[Federal Register Volume 80, Number 124 (Monday, June 29, 2015)]
[Notices]
[Page 36986]
[FR Doc No: 2015-15796]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2014-0064; FRL-9929-77-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NESHAP for Steel Pickling, HCl Process
Facilities and Hydrochloric Acid Regeneration Plants (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency has submitted an
information collection request (ICR), ``NESHAP for Steel Pickling, HCl
Process Facilities and Hydrochloric Acid Regeneration Plants (40 CFR
part 63, subpart CCC) (Renewal)'' (EPA ICR No. 1821.08, OMB Control No.
2060-0419) to the Office of Management and Budget (OMB) for review and
approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.). This is a proposed extension of the ICR, which is currently
approved through June 30, 2015. Public comments were previously
requested via the Federal Register (79 FR 30117) on May 27, 2014 during
a 60-day comment period. This notice allows for an additional 30 days
for public comments. A fuller description of the ICR is given below,
including its estimated burden and cost to the public. 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.

DATES: Additional comments may be submitted on or before July 29, 2015.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OECA-2014-0064, to (1) EPA online using www.regulations.gov (our
preferred method), by email to<EMAIL_ADDRESS>or by mail to: EPA
Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW., Washington, DC 20460, and (2) OMB via email to
<EMAIL_ADDRESS>Address comments to OMB Desk Officer for
EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Patrick Yellin, Monitoring,
Assistance, and Media Programs Division, Office of Compliance, Mail
Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave.
NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Supporting documents which explain in detail the information that
the EPA will be collecting are available in the public docket for this
ICR. The docket can be viewed online at www.regulations.gov or in
person at the EPA Docket Center, EPA West, Room 3334, 1301 Constitution
Ave. NW., Washington, DC. The telephone number for the Docket Center is
202-566-1744. For additional information about EPA's public docket,
visit http://www.epa.gov/dockets.
    Abstract: This rule applies to all facilities that pickle steel
using hydrochloric acid or regenerate hydrochloric acid, and are major
sources or are part of a facility that is a major source.
    In general, all NESHAP standards require initial notifications,
performance tests, and periodic reports by the owners/operators of the
affected facilities. They are also required to maintain records of the
occurrence and duration of any startup, shutdown, or malfunction in the
operation of an affected facility, or any period during which the
monitoring system is inoperative. These notifications, reports, and
records are essential in determining compliance, and are required of
all affected facilities subject to NESHAP.
    Any owner/operator subject to the provisions of this part shall
maintain a file of these measurements, and retain the file for at least
five years following the date of such measurements, maintenance
reports, and records. All reports are sent to the delegated state or
local authority. In the event that there is no such delegated
authority, the reports are sent directly to the United States
Environmental Protection Agency (EPA) regional office.
    Form Numbers: None.
    Respondents/affected entities: Steel pickling, hydrochloric acid
process and regeneration facilities.
    Respondent's obligation to respond: Mandatory.
    Estimated number of respondents: 100 (total).
    Frequency of response: Initially, occasionally and semiannually.
    Total estimated burden: 35,100 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $3,530,000 (per year), includes $10,600
annualized capital or operation & maintenance costs.
    Changes in the Estimates: The increase in burden and cost from the
most recently approved ICR is due to an adjustment. It is not due to
any program changes. During the 2012 RTR, EPA did not add additional
requirements, other than reporting performance test results through the
WebFIRE interface if the test methods used are those supported by the
Electronic Reporting Tool (ERT). However, we updated the estimated
number of average number of respondents subject to Subpart CCC from 72
to 100. The increase in the number of facilities results in an overall
increase in the respondent and Agency burden and in O&M costs.

Courtney Kerwin,
Acting Director, Collection Strategies Division.
[FR Doc. 2015-15796 Filed 6-26-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 193 (Monday, October 6, 2014)]
[Notices]
[Pages 60151-60152]
[FR Doc No: 2014-23755]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER14-2955-000]

Skylar Resources, LP; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding,
of Skylar Resources, LP's application for market-based rate authority,
with an accompanying rate schedule, noting that

such application includes a request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability is October 20, 2014.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding(s) are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also 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 email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: September 30, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-23755 Filed 10-3-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 131 (Friday, July 8, 2011)]
[Notices]
[Pages 40410-40412]
[FR Doc No: 2011-17123]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64797; File No. SR-NYSEAmex-2011-46]

Self-Regulatory Organizations; NYSE Amex LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending Exchange
Rule 1000(a)(iv) To Provide for a Different Liquidity Replenishment
Point Value Range During the First Day of Trading of an Initial Public
Offering on the Exchange

July 1, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on June 28, 2011, NYSE Amex LLC (``NYSEAmex'' or the ``Exchange'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by the Exchange. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange proposes to amend NYSE Amex Equities Rule 1000(a)(iv)
to provide for a different liquidity replenishment point (``LRP'')
value range during the first day of trading of an initial public
offering (``IPO'') on the Exchange. The text of the proposed rule
change is available at the Exchange, the Commission's Public Reference
Room, and http://www.nyse.com.

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

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

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

1. Purpose
    The Exchange proposes to amend NYSE Amex Equities Rule 1000(a)(iv)
to provide for a different LRP value range during the first day of
trading of an IPO on the Exchange. Specifically, the Exchange proposes
to add proposed Rule 1000(a)(iv)(E) to provide that on the first day of
trading of an IPO, the LRP value shall be the greater of $2.00 or the
LRP value range that would be applicable based on the offering price of
the IPO.
I. Background
    Pursuant to NYSE Amex Equities Rule 1000(a)(iv), LRPs are pre-
determined price points that function to moderate volatility in a
particular security, improve price continuity, and foster market
quality by temporarily converting the electronic market to an auction
market and permitting new trading interest to add liquidity.\3\
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    \3\ See also NYSE Amex Equities Rules 60(e)(i).
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    Pursuant to NYSE Amex Equities Rule 60, Autoquote is suspended when
an LRP is reached, i.e., when the unfilled balance of an incoming
automatically executing order is able to trade at a price above (below)
the LRP, or if the incoming interest would create a locked or crossed
market. Autoquote resumes after a manual trade or when the lock or
cross is cleared.\4\
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    \4\ See NYSE Amex Equities Rule 60(d)(i)(C).
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    LRPs are calculated by adding and subtracting a value to the
security's last

sale price. The LRP values are based on an examination of trading data
and vary based on the security's Exchange average daily volume
(``ADV''), price, and volatility. The values used to calculate the
LRPs' range do not change intraday and are disseminated daily by the
Exchange on its Web site.
II. Modification to LRP Value Ranges
    The Exchange proposes to amend NYSE Amex Equities Rule 1000(a)(iv)
to provide for a different LRP value range during the first day of
trading of an IPO on the Exchange. Specifically, the Exchange proposes
to provide that for the first day of trading of an IPO on the Exchange,
the LRP value will be the greater of $2.00 or the LRP value that would
be applicable based on the offering price.
    The Exchange currently uses the offering price of an IPO, as set by
the investment bank syndicate the night before the first day of
trading, to determine the LRP value range in that security. However,
trading prices on the first day of an IPO can often be volatile, both
compared to the offering price as well as intra-day. As a result, using
the offering price to determine the LRP value range may be inconsistent
with the actual trading prices, resulting in more frequent triggering
of LRPs than is typical on the Exchange, thus unnecessarily limiting
automatic execution of orders on the first day of trading.
    A recent example of how an IPO can trade at prices beyond the
original offering prices recently occurred on the New York Stock
Exchange LLC (``NYSE''), which has the same rules as the Exchange
governing LRPs.\5\ For the May 19, 2011, IPO of LinkedIn Corp. (LNKD)
on the NYSE, the offering price was set the night before at $45 per
share and based on that price and pursuant to Rule 1000(a)(iv)(C), the
NYSE set the LRP value for the security at $0.70 for the first day of
trading. Notwithstanding the offering price, the opening price for LNKD
at the NYSE was $83.00 and the stock reached a trading high of $122.70
during the first day of trading, closing at $94.25. LNKD therefore
traded at prices throughout the day that would have otherwise warranted
a higher LRP value and as a result, there was a greater occurrence of
LRPs being reached than would have otherwise occurred on a regular
trading day. The first day of trading in LNKD is illustrative of the
type of volatility and price fluctuations that can occur on the first
day of trading of an IPO.
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    \5\ See NYSE Rule 1000(a)(iv).
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    The Exchange proposes to widen the LRP values for the first day of
trading of an IPO in order to reflect that the first day of trading of
an IPO generally differs from regular trading days in that there is
often greater volume and volatility, with wider price fluctuations. The
NYSE is similarly filing to amend NYSE Rule 1000.\6\ While the Exchange
does not have the same volume of IPOs as occur on the NYSE, the
Exchange believes that the changes to LRP values that are being
proposed for NYSE should also be adopted at the Exchange. As proposed,
the LRP value range would be the greater of $2.00 or the LRP value
range that would be applicable based on the IPO's offering price. For
example, if the IPO's offering price were priced above $150, the LRP
value range could be $4.00 rather than $2.00.
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    \6\ See SR-NYSE-2011-31.
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    The Exchange believes that widening the LRP value ranges for the
first day of trading of an IPO would allow for more continuous
automatic executions of securities before hitting an LRP. While the
purpose of the LRP is to dampen volatility and to provide market
participants with time to react, the Exchange believes that the
proposed amendment is necessary to lessen artificial limitations on
trading. If an LRP is triggered too frequently, such as when the price
of a security increases during the trading day well beyond the LRP
value that has been assigned to that security for the day, trading in
the security may be overly restrained. As such, the Exchange believes
that allowing for an expanded value range on the first day of trading
of an IPO will better facilitate the natural trading of a particular
security.
2. Statutory Basis
    The basis under the Act for these proposed rule changes are the
requirement under Section 6(b)(5) \7\ that an Exchange have rules that
are designed to promote just and equitable principles of trade, to
remove impediments to and perfect the mechanism of a free and open
market and a national market system and, in general, to protect
investors and the public interest. The proposed rule change also is
designed to support the principles of Section 11A(a)(1) \8\ in that it
seeks to assure economically efficient execution of securities
transactions, make it practicable for brokers to execute investors'
orders in the best market and provide an opportunity for investors'
orders to be executed without the participation of a dealer. The
Exchange's proposal to provide flexibility in setting the LRP range on
the first day of trading for an IPO is intended to provide for faster
executions of securities by limiting the amount of time automatic
executions are suspended when an LRP is triggered.
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    \7\ 15 U.S.C. 78f(b)(5).
    \8\ 15 U.S.C. 78k-1(a)(1).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \9\ and Rule 19b-4(f)(6) thereunder.\10\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.\11\
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    \9\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to provide the Commission
with written notice of its intent to file the proposed rule change,
along with a brief description and text of the proposed rule change,
at least five business days prior to the date of filing of the
proposed rule change, or such shorter time as designated by the
Commission. The Exchange has fulfilled this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \12\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\13\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest.
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    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
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    The Exchange has requested that the Commission waive the 30-day
operative delay so that the proposal may become

operative upon filing. The Commission hereby grants that request. The
New York Stock Exchange LLC has proposed a similar change to its Rule
1000, and the Commission is waiving the 30-day operative delay for that
proposal.\14\ Waiving the operative delay for this proposal will thus
keep Exchange Rule 1000 consistent with NYSE Rule 1000 in this respect.
In addition, waiving the 30-day operative delay will enable this change
to be implemented immediately so that the wider LRP values will be
available for the next IPO that takes place on the Exchange. Therefore,
the Commission believes it is consistent with the protection of
investors and the public interest to waive the 30-day operative delay
and designates the proposal as operative upon filing.\15\
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    \14\ See SR-NYSE-2011-31.
    \15\ For purposes only of waiving the operative delay for this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEAmex-2011-46 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEAmex-2011-46. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room on
official business days between the hours of 10 a.m. and 3 p.m. Copies
of such filing also will be available for inspection and copying at the
principal offices of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NYSEAmex-2011-46, and should be submitted on or before
July 29, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-17123 Filed 7-7-11; 8:45 am]
BILLING CODE 8011-01-P


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

1. Agency/ Subagency originating request Environmental Protection Agency/ Office of Air and Radiation/ Office of Transportation and Air Quality 2. OMB control number b. G None a 2060 0321 3. Type of information collection ( check one) a. G New collection b. G Revision of a currently approved collection c. X Extension of a currently approved collection d. G Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number 4. Type of review requested ( check one) a. X Regular b. G Emergency  Approval requested by: / / c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? G Yes X No For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a. X Three years from approval date b. G Other Specify: / /___

7. Title: Emission Certification and Compliance Requirements for Marine Spark ignition Engines ( Renewal)

8. Agency form number( s) ( If applicable) EPA ICR # 1722.04 9. Keywords: marine, spark ignition engines, certification, ABT, PLT, In use, testing, nonroad 10. Abstract: Engine manufacturers must obtain a certificate of compliance with applicable emission standards before the start of production. Manufacturers are required to submit a description of the engine families and emission test data to demonstrate compliance. The Averaging, Trading and Banking program allows manufacturers to certify to a corporate average emission standard and to earn emission credits on cleaner engine families and use them later to certify engine families with emission levels above the standards. The average emissions of all the manufacturer's engine families participating in the program must not exceed the standards. Respondents are also required to conduct quality control audits and in use testing.

11. Affected public ( Mark primary with " P" and all others that apply with " X") a. Individuals or households d. Farms b. P Business or other for profit e. Federal Government c. Not for profit institutions f. State, Local or Tribal Government 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. G Voluntary b. G Required to obtain or retain benefits c. X Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 10 b. Total annual responses 218 1. Percentage of these responses collected electronically 100 % c. Total hours requested 40,293 d. Current OMB inventory 38,674 e. Difference 1,619 f. Explanation of difference 1. Program Change 0 2. Adjustment 1,619 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars) a. Total annualized capital/ startup costs 0 b. Total annual costs ( O& M) $ 201 c. Total annualized cost requested $ 201 d. Current OMB inventory $ 2 e. Difference $ 199 f. Explanatio n of difference 1. Program change $ 0 2. Adjustment $ 199 15. Purpose of information collection ( Mark Primary With " P" and all others that apply with " X") a. __ Application for benefits e. __ Program planning or management b. __ Program evaluation f. __ Research c. __ General purpose statistics g. P Regulatory or compliance d. __ Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a. X Recordkeeping b. Q Third party disclosure c. X Reporting 1. Q On occasion 2. Q Weekly 3. Q Monthly 4. X Quarterly 5. Q Semi annually 6. X Annually 7. Q Biannually 8. Q Other ( describe)

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

Q Yes X No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: Nydia Y. Reyes Morales Phone: 202.343.9264 OMB 83 I 10/ 95 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, 1 certify that the collection of information encompassed by this request complies with' 5 CFR 1320.9.

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

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

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

( b) It avoids unnecessary duplication;

( c) It reduces burden on small entities;

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

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

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

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

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

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

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

Signature of Program Official Merrylin Zaw Mon, Director Certification and Compliance Division Office of Transportation and Air Quality Date August 23, 2004 Signature of Senior Official or designee Oscar Morales, Director Collection Strategies Division Office of Environmental Information Date OMB 83 I 10/ 95


 ADVANCE \y63

	UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

	REGION III

1650 Arch Street

	Philadelphia, Pennsylvania  19103-2029

February 1, 2011

Ms. Joyce E. Epps, Director

Pennsylvania Department of Environmental Protection

Bureau of Air Quality

Rachel Carson State Office Building

P.O. Box 2063

Harrisburg, PA  17105-2063

Dear Ms. Epps:

On January 4, 2011, the U.S. Environmental Protection Agency (EPA)
received a revision to the Pennsylvania State Implementation Plan (SIP)
from the Pennsylvania Department of Environmental Protection (PADEP).
This revision pertains to amendments to 25 Pa. Code Chapters 121 and
129, which amends the existing regulations at §§ 121.1 and 129.51, and
adds new § 129.52c for control of volatile organic compound (VOC)
emissions from flat wood paneling surface coating processes.  EPA has
determined that the submittal is administratively and technically
complete, and is reviewing it to prepare a Notice of Proposed Rulemaking
(NPR).

If members of your staff have any questions, they may direct them to
Irene Shandruk, Office of Air Program Planning, at<PHONE_NUMBER>.  She
is the principal contact for this rulemaking.

		Sincerely,

							/s/

   		Diana Esher, Director

                          		   		Air Protection Division

cc:   Arleen Shulman, PADEP

	Customer Service Hotline: 1-800-438-2474


[Federal Register Volume 81, Number 182 (Tuesday, September 20, 2016)]
[Rules and Regulations]
[Pages 64347-64349]
[FR Doc No: 2016-22503]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2016-0407; FRL-9952-55-Region 7]

Partial Approval and Partial Disapproval of Implementation Plans;
State of Iowa; Infrastructure SIP Requirements for the 2008 Ozone
National Ambient Air Quality Standard (NAAQS)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to partially approve and partially disapprove elements of the
State Implementation Plan (SIP) submission from the State of Iowa
addressing the applicable requirements of the Clean Air Act (CAA)
section 110 for the 2008 ozone NAAQS. Section 110 requires that each
state adopt and submit a SIP to support the implementation,
maintenance, and enforcement of each new or revised NAAQS promulgated
by the EPA. These SIPs are commonly referred to as ``infrastructure''
SIPs. The infrastructure requirements are designed to ensure that the
structural components of each state's air quality management program
are adequate to meet the state's responsibilities under the CAA.

DATES: This final rule is effective on October 21, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R07-OAR-2016-0407. All documents in the docket are listed on
the www.regulations.gov Web site. 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 electronically at

www.regulations.gov and at EPA Region 7, 11201 Renner Boulevard,
Lenexa, Kansas 66219. Please schedule an appointment during normal
business hours with the contact listed in the FOR FURTHER INFORMATION
CONTACT section.

FOR FURTHER INFORMATION CONTACT: Heather Hamilton, Environmental
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at<PHONE_NUMBER>, or by email at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA. This section provides additional information by
addressing the following:

I. What is being addressed in this document?
II. What action is EPA taking?
III. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    EPA is taking final action to partially approve and partially
disapprove the infrastructure SIP submission received from the State of
Iowa on January 17, 2013. EPA is approving the following elements of
section 110(a)(2): (A), (B), (C), (D)(i)(II)--prong 3 only, (E) through
(H), and (J) through (M).
    EPA is disapproving element 110(a)(2)(D)(i)(II)--prong 4. EPA did
not act on sections 110(a)(2)(D)(i)(I)--prongs 1 and 2, and
110(a)(2)(I).
    A Technical Support Document (TSD) is included as part of the
docket to discuss the details of this rulemaking.
    The proposal to approve the infrastructure SIP submission was
published on Friday July 29, 2016, in the Federal Register. 81 FR
49911. The comment period ended August 29, 2016. There were no comments
on the proposal.

II. What action is EPA taking?

    The EPA is taking final action to partially approve and partially
disapprove the January 17, 2013 submission from the State of Iowa which
addresses the requirements of CAA sections 110(a)(1) and (2) as
applicable to the 2008 ozone NAAQS.
    Based on review of the state's infrastructure SIP submissions and
relevant statutory and regulatory authorities and provisions referenced
in those submissions or referenced in Iowa's SIP, EPA believes that
Iowa's SIP meets the elements of sections 110(a)(1) and (2) with
respect to the 2008 ozone NAAQS. EPA is taking final action to
partially approve and partially disapprove the infrastructure SIP
submission received from the State of Iowa on January 17, 2013. EPA is
approving the following elements of section 110(a)(2): (A), (B), (C),
(D)(i)(II)--prong 3 only, (E) through (H), and (J) through (M). EPA is
disapproving element 110(a)(2)(D)(i)(II)--prong 4. The EPA is not
required to take further action with respect to prong 4 because the
CSAPR Federal Implementation Plan already in place achieves the
necessary emission reductions. EPA did not act on sections
110(a)(2)(D)(i)(I)--prongs 1 and 2, and 110(a)(2)(I).
    The EPA's analysis of these submissions is addressed in a TSD as
part of the docket.

III. 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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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 (Public Law 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).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
    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 November 21, 2016. 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).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Prevention of
significant deterioration, Reporting and recordkeeping requirements.

    Dated: September 8, 2016.
Mark Hague,
Regional Administrator, Region 7.
    For the reasons stated in the preamble, EPA amends 40 CFR part 52
as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart Q--Iowa

0
2. In section 52.820(e), the table is amended by adding entry (43) in
numerical order to read as follows:

Sec.  52.820  Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Iowa Nonregulatory SIP Provisions
----------------------------------------------------------------------------------------------------------------
 Name of  non-regulatory  SIP   Applicable  geographic       State
           revision             or  nonattainment area  submittal date  EPA Approval date       Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
(43) Sections 110(a)(1) and     Statewide.............         1/17/13  9/20/16 and        This action approves
 (2) Infrastructure                                                      [Insert Federal    the following CAA
 Requirements 2008 Ozone NAAQS.                                          Register           elements:
                                                                         citation].         110(a)(2)(A), (B),
                                                                                (C), (D)(i)(II)--
                                                                                prong 3 only, (E),
                                                                                (F), (G), (H), (J),
                                                                                (K), (L), and (M).
                                                                                110(a)(2)(D)(i)(II)-
                                                                                -prong 4 is
                                                                                disapproved.
                                                                                110(a)(2)(I) is not
                                                                                applicable. [EPA-R07-
                                                                                OAR-2016-0407; FRL-
                                                                                9952-55-Region 7].

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

[FR Doc. 2016-22503 Filed 9-19-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 133 (Thursday, July 13, 2017)]
[Notices]
[Page 32439]
[FR Doc No: 2017-14689]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0190]

Hours of Service (HOS) of Drivers; Application for Exemption;
Rail Delivery Services (RDS); Correction

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of application for exemption; request for comments;
correction.

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

SUMMARY: FMCSA published a notice in the Federal Register of July 7,
2017, concerning a request for comments on an Rail Delivery Services
(RDS) application for exemption. The notice included the incorrect
docket number FMCSA-2017-0175. The correct docket number is FMCSA-2017-
0190. The Agency will monitor both dockets and ensure that comments
submitted are posted in the correct docket.

DATES: Comments must be received on or before August 7, 2017.

FOR FURTHER INFORMATION CONTACT: For information concerning this
notice, contact Mr. Thomas Yager, Chief, FMCSA Driver and Carrier
Operations Division; Office of Carrier, Driver and Vehicle Safety
Standards; Telephone:<PHONE_NUMBER>. Email<EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, contact
Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Corrections

    1. In the Federal Register of July 7, 2017, in FR Doc. 2017-0175,
on page 31680, in the first column, correct the ``Docket No.'' to read:
``FMCSA-2017-0190''.
    2. In the Federal Register of July 7, 2017, in FR Doc. 2017-0175,
on page 31681, in the ADDRESSES header, correct the ``Federal Docket
Management System (FDMS) Number'' to read: ``FMCSA-2017-0190''.
    3. In the Federal Register of July 7, 2017, in FR Doc. 2017-0175,
on page 31681, in the SUPPLEMENTARY INFORMATION header under the first
paragraph of Submitting Comments, correct the ``docket number for this
notice'' to read: ``FMCSA-2017-0190''.
    4. In the Federal Register of July 7, 2017, in FR Doc. 2017-0175,
on page 31681, in the SUPPLEMENTARY INFORMATION header under the second
paragraph of Submitting Comments, correct the ``docket number'' to
read: ``FMCSA-2017-0190''.

    Issued on: July 7, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-14689 Filed 7-12-17; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 87, Number 195 (Tuesday, October 11, 2022)]
[Notices]
[Pages 61420-61421]
[FR Doc No: 2022-21959]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-116, OMB Control No. 3235-0109]

Submission for OMB Review; Comment Request; Extension: Rule 12d1-
3

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

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget this request for extension of the previously approved
collection of information discussed below.
    Exchange Act Rule 12d1-3 (17 CFR 240.12d1-3) requires a
certification that a security has been approved by an exchange for
listing and registration pursuant to Section 12(d) of the Securities
Exchange Act of 1934 (15 U.S.C. 78l(d)) to be filed with the
Commission. The information required under Rule 12d1-3 must be filed
with the Commission and is publicly available. We estimate that it
takes approximately one-half hour to provide the information required
under Rule 12d1-3 and that the information is filed by approximately
688 respondents annually for a total annual reporting burden of 344
burden hours (0.5 hours per response x 688 responses). An agency may
conduct or sponsor, and a person is not required to respond to, a
collection of information unless it displays a currently valid control
number.
    The public may view background documentation for this information
collection at the following website: www.reginfo.gov. Find this
particular information collection by selecting ``Currently under 30-day
Review--Open for Public Comments'' or by using the search function.
Written comments and recommendations for the proposed information
collection should be sent within 30 days of publication of this notice
by November 10, 2022 to (i) www.reginfo.gov/public/do/PRAMain and (ii)
David Bottom, Director/Chief Information Officer, Securities and
Exchange Commission, c/o John Pezzullo, 100 F Street NE, Washington, DC
20549, or by sending an email to: [email protected].

    Dated: October 4, 2022.
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022-21959 Filed 10-7-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 48 (Wednesday, March 12, 2014)]
[Notices]
[Page 14037]
[FR Doc No: 2014-05390]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-1017; FRL-9905-45]

Product Cancellation Order for Certain Pesticide Registrations;
Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; correction.

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

SUMMARY: EPA issued a notice in the Federal Register of August 21,
2013, and October 30, 2013, concerning receipt of requests to
voluntarily cancel certain pesticide registrations and its follow-up
product cancellation order, respectively. In both notices, EPA
inadvertently listed the pesticide product Paraquat Dichloride
Technical (EPA Reg. No.<PHONE_NUMBER>5). The registrant did not request
voluntary cancellation for this product. Therefore, EPA is not
cancelling the pesticide product Paraquat Dichloride Technical (EPA
Reg. No.<PHONE_NUMBER>5). This document removes the cancellation order
for Paraquat Dichloride Technical (EPA Reg. No.<PHONE_NUMBER>5) listed in
both the August 21, 2013, and October 30, 2013, Federal Register
notices.

FOR FURTHER INFORMATION CONTACT: John W. Pates, Jr., Pesticide Re-
Evaluation Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    The Agency included in the Federal Register notices of August 21,
2013 (78 FR 51721) (FRL 9396-5) and October 30, 2013 (78 FR 64938)
(FRL-9403-2) a list of those who may be potentially affected by this
action.

B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPP-2009-1017, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), EPA West Bldg., Rm. 3334, 1301 Constitution
Ave. NW., Washington, DC 20460-0001. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OPP Docket is (703) 305-
5805. Please review the visitor instructions and additional information
about the docket available at http://www.epa.gov/dockets.

II. What does this correction do?

    EPA issued a notice in the Federal Register of August 21, 2013, and
October 30, 2013, concerning receipt of requests to voluntarily cancel
certain pesticide registrations and its follow-up product cancellation
order, respectively. In both notices, EPA inadvertently listed the
pesticide product Paraquat Dichloride Technical (EPA Reg. No. 083558-
00005). The registrant did not request voluntary cancellation for this
product and this document corrects the inclusion of this product
registration for voluntary cancellation. Therefore, EPA is not
cancelling the pesticide product Paraquat Dichloride Technical (EPA
Reg. No.<PHONE_NUMBER>5). This document removes the cancellation order
for Paraquat Dichloride Technical (EPA Reg. No.<PHONE_NUMBER>5) listed in
both the August 21, 2013, and October 30, 2013, Federal Register
notices.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: March 5, 2014.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2014-05390 Filed 3-11-14; 8:45 am]
BILLING CODE 6560-50-P


 [Federal Register Volume 82, Number 159 (Friday, August 18, 2017)] [Notices] [Page 39489] [FR Doc No: 2017-17426]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Aviation Rulemaking Advisory Committee; Meeting

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of Aviation Rulemaking Advisory Committee (ARAC)

meeting.

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

SUMMARY: The FAA is issuing this notice to advise the public of a

meeting of the ARAC.

DATES: The meeting will be held on September 14, 2017, starting at 1:00

p.m. Eastern Standard Time. Arrange oral presentations by September 7,

2017.

ADDRESSES: The meeting will take place at the Federal Aviation

Administration, 800 Independence Avenue SW., Washington, DC 20591.

FOR FURTHER INFORMATION CONTACT: Nikeita Johnson, Federal Aviation

Administration, 800 Independence Avenue SW., Washington, DC 20591,

telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION: Pursuant to Section 10(a)(2) of the Federal

Advisory Committee Act (5 U.S.C. App. 2), we are giving notice of a

meeting of the ARAC taking place on September 14, 2017, at the Federal

Aviation Administration, 800 Independence Avenue SW., Washington, DC

20591.

    The Draft Agenda includes:

1. Status Report from the FAA

2. Status Updates:

    a. ARAC Input to Support Regulatory Reform of Aviation Regulations

    b. Active Working Groups

    c. Transport Airplane and Engine (TAE) Subcommittee

3. Any Other Business

    The Agenda will be published on the FAA Meeting Web page (https://www.faa.gov/regulations_policies/rulemaking/npm/) once it is finalized.

    Attendance is open to the interested public but limited to the

space available. Please confirm your attendance with the person listed

in the FOR FURTHER INFORMATION CONTACT section no later than September

1, 2017. Please provide the following information: Full legal name,

country of citizenship, and name of your industry association, or

applicable affiliation. If you are attending as a public citizen,

please indicate so.

    For persons participating by telephone, please contact the person

listed in the FOR FURTHER INFORMATION CONTACT section by email or phone

for the teleconference call-in number and passcode. Callers are

responsible for paying long-distance charges.

    The public must arrange by September 7, 2017 to present oral

statements at the meeting. The public may present written statements to

the Aviation Rulemaking Advisory Committee by providing 25 copies to

the Designated Federal Officer, or by bringing the copies to the

meeting.

    If you are in need of assistance or require a reasonable

accommodation for this meeting, please contact the person listed under

the heading FOR FURTHER INFORMATION CONTACT. Sign and oral

interpretation, as well as a listening device, can be made available if

requested 10 calendar days before the meeting.

    Issued in Washington, DC.

Lirio Liu,

Designated Federal Officer, Aviation Rulemaking Advisory Committee.

[FR Doc. 2017-17426 Filed 8-17-17; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Notices]
[Page 37058]
[FR Doc No: 2023-11937]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RD23-2-000]

North American Electric Reliability Corporation; Notice of Joint
Technical Conference

    Take notice that Federal Energy Regulatory Commission and North
American Electric Reliability Corporation (NERC) staff will convene a
technical conference in the above-referenced proceeding on August 10,
2023. The conference will be held in-person at NERC's headquarters at
3353 Peachtree Road NE, Suite 600, North Tower, Atlanta, GA 30326.
Information on travelling to NERC's Atlanta office is available here:
https://nercstg.nerc.com/AboutNERC/Resource%20Documents/2021%20Atlanta%20Travel%20Guide.pdf.
    The purpose of this conference is to discuss physical security of
the Bulk-Power System, including the adequacy of existing physical
security controls, challenges, and solutions. The conference will be
open for the public to attend, and there is no fee for attendance.
Supplemental notice(s) will be issued prior to the technical conference
with further details regarding the agenda and organization. Information
on this technical conference will also be posted on the Calendar of
Events on the Commission's website, www.ferc.gov, prior to the event.
    Commission conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations, please
send an email to [email protected], call toll-free<PHONE_NUMBER>
(voice) or<PHONE_NUMBER> (TTY), or send a fax to<PHONE_NUMBER> with
the required accommodations. The conference will also be transcribed.
Transcripts will be available for a fee from Ace Reporting, (202) 347-
3700.
    For more information about this technical conference, please
contact Terrance Clingan at [email protected] or (202) 502-
8823. For information related to logistics, please contact Lonnie
Ratliff at [email protected] or Sarah McKinley at
[email protected] or<PHONE_NUMBER>.

    Dated: May 30, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-11937 Filed 6-5-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 5 (Monday, January 9, 2023)]
[Notices]
[Pages 1313-1314]
[FR Doc No: 2023-00123]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2010-0030]

Massachusetts Bay Transportation Authority's Request To Amend Its
Positive Train Control System

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Notice of availability and request for comments.

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

SUMMARY: This document provides the public with notice that, on
December 21, 2022, the Massachusetts Bay Transportation Authority
(MBTA) submitted a request for amendment (RFA) to its FRA-certified
positive train control (PTC) system. FRA is publishing this notice and
inviting public comment on MBTA's RFA to its PTC system.

DATES: FRA will consider comments received by January 30, 2023. FRA may
consider comments received after that date to the extent practicable
and without delaying implementation of valuable or necessary
modifications to a PTC system.

ADDRESSES:
    Comments: Comments may be submitted by going to https://www.regulations.gov and following the online instructions for
submitting comments.
    Instructions: All submissions must include the agency name and the
applicable docket number. The relevant PTC docket number for this host
railroad is Docket No. FRA-2010-0030. For convenience, all active PTC
dockets are hyperlinked on FRA's website at https://railroads.dot.gov/train-control/ptc/ptc-annual-and-quarterly-reports. All comments
received will be posted without change to https://www.regulations.gov;
this includes any personal information.

FOR FURTHER INFORMATION CONTACT: Gabe Neal, Staff Director, Signal,
Train Control, and Crossings Division, telephone:<PHONE_NUMBER>, email:
[email protected].

SUPPLEMENTARY INFORMATION: In general, Title 49 United States Code
(U.S.C.) Section 20157(h) requires FRA to certify that a host
railroad's PTC system

complies with Title 49 Code of Federal Regulations (CFR) part 236,
subpart I, before the technology may be operated in revenue service.
Before making certain changes to an FRA-certified PTC system or the
associated FRA-approved PTC Safety Plan (PTCSP), a host railroad must
submit, and obtain FRA's approval of, an RFA to its PTC system or PTCSP
under 49 CFR 236.1021.
    Under 49 CFR 236.1021(e), FRA's regulations provide that FRA will
publish a notice in the Federal Register and invite public comment in
accordance with 49 CFR part 211, if an RFA includes a request for
approval of a material modification of a signal and train control
system. Accordingly, this notice informs the public that, on December
21, 2022, MBTA submitted an RFA to its Advanced Civil Speed Enforcement
System II (ACSES II), and that RFA is available in Docket No. FRA-2010-
0030.
    Interested parties are invited to comment on MBTA's RFA by
submitting written comments or data. During FRA's review of this
railroad's RFA, FRA will consider any comments or data submitted within
the timeline specified in this notice and to the extent practicable,
without delaying implementation of valuable or necessary modifications
to a PTC system. See 49 CFR 236.1021; see also 49 CFR 236.1011(e).
Under 49 CFR 236.1021, FRA maintains the authority to approve, approve
with conditions, or deny a railroad's RFA at FRA's sole discretion.

Privacy Act Notice

    In accordance with 49 CFR 211.3, FRA solicits comments from the
public to better inform its decisions. DOT posts these comments,
without edit, including any personal information the commenter
provides, to https://www.regulations.gov, as described in the system of
records notice (DOT/ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See https://www.regulations.gov/privacy-notice for the privacy notice of regulations.gov. To facilitate
comment tracking, we encourage commenters to provide their name, or the
name of their organization; however, submission of names is completely
optional. If you wish to provide comments containing proprietary or
confidential information, please contact FRA for alternate submission
instructions.

    Issued in Washington, DC.
Carolyn R. Hayward-Williams,
Director, Office of Railroad Systems and Technology.
[FR Doc. 2023-00123 Filed 1-6-23; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register: October 26, 2005 (Volume 70, Number 206)]
[Notices]
[Page 61799]
[DOCID:fr26oc05-61]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-28-000]

Petal Gas Storage, L.L.C.; Notice of Proposed Changes in FERC Gas
Tariff

October 19, 2005.
    Take notice that on October 14, 2005, Petal Gas Storage, L.L.C.
(Petal) tendered for filing as part of its FERC Gas Tariff, Original
Volume No.1, First Revised Sheet No. 138, to become effective November
14, 2005.
    Petal states that the purpose of this filing is to remove the CIG/
Granite State policy discount provisions in section 26 of the general
terms and conditions of Petal's tariff.
    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''
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Magalie R. Salas,
Secretary.
[FR Doc. E5-5908 Filed 10-25-05; 8:45 am]

BILLING CODE 6717-01-P


Chapter 852:	LAND DISPOSAL RESTRICTIONS

                               TABLE OF CONTENTS

                                                                          	Page
1.	Legal Authority	1
2.	Preamble	1
3.	Definitions	1
4.	References to Federal Regulations	1
5.	Applicability	3
6.	Dilution Prohibition	4
7.	Treatment in Surface Impoundment Exemption	4
8.	Procedures for Case-by-Case Extensions of the Effective Date	6
9.	No Migration Petitions	7
10.	Waste Analysis, Notification, Certification and Record Keeping	7
11.	 Special Rules Regarding Wastes that Exhibit a Characteristic	7
12.	Storage of Restricted Wastes	7
13.	Prohibitions on Land Disposal	10
14.	Treatment Standards	10
Appendix I:	Toxicity Characteristic Leaching Procedure (TCLP)	11
Appendix II:	Treatment Standards (as Concentrations in the Treatment Residual Extract)	12
Appendix III:	List of Halogenated Organic Compounds Regulated Under Section 13C	13
Appendices IV - XI 	15

Chapter 852:	LAND DISPOSAL RESTRICTIONS

SUMMARY: Identifies hazardous wastes that are restricted from land disposal and defines those limited circumstances under which such wastes may continue to be land disposed.

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NOTE: As used in this rule, "department" has the same meaning as in the Rule Concerning the Processing of Applications and Other Administrative Matters, 06-096 C.M.R. ch. 2, and may refer to either the "board" or the "commissioner". Under certain circumstances, Maine statutes require that the board, rather than the commissioner, perform duties that may be described or referenced in this rule (e.g. licensing of commercial hazardous waste facilities pursuant to 38 M.R.S. §1319-R; licensing of projects of "statewide significance" pursuant to 38 M.R.S. §341-D).

1.	Legal Authority. This rule is authorized and adopted under 38 M.R.S. §1319-O and §1319-R(1), and is intended to be consistent with applicable requirements of the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, 42 U.S.C. 6901, et seq. and regulations promulgated by the United States Environmental Protection Agency (EPA) thereunder.

2.	Preamble. Federal and state policy establish a hierarchy of preferred waste management practices favoring waste reduction, recycling and treatment over land disposal. This rule is intended to encourage waste management practices consistent with such a policy, by restricting the land disposal of hazardous waste without prior treatment to reduce the toxicity and/or mobility of hazardous constituents in the waste.

3.	Definitions. For purposes of this rule, terms not defined in this section shall have the meaning given them in 38 M.R.S. §361-A and §1303-C. The following terms as used in this rule shall have the following meaning unless the context indicates otherwise:

 Debris. "Debris" means solid material exceeding a 60 mm particle size that is intended for disposal and that is: a manufactured object; or plant or animal matter; or natural geologic material. However, the following materials are not debris: any material for which a specific treatment standard is provided in 40 C.F.R. 268, namely lead acid batteries, cadmium batteries, and radioactive lead solids, process residuals such as smelter slag and residues from the treatment of waste, wastewater, sludges, or air emission residues; and intact containers of hazardous waste that are not ruptured and that retain at least 75% of their original volume. For the purposes of this chapter, mercury-containing items such as thermometers, pumps, manometers, thermostats, jars of elemental mercury, batteries, dental amalgam collection devices, and ampules are containers. A mixture of debris that has not been treated to the standards provided by 40 C.F.R. 268.45 and other material is subject to regulation as debris if the mixture is comprised primarily of debris, by volume, based on visual inspection.

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      NOTE: Mercury- containing items are subject to the non-debris mercury treatment standards and must be removed and managed separately from any debris.

C.	Halogenated organic compounds. "Halogenated organic compounds" or "HOCs" means those compounds having a carbon halogen bond which are listed in Appendix III of this Chapter.

D.	Hazardous constituent. "Hazardous constituent" means a constituent listed in Appendix VIII to Chapter 850.

E.	Hazardous Debris. "Hazardous debris" means debris that contains hazardous waste listed in Chapter 850 or that exhibits a characteristic of hazardous waste identified in Chapter 850. Any deliberate mixing of prohibited hazardous waste with debris that changes its treatment classification (i.e. from waste to hazardous debris) is not allowed under the dilution prohibition in Chapter 852, Section 6.

F.	Inorganic metal-bearing waste. "Inorganic metal-bearing waste" means a waste for which EPA has established treatment standards for metal hazardous constituents, and which does not otherwise contain significant organic or cyanide content as described in 40 C.F.R. 268.3(c)(1) and is specifically listed in Appendix XI of Part 268.

G.	Land disposal. "Land disposal" means placement in or on the land and includes, but is not limited to, placement in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed formation, underground mine or cave, or placement in a concrete vault or bunker intended for disposal purposes. Land disposal does not include placement in a staging pile or corrective action management unit.

H.	Non-wastewaters. "Non-wastewaters" means wastes that do not meet the definition of wastewaters in K below.

I.	Polychlorinated biphenyls. "Polychlorinated biphenyls" or "PCBs" are halogenated organic compounds defined in accordance with 40 C.F.R. 761.3.

 Soil. "Soil" means unconsolidated earth material composing the superficial geologic strata (material overlying bedrock), consisting of clay, silt, sand, or gravel size particles as classified by the U.S. Natural Resources Conservation Service, or a mixture of such materials with liquids, sludges or solids which is inseparable by simple mechanical removal processes and is made up primarily of soil by volume based on visual inspection. Any deliberate mix in of prohibited hazardous waste with soil that changes its treatment classification (i.e. from waste to contaminated soil) is not allowed under the dilution prohibition in Chapter 852 Section 6.

K.	Underlying hazardous constituent. "Underlying hazardous constituent" means any constituent listed in 40 C.F.R. 268.48 Table UTS-Universal Treatment Standards, except fluoride, selenium, sulfides, vanadium, and zinc, which can reasonably be expected to be present at the point of generation of the hazardous waste at a concentration above the constituent-specific UTS treatment standards.

L.	Wastewaters. "Wastewaters" means wastes that contain less than 1% by weight total organic carbon (TOC) and less than 1% by weight total suspended solids (TSS).

M.	All other terms shall have the meaning specified in Section 3 of Chapter 854 or 40 C.F.R. 260.10.

4.	References to Federal Regulations. Portions of this rule refer to federal regulations of the United States Environmental Protection Agency (EPA). Unless otherwise specified, the federal regulations referenced are those interim final or final regulations revised as of July 1, 2016, as they appear in the volume 40 of the Code of Federal Regulations (C.F.R.). Where specifically stated, the terms of a referenced federal regulation are hereby adopted as terms of this rule, except that in regulations incorporated thereby, "EPA", "Administrator", "Regional Administrator" and "Director" shall mean "the Maine Department of Environmental Protection (DEP)" or its designated representative"; and the phrase "treat, store, and/or dispose" shall mean "handle". In addition, where the terms of federal regulations hereby incorporated by reference differ from or are inconsistent with other terms of this Chapter or Chapters 850-860, the more stringent of the requirements shall apply. Other changes to regulations incorporated hereby are as expressly made in this rule.

5.	Applicability

 This rule identifies hazardous wastes that are restricted from land disposal and defines those limited circumstances under which an otherwise prohibited waste may continue to be land disposed.

 Except as specifically provided in this Chapter, Chapter 850, or Chapter 851, the requirements of this Chapter apply to persons who generate or transport hazardous waste, and to owners and operators of hazardous waste treatment, storage, and disposal facilities.

 The requirements of this rule shall not affect the availability of a waiver under section 121(d)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA).

 This Chapter does not apply to de minimis losses of characteristic wastes to wastewaters as provided in 40 C.F.R. 268.1(e)(4).

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NOTE:	Farmers complying with Section 10 of Chapter 851, and small quantity generators meeting the exclusion limits and complying with the remaining requirements of Section 3A(5) of Chapter 850, are not subject to the requirements of this Chapter.

 Universal waste handlers and universal waste transporters as defined in Chapter 850 are not subject to the provisions of 40 C.F.R. 268.7 concerning hazardous waste testing, tracking, and recordkeeping requirements for generators, treaters, and disposal facilities; and, 40 C.F.R. 268.50 concerning the storage of hazardous wastes listed in Chapter 850 Section 9, Chapter 853 Sections 10 and 11, and Chapter 857 Sections 6, 12, and 13.

6.	Dilution Prohibition.

 No generator, transporter, handler, or owner or operator of a treatment, storage, or disposal facility shall in any way dilute a restricted waste or the residual from treatment of a restricted waste as a substitute for adequate treatment to achieve compliance with the treatment standards of this Chapter, to circumvent the effective date of a prohibition of this Chapter, to otherwise avoid a prohibition of this Chapter or Sections 5(C  -  E) of Chapter 854, or to circumvent a land disposal prohibition imposed by Section 3004 of RCRA, 42 U.S.C. 6924.

 Iron filings or other metallic forms of iron may not be added to lead-containing wastes in order to achieve any land disposal restriction treatment standard for lead. Lead-containing wastes include D008 wastes (wastes exhibiting a characteristic due to the presence of lead), all characteristic wastes containing lead as an underlying hazardous constituent, listed wastes containing lead as a regulated constituent, and hazardous media containing any of the aforementioned lead-containing wastes.

 Combustion of the hazardous waste codes listed in Appendix XI of Part 268 is prohibited unless in accordance with 268.3(c).

7.	Treatment in Surface Impoundment Exemptions

A.	Wastes which are otherwise prohibited from land disposal under this Chapter may be treated in a surface impoundment or series of impoundments provided that:

(1)	Treatment of such wastes occurs in the impoundments and such treatment is a reasonable and necessary component of a treatment program designed to meet applicable treatment standards;

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NOTE:	The licensing and other provisions of Chapters 854, 855 and 856 also apply to surface impoundments used to treat restricted waste.

(2)	The following conditions are met:

(a)	Sampling and testing. For wastes with treatment standards in this Chapter and/or prohibition levels specified in this Chapter or Section 3004(d) of RCRA, 42 U.S.C. 6924(d), the residues from treatment are analyzed, as specified in 40 C.F.R. 268.7 and 268.32, which are hereby adopted and incorporated by reference, to determine if they meet the applicable treatment standards, or where no treatment standards have been established for the waste, the applicable prohibition levels. The sampling method, specified in the waste analysis plan under Section 6C(3) of Chapter 854 or Section 9A(3) of 855, must be designed such that representative samples of the sludge and supernatant are tested separately rather than mixed to form homogenous samples.

(b)	Removal. The following treatment residues (including any liquid waste) must be removed at least annually: residues which do not meet the treatment standards promulgated under this Chapter; residues which do not meet the prohibition levels established in this Chapter or Section 3004 of RCRA (where no treatment standards have been established); residues which are from the treatment of wastes prohibited from land disposal under this Chapter (where no treatment standards have been established and no prohibition levels apply); or residues from managing listed wastes which are not delisted under Chapter 850. If the volume of liquid flowing through the impoundment or series of impoundments annually is greater than the volume of the impoundment or impoundments, this flow-through constitutes removal of the supernatant for the purposes of this requirement.

(c)	Subsequent management. Treatment residues may not be placed in any other surface impoundment for subsequent management.

(d)	Record keeping. The procedures and schedule for the sampling of impoundment contents, the analysis of test data, and the annual removal of residues which do not meet the applicable treatment standards or prohibition levels (where no treatment standards have been established), or which are prohibited from land disposal under this Chapter (where no treatment standards have been established and no prohibition levels apply), must be specified in the facility's waste analysis plan as required under Section 6C(3) of Chapter 854 or Section 9A(3) of Chapter 855.

(3)	The impoundment meets the design requirements of Section 9B of Chapter 854, and is in compliance with applicable ground water monitoring requirements of Chapter 854 or 855;

(4)	The owner or operator submits to the Department a copy of the waste analysis plan required under paragraph (2) above; and

(5)	The owner or operator submits to the Department a written certification that the requirements of Section 7A of this Chapter are being met and the liners in the impoundment are functioning properly. The following certification is required and must be resubmitted on an annual basis no later than March 1 of each calendar year:

	I certify under penalty of law that the requirements of Section 7A of Chapter 852 of the rules of the Department of Environmental Protection have been met for all surface impoundments being used to treat restricted waste, that there is no evidence of possible leakage from the impoundment, and the liners in such impoundments are functioning properly. I believe that the submitted information is true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.

B.	Notwithstanding the provisions of section7(A) above, wastes that are newly identified or listed after November 8, 1984 and are stored in a surface impoundment newly subject to regulation under Chapter 850  -  857 as a result of such identification or listing, may continue to be stored or treated in the surface impoundment for a period of time specified by the Department not to exceed 48 months after promulgation of the listing or characteristic, provided the surface impoundment is in compliance with section 9(B) of Chapter 855 within 12 months of the promulgation. Storage or treatment of wastes in the impoundment beyond the date specified by the Department must be in accordance with section 7(A) of this Chapter.

C.	Evaporation of hazardous constituents as the principal means of treatment is not considered to be treatment for purposes of an exemption under this section.

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NOTE: See also the prohibition on evaporation in Chapter 854.5(B).

D.	In an action to enforce the requirements of this Chapter, the owner or operator bears the burden of proving that an impoundment qualifies for an exemption under this section.

8.	Procedures for Case-by-Case Extensions of the Effective Date

A.	In accordance with 40 C.F.R. 268.5, any person who generates, treats, stores, or disposes of a hazardous waste may submit an application to the EPA Administrator for an extension of the effective date of any applicable restriction established in this Chapter.

B.	Whenever the EPA Administrator establishes an extension to an effective date under this Chapter, during the period for which such an extension is in effect:

(1)	The storage restrictions of Section 12 of this Chapter do not apply:

(2)	Such hazardous waste may be disposed in a landfill or surface impoundment only if such unit is in compliance with the technical requirements of the following provisions regardless of whether such unit is new, existing, or a replacement or lateral expansion:

(a)	The landfill is in compliance with Section 8B of Chapter 854, the ground water monitoring requirements of Chapter 854 or 855 (whichever is applicable), and if disposing of containerized liquid hazardous wastes containing PCBs at concentrations greater than or equal to 50 ppm but less than 500 ppm, is also in compliance with the requirements of 40 C.F.R. 761.75 and Chapters 854 and 855;

(b)	The surface impoundment is in compliance with Section 9(B) of Chapter 854, or 9(E)(5) of Chapter 855, whichever is applicable, and the ground water monitoring requirements of Chapter 854 or 855, whichever is applicable, except as provided in Section 7(B) of this Chapter.

C.	Pending a decision on the application, the applicant is required to comply with all restrictions on land disposal under this Chapter once the effective date for the waste has been reached.

9.	No Migration Petitions

A.	Any person seeking an exemption from a prohibition under this Chapter for the disposal of a restricted hazardous waste in a particular unit or units must submit a petition to the EPA Administrator and the Department demonstrating, to a reasonable degree of certainty, that there will be no migration of hazardous constituents from the disposal unit for as long as the wastes remain hazardous. Such petition shall be submitted in accordance with 40 C.F.R. 268.6.

B.	After a petition has been approved by the EPA Administrator, and subsequently by the Department (utilizing rulemaking procedures), the owner or operator must comply with 40 C.F.R. 268.6(e) and (f), which are hereby adopted and incorporated by reference, provided however, that the reference to "Part 264 or Part 265" shall mean "Chapter 854 or Chapter 855". Prior to such approvals, the applicant is required to comply with all restrictions on land disposal under this Chapter once the effective date for the waste has been reached. The approval of a petition does not relieve the petitioner from complying with other applicable requirements of Chapters 850-860 of the Department's rules.

C.	The term of a petition shall be no longer than the term of a license if the disposal unit is licensed under Chapter 856, or up to 5 years from the date of approval by the Department if the unit is operating under interim status. In either case, the term of the granted petition shall expire upon the termination or denial of a license under Chapter 856, or upon the termination of interim status or when the volume limit of waste to be land disposed during the term of the petition is reached.

D.	Liquid hazardous wastes containing PCBs at concentrations greater than or equal to 500 ppm are not eligible for an exemption under this section.

10.	Waste Analysis, Notification, Certification and Record Keeping. Generators, owners or operators of treatment facilities, and owners or operators of land disposal facilities shall comply with the requirements of 40 C.F.R. 268.7, which are hereby adopted and incorporated by reference, provided however, that references to "this part", subparts, or sections thereof shall mean "this Chapter", references to 40 C.F.R. 264.13 shall mean "Section 6C(3) of Chapter 854", references to 40 C.F.R. 265.13 shall mean "Section 9A(3) of Chapter 855", references to 40 C.F.R. 262.34 shall mean "Section 8(B) of Chapter 851", references to 40 C.F.R. 261.2, 261.3(f) or 261.6 shall mean "Chapter 850", the notification required by 40 C.F.R. 268.7(d) shall be sent to the receiving facility and the Department, 40 C.F.R. 268.7(a)(7) shall apply only to the exclusions authorized under this Chapter and Chapter 850, and 40 C.F.R. 268.7(a)(10) and (b)(6) shall be deleted. All records must be maintained for at least three years. The retention period is extended automatically during the course of any unresolved enforcement action or as otherwise required by the Department.

11.	Special Rules Regarding Wastes that Exhibit a Characteristic

The requirements of 40 C.F.R. 268.9 are hereby adopted and incorporated by reference, provided that references to 40 C.F.R. Part 268 or sections thereof shall mean "this Chapter", references to subpart C of 40 C.F.R. Part 261 shall mean "Chapter 850(3)(B)", and references to subpart D of 40 C.F.R. Part 261 shall mean "Chapter 850(3)(C)".

12.	Storage of Restricted Wastes

A.	Except as provided in this section, the storage of hazardous wastes restricted from land disposal under this Chapter or Section 3004(d) of RCRA is prohibited, unless the following conditions are met:

(1)	A generator stores such wastes in tanks or containers on-site solely for the purpose of the accumulation of such quantities of hazardous waste as necessary to facilitate proper recovery, treatment, or disposal and,

(a)	the generator complies with the requirements of Chapter 851 including the 90 day accumulation time, or

(b)	if the waste contains PCBs at concentrations greater than or equal to 50 ppm, the generator complies with the requirements of Chapter 851 and 40 C.F.R. 761.65(b).

(2)	An owner/operator of a hazardous waste treatment, storage, or disposal facility stores such wastes in tanks or containers solely for the purpose of the accumulation of such quantities of hazardous waste as necessary to facilitate proper recovery, treatment, or disposal and:

(a)	Each container is clearly marked to identify its contents and the date each period of accumulation begins: and

(b)	Each tank is clearly marked with a description of its contents, the quantity of each hazardous waste received, and the date each period of accumulation begins, or such information for each tank is recorded and maintained in the operating record at that facility. Regardless of whether the tank itself is marked, an owner/operator must comply with the operating record requirements specified in Section 6C(9) of Chapter 854 or Section 9A(9) of Chapter 855.

(c)	Each container or tank is managed in accordance with the applicable provisions of Chapters 854 and 856 and if the waste contains PCBs at concentrations greater than or equal to 50 ppm, the waste must be also stored in compliance with 40 C.F.R. 761.65(b).

(3)	A transporter stores manifested shipments of such wastes for 10 days or less in accordance with a license issued under Chapter 856(11)(A)(3).

B.	An owner/operator of a treatment, storage, or disposal facility may store such wastes for up to 180 days unless the Department can demonstrate that such storage was not solely for the purpose of accumulation of such quantities of hazardous waste as are necessary to facilitate proper recovery, treatment, or disposal.

C.	An owner/operator of a treatment, storage, or disposal facility may store such wastes beyond 180 days up to 360 days provided the owner/operator complies with Chapter 854, Section 12(c)(11); however, in an action to enforce the requirements of this Chapter the owner/operator bears the burden of proving that such storage was solely for the purpose of accumulation of such quantities of hazardous waste as are necessary to facilitate proper recovery, treatment, or disposal.

D.	The prohibition in paragraph A of this section does not apply to:

(1)	Wastes which are the subject of an approved petition under Section 9 of this Chapter;

(2)	Wastes for which the effective date of a prohibition has not been reached or for which a case-by-case extension of the effective date under Section 8 of this Chapter has been approved; and,

(3)	Wastes that meet the applicable treatment standards specified in this Chapter, meet the treatment standards in an approved variance under Section 14 of this Chapter, or where treatment standards have not been specified, are in compliance with the applicable prohibition levels specified in this Chapter or Section 3004 of RCRA.

13.	Prohibitions on Land Disposal

The prohibitions and effective dates of 40 C.F.R. 268.20; 268.31 and 268.32; 268.34; and 268.37 through 268.39, are hereby adopted and incorporated by reference, provided however, that references to 40 C.F.R. 261.31 shall mean "Section 3C(2) of Chapter 850", references to 40 C.F.R. 261.32 shall mean "Section 3C(3) of Chapter 850", references to 40 C.F.R. 261.33 shall mean "Section 3C(4) of Chapter 850", references to 40 C.F.R. 268 or Part 268 or sections thereof shall mean "this Chapter", references to sections or subparts of 40 C.F.R. 264 shall mean "applicable provisions of Chapter 854", references to sections or subparts of 40 C.F.R. Part 265 shall mean "applicable provisions of Chapter 855", references to 40 C.F.R. 268.5(h)(2) shall mean "Section 8(B)(2) of this Chapter", and the prohibitions in Section 5(E) of Chapter 854 and Section 5(B)(7) of Chapter 855 shall continue to apply. Refer to 40 C.F.R. 268 Appendix VII for tables of effective dates organized by waste code.

14.	Treatment Standards

   A.	General. The treatment standards of 40 C.F.R. 268.40-268.43 and 40 C.F.R. 268.48 are hereby adopted and incorporated by reference, provided however, that references to this part or subparts thereof shall mean "this Chapter", references to Part 264 or subparts thereof shall mean "Chapter 854", references to Part 265 or subparts thereof shall mean "Chapter 855", references to Part 266 shall mean "Chapter 856, references to 40 C.F.R. 268.32 or portions thereof shall mean "Section 13 of this Chapter", and petitions for variances from treatment standards expressed as specified technologies in accordance with 40 C.F.R. 268.42(b) shall be submitted to the EPA Administrator and subsequently to the Department for review (utilizing rulemaking procedures) and approval. Underground injection is prohibited pursuant to Section 5(E) of Chapter 854 and Section (B)(7) of Chapter 855, and the dilution prohibition of Section 6 of this Chapter applies.

B.	Variance

         (1)	The generator or treatment facility owner or operator may petition EPA and the Department for a variance from the treatment standard in accordance with 40 C.F.R. 268.44. The Department shall utilize rulemaking procedures in reviewing such a petition, and pending approval of the petition by EPA and subsequently by the Department, the applicant is required to comply with all restrictions on land disposal under this Chapter once the effective date for the waste has been reached.

(2)	A generator, treatment facility owner or operator, or disposal facility owner or operator that is managing a waste covered by a variance from the treatment standards must comply with Section 10 of this Chapter.

   C.	Hazardous Debris. Hazardous debris shall be treated in accordance with 40 C.F.R. 268.45, which is hereby adopted and incorporated by reference, provided that reference to 40 C.F.R. Part 261 or sections thereof shall mean "Chapter 850", references to 40 C.F.R. Part 268 or sections thereof may mean "this Chapter", "Administrator" shall mean "Commissioner", and immobilization technologies must achieve substantial reductions in leachability over the long-term.

   D.	Contaminated Soil. Soil exhibiting a hazardous waste characteristic or which contains a listed waste, and that meets the applicability standards in 40 C.F.R. 268.49(a), shall be treated in accordance with 40 C.F.R. 268.49, which is hereby adopted and incorporated by reference.  Additionally, immobilization technologies must achieve substantial reductions in leachability over the long-term.
Appendix I: Toxicity Characteristic Leaching Procedure (TCLP)

The TCLP is included in SW-846 as Method 1311, as published on July 1, 2005. See Appendix II of Chapter 850.

                            Appendix II: {Reserved}

Appendix III: List of Halogenated Organic Compounds Regulated Under Section 13C

In determining the concentration of HOCs in a hazardous waste for purposes of the Section 13C land disposal prohibition, the Board has defined the HOCs that must be included in the calculation as any compounds having a carbon-halogen bond which are listed in this Appendix (see Section 3A). Appendix III to Chapter 852 consists of the following compounds:

                                   Volatiles

                                 Semivolatiles
Bromodichloromethane
Bis(2-chloroethoxy)ethane
Bromomethane
Bis(2-chloroethyl)ether
Carbon Tetrachloride
Bis(2-chloroisopropyl)ether
Chlorobenzene
p-Chloroaniline
2-Chloro-1,3-butadiene
Chlorobenzilate
Chlorodibromomethane
p-Chloro-m-cresol
Chloroethane
2-Chloronaphthalene
2-Chloroethyl vinyl ether
2-Chlorophenol
Chloroform
3-Chloropropionitrile
Chloromethane
m-Dichlorobenzene
3-Chloropropene
o-Dichlorobenzene
1,2-Dibromo-3-chloropropane
p-Dichlorobenzene
1,2-Dibromomethane
3,3'-Dichlorobenzidine
Dibromomethane
2,4-Dichlorophenol
Trans-1,4-Dichloro-2-butene
2,6-Dichlorophenol
Dichlorodifluoromethane
Hexachlorobenzene
1,1-Dichloroethane
Hexachlorobutadiene
1,2-Dichloroethane
Hexachlorocyclopentadiene
1,1-Dichloroethylene
Hexachloroethane
Trans-1,2-Dichloroethene
Hexachloroprophene
1,2-Dichloropropane
Hexachloropropene
Trans-1,3-Dichloropropene
4,4'-Methylenebis(2-chloroaniline)
cis-1,3-Dichloropropene
Pentachlorobenzene
Iodomethane
Pentachloroethane
Methylene chloride
Pentachloronitrobenzene
1,1,1,2-Tetrachloroethane
Pentachlorophenol
1,1,2,2-Tetrachloroethane
Pronamide
Tetrachloroethene
1,2,4,5-Tetrachlorobenzene
Tribromomethane
2,3,4,6-Tetrachlorophenol
1,1,1-Trichloroethane
1,2,4-Trichlorobenzene
1,1,2-Trichloroethane
2,4,5-Trichlorophenol
Trichloroethene
2,4,6-Trichlorophenol
Trichloromonofluoromethane
Tris(2,3-dibromopropyl)phosphate
1,2,3-Trichloropropane

Vinyl chloride

Organochlorine Pesticides

Aldrin
alpha-BHC
beta-BHC
delta-BHC
gamma-BHC
Chlordane
DDD
DDE
DDT
Dieldrin
Endosulfan I
Endosulfan II
Endrin
Endrin aldehyde
Heptachlor
Heptachlor epoxide
Isodrin
Kepone
Methoxyclor
Toxaphene

Phenoxyacetic Acid Herbicides

2,4-Dichlorophenoxyacetic acid
Silvex
2,4,5-T

PCBs

Aroclor 1016
Aroclor 1221
Aroclor 1232
Aroclor 1242
Aroclor 1248
Aroclor 1254
Aroclor 1260
PCBs not otherwise specified

Dioxins and Furans

Hexachlorodibenzo-p-dioxins
Hexachlorodibenzofuran
Pentachlorodibenzo-p-dioxins
Pentachlorodibenzofuran
Tetrachlorodibenzo-p-dioxins
Tetrachlorodibenzofuran
2,3,7,8-Tetrachlorodibenzo-p-dioxin
Appendix IV  -  Waste Excluded from Lab Packs Under the Alternative Treatment Standards of 40 C.F.R. 268.42(c) (Incorporated by Reference in Section 14A of this Chapter)

Hazardous waste with the following waste codes shall not be placed in lab packs under the alternative lab pack treatment standards of Section 14A of this Chapter: D009, F019, K003, K004, K005, K006, K062, K071, K100, K106, P010, P011, P012, P076, P078, U134, U151.

Appendix V  -  {Reserved}

Appendix VI  -  Recommended Technologies to Achieve Deactivation of Characteristics in 40 C.F.R. 268.42 (Incorporated by Reference in Section 14A of thei Chapter).

Appendix VI to 40 C.F.R. Part 268 is hereby adopted and incorporated by reference, provided that references to 40 C.F.R. Part 268 or sections thereof shall mean "this Chapter" and references to 40 C.F.R. Part 261 shall mean "Chapter 850".

Appendix VII  -  LDR Effective Dates of Surface Disposal Prohibited Hazardous Wastes

Appendix VII to C.F.R. Part 268 is hereby adopted and incorporated by reference.

Appendix VIII  -  {Reserved}

Appendix IX  -  Extraction Procedure (EP) Toxicity Test Method and Structural Integrity Test (Method 1310B)

Appendix X  -  {Reserved}

Appendix XI  -  Metal Bearing Wastes Prohibited from Dilution in a Combustion Unit According to 40 C.F.R. 268.3(c).

Appendix XI to 40 C.F.R. Part 268 is hereby adopted and incorporated by reference.

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                  AUTHORITY:	38 M.R.S., §1301, et seq.

                  EFFECTIVE DATE:	March 16, 1994  -  filing 94-99

EFFECTIVE DATE
(ELECTRONIC CONVERSION):	May 4, 1996

AMENDED:	June 11, 2018  -  filing 2018-100