[Federal Register Volume 81, Number 155 (Thursday, August 11, 2016)]
[Rules and Regulations]
[Pages 53025-53031]
[FR Doc No: 2016-18433]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R06-RCRA-2016-0176; FRL-9950-13-Region 6]

Arkansas: Final Authorization of State Hazardous Waste Management
Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The State of Arkansas has applied to the United States
Environmental Protection Agency (EPA) for final authorization of the
changes to its hazardous waste program under the Resource Conservation
and Recovery Act (RCRA). EPA has determined that these changes satisfy
all requirements needed to qualify for final authorization, and is
authorizing the State's changes through this direct final rule. In the
``Proposed Rules'' section of this Federal Register, EPA is also
publishing a separate document that serves as the proposal to authorize
these changes. EPA believes this action is not controversial and does
not expect comments that oppose it. Unless EPA receives written
comments which oppose this authorization during the comment period, the
decision to authorize Arkansas' changes to its hazardous waste program
will take effect. If EPA receives comments that oppose this action, EPA
will publish a

document in the Federal Register withdrawing this direct final rule
before it takes effect, and the separate document in the ``Proposed
Rules'' section of this Federal Register will serve as the proposal to
authorize the changes.

DATES: This final authorization is effective on October 11, 2016 unless
the EPA receives adverse written comment by September 12, 2016. If the
EPA receives such comment, EPA will publish a timely withdrawal of this
direct final rule in the Federal Register and inform the public that
this authorization will not take effect.

ADDRESSES: Submit your comments by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Email<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER> (prior to faxing, please notify Alima
Patterson at<PHONE_NUMBER>).
     Mail: Alima Patterson, Region 6, Regional Authorization
Coordinator, RCRA Permit Section (RPM), Multimedia Planning and
Permitting Division, EPA Region 6, 1445 Ross Avenue, Dallas Texas
75202-2733.
     Hand Delivery or Courier: Deliver your comments to Alima
Patterson, Region 6, Regional Authorization Coordinator, RCRA Permit
Section (RPM), Multimedia Planning and Permitting Division, EPA Region
6, 1445 Ross Avenue, Dallas Texas 75202-2733.
    Instructions: EPA must receive your comments by September 12, 2016.
Direct your comments to Docket ID Number EPA-R06-RCRA-2016-0176. The
EPA's policy is that all comments received will be included in the
public docket without change and may be made available online at http://www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI), or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through regulations.gov, or email. The
Federal regulations.gov Web site is an ``anonymous access'' system,
which means the EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to the EPA without going through regulations.gov, your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, the EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If the EPA cannot
read your comment due to technical difficulties and cannot contact you
for clarification, the EPA may not be able to consider your comment.
Electronic files should avoid the use of special characters, any form
of encryption, and be free of any defects or viruses. (For additional
information about the EPA's public docket, visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.)
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov, or in hard copy.
    You can view and copy Arkansas' application and associated publicly
available materials from 8:30 a.m. to 4 p.m. Monday through Friday at
the following locations: Arkansas Department of Environmental Quality
(ADEQ), 8101 Interstate 30, Little Rock, Arkansas 72219-8913, (501)
682-0876, and EPA, Region 6, 1445 Ross Avenue, Dallas, Texas 75202-
2733, phone number<PHONE_NUMBER>. Interested persons wanting to
examine these documents should make an appointment with the office at
least two weeks in advance.

FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6 Regional
Authorization Coordinator, RCRA Permit Section (RPM), Multimedia
Planning and Permitting Division,<PHONE_NUMBER>, EPA Region 6, 1445
Ross Avenue, Dallas, Texas 75202-2733, and email address
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Why are revisions to State programs necessary?

    States which have received final authorization from the EPA under
RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous
waste program that is equivalent to, consistent with, and no less
stringent than the Federal program. As the Federal program changes,
States must change their programs and ask the EPA to authorize the
changes. Changes to State programs may be necessary when Federal or
State statutory or regulatory authority is modified or when certain
other changes occur. Most commonly, States must change their programs
because of changes to the EPA's regulations in 40 CFR parts 124, 260
through 268, 270, 273, and 279.
    New Federal requirements and prohibitions imposed by Federal
regulations that the EPA promulgates pursuant to the Hazardous and
Solid Waste Amendments of 1984 (HSWA) take effect in authorized States
at the same time that they take effect in unauthorized States. Thus,
the EPA will implement those requirements and prohibitions in the State
of Arkansas, including the issuance of new permits implementing those
requirements, until the State is granted authorization to do so.

II. What decisions has the EPA made in this rule?

    On November 30, 2015, Arkansas submitted a final complete program
revision application seeking authorization of changes to its hazardous
waste program that correspond to certain Federal rules promulgated
between October 4, 2005 and January 3, 2014, including the adoption of
portions of RCRA Clusters XVI and XVII, and RCRA Clusters XXII and
XXIII (Checklists 211, 213, 214, and 228 through 232). The EPA
concludes that Arkansas' application to revise its authorized program
meets all of the statutory and regulatory requirements established by
RCRA, as set forth in RCRA section 3006(b), 42 U.S.C. 6926(b), and 40
CFR part 271. Therefore, the EPA grants Arkansas final authorization to
operate its hazardous waste program with the changes described in the
authorization application, and as outlined below in Section G of this
document. The State of Arkansas has responsibility for permitting
treatment, storage, and disposal facilities (TSDFs) within its borders
(except in Indian Country) and for carrying out the aspects of the RCRA
program described in its revised program application, subject to the
limitations of HSWA, as discussed above. New Federal requirements and
prohibitions imposed by Federal regulations that the EPA promulgates
under the authority of HSWA take effect in authorized States before
they are authorized for the requirements. Thus, the EPA will implement
those requirements and prohibitions in Arkansas, including issuing
permits, until the State is granted authorization to do so.

III. What is the effect of this authorization decision?

    The effect of this decision is that a facility in Arkansas subject
to RCRA will now have to comply with the authorized State requirements
instead of the equivalent Federal requirements in order to comply with
RCRA. Arkansas has enforcement responsibilities under its State
hazardous waste program for violations of such program, but the EPA
retains its authority under RCRA sections 3007, 3008, 3013, and 7003,
which include, among others, authority to:
     Do inspections, and require monitoring, tests, analyses,
or reports;
     Enforce RCRA requirements and suspend or revoke permits;
and
     Take enforcement actions after notice to and consultation
with the State.
    This action does not impose additional requirements on the
regulated community because the regulations for which Arkansas is being
authorized by this action are already effective under State law, and
are not changed by this action.

IV. Why is EPA using a direct final rule?

    Along with this direct final rule, the EPA is publishing a separate
document in the ``Proposed Rules'' section of this Federal Register
that serves as the proposal to authorize these State program changes.
The EPA did not publish a proposal before this rule because EPA views
this as a routine program change and do not expect comments. The EPA
also views the Arkansas program revisions as noncontroversial action
and anticipates no adverse comment.
    EPA is providing an opportunity for public comment now, as
described in Section E of this document.

V. What happens if the EPA receives comments that oppose this action?

    If the EPA receives comments that oppose this authorization, EPA
will withdraw this direct final rule by publishing a document in the
Federal Register before the rule becomes effective. The EPA will base
any further decision on the authorization of the State program changes
on the proposal mentioned in the previous section, after considering
all comments received during the comment period. EPA will then address
all public comments in a later final rule. You may not have another
opportunity to comment. If you want to comment on this authorization,
you must do so at this time.
    If EPA receives comments that oppose only the authorization of a
particular change to the State hazardous waste program, EPA will
withdraw only that part of this rule, but the authorization of the
program changes that the comments do not oppose will become effective
on the date specified in this document. The Federal Register withdrawal
document will specify which part of the authorization will become
effective, and which part is being withdrawn.

VI. For what has Arkansas previously been authorized?

    Arkansas initially received final authorization on January 25,
1985, (50 FR 1513) to implement its Base Hazardous Waste Management
program. Arkansas received authorization for revisions to its program
on January 11, 1985 (50 FR 1513), effective January 25, 1985; March 27,
1990 (55 FR 11192), effective May 29, 1990; September 18, 1991 (56 FR
47153), effective November 18, 1991; October 5, 1992 (57 FR 45721),
effective December 4, 1992; October 7, 1994 (59 FR 51115), effective
December 21, 1994; April 24, 2002 (67 FR 20038), effective June 24,
2002; and August 15, 2007 (72 FR 45663), effective October 15, 2007.
The authorized Arkansas RCRA program was incorporated by reference into
the Code of Federal Regulations effective December 13, 1993 (58 FR
52674); June 28, 2010 (75 FR 36538), effective August 27, 2010; August
10, 2012 (77 FR 47779), effective October 9, 2012; and October 31, 2014
(79 FR 64678), effective December 30, 2014. The authorized Arkansas
RCRA program was incorporated by reference into the Code of Federal
Regulations October 12, 1993 (58 FR 52674) effective December 13, 1993;
June 20, 1995 (60 FR 32112) effective August 21, 1995; June 28, 2010
(75 FR 36538) effective August 27, 2010; October 2, 2014 (79 FR 59438)
effective December 1, 2014; January 29, 2016 (81 FR 4961) effective
March 29, 2016. On November 30, 2015, Arkansas submitted a final
complete program revision application seeking authorization of its
program revision in accordance with 40 CFR 271.21.
    The ADEQ has re-organized its agency and division's program areas
and subunits, but all duties and responsibilities remain the same. Any
differences between the State's provisions and the Federal provisions
are noted on the individual revision Checklists. The official State
regulations may be found in Arkansas Pollution Control and Ecology
Commission Regulation Number 23 (Hazardous Waste Management), last
amended September 25, 2015, effective October 18, 2015.
    The provisions for which the State is seeking authorization are
documented in the Rule Revision Checklists 211, 213, 214, and 228
through 232, which are portions of RCRA Clusters XVI and XVII, and RCRA
Clusters XXII and XXIII. Reference to Arkansas Code Annotate (A.C.A) of
1987, Annotated, as amended August 2015. Reference to Arkansas
Pollution Control and Ecology Commission (APC&EC) Regulations Number
23, (Hazardous Waste Management) (formerly titled the Arkansas
Hazardous Waste Management Code), last amended September 25, 2015, to
adopt all final rules promulgated by the EPA through June 26 2014,
which became, effective on October 18, 2015. Dates of enactment and
adoption for other statutes or regulations are given when cited.

VII. What changes is the EPA authorizing with this action?

    On November 30, 2015, the State of Arkansas submitted a final
complete program revision application, seeking authorization of their
changes in accordance with 40 CFR 271.21. We now make a direct final
decision, subject to receipt of written comments that oppose this
action, that the State of Arkansas' hazardous waste program revision is
equivalent to, consistent with, and no less stringent than the Federal
program, and therefore satisfies all of the requirements necessary to
qualify for final authorization. Therefore, the EPA grants the State of
Arkansas final authorization for portions of RCRA Clusters XVI and
XVII, and RCRA Clusters XXII and XXIII (Checklists 211, 213, 214, and
228 through 232). The State of Arkansas program revisions consist of
regulations which specifically govern Federal Hazardous Waste revisions
promulgated October 4, 2005, April 4, 2006, July 14, 2006, April 13,
2012, and July 2013 through June 2014, which are listed in a chart
below.

------------------------------------------------------------------------
                               Federal Register
   Description of Federal     date and page (and/     Analogous state
    requirement (include       or RCRA statutory         authority
  checklist #, if relevant)       authority)
------------------------------------------------------------------------
1. Revision of Wastewater     70 FR 57769-57785   Arkansas Code of 1987
 Treatment Exemptions for      October 4, 2005.    Annotated (A.C.A.)
 Hazardous Waste Mixtures                          Sections 8-7-201
 (``Headworks exemptions'').                       through 8-7-226.
 (Checklist 211).                                  Arkansas Pollution
                                                   Control and Ecology
                                                   (APC&E) Regulation
                                                   Number 23, (Hazardous
                                                   Waste Management)
                                                   (HWM) Sections
                                                   261.3(a)(2)(iv)(A),
                                                   (B), (D), (F), and
                                                   (G), as amended
                                                   September 25, 2015,
                                                   effective on October
                                                   18, 2015.
2. Burden Reduction           71 FR 16862-16915   Arkansas Code of 1987
 Initiative. (Checklist 213).  April 4, 2006.      Annotated (A.C.A.)
                                                   Sections 8-7-201
                                                   through 8-7-226.
                                                   Arkansas Pollution
                                                   Control and Ecology
                                                   (APC&E) Regulation
                                                   Number 23, (Hazardous
                                                   Waste Management)
                                                   (HWM) Sections
                                                   260.31(b)(2)-(b)(7),
                                                   261.4(a)(9)(iii)(E),
                                                   261.4(f)(9),
                                                   264.15(b)(4),
                                                   264.16(a)(4),
                                                   264.52(b), 264.56(i),
                                                   264.73(b)
                                                   introductory
                                                   paragraph, (b)(1),
                                                   (b)(2), (b)(6),
                                                   (b)(8), (b)(10),
                                                   (b)(18), and (19),
                                                   264.98(d),
                                                   264.98(g)(2) and
                                                   (g)(3), 264.99(f) and
                                                   (g), 264.100(g),
                                                   264.113(e)(5),
                                                   264.115 \1\, 264.120
                                                   \1\, 264.143(i) \1\,
                                                   264.145(i) \1\,
                                                   264.147(e) \1\,
                                                   264.174, 264.191(a)
                                                   \1\,
                                                   264.191(b)(5)(ii)
                                                   \1\, 264.192(a)
                                                   introductory
                                                   paragraph \1\ and (b)
                                                   introductory
                                                   paragraph \1\,
                                                   264.193(a)(1) and
                                                   (a)(2), 264.193(i)(2)
                                                   \1\, 264.195(b)-(g),
                                                   264.196(f) \1\,
                                                   264.251(c)
                                                   introductory
                                                   paragraph, 264.280(b)
                                                   \1\, 264.314,
                                                   264.343(a)(2),
                                                   264.347(d),
                                                   264.554(c)(2) \1\,
                                                   264.571(a)-(c) \1\,
                                                   264.573(a)(4)(ii)
                                                   \1\, 264.573(g) \1\,
                                                   264.574(a) \1\,
                                                   264.1061(b)(1) and
                                                   (b)(2), 264.1062(a),
                                                   264.1100 introductory
                                                   paragraph,
                                                   264.1101(c)(2) \1\,
                                                   265.15(b)(4),
                                                   265.16(a)(4),
                                                   265.52(b), 265.56(i),
                                                   265.73(b)
                                                   introductory
                                                   paragraph,
                                                   265.73(b)(1) and
                                                   (b)(2), 265.73(b)(6)-
                                                   (8), 265.73(b)(15),
                                                   265.90(d)(1) and
                                                   (d)(3), 265.93(d)(2)
                                                   and (d)(5),
                                                   265.113(e)(5),
                                                   265.115 \1\, 265.120
                                                   \1\, 265.143(h) \1\,
                                                   265.145(h) \1\,
                                                   265.147(e) \1\,
                                                   265.174, 265.191(a)
                                                   \1\,
                                                   265.191(b)(5)(ii)
                                                   \1\, 265.192(a)
                                                   introductory
                                                   paragraph \1\ and (b)
                                                   introductory
                                                   paragraph \1\,
                                                   265.193(a)(1)-(2),
                                                   265.193(i)(2) \1\,
                                                   265.195(a)-(c),
                                                   265.195(e)-(g),
                                                   265.196(f) \ 1\,
                                                   265.201(c)
                                                   introductory
                                                   paragraph,
                                                   265.201(d),
                                                   265.201(f)-(h),
                                                   265.221(a), 265.224,
                                                   265.259(a),
                                                   265.280(e) \1\,
                                                   265.301(a),
                                                   265.303(a), 265.314,
                                                   265.441(a)-(c) \1\,
                                                   265.443(a)(4)(ii)
                                                   \1\, 265.443(g) \ 1\,
                                                   265.444(a) \1\,
                                                   265.1061(b)(1) and
                                                   (b)(2), 265.1061(d),
                                                   265.1062(a), 265.1100
                                                   introductory
                                                   paragraph,
                                                   265.1101(c)(2) \1\,
                                                   266.102(e)(10),
                                                   266.103(d) and (k),
                                                   268.7(a)(1) and
                                                   (a)(2), 268.7(b)(6),
                                                   268.9(a) and (d),
                                                   270.14(a) \1\,
                                                   270.16(a) \1\,
                                                   270.26(c)(15) \1\,
                                                   and 270.42 Appendix
                                                   I, Item O except Item
                                                   O.1, as amended
                                                   September 25, 2015,
                                                   effective on October
                                                   18, 2015.
3. Correction to Errors in    71 FR 40254-40280   Arkansas Code of 1987
 the Code of Federal           July 14, 2006.      Annotated (A.C.A.)
 Regulations. (Checklist                           Sections 8-7-201
 214).                                             through 8-7-226.
                                                   Arkansas Pollution
                                                   Control and Ecology
                                                   (APC&E) Regulation
                                                   Number 23, (Hazardous
                                                   Waste Management)
                                                   (HWM) Sections 260.10
                                                   ``Incompatible
                                                   Waste'', ``Personnel
                                                   or facility
                                                   personnel'',
                                                   ``Universal waste'',
                                                   and ``Used oil'',
                                                   260.22(a)(1),
                                                   260.22(d)(1)(ii),
                                                   260.40(a), 260.41
                                                   introductory
                                                   paragraph,
                                                   261.2(c)(1)(i),
                                                   261.3(a)(2)(i),
                                                   261.4(a)(20)(v),
                                                   261.4(b)(6)(i)(B),
                                                   261.4(b)(6)(ii)
                                                   introductory
                                                   paragraph,
                                                   261.4(b)(6)(ii)(D)
                                                   and (F), 261.4(b)(9),
                                                   261.4(e)(2)(vi),
                                                   261.4(e)(3)(i),
                                                   261.6(a)(2)(i)-(v),
                                                   261.6(c)(2),
                                                   261.21(a)(3) and
                                                   (a)(4), 261.21/Notes
                                                   1-4, 261.24(b),
                                                   261.31(a)/Table,
                                                   261.32/Table ``K107''
                                                   and ``K069'' entries,
                                                   261.33(e), 261.33(e)/
                                                   Comment, 261.33(e)/
                                                   Table, 261.33(f),
                                                   261.33(f)/Comment,
                                                   261.33(f)/Table,
                                                   261.38/Table 1,
                                                   261.38(c)(1)(i)(C)(4)
                                                   , Part 261, Appendix
                                                   VII, Part 261,
                                                   Appendix VIII,
                                                   262.34(a)(1)(iv),
                                                   262.53(b), 262.56(b),
                                                   262.58(a)(1), 262.70,
                                                   262.81(k),
                                                   262.82(a)(1)(ii),
                                                   262.83(b)(1)(i),
                                                   262.83(b)(2)(i),
                                                   262.84(e), 262.87(a),
                                                   262.87(a)(5)
                                                   introductory
                                                   paragraph,
                                                   264.1(g)(2), 264.4,
                                                   264.13(b)(7)(iii)(B),
                                                   264.17(b)
                                                   introductory
                                                   paragraph,
                                                   264.18(a)(2)(iii),
                                                   264.18(b)(2)(iii),
                                                   264.97(a)(1)
                                                   introductory
                                                   paragraph,
                                                   264.97(a)(1)(i),
                                                   264.97(i)(5),
                                                   264.98(a)(2),
                                                   264.98(g)(4)(i),
                                                   264.99(h)(2)
                                                   introductory text,
                                                   264.101(d),
                                                   264.111(c),
                                                   264.112(b)(8),
                                                   264.115, 264.116,
                                                   264.118(c),
                                                   264.119(b)(1)(ii),
                                                   264.140(d)(1),
                                                   264.142(b)(2),
                                                   264.143(b)(7) and
                                                   (b)(8),
                                                   264.143(e)(5),
                                                   264.145(a)(3)(i),
                                                   264.145(d)(6),
                                                   264.145(f)(11)
                                                   introductory
                                                   paragraph,
                                                   264.147(h)(1),
                                                   264.151(b),
                                                   264.151(f)
                                                   introductory
                                                   paragraph,
                                                   264.151(g), Letter
                                                   From Chief Financial
                                                   Officer, fifth
                                                   paragraph, item 3,
                                                   Part A, Alternative
                                                   I, item *3, Part B,
                                                   Alternative I, items
                                                   10 and 15, and Part
                                                   B, Alternative II,
                                                   item *7,
                                                   264.151(h)(2)
                                                   Guarantee For
                                                   Liability Coverage,
                                                   Certification of
                                                   Valid Claim Recitals,
                                                   item 13.(a), and
                                                   Recitals, item 14,
                                                   264.151(i), item
                                                   2.(e), 264.151(j),
                                                   item 2.(d),
                                                   264.151(k),
                                                   Irrevocable Standby
                                                   Letter of Credit and
                                                   CERTIFICATE OF VALID
                                                   CLAIM, 264.151(1),
                                                   264.151(1),
                                                   CERTIFICATION OF
                                                   VALID CLAIM,
                                                   264.151(m)(1),
                                                   CERTIFICATION OF
                                                   VALID CLAIM, Section
                                                   8.(c), 264.151(n)(1),
                                                   under STANDBY TRUST
                                                   AGREEMENT Section
                                                   3.(c)(1), Section
                                                   3.(e)(3), and
                                                   Sections 12 and 16,
                                                   264.175(b)(1),264.193
                                                   (c)(4) Note, (d)(4),
                                                   (e)(2)(ii) and (iii),
                                                   (e)(2)(v)(A) and (B),
                                                   (e)(3)(i) and (ii),
                                                   (g)(1)(iii) and (iv),
                                                   and (g)(2)(i)(A),
                                                   264.221(c)(1)(i)(B),
                                                   (c)(2)(ii), (e)(1),
                                                   and (e)(2)(i)(B) and
                                                   (C), 264.223(b)(1),
                                                   264.226(a)(2),
                                                   264.251(a)(2)(i)(A),

                                                   264.252(a) and (b),
                                                   264.259(b),
                                                   264.280(c)(7) and (d)
                                                   introductory
                                                   paragraph,
                                                   264.283(a),
                                                   264.301(c)(2),
                                                   264.301(e)(2)(i)(B),
                                                   264.302(a), (b) and
                                                   (b)(1),
                                                   264.314(e)(2),
                                                   264.317(a)
                                                   introductory
                                                   paragraph,
                                                   264.344(b),
                                                   264.552(e)(4)(iii),
                                                   (e)(4)(iv)(F), and
                                                   (e)(6)(iii)(E),
                                                   264.553(e)
                                                   introductory
                                                   paragraph, 264.554(a)
                                                   introductory
                                                   paragraph,
                                                   264.555(e)(6),
                                                   264.573(a)(1),
                                                   (a)(4)(i), (a)(5),
                                                   (b) introductory
                                                   paragraph, and (m)(2)
                                                   and (m)(3), 264.600,
                                                   264.601(a)
                                                   introductory
                                                   paragraph, (b)(11),
                                                   and (c)(4),
                                                   264.1030(c),
                                                   264.1033(f)(2)(vii)(B
                                                   ), 264.1034(b)(2),
                                                   264.1035(c)(4)(i) and
                                                   (ii), 264.1050(f),
                                                   264.1058(c)(1),
                                                   264.1064(c)(3),
                                                   264.1080(a) and (c),
                                                   264.1090(c),
                                                   264.1101(b)(3)(iii),(
                                                   c)(3) introductory
                                                   paragraph, (c)(3)(i),
                                                   and (d) introductory
                                                   paragraph,
                                                   264.1102(a), Part
                                                   264, Appendix I/Table
                                                   1, Part 264, Appendix
                                                   I/Table 2, Section
                                                   2.(d),
                                                   265.1(c)(4)(i),
                                                   265.1(c)(6),
                                                   265.12(a)(1),
                                                   265.14(b)(1),
                                                   265.16(b),
                                                   265.19(c)(2),
                                                   265.56(b), 265.90(d)
                                                   introductory
                                                   paragraph,
                                                   265.110(b)(4),
                                                   265.111(c),
                                                   265.112(b)(5),
                                                   265.112(d)(4),
                                                   265.113(b)
                                                   introductory
                                                   paragraph,
                                                   265.113(e)(4),
                                                   265.117(b)
                                                   introductory
                                                   paragraph,
                                                   265.119(b)(1)(ii),
                                                   265.140(b)
                                                   introductory
                                                   paragraph and (b)(2),
                                                   265.142(a),
                                                   265.145(e)(11),
                                                   265.147(a)(1)(i) and
                                                   (b)(1)(i) and (ii),
                                                   265.174,
                                                   265.193(e)(2)(v)(A)
                                                   and (B) and (i)(2),
                                                   265.194(b)(1) and
                                                   (2), 265.197(b),
                                                   265.201(c)
                                                   introductory
                                                   paragraph, 265.221(a)
                                                   and(d)(2)(i)(A) and
                                                   (B), 265.224(b)(1),
                                                   265.228(a)(2)(iii)(D)
                                                   and(b)(2),
                                                   265.229(b)(2) and
                                                   (b)(3), 265.255(b),
                                                   265.259(b)(1),
                                                   265.280(a)(4),
                                                   265.281(a)(1),
                                                   265.301(a), (d)(1),
                                                   and (d)(2)(i)(B),
                                                   265.302(b),
                                                   265.303(b)(1),
                                                   265.312(a)(1),
                                                   265.314(e)(1)(ii)
                                                   and(f)(2), 265.316
                                                   introductory
                                                   paragraph, (c) and
                                                   (d), 265.405(a)(1),
                                                   265.441(c),
                                                   265.443(a)(4)(i) and
                                                   (b) introductory
                                                   paragraph,
                                                   265.445(b),
                                                   265.1033(f)(2)(ii),
                                                   265.1035(b)(2)
                                                   introductory
                                                   paragraph, (b)(2)(i),
                                                   and
                                                   265.1035(c)(4)(i),
                                                   265.1063(b)(4)(ii),
                                                   265.1080(a),
                                                   265.1085(h)(3)
                                                   introductory
                                                   paragraph,
                                                   265.1087(b),
                                                   265.1090(f)(1),
                                                   265.1100(d),
                                                   265.1101(b)(3)(i)(B),
                                                   (b)(3)(iii), (c)(3)
                                                   introductory
                                                   paragraph, and (d)
                                                   introductory
                                                   paragraph, Part 265,
                                                   Appendix I/Tables 1-
                                                   2, Part 265, Appendix
                                                   V/Table, Part 265,
                                                   Appendix VI,
                                                   266.70(a), 266.80(a)/
                                                   Table,
                                                   266.100(b)(2)(iv),
                                                   266.100(d)(3)(i)(A),
                                                   266.100(g)
                                                   introductory
                                                   paragraph,
                                                   266.102(a)(2)(vi),
                                                   266.102(e)(3)(i)(E),
                                                   (e)(5)(i)(C),
                                                   (e)(6)(ii)(B)(2), and
                                                   (e)(8)(iii),
                                                   266.103(a)(4)(vii),
                                                   266.103(b)(2)(v)(B)(2
                                                   ), (b)(5)(ii)(A), and
                                                   (b)(6)(viii)(A),
                                                   266.103(c)(1)(i),
                                                   (c)(1)(ii)(A)(2),
                                                   (c)(1)(ix)
                                                   introductory
                                                   paragraph,
                                                   (c)(1)(ix)(A), and
                                                   (c)(4)(iv)(C)(1),
                                                   266.103(g)(1)(i),
                                                   266.106(d)(1),
                                                   266.109(a)(2)(ii) and
                                                   (b) introductory
                                                   paragraph, Part 266,
                                                   subpart N heading,
                                                   Part 266, Appendices
                                                   III through VI, Part
                                                   266, Appendix VIII,
                                                   3(b)(2), Part 266,
                                                   Appendix XIII,
                                                   267.147(f)(2)(i)(A),
                                                   268.2(g), 268.4(a)(3)
                                                   introductory
                                                   paragraph,
                                                   268.6(c)(5)
                                                   introductory
                                                   paragraph,
                                                   268.7(a)(1),
                                                   (a)(3)(ii), (a)(4)/
                                                   Table entry 8,
                                                   (b)(3)(ii)/Table,
                                                   entry 5, (b)(4)(ii),
                                                   (c)(2), (d)
                                                   introductory
                                                   paragraph, (d)(1)
                                                   introductory
                                                   paragraph, (d)(1)(i)-
                                                   (iii), and (d)(2) and
                                                   (d)(3), 268.14(b) and
                                                   (c), 268.40(g),
                                                   268.40/Table
                                                   ``TREATMENT STANDARDS
                                                   FOR HAZARDOUS
                                                   WASTES'', 268.42/
                                                   Table 1, 268.44(c),
                                                   268.45/Table 1,
                                                   268.48/Table
                                                   ``UNIVERSAL TREATMENT
                                                   STANDARDS'',
                                                   268.49(d), 268.50(c),
                                                   268.50(g), Part 268,
                                                   Appendix VIII,
                                                   270.1(a)(2)/Table,
                                                   270.1(b) introductory
                                                   paragraph,
                                                   270.1(c)(1)(iii),
                                                   270.1(c)(3)(i)
                                                   introductory
                                                   paragraph, 270.2 ``On-
                                                   site'' and ``Publicly
                                                   owned treatment works
                                                   (POTW)'', 270.10(j),
                                                   270.11(d)(1) and (2),
                                                   270.13(k)(7),
                                                   270.14(a),
                                                   (b)(11)(ii)(B),
                                                   (b)(19)(iii), and
                                                   (b)(21), 270.17(f),
                                                   270.18(b) and (g),
                                                   270.20(i)(2),
                                                   270.26(c)(15),
                                                   270.33(b)
                                                   introductory
                                                   paragraph, 270.41(c),
                                                   270.42(d)(2)(i),
                                                   270.42, Appendix I,
                                                   270.70(a)
                                                   introductory
                                                   paragraph,
                                                   270.72(b)(2), 273.9
                                                   ``Universal waste'',
                                                   273.13(b)
                                                   introductory
                                                   paragraph, 273.14(a),
                                                   273.34(a), 279.1
                                                   ``Petroleum refining
                                                   facility'',
                                                   279.10(b)(2)
                                                   introductory
                                                   paragraph, 279.11,
                                                   279.11/Table 1,
                                                   279.43(c)(3)(i) and
                                                   (c)(5), 279.44(a) and
                                                   (c)(2), 279.45(a),
                                                   279.52(a) and (b),
                                                   (b)(1)(ii) and
                                                   (b)(6)(ii) and (iii),
                                                   279.55(a)
                                                   introductory
                                                   paragraph, and
                                                   (b)(2)(i)(B),
                                                   279.56(a)(2),
                                                   279.57(a)(2)(ii),
                                                   279.59, 279.63(b)(3),
                                                   279.64(e), and
                                                   279.70(b)(1), as
                                                   amended September 25,
                                                   2015, effective on
                                                   October 18, 2015.
4. Hazardous Waste Technical  77 FR 22229-22232   Arkansas Code of 1987
 Corrections and               April 13, 2012.     Annotated (A.C.A.)
 Clarification Rule.                               Sections 8-7-201
 (Checklist 228).                                  through 8-7-226.
                                                   Arkansas Pollution
                                                   Control and Ecology
                                                   (APC&E) Regulation
                                                   Number 23, (Hazardous
                                                   Waste Management)
                                                   (HWM) Sections
                                                   261.32(a), entry for
                                                   K107, and 266.20(b),
                                                   as amended September
                                                   25, 2015, effective
                                                   on October 18, 2015.
5. Conditional Exclusions     78 FR 46448-46485   Arkansas Code of 1987
 for Solvent Contaminated      July 31, 2013.      Annotated (A.C.A.)
 Wipes. (Checklist 229).                           Sections 8-7-201
                                                   through 8-7-226.
                                                   Arkansas Pollution
                                                   Control and Ecology
                                                   (APC&E) Regulation
                                                   Number 23, (Hazardous
                                                   Waste Management)
                                                   (HWM) Sections 260.10
                                                   ``No free liquids'',
                                                   260.10 ``Solvent-
                                                   contaminated wipe'',
                                                   260.10 ``Wipe'',
                                                   261.4(a)(26), and
                                                   261.4(b)(18), as
                                                   amended September 25,
                                                   2015, effective on
                                                   October 18, 2015.

6. Conditional Exclusion for  79 FR 350-364       Arkansas Code of 1987
 Carbon Dioxide (CO2)          January 3, 2014.    Annotated (A.C.A.)
 Streams in Geologic                               Sections 8-7-201
 Sequestration Activities.                         through 8-7-226.
 (Checklist 230).                                  Arkansas Pollution
                                                   Control and Ecology
                                                   (APC&E) Regulation
                                                   Number 23, (Hazardous
                                                   Waste Management)
                                                   (HWM) Sections 260.10
                                                   ``Carbon dioxide
                                                   stream'', and
                                                   261.4(h), as amended
                                                   September 25, 2015,
                                                   effective on October
                                                   18, 2015.
7. Hazardous Waste            79 FR 7518-7563     Arkansas Code of 1987
 Electronic Manifest Rule.     February 7, 2014.   Annotated (A.C.A.)
 (Checklist 231).                                  Sections 8-7-201
                                                   through 8-7-226.
                                                   Arkansas Pollution
                                                   Control and Ecology
                                                   (APC&E) Regulation
                                                   Number 23, (Hazardous
                                                   Waste Management)
                                                   (HWM) Sections 260.2,
                                                   260.10 ``Electronic
                                                   manifest (or e-
                                                   manifest)'',
                                                   ``Electronic manifest
                                                   system (or e-manifest
                                                   system)'',
                                                   ``Manifest'', ``User
                                                   of the electronic
                                                   manifest system'',
                                                   262.20(a)(3), 262.24,
                                                   262.25, 263.20(a),
                                                   263.25(a),
                                                   264.71(a)(2),
                                                   264.71(g)-(l),
                                                   265.71(a)(2),
                                                   265.71(g)-(l), as
                                                   amended September 25,
                                                   2015, effective on
                                                   October 18, 2015.
                                                   (See Section I.
                                                   Electronic Manifest
                                                   provisions that are
                                                   non-delegable to
                                                   States.)
8. Revisions to the Export    79 FR 36220-36231   Arkansas Code of 1987
 Provisions of the Cathode     June 26, 2014.      Annotated (A.C.A.)
 Ray Tube (CRT) Rule.                              Sections 8-7-201
 (Checklist 232).                                  through 8-7-226.
                                                   Arkansas Pollution
                                                   Control and Ecology
                                                   (APC&E) Regulation
                                                   Number 23, (Hazardous
                                                   Waste Management)
                                                   (HWM) Sections 260.10
                                                   ``CRT exporter'',
                                                   261.39(a)(5)(i)(F),
                                                   and (a)(5)(x) and
                                                   (xi), and 261.41(a)
                                                   and (b), as amended
                                                   September 25, 2015,
                                                   effective on October
                                                   18, 2015.
------------------------------------------------------------------------
\1\ More stringent provisions.

VIII. Where are the revised State rules different from the Federal
rules?

    The State of Arkansas regulations that are more stringent than the
Federal regulations are documented in the above chart. For enforcement
purposes, the EPA does not enforce broader in scope provisions.

IX. Electronic manifest provisions that are non-delegable to States.

    The Federal Hazardous Waste Electronic Manifest Rule (79 FR 7518;
February 7, 2014) contains several provisions which are non-delegable
to States. Specifically, States cannot receive authorization to
establish a Federal user under the electronic manifest requirements,
nor can States receive authorization for the electronic signature
requirements, resulting in the States' inability to implement the
provisions listed below. However, EPA strongly recommends States adopt
these provisions while retaining the EPA rule language unchanged;
Arkansas has adopted the Electronic Manifest Rule using this approach.
The non-delegable provisions and provisions where States must retain
references to ``EPA'' are: 40 CFR 260.10 ``electronic manifest'',
``electronic manifest system'', ``use of the electronic manifest
system''; 262.24(g); 262.25; 263.20(a)(2); 262.20(a)(3)(ii);
263.20(a)(8); 264.71(a)(2)(v); 264.71(j); 265.71(a)(2)(v); and
265.71(j).

X. Who handles permits after the authorization takes effect?

    The State of Arkansas will issue permits for all the provisions for
which it is authorized and will administer the permits it issues. The
EPA will continue to administer any RCRA hazardous waste permits or
portions of permits which we issued prior to the effective date of this
authorization. EPA will not issue any more new permits or new portions
of permits for the provisions listed in the chart in this document
after the effective date of this authorization. The EPA will continue
to implement and issue permits for HSWA requirements for which ADEQ is
not yet authorized.

XI. How does this action affect Indian Country (18 U.S.C. 1151) in
Arkansas?

    The State of Arkansas Hazardous Program is not being authorized to
operate in Indian Country.

XII. What is codification and is the EPA codifying Arkansas' hazardous
waste program as authorized in this rule?

    Codification is the process of placing the State's statutes and
regulations that comprise the State's authorized hazardous waste
program into the CFR. We do this by referencing the authorized State
rules in 40 CFR part 272. We reserve the amendment of 40 CFR part 272,
subpart E for this authorization of Arkansas' program changes until a
later date. In this authorization application the EPA is not codifying
the rules documented in this Federal Register document.

XIII. Administrative Requirements

    The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993), and therefore this action is not subject to review by OMB. The
reference to Executive Order 13563 (73 FR 3821, January 21, 2011) is
also exempt from review under Executive orders 12866 (56 FR 51735,
October 4, 1993). This action authorizes State requirements for the
purpose of RCRA 3006 and imposes no additional requirements beyond
those imposed by State law. Accordingly, I certify that this action
will not have a significant economic impact on a substantial number of
small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.). Because this action authorizes preexisting requirements under
State law and does not impose any additional enforceable duty beyond
that required by State law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). For the same
reason, this action also does not significantly or uniquely affect the
communities of Tribal governments, as specified by Executive Order
13175 (65 FR 67249, November 9, 2000). This action will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as

specified in Executive Order 13132 (64 FR 43255, August 10, 1999),
because it merely authorizes State requirements as part of the State
RCRA hazardous waste program without altering the relationship or the
distribution of power and responsibilities established by RCRA. This
action also is not subject to Executive Order 13045 (62 FR 19885, April
23, 1997), because it is not economically significant and it does not
make decisions based on environmental health or safety risks. This rule
is not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001) because it is not a significant
regulatory action under Executive Order 12866.
    Under RCRA 3006(b), the EPA grants a State's application for
authorization as long as the State meets the criteria required by RCRA.
It would thus be inconsistent with applicable law for the EPA, when it
reviews a State authorization application; to require the use of any
particular voluntary consensus standard in place of another standard
that otherwise satisfies the requirements of RCRA. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996),
in issuing this rule, the EPA has taken the necessary steps to
eliminate drafting errors and ambiguity, minimize potential litigation,
and provide a clear legal standard for affected conduct. The EPA has
complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by
examining the takings implications of the rule in accordance with the
``Attorney General's Supplemental Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated Takings'' issued under the Executive
Order. This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.). Executive Order 12898 (59 FR 7629, Feb. 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States. Because this rule authorizes pre-
existing State rules which are at least equivalent to, and no less
stringent than existing federal requirements, and imposes no additional
requirements beyond those imposed by State law, and there are no
anticipated significant adverse human health or environmental effects,
the rule is not subject to Executive Order 12898.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this document
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 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). This
action will be effective October 11, 2016.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements.

    Authority:  This action is issued under the authority of
sections 2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act
as amended 42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: July 14, 2016.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2016-18433 Filed 8-10-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 200 (Friday, October 16, 2015)]
[Notices]
[Pages 62591-62592]
[FR Doc No: 2015-26327]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76123; File No. SR-NASDAQ-2015-096]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Order
Approving Proposed Rule Change To Adopt a Kill Switch for NOM

October 9, 2015.

I. Introduction

    On August 7, 2015, The NASDAQ Stock Market LLC filed with the
Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\
and Rule 19b-4 thereunder,\2\ a proposed rule change to adopt a risk
protection functionality referred to as a kill switch that will be
available to all Participants of the NASDAQ Options Market
(``Exchange'' or ``NOM''). The proposed rule change was published for
comment in the Federal Register on August 26, 2015.\3\ The Commission
received no comment letters on the proposed rule change. This order
approves the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 75743 (August 26,
2015), 80 FR 51850 (``Notice'').
---------------------------------------------------------------------------

II. Description of the Proposed Rule Change

    The Exchange proposes to offer to all its members a new optional
risk protection functionality for options to

help members control their quote and order activity on NOM.\4\ Referred
to as a ``Kill Switch,'' the functionality will allow NOM Participants
to remove quotes and cancel open orders, and will prevent the
submission of new quotes and orders until the Exchange re-enables
access to the NOM System for the Participant.\5\
---------------------------------------------------------------------------

    \4\ See id.
    \5\ Orders submitted by NOM Market Makers over Ouch to Trade
Options (``OTTO'') interface will be treated as quotes for purposes
of this rule. See Notice, supra note 3, at 51850.
---------------------------------------------------------------------------

    To use the Kill Switch, a Participant will send a message \6\ to
the NOM System to: (i) Promptly remove quotes; and/or (ii) promptly
cancel orders for certain specified Identifiers (e.g., a particular
Exchange account, port, or badge or mnemonic, or for a group of
Identifiers).\7\ The Exchange's proposal does not allow Participants to
remove quotes or cancel orders by symbol. The NOM System will send an
automated message to the Participant when it has processed a Kill
Switch request.
---------------------------------------------------------------------------

    \6\ NOM Participants will be able to utilize an interface to
send a message to the Exchange to initiate the Kill Switch, or they
may contact the Exchange directly. See Notice, supra note 3, at note
3.
    \7\ Permissible groups could be formed only within a single
broker-dealer. For example, a group could include, but would not be
limited to, all market maker accounts or all order entry ports. See
Notice, supra note 3, at 51850.
---------------------------------------------------------------------------

    The NOM Participant will be unable to enter any new quotes or
orders using the affected Identifier(s) until the Participant makes a
verbal request to the Exchange and Exchange staff enables re-entry.
Once enabled for re-entry, the Exchange will send a message to the
Participant and, if it requests to receive such notifications, to the
Participant's clearing firm as well.

III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities exchange,\8\
and, in particular, the requirements of Section 6 of the Act.\9\ In
particular, the Commission finds that the proposed rule change is
consistent with Section 6(b)(5) of the Act,\10\ which requires, among
other things, that the rules of a national securities exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in facilitating transactions in
securities, 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 and that the rules are not
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------

    \8\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \9\ 15 U.S.C. 78f.
    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    According to the Exchange, the proposed rule change is designed to
protect Participants in the event that the Participant encounters a
situation, like a systems issue, for which they would like to withdraw
temporarily from the market.\11\ The Exchange further notes that the
proposed Kill Switch is designed to increase systemic protections and,
in so doing, should encourage liquidity generally while removing
impediments to market participation.\12\ To the extent that the
Exchange's proposal provides member firms with greater control over
their quotes and orders, and allows firms to remove quotes and cancel
orders in an appropriate manner, then the proposal may encourage firms
to provide liquidity on NOM and thus contribute to fair and orderly
markets in a manner that protects the public interest, protects
investors, and is not designed to permit unfair discrimination.
---------------------------------------------------------------------------

    \11\ See Notice, supra note 3, at 51851.
    \12\ See id.
---------------------------------------------------------------------------

    Further, the Commission agrees that it would be appropriate to
notify a Participant's clearing member, at the clearing member's
request, once a Participant's selected Identifiers are re-enabled
following the Participant's use of the Kill Switch. Because the
clearing member accepts financial responsibility for clearing the
Participant's trades, notifying the applicable clearing member of a
Participant's re-enabled Identifiers following use of the Kill Switch
may be appropriate and help the clearing member manage the risk
associated with the Participant's trading activity.
    The Commission notes that the Exchange represented in its proposal
that the Kill Switch will operate consistently with a broker-dealer's
firm quote obligations pursuant to Rule 602 of Regulation NMS,\13\ and
that the proposal does not diminish a market-maker's obligation to
provide continuous two-sided quotes on a daily basis under NOM
rules.\14\ Specifically, the Exchange represents that ``any interest
that is executable against a NOM Participant's quotes and orders that
are received by the Exchange prior to the time the Kill Switch is
processed by the System will automatically execute at the price up to
the NOM Participant's size.'' \15\ In that respect, the Exchange
further represented that ``[t]he Kill Switch message will be accepted
by the System in the order of receipt in the queue and will be
processed in that order so that interest that is already accepted into
the System will be processed prior to the Kill Switch message.'' \16\
Based on these representations, the Commission believes that the
proposal is designed to promote just and equitable principles of trade
and perfect the mechanism of a free and open market.
---------------------------------------------------------------------------

    \13\ See id.
    \14\ See id.
    \15\ Id.
    \16\ Id.
---------------------------------------------------------------------------

    Accordingly, the Commission finds that the Exchange's proposal is
consistent with the Act, including Section 6(b)(5) thereof, in that it
is designed to promote just and equitable principles of trade, foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, protect investors and the public interest.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\17\ that the proposed rule change (SR-NASDAQ-2015-096) be, and
hereby is, approved.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(2).
    \18\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
Robert W. Errett,
Deputy Secretary.
 [FR Doc. 2015-26327 Filed 10-15-15; 8:45 am]
 BILLING CODE 8011-01-P