involvement of all people regardless of race, color, national origin,
or income with respect to the development, implementation, and
enforcement of environmental laws, regulations, and policies. To
promote meaningful involvement, EPA has developed a communication and
outreach strategy to ensure that interested communities have access to
this proposed rule, are aware of its content, and have an opportunity
to comment during the comment period. During the comment period, EPA
will publicize the rulemaking via EJ newsletters, Tribal newsletters,
EJ list servers, and the Internet, including EPA's Office of Policy
Rulemaking Gateway Web site (http://yosemite.epa.gov/opei/RuleGate.nsf/
). EPA will also provide general rulemaking fact sheets (e.g., why is
this important for my community) for EJ community groups and conduct
conference calls with interested communities. In addition, State and
Federal permitting requirements will provide State and local
governments and members of affected communities the opportunity to
provide comments on the permit conditions associated with permitting
the sources affected by this rulemaking.

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous
substances, Incorporation by reference, Reporting and recordkeeping
requirements.

    Dated: March 3, 2011.
Lisa P. Jackson,
Administrator.

    For the reasons set out in the preamble, title 40, chapter I of the
Code of Federal Regulations is proposed to be amended as follows:

PART 63--[Amended]

    1. The authority citation for part 63 continues to read as follows:

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

[OPTION 1 FOR SUBPART IIIII--AMENDED]

Subpart IIIII--[Amended]

    2. Section 63.8184 is amended by revising paragraphs (a) and (c) to
read as follows:

Sec.  63.8184  What parts of my plant does this subpart cover?

    (a) This subpart applies to two types of affected sources at a
mercury cell chlor-alkali plant: the mercury cell chlor-alkali
production facility, as defined in paragraph (a)(1) of this section and
Sec.  63.8266; and the mercury recovery facility, as defined in
paragraph (a)(2) of this section and Sec.  63.8266.
    (1) The mercury cell chlor-alkali production facility affected
source consists of all cell rooms and ancillary operations used in the
manufacture of product chlorine, product caustic, and by-product
hydrogen at a mercury cell chlor-alkali plant. This subpart covers
mercury emissions from by-product hydrogen streams, end box ventilation
system vents, and fugitive emission sources associated with cell rooms,
hydrogen systems, caustic systems, and storage areas for mercury-
containing wastes.
    (2) The mercury recovery facility affected source consists of all
processes and associated operations needed for mercury recovery of
wastes generated from a mercury cell chlor-alkali plant. This subpart
covers mercury emissions from mercury thermal recovery unit vents and
fugitive emission sources associated with storage areas for mercury-
containing wastes.
* * * * *
    (c) A mercury recovery facility is a new affected source if you
commence construction or reconstruction of the affected source after
the dates specified in Sec.  63.8186(c) and (d). An affected source is
reconstructed if it meets the definition of a reconstruction in Sec.
63.2.
    3. Section 63.8186 is revised to read as follows:

Sec.  63.8186  When do I have to comply with this subpart?

    (a) Compliance date for the emission limitations in Sec.
63.8190(a)(2), the work practices in Sec.  63.8192, and all the
associated requirements for existing mercury cell chlor-alkali
production facility and mercury recovery facility affected sources. If
you have an existing mercury cell chlor-alkali production facility or
mercury recovery facility affected source, you must comply with the
applicable emission limitations in Sec.  63.8190(a)(2), work practices
in Sec.  63.8192, and all the associated requirements no later than
December 19, 2006.
    (b) Compliance date for emission limitation in Sec.  63.8190(b) and
all the associated requirements for existing mercury cell chlor-alkali
production facility and mercury recovery facility affected sources. If
you have an existing mercury cell chlor-alkali production facility or
mercury recovery facility affected source, you must comply with Sec.
63.8190(b) by three years after the date that the final rule is
published in the Federal Register. Prior to compliance with Sec.
63.8190(b), you must comply with the applicable emission limitations in
Sec.  63.8190(a)(2), work practices in Sec.  63.8192, and all the
associated requirements. After you have demonstrated compliance with
Sec.  63.8190(b) and have submitted the certification of compliance in
accordance with Sec.  63.8252(f), you are only subject to Sec.
63.8246(d) of this subpart.
    (c) Compliance date for the emission limitations in Sec.
63.8190(a)(3), the work practices in Sec.  63.8192, and all the
associated requirements for new or reconstructed mercury recovery
facility affected sources. If you commenced construction or
reconstruction of your mercury recovery facility after July 3, 2002,
and before March 14, 2011, you must comply with the applicable emission
limitation in Sec.  63.8190(a)(3), work practices in Sec.  63.8192, and
all the associated requirements by either December 19, 2003, or upon
initial startup, whichever is later.
    (d) Compliance date for the emission limitation under Sec.
63.8190(b) and all the associated requirements for new or reconstructed
mercury recovery facility affected sources.
    (1) If you commenced construction or reconstruction of your mercury
recovery facility after July 3, 2002, and before

March 14, 2011, you must comply with the emission limitation in Sec.
63.8190(b) and all the associated requirements by three years after the
date that the final rule is published in the Federal Register. Prior to
compliance with Sec.  63.8190(b), you must comply with the applicable
emission limitation in Sec.  63.8190(a)(3), work practices in Sec.
63.8192, and all the associated requirements. After you have
demonstrated compliance with Sec.  63.8190(b) and have submitted the
certification of compliance in accordance with Sec.  63.8252(f), you
are only subject to Sec.  63.8246(d) of this subpart.
    (2) If you commenced construction or reconstruction of your mercury
recovery facility after March 14, 2011, you must comply with the
emission limitation in Sec.  63.8190(b) and all the associated
requirements by the date that the final rule is published in the
Federal Register, or upon initial startup, whichever is later.
    4. Section 63.8190 is amended as follows:
    a. Revising paragraph (a)(2) introductory text;
    b. Revising paragraph (a)(3) introductory text; and
    c. Adding paragraph (b).
    The revisions read as follows:

Sec.  63.8190  What emission limitations must I meet?

    (a) * * *
    (2) Emission limits which apply to existing mercury cell chlor-
alkali production facilities prior to achieving compliance with Sec.
63.8190(b). During any consecutive 52-week period, you must not
discharge to the atmosphere total mercury emissions in excess of the
applicable limit in paragraph (a)(2)(i) or (ii) of this section
calculated using the procedures in Sec.  63.8243(a).
* * * * *
    (3) Emission limits which apply to existing mercury recovery
facilities and to new or reconstructed mercury recovery facilities that
commenced construction or reconstruction after July 3, 2002, and before
March 14, 2011 prior to achieving compliance with paragraph (b) of this
section. You must not discharge to the atmosphere mercury emissions in
excess of the applicable limit in paragraph (a)(3)(i) or (ii) of this
section.
* * * * *
    (b) Emission limit which applies to each mercury cell chlor-alkali
production facility and each mercury recovery facility after the
applicable compliance date specified in paragraph Sec.  63.8186(b) or
(d). Emissions of mercury are prohibited from each existing mercury
cell chlor-alkali production facility and from each existing, new, or
reconstructed mercury recovery facility. You must demonstrate
compliance with this prohibition in accordance with the provisions in
Sec.  63.8236(e) and Sec.  63.8246(d) and submit the certification of
compliance required by Sec.  63.8252(f).
    5. Section 63.8192 is amended as follows:
    a. Revising the introductory text;
    b. Revising paragraph (g)(2)(i); and
    c. Revising paragraph (g)(3).
    The revisions read as follows:

Sec.  63.8192  What work practice standards must I meet?

    Prior to achieving compliance with Sec.  63.8190(b), you must meet
the work practice requirements specified in paragraphs (a) through (f)
of this section. As an alternative to the requirements specified in
paragraphs (a) through (d) of this section, you may choose to comply
with paragraph (g) of this section.
* * * * *
    (g) * * *
    (2) * * *
    (i) Beginning on the compliance date specified for your affected
source in Sec.  63.8186(a), measure and record the mercury
concentration for at least 30 days using a system that meets the
requirements of paragraph (g)(1) of this section.
* * * * *
    (3) Beginning on the compliance date specified for your affected
source in Sec.  63.8186(a), you must continuously monitor the mercury
concentration in the cell room. Failure to monitor and record the data
according to Sec.  63.8256(c)(4)(ii) for 75 percent of the time in any
6-month period constitutes a deviation.
* * * * *
    6. Section 63.8230 is revised to read as follows:

Sec.  63.8230  By what date must I conduct performance tests or other
initial compliance demonstrations?

    (a) You must conduct a performance test no later than the
compliance date that is specified in Sec.  63.8186(a) for your affected
source to demonstrate initial compliance with the applicable emission
limit in Sec.  63.8190(a)(2) for by-product hydrogen streams and end
box ventilation system vents and the applicable emission limit in Sec.
63.8190(a)(3) for mercury thermal recovery unit vents.
    (b) For the applicable work practice standards in Sec.  63.8192 you
must demonstrate initial compliance within 30 calendar days after the
compliance date that is specified for your affected source in Sec.
63.8186(a).
    7. Section 63.8236 is amended by adding paragraph (e) to read as
follows:

Sec.  63.8236  How do I demonstrate initial compliance with the
emission limitations and work practice standards?

* * * * *
    (e) For each affected source, you have demonstrated initial
compliance with the emission limit in Sec.  63.8190(b) if you have
eliminated mercury emissions and you have submitted the compliance
certification required by Sec.  63.8252(f).
    8. Section 63.8243 is amended by revising paragraphs (a)
introductory text and (a)(3) introductory text to read as follows:

Sec.  63.8243  What equations and procedures must I use to demonstrate
continuous compliance?

    (a) By-product hydrogen streams and end box ventilation system
vents. For each consecutive 52-week period, you must determine the g
Hg/Mg Cl2 produced from all by-product hydrogen streams and
all end box ventilation system vents, if applicable, at a mercury cell
chlor-alkali production facility using the procedures in paragraphs
(a)(1) through (3) of this section. You must begin collecting data on
the compliance date that is specified in Sec.  63.8186(a) for your
affected source and calculate your first 52-week average mercury
emission rate at the end of the 52nd week after the compliance date.
* * * * *
    (3) Beginning 52 weeks after the compliance date specified in Sec.
63.8186(a) for your affected source, you must calculate the 52-week
average mercury emission rate from all by-product hydrogen steam and
all end box ventilation system vents, if applicable, using Equation 1
of this section as follows:
* * * * *
    9. Section 63.8246 is amended by adding paragraph (d) to read as
follows:

Sec.  63.8246  How do I demonstrate continuous compliance with the
emission limitations and work practice standards?

* * * * *
    (d) You must demonstrate continuous compliance with the emission
limitations in Sec.  63.8190(b) by operating without mercury emissions.
    10. Section 63.8252 is amended by adding paragraph (f) to read as
follows:

Sec.  63.8252  What notifications must I submit and when?

* * * * *
    (f) You must submit a compliance certification no later than 60
days after the applicable compliance date

specified in Sec.  63.8186(b) or (d). This certification must state
that you have eliminated all mercury emissions and will not use any
process in the future that will emit mercury. The certification should
also include a statement as to whether you eliminated mercury emissions
through conversion to a non-mercury process for chlorine production or
whether chlorine is no longer produced at the site.
    11. Section 63.8254 is amended as follows:
    a. Revising paragraph (a)(1);
    b. Revising paragraph (a)(2);
    The revisions read as follows:

Sec.  63.8254  What reports must I submit and when?

    (a) * * *
    (1) The first compliance report must cover the period beginning on
December 19, 2006, and ending on June 30, 2007.
    (2) The first compliance report must be postmarked or delivered no
later than July 31, 2007.
* * * * *

[OPTION 2 FOR SUBPART IIIII--AMENDED]

Subpart IIIII--[AMENDED]

    12. Section 63.8182 is amended by revising paragraph (a) to read as
follows:

Sec.  63.8182  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate a mercury
cell chlor-alkali production facility or a mercury recovery facility at
a mercury cell chlor-alkali plant.
* * * * *
    13. Section 63.8184 is amended by revising paragraph (a) to read as
follows:

Sec.  63.8184  What parts of my plant does this subpart cover?

    (a) This subpart applies to two types of affected sources at a
mercury cell chlor-alkali plant: the mercury cell chlor-alkali
production facility, as defined in Sec.  63.8266, ``What definitions
apply to this subpart,'' and the mercury recovery facility, as also
defined in Sec.  63.8266.
* * * * *
    14. Section 63.8186 is amended as follows:
    a. By revising paragraph (a); and
    b. By adding paragraph (e).

Sec.  63.8186  When do I have to comply with this subpart?

    (a) If you have an existing affected source, you must comply with
the applicable provisions no later than the dates specified in
paragraph (a)(1) and in either paragraph (a)(2) or (3) of this section.
    (1) You must comply with each emission limitation, work practice
standard, and recordkeeping and reporting requirement in this subpart
that applies to you no later than December 19, 2006, with the exception
of the requirements listed in (a)(1)(i) through (4) of this section.
    (i) Section 63.8192(h) and (i);
    (ii) Section 63.8236(e) and (f);
    (iii) Section 63.8252(f); and
    (iv) Section 63.8254(e).
    (2) If you were complying with the cell room monitoring program
provisions in Sec.  63.8192(g) on March 14, 2011 as an alternative to
the work practice standards in Sec.  63.8192(a) through (d), you must
comply with the provisions in Sec.  63.8192(h) and (i) no later than 6
months after publication of the final rule in the Federal Register. At
the time that you are in compliance with Sec.  63.8192(h) and (i), you
will no longer be subject to the provisions of Sec.  63.8192(g).
    (3) If you were complying with the work practice standards in Sec.
63.8192(a) through (d) on March 14, 2011, you must comply with the
provisions in Sec.  63.8192(h) and (i) no later than 2 years after
publication of the final rule in the Federal Register. At the time that
you are in compliance with Sec.  63.8192(h) and (i), you will no longer
be subject to the provisions of Sec.  63.8192(a) through (d).
* * * * *
    (e) If you have a mercury recovery facility at a mercury cell
chlor-alkali plant where the mercury cell chlor-alkali production
facility ceased production of product chlorine, product caustic, and
by-product hydrogen prior to the publication of the final rule in the
Federal Register, you must comply with each emission limitation, work
practice standard, and recordkeeping and reporting requirement in this
subpart that applies to your mercury recovery unit by 1 year after the
publication of the final rule in the Federal Register.
    15. Section 63.8192 is amended as follows:
    a. By revising Sec.  63.8192 introductory text; and
    b. By adding paragraphs (h) and (i).

Sec.  63.8192  What work practice standards must I meet?

    Prior to the applicable compliance date specified in Sec.
63.8186(a)(2) or (3), you must meet the work practice requirements
specified in paragraphs (a) through (f) of this section. As an
alternative to the requirements specified in paragraphs (a) through (d)
of this section, you may choose to comply with paragraph (g) of this
section. After the applicable compliance date specified in Sec.
63.8186(a)(2) or (3), you must meet the work practice requirements
specified in paragraphs (e), (f), (h), and (i) of this section.
* * * * *
    (h) You must meet the work practice standards in Tables 1 through 4
to this subpart and the associated recordkeeping requirements in Table
12 to this subpart. You must adhere to the response intervals specified
in Tables 1 through 4 to this subpart at all times. Nonadherence to the
intervals in Tables 1 through 4 to this subpart constitutes a deviation
and must be documented and reported in the compliance report, as
required by Sec.  63.8254(b), with the date and time of the deviation,
cause of the deviation, a description of the conditions, and time
actual compliance was achieved. As provided in Sec.  63.6(g), you may
request to use an alternative to the work practice standards in Tables
1 through 4 to this subpart.
    (i) In addition to the work practice standards in paragraph (h) of
this section, you must institute a cell room monitoring program to
continuously monitor the mercury vapor concentration in the upper
portion of each cell room and to take corrective actions as quickly as
possible when elevated mercury vapor levels are detected. You must
prepare and submit to the Administrator a cell room monitoring plan
containing the elements listed in Table 11 to this subpart and meet the
requirements in paragraphs (i)(1) through (4) of this section.
    (1) You must utilize a mercury monitoring system that meets the
requirements of Table 8 to this subpart.
    (2) You must establish action levels according to the requirements
in paragraphs (i)(2)(i) through (iii) of this section. You must
establish an initial action level after the compliance date specified
in Sec.  63.8186(a)(2) or (3), and you must re-establish an action
level at least once every six months thereafter.
    (i) You must measure and record the mercury concentration for at
least 14 days and no more than 30 days using a system that meets the
requirements of paragraph (i)(1) of this section. For the initial
action level, this monitoring must begin on the applicable compliance
date specified for your affected source in Sec.  63.8186(a)(2) or (3).
    (ii) Using the monitoring data collected according to paragraph
(i)(2)(i) of this section, you must establish your action level at the
90th percentile of the data set.
    (iii) You must submit your initial action level according to Sec.
63.8252(f) and subsequent action levels according to Sec.  63.8252(g).

    (3) Beginning on the compliance date specified for your affected
source in Sec.  63.8186(a)(2) or (3), you must continuously monitor the
mercury concentration in the cell room. Failure to monitor and record
the data according to Sec.  63.8256(e)(4)(iii) for 75 percent of the
time in any 6-month period constitutes a deviation.
    (4) If the average mercury concentration for any 1-hour period
exceeds the currently applicable action level established according to
paragraph (i)(2) of this section, you must meet the requirements in
either paragraph (i)(4)(i) or (ii) of this section.
    (i) If you determine that the cause of the elevated mercury
concentration is an open electrolyzer, decomposer, or other maintenance
activity, you must record the information specified in paragraphs
(i)(4)(i)(A) through (C) of this section.
    (A) A description of the maintenance activity resulting in elevated
mercury concentration;
    (B) The time the maintenance activity was initiated and completed;
and
    (C) A detailed explanation how all the applicable requirements of
Table 1 to this subpart were met during the maintenance activity.
    (ii) If you determine that the cause of the elevated mercury
concentration is not an open electrolyzer, decomposer, or other
maintenance activity, you must follow the procedures specified in
paragraphs (i)(4)(ii)(A) and (B) of this section until the mercury
concentration falls below the action level. You must also keep all the
associated records for these procedures as specified in Table 12 to
this subpart. Nonadherence to the intervals in paragraphs (i)(4)(ii)(A)
and (B) of this section constitutes a deviation and must be documented
and reported in the compliance report, as required by Sec.  63.8254(b).
    (A) Within 1 hour of the time the action level was exceeded, you
must conduct each inspection specified in Table 2 to this subpart, with
the exception of the cell room floor and the pillars and beam
inspections. You must correct any problem identified during these
inspections in accordance with the requirements in Tables 2 and 3 to
this subpart.
    (B) If the Table 2 inspections and subsequent corrective actions do
not reduce the mercury concentration below the action level, you must
inspect all decomposers, hydrogen system piping up to the hydrogen
header, and other potential locations of mercury vapor leaks using a
technique specified in Table 6 to this subpart. If a mercury vapor leak
is identified, you must take the appropriate action specified in Table
3 to this subpart.
    16. Section 63.8230 is amended by revising paragraph (b) and adding
paragraph (c) to read as follows:

Sec.  63.8230  By what date must I conduct performance tests or other
initial compliance demonstrations?

* * * * *
    (b) For the applicable work practice standards in Sec.  63.8192(a)
through (g), you must demonstrate initial compliance within 30 calendar
days after the compliance date that is specified for your affected
source in Sec.  63.8186(a)(1).
    (c) For the applicable work practice standards in Sec.  63.8192(e),
(f), (h), and (i), you must demonstrate initial compliance within 60
calendar days after the applicable compliance date that is specified
for your affected source in Sec.  63.8186(a)(2) or (3).
    17. Section 63.8236 is amended by revising paragraph (c)
introductory text and by adding paragraphs (e) and (f) to read as
follows:

Sec.  63.8236  How do I demonstrate initial compliance with the
emission limitations and work practice standards?

* * * * *
    (c) For each affected source, you have demonstrated initial
compliance with the applicable work practice standards in Sec.
63.8192(a) through (g) if you comply with paragraphs (c)(1) through (7)
of this section:
* * * * *
    (e) After the date of publication of the final rule in the Federal
Register, for each affected source, you have demonstrated initial
compliance with the applicable work practice standards in Sec.
63.8192(e), (f), (h), and (i) if you comply with paragraphs (e)(1)
through (4) of this section:
    (1) You certify in your Revised Work Practice Notification of
Compliance Status that you are operating according to the work practice
standards in Sec.  63.8192(h).
    (2) You have submitted your cell room monitoring plan as part of
your Revised Work Practice Notification of Compliance Status and you
certify in your Revised Work Practice Notification of Compliance Status
that you are operating according to the continuous cell room monitoring
program under Sec.  63.8192(i) and that you have established your
initial action level according to Sec.  63.8192(i)(2).
    (3) You have re-submitted your washdown plan as part of your
Revised Work Practice Notification of Compliance Status and you re-
certify in your Revised Work Practice Notification of Compliance Status
that you are operating according to your washdown plan.
    (4) You have re-submitted records of the mass of virgin mercury
added to cells for the 5 years preceding December 19, 2006, as part of
your Revised Work Practice Notification of Compliance Status.
    (f) You must submit the Revised Work Practice Notification of
Compliance Status containing the results of the initial compliance
demonstration according to the requirements in Sec.  63.8252(f).
    18. Section 63.8246 is amended by revising the first sentence of
paragraph (b)(1) introductory text to read as follows:

Sec.  63.8246  How do I demonstrate continuous compliance with the
emission limitations and work practice standards?

* * * * *
    (b) * * *
    (1) For each mercury thermal recovery unit vent, you must
demonstrate continuous compliance with the applicable emission limit
specified in Sec.  63.8190(a)(3) by maintaining the outlet mercury
daily-average concentration no higher than the applicable limit. * * *
* * * * *
    19. Section 63.8252 is amended by adding paragraphs (f) and (g) to
read as follows:

Sec.  63.8252  What notifications must I submit and when?

* * * * *
    (f) You must submit a Revised Work Practice Notification of
Compliance Status according to paragraphs (f)(1) and (2) of this
section.
    (1) You must submit a Revised Work Practice Notification of
Compliance Status before the close of business on the date 60 days
after the applicable compliance date in Sec.  63.8186(a)(2) or (3). The
Revised Work Practice Notification of Compliance Status must contain
the items in paragraphs (f)(1)(i) through (iii) of this section:
    (i) A certification that you are operating according to the work
practice standards in Sec.  63.8192(h).
    (ii) Your cell room monitoring plan, including your initial action
level determined in accordance with Sec.  63.8192(i)(2), and a
certification that you are operating according to the continuous cell
room monitoring program under Sec.  63.8192(i).
    (iii) Your washdown plan, and a certification that you are
operating according to your washdown plan under Sec.  63.8192(e).
    (2) Records of the mass of virgin mercury added to cells for the 5
years preceding December 19, 2006.

    (g) You must submit subsequent action levels determined in
accordance with Sec.  63.8192(i)(2), along with the supporting data
used to establish the action level, within 30 calendar days after
completion of data collection.
    20. Section 63.8254 is amended by revising paragraph (b)(7)
introductory text to read as follows:

Sec.  63.8254  What reports must I submit and when?

* * * * *
    (b) * * *
    (7) For each deviation from the requirements for work practice
standards in Tables 1 through 4 to this subpart that occurs at an
affected source (including deviations where the response intervals were
not adhered to as described in Sec.  63.8192(b)), each deviation from
the cell room monitoring program monitoring and data recording
requirements in Sec.  63.8192(i)(3), and each deviation from the
response intervals required by Sec.  63.8192(i)(4) when an action level
is exceeded, the compliance report must contain the information in
paragraphs (b)(1) through (4) of this section and the information in
paragraphs (b)(7)(i) and (ii) of this section. This includes periods of
startup, shutdown, and malfunction.
* * * * *
    21. Section 63.8256 is amended by revising paragraph (c)
introductory text and adding paragraph (e) to read as follows:

Sec.  63.8256  What records must I keep?

* * * * *
    (c) Records associated with the work practice standards that must
be kept prior to the applicable compliance date in Sec.  63.8186(a)(2)
or (3).
* * * * *
    (e) Records associated with the work practice standards that must
be kept after the applicable compliance date in Sec.  63.8186(a)(2) or
(3).
    (1) You must keep the records specified in paragraphs (e)(1)(i) and
(ii) of this section.
    (i) A weekly record certifying that you have complied with the work
practice standards in Tables 1 through 4 to this subpart. This record
must, at minimum, list each general requirement specified in paragraphs
(e)(1)(i)(A) through (D) of this section. Figure 1 to this subpart
provides an example of this record.
    (A) The design, operation, and maintenance requirements in Table 1
to this subpart,
    (B) The required inspections in Table 2 to this subpart,
    (C) The required actions for liquid mercury spills and
accumulations and hydrogen and mercury vapor leaks in Table 3 to this
subpart, and
    (D) The requirements for mercury liquid collection in Table 4 to
this subpart.
    (ii) The records specified in Table 12 to this subpart related to
mercury and hydrogen leaks.
    (2) You must maintain a copy of your current washdown plan and
records of when each washdown occurs.
    (3) You must maintain records of the mass of virgin mercury added
to cells for each reporting period.
    (4) You must keep your current cell room monitoring plan and the
records specified in paragraphs (e)(4)(i) through (vi) of this section.
    (i) Records of the monitoring conducted in accordance with Sec.
63.8192(i)(2)(i) to establish your action levels, and records
demonstrating the development of these action levels.
    (ii) During each period that you are gathering cell room monitoring
data in accordance with the requirements of Sec.  63.8192(i)(2)(i),
records specified in Table 9.
    (iii) Records of the cell room mercury concentration monitoring
data collected.
    (iv) Instances when the action level is exceeded.
    (v) Records specified in Sec.  63.8192(i)(4)(i) for maintenance
activities that cause the mercury vapor concentration to exceed the
action level.
    (vi) Records of all inspections and corrective actions taken in
response to a non-maintenance related situation in which the mercury
vapor concentration exceeds the action level as specified in Table 12
of this subpart.
    22. Section 63.8266 is amended by revising the definitions of
``Mercury cell chlor-alkali plant'' and ``Mercury recovery facility''
to read as follows:

Sec.  63.8266  What definitions apply to this subpart?

* * * * *
    Mercury cell chlor-alkali plant means all contiguous or adjoining
property that is under common control, where a mercury cell chlor-
alkali production facility and/or a mercury recovery facility is
located. A mercury cell chlor-alkali plant includes a mercury recovery
facility at a plant where the mercury cell chlor-alkali production
facility ceases production.
* * * * *
    Mercury recovery facility means an affected source consisting of
all processes and associated operations needed for mercury recovery
from wastes generated by a mercury cell chlor-alkali plant.
* * * * *
    23. The tables to subpart IIIII are amended as follows:
    a. By revising the heading to table 5;
    b. By revising the introductory text to table 9;
    c. By adding tables 11 and 12; and
    d. By adding figure 1:
* * * * *

TABLE 5 TO SUBPART IIIII OF PART 63 --REQUIRED ELEMENTS OF FLOOR-LEVEL
MERCURY VAPOR MEASUREMENT AND CELL ROOM MONITORING PLANS PRIOR TO THE
APPLICABLE COMPLIANCE DATE SPECIFIED IN Sec.  63.8186(a)(2) OR (3)

* * * * *

TABLE 9 TO SUBPART IIIII OF PART 63--REQUIRED RECORDS FOR WORK PRACTICE
STANDARDS

    As stated in Sec.  63.8256(c), you must keep the records (related
to the work practice standards) specified in the following table prior
to the applicable compliance date specified in Sec.  63.8186(a)(2) or
(3). After the applicable compliance date specified in Sec.
63.8186(a)(2) or (3), you must keep the records (related to the work
practice standards) specified in the following table during the period
when you are collecting cell room monitoring data in accordance with
Sec.  63.8192(i)(2)(i) to establish your action level:
* * * * *

TABLE 11 TO SUBPART IIIII of Part 63--REQUIRED ELEMENTS CELL ROOM
MONITORING PLANS AFTER THE APPLICABLE COMPLIANCE DATE SPECIFIED IN
Sec.  63.8186(a)(2) OR (3)

    Your Cell Room Monitoring Plan required by Sec.  63.8192(i) must
contain the elements listed in the following table:

------------------------------------------------------------------------
You must specify in your cell room
       monitoring plan * * *               Additional requirements
------------------------------------------------------------------------
1. Details of your mercury
 monitoring system.
2. How representative sampling      Include some pre-plan measurements
 will be conducted.                  to demonstrate the profile of
                                     mercury concentration in the cell
                                     room and how the selected sampling
                                     locations ensure conducted
                                     representativeness.

3. Quality assurance/quality        Include a description of how you
 control procedures for your         will keep records or other means to
 mercury monitoring system.          demonstrate that the system is
                                     operating properly.
4. Your current action level......  Include the background data used to
                                     establish your current level.
                                     Records of previous action levels
                                     must be kept for 5 years in
                                     accordance with Sec.   63.8258, but
                                     are not required to be included as
                                     part of your cell room monitoring
                                     plan.
------------------------------------------------------------------------

TABLE 12 TO SUBPART IIIII OF PART 63--REQUIRED RECORDS FOR WORK
PRACTICE STANDARDS AFTER THE APPLICABLE COMPLIANCE DATE SPECIFIED IN
Sec.  63.8186(a)(2) OR (3)

    As stated in Sec.  63.8256(e)(1), you must keep the records
(related to the work practice standards) specified in the following
table;

------------------------------------------------------------------------
                                        You must record the following
          For each * * *                      information * * *
------------------------------------------------------------------------
1. Liquid mercury spill or          a. Location of the liquid mercury
 accumulation identified during an   spill or accumulation.
 inspection required by Table 2 to
 this subpart or at any other time.
                                    b. Method you use to clean up the
                                     liquid mercury spill or
                                     accumulation.
                                    c. Date and time when you clean up
                                     the liquid mercury spill or
                                     accumulation.
                                    d. Source of the liquid mercury
                                     spill or accumulation.
                                    e. If the source of the liquid
                                     mercury spill or accumulation is
                                     not identified, the time when you
                                     inspect the area.
2. Liquid mercury leak or hydrogen  a. Location of the leak.
 leak identified during an
 inspection required by Table 2 to
 this subpart or at any other time.
                                    b. Date and time you identify the
                                     leak.
                                    c. If the leak is a liquid mercury
                                     leak, the date and time that you
                                     successfully contain the dripping
                                     liquid mercury.
                                    d. Date and time you successfully
                                     stop the leak and repair the
                                     leaking equipment.
------------------------------------------------------------------------

BILLING CODE 6560-50-P

[GRAPHIC] [TIFF OMITTED] TP14MR11.001

BILLING CODE 6560-50-C

[AMENDMENTS INDEPENDENT OF WHICH OPTION IS SELECTED]

Subpart IIIII--[AMENDED]

    24. Section 63.8226 is revised to read as follows:

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

    (a) You must be in compliance with the applicable emission
limitations in Sec.  63.8190 at all times. Prior to achieving
compliance with Sec.  63.8190(b), you must be in compliance with the
applicable work practice standards in Sec.  63.8192 at all times.
    (b) At all times you must operate and maintain any affected source,
including associated air pollution control equipment and monitoring
equipment, in a manner consistent with safety and good air pollution
control practices for minimizing emissions. The general duty to
minimize emissions does not require you to make any further efforts to
reduce emissions if levels required by this standard have been
achieved. Determination of whether such operation and maintenance
procedures are being used will be based on information available to the
Administrator which may include, but is not limited to, monitoring
results, review of operation and maintenance procedures, review of
operation and maintenance records, and inspection of the source.
    25. Section 63.8232 is amended by removing and reserving paragraph
(a) to read as follows:

Sec.  63.8232  [Amended]

    (a) [Reserved]
* * * * *
    26. Section 63.8242 is amended by revising paragraph (a)(2) to read
as follows:

Sec.  63.8242  What are the installation, operation, and maintenance
requirements for my continuous monitoring systems?

    (a) * * *
    (2) Each mercury continuous emissions monitor analyzer must have a
detector with the capability to detect a

mercury concentration of either 0.5 times the mercury concentration
level measured during the performance test conducted according to Sec.
63.8232 or 0.1 [mu]g/m\3\.
* * * * *
    27. Section 63.8246 is amended by revising paragraph (b)(1) to read
as follows:

Sec.  63.8246  How do I demonstrate continuous compliance with the
emission limitations and work practice standards?

* * * * *
    (b) * * *
    (1) For each mercury thermal recovery unit vent, you must
demonstrate continuous compliance with the applicable emission limit
specified in Sec.  63.8190(a)(3) by maintaining the outlet mercury
daily-average concentration no higher than the applicable limit. To
determine the outlet mercury concentration, you must monitor according
to paragraphs (b)(1)(i) or (ii) of this section.
* * * * *
    28. Section 63.8248 is amended as follows:
    a. Revising paragraph (a)(1);
    b. Revising paragraph (a)(2); and
    c. Removing and reserving paragraph (b).
    The revisions read as follows:

Sec.  63.8248  What other requirements must I meet?

    (a) * * *
    (1) You must report each instance in which you did not meet each
emission limitation in Sec.  63.8190 that applies to you.
    (2) You must report each instance in which you did not meet each
work practice standard in Sec.  63.8192 that applies to you
* * * * *
    (b) [Reserved]
    29. Section 63.8254 is amended as follows:
    c. Removing and reserving paragraph (b)(4);
    d. Revising paragraph (b)(7) introductory text;
    e. Revising paragraph (b)(8) introductory text;
    f. Revising paragraph (b)(8)(iv);
    g. Revising paragraph (b)(8)(vi);
    h. Revising paragraph (b)(9) introductory text;
    i. Revising paragraph (b)(9)(ii);
    j. Revising paragraph (b)(9)(vi); and
    k. Removing and reserving paragraph (c).
    The revisions read as follows:

Sec.  63.8254  What reports must I submit and when?

* * * * *
    (b) * * *
    (4) [Reserved]
* * * * *
    (7) For each deviation from the requirements for work practice
standards in Tables 1 through 4 to this subpart that occurs at an
affected source (including deviations where the response intervals were
not adhered to as described in Sec.  63.8192(b)), the compliance report
must contain the information in paragraphs (b)(1) through (4) of this
section and the information in paragraphs (b)(7)(i) and (ii) of this
section.
* * * * *
    (8) For each deviation from an emission limitation occurring at an
affected source where you are using a mercury continuous emission
monitor, according to the site-specific monitoring plan required in
Sec.  63.8242(a)(3), to comply with the emission limitation in this
subpart, you must include the information in paragraphs (b)(1) through
(4) of this section and the information in paragraphs (b)(8)(i) through
(xii) of this section.
* * * * *
    (iv) The date and time that each deviation started and stopped.
* * * * *
    (vi) A breakdown of the total duration of the deviations during the
reporting period including those that are due to control equipment
problems, process problems, other known causes, and other unknown
causes.
* * * * *
    (9) For each deviation from an operation and maintenance standard
occurring at an affected source where you are using the periodic
monitoring option specified in Sec.  63.8240(b) and your final control
device is not a nonregenerable carbon adsorber, the compliance report
must include the information in paragraphs (b)(1) through (4) of this
section and the information in paragraphs (b)(9)(i) through (x) of this
section.
* * * * *
    (ii) Information on the number, duration, and cause of deviations
(including unknown cause, if applicable), as applicable, and the
corrective action taken.
* * * * *
    (vi) A breakdown of the total duration of the deviations during the
reporting period including those that are due to process problems,
other known causes, and other unknown causes.
* * * * *
    (c) [Reserved]
* * * * *
    30. Section 63.8256 is amended by removing and reserving paragraph
(a)(2) to read as follows:

Sec.  63.8256  What records must I keep?

    (a) * * *
    (2) [Reserved]
* * * * *
    31. Section 63.8266 is amended by revising the definitions of
``Deviation;'' and ``Mercury cell chlor-alkali plant'' to read as
follows:

Sec.  63.8266  What definitions apply to this subpart?

* * * * *
    Deviation means any instance in which an affected source subject to
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this
subpart including, but not limited to, any emission limitation
(including any operating limit) or work practice standard;
    (2) Fails to meet any term or condition that is adopted to
implement an applicable requirement in this subpart and that is
included in the title V operating permit for any affected source
required to obtain such a permit; or
    (3) Fails to take corrective actions within 48 hours that result in
parameter monitoring values being within range.
* * * * *
    Mercury cell chlor-alkali plant means all contiguous or adjoining
property that is under common control, where a mercury cell chlor-
alkali production facility and/or a mercury recovery facility is
located. A property where only a mercury recovery facility is operating
is considered a mercury cell chlor-alkali plant if a mercury cell
chlor-alkali production facility had operated on that property at any
time in the past.
* * * * *
    32. Table 10 to subpart IIIII of part 63 is revised to read as
follows:

           Table 10 to Subpart IIIII of Part 63--Applicability of General Provisions to Subpart IIIII
 [As stated in Sec.   63.8262, you must comply with the applicable General Provisions requirements according to
                                              the following table]
----------------------------------------------------------------------------------------------------------------
                                                                    Applies to Subpart
              Citation                         Subject                     IIIII                Explanation
----------------------------------------------------------------------------------------------------------------
Sec.   63.1........................  Applicability..............  Yes...................
Sec.   63.2........................  Definitions................  Yes...................
Sec.   63.3........................  Units and Abbreviations....  Yes...................
Sec.   63.4........................  Prohibited Activities......  Yes...................
Sec.   63.5........................  Construction/Reconstruction  Yes...................
Sec.   63.6(a)-(g), (i), (j),        Compliance with Standards    Yes...................
 except for (e)(1)(i) and (ii),       and Maintenance
 (e)(3), and (f)(1).                  Requirements.
Sec.   63.6(e)(1)(i) and (ii),       SSM Requirements...........  No....................
 (e)(3), and (f)(1).
Sec.   63.6(h).....................  Compliance with Opacity and  No....................  Subpart IIIII does not
                                      Visible Emission Standards.                          have opacity and
                                                                                visible emission
                                                                                standards.
Sec.   63.7(a)(1), (b)-(h), except   Performance Testing          Yes...................  Subpart IIIII
 (e)(1).                              Requirements.                                        specifies additional
                                                                                requirements related
                                                                                to site-specific test
                                                                                plans and the conduct
                                                                                of performance tests.
Sec.   63.7(e)(1)..................  Performance Testing          No....................
                                      Requirements Related to
                                      SSM.
Sec.   63.7(a)(2)..................  Applicability and            No....................  Subpart IIIII requires
                                      Performance Test Dates.                              the performance test
                                                                                to be performed on
                                                                                the compliance date.
Sec.   63.8(a)(1), (a)(3); (b);      Monitoring Requirements....  Yes...................
 (c)(1)-(4), (6)-(8); (d); (e); and
 (f)(1)-(5).
Sec.   63.8(a)(2)..................  Continuous Monitoring        No....................  Subpart IIIII requires
                                      System (CMS) Requirements.                           a site-specific
                                                                                monitoring plan in
                                                                                lieu of a promulgated
                                                                                performance
                                                                                specification for a
                                                                                mercury concentration
                                                                                CMS.
Sec.   63.8(a)(4)..................  Additional Monitoring        No....................  Subpart IIIII does not
                                      Requirements for Control                             require flares.
                                      Devices in Sec.   63.11.
Sec.   63.8(c)(5)..................  COMS Minimum Procedures....  No....................  Subpart IIIII does not
                                                                                have opacity and
                                                                                visible emission
                                                                                standards.
Sec.   63.8(f)(6)..................  Alternative to Relative      No....................  Subpart IIIII does not
                                      Accuracy Test.                                       require CEMS.
Sec.   63.8(g).....................  Data Reduction.............  No....................  Subpart IIIII
                                                                                specifies mercury
                                                                                concentration CMS
                                                                                data reduction
                                                                                requirements.
Sec.   63.9(a)-(e), (g)-(j)........  Notification Requirements..  Yes...................
Sec.   63.9(f).....................  Notification of VE/Opacity   No....................  Subpart IIIII does not
                                      Test.                                                have opacity and
                                                                                visible emission
                                                                                standards.
Sec.   63.10(a); (b)(1); (b)(2)(vi)- Recordkeeping/Reporting....  Yes...................
 (xii), (xiv); (b)(3); (c); (d)(1)-
 (2), (4); (e); (f).
Sec.   63.10(b)(2)(i)-(v), (d)(5)..  Recordkeeping/Reporting      No....................
                                      Associated with Startup,
                                      Shutdown, and Malfunctions.
Sec.   63.10(b)(2)(xiii)...........  CMS Records for RATA         No....................  Subpart IIIII does not
                                      Alternative.                                         require CEMS.
Sec.   63.10(d)(3).................  Reporting Opacity or VE....  No....................  Subpart IIIII does not
                                     Observations...............                           have opacity and
                                                                                visible emission
                                                                                standards.
Sec.   63.11.......................  Flares.....................  No....................  Subpart IIIII does not
                                                                                require flares.
Sec.   63.12.......................  Delegation.................  Yes...................
Sec.   63.13.......................  Addresses..................  Yes...................
Sec.   63.14.......................  Incorporation by Reference.  Yes...................
Sec.   63.15.......................  Availability of Information  Yes...................
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2011-5530 Filed 3-11-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 85 (Wednesday, May 2, 2012)]
[Rules and Regulations]
[Pages 25890-25892]
[FR Doc No: 2012-10624]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0337]
RIN 1625-AA00

Safety Zone; 2012 Memorial Day Tribute Fireworks, Lake
Charlevoix, Boyne City, Michigan

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on
Lake Charlevoix near Boyne City, Michigan. This zone is intended to
restrict vessels from a portion of Lake Charlevoix due to a fireworks
display. This temporary safety zone is necessary to protect the
surrounding public and vessels from the hazards associated with a
fireworks display.

DATES: This rule is effective from 10 p.m. until 10:45 p.m. on May 26,
2012.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2012-0337 and are available online
by going to http://www.regulations.gov, inserting USCG-2012-0337 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email MST3 Kevin Moe, U.S. Coast Guard, Sector
Sault Sainte Marie, telephone<PHONE_NUMBER>, email at
<EMAIL_ADDRESS>If you have questions on viewing the docket, call
Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-
9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable. The
final details for this event were not received by the Coast Guard with
sufficient time for a comment and period to run before the start of the
event. Thus, delaying this rule to wait for a notice and comment period
to run would be impracticable and would inhibit the Coast Guard's
ability to protect the public from the hazards associated with maritime
fireworks displays.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30

days after publication in the Federal Register. For the same reasons
discussed in the preceding paragraph, a 30 day notice period would be
impracticable.

Background and Purpose

    On the evening of May 26, 2012, fireworks will be launched from a
point on Lake Charlevoix to commemorate Memorial Day. The Captain of
the Port, Sector Sault Sainte Marie, has determined that the Memorial
Day Tribute Fireworks Display will pose significant risks to the
public. The likely congested waterways in the vicinity of a fireworks
display could easily result in serious injuries or fatalities.

Discussion of Rule

    To mitigate the risks associated with the Memorial Day Tribute
Fireworks Display, the Captain of the Port, Sector Sault Sainte Marie
will enforce a temporary safety zone in the vicinity of the launch
site. This safety zone will encompass all waters of Lake Charlevoix, in
the vicinity of Sommerset Pointe, within the arc of a circle with an
800ft radius from the fireworks launch site located on a barge
positioned 45[deg]13'04'' N, 085[deg]03'41'' W [DATUM: NAD 83]. The
safety zone will be effective and enforced from 10 p.m. until 10:45
p.m. on May 26, 2012
    Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port, Sector Sault
Sainte Marie, or his or her on-scene representative. The Captain of the
Port, Sector Sault Sainte Marie, or his or her on-scene representative
may be contacted via VHF channel 16.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS). We conclude that this rule is not a significant
regulatory action because we anticipate that it will have minimal
impact on the economy, will not interfere with other agencies, will not
adversely alter the budget of any grant or loan recipients, and will
not raise any novel legal or policy issues. The safety zone will be
relatively small and will exist for only a minimal time. Under certain
conditions, moreover, vessels may still transit through the safety zone
when permitted by proper authority.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not
have a significant economic impact on a substantial number of small
entities.
    This rule will affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor in a portion of Lake Charlevoix between 10 p.m. and
10:45 p.m. on May 26, 2012.
    This safety zone will not have significant economic impact on a
substantial number of small entities for the following reasons: this
rule will only be enforced for a short period of time. Vessels may
safely pass outside the safety zone during the event. In the event that
this temporary safety zone affects shipping, commercial vessels may
request permission from the Captain of the Port, Sector Sault Sainte
Marie, to transit through the safety zone. The Coast Guard will give
notice to the public via a Broadcast to Mariners that the regulation is
in effect.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination

with Indian Tribal Governments, because it does not have a substantial
direct effect on one or more Indian tribes, on the relationship between
the Federal Government and Indian Tribes, or on the distribution of
power and responsibilities between the Federal Government and Indian
tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction because it involves the establishment of a safety zone.
A final environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T09-0337 to read as follows:

Sec.  165.T09-0337  Safety Zone; 2012 Memorial Day Tribute Fireworks,
Lake Charlevoix, Boyne City, Michigan.

    (a) Location. The safety zone will encompass all U.S. navigable
waters of Lake Charlevoix, in the vicinity of Sommerset Pointe, within
the arc of a circle with 800-foot radius from a fireworks launch site
located on a barge at position 45[deg]13'04'' N, 085[deg]03'41'' W
[DATUM: NAD 83].
    (b) Effective and enforcement period. This rule is effective and
will be enforced from 10 p.m. until 10:45 p.m. on May 26, 2012.
    (c) Regulations.
    (1) In accordance with the general regulations in Sec.  165.23 of
this part, entry into, transiting, or anchoring within this safety zone
is prohibited unless authorized by the Captain of the Port, Sector
Sault Sainte Marie, or his or her on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port, Sector Sault Sainte Marie, or
his or her on-scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port,
Sector Sault Sainte Marie, is any Coast Guard commissioned, warrant or
petty officer who has been designated by the Captain of the Port,
Sector Sault Sainte Marie, to act on his or her behalf. The on-scene
representative of the Captain of the Port, Sector Sault Sainte Marie,
will be aboard either a Coast Guard or Coast Guard Auxiliary vessel.
    (4) Vessel operators desiring to enter the or operate within the
safety zone shall contact the Captain of the Port, Sector Sault Sainte
Marie, or his or her on-scene representative to obtain permission to do
so. The Captain of the Port, Sector Sault Sainte Marie, or his or her
on-scene representative may be contacted via VHF Channel 16. Vessel
operators given permission to enter or operate in the safety zone must
comply with all directions given to them by the Captain of the Port,
Sector Sault Sainte Marie, or his or her on-scene representative.

    Dated: April 23, 2012.
S.B. Lowe,
Commander, U.S. Coast Guard, Acting Captain of the Port Sault Sainte
Marie.
[FR Doc. 2012-10624 Filed 5-1-12; 8:45 am]
BILLING CODE 9110-04-P


Conference Call with the Connecticut Department of Energy & Environmental Protection (DEEP)
Re: Hazardous Waste Generator Standards

March 14, 2013

Participants:

Ross Bunnell, Sanitary Engineer, Connecticut DEEP, Bureau of Materials Management and Compliance Assurance, Waste Engineering & Enforcement Division
David Metz, Associate, Industrial Economics (IEc)

   1. Q: What does Connecticut require facilities to do to document their waste determinations?

A: [Submitted via E-mail on March 13, 2013]

      By way of clarification, I should note that our regulations don't explicitly require the maintenance of documentation for "negative determinations."  However, there are several aspects of our hazardous waste regs and our implementation of them that basically achieve the same end result.  More specifically:
   1.)             We incorporate the federal language at 40 CFR 262.11 which states that "A person who generates a solid waste, as defined in 40 CFR 261.2, must determine if that waste is a hazardous waste..."  For many years, we have interpreted this language to apply to ANY solid waste, even if it is ultimately determined not to be hazardous.  For example, in penalty actions for violations of hazardous waste determination requirements, we do not consider it an excuse if one or more of the determinations turned out non-hazardous.  Instead, in such penalty actions, we will assess penalties for all wastes in which the generator failed to determine if the waste is hazardous, or failed to fully determine all the EPA waste codes for which the waste is hazardous.

   2.)             We incorporate the federal provision at 40 CFR 262.40(c) which says that "A generator must keep a copy records of any test results, waste analyses, or other determinations made in accordance with §262.11 for at least three years from the date that the waste was last sent to on-site or off-site treatment, storage, or disposal."  We interpret this to mean that if a generator uses testing or analysis to perform either a positive or negative waste determination, they must retain records of such testing or analysis and be able to supply them to us during an inspection.

   3.)             Our regulations modify the federal language in 40 CFR 262.11 to require that hazardous waste determinations be repeated annually.

   4.)             Our regulations also modify the federal language in 40 CFR 262.11(c)(2) to require that any generator using "knowledge of process" to satisfy hazardous waste determination requirements be "able to demonstrate clearly how he applied knowledge of the waste in making the determination" (in other words, be able to document the basis for the knowledge of process-based determination).

      As a result of the above, when our inspectors perform inspections, they expect to see documentation supporting hazardous waste determinations for each solid waste generated at the facility, regardless of whether or not is was determined to be hazardous.  For low-risk wastes, such as ordinary solid waste generated in individual employee trash receptacles, we will not expect much more than confirmation that the company effectively keeps potentially hazardous wastes (e.g., aerosol cans and small container of chemical products) out of that waste stream.  (We actually look in trash dumpsters to confirm this.)  However for other, more industrial-type wastes, we will specifically expect to see test results or properly-documented "knowledge of process" information.  This would include commonly-overlooked wastes such as used absorbents, buffing and grinding dusts, rags/wipers, waste gasoline, spent antifreeze, filters, paint-related wastes (e.g., paint overspray, used PPE, etc.), old/overstock unused or abandoned chemicals/products, and wastewaters treated in evaporators.
      If we find that a generator has not performed a determination on such a waste stream, or has not done so fully or properly, we will cite it as a violation, and issue them a Notice of Violation or pursue other enforcement action to require them to correct the violation.

   1. Q: How do facilities make waste determinations?

      A: This process varies waste stream by waste stream. Facilities may use testing (e.g., TCLP) or demonstrate "knowledge of process" (e.g., past sampling data for the same raw materials, material safety data sheet (MSDS), product constituent information). Knowledge of process is most commonly used to identify hazardous waste streams. Connecticut DEEP expresses caution about the limitations of knowledge of process determinations -- these are best used by larger, more sophisticated facilities (LQGs) with dedicated environmental staff. It also discourages facilities from using MSDS to make negative determinations because manufacturers may not reliably report some materials whose concentrations are below 1 percent, but that would cause a sample to fail a TCLP analysis. Additional information is available at: http://www.ct.gov/deep/cwp/view.asp?a=2718&q=325422&deepNav_GID=1967 and http://www.ct.gov/deep/cwp/view.asp?a=2718&q=434308&deepNav_GID=1967.

      Connecticut has a three-tiered industrial waste management system. Connecticut General Statutes Section 22a-454 pre-dates RCRA and is broader in scope than RCRA in that it regulates non-hazardous waste ("Connecticut regulated wastes"). These requirements are less stringent than RCRA, but more stringent that other states (e.g., buffing dust).

   2. Q: Based on your experience, can you estimate the percentage of non-hazardous waste versus hazardous waste determinations?

      A: This varies greatly by facility. Some industries are overwhelmingly non-hazardous (e.g., nuts and bolts manufacturing with no cleaning processes). Other industries are overwhelmingly hazardous (e.g., stainless steel, brass, chrome plating, anything lead-based). Some indicators of hazardous waste include strong acids, caustics, lead, and parts cleaning.

   3. Q: How do facilities report closures (either entire facility or individual unit closures)? Can you estimate the approximate annual number of closures?

      A: Notification of closure is not currently required. State closure requirements have been expanded to apply to LQGs and SQGs. Connecticut is also proposing a notification process for closures. Currently, inspectors will ask if any RCRA units have been closed when they do facility inspections. Identifying closures may be self-implementing process because they are reported (or not reported) through the maintenance of EPA identification numbers, which track generator status changes.

      Follow-up items:
      1) Ross will look into data on the number of generator status changes observed each year. (replied on March 15, 2013)
      2) Ross will provide some sample inspection records to IEc that document waste streams determinations.


[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Notices]
[Pages 46818-46819]
[FR Doc No: 2017-21636]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4340-DR; Docket ID FEMA-2017-0001]

Virgin Islands; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the territory of the U.S. Virgin Islands (FEMA-4340-DR), dated
September 20, 2017, and related determinations.

DATES: This amendment was issued September 23, 2017.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the territory of the U.S. Virgin Islands is

hereby amended to include the following areas among those areas
determined to have been adversely affected by the event declared a
major disaster by the President in his declaration of September 20,
2017.

    The islands of St. John and St. Thomas for Individual Assistance
(already designated for debris removal and emergency protective
measures [Categories A and B], including direct federal assistance,
under the Public Assistance program).

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050 Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2017-21636 Filed 10-5-17; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 77, Number 42 (Friday, March 2, 2012)]
[Notices]
[Pages 12898-12900]
[FR Doc No: 2012-5083]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66472; File No. SR-C2-2012-008]

Self-Regulatory Organizations; C2 Options Exchange, Incorporated;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Amend the Fees Schedule

February 27, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on February 23, 2012, C2 Options Exchange, Incorporated (the
``Exchange'' or ``C2'') filed with the Securities and Exchange
Commission (the ``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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its Fees Schedule. The text of the
proposed rule change is available on the Exchange's Web site (http://www.c2exchange.com/Legal/), at the Exchange's Office of the Secretary,
and at the Commission's Public Reference Room.

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
    On September 2, 2011, the Commission approved a proposed rule
change filed by the Exchange to permit on a pilot basis the listing and
trading on C2 of Standard & Poor's 500 Index (``S&P 500'') options with
third-Friday-of-the-month (``Expiration Friday'') expiration dates for
which the exercise settlement value will be based on the index value
derived from the closing prices of component securities (``SPXPM'').\3\
On September 28, 2011, the Exchange filed an immediately-effective rule
change to adopt fees associated with the anticipated trading of SPXPM
(the ``Initial SPXPM Fees Filing'').\4\ In the Initial SPXPM Fees
Filing, the Exchange adopted an SPXPM Tier Appointment Fee of $4,000
which would be charged to any Market-Maker Permit holder that has an
appointment (registration) in SPXPM at any time during a calendar
month, but the Exchange also waived that fee through November 30, 2011.
On November 23, the Exchange extended that waiver through December 31,
2011.\5\ The Exchange then extended that waiver once again through
February 29, 2012.\6\ The Exchange hereby proposes continuing that
waiver for three months through May 31, 2012. The purpose of this
waiver extension is to allow more time for the SPXPM market to develop
and allow and encourage Market-Makers to join in and elect for an SPXPM
Tier Appointment.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 34-65256 (September
2, 2011), 76 FR 55969 (September 9, 2011) (SR-C2-2011-008).
    \4\ See Securities Exchange Act Release No. 34-65471 (October 3,
2011), 76 FR 62491 (October 7, 2011) (SR-C2-2011-026).
    \5\ See Securities Exchange Act Release No. 34-65874 (December
2, 2011), 76 FR 76785 (December 8, 2011) (SR-C2-2011-037).
    \6\ See Securities Exchange Act Release No. 34-66140 (January
11, 2012), 77 FR 2772 (January 19, 2012) (SR-C2-2012-002).
---------------------------------------------------------------------------

    The proposed rule change is to take effect on March 1, 2012.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Act,\7\ in general, and furthers the objectives of Section 6(b)(4) \8\
of the Act in particular, in that it is designed to provide for the
equitable allocation of reasonable dues, fees, and other charges among
C2 Trading Permit Holders and other persons using Exchange facilities.
Continuing the waiver of the SPXPM Tier Appointment Fee is reasonable
because it will allow Market-Makers with an SPXPM Tier Appointment to
avoid paying the Tier Appointment Fee for another 3-month period, and
is equitable and not unfairly discriminatory because all Market-Makers
with an SPXPM Tier Appointment will be able to avoid paying the SPXPM
Tier Appointment Fee through May 31, 2012.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    C2 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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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

    The proposed rule change is designated by the Exchange as
establishing or changing a due, fee, or other charge, thereby
qualifying for effectiveness on filing pursuant to Section 19(b)(3)(A)
of the Act \9\ and subparagraph (f)(2) of Rule 19b-4 \10\ thereunder.
At any time within 60 days of the filing of the 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.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 C.F.R. 240.19b-4(f)(2).
---------------------------------------------------------------------------

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 email to<EMAIL_ADDRESS>Please include
File Number SR-C2-2012-008 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-C2-2012-008. This file
number should be included on the subject line if email 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, 100 F Street NE., Washington, DC 20549, on official
business days between the hours of 10 a.m. and 3 p.m. Copies of such
filing will also be available for inspection and copying at the
principal office 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 No. SR-C2-2012-008 and should be submitted on or before March 23,
2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-5083 Filed 3-1-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 124 (Tuesday, June 28, 2016)]
[Notices]
[Page 41971]
[FR Doc No: 2016-15281]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER16-1934-000]

Drift Marketplace, Inc.; 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
Drift Marketplace, Inc.'s application for market-based rate authority,
with an accompanying rate tariff, 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 July 7, 2016.
    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 are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic 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: June 17, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-15281 Filed 6-27-16; 8:45 am]
 BILLING CODE 6717-01-P


MEMORANDUM

DATE:		July 7, 2014

TO:		Carbon Power Plan for Existing Power Plants; Docket Id: OAR - 2013-0602

FROM:	EPA Region 1

SUBJECT:	June 26, 2014, Meeting with Connecticut State Staff Regarding Proposed Carbon Power Plan for Existing Power Plants
--------------------------------------------------------------------------------

SUMMARY

      A meeting was held between EPA and the attendees listed below on June 26, 2014 to discuss the proposed Carbon Power Plan for Existing Power Plants. Discussion covered Connecticut's state goal calculations, including data sources and assumptions.

ATTENDEES (all by phone)

Connecticut Department of Energy and Environmental Protection:
Anne Gobin
Wendy Jacobs
Jaimeson Sinclair

EPA:
Brian Fisher
Jenny Noonan
Michael Cohen
Denise Mulholland
Cynthia Greene
Shutsu Wong
Dave Conroy
Bob McConnell