330 40 CFR Ch. I ( 7   1   98 Edition) § 799.9620 of Genotoxicity. Mutation Research. 123: 61   118 ( 1983). ( 17) MacGregor, J. T., Heddle, J. A., Hite, M., Margolin, G. H., Ramel C., Salamone, M. F., Tice, R. R., and Wild, D. Guidelines for the Conduct of Micronucleus Assays in Mammalian Bone Marrow Erythrocytes. Mutation Research 189: 103   112 ( 1987). ( 18) MacGregor, J. T., Wehr, C. M., Henika, P. R., and Shelby, M. E. ( 1990). The In Vivo Erythrocyte Micronucleus Test: Measurement at Steady State Increases Assay Efficiency and Permits Integration with Toxicity Studies. Fundamental Applied Toxicology. 14: 513   522. ( 19) MacGregor, J. T., Schlegel, R. Choy, W. N., and Wehr, C. M. Eds. Hayes, A. W., Schnell, R. C., and Miya, T. S. Micronuclei in Circulating Erythrocytes: A Rapid Screen for Chromosomal Damage During Routine Toxicity Testing in Mice. Developments in Science and Practice of Toxicology ( Elsevier, Amsterdam, 1983) pp. 555   558.

§ 799.9620 TSCA neurotoxicity screening battery.

( a) Scope. This section is intended to meet the testing requirements under section 4 of TSCA. This neurotoxicity screening battery consists of a functional observational battery, motor activity and neuropathology. The functional observational battery consists of noninvasive procedures designed to detect gross functional deficits in animals and to better quantify behavioral or neurological effects detected in other studies. The motor activity test uses an automated device that measures the level of activity of an individual animal. The neuropathological techniques are designed to provide data to detect and characterize histopathological changes in the central and peripheral nervous system. This battery is designed to be used in conjunction with general toxicity studies and changes should be evaluated in the context of both the concordance between functional neurological and neuropatholgical effects, and with respect to any other toxicological effects seen. This test battery is not intended to provide a complete evaluation of neurotoxicity, and additional functional and morphological evaluation may be necessary to assess completely the neurotoxic potential of a chemical. ( b) Source. The source material used in developing this TSCA test guideline is the OPPTS harmonized test guideline 870.6200 ( June 1996 Public Draft). This source is available at the address in paragraph ( g) of this section. ( c) Definitions. The following definitions apply to this section. ED is effective dose. Motor activity is any movement of the experimental animal. Neurotoxicity is any adverse effect on the structure or function of the nervous system related to exposure to a chemical substance. Toxic effect is an adverse change in the structure or function of an experimental animal as a result of exposure to a chemical substance. ( d) Principle of the test method. The test substance is administered to several groups of experimental animals, one dose being used per group. The animals are observed under carefully standardized conditions with sufficient frequency to ensure the detection and quantification of behavioral and/ or neurologic abnormalities, if present. Various functions that could be affected by neurotoxicants are assessed during each observation period. Measurements of motor activity of individual animals are made in an automated device. The animals are perfused and tissue samples from the nervous system are prepared for microscopic examination The exposure levels at which significant neurotoxic effects are produced are compared to one another and to those levels that produce other toxic effects. ( e) Test procedures   ( 1) Animal selection   ( i) Species. In general, the laboratory rat should be used. Under some circumstances, other species, such as the mouse or the dog, may be more appropriate although not all of the battery may be adaptable to other species. ( ii) Age. Young adults ( at least 42 days old for rats) shall be used. ( iii) Sex. Both males and females shall be used. Females shall be nulliparous and nonpregnant. ( 2) Number of animals. At least 10 males and 10 females should be used in each dose and control group for behavioral testing. At least five males and RECEIVED OPPT NCIC 2003 MAR11 5: 03PM OPPT 2003 0010 0046 331 Environmental Protection Agency § 799.9620 five females should be used in each dose and control group for terminal neuropathology. If interim neuropathological evaluations are planned, the number should be increased by the number of animals scheduled to be perfused before the end of the study. Animals shall be randomly assigned to treatment and control groups. ( 3) Control groups. ( i) A concurrent ( vehicle) control group is required. Subjects shall be treated in the same way as for an exposure group except that administration of the test substance is omitted. If the vehicle used has known or potential toxic properties both untreated or saline treated and vehicle control groups are required ( ii) Positive control data from the laboratory performing the testing shall provide evidence of the ability of the observational methods used to detect major neurotoxic endpoints including limb weakness or paralysis, tremor, and autonomic signs. Positive control data are also required to demonstrate the sensitivity and reliability of the activity measuring device and testing procedures. These data should demonstrate the ability to detect chemically induced increases and decreases in activity. Positive control groups exhibiting central nervous system pathology and peripheral nervous system pathology are also required. Separate groups for peripheral and central neuropathology are acceptable ( e. g. acrylamide and trimethyl tin). Positive control data shall be collected at the time of the test study unless the laboratory can demonstrate the adequacy of historical data for this purpose, i. e. by the approach outlined in this section ( 4) Dose level and dose selection. At least three doses shall be used in addition to the vehicle control group. The data should be sufficient to produce a dose effect curve. The Agency strongly encourage the use of equally spaced doses and a rationale for dose selection that will maximally support detection of dose effect relations. For acute studies dose selection may be made relative to the establishment of a benchmark dose ( BD). That is, doses may be specified as successive fractions, e. g. 0.5, 0.25, ... n of the BD. The BD itself may be estimated as the highest nonlethal dose as determined in a preliminary range finding lethality study. A variety of test methodologies may be used for this purpose, and the method chosen may influence subsequent dose selection. The goal is to use a dose level that is sufficient to be judged a limit dose, or clearly toxic. ( i) Acute studies. The high dose need not be greater than 2 g/ kg. Otherwise, the high dose should result in significant neurotoxic effects or other clearly toxic effects, but not result in an incidence of fatalities that would preclude a meaningful evaluation of the data. This dose may be estimated by a BD procedure as described under paragraph ( e)( 4) of this section, with the middle and low dose levels chosen as fractions of the BD dose. The lowest dose should produce minimal effect, e. g. an ED10, or alternatively, no effects. ( ii) Subchronic and chronic studies. The high dose need not be greater than 1 g/ kg. Otherwise, the high dose level should result in significant neurotoxic effects or other clearly toxic effects, but not produce an incidence of fatalities that would prevent a meaningful evaluation of the data. The middle and low doses should be fractions of the high dose. The lowest dose should produce minimal effects, e. g. an ED10, or alternatively, no effects. ( 5) Route of exposure. Selection of route may be based on several criteria including, the most likely route of human exposure, bioavailability, the likelihood of observing effects, practical difficulties, and the likelihood of producing nonspecific effects. For many materials, it should be recognized that more than one route of exposure may be important and that these criteria may conflict with one another. Initially only one route is required for screening for neurotoxicity. The route that best meets these criteria should be selected. Dietary feeding will generally be acceptable for repeated exposures studies. ( 6) Combined protocol. The tests described in this screening battery may be combined with any other toxicity study, as long as none of the requirements of either are violated by the combination. 332 40 CFR Ch. I ( 7   1   98 Edition) § 799.9620 ( 7) Study conduct   ( i) Time of testing. All animals shall be weighed on each test day and at least weekly during the exposure period. ( A) Acute studies. At a minimum, for acute studies observations and activity testing shall be made before the initiation of exposure, at the estimated time of peak effect within 8 hrs of dosing and at 7 and 14 days after dosing. Estimation of times of peak effect may be made by dosing pairs of rats across a range of doses and making regular observations of gait and arousal. ( B) Subchronic and chronic studies. In a subchronic study, at a minimum, observations and activity measurements shall be made before the initiation of exposure and before the daily exposure, or for feeding studies at the same time of day, during the 4th, 8th, and 13th weeks of exposure. In chronic studies, at a minimum, observations and activity measurements shall be made before the initiation of exposure and before the daily exposure, or for feeding studies at the same time of day, every 3 months. ( ii) Functional observational battery   ( A) General conduct. All animals in a given study shall be observed carefully by trained observers who are unaware of the animals' treatment, using standardized procedures to minimize observer variability. Where possible, it is advisable that the same observer be used to evaluate the animals in a given study. If this is not possible, some demonstration of interobserver reliability is required. The animals shall be removed from the home cage to a standard arena for observation. Effort should be made to ensure that variations in the test conditions are minimal and are not systematically related to treatment. Among the variables that can affect behavior are sound level, temperature, humidity, lighting, odors, time of day, and environmental distractions. Explicit, operationally defined scales for each measure of the battery are to be used. The development of objective quantitative measures of the observational end points specified is encouraged. Examples of observational procedures using defined protocols may be found in the references under paragraphs ( g)( 5), ( g)( 6), and ( g)( 9) of this section. The functional observational battery shall include a thorough description of the subject's appearance, behavior, and functional integrity. This shall be assessed through observations in the home cage and while the rat is moving freely in an open field, and through manipulative tests. Testing should proceed from the least to the most interactive with the subject. Scoring criteria or explicitly defined scales, should be developed for those measures which involve subjective ranking. ( B) List of measures. The functional observational battery shall include the following list of measures: ( 1) Assessment of signs of autonomic function, including but not limited to: ( i) Ranking of the degree of lacrimation and salivation, with a range of severity scores from none to severe. ( ii) Presence or absence of piloerection and exophthalmus. ( iii) Ranking or count of urination and defecation, including polyuria and diarrhea. This is most easily conducted during the open field assessment. ( iv) Pupillary function such as constriction of the pupil in response to light or a measure of pupil size. ( v) Degree of palpebral closure, e. g., ptosis. ( 2) Description, incidence, and severity of any convulsions, tremors, or abnormal motor movements, both in the home cage and the open field. ( 3) Ranking of the subject's reactivity to general stimuli such as removal from the cage or handling, with a range of severity scores from no reaction to hyperreactivity. ( 4) Ranking of the subject's general level of activity during observations of the unperturbed subject in the open field, with a range of severity scores from unresponsive to hyperactive. ( 5) Descriptions and incidence of posture and gait abnormalities observed in the home cage and open field. ( 6) Ranking of any gait abnormalities with a range of severity scores from none to severe. ( 7) Forelimb and hindlimb grip strength measured using an objective procedure ( the procedure described in the reference under paragraph ( g)( 8) of this section may be used). 333 Environmental Protection Agency § 799.9620 ( 8) Quantitative measure of landing foot splay ( the procedure described in the reference under paragraph ( g)( 3) of this section may be used). ( 9) Sensorimotor responses to stimuli of different modalities will be used to detect gross sensory deficits. Pain perception may be assessed by a ranking or measure of the reaction to a tailpinch tail flick, or hot plate. The response to a sudden sound, e. g., click or snap, may be used to assess audition. ( 10) Body weight. ( 11) Description and incidence of any unusual or abnormal behaviors, excessive or repetitive actions ( stereotypies), emaciation, dehydration hypotonia or hypertonia, altered fur appearance, red or crusty deposits around the eyes, nose, or mouth, and any other observations that may facilitate interpretation of the data. ( C) Additional measures. Other measures may also be included and the development and validation of new tests is encouraged. Further information on the neurobehavioral integrity of the subject may be provided by: ( 1) Count of rearing activity on the open field. ( 2) Ranking of righting ability. ( 3) Body temperature. ( 4) Excessive or spontaneous vocalizations ( 5) Alterations in rate and ease of respiration, e. g., rales or dyspnea. ( 6) Sensorimotor responses to visual or proprioceptive stimuli. ( iii) Motor activity. Motor activity shall be monitored by an automated activity recording apparatus. The device used must be capable of detecting both increases and decreases in activity i. e., baseline activity as measured by the device must not be so low as to preclude detection of decreases nor so high as to preclude detection of increases in activity. Each device shall be tested by standard procedures to ensure to the extent possible, reliability of operation across devices and across days for any one device. In addition, treatment groups must be balanced across devices. Each animal shall be tested individually. The test session shall be long enough for motor activity to approach asymptotic levels by the last 20% of the session for nontreated control animals. All sessions shall have the same duration. Treatment groups shall be counterbalanced across test times. Effort should be made to ensure that variations in the test conditions are minimal and are not systematically related to treatment. Among the variables which can affect motor activity are sound level, size and shape of the test cage, temperature, relative humidity lighting conditions, odors, use of the home cage or a novel test cage, and environmental distractions. ( iv) Neuropathology: Collection, processing and examination of tissue samples. To provide for adequate sampling as well as optimal preservation of cellular integrity for the detection of neuropathological alterations, tissue shall be prepared for histological analysis using in situ perfusion and paraffin and/ or plastic embedding procedures Paraffin embedding is acceptable for tissue samples from the central nervous system. Plastic embedding of tissue samples from the central nervous system is encouraged, when feasible. Plastic embedding is required for tissue samples from the peripheral nervous system. Subject to professional judgment and the type of neuropathological alterations observed it is recommended that additional methods, such as glial fibrillary acidic protein ( GFAP) immunohistochemistry and/ or methods known as Bodian's or Bielchowsky's silver methods be used in conjunction with more standard stains to determine the lowest dose level at which neuropathological alterations are observed When new or existing data provide evidence of structural alterations it is recommended that the GFAP immunoassay also be considered. A description of this technique can be found in the reference under paragraph ( g)( 10) of this section. ( A) Fixation and processing of tissue. The nervous system shall be fixed by in situ perfusion with an appropriate aldehyde fixative. Any gross abnormalities should be noted. Tissue samples taken should adequately represent all major regions of the nervous system The tissue samples should be postfixed and processed according to standardized published histological protocols ( protocols described in the references under paragraphs ( g)( 1), 334 40 CFR Ch. I ( 7   1   98 Edition) § 799.9620 ( g)( 2), or ( g)( 11) of this section may be used). Tissue blocks and slides should be appropriately identified when stored. Histological sections should be stained for hematoxylin and eosin ( H& E), or a comparable stain according to standard published protocols ( some of these protocols are described in the references under paragraphs ( g)( 1) and ( g)( 11) of this section). ( B) Qualitative examination. Representative histological sections from the tissue samples should be examined microscopically by an appropriately trained pathologist for evidence of neuropathological alterations. The nervous system shall be thoroughly examined for evidence of any treatmentrelated neuropathological alterations. Particular attention should be paid to regions known to be sensitive to neurotoxic insult or those regions likely to be affected based on the results of functional tests. Such treatment related neuropathological alterations should be clearly distinguished from artifacts resulting from influences other than exposure to the test substance. A stepwise examination of tissue samples is recommended. In such a stepwise examination sections from the high dose group are first compared with those of the control group. If no neuropathological alterations are observed in samples from the high dose group, subsequent analysis is not required If neuropathological alterations are observed in samples from the high dose group, samples from the intermediate and low dose groups are then examined sequentially. ( C) Subjective diagnosis. If any evidence of neuropathological alterations is found in the qualitative examination then a subjective diagnosis shall be performed for the purpose of evaluating dose response relationships. All regions of the nervous system exhibiting any evidence of neuropathological changes should be included in this analysis. Sections from all dose groups from each region will be coded and examined in randomized order without knowledge of the code. The frequency of each type and severity of each lesion will be recorded. After all samples from all dose groups including all regions have been rated, the code will be broken and statistical analysis performed to evaluate dose response relationships For each type of dose related lesion observed, examples of different degrees of severity should be described. Photomicrographs of typical examples of treatment related regions are recommended to augment these descriptions These examples will also serve to illustrate a rating scale, such as 1+, 2+, and 3+ for the degree of severity ranging from very slight to very extensive. ( f) Data reporting and evaluation. The final test report shall include the following information: ( 1) Description of equipment and test methods. A description of the general design of the experiment and any equipment used shall be provided. This shall include a short justification explaining any decisions involving professional judgment. ( i) A detailed description of the procedures used to standardize observations including the arena and scoring criteria. ( ii) Positive control data from the laboratory performing the test that demonstrate the sensitivity of the procedures being used. Historical data may be used if all essential aspects of the experimental protocol are the same. Historical control data can be critical in the interpretation of study findings. The Agency encourages submission of such data to facilitate the rapid and complete review of the significance of effects seen. ( 2) Results. The following information shall be arranged by test group dose level. ( i) In tabular form, data for each animal shall be provided showing: ( A) Its identification number. ( B) Its body weight and score on each sign at each observation time, the time and cause of death ( if appropriate), total session activity counts, and intrasession subtotals for each day measured. ( ii) Summary data for each group must include: ( A) The number of animals at the start of the test. ( B) The number of animals showing each observation score at each observation time. ( C) The mean and standard deviation for each continuous endpoint at each observation time. 335 Environmental Protection Agency § 799.9620 ( D) Results of statistical analyses for each measure, where appropriate. ( iii) All neuropathological observations shall be recorded and arranged by test groups. This data may be presented in the following recommended format: ( A) Description of lesions for each animal For each animal, data must be submitted showing its identification ( animal number, sex, treatment, dose, and duration), a list of structures examined as well as the locations, nature frequency, and severity of lesions. Inclusion of photomicrographs is strongly recommended for demonstrating typical examples of the type and severity of the neuropathological alterations observed. Any diagnoses derived from neurological signs and lesions including naturally occurring diseases or conditions, should be recorded. ( B) Counts and incidence of neuropathological alterations by test group. Data should be tabulated to show: ( 1) The number of animals used in each group and the number of animals in which any lesion was found. ( 2) The number of animals affected by each different type of lesion, the locations frequency, and average grade of each type of lesion. ( 3) Evaluation of data. The findings from the screening battery should be evaluated in the context of preceding and/ or concurrent toxicity studies and any correlated functional and histopathological findings. The evaluation shall include the relationship between the doses of the test substance and the presence or absence, incidence and severity, of any neurotoxic effects. The evaluation shall include appropriate statistical analyses, for example parametric tests for continuous data and nonparametric tests for the remainder. Choice of analyses should consider tests appropriate to the experimental design, including repeated measures. There may be many acceptable ways to analyze data. ( g) References. For additional background information on this test guideline the following references should be consulted. These references are available for inspection at the TSCA Nonconfidential Information Center, Rm. NE   B607, Environmental Protection Agency, 401 M St., SW., Washington, DC, 12 noon to 4 p. m., Monday through Friday, except legal holidays. ( 1) Bennet, H. S. et al. Science and art in the preparing tissues embedded in plastic for light microscopy, with special reference to glycol methacrylate, glass knives and simple stains. Stain Technology. 51: 71   97 ( 1976). ( 2) Di Sant Agnese, P. A. and De Mesy Jensen, K. Dibasic staining of large epoxy sections and application to surgical pathology. American Journal of Clinical Pathology. 81: 25   29 ( 1984). ( 3) Edwards, P. M. and Parker, V. H. A simple, sensitive and objective method for early assessment of acrylamide neuropathy in rats. Toxicology and Applied Pharmacology. 40: 589   591 ( 1977). ( 4) Finger, F. W. Ed. Myers, R. D. Measuring Behavioral Activity. Vol. 2. Methods in Psychobiology ( Academic, NY, 1972) pp. 1   19. ( 5) Gad, S. A neuromuscular screen for use in industrial toxicology. Journal of Toxicology and Environmental Health. 9: 691   704 ( 1982). ( 6) Irwin, S. Comprehensive observational assessment: Ia. A systematic quantitative procedure for assessing the behavioral physiological state of the mouse. Psychopharmacologia. 13: 222   257 ( 1968). ( 7) Kinnard, E. J. and Watzman, N. Techniques utilized in the evaluation of psychotropic drugs on animals activity Journal of Pharmaceutical Sciences. 55: 995   1012 ( 1966). ( 8) Meyer, O. A. et al. A method for the routine assessment of fore and hindlimb grip strength of rats and mice. Neurobehavioral Toxicology. 1: 233   236 ( 1979). ( 9) Moser V. C. et al. Comparison of chlordimeform and carbaryl using a functional observational battery. Fundamental and Applied Toxicology. 11: 189   206 ( 1988). ( 10) O'Callaghan, J. P. Quantification of glial fibrillary acidic protein: Comparison of slot immunobinding assays with a novel sandwich ELISA. Neurotoxicology and Teratology. 13: 275   281 ( 1991). ( 11) Pender, M. P. A simple method for high resolution light microscopy of nervous tissue. Journal of Neuroscience Methods. 15: 213   218 ( 1985). 336 40 CFR Ch. I ( 7   1   98 Edition) § 799.9780 ( 12) Reiter, L. W. Use of activity measures in behavioral toxicology. Environmental Health Perspectives. 26: 9   20 ( 1978). ( 13) Reiter, L. W. and MacPhail, R. C. Motor activity: A survey of methods with potential use in toxicity testing. Neurobehavorial Toxicology. 1   Supplement 1: 53   66 ( 1979). ( 14) Robbins, T. W. Eds. Iversen, L. L., Iverson, D. S., and Snyder, S. H. A critique of the methods available for the measurement of spontaneous motor activity Vol 7. Handbook of Psychopharmacology ( Plenum, NY, 1977) pp. 37   82.

§ 799.9780 TSCA immunotoxicity.

( a) Scope. This section is intended to meet the testing requirements under section 4 of TSCA. This section is intended to provide information on suppression of the immune system which might occur as a result of repeated exposure to a test chemical. While some information on potential immunotoxic effects may be obtained from hematology lymphoid organ weights and histopathology ( usually done as part of routine toxicity testing), there are data which demonstrate that these endpoints alone are not sufficient to predict immunotoxicity ( Luster et al., 1992, 1993 see paragraphs ( j)( 8) and ( j)( 9) of this section). Therefore, the tests described in this section are intended to be used along with data from routine toxicity testing, to provide more accurate information on risk to the immune system. The tests in this section do not represent a comprehensive assessment of immune function. ( b) Source. The source material used in developing this TSCA test guideline is the OPPTS harmonized test guideline 870.7800 ( June 1996 Public Draft). This source is available at the address in paragraph ( j) of this section. ( c) Definitions. The following definitions apply to this section. Antibodies or immunoglobulins ( Ig) are part of a large family of glycoprotein molecules. They are produced by B cells in response to antigens, and bind specifically to the eliciting antigen. The different classes of immunoglobulins involved in immunity are IgG, IgA, IgM, IgD, and IgE. Antibodies are found in extracellular fluids, such as serum, saliva, milk, and lymph. Most antibody responses are T cell dependent, that is, functional T and B lymphocytes, as well as antigenpresenting cells ( usually macrophages), are required for the production of antibodies Cluster of differentiation ( CD) refers to molecules expressed on the cell surface These molecules are useful as distinct CD molecules are found on different populations of cells of the immune system. Antibodies against these cell surface markers ( e. g., CD4, CD8) are used to identify and quantitate different cell populations. Immunotoxicity refers to the ability of a test substance to suppress immune responses that could enhance the risk of infectious or neoplastic disease, or to induce inappropriate stimulation of the immune system, thus contributing to allergic or autoimmune disease. This section only addresses potential immune suppression. Natural Killer ( NK) cells are large granular lymphocytes which nonspecifically lyse cells bearing tumor or viral antigens. NK cells are up regulated soon after infection by certain microorganisms, and are thought to represent the first line of defense against viruses and tumors. T and B cells are lymphocytes which are activated in response to specific antigens ( foreign substances, usually proteins). B cells produce antigen specific antibodies ( see the definition for `` antibodies or immunoglobulins''), and subpopulations of T cells are frequently needed to provide help for the antibody response. Other types of T cell participate in the direct destruction of cells expressing specific foreign ( tumor or infectious agent) antigens on the cell surface. ( d) Principles of the test methods. ( 1) In order to obtain data on the functional responsiveness of major components of the immune system to a T cell dependent antigen, sheep red blood cells


[Federal Register Volume 77, Number 36 (Thursday, February 23, 2012)]
[Notices]
[Pages 10794-10797]
[FR Doc No: 2012-4149]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66409; File No. SR-NASDAQ-2012-027]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to Routing Fees

February 16, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on February 13, 2012, The NASDAQ Stock Market LLC (``NASDAQ'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by NASDAQ. 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 NASDAQ Stock Market LLC proposes to modify Chapter XV, Section
2, governing pricing for NASDAQ members using the NASDAQ Options Market
(``NOM''), NASDAQ's facility for executing and routing standardized
equity and index options.
    While changes to the Fee Schedule pursuant to this proposal are
effective upon filing, the Exchange has designated these changes to be
operative on March 1, 2012.
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.nasdaq.cchwallstreet.com, at the principal
office of the Exchange, 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. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The purpose of this rule filing is to recoup costs that the
Exchange incurs for routing and executing Customer, Firm, Market Maker
and Professional orders in equity and index options. The Exchange's
Routing Fees are located at Chapter XV, Section 2, entitled ``NASDAQ
Options Market-Fees,'' and are as follows:
    (4) Fees for routing contracts to markets other than the NASDAQ
Options Market shall be assessed as provided below. The current fees
and a historical record of applicable fees shall be posted on the
NasdaqTrader.com Web site.

----------------------------------------------------------------------------------------------------------------
                    Exchange                         Customer          Firm             MM         Professional
----------------------------------------------------------------------------------------------------------------
BATS............................................           $0.50           $0.55           $0.55           $0.50
BOX.............................................            0.06            0.55            0.55            0.06
CBOE............................................            0.06            0.55            0.55            0.26
CBOE orders greater than 99 contracts in NDX,               0.24            0.55            0.55            0.26
 MNX ETFs, ETNs & HOLDRs........................
C2..............................................            0.50            0.55            0.55            0.51
ISE.............................................            0.06            0.55            0.55            0.24
ISE Select Symbols \*\..........................            0.18            0.55            0.55            0.34
NYSE Arca Penny Pilot...........................            0.50            0.55            0.55            0.50
NYSE Arca Non Penny Pilot.......................            0.06            0.55            0.55            0.06
NYSE AMEX.......................................            0.06            0.55            0.55            0.26
PHLX (for all options other than PHLX Select                0.06            0.55            0.55            0.26
 Symbols).......................................
PHLX Select Symbols \**\........................            0.30            0.55            0.55            0.46
----------------------------------------------------------------------------------------------------------------
\*\ These fees are applicable to orders routed to ISE that are subject to Rebates and Fees for Adding and
  Removing Liquidity in Select Symbols. See ISE's Schedule of Fees for the complete list of symbols that are
  subject to these fees.
\**\ These fees are applicable to orders routed to PHLX that are subject to Rebates and Fees for Adding and
  Removing Liquidity in Select Symbols. See PHLX's Fee Schedule for the complete list of symbols that are
  subject to these fees.

    The Exchange proposes to amend its Routing Fees as follows:
    (4) Fees for routing contracts to markets other than the NASDAQ
Options Market shall be assessed as provided below. The current fees
and a historical record of applicable fees shall be posted on the
NasdaqTrader.com Web site.

----------------------------------------------------------------------------------------------------------------
                    Exchange                         Customer          Firm             MM         Professional
----------------------------------------------------------------------------------------------------------------
BATS............................................           $0.55           $0.55           $0.55           $0.55
BOX.............................................            0.11            0.55            0.55            0.11
CBOE............................................            0.11            0.55            0.55            0.31
CBOE orders greater than 99 contracts in NDX,               0.29            0.55            0.55            0.31
 MNX ETFs, ETNs & HOLDRs........................
C2..............................................            0.55            0.55            0.55            0.55
ISE.............................................            0.11            0.55            0.55            0.29
ISE Select Symbols \*\..........................            0.23            0.55            0.55            0.39
NYSE Arca Penny Pilot...........................            0.55            0.55            0.55            0.55
NYSE Arca Non Penny Pilot.......................            0.11            0.55            0.55            0.11
NYSE AMEX.......................................            0.11            0.55            0.55            0.31
PHLX (for all options other than PHLX Select                0.11            0.55            0.55            0.31
 Symbols).......................................
PHLX Select Symbols \**\........................            0.35            0.55            0.55            0.51
----------------------------------------------------------------------------------------------------------------
\*\ These fees are applicable to orders routed to ISE that are subject to Rebates and Fees for Adding and
  Removing Liquidity in Select Symbols. See ISE's Schedule of Fees for the complete list of symbols that are
  subject to these fees.
\**\ These fees are applicable to orders routed to PHLX that are subject to Rebates and Fees for Adding and
  Removing Liquidity in Select Symbols. See PHLX's Fee Schedule for the complete list of symbols that are
  subject to these fees.

    NASDAQ Options Services LLC (``NOS''), a member of the Exchange, is
the Exchange's exclusive order router. Each time NOS routes to away
markets NOS is charged a $0.06 clearing fee and, in the case of certain
exchanges, a

transaction fee is also charged in certain symbols, which are passed
through to the Exchange. The Exchange currently recoups clearing and
transaction charges incurred by the Exchange when Customer, Firm,
Market Maker and Professional orders are routed to an away market. At
this time, the Exchange is proposing to recoup certain other costs
incurred by the Exchange when routing to away markets, such as
administrative and technical costs associated with operating NOS, the
Exchange's exclusive order router; the Exchange's membership fees at
away markets; and technical costs associated with routing.\3\ The
Exchange is proposing to increase all Customer and Professional Routing
Fees. The Exchange is increasing all Customer and Professional Routing
Fees by $0.05 per contract with the exception of the C2 Professional
Fee, which is being increased to $0.55 per contract (instead of $0.56
per contract).\4\ The Exchange is not proposing to amend Firm and
Market Maker Routing Fees at this time. The Exchange does not believe
it is necessary to increase Firm and Market Maker Routing Fees beyond
that which Firms and Market Makers are assessed today for routing
away.\5\
---------------------------------------------------------------------------

    \3\ In addition to membership fees and transaction fees, the
Exchange also incurs an Options Regulatory Fee when routing to an
away market that assesses that fee.
    \4\ The Professional Routing Fee to C2 is currently $0.51 per
contract.
    \5\ Today, Firms and Market Makers are assessed a Routing Fee of
$0.55 per contract when routing to any away market.
---------------------------------------------------------------------------

    As with all fees, the Exchange may adjust these Routing Fees in
response to competitive conditions by filing a new proposed rule
change. While changes to the Fee Schedule pursuant to this proposal are
effective upon filing, the Exchange has designated these changes to be
operative on March 1, 2012.
2. Statutory Basis
    NASDAQ believes that the proposed rule changes are consistent with
the provisions of Section 6 of the Act,\6\ in general, and with Section
6(b)(4) of the Act,\7\ in particular, in that it provides for the
equitable allocation of reasonable dues, fees and other charges among
members and issuers and other persons using any facility or system
which NASDAQ operates or controls.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f.
    \7\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes that the proposed Routing Fees are reasonable
because the fees would allow the Exchange to recoup costs associated
with routing both Customer and Professional orders to away markets. The
Exchange believes that these fees will assist it in recouping costs the
Exchange incurs by utilizing NOS, maintaining membership fees at away
markets and technical expenses associated with the routing process.\8\
The proposed fees also continue to recoup transaction fees assessed by
the respective away market, which vary, and standard clearing charges
for each transaction, which fees are incurred by the Exchange when
routing to away markets. Firms may avoid routing charges by either
routing orders themselves directly to the away market that is at the
NBBO, or by marking the order with an instruction to not route the
order.
---------------------------------------------------------------------------

    \8\ In addition to membership fees and transaction fees, the
Exchange also incurs an Options Regulatory Fee when routing to an
away market that assesses that fee.
---------------------------------------------------------------------------

    The Exchange also believes that the proposed Routing Fees are
equitable and not unfairly discriminatory because the fees would be
uniformly applied to all Customers and Professionals. The Exchange's
proposed fees are calculated to distribute the costs associated with
routing among the various away markets. The Exchange determined not to
amend the Firm and Market Maker Routing Fees, which are currently the
highest Routing Fees ($0.55 per contract) for each away market. In
addition, the Exchange determined to increase the C2 Professional
Routing Fee to $0.55 per contract, instead of $0.56 per contract \9\ in
order that the Routing Fee would not exceed those fees currently
assessed for Firm and Market Maker orders that are routed to an away
market. The Exchange determined that in light of other fees, the
current Firm and Market Maker Routing Fees for routing to all away
markets are within the range of fees that are proposed for other away
markets. The Exchange does not believe that it is necessary at this
time to assess additional Routing Fees to Firms and Market Makers to
route to an away market.
---------------------------------------------------------------------------

    \9\ The Exchange is increasing all Customer and Professional
Routing Fees by $0.05 per contract with the exception of the C2
Professional Fee, which is being increased to $0.55 per contract.
---------------------------------------------------------------------------

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

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

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\10\ 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. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

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-NASDAQ-2012-027on 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-NASDAQ-2012-027. 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 the filing also will 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 Number SR-NASDAQ-2012-027 and should
be submitted on or before March 15, 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. 2012-4149 Filed 2-22-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: July 15, 2010 (Volume 75, Number 135)]
[Notices]
[Page 41252-41254]
[DOCID:fr15jy10-106]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62471; File No. SR-NYSEArca-2010-64]

Self-Regulatory Organizations; Notice of Filing of Proposed Rule
Change by NYSE Arca, Inc. Relating to Listing of the Wilshire Micro-Cap
ETF

July 8, 2010.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on July 1, 2010, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. 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\ 15 U.S.C. 78a.
    \3\ 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 list and trade shares of the Wilshire
Micro-Cap ETF under NYSE Arca Equities Rule 5.2(j)(3). The text of the
proposed rule change is available at the Exchange, the Commission's
Public Reference Room, and http://www.nyse.com.

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

    In its filing with the Commission, the self-regulatory organization
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 those 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 parts of such statements.

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

1. Purpose
    The Exchange proposes to list and trade the Shares of the Wilshire
Micro-Cap ETF (the ``Fund'') under NYSE Arca Equities Rule 5.2(j)(3),
the Exchange's listing standards for Investment Company Units
(``Units'').\4\ The Fund is a series of the Claymore Exchange-Traded
Fund Trust.
---------------------------------------------------------------------------

    \4\ An Investment Company Unit is a security that represents an
interest in a registered investment company that holds securities
comprising, or otherwise based on or representing an interest in, an
index or portfolio of securities (or holds securities in another
registered investment company that holds securities comprising, or
otherwise based on or representing an interest in, an index or
portfolio of securities). See NYSE Arca Equities Rule 5.2(j)(3)(A).
---------------------------------------------------------------------------

    The Fund seeks investment results that correspond generally to the
performance, before the Fund's fees and expenses, of the Wilshire US
Micro-Cap Index\SM\ (the ``Wilshire Micro-Cap'' or the ``Index'').\5\
---------------------------------------------------------------------------

    \5\ See the Claymore Exchange-Traded Fund Trust's registration
statement on Form N-1A, dated May 18, 2010 (File Nos. 333-134551;
811-21906) (``Registration Statement''). Statements herein regarding
the Fund, the Shares and the Wilshire US Micro-Cap Index are based
on the Registration Statement.
---------------------------------------------------------------------------

    The Exchange is submitting this proposed rule change because the
Index for the Fund does not meet all of the ``generic'' listing
requirements of Commentary .01(a)(A) to NYSE Arca Equities Rule
5.2(j)(3) applicable to listing of ICUs based on US indexes. The Index
meets all such requirements except for those set forth in Commentary
.01(a)(A)(1) \6\ and

.01(a)(A)(5).\7\ Specifically, as of April 21, 2010, 76.93% of the
weight of the Index components have a market capitalization greater
than $75 million. In addition, as of April 21, 2010, the Index included
201 non-NMS stocks out of a total of approximately 1,564 components in
the Index. Thus, non-NMS stocks comprised approximately 12.8% of the
number of stocks in the Index. Stocks comprising 97.3% of the weight of
the Index were NMS stocks.\8\
---------------------------------------------------------------------------

    \6\ Commentary .01(a)(A)(1) to NYSE Arca Equities Rule 5.2(j)(3)
provides that component stocks (excluding Units and securities
defined in Section 2 of Rule 8, collectively, ``Derivative
Securities Products'') that in the aggregate account for at least
90% of the weight of the index or portfolio (excluding such
Derivative Securities Products) each shall have a minimum market
value of at least $75 million.
    \7\ Commentary .01(a)(A)(5) to NYSE Arca Equities Rule 5.2(j)(3)
provides that all securities in the index or portfolio shall be US
Component Stocks listed on a national securities exchange and shall
be NMS Stocks as defined in Rule 600 of Regulation NMS under the
Securities Exchange Act of 1934 (17 U.S.C. 78a) (``Act''). NYSE Arca
Equities Rule 5.2(j)(3) defines the term ``US Component Stock'' as
an equity security that is registered under Sections 12(b) or 12(g)
of the Act or an American Depositary Receipt, the underlying equity
security of which is registered under Sections 12(b) or 12(g) of the
Act.
    \8\ Non-NMS stocks are traded either on the OTC Bulletin Board
or the Pink OTC Markets.
---------------------------------------------------------------------------

    According to the Registration Statement, the Fund, using a low cost
``passive'' or ``indexing'' investment approach, will seek to
replicate, before the Fund's fees and expenses, the performance of the
Wilshire Micro-Cap. The Wilshire Micro-Cap is a rules-based index
comprised of approximately 1,564 securities of micro-capitalization
companies as of March 31, 2010, as defined by Wilshire Associates
Incorporated (``Wilshire'' or the ``Index Provider''). The Wilshire
Micro-Cap is designed to represent micro-sized companies and is a
subset of the Wilshire 5000 Total Market Index\SM\ (the ``Wilshire
5000''). The Wilshire Micro-Cap represents a float-adjusted, market
capitalization-weighted index of the issues ranked below 2500 by market
capitalization of the Wilshire 5000.
    The Exchange represents that: (1) Except for Commentary
.01(a)(A)(1) and .01(a)(A)(5) to NYSE Arca Equities Rule 5.2(j)(3), the
Shares of the Fund currently satisfy all of the generic listing
standards under NYSE Arca Equities Rule 5.2(j)(3); (2) the continued
listing standards under NYSE Arca Equities Rules 5.2(j)(3) and
5.5(g)(2) applicable to Units shall apply to the Shares; and (3) the
Trust is required to comply with Rule 10A-3 \9\ under the Act for the
initial and continued listing of the Shares. In addition, the Exchange
represents that the Shares will comply with all other requirements
applicable to Units including, but not limited to, requirements
relating to the dissemination of key information such as the value of
the Index and Intraday Indicative Value, rules governing the trading of
equity securities, trading hours, trading halts, surveillance, and
Information Bulletin to ETP Holders, as set forth in Exchange rules
applicable to Units and prior Commission orders approving the generic
listing rules applicable to the listing and trading of Units.\10\
---------------------------------------------------------------------------

    \9\ 17 CFR 240.10A-3.
    \10\ See, e.g., Securities Exchange Act Release No. 44551 (July
12, 2001), 66 FR 37716 (July 19, 2001) (SR-PCX-2001-14) (order
approving generic listing standards for Units and Portfolio
Depositary Receipts); Securities Exchange Act Release No. 41983
(October 6, 1999), 64 FR 56008 (October 15, 1999) (SR-PCX-98-29)
(order approving rules for listing and trading of Units).
---------------------------------------------------------------------------

    The Exchange believes that, notwithstanding the fact that the Index
does not meet certain generic listing criteria in NYSE Arca Equities
Rule 5.2(j)(3), Commentary .01, the Index is sufficiently broad-based,
and the Index stocks are sufficiently liquid to deter potential
manipulation. As of June 9, 2010, the average market capitalization of
Index stocks was $82.52 million, 62.82% of the Index weight was
comprised of stocks with a global monthly trading volume of greater
than one million shares, and 77.82% of the Index weight was comprised
of stocks with a global monthly trading volume of greater than 500,000
shares. The average global monthly trading volume for Index stocks for
the period December 2009 through May 2010 ranged from 3.7 million to
9.7 million shares. In addition, as of April 21, 2010, stocks
comprising only 2.7% of the Index weight were non-NMS stocks.
    Detailed descriptions of the Fund, the Index, procedures for
creating and redeeming Shares, transaction fees and expenses,
dividends, distributions, taxes, risks, and reports to be distributed
to beneficial owners of the Shares can be found in the Registration
Statement or on the Web site for the Fund (http://www.claymore.com), as
applicable.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) \11\ of
the Act, in general, and furthers the objectives of Section
6(b)(5),\12\ in particular, in that it is 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, and to
remove impediments to and perfect the mechanisms of a free and open
market and a national market system. The Exchange believes that the
proposed rule change will facilitate the listing and trading of an
additional type of exchange-traded product that will enhance
competition among market participants, to the benefit of investors and
the marketplace.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

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

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

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

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve the proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2010-64 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-NYSEArca-2010-64. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room, 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 also will 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 Number SR-
NYSEArca-2010-64 and should be submitted on or before August 5, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-17192 Filed 7-14-10; 8:45 am]
BILLING CODE 8010-01-P


The permittee shall submit quarterly written deviation (excursion) reports to the Cleveland DAQ that identify all periods of time during which the inlet plenum pressure across the Melt Shop baghouse did not comply with the allowable minimum inlet plenum pressure reading specified in c)(1).
If the results of monitoring or record keeping data indicate that the particulate emission limitations may have been exceeded, the permittee shall submit the results of that data, and document any corrective action taken to restore operation of the emissions unit, or its control equipment to its normal or usual manner of operation as expeditiously as practicable in accordance with good air pollution control practices for minimizing emissions.  The reports shall be submitted in accordance with the Standard Terms and Conditions of this permit.
Unless other arrangements have been approved by the Director, all notifications and reports shall be submitted through the Ohio EPA's eBusiness Center:  Air Services online web portal.
Testing Requirements
Compliance with the Emissions Limitations and/or Control Requirements specified in b) of these terms and conditions shall be determined in accordance with the following methods:
Emission Limitation:
PM emissions shall not exceed 1.15 lbs/hr (stack and fugitive combined)   P902
Applicable Compliance Method:
Compliance with this emission limitation may be determined through the use of the emission factor for the continuous casting steel processing (1.0 lb/ton) which multiplied by the maximum hourly steel process rate of the emissions unit (110 tons per hour), multiplied by (0.9995) which is the capture efficiency, and (1-0.99) which is the control efficiency for the baghouse for the stack portion of the PM emissions. Use the emission factor for continuous casting steel processing (1.0 lb/ton) which is multiplied by the maximum hourly steel process rate of the emissions unit (110 tons per hour), multiplied by (1-0.9995) for the fugitive portion of the PM emissions.  Add the stack and fugitive emissions portions.
Emission Limitation:
4.42 TPY of PM emissions (stack and fugitive combined)    P902
Applicable Compliance Method:
Compliance with this annual emission limitation may be determined through the use of the emission factor for continuous casting steel processing (1.0 lb/ton) which multiplied by the actual annual steel process rate of the emissions unit (in tons/year), multiplied by (0.9995) which is the capture efficiency, (1-0.99) which is the control efficiency for the baghouse, and dividing by the factor of (2,000 lbs/ton) for the stack portion of the PM emissions.  Use the emission factor for continuous casting steel processing (1.0 lb/ton) which is multiplied by the actual annual amount of steel produced (in tons per rolling 12 months), multiplied by (1-0.9995), and dividing by the factor of (2,000 lbs/ton) for the fugitive portion of the PM emissions.  Add the stack and fugitive emissions portions.
Emissions testing shall be conducted in accordance with section B.5.
Miscellaneous Requirements
The following PTIs were previously issued for emissions unit P902:
PTI #13-04176 issued on 6/10/2004;
PTI admin mod #13-04176 issued on 2/12/2008;
PTI admin mod #P0107543 issued on 3/10/2011; and
PTI admin mod #P0111766 issued on 12/28/2012.
The above PTIs are superseded by this permit for this emissions unit.

 Emissions Unit Group -10 mmBtu/hr ladle preheaters:  P035,P036,P037,P038
EU ID
Operations, Property and/or Equipment Description
P035
number 1 natural gas fired ladle preheater and dryer rated at 10 mmBtu/hr  vented to the melt shop baghouse
P036
number 2 natural gas fired ladle preheater and dryer rated at 10 mmBtu/hr  vented to the melt shop baghouse
P037
number 3 natural gas fired ladle preheater and dryer rated at 10 mmBtu/hr  vented to the melt shop baghouse
P038
number 4 natural gas fired ladle preheater and dryer rated at 10 mmBtu/hr  vented to the melt shop baghouse

      The P035-P038 melt shop baghouse capture system includes multiple roof canopies (EAF canopies and caster canopy).
 The following emissions unit terms and conditions are federally enforceable with the exception of those listed below which are enforceable under state law only:
None.
Applicable Emissions Limitations and/or Control Requirements
The specific operation(s), property, and/or equipment that constitute each emissions unit along with the applicable rules and/or requirements and with the applicable emissions limitations and/or control measures are identified below.  Emissions from each unit shall not exceed the listed limitations, and the listed control measures shall be specified in narrative form following the table.

Applicable Rules/Requirements
Applicable Emissions Limitations/Control Measures
a.
OAC rule 3745-31-05(A)(3)
See g)(1) below.
Sulfur dioxide (SO2) emissions shall not
exceed 0.006 lb/hr and 0.01 ton/year for each emissions unit.
The requirements of this rule also include compliance with the requirements of OAC rules 3745-31-10 through 20, and OAC rule 3745-18-06(A).
b.
OAC rules 3745-31-10 through 20 (PSD)

PM/PM10 emissions shall not exceed 0.074 lb/hr and 0.14 ton/year (filterable plus condensable, stack and fugitive combined) for each emissions unit.
Carbon monoxide (CO) emissions shall not exceed 0.82 lb/hr and 1.55 tons/year for each emissions unit.
Nitrogen oxide (NOx) emissions shall not exceed 0.98 lb/hr and 1.84 tons/year for each emissions unit.
Volatile Organic Compounds (VOC) emissions shall not exceed 0.05 lb/hr and 0.1 ton/year for each emissions unit.
Organic compound (OC) emissions shall not exceed 0.1 lb/hr and 0.2 ton/year for each emissions unit.
See b)(2)a. below.
The hourly emissions of these pollutants from the Melt Shop baghouse shall not exceed the limits identified in section B.5.
c.
OAC rule 3745-17-07(A)(1)

The stack opacity limitation specified by this rule is less stringent than the stack opacity limitation established pursuant to OAC rules 3745-31-10 through 20 per section B.5.
d.
OAC rule 3745-17-10(B)(1)

The particulate emission limitation specified by this rule is less stringent than the particulate emission limitation established pursuant to OAC rules 3745-31-10 through 20 per b)(1)b.
e.
OAC rule 3745-18-06(A)

Exempt pursuant to OAC rule 3745-18- 06(A) when burning natural gas.

Additional Terms and Conditions
Based on the "Prevention of Significant Deterioration" (PSD) analysis conducted through PTI #13-04176 issued on 6/10/2004 to ensure the application of "Best Available Control Technology" (BACT), it has been determined that the use of natural gas as fuel, acceptance of a NOx emission limitation of 100 lbs/MMcf and acceptance of a CO emission limitation of 84 lbs/MMcf constitutes BACT for this emission unit. The emission limits based on the BACT requirements are listed under OAC rules 3745-31-10 through 20 above.
There is no increase of the previous allowable emission limits as a result of the proposed Melt Shop expansion project for this emissions unit.  Instead, the permittee has a requested a reduction of the annual allowable emission limit pursuant to the project emission increase analysis that was performed.
Operational Restrictions
The permittee shall burn only natural gas in this emissions unit.
The emissions from P035, P036, P037, and P038 shall be vented to the melt shop baghouse.
Monitoring and/or Recordkeeping Requirements
For each day during which the permittee burns a fuel other than natural gas, the permittee shall maintain a record of the type and quantity of fuel burned in this emissions unit.
Reporting Requirements
The permittee shall submit deviation (excursion) reports to the Cleveland Division of Air Quality (Cleveland DAQ) that identify each day when a fuel other than natural gas was burned in this emissions unit.  Each report shall be submitted within 30 days after the deviation occurs.
Unless other arrangements have been approved by the Director, all notifications and reports shall be submitted through the Ohio EPA's eBusiness Center:  Air Services online web portal.
Testing Requirements
Compliance with the Emissions Limitations and/or Control Requirements specified in b) of these terms and conditions shall be determined in accordance with the following methods:
Emission Limitation:
PM/PM10 emissions shall not exceed 0.074 lb/hr (filterable plus condensable, stack and fugitive combined) for each emissions unit.
Applicable Compliance Method:
When firing natural gas, compliance shall be determined by multiplying an emission factor of 7.6 lbs of particulates/mmcf (filterable plus condensable) by the emissions unit's maximum hourly natural gas firing rate (0.0098 mmcf/hr).  The emission factor is specified in U.S. EPA reference document AP-42, Fifth Edition, Compilation of Air Pollution Emission Factors, Section 1.4, Table 1.4-2 (7/98).

Emission Limitation:
0.14 TPY of PM/PM10 emissions (filterable plus condensable, stack and fugitive combined) for each emissions unit
Applicable Compliance Method(s):
Compliance shall be determined by multiplying the AP-42 emission factor of 7.6 lbs of PM/mmcf (filterable plus condensable) by the actual annual amount of natural gas combusted in this emissions unit (in mmcf/year) and divide by the factor of 2000 lbs/ton.  The amount of natural gas combusted shall be determined by multiplying actual annual steel process rate of the melt shop (in tons/rolling 12 months) by the natural gas consumption to steel process ratio of 0.000146 mmcf/ton.
Emission Limitation:
CO emissions shall not exceed 0.82 lb/hr for each emissions unit.
Applicable Compliance Method:
When firing natural gas, compliance shall be determined by multiplying an emission factor of 84 lbs of CO/mmcf by the emissions unit's maximum hourly natural gas firing rate (0.0098 mmcf/hr).  The emission factor is specified in U.S. EPA reference document AP-42, Fifth Edition, Compilation of Air Pollution Emission Factors, Section 1.4, Table 1.4-1 (7/98).
If required, the permittee may demonstrate compliance with this emission limitation in accordance with the testing requirement for the combined allowable emissions as described in section B.5.
Emission Limitation:
1.55 TPY of CO emissions for each emissions unit
Applicable Compliance Method:
Compliance shall be determined by multiplying the AP-42 emission factor of 84 lbs of CO/mmcf by the actual annual amount of natural gas combusted in this emissions unit (in mmcf/year) and divide by the factor of 2000 lbs/ton.  The amount of natural gas combusted shall be determined by multiplying actual annual steel process rate of the melt shop (in tons/rolling 12 months) by the natural gas consumption to steel process ratio of 0.000146 mmcf/ton.
Emission Limitation:
NOx emissions shall not exceed 0.98 lb/hr for each emissions unit.

Applicable Compliance Methods:
When firing natural gas, compliance shall be determined by multiplying an emission factor of 100 lbs of NOx/mmcf by the emissions unit's maximum hourly natural gas firing rate (0.0098 mmcf/hr). The emission factor is specified in U.S. EPA reference document AP-42, Fifth Edition, Compilation of Air Pollution Emission Factors, Section 1.4, Table 1.4-1 (7/98).
If required, the permittee may demonstrate compliance with this emission limitation in accordance with the testing requirement for the combined allowable emissions as described in section B.5.
Emission Limitation:
1.84 TPY of NOx emissions for each emissions unit
Applicable Compliance Method:
Compliance shall be determined by multiplying the AP-42 emission factor of 100 lbs of NOx/mmcf by the actual annual amount of natural gas combusted in this emissions unit (in mmcf/year) and divide by the factor of 2000 lbs/ton.  The amount of natural gas combusted shall be determined by multiplying actual annual steel process rate of the melt shop (in tons/rolling 12 months) by the natural gas consumption to steel process ratio of 0.000146 mmcf/ton.
Emission Limitation:
VOC emissions shall not exceed 0.05 lb/hr for each emissions unit.
Applicable Compliance Method:
When firing natural gas, compliance shall be determined by multiplying an emission factor of 5.5 lbs of VOC/mmcf by the emissions unit's maximum hourly natural gas firing rate (0.0098 mmcf/hr).  The emission factor is specified in U.S. EPA reference document AP-42, Fifth Edition, Compilation of Air Pollution Emission Factors, Section 1.4, Table 1.4-2 (7/98).
If required, the permittee may demonstrate compliance with this emission limitation in accordance with the testing requirement for the combined allowable emissions as described in section B.5.
Emission Limitation:
0.1 TPY of VOC emissions for each emissions unit
Applicable Compliance Method:
Compliance shall be determined by multiplying the AP-42 emission factor of 5.5 lbs of VOC/mmcf by the actual annual amount of natural gas combusted in this emissions unit (in mmcf/year) and divide by the factor of 2000 lbs/ton.  The amount of natural gas combusted shall be determined by multiplying actual annual steel process rate of the melt shop (in tons/rolling 12 months) by the natural gas consumption to steel process ratio of 0.000146 mmcf/ton.
Emission Limitation:
SO2 emissions shall not exceed 0.006 lb/hr for each emissions unit.
Applicable Compliance Method(s):
When firing natural gas, compliance shall be determined by multiplying an emission factor of 0.6 lb of SO2/mmcf by the emissions unit's maximum hourly natural gas firing rate (0.0098 mmcf/hr). The emission factor is specified in U.S. EPA reference document AP-42, Fifth Edition, Compilation of Air Pollution Emission Factors, Section 1.4, Table 1.4-2 (7/98).
If required, the permittee may demonstrate compliance with this emission limitation in accordance with the testing requirement for the combined allowable emissions as described in section B.5.
Emission Limitation:
0.01 TPY of SO2 emissions for each emissions unit
Applicable Compliance Method:
Compliance shall be determined by multiplying the AP-42 emission factor of 0.6 lb of SO2/mmcf by the actual annual amount of natural gas combusted in this emissions unit (in mmcf/year) and divide by the factor of 2000 lbs/ton.  The amount of natural gas combusted shall be determined by multiplying actual annual steel process rate of the melt shop (in tons/rolling 12 months) by the natural gas consumption to steel process ratio of 0.000146 mmcf/ton.
Emission Limitation:
OC emissions shall not exceed 0.10 lb/hr for each emissions unit.
Applicable Compliance Method:
When firing natural gas, compliance shall be determined by multiplying an emission factor of 11 lbs of OC/mmcf by the emissions unit's maximum hourly natural gas firing rate (0.0098 mmcf/hr). The emission factor is specified in U.S. EPA reference document AP-42, Fifth Edition, Compilation of Air Pollution Emission Factors, Section 1.4, Table 1.4-2 (7/98).
Emission Limitation:
0.2 TPY of OC emissions for each emissions unit

Applicable Compliance Method:
Compliance shall be determined by multiplying the AP-42 emission factor of 11 lbs of OC/mmcf by the actual annual amount of natural gas combusted in this emissions unit (in mmcf/year) and divide by the factor of 2000 lbs/ton.  The amount of natural gas combusted shall be determined by multiplying actual annual steel process rate of the melt shop (in tons/rolling 12 months) by the natural gas consumption to steel process ratio of 0.000146 mmcf/ton.
Miscellaneous Requirements
The following PTIs were previously issued for emissions units P035  -  P038:
PTI #13-04176 issued on 6/10/2004;
PTI admin mod #13-04176 issued on 2/12/2008; and
PTI admin mod #P0107611 issued on 3/10/2011.
The above PTIs are superseded by this permit for these emissions units.
 Emissions Unit Group -12.0 mmBtu/hr tundish preheaters:  P032,P033,P034,
EU ID
Operations, Property and/or Equipment Description
P032
number 1 natural gas fired tundish preheater rated at 12.0 mmBtu/hr vented to the melt shop baghouse
P033
number 2 natural gas fired tundish preheater rated at 12.0 mmBtu/hr vented to the melt shop baghouse
P034
number 3 natural gas fired tundish preheater rated at 12.0 mmBtu/hr vented to the melt shop baghouse

      The P032-P034 melt shop baghouse capture system includes multiple roof canopies (EAF canopies and caster canopy).
 The following emissions unit terms and conditions are federally enforceable with the exception of those listed below which are enforceable under state law only:
None.
Applicable Emissions Limitations and/or Control Requirements
The specific operation(s), property, and/or equipment that constitute each emissions unit along with the applicable rules and/or requirements and with the applicable emissions limitations and/or control measures are identified below.  Emissions from each unit shall not exceed the listed limitations, and the listed control measures shall be specified in narrative form following the table.

Applicable Rules/Requirements
Applicable Emissions Limitations/Control Measures
a.
OAC rule 3745-31-05(A)(3)
See g)(1) below.
Sulfur dioxide (SO2) emissions shall not exceed 0.007 lb/hr and 0.017 ton/year for each emissions unit.
The requirements of this rule also include
compliance with the requirements of
OAC rules 3745-31-10 through 20.
b.
OAC rules 3745-31-10 through 20 (PSD)

PM/PM10 emissions shall not exceed 0.09 lb/hr and 0.2 ton/year (filterable plus condensable, stack and fugitive combined) for each emissions unit.
Carbon monoxide (CO) emissions shall not exceed 0.99 lb/hr and 2.28 tons/year for each emissions unit.
Nitrogen oxide (NOx) emissions shall not exceed 1.18 lbs/hr and 2.71 tons/year for each emissions unit.
Volatile Organic Compounds (VOC) emissions shall not exceed 0.06 lb/hr and 0.15 ton/year for each emissions unit.
Organic compound (OC) emissions shall not exceed 0.13 lb/hr and 0.3 ton/year for each emissions unit.
See b)(2)a. below.
Total hourly emissions of these pollutants from the Melt Shop baghouse shall not exceed the limits identified in section B.5.
c.
OAC rule 3745-17-07(A)(1)

The stack opacity limitation specified by this rule is less stringent than the stack opacity limitation established pursuant to OAC rules 3745-31-10 through 20 per section B.5.
d.
OAC rule 3745-17-10(B)(1)
The particulate emission limitation specified by this rule is less stringent than the particulate emission limitation established pursuant to OAC rules 3745-31-10 through 20 per b)(1)b.
e.
OAC rule 3745-18-06(A)
Exempt pursuant to OAC rule 3745-18- 06(A) when burning natural gas.

Additional Terms and Conditions
Based on the "Prevention of Significant Deterioration" (PSD) analysis conducted through PTI #13-04176 issued on 6/10/2004 to ensure the application of "Best Available Control Technology" (BACT), it has been determined that the use of natural gas as fuel, acceptance of a NOx emission limitation of 100 lbs/MMcf and acceptance of a CO emission limitation of 84 lbs/MMcf constitutes BACT for this emission unit. The emission limits based on the BACT requirements are listed under OAC rules 3745-31-10 through 20 above.
There is no increase of the previous allowable emission limits as a result of the proposed Melt Shop expansion project for this emissions unit.  Instead, the permittee has a requested a reduction of the annual allowable emission limit pursuant to the project emission increase analysis that was performed.

Operational Restrictions
The permittee shall burn only natural gas in this emissions unit.
The emissions from P032, P033, and P034 shall be vented to the melt shop baghouse.
Monitoring and/or Recordkeeping Requirements
For each day during which the permittee burns a fuel other than natural gas, the permittee shall maintain a record of the type and quantity of fuel burned in this emissions unit.
Reporting Requirements
The permittee shall submit deviation (excursion) reports to the Cleveland Division of Air Quality (Cleveland DAQ) that identify each day when a fuel other than natural gas was burned in this emissions unit.  Each report shall be submitted within 30 days after the deviation occurs.
Unless other arrangements have been approved by the Director, all notifications and reports shall be submitted through the Ohio EPA's eBusiness Center:  Air Services online web portal.
Testing Requirements
Compliance with the Emissions Limitations and/or Control Requirements specified in b) of these terms and conditions shall be determined in accordance with the following methods:
Emission Limitation:
                         PM/PM10 emissions shall not exceed 0.09 lb/hr (filterable plus condensable, stack and fugitive combined) for each emissions unit.
Applicable Compliance Method:
When firing natural gas, compliance shall be determined by multiplying an emission factor of 7.6 lbs of particulates/mmcf (filterable plus condensable) by the emissions unit's maximum hourly natural gas firing rate (0.0118 mmcf/hr).  The emission factor is specified in U.S. EPA reference document AP-42, Fifth Edition, Compilation of Air Pollution Emission Factors, Section 1.4, Table 1.4-2 (7/98).
If required, the permittee may demonstrate compliance with this emission limitation in accordance with the testing requirement for the combined allowable emissions as described in section B.5.
Emission Limitation:
                          0.2 TPY of PM/PM10 emissions (filterable plus condensable, stack and fugitive combined) for each emissions unit
Applicable Compliance Method(s):
Compliance shall be determined by multiplying the AP-42 emission factor of 7.6 lbs of PM/mmcf (filterable plus condensable) by the actual annual amount of natural gas combusted in this emissions unit (in mmcf/year) and divide by the factor of 2000 lbs/ton.  The amount of natural gas combusted shall be determined by multiplying actual annual steel process rate of the melt shop (in tons/rolling 12 months) by the natural gas consumption to steel process ratio of 0.000161 mmcf/ton.
Emission Limitation:
                         CO emissions shall not exceed 0.99 lb/hr for each emissions unit.
Applicable Compliance Method:
When firing natural gas, compliance shall be determined by multiplying an emission factor of 84 lbs of CO/mmcf by the emissions unit's maximum hourly natural gas firing rate (0.0118 mmcf/hr).  The emission factor is specified in U.S. EPA reference document AP-42, Fifth Edition, Compilation of Air Pollution Emission Factors, Section 1.4, Table 1.4-2 (7/98).
                         If required, the permittee may demonstrate compliance with this emission limitation in accordance with the testing requirement for the combined allowable emissions as described in section B.5.
Emission Limitation:
                          2.28 TPY of CO emissions for each emissions unit
Applicable Compliance Method:
Compliance shall be determined by multiplying the AP-42 emission factor of 84 lbs of CO/mmcf by the actual annual amount of natural gas combusted in this emissions unit (in mmcf/year) and divide by the factor of 2000 lbs/ton.  The amount of natural gas combusted shall be determined by multiplying actual annual steel process rate of the melt shop (in tons/rolling 12 months) by the natural gas consumption to steel process ratio of 0.000161 mmcf/ton.
Emission Limitation:
                         NOx emissions shall not exceed 1.18 lbs/hr for each emissions unit.
Applicable Compliance Methods:
When firing natural gas, compliance shall be determined by multiplying an emission factor of 100 lbs of NOx/mmcf by the emissions unit's maximum hourly natural gas firing rate (0.0118 mmcf/hr). The emission factor is specified in U.S. EPA reference document AP-42, Fifth Edition, Compilation of Air Pollution Emission Factors, Section 1.4, Table 1.4-2 (7/98).
If required, the permittee may demonstrate compliance with this emission limitation in accordance with the testing requirement for the combined allowable emissions as described in section B.5.
Emission Limitation:
                         2.71 TPY of NOx emissions for each emissions unit
Applicable Compliance Method(s):
Compliance shall be determined by multiplying the AP-42 emission factor of 100 lbs of NOx/mmcf by the actual annual amount of natural gas combusted in this emissions unit (in mmcf/year) and divide by the factor of 2000 lbs/ton.  The amount of natural gas combusted shall be determined by multiplying actual annual steel process rate of the melt shop (in tons/rolling 12 months) by the natural gas consumption to steel process ratio of 0.000161 mmcf/ton.
Emission Limitation:
                         VOC emissions shall not exceed 0.06 lb/hr for each emissions unit.
Applicable Compliance Method:
When firing natural gas, compliance shall be determined by multiplying an emission factor of 5.5 lbs of VOC/mmcf by the emissions unit's maximum hourly natural gas firing rate (0.0118 mmcf/hr).  The emission factor is specified in U.S. EPA reference document AP-42, Fifth Edition, Compilation of Air Pollution Emission Factors, Section 1.4, Table 1.4-2 (7/98).
                         If required, the permittee may demonstrate compliance with this emission limitation in accordance with the testing requirement for the combined allowable emissions as described in section B.5.
Emission Limitation:
                         0.15 TPY of VOC emissions for each emissions unit
Applicable Compliance Method:
Compliance shall be determined by multiplying the AP-42 emission factor of 5.5 lbs of VOC/mmcf by the actual annual amount of natural gas combusted in this emissions unit (in mmcf/year) and divide by the factor of 2000 lbs/ton.  The amount of natural gas combusted shall be determined by multiplying actual annual steel process rate of the melt shop (in tons/rolling 12 months) by the natural gas consumption to steel process ratio of 0.000161 mmcf/ton.
Emission Limitation:
                         SO2 emissions shall not exceed 0.007 lb/hr for each emissions unit.

Applicable Compliance Methods:
When firing natural gas, compliance shall be determined by multiplying an emission factor of 0.6 lb of SO2/mmcf by the emissions unit's maximum hourly natural gas firing rate (0.0118 mmcf/hr). The emission factor is specified in U.S. EPA reference document AP-42, Fifth Edition, Compilation of Air Pollution Emission Factors, Section 1.4, Table 1.4-2 (7/98).
                         If required, the permittee may demonstrate compliance with this emission limitation in accordance with the testing requirement for the combined allowable emissions as described in section B.5.
Emission Limitation:
                         0.017 TPY of SO2 emissions for each emissions unit
Applicable Compliance Method(s):
Compliance shall be determined by multiplying the AP-42 emission factor of 0.6 lb of SO2/mmcf by the actual annual amount of natural gas combusted in this emissions unit (in mmcf/year) and divide by the factor of 2000 lbs/ton.  The amount of natural gas combusted shall be determined by multiplying actual annual steel process rate of the melt shop (in tons/rolling 12 months) by the natural gas consumption to steel process ratio of 0.000161 mmcf/ton.
Emission Limitation:
                         OC emissions shall not exceed 0.13 lb/hr for each emissions unit.
Applicable Compliance Method:
When firing natural gas, compliance shall be determined by multiplying an emission factor of 11 lbs of OC/mmcf by the emissions unit's maximum hourly natural gas firing rate (0.0118 mmcf/hr). The emission factor is specified in U.S. EPA reference document AP-42, Fifth Edition, Compilation of Air Pollution Emission Factors, Section 1.4, Table 1.4-2 (7/98).
Emission Limitation:
                         0.3 TPY of OC emissions for each emissions unit
Applicable Compliance Method:
Compliance shall be determined by multiplying the AP-42 emission factor of 11 lbs of OC/mmcf by the actual annual amount of natural gas combusted in this emissions unit (in mmcf/year) and divide by the factor of 2000 lbs/ton.  The amount of natural gas combusted shall be determined by multiplying actual annual steel process rate of the melt shop (in tons/rolling 12 months) by the natural gas consumption to steel process ratio of 0.000161 mmcf/ton.

Miscellaneous Requirements
The following PTIs were previously issued for emissions units P032, P033, and P034:
PTI #13-04176 issued on 6/10/2004;
PTI admin mod #13-04176 issued on 2/12/2008; and
PTI admin mod #P0107543 issued on 3/10/2011.
The above PTIs are superseded by this permit for these emissions units.


[Federal Register Volume 76, Number 221 (Wednesday, November 16, 2011)]
[Notices]
[Pages 71013-71014]
[FR Doc No: 2011-29684]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Sunshine Act Meeting Notice

November 10, 2011.
    The following notice of meeting is published pursuant to section
3(a) of the government in the Sunshine Act (Pub. L. 94-409), 5 U.S.C.
552b:
AGENCY: Agency Holding Meeting: Federal Energy Regulatory Commission.

DATES: Date and Time: November 17, 2011, 10 a.m.

PLACE: Room 2C, 888 First Street NE., Washington, DC 20426.

STATUS: Open.

MATTERS TO BE CONSIDERED: Agenda.*

    Note: Items listed on the agenda may be deleted without further
notice.

CONTACT PERSON FOR MORE INFORMATION: Kimberly D. Bose, Secretary,
Telephone<PHONE_NUMBER>. For a recorded message listing items struck
from or added to the meeting, call<PHONE_NUMBER>.
    This is a list of matters to be considered by the Commission. It
does not include a listing of all documents relevant to the items on
the agenda. All public documents, however, may be viewed on line at the
Commission's Web site at http://www.ferc.gov using the eLibrary link,
or may be examined in the Commission's Public Reference Room.

975th Meeting

                                                 Regular Meeting
                                          [November 17, 2011, 10 a.m.]
----------------------------------------------------------------------------------------------------------------
      Item No.           Docket No.                                      Company
----------------------------------------------------------------------------------------------------------------
                                                 Administrative
----------------------------------------------------------------------------------------------------------------
A-1................  AD02-1-000........  Agency Business Matters.
A-2................  AD02-7-000........  Customer Matters, Reliability, Security and Market Operations.
A-3................  AD07-13-004.......  2011 Report on Enforcement.
----------------------------------------------------------------------------------------------------------------
                                                    Electric
----------------------------------------------------------------------------------------------------------------
E-1................  ER11-4574-000.....  PJM Interconnection, L.L.C. and Trans-Allegheny Interstate Line
                                          Company.
E-2................  RR11-1-002........  Nebraska Public Power District and Southwest Power Pool Regional
                                          Entity.
E-3................  ER11-3616-000,      California Independent System Operator Corporation.
                      ER11-3616-001.
E-4................  RD11-3-000........  North American Electric Reliability Corporation.
E-5................  RD11-10-000.......  North American Electric Reliability Corporation.
E-6................  RC11-1-001........  Cedar Creek Wind Energy, LLC.
                     RC11-2-001........  Milford Wind Corridor Phase I, LLC.
E-7................  EL11-33-001.......  Northeast Transmission Development, LLC.
E-8................  EL11-58-000.......  Duke Energy Ohio, Inc.
E-9................  ER05-1065-011,      Entergy Services, Inc.
                      OA07-32-008.
E-10...............  ER09-1273-002,      Westar Energy, Inc.
                      ER09-1273-004.
E-11...............  ER11-2875-001,      PJM Interconnection, L.L.C.
                      ER11-2875-002.
                     EL11-20-001.......  PJM Power Providers Group v. PJM Interconnection, L.L.C.
E-12...............  ER10-1706-001,      California Independent System Operator Corporation.
                      ER10-1706-002.
E-13...............  RR11-5-000........  North American Electric Reliability Corporation.
E-14...............  ER11-4215-000.....  Nevada Power Company.
----------------------------------------------------------------------------------------------------------------
                                                       Gas
----------------------------------------------------------------------------------------------------------------
G-1................  RM11-15-000.......  Bidding by Affiliates in Open Seasons for Pipeline Capacity.
G-2................  RP12-121-000......  Bear Creek Storage Company L.L.C.
G-3................  RP12-122-000......  MIGC LLC.
G-4................  RP12-123-000......  ANR Storage Company.
----------------------------------------------------------------------------------------------------------------
                                                      Hydro
----------------------------------------------------------------------------------------------------------------
H-1................  RM11-6-000........  Annual Charges for Use of Government Lands.
H-2................  P-2576-151........  FirstLight Hydro Generating Company.
H-3................  P-2601-015........  Duke Energy Carolinas, LLC.
H-4................  P-11858-004.......  The Nevada Hydro Company, Inc.
----------------------------------------------------------------------------------------------------------------

                                                  Certificates
----------------------------------------------------------------------------------------------------------------
C-1................  OMITTED...........  .......................................................................
C-2................  CP11-493-000......  Dominion Transmission, Inc.
C-3................  CP11-67-000, CP11-  Texas Eastern Transmission, LP.
                      67-001.
C-4................  CP11-36-001.......  Tennessee Gas Pipeline Company.
----------------------------------------------------------------------------------------------------------------

    A free webcast of this event is available through http://www.ferc.gov. Anyone with Internet access who desires to view this
event can do so by navigating to http://www.ferc.gov's Calendar of
Events and locating this event in the Calendar. The event will contain
a link to its webcast. The Capitol Connection provides technical
support for the free webcasts. It also offers access to this event via
television in the DC area and via phone bridge for a fee. If you have
any questions, visit http://www.CapitolConnection.org or contact
Danelle Springer or David Reininger at<PHONE_NUMBER>.
    Immediately following the conclusion of the Commission Meeting, a
press briefing will be held in the Commission Meeting Room. Members of
the public may view this briefing in the designated overflow room. This
statement is intended to notify the public that the press briefings
that follow Commission meetings may now be viewed remotely at
Commission headquarters, but will not be telecast through the Capitol
Connection service.

Kimberly D. Bose,
Secretary.
[FR Doc. 2011-29684 Filed 11-14-11; 11:15 am]
BILLING CODE 6717-01-P