[Federal Register Volume 81, Number 93 (Friday, May 13, 2016)]
[Proposed Rules]
[Pages 29821-29828]
[FR Doc No: 2016-10988]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2002-0021; FRL-9946-17-OAR]
RIN 2060-AN36

National Emission Standards for Hazardous Air Pollutants: Site
Remediation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; notice of reconsideration of final rule; request
for public comment.

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SUMMARY: This action proposes to amend the National Emission Standards
for Hazardous Air Pollutants (NESHAP): Site Remediation (Site
Remediation Rule) by removing exemptions from the rule for site
remediation activities performed under authority of the Comprehensive
Environmental Response and Compensation Liability Act (CERCLA) and for
site remediation activities performed under a Resource Conservation and
Recovery Act (RCRA) corrective action or other required RCRA order. The
Environmental Protection Agency (EPA) is also proposing to remove the
applicability requirement that site remediations be co-located with at
least one other stationary source regulated by another NESHAP. The EPA
is seeking comment on these issues, but is not requesting comment on
any other issues or provisions of the final Site Remediation Rule at
this time.

DATES: Comments. Comments must be received on or before June 27, 2016.
Under the Paperwork Reduction Act (PRA), comments on the information
collection provisions are best assured of consideration if the Office
of Management and Budget (OMB) receives a copy of your comments on or
before June 13, 2016.
    Public Hearing. If anyone contacts the EPA requesting a public
hearing by May 18, 2016, we will hold a public hearing on May 31, 2016.
If the EPA holds a public hearing, the EPA will keep the record of the
hearing open for 30 days after completion of the hearing to provide an
opportunity for submission of rebuttal and supplementary information.

ADDRESSES: Comments. Submit your comments, identified by Docket ID No.
EPA-HQ-OAR-2002-0021, at http://www.regulations.gov. Follow the on-line
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Instructions. Direct your comments to Docket ID No. EPA-HQ-OAR-
2002-0021. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
on-line at http://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be CBI or other information whose disclosure is restricted by
statute. Do not submit information that you consider to be CBI or
otherwise protected through http://www.regulations.gov or email. The
http://www.regulations.gov Web site is an ``anonymous access'' system,
which means the EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to the EPA without going through http://www.regulations.gov, your email address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, the EPA recommends that you include your name and other
contact information in the body of your comment and with any disk or
CD-ROM you submit. If the EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, the EPA may not
be able to consider your comment. Electronic files should not include
special characters or any form of encryption and be free of any defects
or viruses. For additional information about the EPA's public docket,
visit the EPA Docket Center homepage at http://www.epa.gov/dockets.
    A red-line version of the regulatory language that incorporates the
proposed changes in this action is available in the docket for this
action (Docket ID No. EPA-HQ-OAR-2002-0021).
    Docket: The EPA has established a docket for this rulemaking under
Docket ID No. EPA-HQ-OAR-2002-0021. All documents in the docket are
listed in the http://www.regulations.gov index. Although listed in the
index, some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the internet
and will be publicly available only in hard copy. Publicly available
docket materials are available either electronically in http://www.regulations.gov or in hard copy at the EPA Docket Center, Room
3334, EPA WJC West Building, 1301 Constitution Avenue NW., Washington,
DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Public Reading Room is<PHONE_NUMBER>,

and the telephone number for the EPA Docket Center is<PHONE_NUMBER>.
    Public Hearing: If a public hearing is requested by May 18, 2016,
it will be held on May 31, 2016 at the EPA's Research Triangle Park
Campus, 109 T.W. Alexander Drive, Research Triangle Park, NC 27711. The
hearing will convene at 10:00 a.m. (Eastern Standard Time) and end at
5:00 p.m. (Eastern Standard Time). A lunch break will be held from
12:00 p.m. (Eastern Standard Time) until 1:00 p.m. (Eastern Standard
Time). Please contact Ms. Virginia Hunt at<PHONE_NUMBER> or at
<EMAIL_ADDRESS>to request a hearing, to determine if a hearing
will be held, and to register to speak at the hearing, if one is held.
If a hearing is requested, the last day to pre-register in advance to
speak at the hearing will be May 25, 2016.
    Additionally, requests to speak will be taken the day of the
hearing at the hearing registration desk, although preferences on
speaking times may not be able to be fulfilled. If you require the
service of a translator or special accommodations such as audio
description, please let us know at the time of registration. If you
require an accommodation, we ask that you pre-register for the hearing,
as we may not be able to arrange such accommodations without advance
notice.
    If no one contacts the EPA requesting a public hearing to be held
concerning this proposed rule by May 18, 2016, a public hearing will
not take place. If a hearing is held, it will provide interested
parties the opportunity to present data, views, or arguments concerning
the proposed action. The EPA will make every effort to accommodate all
speakers who arrive and register. Because the hearing will be held at a
U.S. governmental facility, individuals planning to attend the hearing
should be prepared to show valid picture identification to the security
staff in order to gain access to the meeting room. Please note that the
REAL ID Act, passed by Congress in 2005, established new requirements
for entering federal facilities. If your driver's license is issued by
Alaska, American Samoa, Arizona, Kentucky, Louisiana, Maine,
Massachusetts, Minnesota, Montana, New York, Oklahoma, or the state of
Washington, you must present an additional form of identification to
enter the federal building. Acceptable alternative forms of
identification include: Federal employee badges, passports, enhanced
driver's licenses, and military identification cards. In addition, you
will need to obtain a property pass for any personal belongings you
bring with you. Upon leaving the building, you will be required to
return this property pass to the security desk. No large signs will be
allowed in the building, cameras may only be used outside of the
building, and demonstrations will not be allowed on federal property
for security reasons.
    The EPA may ask clarifying questions during the oral presentations,
but will not respond to the presentations at that time. Written
statements and supporting information submitted during the comment
period will be considered with the same weight as oral comments and
supporting information presented at the public hearing. Commenters
should notify Ms. Hunt if they will need specific equipment, or if
there are other special needs related to providing comments at the
hearing. Verbatim transcripts of the hearings and written statements
will be included in the docket for the rulemaking. The EPA will make
every effort to follow the schedule as closely as possible on the day
of the hearing; however, please plan for the hearing to run either
ahead of schedule or behind schedule. Again, a hearing will not be held
unless requested.

FOR FURTHER INFORMATION CONTACT: For questions about this proposed
action, contact Ms. Paula Hirtz, Refining and Chemicals Group, Sector
Policies and Programs Division (E143-01), Environmental Protection
Agency, Research Triangle Park, NC 27711; telephone number: (919) 541-
2618; fax number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
For information about the applicability of the NESHAP to a particular
entity, contact Tavara Culpepper, Office of Enforcement and Compliance
Assurance (OECA);<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Preamble Acronyms and Abbreviations. We use multiple acronyms and
terms in this preamble. While this list may not be exhaustive, to ease
the reading of this preamble and for reference purposes, the EPA
defines the following terms and acronyms here:

CAA Clean Air Act
CBI Confidential business information
CERCLA Comprehensive Environmental Response, Compensation, and
Liability Act
EPA Environmental Protection Agency
FR Federal Register
HAP Hazardous air pollutants
ICR Information collection request
NESHAP National Emission Standards for Hazardous Air Pollutants
NTTAA National Technology Transfer and Advancement Act
OMB Office of Management and Budget
PRA Paperwork Reduction Act
RCRA Resource Conservation and Recovery Act
RFA Regulatory Flexibility Act
UMRA Unfunded Mandates Reform Act

    Organization of this Document. The information in this preamble is
organized as follows:

I. General Information
    A. What is the source of authority for the reconsideration
action?
    B. Does this action apply to me?
    C. Where can I get a copy of this document and other related
information?
    D. What should I consider as I prepare my comments for the EPA?
II. Background
III. Discussion of the Proposed Action To Remove the CERCLA and RCRA
Exemption
    A. What is the EPA proposing regarding site remediations
performed under the authority of CERCLA or performed under a RCRA
corrective action or other required RCRA order?
    B. What compliance dates are we proposing?
IV. Summary of Cost, Environmental, and Economic Impacts and
Additional Analyses Conducted
    A. What are the affected sources?
    B. What are the air quality impacts?
    C. What are the cost impacts?
    D. What are the economic impacts?
    E. What are the benefits?
V. Solicitation of Public Comment and Participation
VI. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act (NTTAA)
    J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations

I. General Information

A. What is the source of authority for the reconsideration action?

    The statutory authority for this action is provided by sections 112
and 307(d)(7)(B) of the Clean Air Act (CAA) as amended (42 U.S.C. 7412
and 7607(d)(7)(B)).

B. Does this action apply to me?

    The table below lists the industry categories and entities
potentially regulated by this action and is not intended to be
exhaustive, but rather provides a guide for readers regarding the
entities that this proposed action is likely to affect. Parties
potentially affected by this action include major sources, as defined
in 40 CFR 63.2, that conduct one or more site remediations under the
authority of CERCLA or under a RCRA corrective action or other required
RCRA order; and any other site remediation that is a major source of
hazardous air pollutants (HAP) itself and is not co-located with
another facility regulated under 40 CFR 63. As defined under the
``Waste Treatment and Disposal'' industry sector in the ``Initial List
of Categories of Sources Under Section 112(c)(1) of the Clean Air Act
Amendments of 1990'' (see 57 FR 31576, July 16, 1992), the Site
Remediation source category includes any facility taking action to
remove, store, treat, and/or dispose of hazardous substances that have
been released into the environment (e.g., soil, groundwater, or other
environmental media). The table below is provided for illustrative
purposes only; to determine whether your site remediation is regulated
by this action, you should examine the applicability criteria in 40 CFR
63.7881 of subpart GGGGG (National Emission Standards for Hazardous Air
Pollutants: Site Remediation).

          Industrial Source Categories Affected by This Action
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                                     NAICS       Examples of regulated
        Industry category           Code \1\           entities
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Industry.........................     325110  Site remediation
                                      325180   activities at currently
                                      325199   operating or closed
                                      325211   businesses at which
                                      325320   organic materials
                                      333316   currently are or have
                                      562112   been in the past stored,
                                               processed, treated, or
                                               otherwise managed at the
                                               facility. These
                                               facilities include, but
                                               are not limited to:
                                               Manufacturing of
                                               petrochemicals, inorganic
                                               chemicals, organic
                                               chemicals, plastics and
                                               resins, pesticides and
                                               agricultural chemicals,
                                               and photographic and
                                               photocopying equipment;
                                               other warehousing and
                                               storage; and hazardous
                                               waste collection
                                               facilities.
Federal Government...............      92811  Federal agencies that
                                               conduct site remediation
                                               activities, including
                                               agencies or activities
                                               related to national
                                               security.
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\1\ North American Industry Classification System.

C. Where can I get a copy of this document and other related
information?

    In addition to being available in the docket, an electronic copy of
this action is available on the Internet through the EPA's Technology
Transfer Network (TTN) Web site, a forum for information and technology
exchange in various areas of air pollution control. Following signature
by the EPA Administrator, the EPA will post a copy of this proposed
action at http://www.epa.gov/ttn/atw/siterm/sitermpg.html. Following
publication in the Federal Register, the EPA will post the Federal
Register version of the proposal and key technical documents at this
same Web site.

D. What should I consider as I prepare my comments for the EPA?

    Do not submit information containing CBI to the EPA through http://www.regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to the EPA, mark the outside of the disk or CD-ROM
as CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, you must submit a copy of the comment that does not contain the
information claimed as CBI for inclusion in the public docket. If you
submit a CD-ROM or disk that does not contain CBI, mark the outside of
the disk or CD-ROM clearly that it does not contain CBI. Information
not marked as CBI will be included in the public docket and the EPA's
electronic public docket without prior notice. Information marked as
CBI will not be disclosed except in accordance with procedures set
forth in 40 CFR part 2. Send or deliver information identified as CBI
to only the following address: Ms. Paula Hirtz, c/o OAQPS Document
Control Officer (Room C404-02), U.S. EPA, Research Triangle Park, NC
27711, Attention: Docket ID No. EPA-HQ-OAR-2002-0021.

II. Background

    The EPA finalized the Site Remediation Rule on October 8, 2003 (68
FR 58172). The rule exempted site remediations performed under the
authority of CERCLA and those conducted under a RCRA corrective action
or other required RCRA order. The final rule also did not regulate
metal or other inorganic HAP due to the low potential of emissions of
these chemicals from site remediation activities. On December 8, 2003,
pursuant to section 307(d)(7)(B) of the CAA, the EPA received a
petition for reconsideration from Sierra Club, the Blue Ridge
Environmental Defense League, and Concerned Citizens for Nuclear
Safety. The reconsideration petition stated that (1) the EPA lacked the
statutory authority to exempt site remediation activities conducted
under the authority of CERCLA or RCRA from NESHAP requirements, and (2)
the EPA had a duty to set standards for each listed HAP emitted from a
source category.
    Petitioners also filed a petition for judicial review of the Site
Remediation Rule on December 5, 2003, in the United States Court of
Appeals for the District of Columbia Circuit (D.C. Circuit or Court)
under CAA section 307(b)(1). In response to the plaintiffs' and EPA's
joint motion, the D.C. Circuit held this action in abeyance by order
dated January 22, 2004, so that settlement discussions could take place
to assess whether the case could be resolved without the Court.
    On November 29, 2006, the EPA promulgated amendments to the Site
Remediation Rule (71 FR 69011), but did not resolve, address, or
respond to the issues in the petition for reconsideration. On October
14, 2014, the D.C. Circuit ordered the parties to show cause why the
case should not be administratively terminated, and on November 13,
2014, the parties filed a joint response informing the Court that they
were actively exploring a new approach. On March 25, 2015, the EPA
issued a letter to the petitioners granting reconsideration on the
issues raised in the petition and indicated that the agency would issue
a Federal Register notice regarding the reconsideration process. The
petition for reconsideration

is available for review in the rulemaking docket (see Docket ID No.
EPA-HQ-OAR-2002-0021-0024).
    The EPA now requests comment on the first of the two issues raised
in the December 8, 2003, petition for reconsideration: The exemption
for site remediations performed under the authority of CERCLA or RCRA.
We are not addressing the second issue, whether the EPA has a duty to
set standards for heavy metal HAP emissions from site remediation
activities, in this action. Since evaluation of this second issue fits
most naturally into the residual risk and technology review (RTR)
process, the EPA will initiate reconsideration of the issue of
regulating heavy metal HAP when it issues a proposed rule presenting
the RTR for the Site Remediation source category. The EPA is not
seeking comments on this issue until such a proposal is made.

III. Discussion of the Proposed Action To Remove the CERCLA and RCRA
Exemption

    The October 8, 2003, NESHAP exempts site remediations performed
under the authority of CERCLA and those conducted under a RCRA
corrective action or other required RCRA order. The EPA now proposes to
remove this exemption and establish requirements and compliance dates
for site remediation activities conducted under the authority of CERCLA
or RCRA that would be affected by the proposed rule changes.

A. What is the EPA proposing regarding site remediations performed
under the authority of CERCLA or performed under a RCRA corrective
action or other required RCRA order?

    On October 8, 2003, the EPA finalized the July 2002 proposal to
exempt site remediations performed under the authority of CERCLA and
those performed under RCRA corrective action or other orders authorized
under RCRA (i.e., RCRA/CERCLA exemption). Several commenters on the
2002 proposed rule opposed the exemption. These commenters asserted
that neither the RCRA nor CERCLA programs have air emission standards
for site remediation activities and that the intent of CAA section 112
is to establish NESHAP for HAP emissions from these activities. In
contrast, other commenters supported the proposed exemption, stating
that the RCRA and CERCLA cleanup programs have appropriate site-
specific provisions to provide for the protection of public health and
the environment from air pollutants emitted during site remediation
activities. We determined the proposed provisions were appropriate, and
we explained in the preamble to the October 8, 2003, final rule and in
the Background Information Document for the final rule that the
hazardous waste corrective action program under RCRA and the Superfund
program under CERCLA serve as the functional equivalents of the
establishment of NESHAP under CAA section 112. This conclusion was
based on the requirements of these programs to consider the same HAP
emissions that we regulate under the NESHAP and that these programs
provide opportunities for public involvement through the Record of
Decision process for Superfund cleanups and the RCRA permitting process
for corrective action cleanups.
    The EPA then received the December 8, 2003, petition asserting that
the public lacked an opportunity to comment on this new rationale
presented in the final rule. The EPA granted reconsideration on this
issue in response to the December 8, 2003, petition. Upon further
consideration and re-evaluation of petitioners' arguments, we now
propose to remove the exemptions for activities conducted under the
authority of CERCLA or RCRA from the Site Remediation Rule.
    In listing Site Remediation as a source category under CAA section
112(c)(1) in 1992, we defined it to include the cleanup of sites that
possess contaminated media, including National Priorities List Sites
and Corrective Action Sites. See the document titled Documentation for
Developing the Initial Source Category List, Final Report EPA-450/3-91-
030, July 1992, which is available in the rulemaking docket (Docket ID
No. EPA-HQ-OAR-2002-0021). Once the EPA has listed a source category or
subcategory under CAA section 112(c)(1), CAA section 112(c)(2) requires
the EPA to establish emissions standards under CAA section 112(d) for
the source category or subcategory. The EPA, thus, has an obligation to
extend its existing technology-based NESHAP to establish emission
standards for all such sources in the Site Remediation source category,
including those conducted under the authority of CERCLA and RCRA, under
CAA section 112(d). The site remediation activities conducted under the
authority of CERCLA and RCRA are similar to site remediation activities
that were not exempt from the Site Remediation Rule, and the
requirements of the Site Remediation Rule are appropriate for and
achievable by all site remediation activities.
    Specifically, we are proposing to amend the rule by removing 40 CFR
63.7881(b)(2) and (3), the provisions that expressly exempt site
remediations conducted under CERCLA or RCRA from the Site Remediation
Rule's requirements. With the removal of this exemption, site
remediations conducted under the authority of CERCLA or RCRA will
become subject to all applicable requirements of the Site Remediation
Rule. These requirements include emission limitations and work practice
standards for HAP emitted from site remediation activities. The Rule
also establishes requirements to demonstrate initial and continuous
compliance with the emission limitations and work practice standards.
The Rule applies to sites that clean up remediation material containing
1 megagram per year or more organic HAP listed in Table 1 of the Site
Remediation Rule. It specifically requires emissions controls and/or
work practice requirements for three groups of emission points: Process
vents, remediation material management units (tanks, containers,
surface impoundments, oil/water separators, organic/water separators,
drain systems), and equipment leaks. In addition, the rule contains
monitoring, recordkeeping, and reporting requirements.
    In order to make the rule applicable to CERCLA and RCRA site
remediations, we are further proposing to remove the requirement in 40
CFR 63.7881(a)(2) that an affected site remediation be co-located with
a facility that is regulated by other NESHAP (i.e., by a separate
subpart under 40 CFR part 63). This is necessary to ensure that site
remediations that are themselves major sources of HAP, without regard
for co-location with another facility, are now covered by the rule.
    We are soliciting comment on these proposed rule amendments. The
EPA is accepting comment only on the proposed removal of the exemptions
for site remediations conducted under the authority of CERCLA or RCRA.
The analyses presented in this notice and in supporting documents in
the docket do not affect or alter other aspects of the Site Remediation
Rule.

B. What compliance dates are we proposing?

    We are proposing to make the recordkeeping and reporting
requirements specified in 40 CFR 63.7950-7953 and 63.7955 applicable to
new and existing affected sources conducting site remediations under
CERCLA or RCRA on the effective date of the final amendment removing
the RCRA/CERCLA exemption. The effective date is the date of
publication of the final rule in the Federal Register.

We are proposing this applicability date for these recordkeeping and
reporting requirements because we believe that the recordkeeping and
reporting schedule that applied to new and existing site remediation
affected sources in the 2003 final rule is still applicable to new and
existing sources that become subject to the Site Remediation Rule as a
result of removing the CERCLA and RCRA exemptions. In addition, the
available information indicated this requirement should be immediately
implementable by the affected facilities.
    The proposed compliance dates for the rule's substantive
requirements differ according to whether a site remediation is an
existing or new affected source. For the purpose of this proposed rule
revision, you are an existing affected source if you commenced
construction or reconstruction of the affected source before the date
of publication of this proposed rule in the Federal Register and you
conduct site remediation activities that are overseen by the EPA or
another authorized agency (e.g., a state or local environmental
protection agency) under the authorities of CERCLA or RCRA. For these
existing affected sources, we are proposing a compliance date for the
process vent, remediation material management unit, and equipment leak
requirements of 18 months from the effective date of the final
amendment removing the RCRA/CERCLA exemption.
    You are a new affected source if you commenced construction or
reconstruction of the affected source after the date of publication of
this proposed rule in the Federal Register and you conduct site
remediation activities that are overseen by the EPA or another
authorized agency under the authorities of CERCLA or RCRA. For these
new affected sources, we are proposing a compliance date for the
process vent, remediation material management unit, and equipment leak
requirements on the effective date of the final amendment removing the
RCRA/CERCLA exemption.

IV. Summary of Cost, Environmental, and Economic Impacts and Additional
Analyses Conducted

A. What are the affected sources?

    We estimate 69 major source facilities will become subject to the
Site Remediation Rule as a result of the proposed removal of the RCRA/
CERCLA exemption. Based on available information from the RCRA and
CERCLA programs, 24 of these facilities are expected to be subject to a
limited set of the rule requirements under 40 CFR 63.7881(c)(1) due to
the low annual quantity of HAP contained in the remediation material
excavated, extracted, pumped, or otherwise removed during the site
remediations conducted at the facilities. These facilities will only be
required to prepare and maintain written documentation to support the
determination that the total annual quantity of the HAP contained in
the remediation material excavated, extracted, pumped, or otherwise
removed at the facility is less than 1 megagram per year. They are not
subject to any other emissions limits, work practices, monitoring,
reporting, or recordkeeping requirements. For the remaining 45
facilities, we anticipate each facility will have an annual quantity of
HAP in the removed remediation material of 1 megagram or more. For
these facilities, we expect that either the facilities already meet the
emission control and work practice requirements of the Site Remediation
Rule or no emission control requirements or work practice standards
will apply because the waste is shipped offsite for treatment and no
controls or work practice requirements would be applicable prior to
treatment (e.g., contaminated soil before it is shipped offsite for
destruction). For these 45 facilities, we anticipate the only new
requirements for the Site Remediation Rule will be the initial and
ongoing recordkeeping and reporting obligations required by 40 CFR
63.7936 and 40 CFR 63.7950 through 63.7952. These sections describe the
recordkeeping and reporting activities required for transferring the
remediation material off-site to another facility; the initial
notification and on-going notification requirements; the ongoing semi-
annual compliance reporting requirements; and recordkeeping
requirements for continuous monitoring, planned routine maintenance,
and for units that are exempt from control requirements. While new site
remediations are likely to be conducted under the authority of CERCLA
or RCRA in the future, we are currently not aware of any specific new
site remediation facilities that are expected to be constructed.
    The potential scope of this action's impacts on affected entities
is discussed in greater depth in the memorandum, National Impacts
Associated with the Proposed Amendments to Remove the Exemption for
Facilities Performing Site Remediations under CERCLA or RCRA in the
NESHAP for Site Remediation, which is available in the rulemaking
docket (Docket ID No. EPA-HQ-OAR-2002-0021).

B. What are the air quality impacts?

    We do not anticipate any HAP emission reductions from the proposed
removal of the RCRA/CERCLA exemption. We expect that facilities newly
becoming subject to the rule will either be subject to a limited set of
the emissions control requirements of the rule due to the low amount of
HAP contained in the remediation material handled, will already meet
the emissions control requirements of the rule, or will not have any
applicable emissions control requirements for the specific remediation
activities and material handled.

C. What are the cost impacts?

    None of the 69 affected facilities are anticipated to implement
additional emissions control to meet the requirements of the Site
Remediation Rule and, therefore, we estimate no capital costs
associated with the proposed removal of the RCRA/CERCLA exemption. We
have estimated the nationwide costs for compliance with the reporting
and recordkeeping requirements to be approximately $2.16 million.

D. What are the economic impacts?

    Both the magnitude of control costs needed to comply with a
regulation and the distribution of these costs among affected
facilities can have a role in determining how the market will change in
response to that regulation. We estimate an annualized cost of $13,000
per affected facility for the facilities with remediation waste
containing HAP below the rule annual threshold of 1 megagram and
$41,000 per affected facility for the facilities with remediation waste
containing the rule threshold amount of 1 megagram or more HAP
annually. We, therefore, estimate the average annualized cost per
affected facility to be about $31,000 and the total annualized costs
for the proposed amendments are estimated to be about $2.16 million.
Without detailed industry data, it is not possible to conduct a
complete quantitative analysis of economic impacts. However, prior
economic impact screening analyses suggest the impacts of the proposed
amendment will be minimal. In the economic analysis for this action,
Economic Impact Analysis for Site Remediation NESHAP Amendments (Docket
ID No. EPA-HQ-OAR-2002-0021), we found that all firms with compliance
costs are estimated to have firm-level cost-to-sales ratios of less
than 0.03 percent.

E. What are the benefits?

    The proposed standards will ensure existing air emissions controls
implemented at facilities that become subject to the rule with the
removal of the RCRA/CERCLA exemption will continue to reduce emissions
to at least the required levels of the rule. In addition, any future
remediation activities at these facilities or facilities constructed in
the future will include the required levels of HAP emissions control.
We have not quantified the monetary benefits associated with the
amendment; however, any future avoided emissions will result in
improvements in air quality and reduce negative health effects
associated with exposure to such air pollution.

V. Solicitation of Public Comment and Participation

    The EPA seeks full public participation in arriving at its final
decisions. The EPA requests public comment on the issues under
reconsideration addressed in this notice: (1) The proposed removal of
the RCRA and CERCLA exemptions and (2) the proposed removal of the
applicability requirement that a site remediation activity be co-
located with other source categories subject to other NESHAP. At this
time, the EPA is seeking comment only on the amendments described
above. The EPA will not respond to any comments addressing any other
issues or any other provisions of the final rule or any other rule.

VI. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was,
therefore, not submitted to the OMB for review.

B. Paperwork Reduction Act (PRA)

    The information collection activities in this proposed rule have
been submitted for approval to the OMB under the PRA. The Information
Collection Request (ICR) document that the EPA prepared has been
assigned EPA ICR number 2062.06. You can find a copy of the ICR in the
docket for this rule, and it is briefly summarized here.
    The information requirements in this rulemaking are based on the
notification, recordkeeping, and reporting requirements in the NESHAP
General Provisions (40 CFR part 63, subpart A), which are mandatory for
all operators subject to national emission standards. These
notifications, reports, and records are essential in determining
compliance, and are specifically authorized by CAA section 114 (42
U.S.C. 7414). All information submitted to the EPA pursuant to the
recordkeeping and reporting requirements for which a claim of
confidentiality is made is safeguarded according to agency policies set
forth in 40 CFR part 2, subpart B.
    Respondents/affected entities: Unlike a specific industry sector or
type of business, the respondents potentially affected by this ICR
cannot be easily or definitively identified. Potentially, the Site
Remediation Rule may be applicable to any type of business or facility
at which a site remediation is conducted to clean up media contaminated
with organic HAP when the remediation activities are performed, the
authority under which the remediation activities are performed, and the
magnitude of the HAP in the remediation material meets the
applicability criteria specified in the rule. A site remediation that
is subject to this rule potentially may be conducted at any type of
privately-owned or government-owned facility at which contamination has
occurred due to past events or current activities at the facility. For
site remediation performed at sites where the facility has been
abandoned and there is no owner, a government agency takes
responsibility for the cleanup.
    Respondent's obligation to respond: Mandatory (42 U.S.C. 7414).
    Estimated number of respondents: 355 total for the source category,
of which 69 are estimated to become respondents as a result of this
proposed action.
    Frequency of response: Semiannual.
    Total estimated burden: 146,265 total hours (per year) for the
source category, of which 13,268 hours are estimated as a result of
this proposed action. Burden is defined at 5 CFR 1320.3(b).
    Total estimated cost: $8.9 million total (per year) for the source
category, of which approximately $811,000 is estimated as a result of
this proposed action. This includes $582,000 total annualized capital
or operation and maintenance costs for the source category, of which $0
is estimated as a result of this proposed action.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for the
EPA's regulations in 40 CFR are listed in 40 CFR part 9.
    Submit your comments on the Agency's need for this information, the
accuracy of the provided burden estimates and any suggested methods for
minimizing respondent burden to the EPA using the docket identified at
the beginning of this rule. You may also send your ICR-related comments
to OMB's Office of Information and Regulatory Affairs via email to
<EMAIL_ADDRESS>Attention: Desk Officer for the EPA.
Since OMB is required to make a decision concerning the ICR between 30
and 60 days after receipt, OMB must receive comments no later than June
13, 2016. The EPA will respond to any ICR-related comments in the final
rule.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. There are no
small entities subject to the requirements of this action. The proposed
amendments to the Site Remediation Rule are estimated to affect 69
facilities. Of these 69 facilities, 13 are owned by the federal
government, which is not a small entity. The remaining 56 facilities
are owned by 46 firms, and the Agency has determined that none of these
can be classified as small entities using the Small Business
Administration size standards for their respective industries. Details
of this analysis are presented in the memorandum, Economic Impact
Analysis for Site Remediation NESHAP Amendments, which is available in
the docket for this action (Docket ID No. EPA-HQ-OAR-2002-0021).

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. The action imposes
no enforceable duty on any state, local, or tribal governments or the
private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications as specified in
Executive Order 13175. There are no site remediations at facilities
that would be affected by the proposed amendments that are owned or
operated by tribal governments. Thus, Executive Order 13175 does not
apply to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not concern an environmental
health risk or safety risk.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 because it is
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    The EPA believes the human health or environmental risk addressed
by this action will not have potential disproportionately high and
adverse human health or environmental effects on minority, low-income,
or indigenous populations. The proposed amendments increase the level
of protection provided to human health or the environment by regulating
site remediations previously exempt from the rule.

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.

    Dated: May 2, 2016.
Gina McCarthy,
Administrator.
    For the reasons stated in the preamble, the Environmental
Protection Agency (EPA) proposes to amend Title 40, chapter I, of the
Code of Federal Regulations (CFR) as follows:

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES

0
1. The authority citation for part 63 continues to read as follows:

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

Subpart GGGGG--National Emission Standards for Hazardous Air
Pollutants: Site Remediation

0
2. Section 63.7881 is amended by:
0
a. Revising paragraphs (a)(2) introductory text, (a)(2(i) and (ii),
(a)(3) introductory text, and (b) introductory text;
0
b. Removing paragraphs (b)(2) and (3); and
0
c. Redesignating paragraphs (b)(4) through (6) as (b)(2) through (4).
    The revisions read as follows:

Sec.  63.7881  Am I subject to this subpart?

    (a) * * *
    (2) Your site remediation satisfies either paragraph (a)(2)(i) or
(ii) of this section.
    (i) Your site remediation is co-located at your facility with one
or more other stationary sources that emit HAP and meet an affected
source definition specified for a source category that is regulated by
another subpart under 40 CFR part 63. This condition applies regardless
whether or not the affected stationary source(s) at your facility is
subject to the standards under the applicable subpart(s).
    (ii) Your site remediation is not co-located with one or more other
stationary sources.
    (3) Your site remediation, either alone or when aggregated with a
co-located facility, is a major source of HAP as defined in Sec.  63.2,
except as specified in paragraph (a)(3)(i) or (ii) of this section. A
major source emits or has the potential to emit any single HAP at the
rate of 10 tons (9.07 megagrams) or more per year or any combination of
HAP at a rate of 25 tons (22.68 megagrams) or more per year.
* * * * *
    (b) You are not subject to this subpart if your site remediation
qualifies for any of one of the exemptions listed in paragraphs (b)(1)
through (4) of this section.
* * * * *
0
3. Section 63.7882 is amended by revising paragraph (b) and removing
paragraph (c).
    The revision reads as follows:

Sec.  63.7882  What site remediation sources at my facility does this
subpart affect?

* * * * *
    (b) Affected existing and new sources. Each affected source for
your site is existing if you meet the conditions specified in paragraph
(b)(1) or (2) of this section. Each affected source for your site is
new if you meet the conditions specified in paragraph (b)(3) or (4) of
this section.
    (1) Your affected source is an existing source if you commenced
construction or reconstruction of the affected source before July 30,
2002, and you are not conducting the site remediation under the
authority specified in either paragraph (b)(5)(i) or (ii) of this
section.
    (2) Your affected source is an existing source if you commenced
construction or reconstruction of the affected source before May 13,
2016 and you are conducting the site remediation under the authority
specified in either paragraph (b)(5)(i) or (ii) of this section.
    (3) Your affected source is a new source if you commenced
construction or reconstruction of the affected source on or after July
30, 2002, and you are not conducting the site remediation under the
authority specified in either paragraph (b)(5)(i) or (ii) of this
section. An affected source is reconstructed if it meets the definition
of reconstruction in Sec.  63.2.
    (4) Your affected source is a new source if you commenced
construction or reconstruction of the affected source on or after May
13, 2016, and you are conducting the site remediation under the
authority specified in either paragraph (b)(5)(i) or (ii) of this
section.
    (5) Your site remediation conducted under the authority specified
in paragraphs (b)(5)(i) or (ii) is existing or new as specified in
paragraphs (b)(1) through (4) of this section.
    (i) Your site remediation is performed under the authority of the
Comprehensive Environmental Response and Compensation Liability Act
(CERCLA) as a remedial action or a non time-critical removal action.
    (ii) Your site remediation is performed under a Resource
Conservation and Recovery Act (RCRA) corrective action conducted at a
treatment, storage and disposal facility (TSDF) that is either required
by your permit issued by either the U.S. Environmental Protection
Agency (EPA) or a State program authorized by the EPA under RCRA
section 3006; required by orders authorized under RCRA; or

required by orders authorized under RCRA section 7003.
* * * * *
0
4. Section 63.7883 is amended by revising paragraphs (a), (b), and (c)
to read as follows:

Sec.  63.7883  When do I have to comply with this subpart?

    (a) If you have an existing affected source, you must comply with
each emission limitation, work practice standard, and operation and
maintenance requirement in this subpart as specified in paragraph
(a)(1) or (a)(2), as applicable to your affected source.
    (1) If the affected source meets the conditions specified in Sec.
63.7882(b)(1), you must comply no later than October 9, 2006.
    (2) If the affected source meets the conditions specified in Sec.
63.7882(b)(2), you must comply no later than [insert date 18 months
after date of final rule publication in the Federal Register].
    (b) If you have a new affected source that manages remediation
material other than a radioactive mixed waste as defined in Sec.
63.7957, then you must meet the compliance date specified in one of
paragraphs (b)(1) through (4) of this section, as applicable to your
affected source.
    (1) If the affected source meets the conditions specified in Sec.
63.7882(b)(3) and the affected source's initial startup date is on or
before October 8, 2003, you must comply with each emission limitation,
work practice standard, and operation and maintenance requirement in
this subpart that applies to you by October 8, 2003.
    (2) If the affected source meets the conditions specified in Sec.
63.7882(b)(3) and the affected source's initial startup date is after
October 8, 2003, you must comply with each emission limitation, work
practice standard, and operation and maintenance requirement in this
subpart that applies to you upon initial startup.
    (3) If the affected source meets the conditions specified in Sec.
63.7882(b)(4) and the affected source's initial startup date is on or
before [insert date of final rule publication in the Federal Register],
you must comply with each emission limitation, work practice standard,
and operation and maintenance requirement in this subpart that applies
to you by [insert date of final rule publication in the Federal
Register].
    (4) If the affected source meets the conditions specified in Sec.
63.7882(b)(4) and the affected source's initial startup date is after
[insert date of final rule publication in the Federal Register], you
must comply with each emission limitation, work practice standard, and
operation and maintenance requirement in this subpart that applies to
you upon initial startup.
    (c) If you have a new affected source that manages remediation
material that is a radioactive mixed waste as defined in Sec.  63.7957,
then you must meet the compliance date specified in one of paragraphs
(c)(1) through (4) of this section, as applicable to your affected
source.
    (1) If the affected source meets the conditions specified in Sec.
63.7882(b)(3) and the affected source's initial startup date is on or
before October 8, 2003, you must comply with each emission limitation,
work practice standard, and operation and maintenance requirement in
this subpart that applies to you no later than October 9, 2006.
    (2) If the affected source meets the conditions specified in Sec.
63.7882(b)(3) and the affected source's initial startup date is after
October 8, 2003, you must comply with each emission limitation, work
practice standard, and operation and maintenance requirement in this
subpart that applies to you upon initial startup.
    (3) If the affected source meets the conditions specified in Sec.
63.7882(b)(4) and the affected source's initial startup date is on or
before [insert date of final rule publication in the Federal Register],
you must comply with each emission limitation, work practice standard,
and operation and maintenance requirement in this subpart that applies
to you no later than [insert date of final rule publication in the
Federal Register].
    (4) If the affected source meets the conditions specified in Sec.
63.7882(b)(4) and the affected source's initial startup date is after
[insert date of final rule publication in the Federal Register], you
must comply with each emission limitation, work practice standard, and
operation and maintenance requirement in this subpart that applies to
you upon initial startup.
* * * * *
0
5. Section 63.7950 is amended by revising paragraphs (b) and (c) to
read as follows:

Sec.  63.7950  What notifications must I submit and when?

* * * * *
    (b)(1) As specified in Sec.  63.9(b)(2), if you start up your
affected source before October 8, 2003 and you are not conducting the
site remediation under the authority specified in either Sec.
63.7882(b)(5)(i) or (ii), you must submit an Initial Notification not
later than 120 calendar days after October 8, 2003.
    (2) As specified in Sec.  63.9(b)(2), if you start up your affected
source before May 13, 2016 and you are conducting the site remediation
under the authority specified in either Sec.  63.7882(b)(5)(i) or (ii),
you must submit an Initial Notification not later than 120 calendar
days after [insert date of final rule publication in the Federal
Register].
    (c) As specified in Sec.  63.9(b)(3), if your affected source is
new or reconstructed as specified in Sec.  63.7882 (b)(3) or (4) and
you start your new or reconstructed affected source on or after the
respective effective date, you must submit an Initial Notification no
later than 120 calendar days after initial startup.
* * * * *

[FR Doc. 2016-10988 Filed 5-12-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 170 (Tuesday, September 5, 2017)]
[Notices]
[Pages 41949-41950]
[FR Doc No: 2017-18719]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER17-2340-000]

Golden Hills North Wind, LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Golden Hills North Wind, LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is September 18, 2017.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the Web site that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: August 29, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-18719 Filed 9-1-17; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 58 (Wednesday, March 26, 2014)]
[Notices]
[Pages 16846-16848]
[FR Doc No: 2014-06598]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71758; File No. SR-ISEGemini-2014-09]

Self-Regulatory Organizations; ISE Gemini, LLC; Notice of Filing
of Proposed Rule Change Related to Market Maker Risk Parameters

March 20, 2014.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on March 10, 2014, ISE Gemini, LLC (the ``Exchange'' or ``Topaz'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which items
have been prepared by the Exchange. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend its rules to mitigate market maker
risk by adopting an Exchange-provided risk management functionality.
The text of the proposed rule change is available on the Exchange's Web
site www.ise.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 and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The self-regulatory organization 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
    Pursuant to ISE Gemini Rule 804, the Exchange automatically removes
a market maker's quotes in all series of an options class when certain
parameter settings are triggered. Specifically, there are four
parameters that can be set by market makers on a class-by-class basis.
These parameters are available for market maker quotes in single
options series. Market makers establish a time frame during which the
system calculates: (1) The number of contracts executed by the market
maker in an options class; (2) the percentage of the total size of the
market maker's quotes in the class that has been executed; (3) the
absolute value of the net between contracts bought and contracts sold
in an options class, and (4) the absolute value of the net between (a)
calls purchased plus puts sold, and (b) calls sold plus puts purchased.
The market maker establishes limits for each of these four parameters,
and when the limits are exceeded within the prescribed time frame, the
market maker's quotes in that class are removed or curtailed.\3\ The
Exchange also recently adopted another risk management parameter that
allows market maker quotes to be removed from the trading system if a
specified number of curtailment events occur across the ISE Gemini
market. If the specified number of curtailment events is exceeded
within the prescribed time period, the market maker's quotes in all
classes in which it makes a market are automatically removed from the
trading system.\4\ It is mandatory for market makers to enter values
into all of the quotation risk management parameters for all options
classes in which it enters quotes.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 70644 (October 9,
2013), 78 FR 62785 (October 22, 2013) (SR-Topaz-2013-06).
    \4\ See Securities Exchange Act Release No. 71447 (January 30,
2014), 79 FR 6956 (February 5, 2014) (SR-Topaz-2014-04).
---------------------------------------------------------------------------

    The Exchange now proposes to further enhance its risk management
offering for market maker quotes. Specifically, the Exchange proposes
to implement functionality to allow market maker quotes to be removed
from the trading system if a specified number of curtailment events
occur across ISE Gemini and International Securities Exchange, LLC
(``ISE''). The Exchange notes that a single trading system

governs the trading activity on ISE Gemini and ISE.\5\
---------------------------------------------------------------------------

    \5\ See Exchange Act Release No. 70050 (July 26, 2013), 78 FR
46622 (August 1, 2013) (In the Matter of the Application of Topaz
Exchange, LLC for Registration as a National Securities Exchange).
Section D. Trading System, 4. Order Display, Execution, and Priority
discusses variously the similarities between ISE Gemini and ISE.
---------------------------------------------------------------------------

    As proposed, market makers who choose to use this risk management
tool must request each exchange to set the proposed market wide
parameter to govern its trading activity across both markets. Once this
parameter is set, the trading system will count the number of times a
market maker's pre-set curtailment occurs on each exchange, as
specified in ISE Gemini Rule 804(g), and sum them together. Once the
sum of the specified number of curtailment events across both markets
has been reached, the trading system will remove all of the market
maker's quotes in all classes on both ISE Gemini and ISE in which that
market maker makes a market thereby reducing the risk to the market
maker in the event the market maker is suffering from a systems issue
or due to the occurrence of unusual or unexpected market activity. Any
quotes sent by the market maker after the market wide parameter across
both markets has been triggered will be rejected until such time that
the market maker notifies the market operations staff that supports
each exchange that it is ready to come out of its curtailment.\6\ In
the interest of maintaining fair and orderly markets, ISE Gemini
believes it is important that market makers communicate their readiness
to Exchange staff in a non-automated manner, such as by email or
telephone. Once notified by the market maker, the market operations
staff for each exchange will reactivate the market maker's quotes on
both ISE Gemini and ISE and market makers on both ISE Gemini and ISE
will once again be active in the options classes in which they make
markets.
---------------------------------------------------------------------------

    \6\ Id. Pursuant to a facilities management agreement entered
into by Topaz Exchange with ISE, ISE provides certain services, for
example, business management services, facilities management
services, IT services, fiscal services, as well as Commission and
other regulatory compliance services and other legal services, such
as surveillance programs, legal programs, systems and other
operational services, which include services provided by the market
operations staff.
---------------------------------------------------------------------------

    To illustrate how the proposed market wide parameter would apply
when set for both ISE Gemini and ISE, suppose market maker WXYZ, who is
a member of both ISE Gemini and ISE, makes a market in 50 options
classes on ISE Gemini and in 50 options classes on ISE, sets the
proposed market wide parameter so that it is triggered at 60
curtailment events within a 30 second time period. On a given trading
day, if market maker WXYZ is curtailed, within the prescribed time
period, 35 times across all the options classes in which it makes a
market on ISE Gemini and 25 times across all the options classes in
which it makes a market on ISE then ISE Gemini will remove all of
market maker WXYZ's quotes on ISE Gemini and ISE will remove all of
market maker WXYZ's quotes on ISE. The 60 curtailment events can occur
in just one class or in any number of classes in which market maker
WXYZ makes a market.
    While the proposed risk management functionality is a useful
feature that serves an important risk management purpose, it operates
consistent with the firm quote obligations of a broker-dealer pursuant
to Rule 602 of Regulation NMS. Specifically, any marketable orders or
quotes that are executable against a market maker's quotes that are
received prior to the time this functionality is engaged will be
automatically executed at the price up to the market maker's size,
regardless of whether such execution results in executions in excess of
the market maker's pre-set parameters.
    The proposed market wide parameter is meant to provide market
makers with protection across both ISE Gemini and ISE from the risk of
multiple executions across multiple series of an option or across
multiple options. The risk to market makers is not limited to a single
series in an option or even to all series in an option. Nor is this
risk limited to a single market. Market makers that quote in multiple
series of multiple options on multiple markets have significant
exposure, requiring them to offset or hedge their overall positions.
The proposed functionality will be useful for market makers, who are
required to continuously quote in assigned options classes on ISE
Gemini and ISE. Quoting across many series in an option or multiple
options creates the possibility of executions that can create large,
unintended principal positions that could expose market makers to
unnecessary risk. The proposed functionality is intended to assist
market makers in managing their market risk, and providing deep and
liquid markets for the benefit to all investors.
    While the Exchange is adopting the proposed functionality following
consultation with market makers, usage of the proposed market wide
parameter will not be mandatory. Further, the Exchange notes that
market makers who prefer to use their own risk-management systems can
set values that assure the Exchange-provided parameter will not be
triggered.\7\ Accordingly, the proposal does not require members to
manage their risk using the Exchange-provided tools. The Exchange will
provide at least two weeks' notice to members via an Exchange circular
prior to implementing the proposed functionality to allow members the
opportunity to perform any system changes.
---------------------------------------------------------------------------

    \7\ For example, a market maker could set the value for the
total number of curtailment events across both markets at a high
number so as not to trigger the Exchange-provided parameter.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Securities Exchange Act of 1934 (the ``Act'') \8\ in
general, and furthers the objectives of Section 6(b)(5) of the Act \9\
in particular, in that it is designed to promote just and equitable
principles of trade, to remove impediments to and perfect the mechanism
for a free and open market and a national market system, and, in
general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange currently provides market makers with a risk
management tool that allows market maker quotes to be removed from the
trading system if a specified number of curtailment events occur across
ISE Gemini. The Exchange believes the proposed rule change is
appropriate and reasonable because it enhances each Exchange's [sic]
current risk management offering by allowing market makers to manage
their risk across ISE Gemini and ISE and thereby strengthen their
ability to manage risk across both markets. The proposed market wide
parameter will protect market makers across both markets from
inadvertent exposure to excessive risk and thereby allow market makers
to quote aggressively and provide more liquidity with greater size to
both markets which promotes just and equitable principles of trade and
removes impediments to a free and open market to the benefit of
investors.
    The Exchange believes it will not be unreasonably burdensome for
market makers who choose to utilize the proposed functionality to set
values into the proposed risk parameter, as all market makers currently
utilize the Exchange's risk management functionality, all of which are
mandatory, as noted above. Moreover, the Exchange is proposing this
rule change at the request of its market makers to further reduce their
risk in the event the market maker is suffering from a systems issue or
due to the occurrence of unusual or unexpected market activity. As
discussed above, the

proposed market wide parameter will protect ISE Gemini and ISE market
makers from inadvertent exposure to excessive risk across both markets.
Reducing such risk will enable market makers to enter quotations
without any fear of inadvertent exposure to excessive risk, which in
turn will benefit investors through increased liquidity for the
execution of their orders. Such increased liquidity benefits investors
because they receive better prices and because it lowers volatility in
the options market.

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

    The proposed rule change does not impose any burden on competition.
The proposed rule change is meant to protect market makers from
inadvertent exposure to excessive risk when trading on both ISE Gemini
and ISE. Accordingly, the proposed rule change will have no impact on
competition. Market makers are not required to use the proposed
functionality and may use their own risk-management systems and can
enter out-of-range values so that the Exchange-provided parameters will
not be triggered. Accordingly, the proposal does not require members to
manage their risk using an Exchange-provided tool.

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    Within 45 days of the publication date of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate 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 or disapprove such 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 email to<EMAIL_ADDRESS>Please include
File Number SR-ISEGemini-2014-09 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISEGemini-2014-09. 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 inspection and copying in the
Commission's Public Reference Room, 100 F Street NE., Washington, DC
20549-1090, on official business days between the hours of 10:00 a.m.
and 3:00 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the ISE. 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-ISEGemini-2014-09, and
should be submitted on or before April 16, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-06598 Filed 3-25-14; 8:45 am]
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November 28, 1995 EPA SAB CASAC LTR 96 001 Honorable Carol M. Browner Administrator U. S. Environmental Protection Agency 401 M Street, SW Washington, DC 20460 RE: CASAC Closure on the Air Quality Criteria for Ozone and Related Photochemical Oxidants Dear Ms. Browner:

A Panel of the Clean Air Scientific Advisory Committee ( CASAC) of EPA's Science Advisory Board ( SAB) met on July 20 and 21, 1994 and March 21 and 22, 1995, to review drafts of the document entitled Air Quality Criteria for Ozone and Related Photochemical Oxidants. At these meetings and in subsequent written comments, the Committee made extensive recommendations for strengthening the document. In August 1995, revisions to the Criteria Document were mailed to the CASAC members for review. On September 19, 1995, the Panel met to complete this review. The resulting comments by the Committee members note with satisfaction the improvements made in the scientific quality and completeness of the Criteria Document. The changes are consistent with CASAC's recommendations.

At the September 1995 meeting the Panel came to closure on the Criteria Document. It was the consensus of the Panel members that the Criteria Document provides an adequate review of the available scientific data and relevant studies of ozone and related photochemical oxidants. The document is quite comprehensive and will provide an adequate scientific basis for regulatory decisions on ozone and related photochemical oxidants based on available information. At the meeting and subsequently in writing, Panel members provided the Agency with additional comments for consideration. Most of these comments were directed at Chapter 5, the ecological effects chapter. Although the Panel would like to have these comments considered for incorporation in the Criteria Document, the Panel did not feel that it was necessary to review another revised version.

On behalf of the Panel, I would like to thank EPA staff for their efforts in preparing the Criteria Document on the accelerated schedule. Our comments on the OAQPS Staff Paper will follow shortly.

Sincerely,

Dr. George T. Wolff, Chair Clean Air Scientific Advisory Committee


[Federal Register Volume 87, Number 69 (Monday, April 11, 2022)]
[Rules and Regulations]
[Pages 21005-21006]
[FR Doc No: 2022-07590]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-1146; Airspace Docket No. 21-AGL-36]
RIN 2120-AA66

Amendment of Class E Airspace; Hallock, MN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends the Class E airspace at Hallock, MN. This
action due to an airspace review conducted as part of the
decommissioning of the Humbolt very high frequency (VHF)
omnidirectional range (VOR) as part of the VOR Minimal Operational
Network (MON) Program.

DATES: Effective 0901 UTC, July 14, 2022. The Director of the Federal
Register approves this incorporation by reference action under 1 CFR
part 51, subject to the annual revision of FAA Order JO 7400.11 and
publication of conforming amendments.

ADDRESSES: FAA Order JO 7400.11F, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends the Class E airspace extending upward from

700 feet above the surface at Hallock Municipal Airport, Hallock, MN,
to support instrument flight rule operations at this airport.

History

    The FAA published a notice of proposed rulemaking (NPRM) in the
Federal Register (86 FR 73203; December 27, 2021) for Docket No. FAA-
2021-1146 to amend the Class E airspace at Hallock, MN. Interested
parties were invited to participate in this rulemaking effort by
submitting written comments on the proposal to the FAA. No comments
were received.
    Class E airspace designations are published in paragraph 6005 of
FAA Order JO 7400.11F, dated August 10, 2021, and effective September
15, 2021, which is incorporated by reference in 14 CFR 71.1. The Class
E airspace designations listed in this document will be published
subsequently in FAA Order JO 7400.11.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order JO 7400.11F, Airspace Designations
and Reporting Points, dated August 10, 2021, and effective September
15, 2021. FAA Order JO 7400.11F is publicly available as listed in the
ADDRESSES section of this document. FAA Order JO 7400.11F lists Class
A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

Differences From the NPRM

    Subsequent to publication, the FAA discovered a typographical error
in the title of the NPRM, ``Proposed Establishment of Class E Airspace;
Hallock, MN'' should have been ``Proposed Amendment of Class E
Airspace; Hallock, MN''. As this error was only in the title and does
not impact the actual airspace being amended, it has been corrected in
this action.

The Rule

    This amendment to 14 CFR part 71 amends the Class E airspace
extending upward from 700 feet above the surface at Hallock Municipal
Airport, Hallock, MN, by removing the extension to the southeast of the
airport as it is no longer needed.
    This action is due to an airspace review conducted as part of the
decommissioning of the Humbolt VOR, which provided navigation
information for the instrument procedures at these airports, as part of
the VOR MON Program.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5.a. This airspace action is not expected
to cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11F, Airspace Designations and Reporting Points, dated August 10,
2021, and effective September 15, 2021, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AGL MN E5 Hallock, MN [Amended]

Hallock Municipal Airport, MN
    (Lat. 48[deg]45'10'' N, long. 96[deg]56'35'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of the Hallock Municipal Airport.

    Issued in Fort Worth, Texas, on April 5, 2022.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2022-07590 Filed 4-8-22; 8:45 am]
BILLING CODE 4910-13-P