[Federal Register Volume 86, Number 247 (Wednesday, December 29, 2021)]
[Notices]
[Pages 74119-74122]
[FR Doc No: 2021-28245]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-93850; File No. SR-NYSE-2021-75]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend its Rules To Add New Subparagraph (i)(6) to Rule 7.31

December 22, 2021.
    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 December 16, 2021, New York Stock Exchange LLC (``NYSE'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') a proposed rule change as described in Items I and II
below, which Items have been prepared by the Exchange. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its rules to (1) add new
subparagraph (i)(6) to Rule 7.31 (Orders and Modifiers) regarding
orders designated with a ``retail'' modifier and (2) delete current
Rule 13 (Retail Modifier). The proposed rule change is available on the
Exchange's website at www.nyse.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 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 amend its rules to (1) add new
subparagraph (i)(6) to Rule 7.31 (Orders and Modifiers) regarding
orders designated with a ``retail'' modifier and (2) delete current
Rule 13 (Retail Modifiers).
Proposed Rule Change
    Currently, the Exchange's Rule 13 (Retail Modifiers) permits member
organizations to designate an order with a ``retail'' modifier. Such
orders, if properly designated, are eligible for ``Retail Modifier''
rates available for such orders on the Exchange's Price List.\3\
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    \3\ These requirements are distinct from, but related to, the
Exchange's requirements for a ``Retail Order'' under its Retail
Liquidity Program pursuant to Rule 7.44.
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    The Exchange proposes to move the text of Rule 13 to the Exchange's
Pillar rules, and specifically, to new subparagraph (i)(6) to Rule 7.31
(Orders and Modifiers), and to make modifications to the rule text to
conform it to rules currently in effect on its affiliate exchanges NYSE
American LLC (``NYSE American'') \4\ and NYSE National, Inc. (``NYSE
National'').\5\ The Exchange does not propose any changes to the fees
applicable to orders designated with a ``retail'' modifier.
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    \4\ See Securities Exchange Act Release No. 92254 (June 24,
2021), 86 FR 34819 (June 30, 2021) (SR-NYSEAMER-2021-31) (notice of
filing and immediate effectiveness of proposed rule change to add
the ``retail'' order modifier to NYSE American Rule 7.31E(i)(4)).
    \5\ See Securities Exchange Act Release No. 92446 (July 20,
2021), 86 FR 40108 (July 26, 2021) (SR-NYSENAT-2021-15) (notice of
filing and immediate effectiveness of proposed rule change to add
the ``retail'' order modifier to NYSE National Rule 7.31(i)(4)).
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Proposed Rule 7.31(i)(6)
    Proposed Rule 7.31(i)(6)(A) would specify that an order designated
with a ``retail'' modifier is an agency order or a riskless principal
order that meets the criteria of FINRA Rule 5320.03 that originates
from a natural person and is submitted to the Exchange by a member
organization, provided that no change is made to the terms of the order
with respect to price or side of market and the order does not
originate from a trading algorithm or any other computerized
methodology. It would also specify that an order with a ``retail''
modifier is separate and distinct from a ``Retail Order'' under Rule
7.44. This proposed rule is based on the Exchange's current Rule
13(f)(2)(A) without any differences, except that the cross-reference in
Rule 13 to former Rule 107C (Retail Liquidity Program) would be updated
to instead cross-reference Rule 7.44 (Retail Liquidity Program).
    Proposed Rule 7.31(i)(6)(B) would specify that a member
organization would be required to designate an order as ``retail'' in
the form and/or manner prescribed by the Exchange. This proposed rule
is based on the Exchange's current Rule 13(f)(2)(B) without any
differences, except that the introductory language `` 'Retail' modifier
designation'' would be deleted.
    Proposed Rule 7.31(i)(6)(C) would specify that in order to submit
an order with a ``retail'' modifier, a member organization must submit
an attestation, in a form prescribed by the Exchange, that
substantially all orders designated as ``retail'' would meet the
requirements set out in paragraph (A) above. This proposed rule is
based on the Exchange's current Rule 13(f)(2)(C) without any
differences, except that the Exchange proposes to change the phrase
``submitted as `retail' '' to ``designated as `retail,' '' to conform
the rule text to that of NYSE American Rule 7.31E(i)(4)(C) and NYSE
National Rule 7.31(i)(4)(C).
    Proposed Rule 7.31(i)(6)(D) would specify that a member
organization must have written policies and procedures reasonably
designed to assure that it will only designate orders as ``retail'' if
all requirements of Rule 7.31(i)(6)(A) are met. Such written policies
and procedures must require the member organization to (i) exercise due
diligence before entering a ``retail'' order to assure that entry as a
``retail'' order is in compliance with the requirements specified by
the Exchange, and (ii) monitor whether orders entered as ``retail''
orders meet the applicable requirements. If a member organization
represents ``retail'' orders from another broker-dealer customer, the
member organization's supervisory procedures must be reasonably
designed to assure that the orders it receives from such broker-dealer
customer that it designates as ``retail'' orders meet the definition of
a ``retail'' order. The member organization must (i) obtain an annual
written representation, in a form acceptable to the Exchange, from each
broker-dealer customer that sends it orders to be designated as
``retail'' orders'' that entry of such orders as ``retail'' orders will
be in compliance with the requirements specified by the Exchange, and
(ii) monitor whether its broker-dealer customer's ``retail'' order flow
meets the applicable requirements. This proposed rule is based on the
Exchange's current Rule 13(f)(2)(D) without any differences.
    Proposed Rule 7.31(i)(6)(E) would specify that a member
organization that fails to abide by the requirements specified in
paragraphs (i)(6)(A)-(D) of Rule 7.31 would not be eligible for the
``Retail Modifier'' rates for orders it designates as ``retail''
orders. This proposed rule is based on NYSE American Rule
7.31E(i)(4)(E) and NYSE National Rule 7.31(i)(4)(E) with the following
non-substantive differences: The proposed rule (i) would use the term
``member organization'' instead of ``ETP Holder,'' and, (ii) because
the Exchange operates a Retail Liquidity Provider Program (``RLP'')
pursuant to Rule 7.44 that separately defines the term ``Retail
Order,'' the proposed rule would use the terms ``order designated as
`retail'' or ``Retail Modifier'' instead of the term ``Retail Order.''
\6\
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    \6\ The Exchange does not propose to copy text from Rule
13(f)(2)(E) or (F) into the Rule 7.31(i)(6) definition of ``Retail
Modifier.'' Those sections provide that a member organization that
fails to abide by the requirements pertaining to orders designated
as ``retail'' will be ``disqualified'' from submitting ``retail''
orders, which disqualification the member organization may appeal.
The Exchange believes that the appropriate consequence for
incorrectly designating an order with a ``retail'' modifier would be
that such orders would be ineligible for preferential ``retail''
fees, as proposed Rule 7.31(i)(6)(E) would provide. Such orders
would still be eligible to trade pursuant to the non-``retail'' fees
in the Exchange's Price List.
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Deletion of Rule 13
    Because the Exchange is relocating current Rule 13 to proposed Rule
7.31(i)(6) and such subsection would define the term ``Retail
Modifier'' and corresponding requirements, the Exchange proposes to
delete Rule 13 in its entirety.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\7\ in general, and furthers the
objectives of Sections 6(b)(5) of the Act,\8\ in particular, because 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 regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the

public interest and because it is not designed to permit unfair
discrimination between customers, issuers, brokers, or dealers.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that moving the text described above from
Rule 13 to new subparagraph (i)(6) of Rule 7.31 would remove
impediments to and perfect the mechanism of a free and open market and
a national market system by bringing the Exchange's rule for ``retail''
modifiers into Rule 7.31, the Exchange's Pillar rule regarding Orders
and Modifiers. Relocating the rule text regarding ``retail'' modifiers
into Rule 7.31 and deleting Rule 13 would eliminate any potential
confusion among market participants regarding the availability of the
``retail'' modifier for orders on the Exchange's Pillar trading system.
    The Exchange believes that the requirements specified in proposed
Rule 7.31(i)(6) regarding the proposed designation of ``retail''
orders, along with the requirements for member organization
attestations and written policies and procedures, would remove
impediments to and perfect the mechanism of a free and open market and
a national market system because they are substantively identical to
the requirements for designating orders as ``retail'' on NYSE American
and NYSE National, and therefore would harmonize the requirements for
designating orders as ``retail'' across the three affiliated exchanges.
Such uniformity will enhance market participants' understanding of the
process for designating orders as ``retail'' across the exchanges, and
will minimize any potential confusion that could result from having
slightly different programs on each exchange.
    The Exchange believes that it would remove impediments to and
perfect the mechanism of a free and open market and a national market
system to omit text from Rule 13(f)(2)(E) and (F) from proposed Rule
7.31(i)(6). The Exchange believes that the proposed change providing
that orders that fail to meet the ``retail'' modifier requirements
would be ineligible for such preferential fees would remove impediments
to and perfect the mechanism of a free and open market system, because
orders failing to meet the requirements of ``retail'' orders would not
receive the corresponding pricing benefits. Orders failing to meet the
requirements of ``retail'' orders would still be eligible to trade
pursuant to the non-``retail'' prices in the Exchange's Price List.

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

    In accordance with Section 6(b)(8) of the Act,\9\ the Exchange
believes that the proposed rule change would not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. The proposed rule change is not intended to
address competition at all, but merely moves, with minor changes, the
Exchange's existing rule for designating orders as ``retail'' into the
Exchange's Pillar rule regarding Orders and Modifiers.
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    \9\ 15 U.S.C. 78f(b)(8).
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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

    Because the proposed rule change (i) does not significantly affect
the protection of investors or the public interest; (ii) does not
impose any significant burden on competition; and (iii) does not become
operative prior to 30 days from the date on which it was filed, or such
shorter time as the Commission may designate, if consistent with the
protection of investors and the public interest, the proposed rule
change has become effective pursuant to Section 19(b)(3)(A) of the Act
\10\ and Rule 19b-4(f)(6) \11\ thereunder.
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least give business days prior to the date of filing of the propose
rule change, or such short time as designated by the Commission. The
Exchange has satisfied this requirement.
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \12\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \12\ 15 U.S.C. 78s(b)(2)(B).
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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 (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-NYSE-2021-75 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-NYSE-2021-75. 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 website (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 website 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 10:00 a.m. and
3:00 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. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSE-2021-75, and should be submitted on
or before January 19, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-28245 Filed 12-28-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 236 (Tuesday, December 8, 2020)]
[Proposed Rules]
[Pages 78980-78987]
[FR Doc No: 2020-26987]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 257

[EPA-HQ-OLEM-2020-0508; FRL-10017-69-OLEM]

Texas: Approval of State Coal Combustion Residuals Permit Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability; request for comment.

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SUMMARY: Pursuant to the Resource Conservation and Recovery Act (RCRA),
the Environmental Protection Agency (EPA or the Agency) is proposing to
approve in part the Texas Coal Combustion Residuals (CCR) permit
program. After reviewing the state CCR permit program application,
submitted by the Texas Commission on Environmental Quality (TCEQ), EPA
has preliminarily determined that the Texas CCR permit program meets
the standard for partial approval under RCRA. If approved, the Texas
CCR permit program will operate in lieu of the federal CCR program,
with the exception of the specific provisions noted below. This
document announces that EPA is seeking comment on this proposal during
a 60-day public comment period and will be holding a virtual public
hearing on EPA's preliminary approval of the Texas partial CCR permit
program.

DATES: Comments must be received on or before February 8, 2021.
    Public Hearing: EPA will hold a virtual public hearing on February
2, 2021.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OLEM-2020-0508, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov/
(our preferred method). Follow the online instructions for submitting
comments.
     Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Office of Land and Emergency Management (OLEM) Docket, Mail
Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460.
    Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received may be posted without change
to https://www.regulations.gov/, including any personal information
provided. For detailed instructions on sending comments and additional
information on the rulemaking process, see the ``Public Participation''
heading of the SUPPLEMENTARY INFORMATION section of this document. Out
of an abundance of caution for members of the public and our staff, the
EPA Docket Center and Reading Room are closed to the public, with
limited exceptions, to reduce the risk of transmitting COVID-19. Our
Docket Center staff will continue to provide remote customer service
via email, phone, and webform. We encourage the public to submit
comments via https://www.regulations.gov/ or email, as there may be a
delay in processing mail and faxes. For further information on EPA
Docket Center services and the current status, please visit us online
at https://www.epa.gov/dockets.
    EPA will hold a virtual public hearing. EPA will announce further
details on the public hearing website (https://www.epa.gov/coalash) in
advance of the hearing. The hearing will convene on February 2, 2021 at
9 a.m. (ET) and conclude at 6 p.m. (ET). If necessary, the hearing may
go later to accommodate all those wishing to speak. For additional
information on the public hearing, see the ``Public Participation''
heading of the SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Michelle Long, Office of Resource
Conservation and Recovery, Materials Recovery and Waste Management
Division, U.S. Environmental Protection Agency, 1200 Pennsylvania
Avenue NW, MC: 5304P, Washington, DC 20460; telephone number: (703)
347-8953; email address<EMAIL_ADDRESS>For more information on
this document please visit https://www.epa.gov/coalash.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the U.S. EPA.

I. Public Participation

A. Written Comments

    Submit your comments, identified by Docket ID No. EPA-HQ-OLEM-2020-
0508, at https://www.regulations.gov (our preferred method), or the
other methods identified in the ADDRESSES section. Once submitted,
comments cannot be edited or removed from the docket. EPA may publish
any comment received to its public docket. Do not submit to EPA's
docket at https://www.regulations.gov 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. 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 https://www.epa.gov/dockets/commenting-epa-dockets.
    EPA is temporarily suspending its Docket Center and Reading Room
for public visitors, with limited exceptions, to reduce the risk of
transmitting COVID-19. Our Docket Center staff will continue to provide
remote customer service via email, phone, and webform. We encourage the
public to submit comments via https://www.regulations.gov/ as there may
be a delay in processing mail and faxes. For further information and
updates on EPA Docket Center services, please visit us online at
https://www.epa.gov/dockets.
    EPA continues to carefully and continuously monitor information
from the Centers for Disease Control and Prevention (CDC), local area
health departments, and our Federal partners so that we can respond
rapidly as conditions change regarding COVID-19.

B. Participation in Virtual Public Hearing

    Please note that EPA is deviating from its typical approach because
the President has declared a national emergency. Because of current CDC
recommendations, as well as State and local orders for social
distancing to limit the spread of COVID-19, EPA cannot hold in-person
public hearings at this time.
    EPA will begin pre-registering speakers for the hearing upon
publication of this document in the Federal Register. To register to
speak at the virtual hearing, please use the online registration form
available on EPA's CCR website (https://www.epa.gov/coalash) or contact
the person listed in the FOR FURTHER INFORMATION CONTACT section to
register to speak at the hearing. The last day to pre-register to speak
at the hearing will be January 29, 2021. On January 29, 2021, EPA will
post a general agenda for the hearing on EPA's CCR website (https://www.epa.gov/coalash).
    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.
Additionally, requests to speak will be

taken the day of the hearing according to the procedures specified on
EPA's CCR website (https://www.epa.gov/coalash) for this hearing. The
Agency will make every effort to accommodate all speakers who arrive
and register, although preferences on speaking times may not be able to
be fulfilled.
    Each commenter will have five (5) minutes to provide oral
testimony. EPA encourages commenters to provide EPA with a copy of
their oral testimony electronically (via email) to the person listed in
the FOR FURTHER INFORMATION CONTACT section. If EPA is anticipating a
high attendance, the time allotment per testimony may be shortened to
no shorter than 3 minutes per person to accommodate all those wishing
to provide testimony and who have pre-registered. While EPA will make
every effort to accommodate all speakers who do not preregister,
opportunities to speak may be limited based upon the number of pre-
registered speakers. Therefore, EPA strongly encourages anyone wishing
to speak to preregister. Participation in the virtual public hearing
does not preclude any entity or individual from submitting a written
comment.
    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. Verbatim transcripts of
the hearings and written statements will be included in the docket for
this action.
    Please note that any updates made to any aspect of the hearing will
be posted online on EPA's CCR website at https://www.epa.gov/coalash.
While EPA expects the hearing to go forward as set forth above, please
monitor our website or contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to determine if there are any updates. EPA
does not intend to publish a document in the Federal Register
announcing updates.
    If you require the service of a translator, please pre-register for
the hearing and describe your needs on the registration form by January
19, 2021. If you require special accommodations such as audio
description or closed captioning, please pre-register for the hearing
and describe your needs on the registration form by January 26, 2021.
Alternatively, registrants may notify the person listed in the FOR
FURTHER INFORMATION CONTACT section of any special needs. We may not be
able to arrange accommodations without advanced notice.

II. General Information

A. Overview of Proposed Action

    EPA is proposing to approve the Texas CCR permit program, in part,
pursuant to RCRA 4005(d)(1)(B). 42 U.S.C. 6945(d)(1)(B). The fact that
Texas is seeking a partial program approval does not mean it must
subsequently apply for a full program approval. However, Texas could
apply for a revised partial program approval or a full program approval
at some point in the future if it chooses to do so. If approved, the
Texas CCR permit program would operate in lieu of the federal CCR
program, codified at 40 CFR part 257, subpart D, with the exception of
the provisions specifically identified below for which the State is not
seeking approval. However, even for the approved provisions, EPA would
retain its inspection and enforcement authorities under RCRA sections
3007 and 3008, 42 U.S.C. 6927 and 6928. See 42 U.S.C. 6945(d)(4)(B).
    EPA has also engaged federally-recognized tribes within the State
of Texas in consultation and coordination regarding the program
authorizations for the TCEQ. EPA has established opportunities for
formal as well as informal discussion throughout the consultation
period, beginning with an initial conference call on October 19, 2020.
Tribal consultation has been and will continue to be conducted in
accordance with the EPA policy on Consultation and Coordination with
Indian Tribes (https://www.epa.gov/sites/production/files/2013-08/documents/cons-and-coord-with-indian-tribes-policy.pdf).

B. Background

    CCR are generated from the combustion of coal, including solid
fuels classified as anthracite, bituminous coal, subbituminous coal,
and lignite, for the purpose of generating steam to power a generator
to produce electricity or electricity and other thermal energy by
electric utilities and independent power producers. CCR, commonly known
as coal ash, include fly ash, bottom ash, boiler slag, and flue gas
desulfurization materials. CCR can be sent offsite for disposal or
beneficial use, or disposed of in on-site landfills or surface
impoundments.
    On April 17, 2015, EPA published a final rule, creating 40 CFR part
257, subpart D, that established a comprehensive set of minimum federal
requirements for the disposal of CCR in landfills and surface
impoundments (80 FR 21302) (``federal CCR regulations''). The rule
created a self-implementing program which regulates the location,
design, operating criteria, and groundwater monitoring and corrective
action for CCR units, as well as the closure and post-closure care of
CCR units. It also requires recordkeeping and notifications for CCR
units. The federal CCR regulations do not apply to ``beneficial use''
of CCR, as that term is defined in 40 CFR 257.53.
    On August 5, 2016, EPA published a direct final rule (81 FR 51802),
responding to an order issued by the United States Court of Appeals for
the District of Columbia Circuit (D.C. Circuit) in Utility Solid Waste
Activities Group, et al. v. EPA, No. 15-1219 (D.C. Cir. 2015). The
direct final rule removed certain provisions of the federal CCR
regulations at 40 CFR 257.100(b), (c), and (d) related to the ``early
closure'' of inactive CCR surface impoundments by April 17, 2018, that
had been vacated by the D.C. Circuit's June 14, 2016, order.\1\ The
direct final rule extended the deadlines for owners and operators of
inactive CCR surface impoundments who had taken advantage of the
``early closure'' provisions of 40 CFR 257.100 to bring the units into
compliance with the federal CCR regulations' substantive requirements,
but did not otherwise amend the federal CCR regulations or impose new
requirements on those units.
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    \1\ The D.C. Circuit's June 14, 2016, order also vacated the
phrase ``not to exceed a height of 6 inches above the slope of the
dike'' within 40 CFR 257.73(a)(4), 257.73(d)(1)(iv), 257.74(a)(4),
and 257.74(d)(1)(iv). EPA proposed slope protection requirements in
its Phase One Proposed Rule (83 FR 11584, March 15, 2018) but has
not yet finalized such requirements.
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    On July 30, 2018, EPA published a final rule, Hazardous and Solid
Waste Management System: Disposal of Coal Combustion Residuals From
Electric Utilities; Amendments to the National Minimum Criteria (Phase
One, Part One), which finalized additional revisions to the federal CCR
regulations (83 FR 36435) (``July 2018 Final Rule''). Specifically, EPA
amended the CCR regulations to (1) provide states with approved CCR
permit programs under the WIIN Act or EPA, when EPA is the permitting
authority, the ability to use alternative performance standards; (2)
revise the groundwater protection standards for four constituents in
Appendix IV to 40 CFR part 257 for which maximum contaminant levels
(MCLs) under the Safe Drinking Water Act have not been established; and
(3) provide additional time to facilities, triggered by 40 CFR
257.101(a)(1) and

(b)(1)(i), to cease receiving waste and initiate closure.
    On August 28, 2020, EPA published a final rule Hazardous and Solid
Waste Management System: Disposal of Coal Combustion Residuals From
Electric Utilities; A Holistic Approach to Closure Part A: Deadline To
Initiate Closure (85 FR 53516) (``Part A Final Rule''). The rule
revises portions of the federal CCR regulations to (1) accurately
reflect the D.C. Circuit's Util. Solid Waste Activities Group v. Envtl.
Protec. Agency, 901 F.3d 414 (D.C. 2018) (``USWAG decision'' or
``USWAG''), which vacated and remanded to EPA the provisions at 40 CFR
257.101(a), 257.71(a)(1)(i) and 257.50(e); (2) address the October 31,
2020 deadline and finalize a new deadline of April 11, 2021 in 40 CFR
257.101(a) and (b)(1)(i), by which CCR surface impoundments must cease
receipt of waste in light of the 2018 USWAG decision and the 2019
Waterkeeper decision (See Waterkeeper Alliance Inc. v. EPA, No. 18-1289
(D.C. Cir. 2019)); (3) finalize alternative closure provisions at 40
CFR 257.103 in order to allow facilities to request additional time to
develop alternative capacity to manage their waste streams (both CCR
and/or non-CCR) to achieve cease receipt of waste and initiate closure
of their CCR surface impoundments; and (4) finalize two of the proposed
amendments from the August 14, 2019 rule (84 FR 40353): The addition of
an executive summary to the annual groundwater monitoring and
corrective action reports under 40 CFR 257.90(e); and amend the
requirements for posting to the publicly accessible CCR internet sites
under 40 CFR 257.107.

C. Statutory Authority

    EPA is issuing this proposed action pursuant to sections 4005(d)
and 7004(b)(1) of RCRA. See 42 U.S.C. 6945(d) and 6974(b)(1). Section
2301 of the 2016 Water Infrastructure Improvements for the Nation
(WIIN) Act amended section 4005 of RCRA, creating a new subsection (d)
that establishes a federal permitting program similar to those under
RCRA subtitle C and other environmental statutes. See 42 U.S.C.
6945(d).
    Under RCRA section 4005(d)(1)(A), 42 U.S.C. 6945(d)(1)(A), states
seeking approval must submit to the Administrator ``in such form as the
Administrator may establish, evidence of a permit program or other
system of prior approval and conditions under State law for regulation
by the State of coal combustion residuals units that are located in the
State.'' EPA shall approve a state permit program if the Administrator
determines that the state program will require each CCR unit located in
the state to achieve compliance with either: (1) The federal CCR
requirements at 40 CFR part 257, subpart D; or (2) other state criteria
that the Administrator, after consultation with the state, determines
to be ``at least as protective as'' the federal requirements. See 42
U.S.C. 6945(d)(1)(B). The Administrator must make a final
determination, after providing for public notice and an opportunity for
public comment, within 180 days of receiving a state's complete
submittal of the information in RCRA section 4005(d)(1)(A). See 42
U.S.C. 6945(d)(1)(B). EPA may approve a state CCR permit program in
whole or in part. Id. Once approved, the state permit program operates
in lieu of the federal requirements. See 42 U.S.C. 6945(d)(1)(A). In a
state with a partial program, only the state requirements that have
been approved operate in lieu of the federal requirements, and
facilities remain responsible for compliance with all remaining
requirements in 40 CFR part 257.
    RCRA section 7004(b) applies to all RCRA programs, directing that
``public participation in the development, revision, implementation,
and enforcement of any . . . program under this chapter shall be
provided for, encouraged, and assisted by the Administrator and the
States.'' 42 U.S.C. 6974(b)(1).
    Once a program is approved, the Administrator must review the
approved state CCR permit program not less frequently than every 12
years, as well as no later than three years after a revision to an
applicable section of 40 CFR part 257, subpart D or one year after any
unauthorized significant release from a CCR unit located in the state.
EPA also must review an approved program at the request of another
state alleging that the soil, groundwater, or surface water of the
requesting state is or is likely to be adversely affected by a release
from a CCR unit in the approved state. See 42 U.S.C.
6945(d)(1)(D)(i)(I)-(IV).
    In a state with an approved state CCR permit program, EPA may
commence administrative or judicial enforcement actions under section
3008 of RCRA, 42 U.S.C. 6928, if the state requests assistance or if
EPA determines that an EPA enforcement action is likely to be necessary
to ensure that a CCR unit is operating in accordance with the criteria
of the state's permit program. See 42 U.S.C. 6945(d)(4). EPA can
enforce any federal requirements that remain in effect (i.e., those for
which there is no corresponding approved state provision). EPA may also
exercise its inspection and information gathering authorities under
section 3007 of RCRA, 42 U.S.C. 6927.

III. The Texas Application

    On September 11, 2020, the TCEQ submitted its state CCR permit
program application to EPA Region 6 requesting approval of the State's
partial CCR permit program. After receiving comments from EPA, Texas
provided revisions to its Program Description on November 9, 2020, and
November 23, 2020.\2\ The Texas application package documents included
(1) State statutes and regulations, (2) the Attorney General Statement,
and (3) a Program Description which provides details about the State's
CCR permit program, including the (a) State agency with the authority
for the CCR permit program; (b) scope and coverage of the program, (c)
TCEQ responsibilities; (d) structure and processes of TCEQ to implement
the CCR program; (e) applications, public notice, hearing, and appeal
procedures for CCR registrations; (f) technical requirements for the
CCR program; (g) a list of CCR facilities in Texas; and (h) a
description of State resources to implement the CCR program.
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    \2\ The revised narrative (Program Description), dated November
23, 2020, shall be substituted for the original program description,
dated September 2, 2020, and November 9, 2020, as well as Attachment
IV--Facility Unit Summary and CCR Units Map, Replacement of
Attachment II with Attachment II--30 TAC Chapter 352, and the Texas
Water Code--Chapter 26. All other documents submitted as part of the
original September 11, 2020 application remain unchanged and are
available in the docket for this action.
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    Throughout this document, EPA interchangeably uses the Texas terms
of ``registration'' and ``permit'' and ``Program Description'' to mean
the ``Narrative'' document as described in the Guidance Document (82 FR
38685, August 15, 2017).

IV. EPA Analysis of the Texas Application

    RCRA section 4005(d) requires EPA to evaluate two components of a
state program to determine whether it meets the standard for approval.
First, EPA is to evaluate the permit program itself (or other system of
prior approval and conditions). See 42 U.S.C. 6945(d)(1)(A), (B). RCRA
section 4005(d)(1)(A) directs the state to provide evidence of a state
permit program, in such form as EPA may determine. In turn, RCRA
section 4005(d)(1)(B) directs EPA to approve the state program based
upon a determination that the program ``requires each coal combustion
residuals unit located in the State to

achieve compliance with the applicable [federal or state] criteria.''
In other words, the statute directs EPA to determine that the state has
sufficient authority to require compliance from all CCR units located
within the state. See also, 42 U.S.C. 6945(d)(1)(D)(ii)(I). To make
this determination EPA evaluates the state's authority to issue permits
and impose conditions in those permits, as well as the state's
authority for compliance monitoring and enforcement.
    EPA also determines during this portion of the review whether the
state permit program contains procedures consistent with the directive
in RCRA section 7004(b). RCRA section 7004(b) applies to all RCRA
programs, directing that ``public participation in the development,
revision, implementation, and enforcement of any . . . program under
this chapter shall be provided for, encouraged, and assisted by the
Administrator and the States.'' 42 U.S.C. 6974(b)(1). To make this
determination EPA evaluates the state provisions governing the
procedures for issuing permits and for intervention in civil
enforcement proceedings.
    Although 40 CFR part 239 applies to the approval of State Municipal
Solid Waste Landfill (MSWLF) programs under RCRA section 4005(c)(1)
rather than EPA's evaluation of CCR permit programs under RCRA section
4005(d), the specific criteria outlined in 40 CFR part 239 provide a
helpful framework to examine the relevant aspects of a state's permit
program. In addition, states are familiar with these criteria as a
consequence of the MSWLF program (all States have MSWLF programs that
have been approved pursuant to these regulations) and the regulations
are generally regarded as protective and appropriate.
    Consequently, EPA relied on the four categories of criteria
outlined in 40 CFR part 239 as guidelines to evaluate the Texas
permitting requirements: Requirements for compliance monitoring
authority, requirements for enforcement authority, and requirements for
intervention in civil enforcement proceedings.
    Second, EPA is to evaluate the technical criteria that will be
included in each permit, to determine whether they are the same as the
federal criteria, or to the extent they differ, whether the modified
criteria are ``at least as protective as'' the federal requirements.
See 42 U.S.C. 6945(d)(1)(B). Only if both components meet the statutory
requirements may EPA approve the program. See 42 U.S.C. 6945(d)(1).
    EPA has preliminarily determined that the Texas CCR permit program
includes all the elements of an adequate state CCR permit program as
discussed in more detail below. It also contains all the technical
criteria in 40 CFR part 257, except for the provisions specifically
discussed below. Consequently, EPA is proposing to approve the Texas
permit program ``in part.'' 42 U.S.C. 6945(d)(1)(B). EPA's analysis and
findings are discussed in greater detail below and in the Technical
Support Document, which is available in the docket supporting this
preliminary determination.
    EPA's full analysis of the Texas CCR permit program, and how the
Texas regulations differ from the federal requirements, can be found in
the Technical Support Document. EPA determined that the Texas CCR
permit program application was complete and notified Texas of its
determination by letter dated on December 3, 2020.\3\
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    \3\ The Texas application, EPA's completeness determination
letter, and the Technical Support Document are available in the
docket supporting this action.
---------------------------------------------------------------------------

A. Adequacy of the Texas Permit Program

    Section 4005(d)(1)(A) of RCRA, 42 U.S.C. 6945(d)(1)(A), requires a
state seeking state CCR permit program approval to submit to EPA, ``in
such form as the Administrator may establish, evidence of a permit
program or other system of prior approval and conditions under State
law for regulation by the State of coal combustion residuals units that
are located in the State.'' Although the statute directs EPA to
establish the form of such evidence, the statute does not require EPA
to promulgate regulations governing the process or standard for
determining the adequacy of such state programs. EPA, therefore,
developed the Coal Combustion Residuals State Permit Program Guidance
Document; Interim Final (82 FR 38685, August 15, 2017) (the ``Guidance
Document''). The Guidance Document provides recommendations on a
process and standards that states may choose to use to apply for EPA
approval of its CCR permit programs, based on the standards in RCRA
section 4005(d), existing regulations at 40 CFR part 239, and the
Agency's experience in reviewing and approving state programs.
    EPA evaluated the Texas CCR permit program using the process,
statutory and regulatory standards discussed in the Units II.C and
IV.A. EPA's findings are summarized below and provided in more detail
in the Technical Support Document located in the docket supporting this
preliminary determination.
1. Guidelines for Permitting
    It is EPA's judgment that an adequate state CCR permit program will
ensure that: (1) Existing and new facilities are permitted or otherwise
approved and in compliance with either 40 CFR part 257 or other state
criteria; (2) the state has the authority to collect all information
necessary to issue permits that are adequate to ensure compliance with
relevant 40 CFR part 257, subpart D requirements; and (3) the state has
the authority to impose requirements for CCR units adequate to ensure
compliance with either 40 CFR part 257, subpart D or such other state
criteria that have been determined and approved by the Administrator to
be at least as protective as 40 CFR part 257, subpart D.
    EPA has preliminarily determined that the Texas approach to CCR
registration applications and approvals is adequate. At Title 30 of the
Texas Administrative Code (TAC) sections 352.101 through 352.141, Texas
has State-specific provisions imposing requirements for CCR
registration, registration characteristics and conditions, registration
duration, registration amendments, and the issuance and transfer of
registrations. 30 TAC section 352.101 specifically requires
registration for the management or disposal of CCR in an existing
landfill, in an existing or inactive surface impoundment, and for a new
or lateral expansion of a landfill or surface impoundment. Such
registrations are subject to the state's standard permit
characteristics and conditions established in 30 TAC Chapter 305,
Subchapter F (See 30 TAC section 352.111). Under 30 TAC section
352.121, a registration may be issued for the active life of the unit,
as well as any post-closure care period, as needed; however, the
registration may be revoked or amended at any time that the owner or
operator fails to meet the minimum standards of the CCR regulations, or
for any other good cause.
    Texas also requires that a change in a term, condition or provision
of a registration requires an amendment pursuant to 30 TAC section
352.131. An application requesting an amendment is processed as a major
amendment or a minor amendment in accordance with 30 TAC section
305.62. At 30 TAC section 305.62(c)(1), Texas describes a major
amendment as ``an amendment that changes a substantive term, provision,
requirement, or a limiting parameter of a permit.'' At 30 TAC section
305.62(c)(2), Texas describes a

minor amendment as ``an amendment to improve or maintain the permitted
quality or method of disposal of waste, . . .'' and which includes any
other change ``that will not cause or relax a standard or criterion
which may result in a potential deterioration of quality of water in
the state.'' Under 30 TAC section 305.62(d), the executive director may
initiate a major amendment or a minor amendment if good cause exists.
    The Texas provision at 30 TAC section 352.141 prohibits the
transfer of a registration from one person to another without complying
with provisions of 30 TAC section 305.64 relating to the transfer of
permits. Under 30 TAC section 305.64, the registrant or the transferee
must submit an application to the executive director at least 30 days
before the proposed transfer date and receive approval of the
application from the commission before the registration can be
transferred. The Texas regulations provide that a registration cannot
be transferred from one facility to another. The specific CCR
registration application requirements are established in 30 TAC
sections 352.201 through 352.311 where Texas has State-specific
provisions addressing CCR registration application contents and
information requirements. Under 30 TAC sections 352.241 through
352.301, Texas requires sufficient information to ensure that all the
40 CFR part 257, subpart D technical requirements will be followed.
Specifically, a registration application shall include sufficient
information and reports to: (1) Characterize the geology and
hydrogeology at the facility; (2) demonstrate compliance with location
restrictions; (3) demonstrate compliance with design criteria; (4)
demonstrate compliance with operating criteria; (5) demonstrate
compliance with applicable groundwater monitoring and corrective action
requirements; and (6) demonstrate compliance with applicable closure
and post-closure requirements. The provision at 30 TAC section 352.311
requires the owner or operator to keep records of data used to complete
the application and any supplemental information or material throughout
the term of the registration.
    At 30 TAC sections 352.401 through 352.481, Texas adopted State-
specific provisions addressing procedures for registration application
deficiencies, public notifications, and registration decisions by the
executive director. As part of the State's evaluation of the
completeness of a registration application, 30 TAC section 352.401
requires the executive director to notify an applicant of any
additional information or application materials required to complete
the application by transmitting a notice of deficiency (NOD) to the
applicant. The NOD specifies a deadline for the NOD response of up to
60 days from the executive director's transmittal of the NOD. If the
executive director does not receive an adequate and timely response to
a notice of deficiency by the response deadline, the executive director
may return the incomplete application to the applicant (30 TAC section
352.421).
    EPA has preliminarily determined that the Texas approach to CCR
registration applications and approvals is adequate, and that this
aspect of the Texas CCR permit program meets the standard for program
approval.
2. Guidelines for Public Participation
    Based on RCRA section 7004, 42 U.S.C. 6974, it is EPA's judgment
that an adequate state CCR permit program will ensure that: (1)
Documents for permit determinations are made available for public
review and comment; (2) final determinations on permit applications are
made known to the public; and (3) public comments on permit
determinations are considered. Texas has adopted public participation
opportunities for the CCR program that can provide an inclusive
dialogue, allowing interested parties to talk openly and frankly about
issues within the CCR program and search for mutually agreeable
solutions to differences. An overview of the Texas public participation
provisions is provided below.
a. Public Participation in the CCR Registration Application Process
    Under 30 TAC section 39.418, the TCEQ requires that no later than
30 days after the executive director declares an application to be
complete, the applicant must publish a Notice of Receipt of Application
and Intent to Obtain Permit in a newspaper of largest circulation in
the county in which the facility is located, or, if a newspaper is not
published in the county, the notice must be published in any newspaper
of general circulation in the county in which the facility is located
or proposed to be located. Registration applications are also made
available to the public on the applicant's publicly accessible CCR
internet site. Under 30 TAC section 352.461(a)(1), the applicant is
also required to make a copy of the application available for review
and copying at a public place in the county in which the facility is
located. Upon completion of the application review, the TCEQ publishes
a public notice of the TCEQ's receipt of the registration application,
the executive director's initial decision on the application, and
provides an opportunity for public comments or for the public to
request a public meeting in accordance with the procedures contained in
30 TAC sections 39.503(c), 39.405(f) and 39.405(h).
    30 TAC section 352.471 gives the executive director the authority
to prepare a draft registration upon a preliminary determination that
an application for a new registration or a major amendment of a
registration meets the regulatory requirements for issuance of a
registration. When the executive director has prepared a draft
registration, copies of it are also made available to the public, along
with a technical summary. The technical summary provides information
regarding the application, staff review, and agency contacts available
to assist members of the public in answering questions about the
application. In addition, the commission records are open to the public
for review subject to statutory privileges and claims of
confidentiality consistent with the Texas Public Information Act. See
Texas Government Code Annotated, Chapter 552 and 30 TAC 1.5.
b. Public Notice
    30 TAC section 352.461 subjects all public notices to the
requirements in (1) 30 TAC section 39.405 (relating to General Notice
Provisions); (2) 30 TAC section 39.407 (relating to Mailing Lists); (3)
30 TAC section 39.409 (relating to Deadline for Public Comment, and for
Requests for Reconsideration, Contested Case Hearing, or Notice and
Comment Hearing); (4) 30 TAC section 39.411 (relating to Text of Public
Notice); (5) 30 TAC section 39.413 (relating to Mailed Notice); and (6)
30 TAC section 39.420 (relating to Transmittal of the Executive
Director's Response to Comments and Decision). 30 TAC section
352.431(c) requires that the text of the public notices on the
application include the internet address required by 30 TAC section
352.1321 for the publicly accessible website for that facility. Under
30 TAC sections 39.503(c) and 39.405(f), Texas applicants must publish
the notice in the newspaper of largest general circulation that is
published in the county in which the facility is located or is proposed
to be located. In certain instances, Texas applicants may be required
to publish notice in a language other than English in a newspaper
predominately published in that alternative language. In certain
circumstances, Texas requires that notices are mailed to select
individuals such as adjacent landowners, State and

local government officials, and anyone who asks to be included in the
mailing list, among others. In addition to the 30 TAC section
352.431(c) requirements, the provision at 30 TAC section 352.441
requires that a revised notice be published if changes to an
application constitute a major amendment under 30 TAC section 352.131
(relating to Amendments) after notice of receipt of application has
been mailed and published.
c. Public Comments and Response to Comments
    Texas requires a minimum of a 30-day public comment period for CCR
registration applications pursuant to 30 TAC section 352.431(d).
Pursuant to 30 TAC section 352.431(e), the executive director shall
consider all public comments received before the close of the public
comment period. 30 TAC section 352.461(c) requires the executive
director to prepare a response to all timely, relevant and material, or
significant public comment. The executive director's response and
decision are sent to the mailing list, including all commenters, as
required under 30 TAC section 39.420.
d. Public Meeting
    Under 30 TAC section 352.451(a), the owner or operator and the
commission may hold a public meeting under 30 TAC section 55.154 for a
new CCR registration application or a major amendment to a CCR
registration in the county in which the facility is located, based on
the criteria of 30 TAC sections 39.503(e), 55.154(c) or 352.961(c), as
cited in 30 TAC section 352.461(b). The purpose of a public meeting is
to provide information and receive public comment. Under 30 TAC
sections 39.503(e)(1) and 55.154(c)(1) through (2), the TCEQ is
required to hold a public meeting upon request of a member of the
legislature who represents the general area in which the facility is
proposed to be located for an application for a new facility or when
the executive director determines that there is substantial public
interest in the application or proposed facility. 30 TAC section
39.503(e)(3) provides, for example, that a ``substantial public
interest'' is demonstrated when a request for a public meeting is filed
by a homeowners' or property owners' association formally organized or
chartered and having at least ten members located in the general area
in which the facility is located or proposed to be located; or a group
of ten or more local residents, property owners, or businesses located
in the general area in which the facility is located or proposed to be
located. Finally, under 30 TAC section 352.961(c), a public meeting
must be held on applications for registrations that authorize
corrective action and selection of a remedy as provided in 40 CFR
257.96(e). 30 TAC section 352.451(c) requires that a notice of the
public meeting must be provided in accordance with the procedures
contained in 30 TAC section 39.503(e)(6), including newspaper
publication and mailed notice from the chief clerk to persons listed in
30 TAC section 39.413.
e. Challenges to Executive Director's Action on a Registration
Application
    30 TAC section 352.481 provides that the executive director's
action on a CCR application for a new registration or an amendment of a
registration is subject to 30 TAC sections 50.139 and 80.272 which
provide the public with a right to file a rehearing request for
decisions made in administrative hearing and a right to file a motion
to overturn the executive director's action on an application decision.
    EPA has preliminarily determined that the Texas approach to public
participation requirements provides adequate opportunities for public
participation in the permitting process sufficient to meet the standard
for program approval.
3. Guidelines for Compliance Monitoring Authority
    It is EPA's judgment that an adequate permit program should provide
the state with the authority to gather information about compliance,
perform inspections, and ensure that information it gathers is suitable
for enforcement. The TCEQ has compliance monitoring authority under its
Texas Health and Safety Code (THSC) and the Texas Water Code (TWC).
Specifically, THSC section 361.032 provides the authority for
environmental investigators to enter public or private property and
conduct inspections or investigate solid waste facilities, including
CCR units. In addition, TWC section 5.102 gives the commission the
powers to perform any acts specifically authorized by this code,
another law, implied by this code, or other law necessary and
convenient to the exercise of its jurisdiction, as provided by the laws
of the state rules, orders and permits. The TCEQ Enforcement Division
maintains compliance schedules and reviews the schedules regularly to
determine whether a facility is complying with its schedule. If a
facility fails to meet its compliance schedule, the facility is deemed
to be in violation of the TWC, the THSC, or TCEQ rules.
    EPA has preliminarily determined that these compliance monitoring
authorities are adequate, and that this aspect of the Texas CCR permit
program meets the standard for program approval.
4. Guidelines for Enforcement Authority
    It is EPA's judgment that an adequate state CCR permit program
should provide the state with adequate enforcement authority to
administer its state CCR permit program, including the authority to:
(1) Restrain any person from engaging in activity which may damage
human health or the environment, (2) sue to enjoin prohibited activity,
and (3) sue to recover civil penalties for prohibited activity.
    The TCEQ has adequate enforcement authority for its existing
programs under TWC sections 5.512, 7.002, 7.032, 7.051, 7.052, 7.101,
7.103 and 7.105-7.110. Under TWC section 7.002, the state has the
authority to initiate an enforcement action to enforce the provisions
of the Texas Water Code, the Texas Health and Safety Code within the
commission's jurisdiction, and rules adopted under those provisions.
Under TWC section 5.512, the TCEQ has specific authority to issue an
emergency order concerning an activity of solid waste management under
its commission's jurisdiction, even if that activity is not covered by
a permit, if it finds that an emergency requiring immediate action to
protect the public health and safety exists.
    The state also has the authority to sue in a court of competent
jurisdiction and may enforce a state rule or a provision of a permit by
injunction or other appropriate remedy that may include corrective
action. (TWC section 7.032). On request of the executive director, the
attorney general may initiate a suit in the name of the state for
injunctive relief. (TWC section 7.032(e)).
    The TCEQ may assess administrative penalties and civil penalties
for solid waste violations under TWC section 7.051, 7.101, 7.103 and
7.105 through 7.110. Under TWC section 7.052(c) and (d), the TCEQ may
seek administrative penalties of up to $25,000 per day for each
violation for solid waste management violations. TWC section 7.105(a)
specifically provides authority for the Attorney General to initiate a
suit to recover a civil penalty, or for both injunctive relief and a
civil penalty. The Attorney General may represent the State in civil
judicial actions that may seek penalties from $50 to $25,000 per day
for each violation. (TWC section 7.102).
    EPA has preliminarily determined that this aspect of the Texas CCR
permit

program meets the standard for program approval.
5. Intervention in Civil Enforcement Proceedings
    Based on section 7004 of RCRA, it is EPA's judgment that an
adequate State CCR permit program should provide an opportunity for
citizen intervention in civil enforcement proceedings. Specifically,
the state must either: (a) Provide for citizen intervention as a matter
of right or (b) have in place a process to (1) provide notice and
opportunity for public involvement in civil enforcement actions, (2)
investigate and provide responses to citizen complaints about
violations, and (3) not oppose citizen intervention when permissive
intervention is allowed by statute, rule, or regulation.
    Under TWC sections 7.075, and 7.110, Texas has specific authorities
and the TCEQ rules that provide opportunity for public participation in
state enforcement proceedings by allowing persons to comment or
intervene in certain administrative and civil actions. Notice of the
opportunity to comment on the action is published in the Texas
Register. Specifically, TWC sections 7.075(a) and 7.110(a) and (b)
allow for a 30-day public comment period for administrative enforcement
actions and civil enforcement actions. The commission, under TWC
section 7.075(b) and the Office of Attorney General under TWC section
7.110(c), must consider any written comments and may withdraw or
withhold consent to a proposed order, judgment or other agreement if
the comments disclose facts or considerations that indicate that the
consent is inappropriate, improper, inadequate, or inconsistent with
the requirements of the commission's statutes, rules, or permits.
    The TCEQ rules also provide at least two other opportunities for
public participation in enforcement actions, including, (1) when an
agreement is reached in an enforcement action between a respondent and
the executive director, by providing public notice in the Texas
Register and a 30-day public comment period (30 TAC section 70.10(c));
and (2) by providing opportunity for public comments at commission
meetings on enforcement orders, pursuant to the Texas Open Meetings Act
under 30 TAC Chapter 10. Texas Water Code sections 5.176 through 5.1773
provides for a public process for submitting and participating in
complaints about a matter within the commission's jurisdiction. If a
complaint relating to an entity regulated by the commission is filed
with the commission, the commission must notify the parties to the
complaint at least quarterly of the status of the complaint until the
complaint reaches final disposition. Additionally, in accordance with
TWC section 5.176 through 5.1765, the commission maintains a public
website that contains public education materials informing the public
about the commission's complaint policies and procedures, the
collection and preservation of citizen collected evidence, and the
status of environmental complaints and pending enforcement actions, as
well as administrative and judicial orders. Under TWC section 7.110(d),
the Office of the Attorney General may not oppose intervention by a
person who has standing to intervene as provided by Rule 60, Texas
Rules of Civil Procedure.
    EPA has preliminarily determined that these authorities provide for
an adequate level of citizen involvement in the enforcement process,
and that this aspect of the Texas CCR permit program meets the standard
for program approval.

B. Adequacy of Technical Criteria

    EPA conducted an analysis of the Texas CCR Permit Program
Application, including a thorough analysis of Texas statutory
authorities for the CCR program, as well as its regulations at 30 TAC
Chapter 352. As noted, Texas has requested partial program approval of
its CCR permit program.
1. Texas CCR Regulatory Authority
    On May 6, 2020, the TCEQ adopted 30 TAC Chapter 352--Coal
Combustion Residuals Waste Management, which in general are identical
or analogous to the requirements of the self-implementing 40 CFR part
257, subpart D. The TCEQ's CCR regulations were effective as of May 28,
2020.\4\ The commission adopted Chapter 352 under: (1) TWC section
5.102, which provides the commission the power to perform any acts
necessary and convenient to the exercise of its jurisdiction and powers
as provided by the TWC and other laws; TWC section 5.103, which
provides the commission with the authority to adopt any rules necessary
to carry out its powers and duties under the TWC and other laws of the
State; and TWC, section 5.105, which authorizes the commission to
establish and approve all general policy of the commission by rule; and
(2) THSC, Solid Waste Disposal Act, sections 361.017 and 361.024, which
authorize the commission to regulate industrial solid waste and
municipal hazardous waste and to adopt rules consistent with the
general intent and purposes of the THSC; and THSC section 361.090(d),
which allows the commission to adopt rules to control the collection,
handling, storage, processing, and disposal of industrial solid waste
to protect the property of others, public property and rights-of-way,
groundwater, and other rights requiring protection.
---------------------------------------------------------------------------

    \4\ The Texas CCR Regulations are included in Attachment II of
Texas' application and which is available in the docket supporting
this preliminary determination.
---------------------------------------------------------------------------

    The TCEQ has identified 58 units that are currently or have been
used for disposal of CCR (17 landfills and 41 surface impoundments) in
Texas.\5\ The TCEQ demonstrated that it has the personnel and funding
to administer a registration program that is at least as protective as
the Federal requirements.\6\
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    \5\ For more information on the specific facilities covered by
the Texas CCR Permit Program, see Section VII of the Texas Program
Description and Attachment IV of the Texas application which are
available in the docket for this action.
    \6\ The discussion on State personnel and funding is included in
Section VIII of the Program Description, which is included in the
docket for this action.
---------------------------------------------------------------------------

2. Texas CCR Regulations
    EPA has preliminarily determined that the portions of the Texas CCR
permit program that were submitted for approval meet the standard for
approval under RCRA section 4005(d)(1)(B)(i), 42 U.S.C.
6945(d)(1)(B)(i). To make this preliminary determination, EPA compared
the technical requirements in the Texas CCR regulations at 30 TAC
Chapter 352 to the Federal CCR regulations at 40 CFR part 257, subpart
D to determine whether they differed from the Federal requirements, and
if so, whether those differences met the standard in RCRA sections
4005(d)(1)(B)(ii) and (C), 42 U.S.C. 6945(d)(1)(B)(ii) and (C).
    At 30 TAC Chapter 352, the TCEQ largely adopted by reference the
requirements of 40 CFR part 257, subpart D, and implements procedural
requirements for a registration and compliance monitoring program to
authorize CCR units subject to the Federal CCR regulations.
Specifically, Texas adopted by reference 40 CFR 257.52, 40 CFR 257.53,
40 CFR 257.60 through 257.107, and the 40 CFR part 257 Appendices, as
amended through August 5, 2016 (81 FR 51807), and as modified by the
USWAG decision. Texas did not adopt by reference 40 CFR 257.71,
257.95(h) and 257.101(a). See 30 TAC sections 352.2 and 352.3(a), 30
TAC sections 352.601 through 352.981 and 352.1200 through 352.1431.\7\
With

these exceptions, the technical requirements are identical to the
Federal regulations.
---------------------------------------------------------------------------

    \7\ A reference crosswalk comparison of 40 CFR part 257, subpart
D and 30 TAC Chapter 352 provided by Texas is also available in the
docket as Attachment I.
---------------------------------------------------------------------------

    In addition to the technical criteria in 30 TAC Chapter 352, Texas
has adopted State-specific registration for CCR units and public
participation requirements in 30 TAC sections 352.101 through 352.481;
State financial assurance requirements in 30 TAC sections 352.1101 and
352.1111; and for certain activities, Texas has additional requirements
for State notifications by owners and operators of CCR units, and State
approvals by the executive director employed by the commission.
    Specifically, in addition to what is required by 40 CFR part 257,
the State CCR regulations contain additional State-specific
requirements for the use of licensed professional engineers and
geoscientists in 30 TAC section 352.4; use of laboratories accredited
and certified by the State in 30 TAC section 352.5; State notifications
and approvals for specific CCR activities by owners and operators in 30
TAC sections 352.731(b), 352.741(b), 352.831(b), 352.841(b), 352.902,
352.911(b) and (c), 352.931(b), 352.941(b) through (d), 352.951(c)
through (e), 352.981(b) and (c), 352.1221(b) and 352.1241(b) and (c);
pre-opening inspection requirements for new and lateral expansions of
CCR landfills and surface impoundments in 30 TAC section 352.851;
groundwater monitoring and corrective action in 30 TAC sections
352.911(d), 352.951(b) and 352.991; recordkeeping in 30 TAC section
352.1301(b); and posting of information on the publicly accessible
website in 30 TAC section 352.1321(c) and (d).
3. Texas Partial Program
    The TCEQ is seeking approval of its state CCR permit program, in
part, pursuant to RCRA section 4005(d). The TCEQ's rules implement the
Federal regulations promulgated through August 5, 2016, and as modified
by the USWAG decision. The TCEQ has not amended state CCR program rules
to implement the Part A Final Rule. Accordingly, Texas is not seeking
approval for the following five provisions of its regulations, which
are described in more detail below:
    1. 30 TAC section 352.1(b)(2); this state provision is the analog
to the Federal exclusion of inactive impoundments at inactive
facilities, found at 40 CFR 257.50(e), that was vacated in USWAG;
    2. The state provision that is the analog to the Federal
requirement that multiunit groundwater monitoring systems with unlined
CCR surface impoundments must retrofit or close, found at 40 CFR
257.91(d)(2), which is no longer relevant, as all unlined CCR surface
impoundments must close;
    3. The state provision that is the analog to the Federal
requirement that unlined CCR surface impoundments must retrofit or
close after an assessment of corrective measures is required, found at
40 CFR 257.95(g)(5), which references a provision that was vacated in
USWAG;
    4. 30 TAC sections 352.711(a)(4) and 352.1211(b); these state
provisions relate to the date for unlined surface impoundments to cease
receipt of waste. EPA has since revised the Federal regulation and the
state has not adopted the Federal revision, found at 40 CFR
257.101(a)(1) or 257.101(b)(1)(i);
    5. 30 TAC section 352.1231; this state provision is the analog to
the Federal alternative closure requirements of CCR units, found at 40
CFR 257.103. EPA has since revised the Federal regulation and the state
has not adopted the Federal revision.
    With the exception of the five provisions noted above, EPA has
preliminarily determined that the Texas CCR regulations contain all of
the technical elements of the Federal CCR regulations, including
requirements for location restrictions, design and operating criteria,
groundwater monitoring and corrective action, closure requirements and
post-closure care, recordkeeping, notification and publicly accessible
CCR internet site posting requirements. The Texas CCR permit program
also contains State-specific language, references, definitions, and
State-specific requirements that differ from the Federal CCR
regulations, but which EPA has determined to be ``at least as
protective as'' the Federal criteria.
    The effect of granting a partial approval is that, except for the
five provisions for which EPA has not granted approval, the Texas CCR
permit program will apply in lieu of the Federal regulations. For the
five state provisions that were not approved, the corresponding Federal
requirements will continue to apply directly to facilities, and
therefore facilities must comply with both the Federal requirements and
the state requirements.

V. Proposed Action

    EPA has preliminarily determined that the Texas partial CCR permit
program meets the statutory standard for approval. Accordingly, in
accordance with 42 U.S.C. 6945(d), EPA is proposing to approve the
Texas partial CCR permit program.

Andrew Wheeler,
Administrator.
[FR Doc. 2020-26987 Filed 12-7-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 85 (Wednesday, May 5, 2021)] [Notices] [Page 24059] [FR Doc No: 2021-09552]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting; Date Change

FEDERAL REGISTER CITATION OF PREVIOUS ANNOUNCEMENT: 86 FR 23458, May 3,  2021.

PREVIOUSLY ANNOUNCED TIME AND DATE OF THE MEETING: Thursday, May 6,  2021 at 2:00 p.m.

CHANGES IN THE MEETING: The Closed Meeting scheduled for Thursday, May  6, 2021 at 2:00 p.m., has been changed to Friday, May 7, 2021 at 1:00  p.m.

CONTACT PERSON FOR MORE INFORMATION: For further information; please  contact Vanessa A. Countryman from the Office of the Secretary at (202)  551-5400.

    Dated: May 3, 2021. Vanessa A. Countryman, Secretary. [FR Doc. 2021-09552 Filed 5-3-21; 11:15 am] BILLING CODE 8011-01-P


[Federal Register: July 15, 2009 (Volume 74, Number 134)]
[Notices]
[Page 34385-34386]
[DOCID:fr15jy09-132]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60267; File No. SR-Phlx-2009-42]

Self-Regulatory Organizations; NASDAQ OMX PHLX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change as Modified
by Amendment No. 2 Thereto Relating to Complex Orders

July 9, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on June 26, 2009, NASDAQ OMX PHLX, Inc. (``Phlx'' or ``Exchange'')
filed with the Securities and Exchange Commission (``SEC'' or
``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared by the Exchange. On July
2, 2009, the Exchange filed Amendment No. 1 to the proposed rule
change. On July 7, 2009, Phlx filed Amendment No. 2 to the proposed
rule change and withdrew Amendment No. 1. 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 assess a $.01 per contract fee for Complex
Orders \3\ in equity options that are directed to specialists,
Streaming Quote Traders (``SQTs'') \4\ and Remote Streaming Quote
Traders (``RSQTs'') \5\ by a member or member organization and are
executed electronically as part of a Complex Order.
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    \3\ A Complex Order is composed of two or more components and is
priced as a single order (a ``Complex Order Strategy'') on a net
debit or credit basis. See Exchange Rule 1080, Commentary .08. For a
complete description of the Exchange's Complex Order System. [sic]
See also Securities Exchange Act Release No. 58361 (August 14,
2008), 73 FR 49529 (August 21, 2008) (SR-Phlx-2008-50).
    \4\ An SQT is an Exchange Registered Options Trader (``ROT'')
who has received permission from the Exchange to generate and submit
option quotations electronically through an electronic interface
with AUTOM via an Exchange approved proprietary electronic quoting
device in eligible options to which such SQT is assigned. See
Exchange Rule 1014(b)(ii)(A).
    \5\ An RSQT is an ROT that is a member or member organization
with no physical trading floor presence who has received permission
from the Exchange to generate and submit option quotations
electronically through AUTOM in eligible options to which such RSQT
has been assigned. An RSQT may only submit such quotations
electronically from off the floor of the Exchange. See Exchange Rule
1014(b)(ii)(B).
---------------------------------------------------------------------------

    While changes to the Exchange's fee schedule pursuant to this
proposal are effective upon filing, the Exchange has designated this
proposal to be effective for trades settling on or after July 1, 2009.
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.nasdaqtrader.com/micro.aspx?id=PHLXRulefilings,
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 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 the proposed rule change is to assess a $.01 per
contract fee for Complex Orders \6\ in equity options that are directed
to specialists, Streaming Quote Traders (``SQTs'') \7\ and Remote
Streaming Quote Traders (``RSQTs'') (``Directed Participants'' or
``Directed Specialists, RSQTs, or SQTs'') \8\ by a member or member
organization (``Order Flow Provider'' or ``OFP''),\9\ and executed
electronically on the Exchange's electronic trading platform for
options, the Phlx XL II system.\10\ The $0.01 per contract rate would
be assessed to the Direct [sic] Participants, in lieu of the equity
options transactions fees of $.22 per contract side for Registered
Option Traders (``ROTs'') (on-floor) and $.21 per contract side for
specialists on contracts executed electronically as part of a Complex
Order.\11\ This fee assessment would not apply to single sided Directed
Orders \12\ pursuant to

Exchange Rule 1080(l). Customers who are on the contra-side of a trade
involving Directed Orders would not be subject to a fee. Also, Complex
Orders in index and foreign currency options would not be subject to
this assessment, but will continue to be assessed the option
transaction charges in effect on the Exchange for simple orders for all
participants. The Exchange proposes this amendment in order to create
incentives for specialists, SQTs and RSQTs that receive directed order
flow to provide liquidity in Complex Orders sent to the Exchange for
execution and to encourage directed order flow.
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    \6\ A Complex Order is composed of two or more components and is
priced as a single order (a ``Complex Order Strategy'') on a net
debit or credit basis. See Exchange Rule 1080, Commentary .08. For a
complete description of the Exchange's Complex Order System. [sic]
See also Securities Exchange Act Release No. 58361 (August 14,
2008), 73 FR 49529 (August 21, 2008) (SR-Phlx-2008-50).
    \7\ An SQT is an Exchange Registered Options Trader (``ROT'')
who has received permission from the Exchange to generate and submit
option quotations electronically through an electronic interface
with AUTOM via an Exchange approved proprietary electronic quoting
device in eligible options to which such SQT is assigned. See
Exchange Rule 1014(b)(ii)(A).
    \8\ See Exchange Rule 1080(l), ``* * * The term `Directed
Specialist, RSQT, or SQT' means a specialist, RSQT, or SQT that
receives a Directed Order.'' A Directed Participant has a higher
quoting requirement as compared with a specialist, SQT or RSQT who
is not acting as a Directed Participant. See Exchange Rule 1014.
    \9\ See Exchange Rule 1080(l). ``* * * The term `Order Flow
Provider' (`OFP') means any member or member organization that
submits, as agent, customer orders to the Exchange.''
    \10\ See Securities Exchange Act Release No. 59995 (May 28,
2009), 74 FR 26750 (June 3, 2009) (SR-Phlx-2009-32).
    \11\ In addition the Exchange notes that currently Registered
Option Traders (on-floor) and specialists that exceed 4.5 million
contracts (``Volume Threshold'') in a given month are assessed $.01
per contract on contract volume above the Volume Threshold instead
of the applicable options transaction charges.
    \12\ See Exchange Rule 1080(l), ``* * * The term `Directed
Order' means any customer order (other than a stop or stop-limit
order as defined in Rule 1066) to buy or sell which has been
directed to a particular specialist, RSQT, or SQT by an Order Flow
Provider, as defined below. To qualify as a Directed Order, an order
must be delivered to the Exchange via AUTOM.'' See also See [sic]
Securities Exchange Act Release No. 59995 (May 28, 2009), 74 FR
26750 (June 3, 2009) (SR-Phlx-2009-32) (The Exchange replaced the
terms AUTOM and AUTO-X with the Phlx XL System, such that references
to both terms refer to Phlx XL.)
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    Currently, the Exchange assesses an equity option transaction
charge of $.08 per contract side for specialists and ROTs, including
SQTs and RSQTs, on contracts executed electronically as part of a
Complex Order in equity options. Market participants other than
specialists and ROTs are assessed the applicable current equity option
transaction charge. Complex Orders are currently assessed on a net
debit/credit basis and are billed on a per contract side basis,
regardless of the manner in which the order was delivered to the
Exchange.
2. Statutory Basis
    The Exchange believes that its proposal to amend its schedule of
fees is consistent with Section 6(b) of the Act \13\ in general, and
furthers the objectives of Section 6(b)(4) of the Act \14\ in
particular, in that it is an equitable allocation of reasonable fees
and other charges among Exchange members. Specifically, the Exchange
believes that this proposal is equitable because it would apply evenly
to specialists, SQTs and RSQTs transacting with Complex Orders sent to
the Exchange for execution, in that any specialist, SQT or RSQT may act
as a Directed Participant and receive the $.01 per contract fee. Also,
the Exchange believes this proposal will increase liquidity in Complex
Orders.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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 \15\ and paragraph (f)(2) of Rule 19b-4 \16\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission may summarily abrogate 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.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \16\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2009-42 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-Phlx-2009-42. 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 inspection and
copying 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 No. SR-Phlx-2009-42 and should be
submitted on or before August 5, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Elizabeth M. Murphy,
Secretary.
 [FR Doc. E9-16714 Filed 7-14-09; 8:45 am]

BILLING CODE 8010-01-P