From:
Jones, DonnaLee<EMAIL_ADDRESS>Sent:
Thursday, August 11, 2022 1:09 PM
To:
David Ailor<EMAIL_ADDRESS>Cc:
Daly, Owen<EMAIL_ADDRESS>French, Chuck<EMAIL_ADDRESS>Fruh, Steve<EMAIL_ADDRESS>Lin, Walter<EMAIL_ADDRESS>Mcginn, Kevin<EMAIL_ADDRESS>Raymond, Gabrielle<EMAIL_ADDRESS>Shappley, Ned<EMAIL_ADDRESS>Subject:
RE: DRAFT LISTS OF COETF AND EPA "DO-OUTS" FROM YESTERDAY'S CALL ON 114 TESTING

Hello David:

 We are extending the date for submittal of fugitive monitoring plans, etc., to Tuesday, August 16, 2022.

 Fugitive (monitoring plan, test plan, & QAPP) (Enclosure 2) - Tuesday, August 16, 2022, COB.

 Also, I don't recall one item as being on "EPA's list"

::        Provide list of ambient monitoring stations for which EPA already has data.

I thought we had explained in our meeting Tuesday that ambient monitoring is not a substitute for fenceline monitoring? The one situation we mentioned that might be useful was where there is both upwind and downwind ambient monitors close to the facility. Since these monitors would need to be close by the facility fenceline to be useful, the four COETF facilities required to perform fenceline testing would be in a better position to know if ambient monitors were located in these positions, i.e., the monitors would be visible from facility property. If facilities need to check monitoring stations, see https://www.epa.gov/aqs. For planning purposes, I would assume there are not any data available that would provide the same information as what we are requesting through fenceline emissions testing in the coke RTR 2022 114.

 We will respond at a later time to the requests for extension for the other items on the coke RTR 2022 114 schedule, as per the discussion in our meeting Tuesday this week. We understand the need for timely resolution to the schedule for industry planning purposes. We are planning to discuss these issues soon within the EPA team. I would recommend that facilities proceed with the current schedule until told otherwise.

Regards,
Donna Lee Jones, Ph.D.
Senior Technical Advisor, Metals Sector
U. S. Environmental Protection Agency
Office of Air Quality Planning and Standards
Sector Policies and Programs Division / Metals & Inorganic Chemicals Group (D243-02)
Research Triangle Park, NC  27711  Tele:<PHONE_NUMBER>  Fax<PHONE_NUMBER>
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"Reasonableness never fails to be appreciated."  - anon.

Pronouns - She/Her/Hers
Salutation - Dr./Ms.

From: David Ailor<EMAIL_ADDRESS>Sent: Wednesday, August 10, 2022 4:59 PM
To: Daly, Owen<EMAIL_ADDRESS>French, Chuck<EMAIL_ADDRESS>Fruh, Steve<EMAIL_ADDRESS>Jones, DonnaLee<EMAIL_ADDRESS>Lin, Walter<EMAIL_ADDRESS>Mcginn, Kevin<EMAIL_ADDRESS>'GABRIELLE RAYMOND'<EMAIL_ADDRESS>Shappley, Ned<EMAIL_ADDRESS>Subject: DRAFT LISTS OF COETF AND EPA "DO-OUTS" FROM YESTERDAY'S CALL ON 114 TESTING

Donna Lee et al.:

Thanks again for making the time to meet with the Coke Oven Environmental Task Force (COETF) yesterday to discuss 114 testing the Agency is requesting.  Below, as promised, are draft lists developed by the COETF inclusive of what we believe are the COETF and EPA "do-outs" from the call.  Please let us know ASAP of any errors/omissions you might identify.  Thanks, David Ailor

COETF Do-Outs:

 Provide close-up images of battery bench showing safety hazards  -  tight spaces, moving equipment, etc.
 Provide OSHA reports on previous injuries/fatalities
 Follow-up on EPA request for information on composition/speciation of VOC from byproduct plant processes (LDAR program)

EPA Do-Outs:

 Response to COETF's letter requesting changes to the ICR schedule (expedited response requested)
 Response to COETF's letter requesting changes to the ICR scope
 Provide list of ambient monitoring stations for which EPA already has data
 If any interior/fenceline fugitive monitoring remains in the ICR, confirm whether method can be limited to passive samplers and fenceline locations reduced to 1-2 upwind and 1 downwind
 Confirm whether EPA will accept USS SCOT plant stack test data in lieu of performing new testing
 Confirm whether EPA will accept DTE/EES COG sample data in lieu of performing new testing

David C. Ailor, P.E.
President
American Coke and Coal Chemicals Institute
25 Massachusetts Avenue, N.W.
Suite 800
Washington, D.C. 20001
Phone:<PHONE_NUMBER>
eFax.:<PHONE_NUMBER>
<EMAIL_ADDRESS>www.accci.org


[Federal Register Volume 82, Number 162 (Wednesday, August 23, 2017)]
[Notices]
[Pages 40055-40057]
[FR Doc No: 2017-17809]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81420; File No. SR-NYSE-2017-41]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Change in
Connection With the Name Change of Its Affiliate, From NYSE MKT LLC to
NYSE American LLC

August 17, 2017.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on August 9, 2017, New York Stock Exchange LLC (``NYSE'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II, below, which Items have been prepared by the self-regulatory
organization. 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\ 15 U.S.C. 78a.
    \3\ 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 in connection with the name change of its
affiliate, from NYSE MKT LLC to NYSE American LLC, to amend certain
rules, the Independence Policy of the Board of Directors
(``Independence Policy''), the New York Stock Exchange Price List
(``Price List''), and the NYSE Proprietary Market Data Fees (``Market
Data Fees'') to reflect that name change. The proposed change is
available on the Exchange's Web site 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, in connection with the name change of its
affiliate, from NYSE MKT LLC (``NYSE MKT'') to NYSE American LLC
(``NYSE American''), to amend certain rules of the Exchange, the
Independence Policy, Price List, and Market Data Fees to reflect that
name change.\4\
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    \4\ The Exchange originally filed the proposed changes on July
21, 2017 (SR-NYSE-2017-37), withdrew such filing on July 27 and
refiled the same day (SR-NYSE-2017-39). The Exchange subsequently
withdrew SR-NYSE-2017-39 and refiled on August 2, 2017 (SR-NYSE-
2017-40). SR-NYSE-2017-40 was subsequently withdrawn and replaced by
this filing.
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Background
    On March 16, 2017, NYSE MKT filed rule changes with the Commission
in connection with its name change to NYSE American.\5\ In addition, on
May 19, 2017, NYSE MKT filed rule changes with the Commission
associated with the rebranding of NYSE Amex Options, the Exchange's
facility for trading options, to NYSE American Options.\6\ The NYSE MKT
name change to NYSE American became operative on July 24, 2017.
Accordingly, the Exchange proposes to amend the Independence Policy,
Price List, Market Data Fees, and certain rules to [sic] as detailed
below to reflect the new name of its affiliate, NYSE American.
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    \5\ See Securities Exchange Act Release No.80283 (March 21,
2017), 82 FR 15244 (March 27, 2017) (SR-NYSEMKT-2017-14).
    \6\ See Securities Exchange Act Release No. 80748 (May 23,
2017), 82 FR 24764 (May 30, 2017) (SR-NYSEMKT 2017-20).
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Proposed Rule Changes
     The Exchange proposes to replace ``NYSE MKT LLC'' with
``NYSE American LLC'' in Rule 2, Supplementary Material .10
(``Member'', ``Membership'', ``Member Firm'', etc.); Rule 17(c)(2) (Use
of Exchange Facilities and Vendor Services); Rule 18, Supplementary
Material .10(a) (Compensation in Relation to Exchange System Failure);
Rule 70, Supplementary Material .40(3) (Execution of Floor Broker
Interest); Rule 98 (c)(6) (Operation of a DMM Unit); Rule 103,
Supplementary Material .20(b)(6) (Registration and Capital Requirements
of DMMs and DMM Units); and Rule 103B(IX) (Security Allocation and
Reallocation).
     The Exchange proposes to replace ``NYSE MKT'' with ``NYSE
American'' in Rule 2, Supplementary Material .10 and .20; Rule
17(c)(2); Rule 18, Supplementary Material .10; Rule 36, Supplementary
Material .70(a)(iii) (Communications Between Exchange and Members'
Officers); Rule 70, Supplementary Material .40(3); Rule 103,
Supplementary Material .20(b)(6); and Rule 103B(IX).
     The Exchange proposes to replace ``NYSE Amex Options
Trading Floor'' with ``NYSE American Options Trading Floor'' in Rule
6A(b)(``Trading Floor'') and Rule 36, Supplementary Material .23 and
.70(a).
     The Exchange proposes to replace ``NYSE Amex'' with ``NYSE
American'' in Rule 36, Supplementary Material .23 and .70(a).
     The Exchange proposes to replace ``NYSE Amex-listed'' with
``NYSE American-listed'' in Rule 6A.

     In Rule 70, Supplementary Material .40(3), the Exchange
proposes to replace ``NYSE Amex option'' with ``NYSE American option.''
     In Rule 300, Supplementary Material .10T (Trading
Licenses), the Exchange proposes to replace ``NYSE Amex LLC'' and
``NYSE Amex'' with ``NYSE American LLC'' and ``NYSE American'',
respectively.
Proposed Changes to Independence Policy, Price List, and Market Data
     Independence Policy: The Exchange proposes to replace
``NYSE MKT LLC'' with ``NYSE American LLC'' throughout the Independence
Policy.\7\ Additionally, the Exchange proposes to replace ``[Insert
name of relevant NYSE U.S. Regulated Subsidiary]'' with ``New York
Stock Exchange LLC.'' The text being replaced was used in prior filings
because several entities used the same Independence Policy.\8\
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    \7\ In addition, the Exchange proposes to delete footnote 2 of
the Independence Policy, which has an obsolete reference to NYSE
Regulation, Inc. (``NYSE Regulation''). NYSE Regulation and NYSE
Market (DE), Inc. (``NYSE Market (DE)'') were previously parties to
a Delegation Agreement whereby the Exchange delegated certain
regulatory functions to NYSE Regulation and certain market functions
to NYSE Market (DE). The Delegation Agreement was terminated when
the Exchange re-integrated its regulatory and market functions. As a
result, the two entities ceased being regulated subsidiaries, and
NYSE Regulation was merged out of existence. See Securities Exchange
Act Release No. 75991 (September 28, 2015), 80 FR 59837.
    \8\ Prior to the termination of the Delegation Agreement, the
same Independence Policy applied to the Exchange, NYSE MKT LLC, NYSE
Market (DE), and NYSE Regulation. See Securities Exchange Act
Release Nos. 72156 (May 13, 2014), 79 FR 28782 (May 19, 2014) (SR-
NYSEMKT-2014-41); 67564 (August 1, 2012), 77 FR 47161 (August 7,
2012) (SR-NYSE-2012-17; SR-NYSEArca-2012-59; SR-NYSEMKT-2012-07).
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     Price List: The Exchange proposes to replace ``NYSE MKT''
with ``NYSE American'' throughout the Price List. Additionally, under
``Co-Location Fees,'' the Exchange proposes to replace ``NYSE MKT LLC''
with ``NYSE American LLC'' in General Note 1. The Exchange also
proposes to replace ``NYSE Amex Options'' with ``NYSE American
Options'' in the chart in General Note 4.
     Market Data Fees: In footnote 5, the Exchange proposes to
replace ``NYSE MKT BBO'' and ``NYSE MKT Trades'' with ``NYSE American
BBO'' and ``NYSE American Trades,'' respectively, and to replace ``NYSE
MKT Proprietary Market Data Fees'' with ``NYSE American Proprietary
Market Data Fees.''
    None of the foregoing changes are substantive.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Exchange Act,\9\ in general, and with Section
6(b)(1) \10\ in particular, in that it enables the Exchange to be so
organized as to have the capacity to be able to carry out the purposes
of the Exchange Act and to comply, and to enforce compliance by its
exchange members and persons associated with its exchange members, with
the provisions of the Exchange Act, the rules and regulations
thereunder, and the rules of the Exchange.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(1).
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    The proposed rule change is a non-substantive change and does not
impact the governance or ownership of the Exchange. The Exchange
believes that the proposed rule change would enable the Exchange to
continue to be so organized as to have the capacity to carry out the
purposes of the Exchange Act and comply and enforce compliance with the
provisions of the Exchange Act by its members and persons associated
with its members, because ensuring that the Exchange's rules,
Independence Policy, Price List, and Market Data Fees accurately
reflect the name change of its affiliate from NYSE MKT to NYSE American
would contribute to the orderly operation of the Exchange by adding
clarity and transparency to such rules, Independence Policy, Price
List, and Market Data Fees.
    For similar reasons, the Exchange also believes that the proposed
rule change is consistent with Section 6(b)(5) of the Act,\11\ in that
it is designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, 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.
---------------------------------------------------------------------------

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

    The Exchange believes that the proposed rule change would remove
impediments to and perfect the mechanism of a free and open market and
a national market system by ensuring that market participants can more
easily navigate, understand and comply with the Exchange's rules,
Independence Policy, Price List, and Market Data Fees. The Exchange
believes that, by ensuring that such documents and rulebook accurately
reflect the name change of its affiliate from NYSE MKT to NYSE
American, the proposed rule change would reduce potential investor or
market participant confusion.
    The Exchange believes that the proposed changes to replace
``[Insert name of relevant NYSE U.S. Regulated Subsidiary]'' with ``New
York Stock Exchange LLC'' in the Independence Policy would contribute
to the orderly operation of the Exchange by adding clarity and
transparency to such document.
    Further, the Exchange believes that the proposed deletion of
footnote two of the Independence Policy would remove impediments to,
and perfect the mechanism of a free and open market and a national
market system and, in general, protect investors and the public
interest because the change would eliminate an obsolete reference to
NYSE Regulation, thereby reducing potential confusion. Market
participants and investors would not be harmed and in fact could
benefit from the increased clarity and transparency in the Independence
Policy, ensuring that market participants could more easily understand
the Independence Policy.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change is
not intended to address competitive issues but rather is concerned
solely with updating the Exchange's rules, Independence Policy, Price
List, and Market Data Fees to reflect its affiliates [sic] name change
from NYSE MKT to NYSE American and NYSE Amex Options to NYSE American
Options.

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

    The proposed rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \12\ and Rule 19b-4(f)(3) \13\ thereunder. At
any time within 60 days of the filing of the proposed rule change, the
Commission summarily may temporarily suspend such rule change if it
appears to the Commission that such action is necessary or appropriate
in the

public interest, for the protection of investors, or otherwise in
furtherance of the purposes of the Act. If the Commission takes such
action, the Commission shall institute proceedings under Section
19(b)(2)(B) \14\ 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)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(3).
    \14\ 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 (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2017-41 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-2017-41. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 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; 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-NYSE-2017-41 and should be
submitted on or before September 13, 2017.
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    \15\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-17809 Filed 8-22-17; 8:45 am]
BILLING CODE 8011-01-P