statute provides EPA with the discretion to evaluate whether compliance
with title V would be unnecessarily burdensome to specific area sources.
For the sources we are exempting, we conclude that requiring title V
permits would be unnecessarily burdensome.

Second, the commenter mischaracterizes the first factor by asserting
that EPA must demonstrate that title V will provide no additional
compliance benefits. The first factor calls for a consideration of
“whether title V would result in significant improvements to the
compliance requirements, including monitoring, recordkeeping, and
reporting, that are proposed for an area source category.” Thus,
contrary to the commenter’s assertion, the inquiry under the first
factor is not whether title V will provide any compliance benefit, but
rather whether it will provide significant improvements in compliance
requirements.

The monitoring, recordkeeping and reporting requirements in the rule are
sufficient to assure compliance with the requirements of this rule for
the sources we are exempting, consistent with the goal in title V
permitting. For example, in the Notification of Compliance Status
report, the source must certify that it has implemented management
practices, and, if necessary, installed controls and established
monitoring parameters. See 40 CFR 63.11501 in the final rule. The source
must also submit deviation reports to the permitting agency every 6
months if there has been a deviation in the requirements of the rule.
See 40 CFR 63.11501 in the final rule. The requirements in the final
rule provide sufficient basis to assure compliance, and EPA does not
believe that the title V requirements, if applicable to the sources that
we are exempting, would offer significant improvements in the compliance
of the sources with the rule.

Third, the commenter incorrectly characterizes our statements in the
proposed rule concerning our application of the third factor. Under the
third factor, EPA evaluates “whether the costs of title V permitting
for the area source category would be justified, taking into
consideration any potential gains in compliance likely to occur for such
sources.” Contrary to what the commenter alleges, EPA did not state in
the proposed rule that compliance with title V would not yield any gains
in compliance with the underlying requirements in the relevant NESHAP,
nor does factor three require such a determination.

Instead, consistent with the third factor, we considered whether the
costs of title V are justified in light of any potential gains in
compliance. In other words, EPA considers the costs of title V
permitting requirements, including consideration of any improvement in
compliance above what the rule requires. In considering the third
factor, we stated, in part, that, “[b]ecause the costs, both economic
and non-economic, of compliance with title V are high, and the potential
for gains in compliance is low, title V permitting is not justified for
this source category. Accordingly, the third factor supports title V
exemptions for these area source categories.” See 73 FR 58373.

Most importantly, EPA considered all four factors in the balancing test
in determining whether title V was unnecessarily burdensome on the area
source category we are exempting from title V in this final rule. As
stated above, we have determined that title V is appropriate for
synthetic area sources that installed add-on controls and we are not
finalizing the exemption for those sources. As to the remaining sources,
the commenter’s statements do not demonstrate a flaw in EPA’s
application of the four-factor balancing test to the specific facts of
the sources we are exempting, nor do the comments provide sufficient
basis for the Agency to reconsider its proposal to exempt the natural
area sources and synthetic area sources that took operational limits to
maintain HAP below major source levels.

Comment: According to one commenter, EPA argued that alternative State
implementation and enforcement programs assure compliance with the
underlying NESHAP without relying on title V permits (73 FR 58373).  The
commenter states that again, EPA’s claim is entirely conclusory and
generic. The commenter also states that “the Agency does not identify
any aspect of any of the underlying NESHAP showing that with respect to
these specific NESHAP — unlike all the other major and area source
NESHAP it has issued without title V exemptions – title V compliance
is unnecessary” (emphasis added). Instead, according to the commenter,
EPA merely pointed to existing State requirements and the potential for
actions by States and EPA that are generally applicable to all
categories (along with some small business and voluntary programs). The
commenter says that, absent a showing by EPA that distinguishes the
sources it proposes to exempt from other sources, the Agency’s
argument boils down to the generic and conclusory claim that it
generally views title V requirements as unnecessary. The commenter
states that, while this may be EPA’s view, it was not Congress’ view
when Congress enacted title V, and a general view that title V is
unnecessary, does not suffice to show that title V compliance is
unnecessarily burdensome.

Response: Contrary to the commenters’ assertions, EPA does believe
that title V is appropriate under certain circumstances. Indeed, we are
not finalizing the title V exemption for synthetic area sources that
became area sources by virtue of installing add-on controls. However,
given the facts associated with the remainder of the sources in the
categories, we think that exemption from title V is appropriate for
those sources.

In this comment, the commenter again takes issue with the Agency’s
test for determining whether title V is unnecessarily burdensome, as
developed in the Exemption Rule. Our interpretation of the term
“unnecessarily burdensome” is not the subject of this rulemaking. In
any event, as explained above, we believe the Agency’s interpretation
of the term “unnecessarily burdensome” is a reasonable one. To the
extent the commenter asserts that our application of the fourth factor
is flawed, we disagree. The fourth factor involves a determination as to
whether there are implementation and enforcement programs in place that
are sufficient to assure compliance with the rule without relying on the
title V permits. In discussing the fourth factor in the proposal, EPA
states that, prior to delegating implementation and enforcement to a
State, EPA must ensure that the State has programs in place to enforce
the rule. EPA believes that these programs will be sufficient to assure
compliance with the rule. EPA also retains authority to enforce this
NESHAP anytime under CAA sections 112, 113, and 114. EPA also noted
other factors in the proposal that together are sufficient to assure
compliance with this area source NESHAP. The commenter argues that EPA
cannot exempt any of the area sources in these categories from title V
permitting requirements because “[t]he agency does not identify any
aspect of any of the underlying NESHAP showing that with respect to
these specific NESHAP — unlike all the other major and area source
NESHAP it has issued without title V exemptions — title V compliance
is unnecessary” (emphasis added). As an initial matter, EPA cannot
exempt major sources from title V permitting. 42 U.S.C. 502(a). As for
area sources, the standard that the commenter proposes – that EPA must
show that “title V compliance is unnecessary” - is not consistent
with the standard the Agency established in the Exemption Rule and
applied in the proposed rule in determining if title V requirements are
unnecessarily burdensome.

Furthermore, we disagree that the basis for excluding the paints and
allied products manufacturing area sources we are exempting from title V
requirements is generally applicable to sources in any source category.
As explained in the proposal preamble and above, we balanced the four
factors considering the facts and circumstances of the source category
at issue in this rule. For example, in assessing whether the costs of
requiring the sources to obtain a title V permit were burdensome, we
concluded that the high relative costs would not be justified given that
there is likely to be little or no potential gain in compliance,
particularly for sources that are required to comply only with the
management practice requirements contained in the final rule. Almost all
of the sources we are exempting from title V are required to comply only
with management practices.

Comment: One commenter states that, as EPA concedes, the legislative
history of the CAA shows that Congress did not intend EPA to exempt
source categories from compliance with title V unless doing so would not
adversely affect public health, welfare, or the environment.
Furthermore, the commenter states that EPA conceded this point. See 73
FR 58373. Nonetheless, according to the commenter, EPA does not make any
showing that its exemptions would not have adverse impacts on health,
welfare, and the environment. The commenter says that instead, EPA
offered only the conclusory assertion that “the level of control would
remain the same,” whether title V permits are required or not (73 FR
58373). The commenter continues by stating that EPA relied entirely on
the conclusory arguments advanced elsewhere in the proposal that
compliance with title V would not yield additional compliance with the
underlying NESHAP. The commenter states that those arguments are wrong
for the reasons given above, and, therefore, EPA’s claims about public
health, welfare, and the environment are wrong too. The commenter states
that Congress enacted title V for a reason: to assure compliance with
all applicable requirements and to empower citizens to get information
and enforce the CAA. The commenter said that those benefits — of which
EPA’s proposed rule deprives the public — would improve compliance
with the underlying standards and, thus, have benefits for public
health, welfare, and the environment. According to the commenter, EPA
has not demonstrated that these benefits are unnecessary with respect to
any specific source category, but again, simply rests on its own
apparent belief that they are never necessary. The commenter concludes
that, for the reasons given above, that the attempt to substitute
EPA’s judgment for Congress’ is unlawful and arbitrary.

Response: Congress gave the Administrator the authority to exempt area
sources from compliance with title V if, in his or her discretion, the
Administrator “finds that compliance with [title V] is impracticable,
infeasible, or unnecessarily burdensome.” See CAA section 502(a). EPA
has interpreted one of the three justifications for exempting area
sources “unnecessarily burdensome,” as requiring consideration of
the four factors discussed above. At proposal, EPA applied these four
factors to the paints and allied products manufacturing area source
category subject to this rule, and concluded that requiring title V for
this area source category would be unnecessarily burdensome. We maintain
that this conclusion is accurate for the sources we are exempting in
this rule.

In addition to determining that title V would be unnecessarily
burdensome on the area source categories for which we proposed
exemptions, as in the Exemption Rule, EPA also considered, consistent
with our interpretation of the legislative history, whether exempting
the area source categories would adversely affect public health,
welfare, or the environment. As explained in the proposal preamble, we
concluded that exempting the area source category at issue in this rule
would not adversely affect public health, welfare, or the environment
because the level of control would be the same even if title V applied.
We further explained in the proposal preamble that the title V permit
program does not generally impose new substantive air quality control
requirements on sources, but instead requires that certain procedural
measures be followed, particularly with respect to determining
compliance with applicable requirements. The commenter has not provided
any information to demonstrate that the exemption from title V that we
are finalizing will adversely affect public health, welfare, or the
environment.

VI. Impacts of the Final Standards

	Existing paints and allied products manufacturing facilities have made
significant emission reductions since 1990 through product
reformulation, process and cleaning changes, installation of control
equipment, and as a result of OSHA regulations.  Affected sources appear
to be well-controlled, and our GACT determination reflects such
controls.  We estimate that the only impacts associated with this rule
are the capital and annual costs of installing and operating a
particulate control device, the capital cost of adding lids or covers to
process vessels, and the compliance requirements (i.e., reporting,
recordkeeping, and testing).

	We estimate that 21 percent of the facilities, or 460 area sources,
will be required to install particulate control equipment.  The total
capital costs for installing particulate control devices is estimated to
be $8.1 million and the annual cost is estimated to be $3.1 million per
year.

	We estimate that 110 facilities will be required to install lids or
covers on their process, mixing, and storage vessels.  We estimate that
it will cost $38,000 in total capital costs and $5,500 annually.
However, the rule will also provide a cost savings to these same
facilities, because they will have more coatings product at the end of
the manufacturing process.

	The other affected facilities will incur costs only for submitting the
notifications and for completing the annual compliance certification.
The cost associated with recordkeeping and the one-time reporting
requirements is estimated to be $147 per facility.

	Through compliance with this rule, these facilities will reduce total
PM emissions by 6,300 tons/yr (5,700 Mg/yr), total metal HAP emissions
by 4.2 tons/yr (3.8 Mg/yr), and listed urban metal HAP (cadmium,
chromium, lead, nickel) emissions by 0.13 tons/yr (0.11 Mg/yr).  We
estimate that requiring the use of covers on process vessels will reduce
organic HAP emissions by 169 tons/yr (153 Mg/yr), and listed urban
organic HAP (benzene, methylene chloride) emissions by 5.1 tons/yr (4.6
Mg/yr).

VII. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

	This action is a “significant regulatory action” under the terms of
Executive Order 12866 (58 FR 51735, October 4, 1993), and is therefore
subject to review under the Executive Order.

B.  Paperwork Reduction Act

The information collection requirements in this rule have been submitted
for approval to the Office of Management and Budget (OMB) under the
Paperwork Reduction Act, 44 U.S.C. 3501 et seq.  The information
collection requirements are not enforceable until OMB approves them.

The recordkeeping and reporting requirements in this final rule are
based on the requirements in EPA’s NESHAP General Provisions (40 CFR
part 63, subpart A).  The recordkeeping and reporting requirements in
the General Provisions are mandatory pursuant to section 114 of the CAA
(42 U.S.C. 7414).  All information other than emissions data submitted
to EPA pursuant to the information collection requirements for which a
claim of confidentiality is made is safeguarded according to CAA section
114(c) and the Agency’s implementing regulations at 40 CFR part 2,
subpart B.

  This final NESHAP requires Paints and Allied Product Manufacturing
area sources to submit an Initial Notification and a Notification of
Compliance Status according to the requirements in 40 CFR 63.9 of the
General Provisions (subpart A).  Records are required to demonstrate
compliance with the opacity and visual emissions (VE) requirements.  The
owner or operator of a paints and allied products manufacturing facility
also is subject to notification and recordkeeping requirements in 40 CFR
63.9 and 63.10 of the General Provisions (subpart A), although we have
deemed that annual compliance reports are sufficient instead of
semiannual reports.

The annual burden for this information collection averaged over the
first three years of this ICR is estimated to be a total of 2,887 labor
hours per year at a cost of $322,009 or approximately $147 per facility.
 The average annual reporting burden is almost 3 hours per response,
with approximately 2 responses per facility for 730 respondents.  There
are no capital and operating and maintenance costs associated with the
final rule requirements for existing sources.  Burden is defined at 5
CFR 1320.3(b).

An agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB control number. EPA displays OMB control numbers in various
ways.  For example, EPA lists OMB control numbers for EPA's regulations
in 40 CFR part 9, which we amend periodically. Additionally, we may
display the OMB control number in another part of the CFR, or in a valid
Federal Register notice, or by other appropriate means.  The OMB control
number display will become effective the earliest of any of the methods
authorized in 40 CFR part 9.

When this ICR is approved by OMB, the Agency will publish a Federal
Register notice announcing this approval and displaying the OMB control
number for the approved information collection requirements contained in
this final rule.  We will also publish a technical amendment to 40 CFR
part 9 in the Federal Register to consolidate the display of the OMB
control number with other approved information collection requirements.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act generally requires an agency to
prepare a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements under the Administrative Procedure
Act or any other statute unless the agency certifies that the rule would
not have a significant economic impact on a substantial number of small
entities.  Small entities include small businesses, small not-for-profit
enterprises, and small governmental jurisdictions.

    For the purposes of assessing the impacts of this rule on small
entities, small entity is defined as: (1) A small business that meets
the Small Business Administration size standards for small businesses
found at 13 CFR 121.201; (2) a small governmental jurisdiction that is a
government of a city, county, town, school district, or special district
with a population of less than 50,000; and (3) a small organization that
is any not-for-profit enterprise which is independently owned and
operated and is not dominant in its field.

    After considering the economic impacts of this rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities.  This rule is
estimated to impact a total of almost 2,200 area source paints and
allied products manufacturing facilities; over ninety percent of these
facilities are estimated to be small entities. We have determined that
small entity compliance costs, as assessed by the facilities'
cost-to-sales ratio, are expected to be approximately 0.13 percent for
the estimated 460 facilities that would not initially be in compliance.
Although this final rule contains requirements for new area sources, we
are not aware of any new area sources being constructed now or planned
in the next 3 years, and consequently, we did not estimate any impacts
for new sources.

	Although this final rule will not have a significant economic impact on
a substantial number of small entities, EPA nonetheless has tried to
reduce such impact.  The standards represent practices and controls that
are common throughout the paints and allied products manufacturing
industry.  The standards also require only the essential recordkeeping
and reporting needed to demonstrate and verify compliance.  These
standards were developed in consultation with small business
representatives on the state and national level and the trade
associations that represent small businesses.

D.  Unfunded Mandates Reform Act

	This final rule does not contain a Federal mandate that may result in
expenditures of $100 million or more for State, local, and tribal
governments, in the aggregate, or to the private sector in any one year.
 This rule is not expected to impact State, local, or tribal
governments.  The nationwide annualized cost of this rule for affected
industrial sources is $3.1 million/yr.  Thus, this rule would not be
subject to the requirements of sections 202 and 205 of the Unfunded
Mandates Reform Act (UMRA).

	This final rule would also not be subject to the requirements of
section 203 of UMRA because it contains no regulatory requirements that
might significantly or uniquely affect small governments.  The rule
would not apply to such governments and would impose no obligations upon
them.

E. Executive Order 13132: Federalism

	This action does not have federalism implications.  It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132.  This rule does not impose any
requirements on State and local governments.  Thus, Executive Order
13132 does not apply to this final rule.

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

    This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000).  This final rule
imposes no requirements on tribal governments; thus, Executive Order
13175 does not apply to this action.

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

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying to those regulatory actions that concern health or safety
risks, such that the analysis required under section 5-501 of the Order
has the potential to influence the regulation.  This action is not
subject to EO 13045 because it is based solely on technology
performance.

H. Executive Order 13211: Actions Concerning Regulations That

Significantly Affect Energy Supply, Distribution, or Use

    This final rule is not a “significant energy action” as defined
in Executive Order 13211 (66 FR 28355, May 22, 2001) because it is not
likely to have a significant adverse effect on the supply, distribution,
or use of energy.  Further, we have concluded that this rule is not
likely to have any adverse energy effects.  Existing energy requirements
for this industry would not be significantly impacted by the additional
controls or other equipment that may be required by this rule.

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113 (15 U.S.C. 272 note) directs
EPA to use voluntary consensus standards in its regulatory activities
unless to do so would be inconsistent with applicable law or otherwise
impractical. Voluntary consensus standards are technical standards
(e.g., materials specifications, test methods, sampling procedures, and
business practices) that are developed or adopted by voluntary consensus
standards bodies.  NTTAA directs EPA to provide Congress, through OMB,
explanations when the Agency decides not to use available and applicable
voluntary consensus standards.

    This rulemaking involves technical standards. Therefore, the Agency
conducted a search to identify potentially applicable voluntary
consensus standards. However, we identified no such standards, and none
were brought to our attention in comments.

Therefore, EPA has decided to use EPA Method 9 and EPA Method 22.

	Under §63.7(f) and §63.8(f) of Subpart A of the General Provisions, a
source may apply to EPA for permission to use alternative test methods
or alternative monitoring requirements in place of any required testing
methods, performance specifications, or procedures in the final rule and
amendments.

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

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission by
identifying and addressing, as appropriate, disproportionately high and
adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.

	EPA has determined that this final rule would not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it increases the
level of environmental protection for all affected populations without
having any disproportionately high and adverse human health or
environmental effects on any population, including any minority or
low-income population. This rule establishes national standards for the
Paints and Allied Products Manufacturing area source category; this will
reduce HAP emissions, therefore decreasing the amount of emissions to
which all affected populations are exposed.

K.  Congressional Review Act

The Congressional Review Act, 5 U.S.C. 801, et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating the
rule must submit a rule report, which includes a copy of the rule, to
each House of Congress and to the Comptroller General of the United
States.  EPA will submit a report containing this final rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of this final rule in the Federal Register.  A major rule
cannot take effect until 60 days after it is published in the Federal
Register.  This action is not a

“major rule” as defined by 5 U.S.C. 804(2).  This final rule will be
effective on [INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER].

National Emission Standards for Hazardous Air Pollutants:  Area Source
Standards for Paints and Allied Products Manufacturing

Page 92 of 119

List of Subjects in 40 CFR Part 63

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

________________________

Dated:  November xx, 2009.

________________________

Lisa P. Jackson,

Administrator.

For the reasons stated in the preamble, title 40, chapter I, part 63 of
the Code of Federal Regulations is amended as follows:

PART 63—-[AMENDED]

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

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

Subpart A—[AMENDED]

2. Part 63 is amended by adding subpart CCCCCCC to read as follows:

Subpart CCCCCCC — National Emission Standards for Hazardous Air
Pollutants for Area Sources:  Paints and Allied Products Manufacturing

Applicability and Compliance Dates

Sec.

63.11599 Am I subject to this subpart?

63.11600 What are my compliance dates?

Standards, Monitoring, and Compliance Requirements

63.11601 What are the standards for new and existing paints and allied
products manufacturing facilities?

63.11602 What are the performance test and compliance requirements for
new and existing sources?

63.11603 What are the notification, reporting, and recordkeeping
requirements?

63.11604 [RESERVED]

Other Requirements and Information

63.11605 What General Provisions apply to this subpart?

63.11606 Who implements and enforces this subpart?

63.11607 What definitions apply to this subpart?

63.11608 -- 63.11638 [RESERVED]

Tables to Subpart CCCCCCC of Part 63

Table 1 to Subpart CCCCCCC of Part 63—

Applicability of General Provisions to Subpart CCCCCCC

Subpart CCCCCCC -- National Emission Standards for Hazardous Air
Pollutants for Area Sources:  Paints and Allied Products Manufacturing

Applicability and Compliance Dates

§63.11599 Am I subject to this subpart?

(a) You are subject to this subpart if you own or operate a facility
that performs paints and allied products manufacturing that is an area
source of hazardous air pollutant (HAP) emissions and processes, uses,
or generates materials containing one or more of the following HAP:
benzene, methylene chloride, and compounds of cadmium, chromium, lead,
and nickel.

(b) The affected source consists of all paints and allied products
manufacturing processes that process, use, or generate materials
containing one or more of the following HAP: benzene, methylene
chloride, and compounds of cadmium, chromium, lead, and nickel at the
facility.

(1) An affected source is existing if you commenced construction or
reconstruction of the affected source on or before June 1, 2009.

(2) An affected source is new if you commenced construction or
reconstruction of the affected source on or after June 1, 2009.

(3) A facility becomes an affected source when you commence processing,
using, or generating materials containing one or more of the following
HAP:  benzene and methylene chloride, which are organic HAP, and
compounds of cadmium, chromium, lead, and nickel, which are metal HAP.

 (c) You are exempt from the obligation to obtain a permit under 40 CFR
part 70 or 40 CFR part 71, provided you are not otherwise required by
law to obtain a permit under 40 CFR 70.3(a) or 40 CFR 71.3(a).  Whether
you have a title V permit or not, you must continue to comply with the
provisions of this subpart.

(d) An affected source is no longer subject to this subpart if the
facility no longer processes, uses, or generates materials containing
one or more of the following HAP: benzene, methylene chloride, and
compounds of cadmium, chromium, lead, and nickel and does not plan to
process, use or generate these HAP in the future.

(e) The standards of this subpart do not apply to research and
development facilities, as defined in section 112(c)(7) of the CAA.

§ 63.11600 What are my compliance dates?

(a) If you own or operate an existing affected source, you must achieve
compliance with the applicable provisions in this subpart by [INSERT TWO
YEARS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER].

	(b)  If you own or operate a new affected source, you must achieve
compliance with the applicable provisions of this subpart by [INSERT
AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER], or upon startup of
your affected source, whichever is later.

(c)  If you own or operate a facility that becomes an affected source in
accordance with §63.11599(b)(3) after the applicable compliance date in
paragraphs (a) or (b) of this section, you must achieve compliance with
the applicable provisions of this subpart by the date that you commence
processing, using, or generating materials containing one or more of the
following HAP: benzene, methylene chloride, and compounds of cadmium,
chromium, lead, and nickel.

Standards, Monitoring, and Compliance Requirements

§ 63.11601 What are the standards for new and existing paints and
allied products manufacturing facilities?

(a) For each new and existing affected source, you must comply with the
requirements in paragraphs (a)(1) through (6) of this section. These
requirements apply at all times.

(1) You must add the dry pigments and solids that contain compounds of
cadmium, chromium, lead, and nickel

(2) You must operate a capture system that minimizes fugitive
particulate emissions during the addition of dry pigments and solids
that contain compounds of cadmium, chromium, lead, and nickel to a
process vessel or to the grinding and milling process.

(3) You must capture particulate emissions and route them to a
particulate control device meeting the requirements of paragraph (a)(5)
of this section during the addition of dry pigments and solids that
contain compounds of cadmium, chromium, lead, and nickel to a process
vessel.  This requirement does not apply to pigments and other solids
that are in paste, slurry, or liquid form.

	(4) You must capture particulate emissions and route them to a
particulate control device meeting the requirements of paragraph (a)(5)
of this section during the addition of dry pigments and solids that
contain compounds of cadmium, chromium, lead, and nickel to the grinding
and milling process.  This requirement does not apply to pigments and
other solids that are in paste, slurry, or liquid form.

	(5) You must capture particulate emissions and route them to a
particulate control device meeting the requirements of paragraph (a)(4)
of this section during the grinding and milling of materials containing
compounds of cadmium, chromium, lead, and nickel.  This requirement does
not apply if the grinding and milling equipment is fully enclosed or if
the pigments and solids are in solution.

	(6) The visible emissions from the particulate control device exhaust
must not exceed 10 percent opacity for particulate control devices that
vent to the atmosphere.  This requirement does not apply to particulate
control devices that do not vent to the atmosphere.

	(7) [RESERVED]

	(b) For each new and existing affected source, you must comply with the
requirements in paragraphs (b)(1) through (5) of this section.

(1) Process and storage vessels that store or process materials
containing benzene or methylene chloride, except for process vessels
which are mixing vessels, must be equipped with covers or lids meeting
the requirements of paragraphs (b)(1)(i) through (iii) of this section.

(i)  The covers or lids can be of solid or flexible construction,
provided they do not warp or move around during the manufacturing
process.

(ii)  The covers or lids must maintain contact along at least 90 percent
of the vessel rim.  The 90 percent cover requirement is calculated by
subtracting the length of any visible gaps from the circumference of the
process vessel, and dividing this number by the circumference of the
process vessel.

(iii) The covers or lids must be maintained in good condition.

(2) Mixing vessels that store or process materials containing benzene or
methylene chloride must be equipped with covers that completely cover
the vessel, except for safe clearance of the mixer shaft.

(3) All vessels that store or process materials containing benzene or
methylene chloride must be kept covered at all times, except for quality
control testing and product sampling, addition of materials, material
removal, or when the vessel is empty.  The vessel is empty if:

(i) All materials containing benzene or methylene chloride have been
removed that can be removed using the practices commonly employed to
remove materials from that type of vessel, e.g., pouring, pumping, and
aspirating; and

(ii) No more than 2.5 centimeters (one inch) of residue remains on the
bottom of the vessel, or no more than 3 percent by weight of the total
capacity of the vessel remains in the vessel.

(4) Leaks and spills of materials containing benzene or methylene
chloride must be minimized and cleaned up as soon as practical, but no
longer than 1 hour from the time of detection.

(5) Rags or other materials that use a solvent containing benzene or
methylene chloride for cleaning must be kept in closed container.  The
closed container may contain a device that allows pressure relief, but
does not allow liquid solvent to drain from the container.

§ 63.11602 What are the performance test and compliance requirements
for new and existing sources?

(a) For each new and existing affected source, you must demonstrate
initial compliance by conducting the inspection and monitoring
activities in paragraph (a)(1) of this section and ongoing compliance by
conducting the inspection and testing activities in paragraph (a)(2) of
this section.

(1) Initial particulate control device inspections and tests.  You must
conduct an initial inspection of each particulate control device
according to the requirements in paragraphs (a)(1)(i) through (iii) of
this section and perform a visible emissions test according to the
requirements of paragraph (a)(1)(iv) of this section. You must record
the results of each inspection and test according to paragraph (b) of
this section and perform corrective action where necessary.

You must conduct each inspection no later than 180 days after your
applicable compliance date for each control device which has been
operated within 60 days following the compliance date. For a control
device which has not been installed or operated within 60 days following
the compliance date, you must conduct an initial inspection prior to
startup of the control device.

(i) For each wet particulate control system, you must verify the
presence of water flow to the control equipment. You must also visually
inspect the system ductwork and control equipment for leaks and inspect
the interior of the control equipment (if applicable) for structural
integrity and the condition of the control system.

(ii) For each dry particulate control system, you must visually inspect
the system ductwork and dry particulate control unit for leaks. You must
also inspect the inside of each dry particulate control unit for
structural integrity and condition.

(iii) An initial inspection of the internal components of a wet or dry
particulate control system is not required if there is a record that an
inspection has been performed within the past 12 months and any
maintenance actions have been resolved.

(iv) For each particulate control device, you must conduct a visible
emission test consisting of three 1 minute test runs using Method 203C
(40 CFR part 51, appendix M).  The visible emission test runs must be
performed during the addition of dry pigments and solids containing
compounds of cadmium, chromium, lead, and nickel to a process vessel or
to the grinding and milling equipment.  If the average test results of
the visible emissions test runs indicate an opacity greater than the
applicable limitation in §63.11601(a), you must take corrective action
and retest within 15 days.

 (2) Ongoing particulate control device inspections and tests.
Following the initial inspections, you must perform periodic inspections
of each PM control device according to the requirements in paragraphs
(a)(2)(i) or (ii) of this section.  You must record the results of each
inspection according to paragraph (b) of this section and perform
corrective action where necessary.  You must also conduct tests
according to the requirements in paragraph (a)(2)(iii) of this section
and record the results according to paragraph (b) of this section.

(i) You must inspect and maintain each wet particulate control system
according to the requirements in paragraphs (a)(2)(i)(A) through (C) of
this section.

(A) You must conduct a daily inspection to verify the presence of water
flow to the wet particulate control system.

(B) You must conduct weekly visual inspections of any flexible ductwork
for leaks.

(C) You must conduct inspections of the rigid, stationary ductwork for
leaks, and the interior of the wet control system (if applicable) to
determine the structural integrity and condition of the control
equipment every 12 months.

(ii) You must inspect and maintain each dry particulate control unit
according to the requirements in paragraphs (a)(2)(ii)(A) and (B) of
this section.

(A) You must conduct weekly visual inspections of any flexible ductwork
for leaks.

(B) You must conduct inspections of the rigid, stationary ductwork for
leaks, and the interior of the dry particulate control unit for
structural integrity and to determine the condition of the fabric filter
(if applicable) every 12 months.

(iii) For each particulate control device, you must conduct a 5 minute
visual determination of emissions from the particulate control device
every 3 months using Method 22 (40 CFR part 60, appendix A-7).  The
visible emission test must be performed during the addition of dry
pigments and solids containing compounds of cadmium, chromium, lead, and
nickel to a process vessel or to the grinding and milling equipment.  If
visible emissions are observed for two minutes of the required 5 minute
observation period, you must conduct a Method 203C (40 CFR part 51,
appendix M) test within 15 days of the time when visible emissions were
observed.  The Method 203C test will consist of three 1 minute test runs
and must be performed during the addition of dry pigments and solids
containing compounds of cadmium, chromium, lead, and nickel HAP to a
process vessel or to the grinding and milling equipment.  If the Method
203C test runs indicates an opacity greater than the limitation in
§63.11601(a)(4), you must comply with the requirements in paragraphs
(a)(2)(iii)(A) through (C) of this section.

(A)  You must take corrective action and retest using Method 203C within
15 days.  The Method 203C test will consist of three 1 minute test runs
and must be performed during the addition of dry pigments and solids
containing compounds of cadmium, chromium, lead, and nickel to a process
vessel or to the grinding and milling equipment.  You must continue to
take corrective action and retest each 15 days until a Method 203C test
indicates an opacity equal to or less than the limitation in
§63.11601(a)(4).

 (B) You must prepare a deviation report in accordance with §
63.11603(b)(3) of this section for each instance in which the Method
203C opacity results were greater than the limitation in
§63.11601(a)(4).

(C) You must resume the visible determinations of emissions from the
particulate control device in accordance with paragraph (a)(2)(iii) of
this section 3 months after the previous visible determination.

(b) You must record the information specified in paragraphs (b)(1)
through (6) of this section for each inspection and testing activity.

(1) The date, place, and time;

(2) Person conducting the activity;

(3) Technique or method used;

(4) Operating conditions during the activity;

(5) Results; and

(6) Description of correction actions taken.

§ 63.11603 What are the notification, reporting, and recordkeeping
requirements?

	(a) Notifications. You must submit the notifications identified in
paragraphs (a)(1) and (2) of this section.

(1) Initial Notification of Applicability.  If you own or operate an
existing affected source, you must submit an initial notification of
applicability required by § 63.9(b)(2) no later than [INSERT 180 DAYS
AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER].  If you own or
operate a new affected source, you must submit an initial notification
of applicability required by § 63.9(b)(2) no later than 180 days after
initial start-up of the operations or [INSERT 180 DAYS AFTER DATE OF
PUBLICATION IN THE FEDERAL REGISTER], whichever is later.  The
notification of applicability must include the information specified in
paragraphs (a)(1)(i) through (iii) of this section.

(i) The name and address of the owner or operator;

(ii) The address (i.e., physical location) of the affected source; and

(iii) An identification of the relevant standard, or other requirement,
that is the basis of the notification and the source’s compliance
date.

	(2)  Notification of Compliance Status.  If you own or operate an
existing affected source, you must submit a Notification of Compliance
Status in accordance with §63.9(h) of the General Provisions by [INSERT
2 YEARS AND 180 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER].
 If you own or operate a new affected source, you must submit a
Notification of Compliance Status within 180 days after initial
start-up, or by [INSERT 180 DAYS AFTER DATE OF PUBLICATION IN THE
FEDERAL REGISTER], whichever is later.  If you own or operate an
affected source that becomes an affected source in accordance with
§63.11599(b)(3) after the applicable compliance date in §63.11600 (a)
or (b), you must submit a Notification of Compliance Status within 180
days of the date that you commence processing, using, or generating
materials containing one or more of the following HAP: benzene,
methylene chloride, and compounds of cadmium, chromium, lead, and
nickel.  This Notification of Compliance Status must include the
information specified in paragraphs (a)(2)(i) and (ii) of this section.

	(i)  Your company’s name and address;

	(ii)  A statement by a responsible official with that official’s
name, title, phone number, e-mail address and signature, certifying the
truth, accuracy, and completeness of the notification, a description of
the method of compliance (i.e., compliance with management practices,
installation of a wet or dry scrubber) and a statement of whether the
source has complied with all the relevant standards and other
requirements of this subpart.

	(b)  Annual Compliance Certification Report.  You must prepare an
annual compliance certification report according to the requirements in
paragraphs (b)(1) through (b)(3) of this section.  This report does not
need to be submitted unless a deviation from the requirements of this
subpart has occurred.  When a deviation from the requirements of this
subpart has occurred, the annual compliance certification report must be
submitted along with the deviation report.

(1)	Dates.  You must prepare and, if applicable, submit each annual
compliance certification report according to the dates specified in
paragraphs (b)(1)(i) through (iii) of this section.

(i) 	The first annual compliance certification report must cover the
first annual reporting period which begins the day of the compliance
date and ends on December 31.

(ii) Each subsequent annual compliance certification report must cover
the annual reporting period from January 1 through December 31.

	(iii) Each annual compliance certification report must be prepared no
later than January 31 and kept in a readily-accessible location for
inspector review.  If a deviation has occurred during the year, each
annual compliance certification report must be submitted along with the
deviation report, and postmarked no later than February 15.

(2)	General Requirements.  The annual compliance certification report
must contain the information specified in paragraphs (b)(2)(i) through
(iii) of this section.

(i) Company name and address;

(ii) A statement in accordance with §63.9(h) of the General Provisions
that is signed by a responsible official with that official’s name,
title, phone number, e-mail address and signature, certifying the truth,
accuracy, and completeness of the notification and a statement of
whether the source has complied with all the relevant standards and
other requirements of this subpart; and

(iii) Date of report and beginning and ending dates of the reporting
period.  The reporting period is the 12-month period beginning on
January 1 and ending on December 31.

	(3)  Deviation Report.  If a deviation has occurred during the
reporting period, you must include a description of deviations from the
applicable requirements, the time periods during which the deviations
occurred, and the corrective actions taken.  This deviation report must
be submitted along with your annual compliance certification report, as
required by paragraph (b)(1)(iii) of this section.

	(c)	Records.  You must maintain the records specified in paragraphs
(c)(1) through (4) of this section in accordance with paragraphs (c)(5)
through (7) of this section, for five years after the date of each
recorded action.

	(1)  As required in §63.10(b)(2)(xiv), you must keep a copy of each
notification that you submitted in accordance with paragraph (a) of this
section, and all documentation supporting any Notification of
Applicability and Notification of Compliance Status that you submitted.

	(2)  You must keep a copy of each Annual Compliance Certification
Report prepared in accordance with paragraph (b) of this section.

	(3)  You must keep records of all inspections and tests as required by
§63.11602(b).

	(4)  Your records must be in a form suitable and readily available for
expeditious review, according to §63.10(b)(1).

	(5)  As specified in §63.10(b)(1), you must keep each record for 5
years following the date of each recorded action.

	(6)  You must keep each record onsite for at least 2 years after the
date of each recorded action according to §63.10(b)(1).  You may keep
the records offsite for the remaining 3 years.

	(e)  If you no longer process, use, or generate materials that contain
one or more of the following HAP: benzene, methylene chloride, and
compounds of cadmium, chromium, lead, and nickel after [INSERT DATE OF
PUBLICATION IN THE FEDERAL REGISTER], you may choose to submit a
Notification in accordance with §63.11599(d), which must include the
information specified in paragraphs (e)(1) and (2) of this section.

	(1)  Your company’s name and address;

	(2)  A statement by a responsible official indicating that the facility
no longer processes, uses, or generates materials that contain one or
more of the following HAP: benzene, methylene chloride, and compounds of
cadmium, chromium, nickel, and lead, and that there are no plans to
process, use or generate such materials in the future.  This statement
should also include the date by which the company ceased using materials
containing one or more of the following HAP: benzene, methylene
chloride, and compounds of cadmium, chromium, nickel, and lead, and the
responsible official’s name, title, phone number, e-mail address and
signature.

§ 63.11604 [RESERVED]

Other Requirements and Information

§ 63.11605 What General Provisions apply to this subpart?

Table 1 of this subpart shows which parts of the General Provisions in
§§ 63.1 through 63.16 apply to you.

§ 63.11606 Who implements and enforces this subpart?

(a) This subpart can be implemented and enforced by the U.S. EPA or a
delegated authority such as a state, local, or tribal agency. If the
U.S. EPA Administrator has delegated authority to a State, local, or
tribal agency pursuant to 40 CFR Part 63, subpart E, then that Agency
has the authority to implement and enforce this subpart. You should
contact your U.S. EPA Regional Office to find out if this subpart is
delegated to your state, local, or tribal agency.

(b) In delegating implementation and enforcement authority of this
subpart to a state, local, or tribal agency under 40 CFR part 63,
subpart E, the authorities contained in paragraphs (b)(1) through (4) of
this section are retained by the Administrator of the U.S. EPA and are
not transferred to the State, local, or tribal agency.

	(1) Approval of an alternative nonopacity emissions standard under §
63.6(g).

	(2) Approval of a major change to test methods under

§ 63.7(e)(2)(ii) and (f). A ‘‘major change to test method’’

is defined in §63.90

	(3) Approval of a major change to monitoring under

§ 63.8(f). A ‘‘major change to monitoring’’ is defined in

§ 63.90.

(4) Approval of a major change to recordkeeping/reporting under §
63.10(f). A ‘‘major change to recordkeeping/reporting’’ is
defined in § 63.90. As required in § 63.11432, you must comply with
the requirements of the NESHAP General Provisions (40 CFR part 63,
subpart A) as shown in the following table.

§ 63.11607 What definitions apply to this subpart?

Terms used in this subpart are defined in the Clean Air Act, § 63.2,
and in this section as follows:

Construction means the onsite fabrication, erection, or installation of
an affected source. Addition of new equipment to an affected source does
not constitute construction, but it may constitute reconstruction of the
affected source if it satisfies the definition of reconstruction in
§63.2.

Deviation means any instance in which an affected source subject to this
subpart, or an owner or operator of such a source:

(1) Fails to meet any requirement or management practices established by
this subpart;

(2) Fails to meet any term or condition that is adopted to implement a
requirement in this subpart and that is included in the operating permit
for any affected source required to obtain such a permit; or

(3) Fails to meet any emissions limitation or management practice in
this subpart.

Dry particulate control system means an air pollution control device
that uses filtration, impaction, or electrical forces to remove
particulate matter in the exhaust stream.

Fabric filter means an air collection and control system that that
utilizes a bag filter to reduce the emissions of metal HAP and other
particulate matter.

Material containing HAP means a material containing benzene, methylene
chloride, or compounds of cadmium, chromium, lead, and/or nickel, in
amounts greater than or equal to 0.1 percent by weight, as shown in
formulation data provided by the manufacturer or supplier, such as the
Material Safety Data Sheet for the material.Paints and allied products
means materials such as paints, inks, adhesives, stains, varnishes,
shellacs, putties, sealers, caulks, and other coatings from raw
materials that are intended to be applied to a substrate and consists of
a mixture of resins, pigments, solvents, and/or other additives.

Paints and allied products manufacturing means the production of paints
and allied products, the intended use of which is to leave a dried film
of solid material on a substrate.  Typically, the manufacturing
processes that produce these materials are described by Standard
Industry Classification (SIC) codes 285 or 289 and North American
Industry Classification System (NAICS) codes 3255 and 3259 and are
produced by physical means, such as blending and mixing, as opposed to
chemical synthesis means, such as reactions and distillation.  Paints
and allied products manufacturing does not include:

 (1) The manufacture of products that do not leave a dried film of solid
material on the substrate, such as thinners, paint removers, brush
cleaners, and mold release agents;

(2) The manufacture of electroplated and electroless metal films;

(3) The manufacture of raw materials, such as resins, pigments, and
solvents used in the production of paints and coatings; and

(4) Activities by end users of paints or allied products to ready those
materials for application.

Paints and allied products manufacturing process means all the equipment
which collectively function to produce a paint or allied product.  A
process may consist of one or more unit operations.  For the purposes of
this subpart, the manufacturing process includes any, all, or a
combination of, weighing, blending, mixing, grinding, tinting, dilution
or other formulation.  Cleaning operations, material storage and
transfer, and piping are considered part of the manufacturing process.
This definition does not cover activities by end users of paints or
allied products to ready those materials for application.  Quality
assurance and quality control laboratories are not considered part of a
paints and allied products manufacturing process.  Research and
development facilities, as defined in section 112(c)(7) of the CAA are
not considered part of a paints and allied products manufacturing
process.

Particulate control device means the air pollution control equipment
used to remove PM from the effluent gas stream generated by the addition
of pigments and other solids and during the grinding and milling of
pigments and solids. OR

“Particulate control device means the air pollution control equipment
used to remove particulate metal HAP from the effluent gas stream
generated by the processing, using or generating of material containing
HAP.” This definition was modified from the control device definition
in the Steel Plants NSPS,   HYPERLINK
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Process vessel means any stationary or portable tank or other vessel of
any capacity and in which mixing, blending, diluting, dissolving,
temporary holding, and other processing steps occur in the manufacturing
of a coating.

Responsible official means one of the following:

(1) For a corporation: A president, secretary, treasurer, or vice
president of the corporation in charge of a principal business function,
or any other person who performs similar policy or decision-making
functions for the corporation, or a duly authorized representative of
such person if the representative is responsible for the overall
operation of one or more manufacturing, production, or operating
facilities and either:

(i) The facilities employ more than 250 persons or have gross annual
sales or expenditures exceeding $25 million (in second quarter 1980
dollars); or

(ii) The delegation of authority to such representative is approved in
advance by the Administrator.

(2) For a partnership or sole proprietorship: a general partner or the
proprietor, respectively.

(3) For a municipality, State, Federal, or other public agency: either a
principal executive officer or ranking elected official. For the
purposes of this part, a principal executive officer of a Federal agency
includes the chief executive officer having responsibility for the
overall operations of a principal geographic unit of the agency (e.g., a
Regional Administrator of the EPA).

(4) For affected sources (as defined in this part) applying for or
subject to a title V permit: “responsible official” shall have the
same meaning as defined in part 70 or Federal title V regulations in
this chapter (42 U.S.C. 7661), whichever is applicable.

Storage vessel means a tank, container or other vessel that is used to
store organic liquids that contain one or more of the listed HAP as raw
material feedstocks or products. It also includes objects, such as rags
or other containers which are stored in the vessel.  The following are
not considered storage vessels for the purposes of this subpart:

    (1) Vessels permanently attached to motor vehicles such as trucks,
railcars, barges, or ships;

    (2) Pressure vessels designed to operate in excess of 204.9
kilopascals and without emissions to the atmosphere;

    (3) Vessels storing organic liquids that contain HAP only as
impurities;

    (4) Wastewater storage tanks; and

    (5) Process vessels.

Wet particulate control device means an air pollution control device
that uses water or other liquid to contact and remove particulate matter
in the exhaust stream.

§ 63.11608-63.11638 [RESERVED]

Tables to Subpart CCCCCCC of Part 63

TABLE 1 TO SUBPART CCCCCCC OF PART 63.—APPLICABILITY OF GENERAL
PROVISIONS TO PAINTS AND ALLIED PRODUCTS MANUFACTURING AREA SOURCES

	As required in § 63.11599, you must meet each requirement in the
following table that applies to you.

	Part 63 General Provisions that apply for Paints and Allied Products
Manufacturing Area Sources:

Citation	Subject	Applies to subpart CCCCCCC

63.1

63.2

63.3

63.4

63.5

63.6(a),(b)(1)-(b)(5),(c),

(e)(1),(f)(2),

(f)(3),(g),(i),

(j)

63.7(a), (e), and (f)

63.8

63.9(a)-(d),(i), and (j)

63.10(a),(b)(1),

63.10 (d)(1)

63.11

63.12

63.13

63.14

63.15

63.16	Applicability

Definitions

Units and abbreviations

Prohibited activities

Preconstruction review and notification requirements

Compliance with standards and maintenance requirements

Performance testing requirements

Monitoring requirements

Notification Requirements

Recordkeeping and Reporting

Recordkeeping and Reporting

Control device and work practice requirements

State authority and delegations

Addresses of state air pollution control agencies and EPA regional
offices

Incorporation by reference

Availability of information and confidentiality

Performance track provisions	Yes

Yes

Yes

Yes

No

Yes

Yes

No

Yes

Yes

Yes

No

Yes

Yes

No

Yes

No

 Production of paint thinners and paint remover is covered under the
Industrial Organic Chemical Manufacturing Area Source NESHAP, and
electroplated and electroless metal films are covered under the Plating
and Polishing Operations Area Source NESHAP.  Resins manufacturing is
covered under the Plastic Materials and Resins Manufacturing Area Source
NESHAP and pigments manufacturing is covered under the Inorganic Pigment
Manufacturing Area Source NESHAP.

 North American Industry Classification System.

 In this preamble, we use the term “target HAP” to mean the urban
HAP for which the paints and allied products manufacturing source
category is listed under section 112(c)(3).  Those HAP are benzene,
methylene chloride, and compounds of cadmium, chromium, lead, or nickel.
 Further, the regulations define “materials containing HAP” to mean
a material containing one of the target HAP in amounts greater than or
equal to 0.1 percent by weight, as shown in formulation data provided by
the manufacturer or supplier.  See 63.11607.

 Paint and Coatings Manufacturing Sector,  Pollution Prevention
Assessment and Guidance, Washington State Department of Ecology,
Hazardous Waste and Toxics Reduction Program, Publication #98-410,
Revised November 2002.

  Specifically, CAA section 112(d)(3) sets the minimum degree of
emission reduction that MACT standards must achieve, which is known as
the MACT floor.  For new sources, the degree of emission reduction shall
not be less stringent than the emission control that is achieved in
practice by the best controlled similar source, and for existing
sources, the degree of emission reduction shall not be less stringent
than the average emission limitation achieved by the best performing 12
percent of the existing sources for which the Administrator has
emissions information.  CAA Section 112(d)(2) directs EPA to consider
whether more stringent emission reductions (so called beyond-the-floor
limits) are technologically achievable considering, among other things,
the cost of achieving the emission reduction.

 CAA Section 112(d)(5) also references CAA section 112(f).  See CAA
section 112(f)(5) (entitled “Area Sources” and providing that EPA is
not required to conduct a review or promulgate standards under CAA
section 112(f) for any area source category or subcategory listed
pursuant to CAA section 112(c)(3), and for which an emission standard is
issued pursuant to CAA section 112(d)(5)).

 Revision of Source Category List for Standards Under Section 112(k) of
the Clean Air Act; and National Emission Standards for Hazardous Air
Pollutants for Area Sources: Ferroalloys Production Facilities,
September 15, 2008.

  In the Exemption Rule, in addition to determining whether compliance
with title V requirements would be unnecessarily  burdensome on an area
source category, we considered, consistent with the guidance provided by
the legislative history of section 502(a), whether exempting the area
source category would adversely affect public health, welfare or the
environment.  See 72 FR 15254–15255, March 25, 2005. As shown above,
after conducting the four-factor balancing test and determining that
title V requirements would be unnecessarily burdensome on the area
source categories at issue here, we examined whether the exemption from
title V would adversely affect public health, welfare and the
environment, and found that it would not.

 If the commenter objected to our interpretation of the term
‘‘unnecessarily burdensome’’ in the Exemption Rule, (s)he should
have commented on and challenged that rule. However, any challenge to
the Exemption Rule is now time-barred by CAA section 307(b). Although we
received comments on the title V Exemption Rule during the rulemaking
process, no one sought judicial review of that rule.

 As discussed in Section III above, since proposal, we have reconsidered
the proposed exemption for synthetic area source that became area source
by virtue of installing add-on controls and determined that these
sources are generally larger and more sophisticated sources, and that
for these and other reasons, the burden on these sources would not be
significant.

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1. Agency/ Subagency originating request: US EPA, Office of Research and Development and Office of Solid Waste and Emergency Response 2. OMB control number b. G None a. 2080 0048 3. Type of information collection ( check one) a. G New collection b. G Revision of a currently approved collection c. X Extension of a currently approved collection d. G Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number 4. Type of review requested ( check one) a. X Regular b. G Emergency  Approval requested by: / / c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? G Yes X No For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a. X Three years from approval date b. G Other Specify: / /___

7. Title Request for Information for Bioremediation Field Initiative Database System 8. Agency form number( s) ( If applicable) 3248, EPA ICR# 1672.03 9. Keywords bioremediation; biological technologies; waste cleanup 10. Abstract This RFI, which targets representatives of state and local government agencies, private companies, universities, and research centers, will continue compiling information on sites where biological technologies are being tested or implemented. The information will assist EPA in ongoing efforts to increase the use of innovative technologies at Superfund and other sites.

11. Affected public ( Mark primary with " P" and all others that apply with " X") a. Individuals or households d. Farms b. X Business or other for profit e. P Federal Government c. X Not for profit institutions f. X State, Local or Tribal Government 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. X Voluntary b. G Required to obtain or retain benefits c. G Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 781 b. Total annual responses 1.5 1. Percentage of these responses collected electronically 30 % c. Total hours requested 1620 d. Current OMB inventory 2041 e. Difference  421 f. Explanation of difference 1. Program Change 2. Adjustment  421 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars)

a. Total annualized capital/ startup costs 0 b. Total annual costs ( O& M) 0 c. Total annualized cost requested 0 d. Current OMB inventory 69 e. Difference f. Explanation of difference 1. Program change 2. Adjustment 15. Purpose of information collection ( Mark Primary With " P" and all others that apply with " X") a. __ Application for benefits e. _ X Program planning or management b. __ Program evaluation f. _ P_ Research c. __ General purpose statistics g. __ Regulatory or compliance d. __ Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a. Q Recordkeeping b. Q Third party disclosure c. X Reporting 1. Q On occasion 2. Q Weekly 3. Q Monthly 4. Q Quarterly 5. X Semi annually 6. X Annually 7. Q Biannually 8. Q Other ( describe)

17. Statistical methods Does this information collection employ statistical methods?

Q Yes X No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: Fran Kremer Phone: ( 513) 569 7346 OMB 83 I 10/ 95 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, 1 certify that the collection of information encompassed by this request complies with' 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8( b)( 3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

( a) It is necessary for the proper performance of agency functions;

( b) It avoids unnecessary duplication;

( c) It reduces burden on small entities;

( d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents;

( e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

( f) It indicates the retention periods for recordkeeping requirements;

( g) It informs respondents of the information called for under 5 CFR 1320.8( b)( 3): ( I) Why the information is being collected' ( ii) Use of information; ( iii) Burden estimate; ( iv) Nature of response ( voluntary, required for a benefit, or mandatory); ( v) Nature and extent of confidentiality; and ( vi) Need to display currently valid OMB control number;

( h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected ( see note in Item 19 of the instructions);

( I) It uses effective and efficient statistical survey methodology; and ( j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement.

Signature of Program Official Date Signature of Senior Official or designee Joseph Retzer, Director Regulatory Information Division Office of Regulatory Management and Evaluation ( OPPE) Date OMB 83 I 10/ 95 Certification Requirement for Paperwork Reduction Act Submissions 5 CFR 1320.9 reads " As part of the agency submission to OMB of a proposed collection of information, the agency ( through the head of the agency, the Senior Official or their designee) shall certify ( and provide a record supporting such certification) that the proposed collection of information

"( a) is necessary for the proper performance of the functions of the agency, including that the information to be collected will have practical utility;

"( b) is not unnecessarily duplicative of information otherwise reasonably accessible to the agency;

"( c) reduces to the extent practicable and appropriate the burden on persons who shall provide information to or for the agency, including with respect to small entities, as defined in the Regulatory Flexibility Act 5 U. S. C § 601( 6)), the use of such techniques as:

"( 1) establishing differing compliance or reporting requirements or timetables that take into account the resources available to those who are to respond; "( 2) the clarification, consolidation, or simplification of compliance and reporting requirements; or collection of information , or any part thereof; "( 3) an exemption from coverage of the collection of information, or any part thereof;

"( d) is written using plain, coherent, and unambiguous terminology and is understandable to those who are to respond;

"( e) is to be implemented in ways consistent and compatible, to the maximum extent practicable, with the existing reporting and recordkeeping practices of those who are to respond;

"( f) indicates for each recordkeeping requirement the length of time persons are required to maintain the records specified;

"( g) informs potential respondents of the information called for under § 1320.8( b)( 3); [ see below]

"( h) has been developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected, including the processing of the information in a manner which shall enhance, where appropriate, the utility of the information to agencies and the public;

"( I) uses effective and efficient statistical survey methodology appropriate to the purpose for which the information is to be collected; and "( j) to the maximum extent practicable, uses appropriate information technology to reduce burden and improve data quality, agency efficiency and responsiveness to the public."

NOTE: 5 CFR 1320.8( b)( 3) requires that each collection of information:

"( 3) informs and provides reasonable notice to the potential persons to whom the collection of information is addressed of: "( I) the reasons the information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( ii) the way such information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( iii) an estimate, to the extent practicable, of the average burden of the collection ( together with a request that the public direct to the agency any comments concerning the accuracy of this burden estimate and any suggestions for reducing this burden); "( iv) whether responses to the collection of information are voluntary, required to obtain or retain a benefit ( citing authority), or mandatory ( citing authority); "( v) the nature and extent of confidentiality to be provided, if any ( citing authority); and "( vi) the fact that any agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number."

OMB 83 I ( Instructions) 10/ 95


[Federal Register: June 12, 2006 (Volume 71, Number 112)]
[Notices]
[Page 33732]
[DOCID:fr12jn06-52]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER06-1040-000]

Duke Power Company LLC; Notice of Filing

June 6, 2006.
    Take notice that on May 18, 2006, Duke Power Company LLC dba Duke
Energy Carolinas, LLC (Duke) submitted Partial Requirements Service
Agreements with Blue Ridge Electric Membership Corporation, Piedmont
Electric Membership Corporation, and Rutherford Electric Membership
Corporation. On also take notice that on May 19, 2006, Duke submitted a
supplement its filing.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible online at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on June 13, 2006.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-9096 Filed 6-9-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 101 (Wednesday, May 25, 2016)]
[Notices]
[Pages 33275-33278]
[FR Doc No: 2016-12237]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77855; File No. SR-NASDAQ-2016-057]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend and Clarify Closed-End Funds Annual Fees

May 19, 2016.
    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 May 12, 2016, The NASDAQ Stock Market LLC (``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. 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.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to clarify and conform the amount of annual
fees charged to individual closed-end management investment companies
registered under the Investment Company Act of 1940, as amended
(``Closed-End Funds'') and two or more Closed-End Funds that have a
common investment adviser or have investment advisers who are
``affiliated persons'' as defined in Section 2(a)(3) of the Investment
Company Act of 1940, as amended (``fund family''). These amendments are
effective upon filing. The text of the proposed rule change is set
forth below. Proposed new language is in italics; deleted text is in
brackets.
* * * * *

5910. The Nasdaq Global Market (Including the Nasdaq Global Select
Market)

    (a)-(c) No change.
    (d) Standard Annual Fee--American Depositary Receipts (ADRs) and
Closed-End Funds
    (1)-(3) No change.
    (4) For the purpose of determining the total shares outstanding,
fund sponsors may aggregate shares outstanding of all Closed-End Funds
in the same fund family listed on the Nasdaq Global Market or the
Nasdaq Capital Market, as shown in the Company's most recent periodic
reports required to be filed with the appropriate regulatory authority
or in more recent information held by Nasdaq. The maximum annual fee
applicable to a fund family shall not exceed [$75,000 ]$80,000. For
purposes of this rule, a ``fund family'' is defined as two or more
Closed-End Funds that have a common investment adviser or have
investment advisers who are ``affiliated persons'' as defined in
Section 2(a)(3) of the Investment Company Act of 1940, as amended.
    (5)-(6) No change.
    (e)-(f) No change.

IM-5910-1. All-Inclusive Annual Listing Fee

    (a)-(c) No change.
    (d) The All-Inclusive Annual Listing Fee will be calculated on
total shares outstanding according to the following schedules:
    (1)-(2) No change.
    (3) Closed-end Funds:

Up to 50 million shares--$30,000
50+ to 100 million shares--$50,000
100+ to 250 million shares--$75,000
Over 250 million shares--$100,000
    For the purpose of determining the total shares outstanding, fund
sponsors may aggregate shares outstanding of all Closed-End Funds in
the same fund family listed on the Nasdaq Global Market or the Nasdaq
Capital Market, as shown in the Company's most recent periodic reports
required to be filed with the appropriate regulatory authority or in
more recent information held by Nasdaq. A fund family is subject to the
same fee schedule as a single Closed-End Fund and the maximum All-
Inclusive Annual Listing Fee applicable to a fund family shall not
exceed $100,000. For purposes of this rule, a ``fund family'' is
defined as two or more Closed-End Funds that have a common investment
adviser or have investment advisers who are ``affiliated persons'' as
defined in Section 2(a)(3) of the Investment Company Act of 1940, as
amended.
    (e) No change.

5920. The Nasdaq Capital Market

    (a)-(b) No change.
    (c) Standard Annual Fee
    (1)-(6) No change.
    (7) Notwithstanding paragraph (6), for the purpose of determining
the total shares outstanding, fund sponsors may aggregate shares
outstanding of all Closed-End Funds in the same fund family listed on
the Nasdaq Global Market and the Nasdaq Capital Market, as shown in the
Company's most recent periodic reports required to be filed with the
appropriate regulatory authority or in more recent information held by
Nasdaq. The maximum annual fee applicable to a fund family shall not
exceed [$75,000 ]$80,000. For purposes of this rule, a ``fund family''
is defined as two or more Closed-End Funds that have a common
investment adviser or have investment advisers who are ``affiliated
persons'' as defined in Section 2(a)(3) of the Investment Company Act
of 1940, as amended.
    (8) No change.
    (d)-(e) No change.

IM-5920-1. All-Inclusive Annual Listing Fee

    (a)-(c) No change.
    (d) The All-Inclusive Annual Listing Fee will be calculated on
total shares outstanding according to the following schedules:
    (1)-(2) No change.
    (3) Closed-end Funds:

Up to 50 million shares--$30,000
50+ to 100 million shares--$50,000
100+ to 250 million shares--$75,000
Over 250 million shares--$100,000
    For the purpose of determining the total shares outstanding, fund
sponsors may aggregate shares outstanding of all Closed-End Funds in
the same fund family listed on the Nasdaq Global Market or the Nasdaq
Capital Market, as shown in the Company's most recent periodic reports
required to be filed with the appropriate regulatory authority or in
more recent information held by Nasdaq. A fund family is subject to the
same fee schedule as a single Closed-End Fund and the maximum All-
Inclusive Annual Listing Fee applicable to a fund family shall not
exceed $100,000. For purposes of this rule, a ``fund family'' is
defined as two or more Closed-End Funds that have a common investment
adviser or have investment advisers who are ``affiliated persons'' as
defined in Section 2(a)(3) of the Investment Company Act of 1940, as
amended.
    (e) No change.
* * * * *
    The text of the proposed rule change is available on the Exchange's
Website at http://nasdaq.cchwallstreet.com, at the principal office of
the Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change 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 clarify and conform
the amount of annual fees charged to a single Closed-End Fund and a
fund family.
    In 2005, Nasdaq adopted a fee schedule applicable specifically to
Closed-End Funds and permitted a fund sponsor to aggregate the shares
outstanding of all Closed-End Funds listed on Nasdaq that are part of
the

fund family.\3\ The maximum annual fee payable by a fund family was set
to $75,000, equal to the maximum annual fee payable by a single Closed-
End Fund.
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    \3\ Securities Exchange Act Release No. 52277 (August 17, 2005),
70 FR 49347 (August 22, 2005) (approving SR-NASD-2005-96).
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    In 2014, Nasdaq adopted a new All-Inclusive Annual Listing Fee
schedule and increased the maximum annual fee payable by a single
Closed-End Fund.\4\ At that time, Nasdaq inadvertently created a
disparity between the maximum annual fees payable by a single Closed-
End Fund and by a fund family. While Nasdaq increased the maximum
annual fee payable by a single Closed-End Fund from $75,000 to $80,000
and introduced a new All-Inclusive Annual Listing Fee schedule with the
maximum annual fee payable by a single Closed-End Fund equal to
$100,000,\5\ the maximum annual fee payable by a fund family under the
standard annual fee was not changed and remained at $75,000. In
addition, rules specifically allowing for the aggregation of shares in
a fund family were not included in the new All-Inclusive Annual Fee.
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    \4\ Securities Exchange Act Release No. 73647 (November 19,
2014), 79 FR 70232 (November 25, 2014) (approving SR-NASDAQ-2014-
87).
    \5\ Id.
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    Nasdaq proposes to amend Listing Rules 5910(d)(4) and 5920(c)(7) to
increase the maximum annual fee payable by a fund family to $80,000 to
conform such fee to the maximum annual fee payable by a single Closed
End Fund. The creation of this disparity between the fees was
inadvertent and Nasdaq believes that it is reasonable for a fund family
to be subject to the same maximum fee schedule than a single Closed-End
Fund.
    In addition, Nasdaq proposes to amend Listing Rules IM-5910-1 and
IM-5920-1 to clarify that a fund family subject to the All-Inclusive
Annual Fee can aggregate shares in the same manner as a fund family
subject to Nasdaq's standard annual fee. Nasdaq also proposes to
clarify that the All-Inclusive Annual Listing Fee is calculated on
total shares outstanding.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\6\ in general, and furthers the objectives of Sections
6(b)(4) and 6(b)(5) of the Act,\7\ in particular, in that it provides
for the equitable allocation of reasonable dues, fees, and other
charges among members and issuers and other persons using any facility
or system which the Exchange operates or controls, and is not designed
to permit unfair discrimination between customers, issuers, brokers, or
dealers.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4) and (5).
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    As a preliminary matter, Nasdaq competes for listings with other
national securities exchanges and companies can easily choose to list
on, or transfer to, those alternative venues. As a result, the fees
Nasdaq can charge listed companies are constrained by the fees charged
by its competitors and Nasdaq cannot charge prices in a manner that
would be unreasonable, inequitable, or unfairly discriminatory.
    Nasdaq believes that the proposed increase in the annual maximum
fee payable by a fund family is reasonable and not unfairly
discriminatory because such fee is not greater than the fee payable by
a single Closed-End Fund that could be a part of the same fund family.
The parity in such fees had previously been approved by the
Commission.\8\ The proposed rule change makes no adjustments to the fee
schedule applicable to the Closed-End Funds.
---------------------------------------------------------------------------

    \8\ See footnote 3, supra.
---------------------------------------------------------------------------

    Nasdaq also believes that the proposed additional interpretive
material merely clarifies, without changing the substance of the rules,
Nasdaq's current position that a fund family subject to the All-
Inclusive Annual Listing Fee schedule is subject to the same fee
schedule as a single Closed-End Fund. These companies are particularly
sensitive to the expenses they incur, given that they compete for
investment dollars based on return. In addition, Closed-End Funds need
to issue shares as a primary means to expand their businesses and raise
additional money to invest. As such, Nasdaq believes that allowing a
fund family to aggregate the shares outstanding of all Closed-End Funds
listed on Nasdaq that are part of the fund family is reasonable and not
inequitable or unfairly discriminatory.
    Finally, Nasdaq believes that the proposed fees are consistent with
the investor protection objectives of Section 6(b)(5) of the Act \9\ in
that they are designed to promote just and equitable principles of
trade, to remove impediments to a free and open market and national
market system, and in general to protect investors and the public
interest. Specifically, the fees are designed, in part, to ensure that
there are adequate resources for Nasdaq's listing compliance program,
which helps to assure that listing standards are properly enforced and
investors are protected.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    Nasdaq does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended. The market for
listing services is extremely competitive and listed companies may
freely choose alternative venues based on the aggregate fees assessed,
and the value provided by each listing. This rule proposal does not
burden competition with other listing venues, which are similarly free
to set their fees. Moreover, the proposed rule merely conforms fees
charged to similarly situated Nasdaq listed Closed-End Funds and fund
families. For these reasons, Nasdaq does not believe that the proposed
rule change will result in any burden on competition for listings.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\10\
---------------------------------------------------------------------------

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

    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: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.

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-NASDAQ-2016-057 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-NASDAQ-2016-057. 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 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 such filing will also be
available for inspection and copying at the principal office of the
Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NASDAQ-2016-057 and should be submitted on or before June 15, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-12237 Filed 5-24-16; 8:45 am]
 BILLING CODE 8011-01-P