[Federal Register: June 8, 2009 (Volume 74, Number 108)]
[Proposed Rules]
[Page 27084-27085]
[DOCID:fr08jn09-10]

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2009-0296; FRL-8914-3]

Revisions to the California State Implementation Plan, San
Joaquin Valley Unified Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve revisions to the San Joaquin
Valley Unified Air Pollution Control District (SJVUAPCD) portion of the
California State Implementation Plan (SIP). These revisions concern
volatile organic compound (VOC) emissions from organic solvent cleaning
and degreasing operations. We are approving local rules that regulate
these emission sources under the Clean Air Act as amended in 1990 (CAA
or the Act). We are taking comments on this proposal and plan to follow
with a final action.

DATES: Any comments must arrive by July 8, 2009.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2009-0296, by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions.
    2. E-mail<EMAIL_ADDRESS>    3. Mail or Deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.

Instructions: All comments will be included in the public docket
without change and may be made available online at http://
www.regulations.gov, including any personal information provided,
unless the comment includes Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute.
Information that you consider CBI or otherwise protected should be
clearly identified as such and should not be submitted through http://
www.regulations.gov or e-mail. http://www.regulations.gov is an
``anonymous access'' system, and EPA will not know your identity or
contact information unless you provide it in the body of your comment.
If you send e-mail directly to EPA, your e-mail address will be
automatically captured and included as part of the public comment. If
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment.
    Docket: The index to the docket for this action is available
electronically at http://www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available in either location
(e.g., CBI). To inspect the hard copy materials, please schedule an
appointment during normal business hours with the contact listed in the
FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Nicole Law, EPA Region IX, (415) 947-
4126<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.

Table of Contents

I. The State's Submittal
    A. What Rules Did the State Submit?
    B. Are There Other Versions of These Rules?
    C. What Is the Purpose of the Rule Revisions?
II. EPA's Evaluation and Action
    A. How Is EPA Evaluating the Rules?
    B. Do the Rules Meet the Evaluation Criteria?
    C. EPA Recommendations To Further Improve the Rules
    D. Public Comment and Final Action
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What Rules Did the State Submit?

    Table 1 lists the rules addressed by this proposal with the dates
that they were adopted by the local air agency and submitted by the
California Air Resources Board.

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
               Local agency                   Rule No.             Rule title             Adopted     Submitted
----------------------------------------------------------------------------------------------------------------
SJVUAPCD..................................         4662  Organic Solvent Degreasing        09/20/07     03/07/08
                                                          Operations.
SJVUAPCD..................................         4663  Organic Solvent Cleaning,         09/20/07     03/07/08
                                                          Storage, and Disposal.
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    On April 17, 2008, EPA determined that these rule submittals met
the completeness criteria in 40 CFR part 51, appendix V, which must be
met before formal EPA review.

B. Are There Other Versions of These Rules?

    We approved versions of Rules 4662 and 4663 into the SIP on July
27, 2002. The San Joaquin Valley Unified Air Pollution Control District
adopted revisions to the SIP-approved rules on September 20, 2007 and
CARB submitted these to us on March 7, 2008. CARB has not submitted any
other revisions to these rules since 2002.

C. What Is the Purpose of the Rule Revisions?

    VOCs help produce ground-level ozone and smog, which harm human
health and the environment. Section 110(a) of the CAA requires States
to submit regulations that control VOC emissions. The revised rules
limit VOC emissions from organic solvent degreasing operations, organic
solvent cleaning and from the storage and disposal of solvents and
waste solvent materials. The most significant changes in the rules are
reductions of the VOC limits on organic solvents to 25 grams of VOC per
liter solvent. EPA's technical support documents (TSDs) have more
information about these rules.

II. EPA's Evaluation and Action

A. How Is EPA Evaluating the Rules?

    Generally, SIP rules must be enforceable (see section 110(a) of the
Act), must require Reasonably Available Control Technology (RACT) for
each category of sources covered by a Control Techniques Guidelines
(CTG) document as well as each major source in nonattainment areas (see
sections 182(a)(2) and (b)(2)), and must not relax existing
requirements (see sections 110(l) and 193). The San Joaquin Valley
Unified Air Pollution Control District regulates an ozone nonattainment
area for both the 1-hr and the 8-hr ozone standard (see 40 CFR part
81), so Rules 4662 and 4663 must fulfill RACT.
    Guidance and policy documents that we use to evaluate
enforceability and RACT requirements consistently include the
following:
    1. Portions of the proposed post-1987 ozone and carbon monoxide
policy that concern RACT, 52 FR 45044, November 24, 1987.
    2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (the Bluebook).
    3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    4. ``Control of Volatile Organic Emissions from Solvent Metal
Cleaning,'' EPA-450/2-77-022, November 1977.
    5. ``Control Techniques Guidelines for Industrial Cleaning
Solvents,'' EPA-453/R-06-001, September 2006.
    6. ``Organic Solvent Cleaning and Degreasing Operations,'' CARB,
July 18, 1991.
    7. ``Reasonably Available Control Technology (RACT) Demonstration
for Ozone State Implementation Plans (SIP)'' SJVAPCD, April 16, 2009.
    8. ``State Implementation Plans, General Preamble for the
Implementation of Title I of the Clean Air Amendments of 1990,'' 57 FR
13498 (April 16, 1992).
    9. ``Preamble, Final Rule to Implement the 8-hour Ozone National
Ambient Air Quality Standard'' 70 FR 71612 (November 29, 2005).
    10. Letter from William T. Hartnett to Regional Air Division
Directors, ``RACT Qs & As--Reasonable Available Control Technology
(RACT) Questions and Answers,'' May 18, 2006.

B. Do the Rules Meet the Evaluation Criteria?

    We believe these rules are consistent with the relevant policy and
guidance regarding enforceability, RACT, and SIP relaxations. The TSDs
have more information on our evaluation.

C. EPA Recommendations To Further Improve the Rules

    The TSDs describe additional rule revisions that do not affect
EPA's current action but are recommended for the next time the local
agency modifies the Rules.

D. Public Comment and Final Action

    Because EPA believes the submitted rules fulfill all relevant
requirements, we are proposing to fully approve them as described in
section 110(k)(3) of the Act. We will accept comments from the public
on this proposal for the next 30 days. Unless we receive convincing new
information during the comment period, we intend to publish a final
approval action that will incorporate these rules into the Federally
enforceable SIP.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have Tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the State,
and EPA notes that it will not impose substantial direct costs on
Tribal governments or preempt Tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental
relations, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.

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

    Dated: May 21, 2009.
Jane Diamond,
Acting Regional Administrator, Region IX.
[FR Doc. E9-13331 Filed 6-5-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 102 (Wednesday, May 27, 2020)]
[Notices]
[Pages 31832-31836]
[FR Doc No: 2020-11287]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-88917; File No. SR-FINRA-2020-015]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Temporarily Amend Certain Timing, Method of
Service and Other Procedural Requirements in FINRA Rules During the
Outbreak of the Coronavirus Disease (COVID-19)

May 20, 2020.
    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 8, 2020, Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 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

    FINRA proposes to temporarily amend FINRA Rules 1012, 1015, 6490,
9132, 9133, 9146, 9321, 9341, 9349, 9351, 9522, 9524, 9525, 9559, and
9630 primarily to provide FINRA with temporary relief from certain
timing, method of service and other procedural requirements during the
period in which FINRA's operations are impacted by the outbreak of the
coronavirus disease (``COVID-19'').\3\ The text of the proposed rule
change is available on FINRA's website at http://www.finra.org, at the
principal office of FINRA and at the Commission's Public Reference
Room.
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    \3\ While the temporary rule change primarily provides FINRA
with relief, it also requires applicants, respondents and other
parties to file certain applications, documents or other information
by electronic mail, unless FINRA and the relevant party agree to an
alternative method of service. The rule change also temporarily
provides an extension of time for a Requesting Party to file an
appeal in connection with Rule 6490(e) and removes the requirement
to send FINRA a duplicate hard copy of certain documents and
filings. FINRA has proposed these temporary rule changes in an
effort to provide consistent relief to both FINRA and the impacted
party under those rules.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
has prepared summaries, set forth in Sections A, B, and C below, of the
most significant aspects of such statements.
    The outbreak of COVID-19 has caused substantial impacts on FINRA's
operations. Specifically, FINRA employees, with limited exceptions,
have been directed to work remotely and restrict certain in-person
activities, consistent with the recommendations of public health
officials.\4\ FINRA faces challenges meeting certain procedural
requirements and performing certain functions in this remote work
environment. In particular, working remotely makes it exceedingly
difficult to send and receive hard copy mail and conduct in-person
meetings and hearings.
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    \4\ FINRA has noted that state imposed restrictions on business
operations and other activities in response to the spread of COVID-
19 continue and change rapidly. Some states have imposed significant
limitations on business operations, and essential businesses have
scaled back operations by, for example, reducing store hours in some
locations. These developments may impact the ability of some
individuals involved with FINRA proceedings to obtain and send
necessary documents.
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    The rule changes will provide temporary relief from the timing,
method of service and other procedural requirements described below
during the period in which FINRA's operations are impacted by COVID-19.
The rule changes would also require applicants, respondents and other
parties to serve or file certain documents or other information by
electronic mail, unless the parties agree to an alternative method,
during this same time period. As proposed, these changes would be in
place through June 15, 2020.\5\
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    \5\ If FINRA requires temporary relief from these rule
requirements beyond June 15, 2020, FINRA may submit a separate rule
filing to extend the effectiveness of the temporary relief under
these rules. The amended FINRA rules will revert back to their
current state at the conclusion of the temporary relief period and
any extension thereof.
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    The requested relief will help minimize the impact of the COVID-19
outbreak on FINRA's operations, allowing FINRA to continue critical
adjudicatory and review processes in a reasonable and fair manner and
meet its critical investor protection goals, while also following best
practices with respect to the health and safety of its employees.

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

1. Purpose
    The FINRA Rule 1000, 6400, 9100, 9300, 9520, 9550 and 9600 Series
contain some filing, service, timing and other procedural requirements
that present unique challenges in the current remote work environment.
In response to these challenges, FINRA proposed to make temporary
amendments to these rule requirements to (i) allow, and in some
instances require, FINRA to serve certain documents by electronic mail
(or ``email''); (ii) require that applicants, respondents, and other
parties file or serve documents by electronic mail in connection with
specified proceedings and processes, unless the parties agree to an
alternative method of service; (iii) provide extensions of time to
FINRA staff, respondents and other parties in connection with certain
adjudicatory and review processes; and (iv) allow for oral arguments
before the National Adjudicatory Council (``NAC'') to be conducted by
video conference.
a. Amendments To Allow or Require FINRA To Serve Documents by
Electronic Mail
    The current need for FINRA employees to work remotely and restrict
certain in-person activities makes it difficult to send hard copy
documents. FINRA's rules, with few exceptions, however, do not
currently provide for service by electronic mail.\6\ Continuing to
require hard copy service despite the logistical and other challenges
presented by the outbreak of COVID-19 could lead to significant delays
in FINRA proceedings. Accordingly, FINRA proposed the rule amendments
discussed below to allow, and in some instances require, FINRA to serve
documents by electronic mail.
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    \6\ FINRA currently permits service by electronic mail under
some of its rules. For example, FINRA Rule 6490(d)(5) (Processing of
Company-Related Actions; Procedures for Reviewing Submissions;
Notice Issuance) permits a notice under that provision to be issued
by facsimile or electronic mail, or pursuant to Rule 9134.
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    With respect to the temporary amendments that would permit FINRA to
serve certain documents by electronic mail, it is FINRA's intent to
elect service by electronic mail whenever possible. If FINRA has
knowledge that the address utilized for service is not current or not
functional (i.e., FINRA receives a bounce back or other message
indicating that there was a failure to deliver the electronic mail),
FINRA will utilize other permissible methods of service.\7\
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    \7\ As indicated in the proposed rule text, and consistent with
service by mail, FINRA will consider service by email complete upon
sending of the relevant document or other information.
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    In addition, to the extent that an applicant, respondent or other
party will suffer a hardship if FINRA elects service by electronic
mail, FINRA encourages the applicant, respondent or other party to
contact FINRA to discuss reasonable accommodations. FINRA noted that,
in most cases, FINRA and the relevant party, or their counsel, will
have already engaged in communications prior to the service of
documents or other information under the rules that are the subject of
this temporary proposed rule change. Accordingly, in most cases, FINRA
will already have information regarding the relevant party, or their
counsel's, preferred method of service.
    The FINRA Rule 1000 Series (Member Application and Associated
Person Registration) governs, among other things, the process for (i)
applying for FINRA membership; (ii) FINRA members to seek approval of a
change in ownership, control or business operations, and (iii) an
applicant to request that FINRA's appellate body, the NAC, review a
FINRA decision rendered under the 1000 Series. In connection with these
processes, applicants and FINRA are required to file or serve certain
documents using the prescribed methods set forth in FINRA Rule 1012(a),
which do not include electronic mail.\8\ In response to current
conditions, FINRA proposes to temporarily amend Rule 1012(a)(4) to
permit FINRA to serve documents under the Rule 1000 Series by
electronic mail. The proposed rule change also temporarily amends FINRA
Rule 1015(f)(1), which requires the NAC to serve a notice of a hearing
before the NAC by facsimile or overnight courier, to allow service of
the notice by electronic mail.\9\
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    \8\ FINRA Rule 1012(a) (General Provisions; Filing by Applicant
or Service by FINRA) governs the filing and service requirements for
the Rule 1000 Series.
    \9\ In an effort to acknowledge the same logistical and other
challenges facing applicants, FINRA also proposed to amend Rule
1015(a) to temporarily suspend the requirement that the applicant
simultaneously file by first-class mail a copy of the request for
review pursuant to Rule 1015(a) to the district office where the
applicant filed its application.
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    The FINRA Rule 9000 Series, among other things, sets forth the
procedure for FINRA proceedings for disciplining a member, associated
person, or formerly associated person. The Rule 9100 Series is of
general applicability to all proceedings set forth in the Rule 9000
Series, unless a rule specifically

provides otherwise. FINRA Rules 9132(b),\10\ Rule 9133(b),\11\ and Rule
9146(l) \12\ provide that the documents and other information governed
by those rules be served pursuant to FINRA Rule 9134, which permits
service on the parties using the following methods: (1) Personal
service, (2) mail, or (3) courier; Rule 9134 does not permit service by
electronic mail. The proposed rule change temporarily amends Rule
9132(b) to allow FINRA to serve the relevant documents or information
by electronic mail and Rules 9133(b) and 9146(l) to require FINRA to
serve documents by electronic mail, unless the parties agree to an
alternative method of service.
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    \10\ FINRA Rule 9132(b) (Service of Orders, Notices, and
Decisions by Adjudicator; How Served).
    \11\ FINRA Rule 9133(b) (Service of Papers Other Than
Complaints, Orders, Notices or Decisions; How Served).
    \12\ FINRA Rule 9146(l) (Motions; General).
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    The FINRA Rule 9300 Series sets forth the procedures for review of
disciplinary proceedings by the NAC and FINRA Board and for
applications for Commission review. FINRA Rules 9321,\13\ 9341(c),\14\
9349(c),\15\ and 9351(e) \16\ require FINRA to serve documents in
connection with those proceedings. Service under those rules is
governed by Rule 9134, which does not permit electronic mail as a
method of service. The proposed rule change temporarily amends Rules
9321, 9341(c), 9349(c), and 9351(e) to allow for electronic mail as a
method of service.
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    \13\ FINRA Rule 9321 (Transmission of Record).
    \14\ FINRA Rule 9341(c) (Oral Argument; Notice Regarding Oral
Argument).
    \15\ FINRA Rule 9349(c) (National Adjudicatory Council Formal
Consideration; Decision; Issuance of Decision After Expiration of
Call for Review Period).
    \16\ FINRA Rule 9351(e) (Discretionary Review by FINRA Board;
Issuance of Decision After Expiration of Call for Review Period).
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    The FINRA Rule 9520 Series sets forth the procedures for
eligibility proceedings and review of those proceedings by the NAC and
FINRA Board. FINRA Rules 9522(a)(4),\17\ 9524(a)(3)(A) and (B),\18\
Rule 9524(b)(3),\19\ and Rule 9525(e) \20\ require FINRA to serve
documents in connection with those proceedings, but do not allow for
electronic mail as a method of service. The proposed rule change
temporarily amends Rules 9522(a)(4), 9524(a)(3)(A) and (B), 9524(b)(3),
and Rule 9525(e) to allow for electronic mail as a method of service.
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    \17\ FINRA Rules 9522(a)(4) (Initiation of Eligibility
Proceeding; Member Regulation Consideration; Service).
    \18\ FINRA Rule 9524(a)(3)(A) and (B) (National Adjudicatory
Council Consideration; Transmission of Documents).
    \19\ FINRA Rule 9524(b)(3) (National Adjudicatory Council
Consideration; Issuance of Decision After Expiration of Call for
Review Period).
    \20\ FINRA Rule 9525(e) (Discretionary Review by the FINRA
Board; Issuance of Decision).
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    The FINRA Rule 9550 Series sets forth the procedures for expedited
proceedings and the ability of the NAC to call for review a proposed
decision prepared under the Rule 9550 Series. FINRA Rule 9559(h)(2)
\21\ sets forth the timing and method of service requirements for the
parties' exchange of proposed exhibit and witness lists in advance of
an expedited proceeding.\22\ FINRA Rule 9559(q)(2) \23\ requires the
NAC to serve its decision when it issues one and FINRA Rule 9559(q)(5)
requires the NAC to serve the decision on the parties and all members
with which the respondent is associated. Rule 9559(q)(2) and (5) do not
allow for electronic mail as a method of service. The proposed rule
change temporarily amends Rule 9559(h)(2) to require FINRA to serve its
exhibit and witness lists by electronic mail, unless the parties agree
to an alternative method of service, and 9559(q)(2) and (5) to allow
for electronic mail as a method of service.
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    \21\ FINRA Rule 9559(h) (Hearing Procedures for Expedited
Proceedings Under the Rule 9550 Series; Transmission of Documents).
Email is currently permitted as a method of service under Rule
9559(h).
    \22\ As with the proposed temporary change to Rule 1015(a) noted
supra in footnote 9, FINRA proposes to temporarily amend FINRA Rule
9559(h) to also suspend the requirements in Rule 9559(h)(1) and (2)
that, if the specified documents are served by facsimile or email,
they must also be served by either overnight courier or personal
delivery.
    \23\ FINRA Rule 9559(q) (Hearing Procedures for Expedited
Proceedings Under the Rule 9550 Series; Call for Review by the
National Adjudicatory Council).
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    The FINRA Rule 9600 Series sets forth the procedures for members to
seek exemptive relief from a variety of FINRA rules. FINRA Rule
9630(e)(1) and (2) \24\ require the NAC to serve its decision pursuant
to Rule 9134, which does not allow for electronic mail as a method of
service. The proposed rule change temporarily amends Rule 9630(e) to
allow for electronic mail as a method of service.
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    \24\ FINRA Rule 9630(e) (Procedures for Exemptions; Appeal;
Decision).
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    FINRA believes the requested temporary relief to serve documents by
electronic mail in connection with the above referenced rules is
reasonably tailored to the needs and restraints on the organization's
operations during the COVID-19 pandemic. The proposed rule change
strikes an appropriate balance by seeking relief that will minimize
disruptions to FINRA processes, and provide necessary accommodations,
without compromising critical investor protection measures or fair
processes. For example, FINRA is not seeking relief to permit service
of complaints by electronic mail in FINRA disciplinary proceedings due
to heightened fair process concerns. Further, as noted above, FINRA
will use another permissible method of service if it has knowledge that
the address used for service by electronic mail is not current or
functional, or if FINRA is notified by the relevant party that service
by electronic mail would cause a hardship. The proposed relief to serve
some documents by electronic mail incorporated such considerations.
b. Amendments To Require Filing by Electronic Mail
    FINRA's current remote work environment and related restrictions on
accessing FINRA buildings poses significant logistical and other
challenges on FINRA's ability to timely receive and process hard copy
mail. In response, the proposed rule change also temporarily amends
FINRA Rules 1012(a)(3),\25\ 6490(e),\26\ 9133(b), 9146(l),
9524(a)(3)(A) and (B), and 9559(h)(2) to require the applicant,
respondent, or requesting party, depending on the rule, to file or
serve certain documents and information by electronic mail, unless the
parties agree to an alternative method of service. FINRA's intent is to
accommodate an applicant, respondent or other party if service by
electronic mail is not feasible. The requested relief will allow FINRA
to minimize the logistical and other challenges posed by the current
conditions and assist FINRA in maintaining fair review processes and
proceedings.
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    \25\ FINRA Rule 1012(a)(3), as temporarily amended, will allow
the applicant to file requested documents or information using a
method other than electronic mail upon agreement with FINRA.
    \26\ FINRA Rule 6490(e) (Processing of Company-Related Actions;
Request for an Appeal to Subcommittee of Uniform Practice Code
Committee).
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c. Amendments To Provide Extensions of Time
    Operating remotely, and with numerous restrictions in place, also
makes it difficult for FINRA staff to meet certain deadlines related to
the adjudicatory and review processes set forth in FINRA Rules 1015,
6490 and 9559. Accordingly, the proposed rule change requests temporary
extensions of time under these Rules.
    FINRA Rule 1015 governs the process by which an applicant can
appeal an adverse decision rendered by FINRA pursuant to Rule 1014 or
1017 to the

NAC. Rule 1015(f)(1) provides that if a hearing is requested by the
applicant or directed, the hearing must be held within 45 days after
the filing of the request with the NAC or service of the notice by the
Subcommittee.\27\ FINRA proposed to temporarily amend Rule 1015(f)(1)
to require the hearing to take place within 135 days after the filing
of the request with the NAC or service of the notice by the
Subcommittee, providing a 90-day extension to the existing 45-day
deadline. Rule 1015(i) (Subcommittee Recommendation) requires that the
Subcommittee present its recommended decision in writing to the NAC
within 60 days after the hearing held pursuant to 1015(f), and not
later than seven days before the meeting of the NAC at which the
membership proceeding shall be considered. The proposed rule change
temporarily amends Rule 1015(i) to require the Subcommittee to present
its decision in writing 150 days after the date of the hearing held
pursuant to Rule 1015(f), providing a 90-day extension to the existing
60-day deadline.
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    \27\ FINRA Rule 1015(d) (Appointment of Subcommittee) requires
that the NAC (or Review Subcommittee as defined in Rule 9120)
appoint a Subcommittee to participate in the review of the appeal
and provides that the Subcommittee shall be composed of two or more
persons who shall be current or past members of the National
Adjudicatory Council or former Directors or Governors.
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    Rule 6490 codifies the requirements in Exchange Act Rule 10b-17 for
issuers of a class of publicly trading securities to provide timely
notice to FINRA of certain corporate actions (e.g., dividend or other
distribution of cash or securities, stock split or reverse split,
rights or subscription offering). FINRA reviews related documentation
and, under certain circumstances, the documentation may not be
processed if it is deemed deficient. Rule 6490(e) sets forth the
process for appealing such a determination. Rule 6490(e) requires that
a Requesting Party appeal an adverse determination within seven (7)
calendar days of receiving notice of the determination under the Rule,
otherwise the determination will constitute final FINRA action. Rule
6490(e) further requires that the Subcommittee tasked with reviewing
appeals under this Rule to convene once each calendar month to consider
all appeals received during the prior month. The proposed rule change
will temporarily amend Rule 6490(e) to (i) extend the time for a
Requesting Party to file an appeal from seven calendar days to 30
calendar days, and (ii) permit the Subcommittee to convene once every
90 days instead of monthly and review appeals from within the last 90
days rather than the prior month.
    Rule 9559(q)(2) sets forth the deadlines for the Subcommittee of
the NAC to review a proposed decision drafted by the Office of Hearing
Officers in connection with an expedited proceeding and issue a
recommendation to the NAC, if the proceeding is called for review. The
Subcommittee of the NAC is required to meet and conduct its review of
the proposed decision, and provide its recommendation to the NAC, no
later than 40 and 60 days, respectively, after the call for review. The
proposed rule change temporarily amends Rule 9559(q)(2) to require a
Subcommittee of the NAC to meet and conduct its review within 70 days
and make a recommendation to the NAC within 90 days, providing 30-day
extensions to the existing deadlines. These extensions of time
requested in connection with Rules 1015(f)(1) and (i), 6490(e), and
9559(q)(2) provide reasonable grace periods to adjust to current
conditions, the remote work environment and the corresponding
challenges, while maintaining fair and orderly adjudicatory and review
processes under these Rules.
d. Amendment for In-Person Attendance Requirement
    FINRA Rule 9341(d) \28\ provides that oral arguments made in
connection with the review of a FINRA disciplinary proceeding take
place before the Subcommittee or, if applicable, the Extended
Proceeding Committee and requires all members of the relevant
Subcommittee or Extended Proceeding Committee to be present for the
oral argument.\29\ The proposed rule change amends Rule 9341(d) to
temporarily permit oral arguments to be conducted by video conference.
The requested relief is a reasonable accommodation to protect the
health and safety of all parties participating in these adjudicatory
processes while avoiding unnecessary delays to these proceedings.
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    \28\ FINRA Rule 9341(d) (Oral Argument; Attendance Required).
    \29\ See FINRA Rule 9331 (Appointment of Subcommittee or
Extended Proceeding Committee) provides that the NAC or the Review
Subcommittee shall appoint a Subcommittee or an Extended Proceeding
Committee to participate, subject to Rule 9345, in a disciplinary
proceeding appealed or called for review.
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    FINRA would be able to implement the proposed rule change
immediately upon effectiveness of this proposed rule change. FINRA has
filed the proposed rule change for immediate effectiveness and has
requested that the Commission waive the requirement that the proposed
rule change not become operative for 30 days after the date of the
filing, so FINRA can implement the proposed rule change immediately.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of
    Section 15A(b)(6) of the Act,\30\ which requires, among other
things, that FINRA rules must be designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. FINRA believes that the proposed rule change is also
consistent with Section 15A(b)(8) of the Act,\31\ which requires, among
other things, that FINRA rules provide a fair procedure for the
disciplining of members and persons associated with members.
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    \30\ 15 U.S.C. 78o-3(b)(6).
    \31\ 15 U.S.C. 78o-3(b)(8).
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    The proposed rule change would grant FINRA, and in some cases
another party to a proceeding, temporary modifications to its
procedural requirements in order to allow FINRA to maintain fair
processes and protect investors while operating in a remote work
environment, and with corresponding restrictions on its activities. It
is in the public interest, and consistent with the Act's purpose, for
FINRA to receive this relief to specify filing and service methods,
extend certain time periods, and modify the format of oral argument for
FINRA disciplinary and eligibility proceedings and other review
processes in order to cope with the current pandemic conditions.
FINRA's disciplinary and eligibility proceedings and other review
processes serve a critical role in providing investor protection and
maintaining fair and orderly markets by, for example, sanctioning
misconduct and preventing further customer harm by members and
associated persons. As noted above, the proposed rule change strikes an
appropriate balance by seeking needed temporary relief in connection
with rules and requirements that do not raise heightened fairness
concerns.

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

    FINRA does not believe that the temporary proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The proposed
rule change is intended solely to provide temporary relief from
procedural requirements in FINRA rules

that would otherwise impose unnecessary impediments to FINRA's
operations and FINRA's investor protection goals. FINRA does not
believe that the proposed rule change will have any material negative
effect on members and will not impose any new costs.

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

    FINRA has neither solicited nor received comments on the proposed
rule change.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \32\ and Rule 19b-
4(f)(6) \33\ thereunder.
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    \32\ 15 U.S.C. 78s(b)(3)(A).
    \33\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
FINRA has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative for 30 days after the date of filing. However,
pursuant to Rule 19b-4(f)(6)(iii), the Commission may designate a
shorter time if such action is consistent with the protection of
investors and the public interest. FINRA has asked the Commission to
waive the 30-day operative delay so that the proposed rule change may
become operative immediately upon filing. As noted above, FINRA stated
that the requested relief will help minimize the impact of the COVID-19
outbreak on FINRA's operations, allowing FINRA to continue critical
adjudicatory and review processes in a reasonable and fair manner and
meet its critical investor protection goals, while also following best
practices with respect to the health and safety of its employees. FINRA
also stated that while social distancing requirements have been
implemented across the United States to benefit the health and welfare
of its citizens, certain internal processes, as well as interactions
with member firms, required by FINRA rules are more efficiently and
effectively implemented when physical proximity and full access to
necessary products and services are unhampered. FINRA noted that the
proposed rule change will provide temporary relief on many of these
prescriptions to accommodate the impact that the outbreak has had on,
among other things, FINRA employees' ability to interact internally,
with committees and with member firms. FINRA believes that, given the
impacts of the COVID-19 crisis, there is a significant benefit to
quickly implementing this proposed rule change. The Commission also
notes that the proposal provides only temporary relief from, as FINRA
states, the timing, method of service and other procedural
requirements, described above, during the period in which FINRA's
operations are impacted by COVID-19. As proposed, these changes would
be in place through June 15, 2020.\34\ FINRA also noted that the
amended rules will revert back to their current state at the conclusion
of the temporary relief period and, if applicable, any extension
thereof. For these reasons, the Commission believes that waiver of the
30-day operative delay is consistent with the protection of investors
and the public interest. Accordingly, the Commission hereby waives the
30-day operative delay and designates the proposal operative upon
filing.\35\
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    \34\ As noted above, see supra note 5, FINRA states that if it
requires temporary relief from the rule requirements identified in
this proposal beyond June 15, 2020, it may submit a separate rule
filing to extend the effectiveness of the temporary relief under
these rules.
    \35\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule change's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2020-015 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-FINRA-2020-015. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, on business days between the
hours of 10:00 a.m. and 3:00 p.m., located at 100 F Street NE,
Washington, DC 20549. Copies of such filing also will be available for
inspection and copying at the principal office of FINRA. All comments
received will be posted without change.
    Persons submitting comments are cautioned that we do not redact or
edit personal identifying information from comment submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-FINRA-2020-015
and should be submitted on or before June 17, 2020.
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    \36\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\36\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-11287 Filed 5-26-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 210 (Monday, October 31, 2016)]
[Notices]
[Page 75397]
[FR Doc No: 2016-26189]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14790-000]

City of Tuscaloosa, Alabama; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments and Motions To
Intervene

    On June 29, 2016, the City of Tuscaloosa, Alabama filed an
application for a preliminary permit, pursuant to section 4(f) of the
Federal Power Act (FPA), proposing to study the feasibility of the Lake
Tuscaloosa Dam Hydroelectric Project (Lake Tuscaloosa Project or
project) to be located on the North River, near the City of Tuscaloosa
in Tuscaloosa County, Alabama. The sole purpose of a preliminary
permit, if issued, is to grant the permit holder priority to file a
license application during the permit term. A preliminary permit does
not authorize the permit holder to perform any land-disturbing
activities or otherwise enter upon lands or waters owned by others
without the owners' express permission.
    The proposed project would consist of the following: (1) The City
of Tuscaloosa's existing 1,280-foot-long, 36-foot-wide earth filled
embankment dam; (2) a reservoir with a surface area of 5,885 acres and
a storage capacity of 122,755-acre-feet; (3) a 20-foot-long, 96-foot-
wide intake channel; (4) a 200-foot-long, 66-inch-diameter penstock
with a 66-inch-diameter butterfly valve at the junction of the existing
outlet; (5) a powerhouse containing one generating unit with a total
capacity of 3.0 megawatts; (6) a 540-foot-long, 20-foot-wide tailrace;
and (7) a 3.9-mile-long, 15 kV transmission line. The proposed project
would have an estimated average annual generation of 18,207 megawatt-
hours.
    Applicant Contact: Mr. Scott B. Holmes, City of Tuscaloosa., 2201
University Blvd., Tuscaloosa, Alabama 35401; Phone<PHONE_NUMBER>;
Email<EMAIL_ADDRESS>    FERC Contact: Christiane Casey<EMAIL_ADDRESS>(202)
502-8577.
    Competing Application: This application competes with Project No.
14750-000 filed December 22, 2015. Competing applications had to be
filed on or before June 30, 2016.
    Deadline for filing comments and motions to intervene: 60 days from
the issuance of this notice. Comments and motions to intervene may be
filed electronically via the Internet. See 18 CFR 385.2001(a)(1)(iii)
and the instructions on the Commission's Web site http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to
6,000 characters, without prior registration, using the eComment system
at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at 1-866-208-3676, or for TTY,
(202) 502-8659. Although the Commission strongly encourages electronic
filing, documents may also be paper-filed. To paper-file, mail an
original and five copies to: Kimberly D. Bose, Secretary, Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14790) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: October 25, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-26189 Filed 10-28-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: August 16, 2006 (Volume 71, Number 158)]
[Notices]
[Page 47196-47197]
[DOCID:fr16au06-67]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-415-001]

Texas Gas Transmission, LLC; Notice of Supplemental Filing

August 9, 2006.
    Take notice that on August 8, 2006, Texas Gas Transmission, LLC
(Texas Gas) tendered for filing as part of its FERC Gas Tariff, Second
Revised Volume No. 1, Substitute Second Revised Sheet No. 223, to
become effective September 1, 2006.
    Texas Gas states that the purpose of this filing is to propose
certain modifications to Section 10.5(e) of the General Terms and
Conditions in Texas Gas' tariff, in response to certain comments filed
by the Tennessee Valley Authority in the above-referenced docket.

    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing 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. Such protests
must be filed in accordance with the provisions of Section 154.210 of
the Commission's regulations (18 CFR 154.210). Anyone filing a protest
must serve a copy of that document on all the parties to the
proceeding.
    The Commission encourages electronic submission of protests 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 to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    This filing is accessible on-line 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>.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-13374 Filed 8-15-06; 8:45 am]

BILLING CODE 6717-01-P


SUPPORTING STATEMENT FOR EPA INFORMATION COLLECTION REQUEST 2005.01 " THE RCRA SUBTITLE C SITE IDENTIFICATION FORM"

May 22, 2001 Page i TABLE OF CONTENTS 1. IDENTIFICATION OF THE INFORMATION COLLECTION . . . . . . . . . . . . . . . . . . 1 1( a) Title and Number of the Information Collection . . . . . . . . . . . . . . . . . . . . . . . . . 1 1( b) Characterization of the Information Collection . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2. NEED FOR AND USE OF THE COLLECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2( a) Need and Authority for the Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2( b) Use and Users of the Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 3 3( a) Nonduplication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3( b) Public Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3( c) Consultations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3( d) Effects of Less Frequent Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3( e) General Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3( f) Confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3( g) Sensitive Questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4. THE RESPONDENTS AND THE INFORMATION REQUESTED . . . . . . . . . . . . . . . 5 4( a) Respondents and Standard Industrial Classification ( SIC) Codes . . . . . . . . . . . . . 5 4( b) Information Requested . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 5. THE INFORMATION COLLECTED  AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT . . . . . . . . . . . . . . . . . . . 6 5( a) Agency Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 5( b) Collection Methodology and Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 5( c) Small Entity Flexibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 5( d) Collection Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 6. ESTIMATING THE HOUR AND COST BURDEN OF THE COLLECTION . . . . . . . 8 6( a) Estimating Respondent Hourly Burden . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 6( b) Estimating Respondent Cost Burden . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 6( c) Estimating Agency Hour and Cost Burden . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 6( d) Estimating the Respondent Universe and Total Hour and Cost Burden . . . . . . . . 9 6( e) Bottom Line Hour and Cost Tables . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 6( f) Reasons For Change In Burden . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 6( g) Burden Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Page 1 1. IDENTIFICATION OF THE INFORMATION COLLECTION 1( a) Title and Number of the Information Collection This information collection request ( ICR) is entitled " The RCRA Subtitle C Site Identification Form," EPA ICR Number 2005.01.

1( b) Characterization of the Information Collection The Resource Conservation and Recovery Act of 1976 ( RCRA), as amended, requires hazardous waste generators and treatment, storage, and disposal facilities ( TSDFs) to report their hazardous waste activities to EPA or authorized States at least every two years ( RCRA 3002 and 3004). These requirements are in 40 CFR Part 262 for generators, and 40 CFR Parts 264 and 265 for TSDFs.

The Hazardous Waste Report ( also known as the Biennial Report) is the instrument used by generators and TSDFs to satisfy these requirements. The 1999 Hazardous Waste Report ( the most recently completed collection) consisted of four forms: ( i) Identification and Certification ( Form IC); ( ii) Waste Generation and Management ( Form GM); ( iii) Waste Received from Off Site ( Form WR); and ( iv) Off Site Identification ( Form OI).

During 2000, EPA completed an analysis of the information needs of EPA and the States, and developed recommendations for improving EPA's information collection processes. The analysis noted that three different EPA forms collected basic site identification information from the regulated community. Specifically, large quantity generators and TSDFs report site information for the Hazardous Waste Report ( EPA Form 8700 13A/ B) on the Form IC. Basic site information is also collected from all RCRA regulated sites on the Notification of Regulated Waste Activity form ( EPA Form 8700 12). Finally, TSDFs seeking a permit or permit renewal submit site information on the RCRA Hazardous Waste Part A Permit Application ( EPA Form 8700 23). The multiple reporting requirements can give regulators conflicting information about the same site. It is also burdensome for respondents.

To address these concerns EPA developed a new form, the RCRA Site Identification ( Site ID) Form, which standardizes the site information collected on the three forms. For the 2001 Hazardous Waste Report, EPA has replaced the 1999 Form IC with the Site ID Form. This ICR only deals with the Site ID form as part of the Hazardous Waste Report. Please note that the Site ID Form also replaces the Notification of Regulated Waste Activity form, and is submitted as part of the Part A permit application. EPA believes that the Site ID Form will result in increased data accuracy and quality through reduced variation in response.

All sites required to submit the 2001 Hazardous Waste Report must submit a Site ID Form. EPA expects that some states will fill out Site ID Forms with information about a facility Page 2 from their files prior to sending out the form ( known as pre populating a form). Respondents receiving these pre populated forms need only review and update the required items of the form. Sections 1 through 5 of this ICR describe the respondent activities associated with preparing and submitting the Site ID Form with the 2001 Hazardous Waste Report, as well as the Agency activities associated with processing the Site ID Form. Section 6 of this ICR presents the respondent and Agency hour and cost burden associated with these activities.

Note that this ICR does not examine the entire burden of the 2001 Hazardous Waste Report. Rather, the ICR examines the Site ID Form separately because it is used in three different information collections, as described above, and has its own OMB control number. This ICR also does not address the other uses of the Site ID Form ( the site notifications and Part A permit applications).

2. NEED FOR AND USE OF THE COLLECTION 2( a) Need and Authority for the Collection This subsection establishes the need and legal authority for the Site ID Form.

Need for the Information Collection The Site ID Form requests the name and phone number of the site's contact person, the site's physical and mailing address, and information on the types of hazardous waste activities at the site. EPA and the states need this information to ascertain the location of regulated sites and the identity of responsible personnel. Regulators also need this information to learn what is happening at the site. EPA and the states will use the Site ID Form information for compliance purposes ( preparing for site inspections), for planning, and to help develop regulations.

Legal Authority for the Information Collection Under the authority of RCRA Sections 3002 and 3004, as amended, EPA requires generators and TSDFs to prepare and submit the Hazardous Waste Report every two years. The Hazardous Waste Report collects information on the quantities and nature of hazardous wastes that have been generated during the year, the disposition of these hazardous wastes, and changes in the volume of waste achieved in comparison with previous years.

Each site required to complete the Hazardous Waste Report must complete and submit a Site ID Form. Because the Site ID Form collects general site identification information, it assists EPA and the states in learning the identity, number, types of hazardous waste activities, and regulated status of sites submitting the Hazardous Waste Report. The Site ID Form also provides site contact information that is used to follow up with sites in case there are data problems or questions about the Hazardous Waste Report submittal. The Site ID Form is an essential tool in implementing RCRA's reporting requirements. Page 3 2( b) Use and Users of the Data Implementation of the RCRA program requires the collection of information on the number of generators and TSDFs, as well as the characteristics of individual sites. This information, which is collected on the Site ID Form, is used for waste activity monitoring, compliance monitoring, technical assistance, program planning, and waste minimization. The information is also used by public interest groups ( such as the Right to Know Network) and industry.

The data collected in the Site ID Form and the other Hazardous Waste Report forms ( Form GM and WR) are also used by EPA's Office of Solid Waste ( OSW) to prepare a national report summarizing hazardous waste generation and management activities. The data also are used by EPA and the states for programmatic and regulatory needs. States coordinate with EPA Regions and OSW to supply EPA with the data reported by regulated entities for inclusion in a national database ( called RCRAInfo).

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 3( a) Nonduplication The primary purpose of the Site ID Form is to eliminate the duplication among three existing EPA collection mechanisms that collect site information from the regulated community. As discussed above, the Site ID Form standardizes the RCRA site information collected on Form IC of the Hazardous Waste Report, the Notification of Regulated Waste Activity form, and the RCRA Hazardous Waste Part A Permit Application. The Site ID Form replaces the Form IC and the Notification of Regulated Waste Activity form, and is used in conjunction with the Part A permit application. Once a site has submitted the Site ID Form, it can just attach a copy of the previous submittal ( with any changes) when site identification information is requested again.

3( b) Public Notice EPA solicited public comments on the burden assumptions included in this ICR through an announcement in the Federal Register on June 23, 2000 ( 65 FR 39142). The public comment period ended August 22, 2000. EPA received nine comments. Commenters supported the merging of common elements of site identification information onto the Site ID form.

3( c) Consultations Over the past several years, EPA and the states have worked closely in evaluating and improving EPA's information collection processes. The objective of this initiative ( referred to as 1 WIN stands for Waste Information Needs, and is the OSW portion of the project. INFORMED stands for Information Needed for Making Environmental Decisions, and is the State portion of the project.

Page 4 the WIN/ INFORMED Initiative1) is to assess the information needs of the hazardous waste program, assess the way information is managed, and make recommendations for improvement. WIN/ INFORMED also is making changes to improve the collection, quality, use, and management of hazardous waste information, and finding ways to make that information more available to states, Tribes, and the public.

In addition to working closely with our state partners on the WIN/ INFORMED Team, EPA sent the recommended Site ID form to all fifty states for their review. The Agency received comments from thirty states.

Finally, as discussed in Section 3( b) of this ICR, EPA solicited and received public comments on the recommendations via the June 23, 2000, Federal Register notice. EPA reviewed and considered these comments in designing the Site ID form.

3( d) Effects of Less Frequent Collection The Site ID Form is part of the Hazardous Waste Report, which is submitted every two years. This two year cycle is statutorily required. Though some states collect the information contained in the Hazardous Waste Report annually or quarterly, EPA does not require more frequent data collection.

3( e) General Guidelines This ICR adheres to the guidelines stated in the Paperwork Reduction Act of 1995, OMB's implementing regulations, and OMB's Information Collection Review Handbook.

3( f) Confidentiality Section 3007( b) of RCRA and 40 CFR Part 2, Subpart B, which define EPA's general policy on public disclosure of information, contain provisions for confidentiality.

3( g) Sensitive Questions There are no sensitive questions asked in the Site ID Form. 2 Literally hundreds of SIC codes were reported to the 1997 Hazardous Waste Report at the 4 digit level. EPA has abbreviated the list, as shown in this ICR, by identifying these SIC codes at the 2 digit level ( e. g., 28 instead of 2823). This does not mean, however, that all 4 digit SIC codes beginning with the 2 digit codes shown in the list were reported to the Hazardous Waste Report.

Page 5 4. THE RESPONDENTS AND THE INFORMATION REQUESTED 4( a) Respondents and SIC Codes Based on 1997 Biennial Reporting System ( BRS) data, the most recent data available when this analysis was done, the SIC codes that represent the respondents are as follows ( also shown are the new North American Industrial Classification System ( NAICS) codes that correspond to the SIC codes listed): 2 SIC Code Description SIC Code NAICS Code Agriculture, Forestry, and Fisheries 01 09 111 115 Mineral Industries 10 14 211 213 Construction Industries 15 17 233 235 Manufacturing 20 39 311 339 Transportation, Communication, and Utilities 41 49 481 493; 513 Wholesale Trade 50 51 421 422 Retail Trade 52 59 441 454 Finance, Insurance, and Real Estate 60 67 521 525; 531 533 Service Industries 70 89 541  814 Public Administration 91 97 921 928 Nonclassifiable Establishments 99 Not Available Page 6 4( b) Information Requested The Site ID Form must be submitted by each respondent required to file the 2001 Hazardous Waste Report.

( i) Data Item:

Following are the Site ID Form items that must be completed for the Hazardous Waste Report:

 Reason for submittal of the form;  Site EPA ID number;  Site name;  Site location information;  North American Industry Classification System code for the site;  Site mailing address;  Name and phone number of site contact person;  Type of hazardous waste activities at the site that require submittal of a Hazardous Waste Report; and  Certification that the information provided in the form is truthful, accurate, and complete.

( ii) Respondent Activities:

Respondents must perform the following activities:

 Read the Site ID Form instructions;  Gather information and prepare Site ID Form;  Submit the Site ID Form to the State or Regional EPA Office; and  Maintain a copy of the Site ID Form for three years.

5. THE INFORMATION COLLECTED  AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT 5( a) Agency Activities Agency activities associated with the Site ID Form include preparing and distributing the form, reviewing submittals, entering the information into a database, and processing the information ( preparing tallies and reports).

5( b) Collection Methodology and Management 3 In implementing RCRA Subtitle C, EPA uses the quantity of waste generated per month to determine the extent to which a firm should be regulated. EPA categorizes generators of less than 1,000 kilograms of non acute hazardous waste per month as small quantity generators ( SQGs) and relieves them of specified requirements.

Page 7 Data are collected from the Site ID Form and the other Hazardous Waste Report forms ( Form GM and WR), and entered into an electronic database by the states and Regions. States coordinate with EPA Regions and OSW to supply EPA with the data reported. These data are maintained in the RCRAInfo database residing on centrally managed EPA servers at the Agency's National Computing Center. Once an initial version of the national database is compiled, EPA coordinates a data quality review process with states and EPA Regions to: identify cases where a state or Region wishes to confirm that data were correctly entered, to contact a regulated entity to confirm what they reported, and to provide the reporter the opportunity to submit an updated report if the original contained errors. Following submittal of final data from states and Regions, no further changes are made to the database.

5( c) Small Entity Flexibility The Site ID Form reduces the reporting burden for both large and small entities. As mentioned above, the Site ID Form replaces the Form IC of the Hazardous Waste Report. Once a site completes a Site ID Form, the site can just attach a copy of the previous submittal ( with any changes) when site identification information is requested again. EPA also expects that some states will pre populate the Site ID Form prior to its distribution to sites.

Further, since small quantity generators ( SQGs) are not required to file the 2001 Hazardous Waste Report, they will not need to complete the Site ID Form for that information collection. 3 5( d) Collection Schedule The Site ID Form will be distributed and collected along with the rest of the 2001 Hazardous Waste Report. EPA's 2001 Hazardous Waste Report implementation schedule is outlined below.

Reporting and Implementation Schedule Activity Lead ( HQ, Region, or State) Start Date End Date Print 2001 Forms HQ July 2001 July 2001 Activity Lead ( HQ, Region, or State) Start Date End Date 4 The book was edited by Eva Jacobs, and was published in 1998 by Bernan Press. EPA used the labor rates in the 1998 publication and then updated them to year 2000 levels using an annual employment cost index of 3.0.

Page 8 Distribute 2001 Forms to States HQ September 2001 October 2001 Distribute 2001 Forms to Handlers States October 2001 December 2001 BRS Help Line HQ January 2001 June 2002 Handler 2001 Forms Due States Not Applicable March 1, 2002 Final State/ Regional Data due to HQ Region Not Applicable November 1, 2002 Develop Draft 2001 National Biennial RCRA Hazardous Waste Report HQ November 2002 December 31, 2002 6. ESTIMATING THE HOUR AND COST BURDEN OF THE COLLECTION 6( a) Estimating Respondent Hourly Burden Exhibit 1 lists all of the respondent activities associated with preparing the Site ID Form, and presents hour and cost burden estimates for each activity. The hourly burden estimates are broken down by labor category ( legal, managerial, technical, and clerical) and totaled on a peractivity basis. The burden estimates are then multiplied by the estimated number of respondents to obtain an estimate of the overall hourly burden to the regulated universe for each activity.

6( b) Estimating Respondent Cost Burden Estimating Labor Costs EPA estimates an average hourly respondent labor cost ( including overhead) of $ 108.00 for legal staff, $ 77.00 for managerial staff, $ 57.00 for technical staff, and $ 29.00 for clerical staff. To arrive at these estimates, EPA consulted the Handbook of U. S. Labor Statistics, Second Edition, 4 which summarizes the unloaded ( base) hourly rate for various labor categories in U. S. firms. EPA then applied an overhead factor of 2.3 for non legal staff and 3.0 for legal staff to 5 Based on the report Estimating Costs for the Economic Benefits of RCRA Noncompliance. The report was authored by U. S. EPA, RCRA Enforcement Division, Office of Regulatory Enforcement, and was published in February 1997.

6 The annual number of respondents for the 2001 Hazardous Waste Report ( 10,157) is based on the total number of large quantity generators responding to the 1997 Hazardous Waste Report ( i. e., 20,314/ 2).

Page 9 derive their loaded hourly rates. 5 Using the total burden hours discussed in Section 6( a) and the wage rates outlined in this section, Exhibit 1 illustrates the labor costs associated with the respondent information collection activities covered in this ICR.

Estimating Capital and O& M Costs EPA estimates that each site will incur a one time postage cost of $ 1.50/ form in submitting the Site ID Form. EPA estimates that sites also will use/ purchase file cabinets (@ a cost of $ 0.01/ form) and make photocopies (@ a cost of $ 0.10/ form) to keep a copy of the form on site for three years.

6( c) Estimating Agency Hour and Cost Burden EPA estimates annual Agency burden hours and costs associated with the Site ID Form in Exhibit 2. EPA believes that the Headquarters, Regional, and State offices will be involved in these activities. Based on the 2000 GS Pay Schedule, EPA estimates an average hourly labor cost of $ 67.44 for legal staff ( GS 15, Step 5), $ 59.50 for managerial staff ( GS 15, Step 1), $ 42.80 for technical staff ( GS 13, Step 1), and $ 18.26 for clerical staff ( GS 6, Step 1). To derive these hourly estimates, EPA divided the annual compensation estimates by 2,080, which is the number of hours in the Federal work year, and then multiplied the hourly rates by the standard government overhead factor of 1.6.

6( d) Estimating the Respondent Universe and Total Hour and Cost Burden EPA estimates that the total number of respondents to the 2001 Hazardous Waste Report will be approximately 20,314, which annualized over the two year report cycle, equals 10,157 per year. 6 Sites required to submit the 2001 Hazardous Waste Report must submit a Site ID Form. Note that we considered other methods of estimating the number of responses ( such as looking at the number of respondents in past Hazardous Waste Reports, but the numbers fluctuated, and we could not develop projections). Exhibit 1 calculates the annual respondent hour and cost burden for the activities examined.

Read the Instructions Page 10 EPA estimates that all 20,314 respondents to the Biennial Report will read the instructions to the Site ID Form. Annualized over the two year report cycle, this results in 10,157 respondents reading the instructions each year.

Gather Information and Prepare Site ID Form EPA estimates that all 20,314 respondents will prepare and submit a Site ID Form with the 2001 Biennial Report. Annualized over the two year report cycle, this results in 10,157 respondents preparing and submitting a Site ID Form each year.

In estimating the hourly burden for preparing the Site ID Form, EPA assumed that 50 percent of all the Site ID Forms would be pre populated by states prior to distribution to respondents. This is based on information received from our state partners in the Waste Information Needs Initiative. Respondents receiving these pre populated forms need only review and update the data. Page 11 EXHIBIT 1 THE 2001 SITE IDENTIFICATION FORMa ESTIMATED ANNUAL RESPONDENT HOUR AND COST BURDEN Hours and Costs Per Respondent Total Hours and Costs Leg. Mgr. Tech. Cler. Respon. Labor Capital/ Number of Total Total INFORMATION COLLECTION $ 108.00/ $ 77.00/ $ 57.00/ $ 29.00/ Hours/ Cost/ Startup O& M Respon. Hours/ Cost/

ACTIVITY Hour Hour Hour Hour Activity Activity Cost Cost Activities Year Year Read the Site ID Form instructions 0.00 0.33 0.33 0.00 0.66 $ 44.22 $ 0.00 $ 0.00 10,157 6,704 $ 449,143 Gather information and prepare Site ID Form 0.00 0.05 0.16 0.05 0.26 $ 14.14 $ 0.00 $ 0.00 10,157 2,641 $ 143,620 Submit Site ID Form to State or Regional EPA Office 0.00 0.00 0.00 0.10 0.10 $ 2.90 $ 0.00 $ 1.50 10,157 1,016 $ 44,691 Maintain a copy of form for three years 0.00 0.00 0.01 0.04 0.05 $ 1.73 $ 0.00 $ 0.11 10,157 508 $ 18,689 TOTAL 0.00 0.38 0.50 0.19 1.07 $ 62.99 $ 0.00 $ 1.61 10,157 10,869 $ 656,143 a The exhibit contains rounding. Page 12 EXHIBIT 2 THE 2001 SITE IDENTIFICATION FORMa ESTIMATED ANNUAL AGENCY/ STATE HOUR AND COST BURDEN Hours and Costs Per Respondent Total Hours and Costs Leg. Mgr. Tech. Cler. Respon. Labor Capital/ Number of Total Total INFORMATION COLLECTION $ 67.44/ $ 59.50/ $ 42.80/ $ 18.26/ Hours/ Cost/ Startup O& M Respon. Hours/ Cost/

ACTIVITY Hour Hour Hour Hour Activity Activity Cost Cost Activities Year Year Develop Site ID Form 0.00 2.00 8.00 0.00 10.00 $ 461.40 $ 0.00 $ 0.00 1 10 $ 461 Distribute and review Site ID Form 0.00 0.00 0.25 0.00 0.25 $ 10.70 $ 0.00 $ 1.50 10,157 2,539 $ 123,915 Enter information into database 0.00 0.00 0.00 1.00 1.00 $ 18.26 $ 0.00 $ 0.00 10,157 10,157 $ 185,467 Process information 0.00 0.00 0.00 0.25 0.25 $ 4.57 $ 0.00 $ 0.00 10,157 2,539 $ 46,417 TOTAL 0.00 Varies Varies Varies Varies Varies $ 0.00 Varies Varies 15,245 $ 356,260 a The exhibit contains rounding Page 13 Respondents receiving blank forms would have to complete all required items, as specified on the form. EPA estimates the average hourly burden for updating the pre populated Site ID Form as 0.17 hours per respondent, and for completing the Site ID Form in its entirety, 0.34 hours per respondent.

To estimate the average burden per respondent in preparing a Site ID Form, EPA used the weighted average calculation shown in Table 1. EPA multiplied the percentage of ( i) prepopulated Site ID Forms by the average burden for updating the information contained in the form and ( ii) blank forms by the average burden for completing the blank form. Then, EPA added up these two products to derive an overall weighted average burden. This weightedaverage burden ( 0.26 hours/ form) is used to calculate the burden to all respondents in completing the Site ID Form, as shown in Exhibit 1.

Table 1 Assumptions and Weighted Average Equation Used in Estimating Burden to Prepare the Site ID Form Assumptions Weighted Average Equation 0.17 hours to complete pre populated form; 50 percent of the forms are pre populated ( 0.17 hours x 0.50) + ( 0.34 hours x 0.50) = 0.26 hours 0.34 hours to complete blank form; 50 percent of the forms are blank Submit the Hazardous Waste Report to State/ Region EPA expects each respondent, 10,157 per year, to submit the Site ID Form to the appropriate State or Region.

Maintain a Copy of Each Form EPA expects sites to retain an estimated 10,157 Site ID Forms each year.

6( e) Bottom Line Hour and Cost Tables Respondent Tally Exhibit 3 presents the bottom line respondent hour and cost burden for preparing/ submitting the Site ID Form with the 2001 Hazardous Waste Report. EPA estimates that respondents will incur an annual burden of about 10,869 hours and $ 656,143. Exhibit 3 also presents cost estimates by type ( labor, capital/ startup, or O& M) as well as two year totals for hour and cost burden ( to reflect the overall burden incurred by respondents over the two year period covered by this ICR). 7 This is an approximation of the burden for Form IC. The 1999 ICR does not break out the entire burden for the Form IC separate from the rest of the 1999 Hazardous Waste Report. For purposes of comparison, EPA has estimated the bottom line biennial respondent burden for Form IC to consist of the following: [ 12,466 hours for reading the instructions + 6,358 hours for preparing the form + 1,870 hours for submitting the form + 936 hours for keeping a copy = 21,630 hours.] See Exhibit 1 of " The 1999 Hazardous Waste Report," ICR Number 976.09, for additional information.

Page 14 EXHIBIT 3 THE 2001 SITE IDENTIFICATION FORMa TOTAL ESTIMATED RESPONDENT HOUR AND COST SUMMARY ( FROM EXHIBIT 1)

Annual Burden Annual Labor Cost Annual Capital/ Startup Cost Annual O& M Cost Total Annual Cost Total 10,869 $ 639,790 $ 0 $ 16,353 $ 656,143 2 Year Total 21,738 $ 1,279,580 $ 0 $ 32,706 $ 1,312,286 a The exhibit contains rounding Agency Tally Exhibit 4 presents the bottom line Agency hour and cost burden for processing Site ID Forms submitted with the 2001 Hazardous Waste Report. EPA estimates an annual Agency burden of 15,245 hours and $ 356,260. Exhibit 4 also presents cost estimates by type ( labor, capital/ startup, or O& M) as well as two year totals for hour and cost burden ( to reflect the overall burden incurred by the Agency over the two year period covered by this ICR).

EXHIBIT 4 THE 2001 SITE IDENTIFICATION FORMa TOTAL ESTIMATED AGENCY/ STATE HOUR AND COST SUMMARY ( FROM EXHIBIT 2)

Annual Burden Annual Labor Cost Annual Capital/ Startup Cost Annual O& M Cost Total Annual Cost Total 15,245 $ 341,025 $ 0 $ 15,235 $ 356,260 2 Year Total 30,490 $ 682,050 $ 0 $ 30,470 $ 712,520 a The exhibit contains rounding 6( f) Reasons For Change In Burden As shown in Exhibit 3, the overall ( two year) respondent burden for preparing and submitting the Site ID Form with the 2001 Hazardous Waste Report is 21,738 hours. This represents an increase of 108 hours from the burden for the 1999 Form IC ( i. e., 21,630 hours7). 8 Respondents receiving blank forms must complete the entire form, as specified.

Page 15 This increase has occurred for two reasons. This ICR assumes that 50 percent of Site ID Forms will be pre populated by States prior to distribution to respondents. Respondents receiving these pre populated forms need only review and update the data as needed. 8 This results in a modest savings to these respondents in comparison with the time needed to prepare their 1999 Form IC. However, this ICR also assumes that the number of sites completing the Site ID Form in 2001 will increase over 1999 levels ( i. e., from 18,700 to 20,314). This increase in respondents more than offsets the expected savings from the Site ID Form, resulting in a net burden increase of 108 hours.

6( g) Burden Statement The total public burden for the Site ID Form, when submitted with the 2001 Hazardous Waste Report, is estimated to average about 32 minutes per respondent annually ( the total respondent burden of about 1 hour annualized over two years). The annual reporting burden is estimated to average about 30 minutes per respondent, and includes time for reviewing the Site ID Form instructions, gathering data, completing and reviewing the form, and submitting the form. The annual recordkeeping burden is estimated to average about two minutes per respondent annually, and includes the time for filing and storing the form.

Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the resources needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.

Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U. S. Environmental Protection Agency ( 2822), 1200 Pennsylvania Avenue, N. W., Washington, D. C. 20460; and to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Officer for EPA. Include the EPA ICR number and OMB control number in any correspondence.


[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)]
[Proposed Rules]
[Pages 67266-67267]
[FR Doc No: 2016-23458]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 435

[EPA-HQ-OW-2016-0598; FRL-9953-25-OW]
[RIN 2040-AF68]

Effluent Limitations Guidelines and Standards for the Oil and Gas
Extraction Point Source Category--Implementation Date Extension

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) proposes to extend
the implementation deadline for certain

facilities subject to the final rule establishing pretreatment
standards under the Clean Water Act (CWA) for discharges of pollutants
into publicly owned treatment works (POTWs) from onshore unconventional
oil and gas (UOG) extraction facilities. EPA proposes these revisions
in response to new information received after promulgation of the rule
suggesting that there are likely facilities subject to the final rule
not presently meeting the zero discharge requirements in the final
rule.

DATES: Written comments must be received by October 31, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. [EPA-HQ-
OW-2016-0598], at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: For more information, see EPA's Web
site: https://www.epa.gov/eg/unconventional-oil-and-gas-extraction-effluent-guidelines. For technical information, contact Karen Milam,
Engineering and Analysis Division (4303T), Office of Water,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Does this action apply to me?

    Entities potentially regulated by this final action include:

----------------------------------------------------------------------------------------------------------------
                                                                                North American Industry
                    Category                           Example of regulated entity         Classification System
                                                                                (NAICS) code
----------------------------------------------------------------------------------------------------------------
Industry.......................................  Crude Petroleum and Natural Gas                          211111
                                                  Extraction.
Industry.......................................  Natural Gas Liquid Extraction.........                   211112
----------------------------------------------------------------------------------------------------------------

II. Why is EPA issuing this proposed rule?

    This document proposes to establish a compliance date for
pretreatment standards for existing onshore unconventional oil and gas
extraction facilities within the Oil and Gas Extraction Point Source
Category that differs from the date specified in the preamble to that
final rule (81 FR 41845, June 28, 2016). We have published a direct
final rule to extend the compliance date to August 29th, 2019 for
existing sources that were lawfully discharging UOG wastewater to POTWs
on or between the date of the Federal Register Notice of the proposed
rule (April 7, 2015) and the date of the Federal Register Notice of the
final rule (June 28, 2016) in the ``Rules and Regulations'' section of
this Federal Register because we view this as a noncontroversial action
and anticipate no adverse comment. For purposes of this proposed rule,
compliance date and implementation date are used interchangeably. We
have explained our reasons for this action in the preamble to the
direct final rule.
    If no adverse comments are received, the direct final rule will go
into effect. If we receive adverse comment, we will withdraw the direct
final rule and it will not take effect. We would address all public
comments in any subsequent final rule based on this proposed rule. EPA
will not consider any comment submitted on the proposed rule published
today on any topic other than the appropriateness of an extension of
the compliance date; any other comments will be considered to be
outside the scope of this rulemaking.
    We do not intend to institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
For further information, please see the information provided in the
ADDRESSES section of this document.

III. Where is the location of regulatory text for this proposal?

    The regulatory text for this proposal is identical to that for the
direct final rule published in the Rules and Regulations section of the
Federal Register. For further supplemental information, the detailed
rationale for the proposal, and the regulatory revisions, see the
information provided in the direct final rule published in the Rules
and Regulations section of this Federal Register.

IV. Statutory and Executive Order Reviews

    For a complete discussion of all of the administrative requirements
applicable to this action, see the direct final rule in the Rules and
Regulations section of this Federal Register.

List of Subjects in 40 CFR Part 435

    Environmental protection, Pretreatment, Waste treatment and
disposal, Water pollution control, Unconventional oil and gas
extraction.

    Dated: September 22, 2016.
Gina McCarthy,
Administrator.
[FR Doc. 2016-23458 Filed 9-29-16; 8:45 am]
 BILLING CODE 6560-50-P