[Federal Register Volume 80, Number 63 (Thursday, April 2, 2015)]
[Rules and Regulations]
[Pages 17692-17696]
[FR Doc No: 2015-07372]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2015-0040; FRL-9925-46-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Virginia; State Boards Requirements; Infrastructure Requirements for
the 2008 Lead and Ozone and 2010 Nitrogen Dioxide and Sulfur Dioxide
National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the Virginia State Implementation
Plan (SIP). The revisions consist of adding a new regulation from the
Virginia Administrative Code and a revised regulation which includes
new, associated definitions. This rulemaking action also approves an
infrastructure element directly related to the regulations being added
for several previously submitted infrastructure SIPs for the 2008 Lead
(Pb) National Ambient Air Quality Standards (NAAQS), the 2008 Ozone
(O3) NAAQS, the 2010 Nitrogen Dioxide (NO2)
NAAQS, and the 2010 Sulfur Dioxide (SO2) NAAQS. EPA is
approving these revisions in accordance with the requirements of the
Clean Air Act (CAA).

DATES: This rule is effective on June 1, 2015 without further notice,
unless EPA receives adverse written comment by May 4, 2015. If EPA
receives such comments, it will publish a timely withdrawal of the
direct final rule in the Federal Register and inform the public that
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2015-0040 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. Email<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2015-0040, Marilyn Powers, Acting Associate
Director, Office of Air Program Planning, Air Protection Division,
Mailcode 3AP30, U.S. Environmental Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2015-0040. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the Virginia Department of Environmental Quality, 629
East Main Street, Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Ellen Schmitt,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Section 128 of the CAA requires SIPs to include certain
requirements regarding State Boards; section 110(a)(2)(E)(ii) of the
CAA also references these requirements. Section 128(a) requires SIPs to
contain provisions that: (1) Any board or body which approves permits
or enforcement orders under the CAA shall have at least a majority of
its members represent the public interest and not derive any
significant portion of their income from persons subject to permits or
enforcement orders under the CAA; and (2) any potential conflict of
interest by members of such board or body or the head of an executive
agency with similar powers be adequately disclosed.
    On December 22, 2014, the Virginia Department of Environmental
Quality (VADEQ) submitted a formal revision to its SIP for the
Commonwealth of Virginia. The SIP revision consists of adding a new
regulation, 9VAC5-170-210(A), and adding new, associated definitions to
9VAC5-170-20, all of which pertain to the conflict of interest
requirements of CAA sections 128 and 110(a)(2)(E)(ii) for all criteria
pollutants of the NAAQS.
    In addition, this rulemaking action approves the section
110(a)(2)(E)(ii) infrastructure element from the following Virginia
infrastructure SIP submittals for each identified NAAQS: March 9, 2012
for the 2008 Pb NAAQS, July 23, 2012 for the 2008 O3 NAAQS,
May 30, 2013 for 2010 NO2 NAAQS, and June 23, 2014 for the
2010 SO2 NAAQS (collectively, the Four Submittals). For the
Four Submittals, EPA had previously approved those submittals as
addressing certain requirements in section 110(a)(2) and specifically
stated EPA would take later, separate action on the requirements in
section 110(a)(2)(E)(ii) (which requires a state's SIP to meet the
requirements of CAA section 128) for each of the NAAQS addressed.

II. Summary of SIP Revision

    Virginia's December 22, 2014 SIP revision submittal consists of
adding the new regulation, 9VAC5-170-210(A), and two new related
definitions, ``Disclosure form'' and ``Potential conflict of
interest,'' to 9VAC5-170-20. Regulation 9VAC5-170-210(A) requires

that the board (referring to the State Air Pollution Control Board
(SAPCB) or its designated representative) and the director (referring
to the director of the VADEQ or a designated representative) shall
adequately disclose any potential conflicts of interest. The regulation
also requires that such disclosure be made annually, as required by
section 2.2-3114 of the Code of Virginia, and through the applicable
disclosure forms set forth in sections 2.2-3117 and 2.2-3118 of the
Code of Virginia. The added regulation also states that all terms used
in the disclosure forms shall retain their meaning as set forth under
the Virginia State and Local Conflict of Interests Act (section 2.2-
3100 et seq. of the Code of Virginia) which includes the disclosure
forms previously described in sections 2.2-3117 and 2.2-3118 of the
Code of Virginia. In the Commonwealth of Virginia, only the SAPCB and
the director of VADEQ (or their respective designated representatives)
have the power to approve CAA permits and enforcement orders.

III. The State Boards Requirements and EPA's Analysis of Virginia's
Submittals

    As previously stated, section 128 of the CAA requires that SIPs
include provisions which provide: (1) Any board or body which approves
permits or enforcement orders under the CAA have at least a majority of
its members represent the public interest and not derive any
significant portion of their income from persons subject to permits or
enforcement orders under the CAA; and (2) any potential conflict of
interest by members of such board or body or the head of an executive
agency with similar powers be adequately disclosed.
    For section 128(a)(1), Virginia previously submitted the provisions
of Section 10.1-1302 of the Code of Virginia as a SIP revision on June
11, 2010; this SIP revision was subsequently approved by EPA on October
11, 2011. See 76 FR 62635.
    To address requirements in section 128(a)(2), Virginia submitted
the provisions of 9VAC5-170-210 on December 22, 2014. This regulation
requires members of the SAPCB (or designated representatives) and the
director of VADEQ (or a designated representative) to disclose any
potential conflicts of interest. Virginia's regulation includes the
board and the director (or their respective designated representatives)
because only the SAPCB and the director have the authority to approve
permits or enforcement orders under the CAA in Virginia. The regulation
also requires that such disclosures be made annually through the
applicable forms set forth in section 2.2-3100 et seq. of the Code of
Virginia. Additionally, the SIP revision adds the terms ``Disclosure
form'' and ``Potential conflict of interest'' to 9VAC5-170-20.
``Disclosure form'' is defined as the financial statement required by
section 2.2-3114 of the Code of Virginia, which requires nonsalaried
members of all policy and supervisory boards (including the SAPCB) and
other persons occupying offices or positions of trust or employment in
state government (including the director of VADEQ) to file the relevant
disclosure form set forth in sections 2.2-3117 and 2.2-3118 in the Code
of Virginia.
    ``Potential conflict of interest'' is also newly defined in 9VAC5-
170-20 as a ``personal interest'' per section 2.2-3101 of the Code of
Virginia, which defines ``personal interest'' as a financial benefit or
liability accruing to an officer, employee, or an immediate family
member which includes: (1) Three percent or more ownership in a
business, (2) annual income exceeding $5,000 from ownership in a
property or business, (3) salary, other compensation, fringe benefits,
or benefits from using the property paid by a business or governmental
agency that exceed $5,000 annually, (4) ownership of a property
exceeding $5,000 in value, excluding ownership in a business, income,
salary, other compensation, fringe benefits, or benefits from using the
property, (5) personal liability incurred on behalf of a business
exceeding three percent of the business's asset value, or (6) an option
for ownership of a business or property if the ownership will consist
of numbers (1) or (4) above.
    EPA finds that 9VAC5-170-210 and the revised definitions in 9VAC5-
170-20 require members of Virginia's board and the head of Virginia's
executive agency (both of which have powers to approve CAA permits or
enforcement orders) to adequately disclose potential conflicts of
interest. Thus, the December 22, 2014 SIP submittal addresses the
requirements in section 128(a)(2).

IV. Infrastructure Requirements and EPA's Analysis of Virginia's
Submittals

    Whenever new or revised NAAQS are promulgated, the CAA requires
states to submit a plan for the implementation, maintenance, and
enforcement of such NAAQS. The plan is required to address basic
program elements including, but not limited to, regulatory structure,
monitoring, modeling, legal authority, and adequate resources necessary
to assure attainment and maintenance of the standards. These elements
are referred to as infrastructure requirements. In particular, the
infrastructure requirements of section 110(a)(2)(E)(ii) require that
each state's SIP meet the requirements of section 128.
    On the following dates, and for the applicable NAAQS, Virginia
submitted infrastructure SIP submittals to meet the requirements of CAA
section 110(a)(2): March 9, 2012 for the 2008 Pb NAAQS, July 23, 2012
for the 2008 O3 NAAQS, May 30, 2013 for the 2010
NO2 NAAQS, and June 23, 2014 for the 2010 SO2
NAAQS.
    EPA has approved these submittals as meeting certain requirements
or elements in section 110(a)(2) for the applicable NAAQS but has
stated in each of these approvals that EPA would take later, separate
action for requirements in section 110(a)(2)(E)(ii).\1\ See 78 FR 58462
(September 24, 2013) (2008 Pb NAAQS), 79 FR 17043 (March 27, 2014)
(2008 O3 NAAQS), 79 FR 15012 (March 18, 2014) (2010
NO2 NAAQS), and 80 FR 11557 (March 4, 2015) (2010
SO2 NAAQS). See EPA's proposed approvals of Virginia's
infrastructure SIPs for the 2008 O3 NAAQS and the 2010
NO2 and SO2 NAAQS for a discussion of EPA's
approach to reviewing infrastructure SIPs, including EPA's longstanding
interpretation of the following: Requirements for section 110(a)(1) and
(2); EPA's interpretation that the CAA allows states to make multiple
SIP submissions separately addressing infrastructure SIP elements in
section 110(a)(2) for a specific NAAQS; and the interpretation that EPA
has the ability to act on separate elements of 110(a)(2) for a NAAQS in
separate rulemaking actions. 78 FR 39671 (July 2, 2013) (2008
O3 NAAQS), 78 FR 47264 (August 5, 2013) (2010 NO2
NAAQS), and 79 FR 49731 (August 22, 2014) (2010 SO2 NAAQS).
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    \1\ EPA has also taken separate action to approve the prevention
of significant deterioration portions of section 110(a)(2)(C),
(D)(i)(II), and (J) for the Virginia submittals for three of these
NAAQS. See 79 FR 10377 (February 25, 2014) (2008 Pb NAAQS) and 79 FR
58682 (September 30, 2014) (2008 O3 NAAQS and 2010
NO2 NAAQS).
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    With the December 22, 2014 SIP submittal from Virginia, EPA finds
that the Virginia SIP adequately addresses all requirements in CAA
section 128 and section 110(a)(2)(E)(ii).\2\ Thus, EPA is now approving
the section 110(a)(2)(E)(ii) infrastructure element for the Four
Submittals for the 2008 Pb, 2008 O3, 2010 NO2,
and 2010 SO2 NAAQS.
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    \2\ As noted previously, the Virginia SIP already includes a
provision which addresses section 128(a)(1). See 76 FR 62635.

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V. Final Action

    EPA is approving Virginia's December 22, 2014 SIP revision that
addresses the requirements of sections 128 and 110(a)(2)(E)(ii) of the
CAA for all criteria pollutants of the NAAQS. EPA is also specifically
approving the following Virginia submittals as addressing the
requirements in section 110(a)(2)(E)(ii) of the CAA: The March 9, 2012
submittal for the 2008 Pb NAAQS, the July 23, 2012 submittal for the
2008 O3 NAAQS, the May 30, 2013 submittal for the 2010
NO2 NAAQS, and the June 23, 2014 submittal for the 2010
SO2 NAAQS. EPA is publishing this rule without prior
proposal because EPA views this as a noncontroversial amendment and
anticipates no adverse comment. However, in the ``Proposed Rules''
section of today's Federal Register, EPA is publishing a separate
document that will serve as the proposal to approve the SIP revision if
adverse comments are filed. This rule will be effective on June 1, 2015
without further notice unless EPA receives adverse comment by May 4,
2015. If EPA receives adverse comment, EPA will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect. EPA will address all public comments in a
subsequent final rule based on the proposed rule. EPA will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time. Please note that if
EPA receives adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, EPA may adopt as final those provisions of the rule that are
not the subject of an adverse comment.

VI. General Information Pertaining to SIP Submittals From the
Commonwealth of Virginia

    In 1995, Virginia adopted legislation that provides, subject to
certain conditions, for an environmental assessment (audit)
``privilege'' for voluntary compliance evaluations performed by a
regulated entity. The legislation further addresses the relative burden
of proof for parties either asserting the privilege or seeking
disclosure of documents for which the privilege is claimed. Virginia's
legislation also provides, subject to certain conditions, for a penalty
waiver for violations of environmental laws when a regulated entity
discovers such violations pursuant to a voluntary compliance evaluation
and voluntarily discloses such violations to the Commonwealth and takes
prompt and appropriate measures to remedy the violations. Virginia's
Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-
1198, provides a privilege that protects from disclosure documents and
information about the content of those documents that are the product
of a voluntary environmental assessment. The Privilege Law does not
extend to documents or information that: (1) Are generated or developed
before the commencement of a voluntary environmental assessment; (2)
are prepared independently of the assessment process; (3) demonstrate a
clear, imminent and substantial danger to the public health or
environment; or (4) are required by law.
    On January 12, 1998, the Commonwealth of Virginia Office of the
Attorney General provided a legal opinion that states that the
Privilege Law, Va. Code Sec.  10.1-1198, precludes granting a privilege
to documents and information ``required by law,'' including documents
and information ``required by Federal law to maintain program
delegation, authorization or approval,'' since Virginia must ``enforce
Federally authorized environmental programs in a manner that is no less
stringent than their Federal counterparts . . .'' The opinion concludes
that ``[r]egarding Sec.  10.1-1198, therefore, documents or other
information needed for civil or criminal enforcement under one of these
programs could not be privileged because such documents and information
are essential to pursuing enforcement in a manner required by Federal
law to maintain program delegation, authorization or approval.''
Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that ``[t]o
the extent consistent with requirements imposed by Federal law,'' any
person making a voluntary disclosure of information to a state agency
regarding a violation of an environmental statute, regulation, permit,
or administrative order is granted immunity from administrative or
civil penalty. The Attorney General's January 12, 1998 opinion states
that the quoted language renders this statute inapplicable to
enforcement of any Federally authorized programs, since ``no immunity
could be afforded from administrative, civil, or criminal penalties
because granting such immunity would not be consistent with Federal
law, which is one of the criteria for immunity.''
    Therefore, EPA has determined that Virginia's Privilege and
Immunity statutes will not preclude the Commonwealth from enforcing its
program consistent with the Federal requirements. In any event, because
EPA has also determined that a state audit privilege and immunity law
can affect only state enforcement and cannot have any impact on Federal
enforcement authorities, EPA may at any time invoke its authority under
the CAA, including, for example, sections 113, 167, 205, 211 or 213, to
enforce the requirements or prohibitions of the state plan,
independently of any state enforcement effort. In addition, citizen
enforcement under section 304 of the CAA is likewise unaffected by
this, or any, state audit privilege or immunity law.

VII. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of 9VAC5-
170-210 and related definitions of 9VAC5-170-20 (both regarding
disclosure of conflict of interests), with a state effective date of
November 19, 2014. These regulations are discussed in section III of
this preamble. The EPA has made, and will continue to make, these
documents generally available electronically through
www.regulations.gov and/or in hard copy at the appropriate EPA office
(see the ADDRESSES section of this preamble for more information).

VIII. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA 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 CAA. 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 CAA; 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.

B. Submission to Congress and the Comptroller General

    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 the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action 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 the 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).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 1, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking action. This action, approving regulations meeting section
128 and approving the infrastructure element E(ii) for four Virginia
NAAQS submittals, may not be challenged later in proceedings to enforce
its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Lead, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Sulfur oxides.

    Dated: March 13, 2015.
William C. Early,
Acting Regional Administrator, Region III.
    Therefore, 40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart VV--Virginia

0
2. In Sec.  52.2420:
0
a. In the table in paragraph (c), revise the entry for ``Section 5-170-
20.''
0
b. In the table in paragraph (c), add the heading ``Part IX Conflict of
Interest'' and the entry for ``Section 5-170-210'' in numerical order.
0
c. In the table in paragraph (e), revise the entries for ``Section
110(a)(2) Infrastructure Requirements for the 2008 Lead NAAQS,''
``Section 110(a)(2) Infrastructure Requirements for the 2010 Nitrogen
Dioxide NAAQS,'' ``Section 110(a)(2) Infrastructure Requirements for
the 2008 Ozone NAAQS,'' and ``Section 110(a)(2) Infrastructure
Requirements for the 2010 Sulfur Dioxide NAAQS.''
    The revisions and addition reads as follows:

Sec.  52.2420  Identification of plan.

* * * * *
    (c) * * *

                                 EPA-Approved Virginia Regulations and Statutes
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                                                             State                           Explanation [former
          State citation              Title/subject     effective date   EPA approval date      SIP citation]
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
                           9 VAC 5, Chapter 170 Regulation for General Administration
        Part I Definitions

                                                  * * * * * * *
5-170-20.........................  Terms Defined......        11/19/14  4/2/15 [Insert       Docket #2015-0040.
                                                                         Federal              Revised to add the
                                                                        Register citation].   terms disclosure
                                                                                form and potential
                                                                                conflict of
                                                                                interest.

                                                  * * * * * * *
                                          Part IX Conflict of Interest
5-170-210........................  General............        11/19/14  4/2/15 [Insert       Docket #2015-0040.
                                                                         Federal              Does not include
                                                                        Register citation].   subsection B

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
    Name of non-regulatory SIP          Applicable           State                                Additional
             revision                geographic area    submittal date   EPA approval date       explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Section 110(a)(2) Infrastructure   Statewide..........          3/9/12  9/24/13, 78 FR       Docket #2012-0451.
 Requirements for the 2008 Lead                                          58462.               This action
 NAAQS.                                                                                addresses the
                                                                                following CAA
                                                                                elements or
                                                                                portions thereof:
                                                                                110(a)(2)(A), (B),
                                                                                (C) (for
                                                                                enforcement and
                                                                                regulation of
                                                                                minor sources),
                                                                                (D)(i)(I),
                                                                                (D)(i)(II) (for
                                                                                the visibility
                                                                                protection
                                                                                portion), (D)(ii),
                                                                                (E)(i), (E)(iii),
                                                                                (F), (G), (H),
                                                                                (J), (K), (L), and
                                                                                (M).
                                                                3/9/12  2/25/14, 79 FR       Docket #2011-0927.
                                                                         10377.               This action
                                                                                addresses the
                                                                                following CAA
                                                                                elements, or
                                                                                portions thereof:
                                                                                110(a)(2)(C),
                                                                                (D)(i)(II), and
                                                                                (J) with respect
                                                                                to the PSD
                                                                                elements.
                                                              12/22/14  4/2/15 [Insert       Docket #2015-0040.
                                                                         Federal Register     Addresses CAA
                                                                         citation].           element
                                                                                110(a)(2)(E)(ii).

                                                  * * * * * * *
Section 110(a)(2) Infrastructure   Statewide..........         5/30/13  3/18/14, 79 FR       Docket #2013-0510.
 Requirements for the 2010                                               15012.               This action
 Nitrogen Dioxide NAAQS.                                                                      addresses the
                                                                                following CAA
                                                                                elements, or
                                                                                portions thereof:
                                                                                110(a)(2) (A),
                                                                                (B), (C),
                                                                                (D)(i)(II),
                                                                                (D)(ii), (E)(i),
                                                                                (E)(iii), (F),
                                                                                (G), (H), (J),
                                                                                (K), (L), and (M)
                                                                                with the exception
                                                                                of PSD elements.
                                                               5/30/13  9/30/14, 79 FR       Docket #2013-0510.
                                                                         58686.               This action
                                                                                addresses the
                                                                                following CAA
                                                                                elements, or
                                                                                portions thereof:
                                                                                110(a)(2)(C),
                                                                                (D)(i)(II), and
                                                                                (J) with respect
                                                                                to the PSD
                                                                                elements.
                                                              12/22/14  4/2/15 [Insert       Docket #2015-0040.
                                                                         Federal Register     Addresses CAA
                                                                         citation].           element
                                                                                110(a)(2)(E)(ii).
Section 110(a)(2) Infrastructure   Statewide..........         7/23/12  3/27/14, 79 FR       Docket #2013-0211.
 Requirements for the 2008 Ozone                                         17043.               This action
 NAAQS.                                                                                addresses the
                                                                                following CAA
                                                                                elements, or
                                                                                portions thereof:
                                                                                110(a)(2) (A),
                                                                                (B), (C),
                                                                                (D)(i)(II),
                                                                                (D)(ii), (E)(i),
                                                                                (E)(iii), (F),
                                                                                (G), (H), (J),
                                                                                (K), (L), and (M)
                                                                                with the exception
                                                                                of PSD elements.
                                                               7/23/12  9/30/14, 79 FR       Docket #2013-0211.
                                                                         58686.               This action
                                                                                addresses the
                                                                                following CAA
                                                                                elements, or
                                                                                portions thereof:
                                                                                110(a)(2)(C),
                                                                                (D)(i)(II), and
                                                                                (J) with respect
                                                                                to the PSD
                                                                                elements.
                                                              12/22/14  4/2/15 [Insert       Docket #2015-0040.
                                                                         Federal Register     Addresses CAA
                                                                         citation].           element
                                                                                110(a)(2)(E)(ii).

                                                  * * * * * * *
Section 110(a)(2) Infrastructure   Statewide..........         6/18/14  3/4/15, 80 FR 11557  Docket #2014-0522.
 Requirements for the 2010 Sulfur                                                             This action
 Dioxide NAAQS.                                                                               addresses the
                                                                                following CAA
                                                                                elements, or
                                                                                portions thereof:
                                                                                110(a)(2) (A),
                                                                                (B), (C),
                                                                                (D)(i)(II)(PSD),
                                                                                (D)(ii), (E)(i),
                                                                                (E)(iii), (F),
                                                                                (G), (H),
                                                                                (J)(consultation,
                                                                                notification, and
                                                                                PSD), (K), (L),
                                                                                and (M).
                                                              12/22/14  4/2/15 [Insert       Docket #2015-0040.
                                                                         Federal Register     Addresses CAA
                                                                         citation].           element
                                                                                110(a)(2)(E)(ii).
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2015-07372 Filed 4-1-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 162 (Wednesday, August 21, 2019)]
[Notices]
[Pages 43631-43633]
[FR Doc No: 2019-17990]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-86689; File No. SR-NYSEAMER-2019-32]

Self-Regulatory Organizations; NYSE American LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend the
NYSE American Options Fee Schedule

August 15, 2019.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on August 8, 2019, NYSE American LLC (``NYSE American'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``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.
---------------------------------------------------------------------------

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

    The Exchange proposes a non-substantive amendment to the NYSE
American Options Fee Schedule (``Fee Schedule''). The Exchange proposes
to implement the rule change effective August 8, 2019. The proposed
change is available on the Exchange's website at www.nyse.com, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The purpose of this filing is to modify the Fee Schedule to make a
non-substantive, technical change to the Fee Schedule to re-locate the
text regarding the Floor Broker Volume Rebate Program (``FB Volume
Rebate'') for Floor Broker organizations (each a ``Floor Broker''). The
Exchange proposes to implement the fee change effective August 8, 2019.
    Earlier this year, the Exchange introduced the FB Rebate Program,
which offers Floor Brokers the opportunity to qualify for a $5,000
rebate each month that the Floor Broker increases its Average Daily
Volume (``ADV'') by a certain percentage over one of two benchmarks.\3\
Currently, the section describing the FB Rebate Program is positioned
in the middle of the section describing the Floor Broker Fixed Cost
Prepayment Incentive Program (the ``FB Prepay Program'').\4\ The
Exchange proposes to relocate the description of the FB Rebate Program
so that it appears after (and immediately below) the description of the
FB Prepay Program, which would add clarity and transparency to the Fee
Schedule making it easier to navigate.\5\ The Exchange does not propose
any substantive changes to the Fee Schedule.
---------------------------------------------------------------------------

    \3\ See Fee Schedule, Section III.E.2. (Floor Broker Programs,
Floor Broker Volume Incentive Rebate Program), available here:
https://www.nyse.com/publicdocs/nyse/markets/american-options/NYSE_American_Options_Fee_Schedule.pdf.
    \4\ See id., Section III.E.1(Floor Broker Programs, Floor Broker
Volume Incentive Rebate Program, Floor Broker Fixed Cost Prepayment
Incentive Program).
    \5\ See proposed Fee Schedule, Section III.E.2.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\6\ in general, and furthers the
objectives of Sections 6(b)(4) and (5) of the Act,\7\ in particular,
because it provides for the equitable allocation of reasonable dues,
fees, and other charges among its members, issuers and other persons
using its facilities and does not unfairly discriminate between
customers, issuers, brokers or dealers.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange believes that the proposal to re-locate the
positioning of the text describing the FB Rebate Program would remove
impediments to and perfect the mechanism of a free and open market and
a national market system because the proposed rule change is non-
substantive in nature and would simply move rule text relating to the
FB Rebate Program to be separate from the FB Prepay Program, without
any substantive differences to either program. Because the proposed
rule change is technical and non-substantive, the Exchange further
believes that it is reasonable, equitable and not unfairly
discriminatory because it would provide clarity, transparency and
internal consistency to the Fee Schedule Exchange [sic]--particularly
to Section III.E--and would protect investors and the investing public
by making the Exchange rules easier to navigate and comprehend.

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

    In accordance with Section 6(b)(8) of the Act, the Exchange does
not believe that the proposed rule change would impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. The proposed rule change is not designed to
address any competitive issues, but rather, is a non-substantive,
technical amendment to move existing rule text to a different part of
the Fee Schedule. The Exchange believes the proposal provides clarity,
transparency and internal consistency to the Fee Schedule Exchange
[sic]--particularly to Section III.E--and would to [sic] protect
investors and the investing public by making the Exchange rules easier
to navigate and comprehend.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \8\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \9\ thereunder, because it establishes a due, fee, or other charge
imposed by the Exchange.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \10\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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 No. SR-NYSEAMER-2019-32 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 No. SR-NYSEAMER-2019-32. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the

proposed rule change between the Commission and any person, other than
those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for website viewing and
printing in the Commission's Public Reference Room, 100 F Street NE,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change. Persons submitting
comments are cautioned that we do not redact or edit personal
identifying information from comment submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File No. SR-NYSEAMER-2019-32, and should be
submitted on or before September 11, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-17990 Filed 8-20-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 39 (Tuesday, March 2, 2021)]
[Notices]
[Pages 12188-12189]
[FR Doc No: 2021-04247]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[CERCLA 01-2021-0006; FRL-10018-25-Region 1]

Proposed CERCLA Administrative Cost Recovery Settlement: Jones
and Lamson Site, Springfield, Vermont

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed settlement; request for public comments.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given of a proposed administrative cost
settlement for recovery of response costs concerning the Jones and
Lamson Site, located in Springfield, Windsor County, Vermont, with the
Settling Party, Textron Inc. The proposed settlement requires the
Settling Party to pay EPA $662,500 plus interest to settle EPA's claim
for recovery of past response costs, which amount to approximately
$830,000. In exchange, EPA will provide the Settling Party with a
covenant not to sue for past costs. The settlement has been approved by
the Environmental and Natural Resources Division of the United States
Department of Justice. For 30 days following the date of publication of
this notice, the Agency will receive written comments relating to the
settlement for recovery of response costs. The Agency will consider all
comments received and may modify or withdraw its consent to this cost
recovery settlement if comments received disclose facts or
considerations which indicate that the settlement is inappropriate,
improper, or inadequate. The Agency's response to any comments received
will be available for public inspection at the Environmental Protection
Agency--Region I, 5 Post Office Square, Suite 100, Boston, MA 02109-
3912.

DATES: Comments must be submitted by April 1, 2021.

ADDRESSES: Comments should be addressed to Joy Sun, Senior Enforcement
Counsel, Office of Regional Counsel, U.S. Environmental Protection
Agency, 5 Post Office Square, Suite 100 (04-2), Boston, MA 02109-3912,
(617) 918-1018<EMAIL_ADDRESS>and should reference the Jones and
Lamson Site, U.S. EPA Docket No: CERCLA 01-2021-0006.

FOR FURTHER INFORMATION CONTACT: A copy of the proposed settlement may
be obtained from Stacy Greendlinger, Superfund and Emergency Management
Division, U.S. Environmental Protection Agency, Region I, 5 Post Office
Square, Suite 100 (02-2), Boston, MA 02109-3912, telephone number:
(617) 918-1403, email address<EMAIL_ADDRESS>Direct
technical questions to Stacy Greendlinger and legal questions to Joy
Sun, Office of Regional Counsel, U.S. Environmental Protection Agency,
Region I, 5 Post Office Square, Suite 100 (04-2), Boston, MA 02109-
3912, telephone number:<PHONE_NUMBER>, email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: This proposed administrative settlement for
recovery of past response costs concerning the Jones and Lamson Site,
located in Springfield, Windsor County, Vermont, is made in accordance
with Section 122(h)(l) of the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA). EPA covenants not to sue or
take administrative action against the Settling Party, Textron Inc.,
pursuant to Section 107(a) of CERCLA, 42 U.S.C. 9607(a), for Past
Response Costs. In exchange, the Settling Party agrees to pay EPA
$662,500, plus interest on that amount calculated from the Effective
Date through the date of payment. Payment of such amount shall be due
within 30 days after the Effective Date. For 30 days following the date
of publication of this notice, the Agency will receive written comments
relating to the settlement for recovery of response costs. The
Effective Date of the Agreement is the date upon which EPA notifies
Textron Inc. that the public comment period has closed and that such
comments, if any, do not require

that EPA modify or withdraw from the Agreement.

Bryan Olson,
Director, Superfund and Emergency Management Division.
[FR Doc. 2021-04247 Filed 3-1-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 130 (Tuesday, July 8, 2014)]
[Notices]
[Pages 38618-38619]
[FR Doc No: 2014-15816]

-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72511; File No. SR-NYSE-2014-30]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Amending the Price List To Add Certain Charges for Hosting Equipment To
Support Internet Connections for Member Organizations Operating on the
Floor of the Exchange Starting January 1, 2015

July 1, 2014.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on June 24, 2014, New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III 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.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend the Price List to add certain
charges for hosting equipment to support Internet connections for
member organizations operating on the Floor of the Exchange. The text
of the proposed rule change is available on the Exchange's Web site at
www.nyse.com, at the principal office of the Exchange, and at the
Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The Exchange proposes to amend the Price List to add certain
charges for hosting equipment to support Internet connections for
member organizations operating on the Floor of the Exchange.
    Currently, a member organization that operates on the Floor must
arrange for its own access to an Internet service provider (``ISP'').
To provide the service, an ISP must place certain equipment on the
Exchange's premises at 11 Wall Street. Currently there is no separate
charge related to the Exchange's hosting of such equipment. The
Exchange does charge fees for installing and removing data jacks and
lines, and member organizations are responsible for paying the ISP's
fees.
    The Exchange believes that these hosting arrangements are not an
efficient use of its space or an efficient or robust way to provide
Internet service to member organizations operating on the Floor. As
such, the Exchange proposes to provide member organizations operating
on the Floor with connections to ISPs at no charge via the Exchange's
Secure Financial Transaction Infrastructure (``SFTI''). For such member
organizations that choose to use SFTI to connect to their ISP, it will
no longer be necessary to host separate ISP equipment at 11 Wall Street
and such equipment can be removed. Using SFTI to connect to ISPs also
would help avoid the consequences of a service disruption at a single
carrier or access point. For example, for a period beginning in October
2013, the Exchange had to temporarily suspend certain rules restricting
the use of personal portable phone devices by Floor brokers on the
Trading Floor because the third-party carrier that provided service for
the Exchange-provided cell phones experienced an issue that caused a
service outage.\3\ The proposed rule change would help to avoid such an
issue with respect to Internet services because SFTI can connect to
multiple ISPs at multiple access points, providing redundancy and
resilience in service and improving member organizations' and the
Exchange's disaster recovery capabilities.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 70697 (October 16,
2013), 78 FR 62825 (October 22, 2013) (SR-NYSE-2013-69).
---------------------------------------------------------------------------

    The Exchange will make the connections to ISPs available via SFTI
immediately and provide member organizations with a transition period
until December 31, 2014 to have their ISP equipment located at 11 Wall
Street removed. If a member organization has not done so by that time,
then the Exchange will begin charging $1,000 per month per member
organization per rack for continuing to host the member organization's
ISP equipment at 11 Wall Street, or $600 per month for a half rack or
$400 per month for a quarter rack.\4\ The Exchange believes that the
proposed charges will incent all member organizations to transition
over to the free, more robust service while leaving them the option of
maintaining their current service arrangement if they so choose. The
Exchange will continue to charge fees for installing and removing data
jacks and lines as set forth in the current Price List, and member
organizations will remain

responsible for paying any fees charged by the ISP.
---------------------------------------------------------------------------

    \4\ All NYSE members [sic] organizations are NYSE MKT LLC
(``NYSE MKT'') member organizations. See Supplementary Material .10
to Rule 2. NYSE MKT has submitted substantially the same proposed
fee change. See SR-NYSEMKT-2014-53. However, because the ISP
connection will support a member organization's operations for both
SROs, the fee will only be assessed once.
---------------------------------------------------------------------------

    The proposed change is not otherwise intended to address any other
issues, and the Exchange is not aware of any problems member
organizations would have in complying with the proposed change.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\5\ in general, and furthers the
objectives of Sections 6(b)(4) and (5) of the Act,\6\ in particular,
because it provides for the equitable allocation of reasonable dues,
fees, and other charges among its members, issuers and other persons
using its facilities and does not unfairly discriminate between
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change is reasonable
because it will result in a more efficient use in the Exchange's
premises and increase the redundancy and resilience in Internet service
to member organizations operating on the Floor, thereby improving those
member organizations' and the Exchange's disaster recovery
capabilities. The proposed change is equitable and not unfairly
discriminatory because there would continue to be an option, as there
is today, for all member organizations operating on the Floor to obtain
a free connection to an ISP. The proposed fees would only apply if,
after the transition period, the member organization elected to have a
separate ISP connection that would require separate equipment hosting
on the Exchange's premises at 11 Wall Street.
    Finally, the Exchange believes that it is subject to significant
competitive forces, as described below in the Exchange's statement
regarding the burden on competition.
    For these reasons, the Exchange believes that the proposal is
consistent with the Act.

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

    In accordance with Section 6(b)(8) of the Act,\7\ the Exchange
believes that the proposed rule change would not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. The proposed rule change is not intended to
address any competitive issues among exchanges or broker-dealers but
rather to more efficiently use the Exchange's premises and help to
prevent Internet service disruptions from affecting the Floor, thereby
improving disaster preparedness.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \8\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \9\ thereunder, because it establishes a due, fee, or other charge
imposed by the Exchange.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \10\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2014-30 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street N.E., Washington, DC 20549-1090.
    All submissions should refer to File Number SR-NYSE-2014-30. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street N.E.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSE-2014-30 and should be
submitted on or before July 29, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2014-15816 Filed 7-7-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: May 10, 2010 (Volume 75, Number 89)]
[Rules and Regulations]
[Page 25772-25775]
[DOCID:fr10my10-7]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2009-0790; FRL-9114-3]

Approval and Promulgation of Air Quality Implementation Plans;
Colorado; Revisions to Regulation Number 1

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is taking direct final action approving State
Implementation Plan revisions submitted by the State of Colorado on
August 3, 2007 to Colorado's Regulation Number 1 (revisions to the
performance testing requirements for air curtain destructors). Colorado
adopted these rule revisions on October 2, 2006. All other actions
submitted by the State of Colorado concurrent with Colorado's
Regulation Number 1 revision request will be acted

on at a later date. This action is being taken under section 110 of the
Clean Air Act.

DATES: This rule is effective on July 9, 2010 without further notice,
unless EPA receives adverse comment by June 9, 2010. If adverse comment
is received, EPA will publish a timely withdrawal of the direct final
rule in the Federal Register informing the public that the rule will
not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2009-0790, by one of the following methods:
     http://www.regulations.gov. Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>and<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER> (please alert the individual listed in
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
     Mail: Callie A. Videtich, Director, Air Program,
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129.
     Hand Delivery: Callie A. Videtich, Director, Air Program,
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129. Such deliveries are only
accepted Monday through Friday, 8 a.m. to 4:30 p.m., excluding Federal
holidays. Special arrangements should be made for deliveries of boxed
information.
    Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2009-0790. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or e-mail.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA, without going through
www.regulations.gov, your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses. For additional information about EPA's public docket visit the
EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
For additional instructions on submitting comments, go to Section I.
General Information of the SUPPLEMENTARY INFORMATION section of this
document.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly-available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Air Program,
Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street,
Denver, Colorado 80202-1129. EPA requests that if at all possible, you
contact the individual listed in the FOR FURTHER INFORMATION CONTACT
section to view the hard copy of the docket. You may view the hard copy
of the docket Monday through Friday, 8 a.m. to 4 p.m., excluding
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Kevin Leone, Air Program, Mailcode 8P-
AR, Environmental Protection Agency, Region 8, 1595 Wynkoop Street,
Denver, Colorado 80202-1129,<PHONE_NUMBER>, or<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Information
    A. What should I consider as I prepare my comments for EPA?
II. What is being addressed in this document?
III. What are the changes that EPA is proposing to approve?
IV. Final Action
V. Statutory and Executive Order Reviews

Definitions

    For the purpose of this document, we are giving meaning to certain
words or initials as follows:
    (i) The word Act or initials CAA mean or refer to the Clean Air
Act, unless the context indicates otherwise.
    (ii) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
    (iii) The initials SIP mean or refer to State Implementation Plan.
    (iv) The words State or Colorado mean the State of Colorado, unless
the context indicates otherwise.

I. General Information

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

    1. Submitting CBI. Do not submit this information to EPA through
www.regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments,
remember to:
    a. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
    b. Follow directions--The agency may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
    c. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    d. Describe any assumptions and provide any technical information
and/or data that you used.
    e. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    f. Provide specific examples to illustrate your concerns, and
suggest alternatives.
    g. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    h. Make sure to submit your comments by the comment period deadline
identified.

II. What is being addressed in this document?

    EPA is approving a revision to the Colorado State Implementation
Plan

(SIP). On August 3, 2007, the State of Colorado submitted a revision to
its SIP, regarding the applicability provisions for incinerator
performance testing requirements. This revision addressed Regulation
Number 1 of the Colorado Air Quality Control Commission (AQCC)
Regulations, entitled ``Emission Control for Particulate Matter, Smoke,
Carbon Monoxide, and Sulfur Oxides.'' Colo. Code Reg. Sec.  1001-3, and
provides an exemption for air curtain destructors.

III. What are the changes that EPA is proposing to approve?

    Prior to Colorado's revision, Regulation Number 1 Section III.B
provided that all incinerators, with the exception of biomedical waste
incinerators, meet certain particulate matter grain loading standards.
To ensure compliance with these standards, the regulation provides the
Colorado Air Pollution Control Division with the ability to require
performance tests, in accordance with 40 CFR part 60, appendix A. The
revision to Colorado's SIP and regulations adds an additional exemption
to Section III.B for air curtain destructors that are subject to 40 CFR
part 60.
    Under the definition set forth in Colorado's Common Provisions
Regulation, 5 Colo. Code. Regs. Sec.  1001-2, air curtain destructors
are considered incinerators, if they are subject to New Source
Performance Standards (NSPS) for incinerators in 40 CFR part 60.
However, at the time Section III.B of Regulation 1 was enacted, there
were no federal NSPS requirements governing air curtain destructors.
Air curtain destructors were not considered incinerators and were not
subject to 40 CFR part 60. On December 1, 2000, EPA promulgated NSPS
for Commercial and Industrial Waste Incineration Units at 40 CFR part
60, subpart CCCC. On December 16, 2005, EPA promulgated NSPS for Other
Solid Waste Incineration Units at 40 CFR part 60, subpart EEEE. Both
standards apply to air curtain destructors that meet limited
applicability criteria and establish opacity standards and appropriate
performance testing requirements for those units.
    Prior to the revision, Regulation Number 1, Section III.B required
that air curtain destructors subject to incinerator requirements under
40 CFR part 60 meet state grain loading standards and performance
testing requirements, as specified in 40 CFR part 60, appendix A, to
demonstrate compliance with these standards. It is not feasible,
however, to conduct such performance tests on air curtain destructors
due to their lack of a distinct stack. Colorado has revised its
regulations to exempt air curtain destructors from these requirements
in order to ensure that air curtain destructors are subject to
appropriate and reasonable performance test requirements. Accordingly,
Regulation Number 1, Section III.B has been revised to clarify that air
curtain destructors subject to 40 CFR part 60 are not subject to
Section III.B. This revision will result in the requirement for air
curtain destructors subject to NSPS to meet the standards and conduct
performance testing as provided in 40 CFR part 60, subpart CCCC or 40
CFR part 60, subpart EEEE.

IV. Final Action

    EPA is approving this revision to Colorado's SIP which would revise
Regulation Number 1, Section III.B. This revision would exclude air
curtain destructors that are subject to a NSPS from complying with
infeasible performance testing requirements in Regulation Number 1,
Section III.B. This revision will maintain consistency between state
and federal law.
    EPA considers this change to be consistent with the provisions in
CAA Sec.  110(l). CAA Section 110(l) states: ``Each revision to an
implementation plan submitted by a State under this chapter shall be
adopted by such State after reasonable notice and public hearing. The
Administrator shall not approve a revision of a plan if the revision
would interfere with any applicable requirement concerning attainment
and reasonable further progress (as defined in section 7501 of this
title), or any other applicable requirement of this chapter.'' Thus,
under Section 110(l), this SIP revision must not interfere with
attainment or reasonable further progress or any other applicable
requirement of the Act. When Section III.B was approved into Colorado's
SIP, air curtain destructors were not subject to any 40 CFR part 60
requirements. Before EPA's promulgation of 40 CFR part 60, subpart CCCC
and 40 CFR part, 60 subpart EEEE, air curtain destructors would not
have been considered ``incinerators'' under the definition in the
Common Provisions Regulation, 5 Colo. Code Regs. Sec.  1001-2, and no
air curtain destructors would have been regulated under Section III.B.
Therefore, this revision exempting air curtain destructors from the
requirements of Section III.B does not substantively change the
requirements of Colorado's SIP. Because EPA's approval of this SIP
revision would not interfere with reasonable further progress or any
other applicable requirement of CAA, it is consistent with CAA Sec.
110(l).
    EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in the Proposed Rules section of today's
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision if adverse
comments are filed. This rule will be effective July 9, 2010, without
further notice unless the Agency receives adverse comments by June 9,
2010. If the EPA receives adverse comments, EPA will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect. EPA will address all public comments in a
subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time. Please note that if
EPA receives adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, EPA may adopt as final those provisions of the rule that are
not the subject of an adverse comment.

V. 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 direct final 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
direct final 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, Carbon monoxide,
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds, Incorporation by reference.

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

    Dated: December 15, 2009.
Carol Rushin,
Acting Regional Administrator, Region 8.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for Part 52 continues to read as follows:

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

Subpart G--Colorado

0
2. Section 52.320 is amended by revising (c)(114) to read as follows:

Sec.  52.320  Identification of Plan.

* * * * *
    (c) * * *
    (114) On August 1, 2007, the State of Colorado submitted revisions
to Colorado Regulation 1 to be incorporated into the Colorado SIP. The
submittal revises Section I.I.I.B.2. by adding ``and air curtain
destructors subject to 40 CFR 60'' to the first sentence of Section
I.I.I.B.2.
    (i) Incorporation by reference.
    (A) 5 CCR 1001-3, Code of Colorado Regulations, Regulation Number
1, Emission Control for Particulates, Smokes, Carbon Monoxide and
Sulfur Oxides, PARTICULATE MATTER, Section III.B.2, ``Incinerators,''
effective on November 30, 2006. Published in Colorado Register, Volume
29, Number 11.
* * * * *
[FR Doc. 2010-10568 Filed 5-7-10; 8:45 am]
BILLING CODE 6560-50-P