[Federal Register Volume 83, Number 163 (Wednesday, August 22, 2018)]
[Rules and Regulations]
[Pages 42440-42447]
[FR Doc No: 2018-17985]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 261

[EPA-R06-RCRA-2017-0556; FRL-9980-07--Region 6]

Hazardous Waste Management System; Identification and Listing of
Hazardous Waste

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is granting a
petition submitted by Blanchard Refining Company LLC--(Blanchard) to
exclude (or delist) the residual solids generated from the reclamation
of oil bearing hazardous secondary materials (OBSMs) on-site at
Blanchard's Galveston Bay Refinery (GBR), located in Texas City, Texas
from the lists of hazardous wastes. EPA used the Delisting Risk
Assessment Software (DRAS) Version 3.0.35 in the evaluation of the
impact of the petitioned waste on human health and the environment. The
residual solids are listed as F037 (primary oil/water/solids separation
sludge) when they are reclaimed from the OBSMs. After careful analysis
and evaluation of comments submitted by the public, the EPA has
concluded that the petitioned wastes are not hazardous waste when
disposed of in Subtitle D landfills. This exclusion applies to the
residuals solids generated at Blanchard's Galveston Bay Refinery (GBR),
located in Texas City, Texas facility. Accordingly, this final rule
excludes the petitioned waste from the requirements of hazardous waste
regulations under the Resource Conservation and Recovery Act (RCRA)
when disposed of in Subtitle D landfills but imposes testing conditions
to ensure that the future-generated wastes remain qualified for
delisting.

DATES: Effective August 22, 2018.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-RCRA-2017-0556. All documents in the docket are
listed on the http://www.regulations.gov website. 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, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available electronically
through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For technical information regarding
the Blanchard Refinery petition, contact Michelle Peace at<PHONE_NUMBER>
or by email at [email protected].

SUPPLEMENTARY INFORMATION: The information in this section is organized
as follows:

I. Overview Information
    A. What action is EPA finalizing?
    B. Why is EPA approving this delisting?
    C. What are the limits of this exclusion?
    D. How will Blanchard Refining manage the waste if it is
delisted?
    E. When is the final delisting exclusion effective?
    F. How does this final rule affect states?
II. Background
    A. What is a delisting?
    B. What regulations allow facilities to delist a waste?
    C. What information must the generator supply?
III. EPA's Evaluation of the Waste Data
    A. What waste and how much did Blanchard petition EPA to delist?
    B. How did Blanchard sample and analyze the waste data in this
petition?
IV. Public Comments Received on the proposed exclusion
    A. Who submitted comments on the proposed rule?
    B. Comments and Responses
V. Statutory and Executive Order Reviews

I. Overview Information

A. What action is EPA finalizing?

    The EPA is finalizing:
    (1) the decision to grant GBR's petition to have its surface
impoundment basin solids excluded, or delisted, from the definition of
a hazardous waste, subject to certain continued verification and
monitoring conditions; and

    (2) to use the Delisting Risk Assessment Software to evaluate the
potential impact of the petitioned waste on human health and the
environment. The Agency used this model to predict the concentration of
hazardous constituents released from the petitioned waste, once it is
disposed.
    After evaluating the petition, EPA proposed rule, on October 31,
2017, to exclude GBR's residuals from the treatment of OBSM waste from
the lists of hazardous wastes under Sec. Sec.  261.31 and 261.32. The
comments received on this rulemaking will be addressed as part of this
decision.

B. Why is EPA approving this delisting?

    GBR's petition requests an exclusion from the F037 waste listing
pursuant to 40 CFR 260.20 and 260.22. GBR does not believe that the
petitioned waste meets the criteria for which EPA listed it. GBR also
believes no additional constituents or factors could cause the waste to
be hazardous. EPA's review of this petition included consideration of
the original listing criteria and the additional factors required by
the Hazardous and Solid Waste Amendments of 1984 (HSWA). See section
3001(f) of RCRA, 42 U.S.C. 6921(f), and 40 CFR 260.22 (d)(1) through
(4) (hereinafter, all sectional references are to 40 CFR unless
otherwise indicated). In making the initial delisting determination,
EPA evaluated the petitioned waste against the listing criteria and
factors cited in Sec.  261.11(a)(2) and (3). Based on this review, EPA
agrees with the petitioner that the waste is non-hazardous with respect
to the original listing criteria. If EPA had found, based on this
review, that the waste remained hazardous based on the factors for
which the waste was originally listed, EPA would have proposed to deny
the petition. EPA evaluated the waste with respect to other factors or
criteria to assess whether there is a reasonable basis to believe that
such additional factors could cause the waste to be hazardous. EPA
considered whether the waste is acutely toxic, the concentration of the
constituents in the waste, their tendency to migrate and to
bioaccumulate, their persistence in the environment once released from
the waste, plausible and specific types of management of the petitioned
waste, the quantities of waste generated, and waste variability. EPA
believes that the petitioned waste does not meet the listing criteria
and thus should not be a listed waste. EPA's proposed decision to
delist waste from GBR is based on the information submitted in support
of this rule, including descriptions of the wastes and analytical data
from the Texas City, Texas facility.

C. What are the limits of this exclusion?

    This exclusion applies to the waste described in the petition only
if the requirements described in Table 1 of part 261, Appendix IX, and
the conditions contained herein are satisfied. The exclusion applies to
20,000 cubic yards of residual solids.

D. How will Blanchard Refining manage the waste if it is delisted?

    Storage containers with OBSM residual solids will be transported to
an authorized solid waste landfill (e.g., RCRA Subtitle D landfill,
commercial/industrial solid waste landfill, etc.) for disposal.

E. When is the final delisting exclusion effective?

    This rule is effective August 22, 2018. The Hazardous and Solid
Waste Amendments of 1984 amended Section 3010 of RCRA to allow rules to
become effective in less than six months when the regulated community
does not need the six-month period to come into compliance. That is the
case here because this rule reduces, rather than increases, the
existing requirements for persons generating hazardous wastes. These
reasons also provide a basis for making this rule effective
immediately, upon publication, under the Administrative Procedure Act,
pursuant to 5 U.S.C. 553(d).

F. How does this final rule affect states?

    Because EPA is issuing this exclusion under the Federal RCRA
delisting program, only states subject to Federal RCRA delisting
provisions would be affected. This would exclude two categories of
States: States having a dual system that includes Federal RCRA
requirements and their own requirements, and States who have received
our authorization to make their own delisting decisions.
    Here are the details: We allow states to impose their own non-RCRA
regulatory requirements that are more stringent than EPA's, under
section 3009 of RCRA. These more stringent requirements may include a
provision that prohibits a federally issued exclusion from taking
effect in the State. Because a dual system (that is, both Federal
(RCRA) and State (non-RCRA) programs) may regulate a petitioner's
waste, we urge petitioners to contact the State regulatory authority to
establish the status of their wastes under the State law.
    EPA has also authorized some States (for example, Louisiana,
Georgia, Illinois) to administer a delisting program in place of the
Federal program, that is, to make State delisting decisions. Therefore,
this exclusion does not apply in those authorized States. If Blanchard
transports the petitioned waste to or manages the waste in any State
with delisting authorization, Blanchard must obtain delisting
authorization from that State before they can manage the waste as
nonhazardous in the State.

II. Background

A. What is a delisting?

    A delisting petition is a request from a generator to EPA or
another agency with jurisdiction to exclude from the list of hazardous
wastes, wastes the generator does not consider hazardous under RCRA.

B. What regulations allow facilities to delist a waste?

    Under 40 CFR 260.20 and 260.22, facilities may petition the EPA to
remove their wastes from hazardous waste control by excluding them from
the lists of hazardous wastes contained in Sec. Sec.  261.31 and
261.32. Specifically, Sec.  260.20 allows any person to petition the
Administrator to modify or revoke any provision of parts 260 through
266, 268 and 273 of Title 40 of the Code of Federal Regulations.
Section 260.22 provides generators the opportunity to petition the
Administrator to exclude a waste on a ``generator-specific'' basis from
the hazardous waste lists.

C. What information must the generator supply?

    Petitioners must provide sufficient information to EPA to allow the
EPA to determine that the waste to be excluded does not meet any of the
criteria under which the waste was listed as a hazardous waste. In
addition, the Administrator must determine, where he/she has a
reasonable basis to believe that factors (including additional
constituents) other than those for which the waste was listed could
cause the waste to be a hazardous waste, that such factors do not
warrant retaining the waste as a hazardous waste.

III. EPA's Evaluation of the Waste Data

A. What waste and how much did Blanchard petition EPA to delist?

    In June 2017, Blanchard petitioned EPA to exclude from the lists of
hazardous wastes contained in Sec. Sec.  261.31 and 261.32, residual
solids (F037) generated during reclamation activities conducted at its
GBR facility located in Texas City, Texas. The waste falls under the
classification of listed

waste pursuant to Sec. Sec.  261.31 and 261.32. Specifically, in its
petition, Blanchard requested that EPA grant a conditional exclusion
for the annual generation volume of 20,000 cubic yards of F037 residual
solids.
    The 40 CFR part 261 Appendix VII hazardous constituents which are
the basis for listing can be found in Table 1.

   Table 1--EPA Waste Codes for OBSM Residual Solids and the Basis for
                                 Listing
------------------------------------------------------------------------
               Waste code                       Basis for listing
------------------------------------------------------------------------
F037...................................  Benzene, benzo(a)pyrene,
                                          chrysene, lead, chromium.
------------------------------------------------------------------------

B. How did Blanchard sample and analyze the waste data in this
petition?

    To support its petition, Blanchard conducted individual sampling
events on residual solids resulting from the reclamation of Blanchard's
three (3) identified categories of OBSMs. Each separate sampling event
consisted of four (4) composite samples taken during a 24-hour period
of representative operation. Each composite sample was comprised of
individual grab samples (i.e., a minimum of four), obtained during
separate six (6) hour periods of the 24-hour sampling event.
Compositing of samples and performance of quality control requirements
were performed by Blanchard's selected analytical laboratory,
TestAmerica Laboratories, Inc. (``TestAmerica''). Blanchard submitted:
Historical information on waste generation and management practices;
and analytical results from twelve samples for total and TCLP
concentrations of constituents of concern (COC)s.

Table 2--Analytical Results/Maximum Allowable Delisting Concentration Residual Solids Blanchard Refining Company
                                             LLC, Texas City, Texas
----------------------------------------------------------------------------------------------------------------
                                                           Maximum total       Maximum TCLP       Maximum TCLP
                      Constituent                          concentration      concentration     delisting level
                                                              (mg/kg)             (mg/L)             (mg/L)
----------------------------------------------------------------------------------------------------------------
Acetone................................................              0.185              0.226              520.0
Antimony...............................................               53.7              0.226              0.599
Anthracene.............................................              0.488            <0.0125             25.993
Arsenic................................................              222.0              0.277              0.424
Barium.................................................              950.0              0.221               36.0
Benzene................................................               1.25           <0.00280              0.077
Benzo (a) anthracene...................................              0.512            <0.0106              0.070
Benzo(a) pyrene........................................             0.0298            <0.0123              2.634
Benzo (b) flouranthene.................................              0.286            <0.0125              22.43
Beryllium..............................................               8.61              0.235              1.764
Cadmium................................................              0.441           <0.00280              0.217
Chromium...............................................              120.0             0.0550               3.06
Chrysene...............................................              0.272            <0.0103              7.006
Cobalt.................................................              242.0              0.818              0.902
Copper.................................................              639.0            <0.0813             21.527
Cyanide................................................               99.4            <0.0702               3.08
Diethyl Phthalate......................................              0.493            <0.0130                990
Flouranthrene..........................................              0.405            <0.0122              2.462
Flourene...............................................              0.420           <0.00710               4.91
Lead...................................................              963.0            <0.0219              0.984
2, methylphenol........................................               1.31           <0.00710             28.952
3,4 methylphenol.......................................               2.18           <0.00675             28.952
Methylene Chloride.....................................              0.827            0.00756             0.0790
Methyl Naphthalene.....................................              0.365            <0.0129              0.727
Mercury................................................             0.0403           0.000104              0.068
Naphthalene............................................              0.874            <0.0110             0.0327
Nickel.................................................             29,000           <0.00800               13.5
Phenanthrene...........................................               2.16            <0.0112             10.626
Phenol.................................................               6.55            0.00813                173
Pyrene.................................................               1.76            <0.0150              4.446
Pyridine...............................................              0.197            <0.0108             0.5775
Selenium...............................................               13.5             0.0530                1.0
Silver.................................................               1.86            <0.0129                5.0
Toluene................................................              0.670           <0.00275               15.1
Tin....................................................               13.8           <0.00590                387
Thallium...............................................              110.0             0.0220             0.0366
Vanadium...............................................            75, 400              0.215             4.6436
Zinc...................................................             1920.0              0.487                197
----------------------------------------------------------------------------------------------------------------
Notes: These levels represent the highest constituent concentration found in any one sample and does not
  necessarily represent the specific level found in one sample.

IV. Public Comments Received on the Proposed Exclusion

A. Who submitted comments on the proposed rule?

    The EPA received fifteen anonymous public comments on the October
31, 2017, proposed rule via regulations.gov. There were ten comments
which had no bearing on the delisting of hazardous waste for Blanchard
Refining. Two comments: EPA-R06-RCRA-2017-0556-0003 and EPA-R06-RCRA-
2017-0556-0005 were submitted in favor of the issuance of the petition.
Comments and responses to the three adverse comments (EPA-R06-RCRA-
2017-0556-0009) are addressed below.

B. Comments and Responses

    General Comment: EPA Region 6 received ten comments through
regulations.gov to which no responses are required. These comments are
numbered: EPA-R06-RCRA-2017-0556-0002, EPA-R06-RCRA-2017-0556-0004,
EPA-R06-RCRA-2017-0556-0006, EPA-R06-RCRA-2017-0556-0007, EPA-R06-RCRA-
2017-0556-0009, EPA-R06-RCRA-2017-0556-0010, EPA-R06-RCRA-2017-0556-
0011, EPA-R06-RCRA-2017-0556-0012, EPA-R06-RCRA-2017-0556-0013, and
EPA-R06-RCRA-2017-0556-0015 in this rulemaking docket. These commenters
expressed concerns regarding wildfires, wind turbines, climate change,
car lithium batteries, and opinions on Lead leaching into drinking
water which are not appropriately addressed as part of the Hazardous
Waste delisting program. Some comments reflect differences in opinions
or preferred outcomes, to which an agency response is not appropriate.
The EPA acknowledges the submission of these comments but notes the
comments are out of the scope of the current final action regarding the
delisting of hazardous waste residuals generated at Blanchard Refining.
    Comment 1 (EPA-R06-RCRA-2017-0556-0009): ``I am writing in
representation of the over 150,000 members of TinyTimmy.org. We are
against delisting these Blanchard solid hazardous wastes because they
do not meet the standards stated clearly by the EPA for such delisting
activity. Many of their own test results show a much higher than
acceptable levels of some of the most toxic chemicals known to man.
This attempt to delist byproducts such as Appendix VII inorganic
constituents of concern, lead and chromium, and Appendix VII organic
constituents of concern benzene, benzo(a)pyrene and chrysene. The
levels found by Blanchard's testing does not meet the EPA criteria for
delistment. Further, doing so violates human safety, groundwater,
environment and worker health. We strongly urge the EPA to reconsider
and follow its actual mission of protecting the health of both humans
and the environment and stop giving out favors to the fossil fuel
industry on our backs.''
    Response 1 (EPA-R06-RCRA-2017-0556-0009). The Delisting Program
requires extensive waste sampling and a risk assessment is performed to
assess a wastes potential harm to human health and the environment. The
program is designed to insure that the wastes which are deemed excluded
will not be managed in a manner to harm human health or the
environment. This waste will be managed in a Subtitle D industrial
waste landfill as solid waste to prevent releases to groundwater and
air pathways.
    Comment 2 (EPA-R06-RCRA-2017-0556-0014). ``I oppose the petition
for delisting and believe delisting would pose a threat to the
public.''
    Response 2 (EPA-R06-RCRA-2017-0556-0014). The Delisting Program
requires extensive waste sampling and a risk assessment is performed to
assess a wastes potential harm to human health and the environment. The
program is designed to insure that the wastes which are deemed excluded
will not be managed in a manner to harm human health or the
environment. This waste will be managed in a Subtitle D industrial
waste landfill as solid waste to prevent releases to groundwater and
air pathways.
    Comment 3 (EPA-R06-RCRA-2017-0556-0016). ``I'd like to say thank
you for opportunity to comment. My concern is regarding the delisting
mandate of the Blanchard Refinery residual solid waste stream with
chemicals that are classifiable as known carcinogenicity to human. The
EPA is basing the ruling on the results from DRAS (Hazardous Waste
Delisting Risk Assessment Software). Per the EPA, ``the DRAS is a risk
assessment tool and, therefore, can only provide risk analyses based on
the information input into the program.'' Therefore, this software is
not a dynamic simulation of the site's actual contaminates level but
rather a ``subjective'' user input simulation.
    Also, the criteria for demonstration of health-based levels is the
Maximum Toxicity Characteristic Leaching Procedure (TCLP) delisting
level. Does this limit cover worksite exposure limits? Will rate of
evaporation affect the TCLP concentration? If so, will there be
continuous monitoring at the site? For example, Cobalt meets the
Maximum TCLP delisting level criteria of 0.902 (mg/L); however, per a
New Jersey Department of Health and Senior Services Hazardous Substance
Fact Sheet, it does not meet the workplace exposure limits.1
    The average airborne permissible exposure limits (PEL) according
to:

OSHA: The legal PEL is 0.1 mg/m3 (8-hour workshift)
NIOSH: The recommended PEL is 0.05 mg/m3 (10-hour workshift)
ACGIH: The legal PEL is 0.02 mg/m3 (8-hour workshift)

    Based on these limits, the maximum TCLP is, using the most
conservative case, 900% higher. Also, according to the same study, it
is stated that cobalt maybe a carcinogen in humans and there may be no
safe level of exposure of exposure to a carcinogen.
    Within the delisted chemicals, I have identified multiple chemicals
in addition to Cobalt that are classifiable as known carcinogenicity to
human, such as benzene and toluene. Since a landfill is considered a
worksite, the chemicals should be reconsidered or the PEL considered in
the criteria for demonstration of health-based levels.''
    Response 3 (EPA-R06-RCRA-2017-0556-0016). The requirements of the
Federal regulations defined in 40 CFR part 260.20, and 260.22, describe
the process by which wastes may be removed from the list of hazardous
waste. In addition to extensive quality assurance and quality control
data for the samples taken, EPA performs a risk assessment using the
Delisting Risk Assessment Software to ensure that our decision is
protective of human health and the environment. The constituent
concentrations found in the residual solids are below the
concentrations that would pose harm to human health and the
environment. A waste is eligible for delisting only if that waste, as
generated at a particular facility, does not meet any of the criteria
under which the waste was listed as a hazardous waste. In addition, the
waste may not contain any other Appendix VIII constituents that would
cause the waste to be hazardous. RCRA Sec.  3001(f) and 40 CFR 260.22.
A delisting is only intended to address a specific waste stream
generated at a specific site. Since individual waste streams may vary
depending on raw materials, industrial processes, and other factors, it
may be appropriate not to list a specific waste from a specific site.
Therefore, while a waste described in the regulations or resulting from
the operation of the mixture or derived-from rules generally is
hazardous, a specific waste from an individual facility may not be
hazardous. For this reason, 40 CFR

260.20 and 260.22 provide an exclusion procedure, called delisting,
which allows persons to prove that EPA should not regulate a specific
waste from a particular generating facility as a hazardous waste. A
risk assessment of the petitioned waste is completed and is a part of
the decision factors in issuing an exclusion. Specific health
examinations and worker protection are covered by the facility
operating plans and overseen by OSHA. Worker safety during the
management of this waste to avoid contact with this material are
covered by the Health and Safety plans of the petitioner.

V. Statutory and Executive Order Reviews

    Under Executive Order 12866, ``Regulatory Planning and Review'' (58
FR 51735, October 4, 1993), this rule is not of general applicability
and therefore, is not a regulatory action subject to review by the
Office of Management and Budget (OMB). This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.) because it applies to a
particular facility only. Because this rule is of particular
applicability relating to a particular facility, it is not subject to
the regulatory flexibility provisions of the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.), or to sections 202, 204, and 205 of the
Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4). Because
this rule will affect only a particular facility, it will not
significantly or uniquely affect small governments, as specified in
section 203 of UMRA. Because this rule will affect only a particular
facility, this rule does not have federalism implications. It will not
have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132, ``Federalism'', (64 FR 43255,
August 10, 1999). Thus, Executive Order 13132 does not apply to this
rule. This action is considered an Executive Order 13771 deregulatory
action. This final rule provides meaningful burden reduction by
allowing the petitioner to manage an estimated 20,000 cubic yards of
residual solids a year under RCRA Subtitle D management standards
rather than the more stringent RCRA Subtitle C standards. This action
will significantly reduce the costs associated with the on-site
management, transportation and disposal of this wastestream by shifting
its management from RCRA Subtitle C hazardous waste management to RCRA
Subtitle D nonhazardous waste management.
    Similarly, because this rule will affect only a particular
facility, this rule does not have tribal implications, as specified in
Executive Order 13175, ``Consultation and Coordination with Indian
Tribal Governments'' (65 FR 67249, November 9, 2000). Thus, Executive
Order 13175 does not apply to this rule. This rule also is not subject
to Executive Order 13045, ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because
it is not economically significant as defined in Executive Order 12866,
and because the Agency does not have reason to believe the
environmental health or safety risks addressed by this action present a
disproportionate risk to children. The basis for this belief is that
the Agency used DRAS, which considers health and safety risks to
children, to calculate the maximum allowable concentrations for this
rule. This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355 (May 22, 2001)), because it is not
a significant regulatory action under Executive Order 12866. This rule
does not involve technical standards; thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. As required by section 3 of
Executive Order 12988, ``Civil Justice Reform'', (61 FR 4729, February
7, 1996), in issuing this rule, EPA has taken the necessary steps to
eliminate drafting errors and ambiguity, minimize potential litigation,
and provide a clear legal standard for affected conduct.
    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. Section 804 exempts from section 801 the following types of
rules: (1) Rules of particular applicability; (2) rules relating to
agency management or personnel; and (3) rules of agency organization,
procedure, or practice that do not substantially affect the rights or
obligations of non-agency parties (5 U.S.C. 804(3)). EPA is not
required to submit a rule report regarding this action under section
801 because this is a rule of particular applicability. Executive Order
(E.O.) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes Federal executive
policy on environmental justice. Its main provision directs Federal
agencies, to the greatest extent practicable and permitted by law, to
make environmental justice part of their mission by identifying and
addressing, as appropriate, disproportionately high and adverse human
health or environmental effects of their programs, policies, and
activities on minority populations and low-income populations in the
United States.
    EPA has determined that this rule will not have disproportionately
high and adverse human health or environmental effects on minority or
low-income populations because it does not affect the level of
protection provided to human health or the environment. The Agency's
risk assessment did not identify risks from management of this material
in an authorized, solid waste landfill (e.g. RCRA Subtitle D landfill,
commercial/industrial solid waste landfill, etc.). Therefore, EPA
believes that any populations in proximity of the landfills used by
this facility should not be adversely affected by common waste
management practices for this delisted waste.

Lists of Subjects in 40 CFR Part 261

    Environmental protection, Hazardous Waste, Recycling, Reporting and
record-keeping requirements.

    Authority: Sec. 3001(f) RCRA, 42 U.S.C. 6921(f).

    Dated: July 31, 2018.
Wren Stenger,
Multimedia Division Director, Region 6.

    For the reasons set out in the preamble, 40 CFR part 261 is amended
as follows:

PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

0
1. The authority citation for part 261 continues to read as follows:

    Authority:  42 U.S.C. 6905, 6912(a), 6921, 6922, 6924(y) and
6938.

0
2. In Table 1 of Appendix IX to Part 261, add an entry for ``Blanchard
Refining Company LLC'' in alphabetical order by facility to read as
follows:

Appendix IX to Part 261--Waste Excluded Under Sec. Sec.  260.20 and
260.22

                               Table 1--Wastes Excluded From Non-Specific Sources
----------------------------------------------------------------------------------------------------------------
                Facility                            Address                        Waste description
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Blanchard Refining Company LLC..........  Texas City, TX.............  Residual solids (EPA Hazardous Waste
                                                                        Numbers F037) generated at a maximum
                                                                        rate of as 20,000 cubic yards annually.
                                                                       For the exclusion to be valid, Blanchard
                                                                        must implement a verification testing
                                                                        program that meets the following
                                                                        Paragraphs:
                                                                       (1) All leachable concentrations for
                                                                        those constituents must not exceed the
                                                                        following levels measured as mg/L (ppm).
                                                                        The petitioner must use an acceptable
                                                                        leaching method, for example SW-846,
                                                                        Method 1311, to measure constituents in
                                                                        the residual solids leachate:
                                                                       (A) Inorganic Constituents of Concern:
                                                                        Antimony--0.5985; Arsenic--0.424;
                                                                        Barium--36; Beryllium--1.74; Chromium--
                                                                        3.06; Cobalt--0.902; Lead--0.984;
                                                                        Nickel--13.5; Selenium--1.0; Vanadium--
                                                                        4.64, Zinc--197. Mercury--0.068.
                                                                       (B) Organic Constituents of Concern:
                                                                        Acetone--520.0; Anthracene--25.993;
                                                                        Benzene--0.077; Benzo(a)pyrene--2.634,
                                                                        Chrysene--7.006; Methylene Chloride--
                                                                        0.0790; Phenanthrene--10.626; Phenol--
                                                                        173; Pyrene--4.446.
                                                                       (2) Waste Holding and Handling:
                                                                       (A) Blanchard must manage and dispose its
                                                                        residual solids as hazardous waste
                                                                        generated under Subtitle C of RCRA,
                                                                        until they have completed verification
                                                                        testing described in Paragraph (3)(A)
                                                                        and (B), as appropriate, and valid
                                                                        analyses show that paragraph (1) is
                                                                        satisfied.
                                                                       (B) Levels of constituents measured in
                                                                        the samples of the residual solids that
                                                                        do not exceed the levels set forth in
                                                                        Paragraph (1) are nonhazardous.
                                                                        Blanchard can manage and dispose the
                                                                        nonhazardous residual solids according
                                                                        to all applicable solid waste
                                                                        regulations.
                                                                       (C) If constituent levels in a sample
                                                                        exceed any of the delisting levels set
                                                                        in Paragraph (1), Blanchard must retreat
                                                                        or stabilize the residual solids
                                                                        represented by the sample exceeding the
                                                                        delisting levels, until it meets the
                                                                        levels in paragraph (1). Blanchard must
                                                                        repeat the analyses of the retreated
                                                                        residual solids.
                                                                       (3) Verification Testing Requirements:
                                                                       Blanchard must perform analytical testing
                                                                        by sampling and analyzing the Residual
                                                                        solids as follows:
                                                                       (i) Collect representative samples of the
                                                                        Residual solids for analysis of all
                                                                        constituents listed in paragraph (1)
                                                                        prior to disposal.
                                                                       (ii) The samples for verification testing
                                                                        shall be a representative sample
                                                                        according to appropriate methods. As
                                                                        applicable to the method-defined
                                                                        parameters of concern, analyses
                                                                        requiring the use of SW-846 methods
                                                                        incorporated by reference in 40 CFR
                                                                        260.11 must be used without
                                                                        substitution. As applicable, the SW-846
                                                                        methods might include Methods 0010,
                                                                        0011, 0020, 0023A, 0030, 0031, 0040,
                                                                        0050, 0051, 0060, 0061, 1010A, 1020B,
                                                                        1110A, 1310B, 1311, 1312, 1320, 1330A,
                                                                        9010C, 9012B, 9040C, 9045D, 9060A, 9070A
                                                                        (uses EPA Method 1664, Rev. A), 9071B,
                                                                        and 9095B. Methods must meet Performance
                                                                        Based Measurement System Criteria in
                                                                        which the Data Quality Objectives are to
                                                                        demonstrate that samples of the
                                                                        Blanchard residual solids are
                                                                        representative for all constituents
                                                                        listed in paragraph (1).
                                                                       Blanchard must perform sample collection
                                                                        and analyses, including quality control
                                                                        procedures, according to SW-846
                                                                        methodologies.
                                                                       (A) Initial Verification Testing:
                                                                       After EPA grants the final exclusion,
                                                                        Blanchard must do the following:
                                                                       (i) Collect four (4) representative
                                                                        composite samples of the residual solids
                                                                        at weekly intervals after EPA grants the
                                                                        final exclusion. The first composite
                                                                        samples may be taken at any time after
                                                                        EPA grants the final approval. Sampling
                                                                        should be performed in accordance with
                                                                        the sampling plan approved by EPA in
                                                                        support of the exclusion.
                                                                       (ii) Analyze the samples for all
                                                                        constituents listed in paragraph (1).
                                                                        Any composite sample taken that exceeds
                                                                        the delisting levels listed in paragraph
                                                                        (1) for the residual solids must be
                                                                        disposed as hazardous waste in
                                                                        accordance with the applicable hazardous
                                                                        waste requirements.
                                                                       (iii) Within thirty (30) days after
                                                                        successfully completing its initial
                                                                        verification testing, Blanchard may
                                                                        report its analytical test data for its
                                                                        initial four (4) weekly composite
                                                                        samples to EPA. If levels of
                                                                        constituents measured in the samples of
                                                                        the residual solids do not exceed the
                                                                        levels set forth in paragraph (1) of
                                                                        this exclusion, Blanchard can manage and
                                                                        dispose the non-hazardous residual
                                                                        solids according to all applicable solid
                                                                        waste regulations.
                                                                       (B) Subsequent Verification Testing:
                                                                       If Blanchard completes initial
                                                                        verification testing requirements,
                                                                        specified in paragraph (3)(A), and no
                                                                        sample contains a constituent at a level
                                                                        which exceeds the limits set forth in
                                                                        paragraph (1), Blanchard may begin
                                                                        subsequent verification testing as
                                                                        follows:
                                                                       (i) Blanchard must test representative
                                                                        composite samples of the residual solids
                                                                        for all constituents listed in paragraph
                                                                        (1) at least once per month.

                                                                       (ii) The samples for the monthly testing
                                                                        shall be a representative composite
                                                                        sample according to appropriate methods.
                                                                       (iii) Within thirty (30) days after
                                                                        completing each monthly sampling,
                                                                        Blanchard will report its analytical
                                                                        test data to EPA.
                                                                       (C) Annual Verification Testing:
                                                                       If levels of constituents measured in the
                                                                        samples of the residual solids do not
                                                                        exceed the levels set forth in paragraph
                                                                        (1) of this exclusion for six (6)
                                                                        consecutive months of subsequent
                                                                        verification testing, Blanchard may
                                                                        begin annual testing as follows:
                                                                       (i) Blanchard must test representative
                                                                        composite samples of the residual solids
                                                                        for all constituents listed in paragraph
                                                                        (1) at least once per calendar year.
                                                                       (ii) The samples for the annual testing
                                                                        shall be a representative composite
                                                                        sample according to appropriate methods.
                                                                       (iii) Within sixty (60) days after
                                                                        completing each annual sampling,
                                                                        Blanchard will report its analytical
                                                                        test data to EPA.
                                                                       (D) Termination of Organic Testing:
                                                                       Blanchard must continue testing as
                                                                        required under Paragraph (3)(B) for
                                                                        organic constituents in Paragraph
                                                                        (1)(B), until the analytical results
                                                                        submitted under Paragraph (3)(B) show a
                                                                        minimum of three (3) consecutive monthly
                                                                        samples below the delisting levels in
                                                                        Paragraph (1). Following receipt of
                                                                        approval from EPA in writing, Blanchard
                                                                        may terminate organic testing.
                                                                       (4) Changes in Operating Conditions:
                                                                       If Blanchard significantly changes the
                                                                        process described in its petition or
                                                                        starts any processes that generate(s)
                                                                        the waste that may or could affect the
                                                                        composition or type of waste generated
                                                                        as established under Paragraph (1) (by
                                                                        illustration, but not limitation,
                                                                        changes in equipment or operating
                                                                        conditions of the treatment process),
                                                                        they must notify EPA in writing.
                                                                        Blanchard may no longer handle the
                                                                        residual solids generated from the new
                                                                        process as nonhazardous until they have
                                                                        completed verification testing described
                                                                        in Paragraph (3)(A) and (B), as
                                                                        appropriate, documented that valid
                                                                        analyses show that paragraph (1) is
                                                                        satisfied, and received written approval
                                                                        from EPA.
                                                                       (5) Stabilization Operation:
                                                                       Blanchard may periodically elect to
                                                                        modify operating conditions to
                                                                        accommodate the addition of chemical
                                                                        stabilization reagents during indirect
                                                                        thermal desorption processing. In the
                                                                        event that Blanchard initiates the
                                                                        inclusion of stabilization during
                                                                        operation, they may no longer handle the
                                                                        residual solids generated from the
                                                                        modified process as nonhazardous until
                                                                        the residual solids meet the delisting
                                                                        levels set in Paragraph (1) under
                                                                        initial verification testing
                                                                        requirements set in paragraph (3)(A) and
                                                                        verify that the stabilization reagents
                                                                        do not add additional constituents to
                                                                        the residual solid leachate. Following
                                                                        completion of modified operation,
                                                                        Blanchard can resume normal operating
                                                                        conditions and testing requirements
                                                                        under Paragraph (3), which were in place
                                                                        prior to initiating stabilization during
                                                                        operation.
                                                                       (6) Data Submittals:
                                                                       Blanchard must submit the information
                                                                        described below. If Blanchard fails to
                                                                        submit the required data within the
                                                                        specified time or maintain the required
                                                                        records on-site for the specified time,
                                                                        EPA, at its discretion, will consider
                                                                        this sufficient basis to reopen the
                                                                        exclusion as described in paragraph (7).
                                                                        Blanchard must:
                                                                       (A) Submit the data obtained through
                                                                        paragraph 3 to the Section Chief, 6MM-
                                                                        RP, Multimedia Division, U.S.
                                                                        Environmental Protection Agency Region
                                                                        6, 1445 Ross Ave., Suite 1200, Dallas,
                                                                        Texas 75202, within the time specified.
                                                                        All supporting data can be submitted on
                                                                        CD-ROM or comparable electronic media.
                                                                       (B) Compile records of analytical data
                                                                        from paragraph (3), summarized, and
                                                                        maintained on-site for a minimum of five
                                                                        years.
                                                                       (C) Furnish these records and data when
                                                                        either EPA or the State of Texas
                                                                        requests them for inspection.
                                                                       (D) Send along with all data a signed
                                                                        copy of the following certification
                                                                        statement, to attest to the truth and
                                                                        accuracy of the data submitted:
                                                                       ``Under civil and criminal penalty of law
                                                                        for the making or submission of false or
                                                                        fraudulent statements or representations
                                                                        (pursuant to the applicable provisions
                                                                        of the Federal Code, which include, but
                                                                        may not be limited to, 18 U.S.C. 1001
                                                                        and 42 U.S.C. 6928), I certify that the
                                                                        information contained in or accompanying
                                                                        this document is true, accurate and
                                                                        complete.
                                                                       As to the (those) identified section(s)
                                                                        of this document for which I cannot
                                                                        personally verify its (their) truth and
                                                                        accuracy, I certify as the company
                                                                        official having supervisory
                                                                        responsibility for the persons who,
                                                                        acting under my direct instructions,
                                                                        made the verification that this
                                                                        information is true, accurate and
                                                                        complete.

                                                                       If any of this information is determined
                                                                        by EPA in its sole discretion to be
                                                                        false, inaccurate or incomplete, and
                                                                        upon conveyance of this fact to the
                                                                        company, I recognize and agree that this
                                                                        exclusion of waste will be void as if it
                                                                        never had effect or to the extent
                                                                        directed by EPA and that the company
                                                                        will be liable for any actions taken in
                                                                        contravention of the company's RCRA and
                                                                        CERCLA obligations premised upon the
                                                                        company's reliance on the void
                                                                        exclusion.''
                                                                       (7) Reopener:
                                                                       (A) If, any time after disposal of the
                                                                        delisted waste Blanchard possesses or is
                                                                        otherwise made aware of any
                                                                        environmental data (including but not
                                                                        limited to underflow water data or
                                                                        ground water monitoring data) or any
                                                                        other data relevant to the delisted
                                                                        waste indicating that any constituent
                                                                        identified for the delisting
                                                                        verification testing is at level higher
                                                                        than the delisting level allowed by the
                                                                        Division Director in granting the
                                                                        petition, then the facility must report
                                                                        the data, in writing, to the Division
                                                                        Director within 10 days of first
                                                                        possessing or being made aware of that
                                                                        data.
                                                                       (B) If either the verification testing
                                                                        (and retest, if applicable) of the waste
                                                                        does not meet the delisting requirements
                                                                        in paragraph 1, Blanchard must report
                                                                        the data, in writing, to the Division
                                                                        Director within 10 days of first
                                                                        possessing or being made aware of that
                                                                        data.
                                                                       (C) If Blanchard fails to submit the
                                                                        information described in paragraphs (6),
                                                                        (7)(A) or (7)(B) or if any other
                                                                        information is received from any source,
                                                                        the Division Director will make a
                                                                        preliminary determination as to whether
                                                                        the reported information requires EPA
                                                                        action to protect human health and/or
                                                                        the environment. Further action may
                                                                        include suspending, or revoking the
                                                                        exclusion, or other appropriate response
                                                                        necessary to protect human health and
                                                                        the environment.
                                                                       (D) If the Division Director determines
                                                                        that the reported information requires
                                                                        action by EPA, the Division Director
                                                                        will notify the facility in writing of
                                                                        the actions the Division Director
                                                                        believes are necessary to protect human
                                                                        health and the environment. The notice
                                                                        shall include a statement of the
                                                                        proposed action and a statement
                                                                        providing the facility with an
                                                                        opportunity to present information as to
                                                                        why the proposed EPA action is not
                                                                        necessary. The facility shall have 10
                                                                        days from receipt of the Division
                                                                        Director's notice to present such
                                                                        information.
                                                                       (E) Following the receipt of information
                                                                        from the facility described in paragraph
                                                                        (7)(D) or (if no information is
                                                                        presented under paragraph (7)(D)) the
                                                                        initial receipt of information described
                                                                        in paragraphs (6), (7)(A) or (7)(B), the
                                                                        Division Director will issue a final
                                                                        written determination describing EPA
                                                                        actions that are necessary to protect
                                                                        human health and/or the environment. Any
                                                                        required action described in the
                                                                        Division Director's determination shall
                                                                        become effective immediately, unless the
                                                                        Division Director provides otherwise.
                                                                       (8) Notification Requirements:
                                                                       Blanchard must do the following before
                                                                        transporting the delisted waste. Failure
                                                                        to provide this notification will result
                                                                        in a violation of the delisting petition
                                                                        and a possible revocation of the
                                                                        decision.
                                                                       (A) Provide a one-time written
                                                                        notification to any state Regulatory
                                                                        Agency to which or through which it will
                                                                        transport the delisted waste described
                                                                        above for disposal, 60 days before
                                                                        beginning such activities.
                                                                       (B) For onsite disposal, a notice should
                                                                        be submitted to the State to notify the
                                                                        State that disposal of the delisted
                                                                        materials has begun.
                                                                       (C) Update one-time written notification,
                                                                        if it ships the delisted waste into a
                                                                        different disposal facility.
                                                                       (D) Failure to provide this notification
                                                                        will result in a violation of the
                                                                        delisting exclusion and a possible
                                                                        revocation of the decision.

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

[FR Doc. 2018-17985 Filed 8-21-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 22 (Wednesday, February 2, 2022)]
[Notices]
[Pages 5929-5930]
[FR Doc No: 2022-02085]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-94091]

Order Granting Application by Nasdaq PHLX LLC for an Exemption
Pursuant to Section 36(a) of the Exchange Act From the Rule Filing
Requirements of Section 19(b) of the Exchange Act With Respect to
Certain Rules Incorporated by Reference

January 27, 2022.
    Nasdaq PHLX LLC (``Phlx'' or ``Exchange'') has filed with the
Securities and Exchange Commission (``Commission'') an application for
an exemption under Section 36(a)(1) of the Securities Exchange Act of
1934 (``Exchange Act'') \1\ from the rule filing requirements of
Section 19(b) of the Exchange Act \2\ with respect to certain rules of
the Financial Industry Regulatory Authority, Inc. (``FINRA'') that the
Exchange seeks to incorporate by reference.\3\ Section 36 of the
Exchange Act, subject to certain limitations, authorizes the Commission
to conditionally or unconditionally exempt any person, security, or
transaction, or any class thereof, from any provision of the Exchange
Act or rule thereunder, if necessary or appropriate in the public
interest and consistent with the protection of investors.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78mm(a)(1).
    \2\ 15 U.S.C. 78s(b).
    \3\ See Letter from Angela S. Dunn, Principal Associate General
Counsel, Phlx, to J. Matthew DeLesDernier, Assistant Secretary,
Commission, dated August 26, 2021 (``Exemptive Request'').
---------------------------------------------------------------------------

    The Exchange has requested, pursuant to Rule 0-12 under the
Exchange Act,\4\ that the Commission grant the Exchange an exemption
from the rule filing requirements of Section 19(b) of the Exchange Act
for changes to the Exchange's rules that are effected solely by virtue
of a change to a cross-referenced FINRA rule. Specifically, the
Exchange requests that it be permitted to incorporate by reference
changes made to the FINRA rules that are cross-referenced in the
Exchange's rules identified below, without the need for the Exchange to
file separately similar proposed rule changes pursuant to Section 19(b)
of the Exchange Act: \5\
---------------------------------------------------------------------------

    \4\ 17 CFR 240.0-12.
    \5\ See Exemptive Request, supra note 3, at 2.
---------------------------------------------------------------------------

     General 9, Section 1(a) (Prohibition Against Trading Ahead
of Customer Orders) cross-references FINRA Rule 5320 (except for FINRA
Rule 5320.02(b) and the reference to FINRA Rule 6420 in FINRA Rule
5320).
     Options 10, Section 20 (Options Communications) cross-
references FINRA Rule 2220 (except for FINRA Rule 2220(c)).
    The Exchange represents that the FINRA rules listed above are
regulatory rules and not trading rules.\6\ The Exchange represents
that, as a condition to the requested exemption from Section 19(b) of
the Exchange Act, the Exchange will provide written notice to its
members and member organizations whenever FINRA proposes a change to
FINRA Rule 2220 or 5320.\7\ The Exchange states that such notice will
alert its members, member organizations, and associated persons to the
proposed FINRA rule change and give them an opportunity to comment on
the proposal.\8\ The Exchange further represents that it will inform
members, member organizations, and associated persons in writing when
the Commission approves any such proposed rule changes.\9\
---------------------------------------------------------------------------

    \6\ See id. at 2, n.8. The Exchange also states that it is not
``cherry picking'' because the Exchange would be incorporating
categories of rules. See id.
    \7\ See id. at 2-3. The Exchange represents that it will provide
such notice via a posting on the same website location where the
Exchange posts its own rule filings pursuant to Rule 19b-4(l) within
the time frame required by such rule. See id. at 3, n.9. The website
posting will include a link to the location on FINRA's website where
the applicable proposed rule change is posted. See id.
    \8\ See id. at 3.
    \9\ See id.
---------------------------------------------------------------------------

    According to the Exchange, this exemption is appropriate because it
would result in the Exchange's rules pertaining to prohibition against
trading ahead of customer orders and options communications being
consistent with the relevant cross-referenced FINRA rules at all times,
thus ensuring consistent regulation of joint members of Phlx and
FINRA.\10\ The Exchange further states that, even if members are not
joint members of Phlx and FINRA, the exemption is appropriate because
it will permit its rules to remain consistent with FINRA's rules and
ensure consistent treatment of industry members with respect to the
aforementioned rules.\11\
---------------------------------------------------------------------------

    \10\ See id. at 2.
    \11\ See id.
---------------------------------------------------------------------------

    The Commission has issued exemptions similar to the Exchange's

request.\12\ In granting similar exemptions, the Commission stated that
it would consider similar future exemption requests, provided that:
---------------------------------------------------------------------------

    \12\ See, e.g., Securities Exchange Act Release Nos. 83296 (May
21, 2018), 83 FR 24362 (May 25, 2018) (order granting NYSE National,
Inc.'s exemptive request relating to rules of FINRA incorporated by
reference); 83040 (April 12, 2018), 83 FR 17198 (April 18, 2018)
(order granting MIAX PEARL, LLC's exemptive request relating to
rules of the Miami International Securities Exchange, LLC
incorporated by reference); 76998 (January 29, 2016), 81 FR 6066,
6083-84 (February 4, 2016) (order granting application for
registration as a national securities exchange of ISE Mercury, LLC
and exemptive request relating to rules of certain self-regulatory
organizations (``SROs'') (including FINRA) incorporated by
reference); 61534 (February 18, 2010), 75 FR 8760 (February 25,
2010) (order granting BATS Exchange, Inc.'s exemptive request
relating to rules incorporated by reference by the BATS Exchange
Options Market rules) (``BATS Options Market Order''); 61152
(December 10, 2009), 74 FR 66699, 66709-10 (December 16, 2009)
(order granting application for registration as a national
securities exchange of C2 Options Exchange, Incorporated and
exemptive request relating to rules of the Chicago Board Options
Exchange, Incorporated, incorporated by reference).
---------------------------------------------------------------------------

     An SRO wishing to incorporate rules of another SRO by
reference has submitted a written request for an order exempting it
from the requirement in Section 19(b) of the Exchange Act to file
proposed rule changes relating to the rules incorporated by reference,
has identified the applicable originating SRO(s), together with the
rules it wants to incorporate by reference, and otherwise has complied
with the procedural requirements set forth in the Commission's release
governing procedures for requesting exemptive orders pursuant to Rule
0-12 under the Exchange Act; \13\
---------------------------------------------------------------------------

    \13\ See 17 CFR 240.0-12 and Securities Exchange Act Release No.
39624 (February 5, 1998), 63 FR 8101 (February 18, 1998) (Commission
Procedures for Filing Applications for Orders for Exemptive Relief
Pursuant to Section 36 of the Exchange Act; Final Rule).
---------------------------------------------------------------------------

     The incorporating SRO has requested incorporation of
categories of rules (rather than individual rules within a category)
that are not trading rules (e.g., the SRO has requested incorporation
of rules such as margin, suitability, or arbitration); and
     The incorporating SRO has reasonable procedures in place
to provide written notice to its members each time a change is proposed
to the incorporated rules of another SRO.\14\
---------------------------------------------------------------------------

    \14\ See BATS Options Market Order, supra note 12 (citing
Securities Exchange Act Release No. 49260 (February 17, 2004), 69 FR
8500 (February 24, 2004) (order granting exemptive request relating
to rules incorporated by reference by several SROs) (``2004
Order'')).
---------------------------------------------------------------------------

    The Commission believes that the Exchange has satisfied each of
these conditions. The Commission also believes that granting the
Exchange an exemption from the rule filing requirements under Section
19(b) of the Exchange Act will promote efficient use of the
Commission's and the Exchange's resources by avoiding duplicative rule
filings based on simultaneous changes to identical rule text sought by
more than one SRO.\15\ The Commission therefore finds it appropriate in
the public interest and consistent with the protection of investors to
exempt the Exchange from the rule filing requirements under Section
19(b) of the Exchange Act with respect to the above-described FINRA
rules it has incorporated by reference. This exemption is conditioned
upon the Exchange promptly providing written notice to its members
whenever FINRA changes a rule that the Exchange has incorporated by
reference.
---------------------------------------------------------------------------

    \15\ See BATS Options Market Order, supra note 12, 75 FR at
8761; see also 2004 Order, supra note 14, 69 FR at 8502.
---------------------------------------------------------------------------

    Accordingly, IT IS ORDERED, pursuant to Section 36 of the Exchange
Act,\16\ that the Exchange is exempt from the rule filing requirements
of Section 19(b) of the Exchange Act solely with respect to changes to
the rules identified in the Exemptive Request, provided that the
Exchange promptly provides written notice to its members whenever FINRA
proposes to change a rule that the Exchange has incorporated by
reference.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78mm.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
---------------------------------------------------------------------------

    \17\ 17 CFR 200.30-3(a)(76).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-02085 Filed 2-1-22; 8:45 am]
BILLING CODE 8011-01-P


August 12, 2004 MEMORANDUM From: William H. Maxwell CG/ ESD ( C439 01)

To: Utility MACT Project Files Subject: Meeting with National Rural Electric Cooperative Association ( NRECA), August 12, 2004 Attendees National Rural Electric Cooperative Association: Bill Wemhoff Rae Cronmiller EPA: Bill Wehrum, OAR/ OD Jason Burnett, OAR/ OD Robert J. Wayland, OAR/ OAQPS/ ESD/ CG ( by telephone) Bill Maxwell, OAR/ OAQPS/ ESD/ CG ( by telephone)

Discussion At the meeting, the comments submitted by NRECA to the docket ( OAR 2002 0056 2891) were discussed.


[Federal Register Volume 83, Number 240 (Friday, December 14, 2018)]
[Notices]
[Page 64421]
[FR Doc No: 2018-27092]

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SECURITIES AND EXCHANGE COMMISSION

SEC File No. 270-149, OMB Control No. 3235-0130]

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736.

Extension:
    Rule 17Ad-2(c), (d), and (h)

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (``PRA'') (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the existing
collection of information provided for in Rule 17Ad-2(c), (d), and (h),
(17 CFR 240.17Ad-2(c), (d), and (h)), under the Securities Exchange Act
of 1934 (15 U.S.C. 78a et seq.). The Commission plans to submit this
existing collection of information to the Office of Management and
Budget (``OMB'') for extension and approval.
    Rule 17Ad-2(e),(d), and (h) enumerates the requirements with which
transfer agents must comply to inform the Commission or the appropriate
regulator of a transfer agent's failure to meet the minimum performance
standards set by the Commission rule by filing a notice.
    The Commission receives approximately 3 notices a year pursuant to
Rule 17Ad-2(c), (d), and (h). The estimated annual time burden of these
filings on respondents is minimal in view of: (a) The readily available
nature of most of the information required to be included in the notice
(since that information must be compiled and retained pursuant to other
Commission rules); and (b) the summary fashion in which such
information must be presented in the notice (most notices are one page
or less in length). In light of the above, and based on the experience
of the staff regarding the notices, the Commission staff estimates
that, on average, most notices require approximately one-half hour to
prepare. Thus, the Commission staff estimates that the industry-wide
total time burden is approximately 1.5 hours.
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's
estimates of the burden of the proposed collection of information; (c)
ways to enhance the quality, utility, and clarity of the information
collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in
writing within 60 days of this publication.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    Please direct your written comments to: Charles Riddle, Acting
Director/Chief Information Officer, Securities and Exchange Commission,
c/o Candace Kenner, 100 F Street NE Washington, DC 20549, or send an
email to<EMAIL_ADDRESS>
    Dated: December 10, 2018.
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2018-27092 Filed 12-13-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: May 9, 2008 (Volume 73, Number 91)]
[Notices]
[Page 26388-26389]
[DOCID:fr09my08-57]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Filing

May 2, 2008.

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

------------------------------------------------------------------------
PSEG Energy Resources & Trade LLC......  ER99-3151-008
Public Service Electric and Gas Company  ER97-837-007
PSEG Power Connecticut LLC.............  ER03-327-002
PSEG Fossil LLC........................  ER08-447-000
PSEG Nuclear LLC.......................  ER08-448-000
PPL Electric Utilities Corporation.....  ER00-1712-008
Lower Mount Bethel Energy, LLC.........  ER02-2408-003
PPL Brunner Island, LLC................  ER00-744-006
PPL Holtwood, LLC......................
PPL Martins Creek, LLC.................
PPL Montour, LLC.......................
PPL Susquehanna, LLC...................
PPL University Park, LLC...............  ER02-1327-005
PPL EnergyPlus, LLC....................  ER00-1703-003
PPL Edgewood Energy, LLC...............  ER02-1749-003
PPL Shoreham Energy, LLC...............  ER02-1747-003
PPL Great Works, LLC...................  ER99-4503-005
PPL Maine, LLC.........................  ER00-2186-003
PPL Wallingford Energy LLC.............  ER01-1559-004
Atlantic City Electric Company.........  ER96-1361-013
Delmarva Power & Light.................  ER99-2781-011
Potomac Electric Power Company.........  ER98-4138-009
Conectiv Energy Supply, Inc............  ER00-1770-019
Conectiv Bethlehem, LLC................  ER02-453-010
Pepco Energy Services, Inc.............  ER98-3096-015
Bethlehem Renewable Energy, LLC........  ER07-903-002
Eastern Landfill Gas, LLC..............  ER05-1054-003
Potomac Power Resources, LLC...........  ER01-202-008
Fauquier Landfill Gas, LLC.............  ER04-472-007

Dominion Energy Marketing, Inc.........  ER01-468-008
Dominion Nuclear Connecticut, Inc......  ER00-3621-009
Dominion Nuclear Marketing III, LLC....  ER00-3746-009
Dominion Energy Kewaunee, Inc..........  ER04-318-004
Dominion Energy Brayton Point, LLC.....  ER05-36-005
Dominion Energy Manchester Street, Inc.  ER05-37-005
Dominion Energy New England, Inc.......  ER05-34-005
Dominion Energy Salem..................  ER05-35-005
Dominion Retail, Inc...................  ER04-249-005
Elwood Energy, LLC.....................  ER99-1695-010
Fairless Energy, LLC...................  ER02-23-011
Kincaid Generation, LLC................  ER97-30-006
State Line Energy, LLC.................  ER96-2869-013
Virginia Electric and Power Company....  ER97-3561-005
                                         ER00-1737-011
Baltimore Gas and Electric Company.....  ER99-2948-012
Constellation Power Source Generation,   ER00-2918-011
 Inc..
Calvert Cliffs Nuclear Power Plant,      ER00-2917-011
 Inc..
Constellation Energy Commodities Group,  ER97-2261-022
 Inc..
Handsome Lake Energy, LLC..............  ER01-556-010
Nine Mile Point Nuclear Station, LLC...  ER01-1654-013
Constellation NewEnergy, Inc...........  ER02-2567-011
Constellation Energy Commodities Group   ER02-699-005
 Maine, LLC.
R.E. Ginna Nuclear Power Plant.........  ER04-485-008
Raven One, LLC.........................  ER07-247-003
Raven Two, LLC.........................  ER07-245-003
Raven Three, LLC.......................  ER07-244-003
Exelon Generation Company, LLC.........  ER00-3251-015
AmerGen Energy Company, LLC............  ER99-754-016
Commonwealth Edison Company............  ER98-1734-014
Exelon Energy Company..................  ER01-1919-011
PECO Energy Company....................  ER01-1147-006
Exelon West Medway, LLC................  ER01-513-021
Exelon New Boston, LLC.................
Exelon Framingham, LLC.................
Exelon Wyman, LLC......................
Exelon New England Power Marketing,      ER99-2404-011
 L.P..
FirstEnergy Operating Companies........  ER01-1403-006
Pennsylvania Power Company, et al......  ER06-1443-002
Jersey Central Power & Light Company...  ER04-366-005
FirstEnergy Solutions Corp.............  ER01-2968-007
FirstEnergy Generation Corporation.....  ER01-845-006
FirstEnergy Nuclear Generating           ER05-1122-004
 Corporation.
FirstEnergy Generating Mansfield Unit 1  ER08-107-001
 Corp. (collectively PJM RTO Filers).
------------------------------------------------------------------------

    Take notice that on April 30, 2008, The PJM RTO filers filed a
partial compliance filing, pursuant to the Commission's April 4, 2008
Letter Order, requesting addition information related to PJM RTO
filer's upated market power analyses.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible 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>.
    Comment Date: 5 p.m. Eastern Time on May 20, 2008.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-10295 Filed 5-8-08; 8:45 am]

BILLING CODE 6717-01-P