[Federal Register: October 9, 2008 (Volume 73, Number 197)]
[Rules and Regulations]
[Page 59523-59528]
[DOCID:fr09oc08-18]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 261

[EPA-R06-RCRA-2008-0418; SW-FRL-8727-8]

Hazardous Waste Management System; Identification and Listing of
Hazardous Waste; Final Exclusion

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: Environmental Protection Agency (EPA) is granting a petition
submitted by Lockheed Martin Aeronautics Company to exclude (or delist)
the sludge from its wastewater treatment plant generated by Lockheed
Martin Aeronautics Company in Fort Worth, Texas from the lists of
hazardous wastes. This final rule responds to the petition submitted by
Lockheed Martin Aeronautics Company to delist F019 sludge generated
from the facility's wastewater treatment plant.
    After careful analysis and use of the Delisting Risk Assessment
Software (DRAS), EPA has concluded the petitioned waste is not
hazardous waste. This exclusion applies to 90 cubic yards per year of
the F019 sludge. Accordingly, this final rule excludes the petitioned
waste from the requirements of hazardous waste regulations under the
Resource Conservation and Recovery Act (RCRA) when it is disposed in a
Subtitle D Landfill.

DATES: Effective Date: October 9, 2008.

ADDRESSES: The public docket for this final rule is located at the
Environmental Protection Agency Region 6, 1445 Ross Avenue, Dallas,
Texas 75202, and is available for viewing in EPA Freedom of Information
Act review room on the 7th floor from 8 a.m. to 4 p.m., Monday through
Friday, excluding Federal holidays. Call<PHONE_NUMBER> for
appointments. The reference number for this docket is EPA-R06-RCRA-
2008-0418. The public may copy material from any regulatory docket at
no cost for the first 100 pages and at a cost of $0.15 per page for
additional copies.

FOR FURTHER INFORMATION CONTACT: Ben Banipal, Section Chief of the
Corrective Action and Waste Minimization Section, Multimedia Planning
and Permitting Division (6PD-C), Environmental Protection Agency Region
6, 1445 Ross Avenue, Dallas, Texas 75202.
    For technical information concerning this notice, contact Wendy
Jacques, Environmental Protection Agency Region 6, 1445 Ross Avenue,
(6PD-F), Dallas, Texas 75202, at<PHONE_NUMBER>, or
<EMAIL_ADDRESS>
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 action?
    C. What are the limits of this exclusion?
    D. How will Lockheed Martin Aeronautics Company 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 Information and Data
    A. What waste did Lockheed Martin Aeronautics Company petition
EPA to delist?
    B. How much waste did Lockheed Martin Aeronautics Company
propose to delist?
    C. How did Lockheed Martin Aeronautics Company sample and
analyze the waste data in this petition?
IV. Public Comments Received on the proposed exclusion
    Who submitted comments on the proposed rule?
V. Statutory and Executive Order Reviews

I. Overview Information

A. What action is EPA finalizing?

    After evaluating the petition, EPA proposed, on May 19, 2008, to
exclude the wastewater treatment plant sludge from the lists of
hazardous waste under 40 CFR 261.31 and 261.32 (see 70 FR 41358). EPA
is finalizing the decision to grant Lockheed Martin Aeronautics
Company's delisting petition to have its waste water treatment sludge
managed and disposed as non-hazardous waste provided certain
verification and monitoring conditions are met.

B. Why is EPA approving this action?

    Lockheed Martin Aeronautics Company's petition requests a delisting
from the F019 waste listing under 40 CFR 260.20 and 260.22. Lockheed
Martin Aeronautics Company does not

believe that the petitioned waste meets the criteria for which EPA
listed it. Lockheed Martin Aeronautics Company 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. See section 3001(f) of
RCRA, 42 U.S.C. 6921(f), and 40 CFR 260.22 (d)(1)-(4) (hereinafter all
sectional references are to 40 CFR unless otherwise indicated). In
making the final delisting determination, EPA evaluated the petitioned
waste against the listing criteria and factors cited in Sec.
261.11(a)(2) and (a)(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 as
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 final decision to delist waste from
Lockheed Martin Aeronautics Company's facility is based on the
information submitted in support of this rule, including descriptions
of the wastes and analytical data from the Fort Worth, 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 40 CFR part 261, Appendix IX, Table 1
and the conditions contained herein are satisfied.

D. How will Lockheed Martin Aeronautics Company manage the waste if it
is delisted?

    The sludge from Lockheed Martin Aeronautics Company will be
disposed of in a RCRA Subtitle D landfill.

E. When is the final delisting exclusion effective?

    This rule is effective October 9, 2008. The Hazardous and Solid
Waste Amendments of 1984 amended section 3010 of RCRA, 42 U.S.C.
6930(b)(1), allows rules to become effective less than six months after
the rule is published 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 waste. This reduction in existing
requirements also provides 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 states which have
received authorization from EPA to make their own delisting decisions.
    EPA allows states to impose their own non-RCRA regulatory
requirements that are more stringent than EPA's, under section 3009 of
RCRA, 42 U.S.C. 6929. 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, EPA urges 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,
Oklahoma, Georgia, and Illinois) to administer an RCRA 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 unless that state makes the rule part of its
authorized program. If Lockheed Martin Aeronautics Company transports
the petitioned waste to or manages the waste in any state with
delisting authorization, Lockheed Martin Aeronautics Company must
obtain delisting authorization from that state before it can manage the
waste as non-hazardous in the state.

II. Background

A. What is a delisting petition?

    A delisting petition is a request from a generator to EPA, or
another agency with jurisdiction, to exclude or delist from the RCRA
list of hazardous waste, certain wastes the generator believes should
not be considered hazardous under RCRA.

B. What regulations allow facilities to delist a waste?

    Under Sec. Sec.  260.20 and 260.22, facilities may petition EPA to
remove their wastes from hazardous waste regulation 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 40 CFR parts 260
through 265 and 268. Section 260.22 provides generators the opportunity
to petition the Administrator to exclude a waste from a particular
generating facility from the hazardous waste lists.

C. What information must the generator supply?

    Petitioners must provide sufficient information to EPA to allow 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 and that such factors do not
warrant retaining the waste as a hazardous waste.

III. EPA's Evaluation of the Waste Information and Data

A. What waste did Lockheed Martin Aeronautics Company petition EPA to
delist?

    On February 21, 2006, Lockheed Martin Aeronautics Company
petitioned EPA to exclude from the lists of hazardous wastes contained
in Sec.  261.31, sludge (F019) generated from its facility located in
Forth Worth, Texas. The waste falls under the classification of listed
waste pursuant to Sec.  261.31.

B. How much waste did Lockheed Martin Aeronautics Company propose to
delist?

    Specifically, in its petition, Lockheed Martin Aeronautics Company
requested that EPA grant a standard exclusion for 90 cubic yards per
year of sludge resulting from the treatment of waste waters from the
manufacturing processes at its facility.

C. How did Lockheed Martin Aeronautics Company sample and analyze the
waste data in this petition?

    To support its petition, Lockheed Martin Aeronautics Company
submitted:
     Analytical results of the toxicity characteristic leaching
procedure and total constituent analysis for volatile

and semi volatile organics, pesticides, herbicides, dioxins/furans,
PCBs and metals for six sludge samples;
     Analytical results from multiple pH leaching of metals;
and
     Descriptions of the wastewater treatment process.

IV. Public Comments Received on the Proposed Exclusion

Who submitted comments on the proposed rule?

    No comments were received on the Proposed Rule.

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 final 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. Similarly, because this rule will affect only a
particular facility, this final 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 the DRAS program, which considers health
and safety risks to infants and 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 today's action under section 801 because this is a rule of
particular applicability.

Lists of Subjects in 40 CFR Part 261

    Environmental protection, Hazardous waste, Recycling, Reporting and
recordkeeping requirements.

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

    Dated: October 1, 2008.
Bill Luthans,
Acting Director, Multimedia Planning and Permitting Division, Region 6.

0
For the reasons set out in the preamble, 40 CFR part 261 is proposed to
be 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, and 6938.

0
2. In Table 1 of Appendix IX of Part 261 add the following waste stream
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--Waste Excluded From Non-Specific Sources
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               Facility                        Address                          Waste description
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                                                  * * * * * * *
Lockheed Martin Aeronautics Company..  Fort Worth, TX.........  Sludge (EPA Hazardous Waste Number F019)
                                                                 generated at a maximum rate of 90 cubic yards
                                                                 per calendar year after October 9, 2008.
                                                                For the exclusion to be valid, Lockheed Martin
                                                                 Aeronautics Company must implement a
                                                                 verification testing program that meets the
                                                                 following Paragraphs:
                                                                (1) Delisting Levels: All concentrations for
                                                                 those constituents must not exceed the maximum
                                                                 allowable concentrations in mg/l specified in
                                                                 this paragraph.
                                                                Sludge Leachable Concentrations (mg/l):
                                                                 Antimony--8.45; Arsenic--0.657; Barium--100.0;
                                                                 Cadmium--1.00; Chromium--5.0; Chromium,
                                                                 Hexavalent--5.0; Cobalt--1040; Copper--1810;
                                                                 Cyanide--240; Lead--5.0; Mercury--0.20; Nickel--
                                                                 1040; Selenium--1.0; Silver--5.0; Vanadium--
                                                                 51.5; Zinc--15800; Acetone--40600;
                                                                 Acetonitrile--766; Carbon Disulfide--4400;
                                                                 Ethylbenzene--846; Methyl Ethyl Ketone--200.0;
                                                                 Methyl Isobutyl Ketone--3610; Methylene
                                                                 Chloride--6.16; Toluene--1180; Xylenes--745.
                                                                (2) Waste Holding and Handling:

                                                                (A) Waste classification as non-hazardous can
                                                                 not begin until compliance with the limits set
                                                                 in paragraph (1) for sludge has occurred for
                                                                 two consecutive quarterly sampling events.
                                                                (B) If constituent levels in any sample taken by
                                                                 Lockheed Martin Aeronautics Company exceed any
                                                                 of the delisting levels set in paragraph (1)
                                                                 for the sludge, Lockheed Martin Aeronautics
                                                                 Company must do the following:
                                                                (i) notify EPA in accordance with paragraph (6)
                                                                 and
                                                                (ii) manage and dispose the sludge as hazardous
                                                                 waste generated under Subtitle C of RCRA.
                                                                (3) Testing Requirements:
                                                                Upon this exclusion becoming final, Lockheed
                                                                 Martin Aeronautics Company may perform
                                                                 quarterly analytical testing by sampling and
                                                                 analyzing the sludge as follows:
                                                                (A) Quarterly Testing:
                                                                (i) Collect two representative composite samples
                                                                 of the sludge at quarterly 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 sludge must be
                                                                 disposed as hazardous waste in accordance with
                                                                 the applicable hazardous waste requirements.
                                                                (iii) Within thirty (30) days after taking each
                                                                 quarterly sample, Lockheed Martin Aeronautics
                                                                 Company will report its quarterly analytical
                                                                 test data to EPA. If levels of constituents
                                                                 measured in the samples of the sludge do not
                                                                 exceed the levels set forth in paragraph (1) of
                                                                 this exclusion for two consecutive quarters or
                                                                 sampling events, Lockheed Martin Aeronautics
                                                                 Company can manage and dispose the non-
                                                                 hazardous sludge according to all applicable
                                                                 solid waste regulations.
                                                                (B) Annual Testing:
                                                                (i) If Lockheed Martin Aeronautics Company
                                                                 completes the quarterly testing specified in
                                                                 paragraph (3) above and no sample contains a
                                                                 constituent at a level which exceeds the limits
                                                                 set forth in paragraph (1), Lockheed Martin
                                                                 Aeronautics Company may begin annual testing as
                                                                 follows: Lockheed Martin Aeronautics Company
                                                                 must test two representative composite samples
                                                                 of the sludge 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. 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 Lockheed Martin
                                                                 Aeronautics Company sludge are representative
                                                                 for all constituents listed in paragraph (1).
                                                                (iii) The samples for the annual testing taken
                                                                 for the second and subsequent annual testing
                                                                 events shall be taken within the same calendar
                                                                 month as the first annual sample taken.
                                                                (iv) The annual testing report should include
                                                                 the total amount of waste in cubic yards
                                                                 disposed during the calendar year.
                                                                (4) Changes in Operating Conditions: If Lockheed
                                                                 Martin Aeronautics Company 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 (by illustration,
                                                                 but not limitation, changes in equipment or
                                                                 operating conditions of the treatment process),
                                                                 it must notify EPA in writing and it may no
                                                                 longer handle the wastes generated from the new
                                                                 process as non-hazardous until the wastes meet
                                                                 the delisting levels set in paragraph (1) and
                                                                 it has received written approval to do so from
                                                                 EPA.
                                                                Lockheed Martin Aeronautics Company must submit
                                                                 a modification to the petition complete with
                                                                 full sampling and analysis for circumstances
                                                                 where the waste volume changes and/or
                                                                 additional waste codes are added to the waste
                                                                 stream.
                                                                (5) Data Submittals:
                                                                Lockheed Martin Aeronautics Company must submit
                                                                 the information described below. If Lockheed
                                                                 Martin Aeronautics Company 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 (6).
                                                                 Lockheed Martin Aeronautics Company must:
                                                                (A) Submit the data obtained through paragraph
                                                                 (3) to the Chief, Corrective Action and Waste
                                                                 Minimization Section, Multimedia Planning and
                                                                 Permitting Division, U.S. Environmental
                                                                 Protection Agency Region 6, 1445 Ross Ave.,
                                                                 Dallas, Texas, 75202, within the time
                                                                 specified. All supporting data can be submitted
                                                                 on CD-ROM or some 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.''
                                                                (6) Reopener:
                                                                (A) If, anytime after disposal of the delisted
                                                                 waste Lockheed Martin Aeronautics Company
                                                                 possesses or is otherwise made aware of any
                                                                 environmental data (including but not limited
                                                                 to leachate 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 quarterly or annual testing of
                                                                 the waste does not meet the delisting
                                                                 requirements in paragraph 1, Lockheed Martin
                                                                 Aeronautics Company 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 Lockheed Martin Aeronautics Company fails
                                                                 to submit the information described in
                                                                 paragraphs (5), (6)(A) or (6)(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 the date of
                                                                 the Division Director's notice to present such
                                                                 information.
                                                                (E) Following the receipt of information from
                                                                 the facility described in paragraph (6)(D) or
                                                                 (if no information is presented under paragraph
                                                                 (6)(D)) the initial receipt of information
                                                                 described in paragraphs (5), (6)(A) or (6)(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.
                                                                (7) Notification Requirements: Lockheed Martin
                                                                 Aeronautics Company 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) Update one-time written notification, if it
                                                                 ships the delisted waste into a different
                                                                 disposal facility.
                                                                (C) Failure to provide this notification will
                                                                 result in a violation of the delisting variance
                                                                 and a possible revocation of the decision.

                                                  * * * * * * *
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 [FR Doc. E8-24009 Filed 10-8-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: August 11, 2010 (Volume 75, Number 154)]
[Notices]
[Page 48739-48740]
[DOCID:fr11au10-106]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary of Transportation

[DOT Docket No. DOT-OST-2010-0074]

The Future of Aviation Advisory Committee (FAAC) Subcommittee on
Competitiveness and Viability; Notice of Meeting

AGENCY: U.S. Department of Transportation, Office of the Secretary of
Transportation.

ACTION: Notice of Meeting.

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SUMMARY: The Department of Transportation (DOT), Office of the
Secretary of Transportation, announces the third meeting of the FAAC
Subcommittee on Competitiveness and Viability, which will be held in
Chicago, Illinois. This notice provides details on the date, time, and
location of the meeting, which will be open to the public. The purpose
of the FAAC is to provide advice and recommendations to the Secretary
of Transportation to ensure the competitiveness of the U.S. aviation
industry and its capability to manage effectively the evolving
transportation needs, challenges, and opportunities of the global
economy. The Subcommittee on Competitiveness and Viability is charged
with examining changes in the operating and competitive structures of
the U.S. airline industry; considering innovative strategies to open up
new international markets and expand commercial opportunities in
existing markets; investigating strategies to encourage the development
of cost-effective, cutting-edge technologies and equipment that are
critical for a competitive industry coping with increasing economic and
environmental challenges; and examining the adequacy of current Federal
programs to address the availability of intermodal transportation
options and alternatives, small and rural community access to the
aviation transportation system, the role of State and local governments
in contributing to such access, and how the changing competitive
structure of the U.S. airline industry is likely to transform travel
habits of small and rural communities.

DATES: The Subcommittee on Competitiveness and Viability meeting will
be held on August 24, 2010, from 9 a.m. to noon Central Daylight time.

ADDRESSES: The meeting will be held at the corporate headquarters of
United Airlines, 77 West Wacker Drive, Chicago, Illinois 60601.
    Public Access: The meeting is open to the public. (See below for
registration instructions.)
    Public Comments: Persons wishing to offer written comments and
suggestions concerning the activities of the advisory committee or
subcommittee should file comments in the Public Docket (Docket Number
DOT-OST-2010-0074 at http://www.regulations.gov) or alternatively
through e-mail at<EMAIL_ADDRESS>If comments and suggestions are
intended specifically for the Subcommittee on Competitiveness and
Viability, the term ``Competition'' should be listed in the subject
line of the message. To ensure such comments can be considered by the
subcommittee before its August 24th meeting, public comments must be
filed by 5 p.m. Eastern Daylight time Wednesday, August 18, 2010.

SUPPLEMENTARY INFORMATION:

Agenda

    Under section 10(a)(2) of the Federal Advisory Committee Act (5
U.S.C. App. 2), we are giving notice of a meeting of the Subcommittee
on Competitiveness and Viability of the Future of Aviation Advisory
Committee taking place on August 24, 2010, at 9 a.m. Central Daylight
Time, at 77 West Wacker Drive, Chicago, Illinois 60601. The agenda
includes--
    1. Reports from subcommittee members on assigned topics,
    2. Further discussion of issues identified for possible referral to
the full committee on the subject of competitiveness and viability of
the aviation industry, and
    3. Determination as to the issues that will be proposed for
referral to the full committee.

Registration

    The meeting room can accommodate up to 25 members of the public.
Persons desiring to attend must pre-register by August 18, 2010,
through e-mail to<EMAIL_ADDRESS>The term ``Registration: Competition''
should be listed in the subject line of the message, and admission will
be limited to the first 25 persons to pre-register and receive a
confirmation of their pre-registration. No arrangements are being made
for

audio or video transmission or for oral statements or questions from
the public at the meeting. Minutes of the meeting will be taken and
will be made available to the public.

Request for Special Accommodation

    The DOT is committed to providing equal access to this meeting for
all participants. If you need alternative formats or services because
of a disability, please send a request to<EMAIL_ADDRESS>with the term
``Special Accommodations'' listed in the subject line of the message by
close of business Wednesday, August 18, 2010.

FOR FURTHER INFORMATION CONTACT: Todd Homan, Director, Office of
Aviation Analysis, U.S. Department of Transportation; Room 86W-312,
1200 New Jersey Avenue SE., Washington, DC 20590;<PHONE_NUMBER>.

    Issued in Washington, DC, on August 6, 2010.
Pamela Hamilton-Powell,
Designated Federal Official, Future of Aviation Advisory Committee.
[FR Doc. 2010-19757 Filed 8-10-10; 8:45 am]
BILLING CODE P


[Federal Register Volume 85, Number 38 (Wednesday, February 26, 2020)]
[Rules and Regulations]
[Pages 10989-10993]
[FR Doc No: 2020-03022]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R08-OAR-2019-0276; FRL-10004-94-Region 8]

Approval and Promulgation of Implementation Plans; State of Utah;
Salt Lake County, Utah County, and Ogden City PM10 Redesignation to
Attainment, Designation of Areas for Air Quality Planning Purposes and
State Implementation Plan Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving the
State Implementation Plan (SIP) revisions submitted by the State of
Utah on January 4, 2016, which include revisions to Utah's Division of
Administrative Rule (DAR) R307-110-10 and maintenance plans for the
Salt Lake County, Utah County, and Ogden City nonattainment areas
(NAAs) for particulate matter with an aerodynamic diameter less than or
equal to a nominal 10 microns (PM10), and on March 6, 2019,
which include PM10 redesignation requests and supplemental
information

for Salt Lake County, Utah County and Ogden City. These submittals
demonstrated that the Salt Lake County, Utah County and Ogden City
areas have attained the PM10 National Ambient Air Quality
Standards (NAAQS), request redesignation to attainment, and include
maintenance plans for the areas demonstrating attainment for fifteen
years. Also, the EPA is approving Utah's February 27, 2017 submittal,
which includes rule revisions to address our October 19, 2016
conditional approval of Utah's DAR R307-302 revisions that were
submitted May 9, 2013, May 20, 2014 and September 8, 2015.
Additionally, the EPA is approving SIP revisions submitted by the State
of Utah on February 15, 2019, with additional non-substantive changes
submitted on July 1, 2019, August 20, 2019, and October 15, 2019, which
includes revisions that are located in DAR R307-110-17 and SIP
Subsections IX.H.1-2. We are also approving the transportation
conformity motor vehicle emissions budgets (MVEB), for each of the
three maintenance areas, as described in our proposed rule. The EPA is
taking this action pursuant to the Clean Air Act (CAA or the Act).

DATES: This rule is effective on March 27, 2020.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2019-0276. 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 through http://www.regulations.gov, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Crystal Ostigaard, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver,
Colorado, 80202-1129,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.

I. Background

    On November 21, 2019 (84 FR 64245), the EPA proposed to approve the
Governor of Utah's January 4, 2016 submission, that contains revisions
to R307-110-10 (Control Measures for Area and Point Sources, Part A,
Fine Particulate Matter) and the PM10 maintenance plans for
Salt Lake County, Utah County and Ogden City PM10 NAAs. We
also proposed to approve the Governor of Utah's March 6, 2019
submittal, that contains the redesignation requests for the Salt Lake
County, Utah County and Ogden City PM10 NAAs to attainment
for the 1987 p.m.10 standards and provided supplemental
information. We used the 2016-2018 ambient air quality data from Salt
Lake County, Utah County and Ogden City NAAs as the basis for our
decision. In addition, we proposed approval of the emissions
inventories found within the maintenance plans to cover the one element
of the Moderate PM10 nonattainment SIP that was not
suspended with the EPA's January 7, 2013 clean data determination (CDD)
for the Ogden City NAA.
    We also proposed approval of R307-110-17 (Control Measures for Area
and Point Sources, Part H, Emission Limits and Operating Practices) and
revisions for Section IX.H.1 and 2 that were submitted on February 15,
2019, and with non-substantive changes submitted on July 1, 2019,
August 20, 2019 and October 15, 2019. Additionally, we proposed
approval of the revisions in R307-302 (Solid Fuel Burning Devices) for
incorporation into the Utah SIP as submitted by the State of Utah on
May 9, 2013, May 20, 2014, September 8, 2015 and February 27, 2017.

II. Response to Comments

    The EPA received five comments on the proposed action and the
comments can be found in the docket: EPA-R08-OAR-2019-0276. The Center
for Biological Diversity (CBD) and Western Resource Advocates (WRA)
submitted a request to extend the comment period to January 22, 2020.
The EPA carefully reviewed this request and maintained the original
December 23, 2019 deadline for submitting comments. The CBD and WRA did
not submit any additional comments by the December 23, 2019 deadline.
    The other four comments included two anonymous comments in
agreement with the EPA's proposed rule. Another comment was from the
Utah Petroleum Association in agreement with the EPA's proposed rule.
Finally, the last comment was anonymous but only contained a partial
docket number and other random information. The EPA reviewed this
comment and has determined that it falls outside the scope of our
proposed action and fails to identify any material issue necessitating
a response.

III. Final Action

    No comments were submitted that changed our assessment of our
proposed action. For the reasons stated in our proposed rule, we are
finalizing approval of the Governor of Utah's submittal of January 4,
2016, that contains revisions to R307-110-10 and the PM10
maintenance plans for Salt Lake County, Utah County and Ogden City
PM10 NAAs. We are finalizing approval of the Governor of
Utah's submittal of March 6, 2019, that contains the redesignation
requests for the Salt Lake County, Utah County and Ogden City
PM10 NAAs to attainment for the 1987 p.m.10
standards and provided supplemental information. We used the 2016-2018
ambient air quality data from Salt Lake County, Utah County and Ogden
City NAAs as the basis for our decision. In addition, we are finalizing
approval of the emissions inventories found within the maintenance
plans to cover the one element of the Moderate PM10
nonattainment SIP that was not suspended with the CDD for the Ogden
City NAA.
    We are finalizing this redesignation request, the maintenance
plans, and R307-110-10 revisions because the Utah Division of Air
Quality (UDAQ) has adequately addressed all of the requirements of the
Act for redesignation to attainment applicable to the Salt Lake County,
Utah County and Ogden City PM10 NAAs. Upon the effective
date of this final rule, the Salt Lake County, Utah County and Ogden
City areas designation status under 40 CFR part 81 will be revised to
attainment.
    We are also finalizing approval of R307-110-17 and revisions for
Section IX.H.1 and 2 that were submitted on February 15, 2019, and with
non-substantive changes submitted on July 1, 2019, August 20, 2019 and
on October 15, 2019. Additionally, we are finalizing approval of the
revisions in R307-302 for incorporation into the Utah SIP as submitted
by the State of Utah on May 9, 2013, May 20, 2014, September 8, 2015
and February 27, 2017. This final rule will complete the EPA's October
19, 2016 (81 FR 71988) conditional approval action on the May 9, 2013,
May 20, 2014 and September 8, 2015 submittals for R307-302 from UDAQ.
We are also approving the transportation conformity MVEBs, for each of
the three maintenance areas, as described in our proposed rule.

IV. Incorporation by Reference

    In this document, the EPA is finalizing regulatory text that
includes

incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of R307-110-
10; R307-110-17; R307-302; Section IX.H.1 and 2; maintenance plans for
Salt Lake County, Utah County and Ogden City PM10 NAAs; and
the Governor of Utah's redesignation requests for Salt Lake County,
Utah County and Ogden City PM10 NAAs to attainment. The EPA
has made, and will continue to make, these materials generally
available through www.regulations.gov and at the EPA Region 8 Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information). Therefore,
these materials have been approved by the EPA for inclusion in the SIP,
have been incorporated by reference by the EPA into that plan, are
fully federally enforceable under sections 110 and 113 of the CAA as of
the effective date of the final rulemaking of the EPA's approval, and
will be incorporated by reference in the next update to the SIP
compilation.\1\
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, described in the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 27, 2020. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2)).

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Greenhouse gases, Incorporation by reference, Intergovernmental
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides, Volatile organic
compounds.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks,
Wilderness areas.

    Dated: February 10, 2020.
Gregory Sopkin,
Regional Administrator, Region 8.

    40 CFR parts 52 and 81 are amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart TT--Utah

0
2. In Sec.  52.2320:
0
a. In the table in paragraph (c):
0
i. Revise the entries ``R307-110-10'' and ``R307-110-17''.
0
ii. Revise the center heading for ``R307-302'' and entries ``R307-302-
01'', ``R307-302-02'', ``R307-302-03'', ``R307-302-04'', ``R307-302-
05'', and ``R307-302-06''.
0
b. In the table in paragraph (e):
0
i. Revise the entries ``Section IX.H.1. General Requirements: Control
Measures for Area and Point Sources, Emission Limits and Operating
Practices, PM10 Requirements'' and ``Section IX.H.2. Source
Specific Emission Limitations in Salt Lake County PM10
Nonattainment/Maintenance Area''.
0
ii. Remove the entries for ``Salt Lake County Particulate Matter
(PM-10) Attainment Plan Summary'' and ``Utah County
Particulate Matter (PM-10) Attainment Plan Summary'' and add
in their places the entries ``Salt Lake County Particulate Matter
(PM10) Attainment Plan Summary'' and ``Utah County
Particulate Matter (PM10) Attainment Plan Summary'',
respectively.

0
iii. Add the entry ``Ogden City Particulate Matter (PM10)
Attainment Plan Summary'' at the end of the table.
    The revisions and additions read as follows:

Sec.  52.2320  Identification of plan.

* * * * *
    (c) * * *

----------------------------------------------------------------------------------------------------------------
                                                         State       Final rule citation,
          Rule No.                 Rule title       effective date           date                 Comments
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                            R307-110. General Requirements: State Implementation Plan
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
R307-110-10................  Section IX. Control         12/3/2015  [insert Federal
                              Measures for Area                      Register citation],
                              and Point Sources,                     2/26/2020.
                              Part A, Fine
                              Particulate Matter.

                                                  * * * * * * *
R307-110-17................  Section IX, Control          1/3/2019  [insert Federal        Except for Section
                              Measures for Area                      Register citation],    IX.H.21.e. which is
                              and Point Sources,                     2/26/2020.             conditionally
                              Part H, Emission                                              approved through one
                              Limits.                                                       year 7/5/16,
                                                                                IX.H.21.g., Sections
                                                                                of IX.H.21 that
                                                                                reference and apply
                                                                                to the source
                                                                                specific emission
                                                                                limitations
                                                                                disapproved in
                                                                                Section IX.H.22, and
                                                                                Sections
                                                                                IX.H.22.a.ii-iii,
                                                                                IX.H.22.b.ii, and
                                                                                IX.H.22.c.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                      R307-302. Solid Fuel Burning Devices
----------------------------------------------------------------------------------------------------------------
R307-302-1.................  Purpose and                  2/1/2017  [insert Federal
                              Definitions.                           Register citation],
                                                                     2/26/2020.
R307-302-2.................  Applicability........        2/1/2017  [insert Federal
                                                                     Register citation],
                                                                     2/26/2020.
R307-302-3.................  No-Burn Periods for          2/1/2017  [insert Federal
                              Particulates.                          Register citation],
                                                                     2/26/2020.
R307-302-4.................  No-Burn Periods for          2/1/2017  [insert Federal
                              Carbon Monoxide.                       Register citation],
                                                                     2/26/2020.
R307-302-5.................  Opacity and                  2/1/2017  [insert Federal
                              Prohibited Fuels for                   Register citation],
                              Heating Appliances.                    2/26/2020.
R307-302-6.................  Prohibition..........        2/1/2017  [insert Federal
                                                                     Register citation],
                                                                     2/26/2020.

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

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
                                           State
             Rule title               effective date    Final rule citation, date             Comments
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                 IX. Control Measures for Area and Point Sources
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Section IX.H.1. General                     1/3/2019  [insert Federal Register
 Requirements: Control Measures for                    citation], 2/26/2020.
 Area and Point Sources, Emission
 Limits and Operating Practices,
 PM10 Requirements.
Section IX.H.2. Source Specific             1/3/2019  [insert Federal Register
 Emission Limitations in Salt Lake                     citation], 2/26/2020.
 County PM10 Nonattainment/
 Maintenance Area.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                Maintenance Plans
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Salt Lake County Particulate Matter        12/3/2015  [insert Federal Register
 (PM10) Attainment Plan Summary.                       citation], 2/26/2020.
Utah County Particulate Matter             12/3/2015  [insert Federal Register
 (PM10) Attainment Plan Summary.                       citation], 2/26/2020.
Ogden City Particulate Matter (PM10)       12/3/2015  [insert Federal Register
 Attainment Plan Summary.                              citation], 2/26/2020.
----------------------------------------------------------------------------------------------------------------

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
3. The authority citation for part 81 continues to read as follows:

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

Subpart C--Section 107 Attainment Status Designations

0
4. In Sec.  81.345, the table titled ``UTAH--PM-10'' is amended by
revising the entries ``Salt Lake County'', ``Utah County'', and ``Ogden
Area Weber County (part) City of Ogden'' to read as follows:

Sec.  81.345  Utah.

* * * * *

UTAH--PM-10

----------------------------------------------------------------------------------------------------------------
                                               Designation                            Classification
        Designated area         --------------------------------------------------------------------------------
                                      Date                 Type                Date                Type
----------------------------------------------------------------------------------------------------------------
Salt Lake County...............       3/27/2020  Attainment.............
Utah County....................       3/27/2020  Attainment.............
Ogden Area Weber County (part)        3/27/2020  Attainment.............
 City of Ogden.

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

* * * * *
[FR Doc. 2020-03022 Filed 2-25-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 122 (Monday, June 25, 2012)]
[Notices]
[Pages 37942-37944]
[FR Doc No: 2012-15378]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67213; File No. SR-NYSEARCA-2012-61]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend NYSE Arca
Rule 2.23 To Prescribe The Registered Proprietary Traders Examination
(Series 56) As the Qualifying Examination for Registered Market Makers,
Market Maker Authorized Traders, and Floor Brokers

June 19, 2012.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on June 13, 2012, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Exchange filed the proposal as a ``non-
controversial'' proposed rule change pursuant to Section
19(b)(3)(A)(iii) \4\ of the Act and Rule 19b-4(f)(6) thereunder,\5\
which renders the proposal effective upon receipt of this filing by the
Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
    \4\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \5\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    The Exchange proposes to amend NYSE Arca Rule 2.23 to prescribe the
Registered Proprietary Traders Examination (Series 56) (the ``Series 56
Examination'') as the qualifying examination for registered Market
Makers, Market Maker Authorized Traders (``MMAT's''), and Floor
Brokers. The text of the proposed rule change is available on the
Exchange's Web site at www.nyse.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend NYSE Arca Rule 2.23 to prescribe the
Series 56 Examination as the qualifying examination for registered
Market Makers, MMATs, and Floor Brokers.
    NYSE Arca Rule 2.23 currently specifies that the successful
completion of the Series 44 examination and an orientation program for
such examination is required in order to register as a Market Maker or
a MMAT.

The Exchange proposes to change the prescribed examination for Market
Makers and MMATs to the Series 56 Examination. In addition, NYSE Arca
Rule 2.23 currently specifies that Floor Brokers must successfully
complete the Series 45 within five years of the application date for an
OTP and have been an OTP Holder within six months of the application
date for an OTP. The Exchange proposes to change the prescribed
examination for Floor Brokers to the Series 56 Examination and replace
the other requirements of the rule with the successful completion of an
orientation program. The requirement to participate in an orientation
program is consistent with registration requirements for Market Makers
on NYSE Arca.
    The Series 56 Examination was developed by a committee comprised of
industry representatives, Exchange staff and staff from other SROs. The
Series 56 examination tests a candidate's knowledge of proprietary
trading generally and the industry rules applicable to trading of
equity securities and listed options contracts. The Series 56
examination covers, among other things, recordkeeping and recording
requirements; types and characteristics of securities and investments;
trading practices; and display, execution, and trading systems.\6\ As
such the Exchange believes that an applicant who has passed the Series
56 is proven to be qualified to act in the capacity of a Market Maker,
Floor Broker and/or MMAT on NYSE Arca.
---------------------------------------------------------------------------

    \6\ The Exchange previously submitted detailed content outline
for the Series 56 to the Commission. See Securities Exchange Act
Release No. 66483 (February 28, 2012), 77 FR 13168 (March 5, 2012)
(SR-NYSEArca-2012-16).
---------------------------------------------------------------------------

    While NYSE Arca will no longer be offering the Series 44 or Series
45 as qualifying exams to new applicants, the Exchange will continue to
recognize any individual who has passed one of those exams as having
successfully completed a qualifying exam. An individual presently
registered as a Market Maker, MMAT or Floor Broker on NYSE Arca, who
has previously passed a qualifying exam as prescribed by the Exchange,
will not be required to take the Series 56 as a condition of their
continued registration.
    Following effectiveness of the proposed rule change, the Exchange
will issue a Regulatory Bulletin announcing the implementation date
within 30 days from the operative date of the rule change.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) \7\ of the Securities Exchange Act of 1934 (``Act'') in general,
and furthers the objectives of (1) Section 6(c)(3)(B) \8\ of the Act,
pursuant to which a national securities exchange prescribes standards
of training, experience and competence for members and their associated
persons; and (2) Section 6(b)(5) of the Act,\9\ in that it is designed,
among other things, to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general, to protect investors and the
public interest. The Exchange believes that prescribing the Series 56
Examination for Market Makers, MMATs, and Floor Brokers is appropriate
because the Series 56 Examination addresses industry topics that
establish the foundation for the regulatory and procedural knowledge
necessary for individuals required to register as Market Makers, MMATs,
and Floor Brokers. In addition, the Series 56 Examination is shared by
other exchanges and has become the industry standard.\10\ Accordingly,
adopting the Series 56 Examination will help to promote consistency in
examination requirements and uniformity across markets.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(c)(3)(B).
    \9\ 15 U.S.C. 78f(b)(5).
    \10\ See Securities Exchange Act Release No. 64699 (June 17,
2011), 76 FR 36945 (June 23, 2011) (SR-CBOE-2011-056). See
Securities Exchange Act Release No. 65054 (August 8, 2011), 76 FR
50277 (August 12, 2011) (SR-ISE-2011-36).
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    The Exchange also believes it is appropriate to adopt an
orientation program for Floor Brokers so that Floor Broker requirements
will be more closely aligned with those of Market Makers and MMATs. The
Exchange will continue to educate its OTP Holders regarding the
requirements that are unique to the Exchange through its orientation
programs to ensure that all OTP Holders will continue to be properly
registered, trained, and qualified to perform their functions, which
will protect investors and the public interest.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

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

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \11\ and Rule 19b-4(f)(6) thereunder.\12\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
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    \11\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \12\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under Rule 19b-4(f)(6) \13\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b4(f)(6)(iii),\14\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative upon filing.
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    \13\ 17 CFR 240.19b-4(f)(6).
    \14\ 17 CFR 240.19b-4(f)(6)(iii).
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    The Commission believes it is consistent with the protection of
investors and the public interest to waive the 30-day operative
delay.\15\ Waiver of the 30-day operative delay will enable an
associated person of an OTP Firm to qualify as a Market Maker, MMAT or
Floor Broker on NYSE Arca by passing the Series 56 exam, which is
shared by the other options exchanges. In addition, requiring Floor
Brokers to participate in an orientation program will make the
requirements for Floor Brokers more similar to the requirements for
Market Makers and MMATs. The Commission hereby waives the operative
delay making the filing effective and operative upon filing.
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    \15\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition and capital formation. See 15 U.S.C. 78c(f).

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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEARCA-2012-61 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEARCA-2012-61. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room. Copies of the
filing will also be available for inspection and copying at the NYSE's
principal office and on its Internet Web site at www.nyse.com. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEARCA-2012-61 and should
be submitted on or before July 16, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-15378 Filed 6-22-12; 8:45 am]
BILLING CODE 8011-01-P