[Federal Register Volume 79, Number 133 (Friday, July 11, 2014)]
[Notices]
[Pages 40183-40188]
[FR Doc No: 2014-16191]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72548; File No. SR-NYSE-2014-32]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing of Proposed Rule Change Amending Rule 13 to Make the
Add Liquidity Only Modifier Available for Additional Limit Orders and
Make the Day Time-In-Force Condition Available for Intermarket Sweep
Orders

July 7, 2014.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that on June 27, 2014, New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend NYSE Rule 13 to make the Add
Liquidity Only (``ALO'') modifier

available for additional limit orders and make the day time-in-force
condition available for Intermarket Sweep Orders (``ISO''). 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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange is proposing to amend NYSE Rule 13 to make the ALO
modifier available for additional limit orders and make the day time-
in-force condition available for ISOs.
ALO Modifier
    The Exchange currently offers an ALO modifier for MPL Orders, which
are undisplayed limit orders that execute at the mid-point of the
protected best bid or offer (``PBBO'').\4\ Pursuant to paragraph (e)
governing MPL Orders in Rule 13, an MPL-ALO Order will not execute upon
arrival, even if marketable. The Exchange proposes to amend Rule 13 to
make the ALO modifier available for day limit orders. The Exchange
notes that all other equity exchanges already make available add-
liquidity-only functionality for limit orders.\5\
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    \4\ See Rule 13 (Mid-Point Passive Liquidity (MPL) Order).
    \5\ See BATS Exchange, Inc. (``BATS'') Rule 11.9(c)(6) (``BATS
Post Only Order''); BATS Y-Exchange, Inc. (``BATS-Y'') Rule
11.9(c)(6) (``BATS Post Only Order''); Chicago Stock Exchange, Inc.
(``CHX'') Article 20, Rule 4(b)(18) (``Post Only''); EDGA Exchange,
Inc. (``EDGA'') Rule 11.5(c)(5) (``Post Only Order''); EDGX
Exchange, Inc. (``EDGX'') Rule 11.5(c)(5) (``Post Only Order'');
NASDAQ Stock Market LLC (``Nasdaq'') Rule 4751(f)(10) (``Post-Only
Orders''); NASDAQ OMX BX LLC (``Nasdaq OMX BX'') Rule 4751(f)(10)
(``Post-Only Orders''); NASDAQ OMX PHLX LLC (``Nasdaq OMX PSX'')
Rule 3301(f)(11) (``Post-Only Orders''); and NYSE Arca Equities,
Inc. (``NYSE Arca Equities'') Rule 7.31(nn).
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    To effect this change, the Exchange proposes to adopt a definition
of ALO Modifier in Rule 13. Proposed paragraph (a) of this new
definition would describe how an ALO Modifier impacts an order to which
it is appended, which is the same functionality as the ALO modifier
currently available for MPL Orders. Specifically, an order designated
ALO does not route and will not remove liquidity from the Exchange's
book. Proposed paragraph (a) of the new definition would also state
that ALO modifiers are available for MPL Orders, as they are today, and
for day limit orders.\6\ Because the behavior of MPL-ALO Orders is
currently described in paragraph (e) for MPL Orders in Rule 13, the
Exchange further proposes to cross-reference that rule text in the new
definition for ALO Modifiers. Accordingly, the remainder of the
proposed definition for ALO Modifier would describe the behavior of
limit orders designated ALO.
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    \6\ Pursuant to Rule 13, a ``Limit, Limited Order, or Limited
Price Order'' means an order to buy or sell a stated amount of a
security at a specified price, or at a better price, if obtainable
and a ``Day Order'' means an order to buy or sell which, if not
executed, expires at the end of the 9:30 a.m. to 4:00 p.m. trading
session on the day on which it was entered.
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    The Exchange further proposes in new paragraph (a) of the new
definition that limit orders designated ALO would be eligible to
participate in the open or close, which would include Limit on Open or
Limit on Close Orders, but that the ALO designation would be ignored.
The Exchange's opening and closing transactions are single-priced
auction transactions and the Exchange does not consider either side of
the transaction to be either a ``provider'' or a ``taker.''
Accordingly, an ALO modifier is moot for the open or close. In order to
enable as much interest as possible to participate in the open or
close, the Exchange proposes to include any limit orders designated ALO
in these auctions, but to ignore the ALO designation.
    To promote the display of liquidity, the Exchange further proposes
that a limit order designated ALO must be entered with a minimum of one
displayable round lot. Accordingly, the ALO Modifier would be available
for Minimum Display Reserve Orders (Rule 13) and Minimum Display
Reserve e-Quotes (Rule 70(f)(1)). The Exchange would reject incoming
limit orders designated ALO that do not meet the minimum display
requirement, including odd-lot sized orders designated ALO.
    The Exchange proposes to specify in paragraph (c) to the new rule
text that the following interest may not be designated ALO: (1) DMM
interest entered via the Capital Commitment Schedule pursuant to Rule
1000; (2) d-Quotes, as defined in Rule 70.25; (3) Sell ``Plus''-Buy
``Minus'' Orders as defined in Rule 13; (4) Non-Display Reserve Orders,
as defined in Rule 13, or Non-Display Reserve e-Quotes, as defined in
Rule 70(f)(ii); (5) Retail Orders or Retail Price Improvement Orders,
as defined in Rule 107C; or (6) High-priced securities, as defined in
Rule 1000(a)(vi).
    To assure that a limit order designated ALO meets its goal to be
available on the Exchange's book to add liquidity to arriving orders,
the Exchange proposes to re-price a limit order designated ALO that
upon arrival would be marketable against Exchange interest or would
lock or cross a protected quotation in violation of Rule 610(d) of
Regulation NMS.\7\ Accordingly, the Exchange proposes to specify in
paragraph (b) to the rule text for ALO Modifiers that if, at the time
of entry, a limit order designated ALO is marketable against Exchange
interest or would lock or cross a protected quotation in violation of
Rule 610(d) of Regulation NMS, the order would be re-priced and
displayed one minimum price variation, as defined in supplementary
material .10 to Rule 62, below the best-priced sell interest (for bids)
or above the best-priced buy interest (for offers). The Exchange notes
that re-pricing a limit order designated ALO so that it would not
execute against resting Exchange interest or lock or cross a protected
quotation is consistent with how other equities markets currently
operate.\8\
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    \7\ 17 CFR 242.610(d).
    \8\ See BATS Rules 11.9(c)(6) and 11.9(g)(2)(D); BATS-Y Rules
11.9(c)(6) and 11.9(g)(2)(D); CHX Article 20, Rule 4(b)(25 (``CHX
Only''); EDGA Rule 11.5(c)(5); EDGX Rule 11.5(c)(5); Nasdaq Rule
4751(f)(10); and NYSE Arca Equities Rule 7.31(mm) (PNP Blind order
combined with an ALO order).
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    The Exchange proposes to use the term ``Exchange interest'' in the
proposed rule text in order to include both displayed interest and non-
displayed interest (i.e., Non-Displayed Reserve Orders or odd-lot sized
orders), which may be priced better than the displayed quote. In
addition, the Exchange proposes to add new Supplementary Material .10
to Rule 13 to define new terms to capture the best price among Exchange
displayed and non-displayed interest and the best away protected quote.
As proposed, the term ``best-priced sell interest'' would refer to the
lowest-priced sell interest against which incoming buy interest

would be required to execute with and/or route to, including Exchange
displayed offers, Non-Display Reserve Orders, Non-Display Reserve e-
Quotes, odd-lot sized sell interest, and protected offers on away
markets, but would not include non-displayed interest that is priced
based on the PBBO, such as MPL Orders or Retail Price Improvement
Orders (``RPI''). The term ``best-priced buy interest'' would refer to
the highest-priced buy interest against which incoming sell interest
would be required to execute with and/or route to, including Exchange
displayed bids, Non-Display Reserve Orders, Non-Display Reserve e-
Quotes, odd-lot sized buy interest, and protected bids on away markets,
but would not include non-displayed interest that is priced based on
the PBBO, such as MPL Orders or RPIs. The Exchange believes it is
appropriate to exclude MPL Orders from the definition of best-priced
sell/buy interest because the price at which an MPL Order is eligible
to execute changes as the PBBO moves.
    As further proposed, if the best-priced sell interest is re-priced
higher, an order to buy designated ALO would be re-priced and re-
displayed higher, up to its limit price. If the best-priced buy
interest is re-priced lower, an order to sell designated ALO would be
re-priced and re-displayed lower, down to its limit price. The Exchange
believes that re-pricing and re-displaying limit orders designated ALO
each time the best-priced sell interest is priced higher (for bids) or
the best-priced buy interest is priced lower (for offers) would ensure
that the order is displayed at its most aggressive price without
requiring the order to either take liquidity or lock or cross a
protected quotation.
    In addition, as proposed, a limit order designated ALO would not be
re-priced if it is displayed at its limit price or if the best-priced
sell interest moves down in price (for limit orders to buy designated
ALO) or if the best-priced buy interest moves up in price (for limit
orders to sell designated ALO). Once an order reaches its limit price,
the Exchange would no longer need to re-price it. The Exchange also
would not need to re-price a limit order designated ALO if the best-
priced sell interest moves down (for bids) or the best-priced buy
interest moves up (for offers) because in such scenario, the limit
order designated ALO would have been displayed first at that price and
the opposite-side bid or offer would be required to execute with or
route to the resting limit order designated ALO.
    For example, assume the Exchange best bid and offer (``BBO'') in
XYZ is 10.05 x 10.11, the PBBO is 10.05 x 10.09, and the Exchange has a
non-displayed odd-lot sell order priced at 10.07. In this scenario, the
best-priced sell interest, as defined in new supplementary material .10
to Rule 13, would be 10.07. Accordingly, if the Exchange were to
receive a limit order to buy designated ALO at 10.12 (``Order A''), the
Exchange would re-price and display Order A at $10.06, which is one MPV
below the 10.07 best-priced sell interest.
    Assume now that the resting odd-lot order to sell on the Exchange
is either executed or cancelled, but the Exchange best offer and PBO
does not change. Because the new best-priced sell interest is the away-
market PBO of 10.09, Order A would re-price and re-display to 10.08,
which is one MPV below the updated best-priced sell interest.
    Assume further that the market updates so that both the Exchange's
BBO and the PBBO update to 10.08-10.14 and there is no undisplayed
interest to sell at the Exchange. Order A would be re-priced and re-
displayed at its limit price of 10.12. At this point, because it has
been displayed at its limit price, Order A would not be subject to any
further re-pricing. If the Exchange were to receive incoming sell
interest marketable against Order A, Order A would be available
liquidity to execute against that incoming sell interest.
    As further proposed, a limit order designated ALO would receive a
new time stamp each time it is re-priced and re-displayed. The Exchange
believes that providing a new time stamp each time a limit order
designated ALO is re-priced and re-displayed is consistent with current
Exchange rules that provide that an order that is modified to change
the price of the order shall receive a new time stamp.\9\
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    \9\ See Rule 72(xii).
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    As noted above, limit orders designated ALO would not be priced
based on resting opposite-side MPL Orders, which are triggered to trade
at the midpoint of the PBBO by arriving interest. To assure that limit
orders designated ALO would not trigger an opposite-side MPL Order to
trade, the Exchange proposes to add new paragraph (d) governing ALO
Modifiers in Rule 13 to specify that a limit order designated ALO would
not trigger a contra-side MPL Order to trade. The Exchange proposes to
make a conforming change to paragraph (a) governing MPL Orders in Rule
13 to specify that an incoming limit order designated ALO would not
interact with an MPL Order.
    For example, assume the Exchange BBO and PBBO in XYZ is 10.05-10.09
and there is a sell MPL Order eligible to execute at the midpoint of
the PBBO, which would be 10.07. Assume further that the Exchange also
has a Non-Display Reserve Order to sell priced at 10.08. In this
scenario, an incoming buy order designated ALO priced at 10.11 (``Order
B'') would re-price and display one MPV below the best-priced sell
interest, which is 10.08. Accordingly, Order B would display at 10.07.
Although the new 10.07 bid is at the same price that the resting MPL
Order could have executed when the PBBO was 10.05 x 10.09, because the
new bid updates the PBBO to 10.07 x 10.09, the MPL Order is now
eligible to execute at 10.08 and no longer at 10.07.
    Because pegging interest may be designated ALO, the Exchange
proposes to amend the rules governing pegging interest in Rule 13 to
take into consideration how an ALO Modifier would function with pegging
interest. As proposed in paragraph (c) governing pegging interest in
Rule 13, pegging interest to buy (sell) that is designated ALO would
not peg to a price that would result in its executing before displaying
and shall instead peg one minimum price variation below (above) the
undisplayed Exchange sell (buy) interest against which it would have
otherwise executed. For example, assume the Exchange BBO is 10.05 x
10.10 and the PBBO is 10.08 x 10.10 and the Exchange has sell odd-lot
interest priced at 10.08. Assume further incoming pegging interest to
buy designated ALO with a limit of 10.10 arrives (``Order C''). If
Order C were not designated ALO, it would peg to the PBB of 10.08 and
execute against the resting odd-lot interest, and any remainder would
be displayed at 10.08. As proposed, with the ALO designation, to assure
that Order C would not execute on arrival, it would peg to a price one
MPV below the 10.08 odd-lot sell interest and display at 10.07.
Day Time-in-Force Designation for ISOs
    An ISO is currently defined in Rule 13 as a limit order designated
for automatic execution that meets the following requirements: (i) It
is identified as an ISO in the manner prescribed by the Exchange; and
(ii) simultaneously with the routing of an ISO to the Exchange, one or
more additional limit orders, as necessary, are routed to execute
against the full displayed size of any protected bid, in the case of a
limit order to sell, or the full displayed size of any protected offer,
in the case of a limit order to buy and these additional orders are
identified as ISOs. This definition is based on the definition of an
ISO set

forth in Regulation NMS Rule 600(b)(30),\10\ and is consistent with
similar provisions on other exchanges.\11\
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    \10\ 17 CFR 242.600(b)(30).
    \11\ See BATS Rule 11.9(d); BATS-Y Rule 11.9(d); CHX Article 20,
Rule 4(b)(1) and (15); EDGA Rule 11.5(d); EDGX Rule 11.5(d); Nasdaq
Rule 4751(f)(6); Nasdaq OMX BX Rule 4751(f)(6); Nasdaq OMX PSX Rule
3301(f)(6); and NYSE Arca Equities Rule 7.31(jj).
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    Currently, the Exchange immediately and automatically executes an
ISO upon arrival and the portion not so executed will be immediately
and automatically cancelled.\12\ Accordingly, the Exchange treats all
ISOs with an immediate-or-cancel time-in-force condition.
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    \12\ See paragraph (b) governing ISOs in Rule 13.
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    Other equities exchanges do not limit their ISOs to an immediate-
or-cancel time-in-force condition.\13\ Accordingly, the Exchange
proposes to amend Rule 13 governing ISOs to make available an ISO Order
with a day time-in-force condition. As proposed, an ISO designated day
(``Day ISO''), if marketable upon arrival, would be immediately and
automatically executed against the displayed bid (offer) up to its full
size in accordance with and to the extent provided by Exchange Rules
1000-1004 and would then sweep the Display Book,[supreg] as provided in
Rule 1000(d)(iii). This proposed rule text is consistent with current
paragraph (b) governing ISOs in Rule 13.
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    \13\ The rules of Nasdaq, BATS, BATS-Y, EDGA, and EDGX do not
expressly provide that their versions of ISOs can be day, however,
nor do their rules prohibit this functionality. In practice, Nasdaq,
BATS, BATS-Y EDGA, and EDGX all accept ISOs with a day time-in-force
condition. In addition, NYSE Arca Equities expressly permits an ISO
with a day time-in-force condition, which is entered as a Post No
Preference (``PNP'') Order. See, e.g., NYSE Arca Equities Rule
7.31(w) (PNP Order designated ISO does not route and may lock and
cross and trade through protected quotations). See also Securities
Exchange Act Release No. 34-54549 (Sept. 29, 2006), 71 FR 59179
(Oct. 6, 2006) (SR-NYSEArca-2006-59) (Order approving NYSE Arca
Equities' proposal to adopt ISO PNP Orders, which post to NYSE's
Arca book and may lock or cross protected quotations). See also CHX
Article 20, Rules 4(b)(1) and (23).
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    The Exchange further proposes to provide that the remaining
unexecuted portion of a Day ISO would be posted to the Exchange's book
at its limit price and may lock or cross a protected quotation that was
displayed at the time of arrival of the Day ISO. The Exchange believes
this proposed rule text is consistent with Regulation NMS and the rules
of other exchanges because the member organization that sent the Day
ISO to the Exchange has an existing obligation (pursuant to paragraph
(a)(ii) governing ISOs in Rule 13) to simultaneously route ISOs to
trade with the full size of protected quotations on other markets.\14\
Accordingly, the Exchange would consider any protected quotes that
existed at the time of arrival of the Day ISO as cleared when it posts
any remainder of a Day ISO to the Exchange's book.\15\
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    \14\ See supra n. 11.
    \15\ See supra n. 13.
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    The Exchange further proposes that a Day ISO must be entered with a
minimum of one displayable round lot. Accordingly, similar to the
proposed ALO Modifier for limit orders, Day ISOs would be available for
Minimum Display Reserve Orders and Minimum Display Reserve e-Quotes.
The Exchange also proposes that a Day ISO may also be designated ALO.
    Because Day ISOs would not route, which is similar to the proposed
ALO Modifier functionality, the Exchange proposes to re-price and re-
display resting Day ISOs in a manner consistent with the proposed re-
pricing and re-displaying functionality described above for limit
orders designated ALO. As proposed, if, after posting, a Day ISO would
lock or cross a protected quotation, the Exchange would re-price and
re-display the order consistent with proposed paragraph (b) for ALO
Modifiers in Rule 13. Accordingly, any such re-pricing would be based
on the best-priced sell interest (for bids) or best-priced buy interest
(for offers), as proposed in new Supplementary Material .10 to Rule 13.
    The Exchange further proposes that a Day ISO designated ALO that is
marketable upon arrival would follow a combination of both the Day ISO
and ALO rules. Specifically, the Day ISO element of this order would be
permitted to trade through away market protected quotations on arrival
and lock or cross a protected quotation. In addition, the ALO element
would require that this order not result in taking liquidity.
Accordingly, the Exchange proposes that if a Day ISO designated ALO is
marketable against Exchange interest on arrival, it would be re-priced
and displayed one minimum price variation, as defined in supplementary
material .10 to Rule 62, below the Exchange's best-priced displayed or
non-displayed non-MPL Order sell interest (for bids) or above the best-
priced Exchange displayed or non-displayed non-MPL Order buy interest
(for offers). Any re-pricing and display on arrival would ignore away-
market protected quotations. As further proposed, once a Day ISO
designated ALO has been posted to the Exchange's book, to assure that
any subsequent re-pricing and re-displaying of a Day ISO designated ALO
does not lock or cross a protected quotation, the Exchange proposes to
follow the re-pricing rule set forth in proposed paragraph (b) for ALO
Modifiers in this Rule. Therefore, any subsequent re-pricing would be
based on the best-priced sell interest (for bids) or best-priced buy
interest (for offers), as proposed in new Supplementary Material .10 to
Rule 13.
    For example, assume the BBO in XYZ is 10.05 x 10.11, the PBBO is
10.05 x 10.09, and the Exchange has a resting odd-lot order to sell
priced at 10.07. In this scenario, the best-priced sell interest, as
defined in new supplementary material .10 to Rule 13, would be 10.07.
If the Exchange were to receive a Day ISO to buy at 10.12 (``Order
D''), the Exchange would execute Order D against the resting odd-lot
order to sell at 10.07, ignore the best protected offer of 10.09, and
execute against the Exchange's best offer of 10.11. If there were any
remaining quantity of Order D, it would post at 10.12. Although this
10.12 bid would cross the 10.09 PBO, the Exchange would consider that
10.09 PBO cleared pursuant to the existing obligation for the entering
firm to have sent an ISO to trade with the full size of that PBO
simultaneous with entering Order D at the Exchange.
    Assume instead that the Day ISO to buy at 10.12 is also designated
ALO (``Order E''). In this scenario, upon arrival, Order E would be re-
priced and displayed at 10.06, which is one MPV below the Exchange's
best priced non-displayed interest. Assume instead that the Exchange
receives a Day ISO designated ALO to buy at 10.12 (``Order F''), but
that when Order F arrives, the BBO is 10.05 x 10.11, the PBBO is 10.05
x 10.09, and the Exchange has no non-displayed sell interest. In this
scenario, the Exchange would ignore the 10.09 PBO and Order F would be
re-priced and displayed at 10.10, which is one MPV below the Exchange's
best-priced displayed offer of 10.11. Assume the market updates and the
BBO becomes 10.10 x 10.14 and the PBBO is 10.10 x 10.12. Order F would
re-price and re-display one MPV below the best-priced sell interest,
which here would be the 10.12 PBO. Accordingly, Order F would re-price
and re-display at 10.11.
    The Exchange also proposes to add new paragraph (e) governing ISOs
in Rule 13 to specify that IOC ISOs and Day ISOs are not available for
Sell ``Plus''--Buy ``Minus'' Orders or Non-Display Reserve Orders or
Non-Display Reserve e-Quotes, and that IOC ISOs are not available for
high-priced securities, as defined in Rule 1000(a)(vi).
    Finally, the Exchange proposes non-substantive changes to paragraph
(a)

defining ISOs to provide more detail regarding the current operation of
ISOs, consistent with existing NYSE Arca Rule 7.31(jj). As proposed,
the Exchange would define an ISO as a limit order designated for
automatic execution in a particular security that is never routed to an
away market, may trade through a protected bid or offer, and will not
be rejected or cancelled if it would lock, cross, or be marketable
against an away market provided that it meets the requirements
described in the rule. The Exchange also proposes to make non-
substantive, technical amendments to define the term ``Intermarket
Sweep Order'' as ``ISO'' and change references from ``Intermarket Sweep
Order'' to ``ISO.'' The Exchange further proposes a non-substantive,
technical change to define the existing form of an ISO as an ``ISO
designated IOC (`IOC ISO').''
    Because of the technology changes associated with this proposed
rule change, the Exchange proposes to announce the implementation date
of ALO Modifiers for day limit orders and Day ISOs by Trader Update.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) \16\ of
the Act, in general, and furthers the objectives of Section
6(b)(5),\17\ in particular, in that it is designed to promote just and
equitable principles of trade, 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.
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    \16\ 15 U.S.C. 78f(b).
    \17\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposal is designed to remove
impediments to and perfect the mechanism of a free and open market and
a national market system because the expansion of the availability of
ALO Modifiers for day limit orders will increase competition, not only
among market participants, but also among exchanges offering similar
functionality. Specifically, all other equity exchanges currently
enable member firms to enter limit orders that would only post on the
designated exchange and not route.\18\ The Exchange proposes to expand
its existing ALO functionality, consistent with other markets, to also
make it available for limit orders. The Exchange believes that
requiring limit orders designated ALO to be entered with a minimum
display quantity will help perfect the mechanism of a free and open
market by encouraging additional displayed liquidity on a public
registered exchange, and therefore promote price discovery. The
Exchange further believes that the proposed re-pricing and re-
displaying of a limit order designated ALO removes impediments to and
perfects the mechanism of a free and open market because it assures
that such an order would meet its intended goal to be available on the
Exchange's book as displayed liquidity without locking or crossing a
protected quotation in violation of Rule 610(d) of Regulation NMS.\19\
The Exchange further notes that the proposed re-pricing and re-
displaying of limit orders designated ALO is consistent with how other
exchanges currently operate.\20\
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    \18\ See supra n. 5.
    \19\ 17 CFR 242.610(d).
    \20\ See supra n. 8.
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    The Exchange also believes that adding a day time-in-force
condition for ISOs, an existing order type on the Exchange, is designed
to remove impediments to and perfect the mechanism of a free and open
market and national market system because the proposed expansion is
consistent with the definition of an ISO under Regulation NMS \21\ and
with the operation of how ISOs may be entered on other exchanges,
including that it may trade through protected quotations on arrival and
display on the Exchange at a price that may lock or cross a protected
quotation.\22\ The Exchange further believes that any subsequent re-
pricing and re-displaying of a Day ISO after it has posted on the Book
will meet the entering firm's expectations that a Day ISO order not
route, while at the same time ensure that it would not lock or cross a
protected quotation in violation of Rule 610(d) of Regulation NMS.\23\
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    \21\ 17 CFR 242.600(b)(3) and supra n. 11.
    \22\ See supra n. 13, 71 FR at 59181 (``If an ISO is not marked
as `immediate or cancel,' any remaining balance in the order would
be displayed by the Exchange without regard to whether that display
would lock or cross another market center, only if the participant
routing the order has already sent an order to satisfy the
quotations of other markets so that the display of the order would
not lock or cross those markets.'') and at 59182 (approving, among
other things, NYSE Arca's proposed ISO order type and finding that
it is consistent with the Act).
    \23\ 17 CFR 242.610(d).
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(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. Rather, the Exchange
believes that the proposed rule change is pro-competitive because it
expands the functionality associated with existing NYSE order types to
conform to how these order types already operate on other exchanges,
thereby harmonizing the forms of order types available for market
participants that trade on equity exchanges.\24\
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    \24\ See supra, nn. 5, 11, and 13.
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(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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove such proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml) or
    Send an email to<EMAIL_ADDRESS>Please include File Number
SR-NYSE-2014-32 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2014-32. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements

with respect to the proposed rule change that are filed with the
Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for Web site viewing and printing in
the Commission's Public Reference Room, 100 F Street NE., Washington,
DC 20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of such filing also will 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-
NYSE-2014-32 and should be submitted on or before August 1, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\25\
---------------------------------------------------------------------------

    \25\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-16191 Filed 7-10-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 127 (Wednesday, July 5, 2017)]
[Notices]
[Pages 31055-31056]
[FR Doc No: 2017-14096]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2016-0729; FRL-9961-05]

Registration Review Proposed Interim Decisions for Aliphatic
Esters, Mepiquat Chloride and Mepiquat Pentaborate, Propylene Glycol
and Dipropylene Glycol, Triethylene Glycol, Bromuconazole, and Case
Closures for ADAO, DMHMP, and Nuosept 145; Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces the availability of EPA's proposed
interim registration review decisions and opens a 60-day public comment
period on the proposed interim decisions. Registration review is EPA's
periodic review of pesticide registrations to ensure that each
pesticide continues to satisfy the statutory standard for registration,
that is, that the pesticide can perform its intended function without
unreasonable adverse effects on human health or the environment.
Through this program, EPA is ensuring that each pesticide's
registration is based on current scientific and other knowledge,
including its effects on human health and the environment.
    This document also announces the closure of the registration review
cases for Amines, C10-16-alkyldimethyl, N-oxides (ADAO) (Case 5003, and
Docket ID Number: EPA-HQ-OPP-2011-0616); 1H-Pyrazole-1-methanol, 3,5-
dimethyl (DMHMP) (Case 5035, and Docket ID Number: EPA-HQ-OPP-2011-
0619); and Nuosept (Cosan) 145 (Case 3052, and Docket ID Number: EPA-
HQ-OPP-2008-0335) because all of the registrations in the U.S. have
been cancelled.

DATES: Comments must be received on or before September 5, 2017.

ADDRESSES: Submit your comments, identified by the docket
identification (ID) number for the specific pesticide of interest
provided in the table in Unit II, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For pesticide specific information,
contact: The Chemical Review Manager for the pesticide of interest
identified in the table in Unit II.
    For general information on the registration review program,
contact: Dana Friedman, Pesticide Re-Evaluation Division (7508P),
Office of Pesticide Programs, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number:
(703) 347-8827; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, farm worker, and agricultural advocates; the chemical industry;
pesticide users; and members of the public interested in the sale,
distribution, or use of pesticides. Since others also may be
interested, the

Agency has not attempted to describe all the specific entities that may
be affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the
Chemical Review Manager for the pesticide of interest identified in the
table in Unit II.

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

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information on a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

II. What action is the agency taking?

    Pursuant to 40 CFR 155.58, this notice announces the availability
of EPA's proposed interim registration review decisions for the
pesticides shown in the following table, and opens a 60-day public
comment period on the proposed interim decisions.

                      Table 1--Registration Review Proposed Interim Decisions Being Issued
----------------------------------------------------------------------------------------------------------------
  Registration review case name and                                                  Chemical review manager and
                 No.                                  Docket ID No.                      contact information
----------------------------------------------------------------------------------------------------------------
Aliphatic Esters, Case 4005.........  EPA-HQ-OPP-2016-0084                           Brian Kettl,
<EMAIL_ADDRESS>703-
                                                                                347-0535.
Mepiquat Chloride and Mepiquat        EPA-HQ-OPP-2012-0083                           Caitlin Newcamp,
 Pentaborate, Case 2375<EMAIL_ADDRESS><PHONE_NUMBER>.
Propylene Glycol and Dipropylene      EPA-HQ-OPP-2013-0218                           Megan Block,
 Glycol, Case 3126<EMAIL_ADDRESS>703-
                                                                                347-0671.
Triethylene Glycol, Case 3146.......  EPA-HQ-OPP-2013-0219                           Megan Block,
<EMAIL_ADDRESS>703-
                                                                                347-0671.
Bromuconazole, Case 7035............  EPA-HQ-OPP-2015-0535                           Thomas Harty,
<EMAIL_ADDRESS>703-
                                                                                347-0338.
----------------------------------------------------------------------------------------------------------------

    This document also announces the closure of the registration review
case for Amines, C10-16-alkyldimethyl, N-oxides (ADAO) (Case 5003, and
Docket ID Number: EPA-HQ-OPP-2011-0616); 1H-Pyrazole-1-methanol, 3,5-
dimethyl (DMHMP) (Case 5035, and Docket ID Number: EPA-HQ-OPP-2011-
0619); and Nuosept (Cosan) 145 (Case 3052, and Docket ID Number: EPA-
HQ-OPP-2008-0335) because all of the registrations in the U.S. have
been cancelled.
    The registration review docket for a pesticide includes earlier
documents related to the registration review case. For example, the
review opened with a Preliminary Work Plan, for public comment. A Final
Work Plan was placed in the docket following public comment on the
Preliminary Work Plan.
    The documents in the dockets describe EPA's rationales for
conducting additional risk assessments for the registration review of
the pesticides included in the table in Unit II, as well as the
Agency's subsequent risk findings and consideration of possible risk
mitigation measures. These proposed interim registration review
decisions are supported by the rationales included in those documents.
    Following public comment, the Agency will issue interim or final
registration review decisions for the pesticides listed in the table in
Unit II.
    The registration review program is being conducted under
congressionally mandated time frames, and EPA recognizes the need both
to make timely decisions and to involve the public. Section 3(g) of the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C.
136a(g)) required EPA to establish by regulation procedures for
reviewing pesticide registrations, originally with a goal of reviewing
each pesticide's registration every 15 years to ensure that a pesticide
continues to meet the FIFRA standard for registration. The Agency's
final rule to implement this program was issued in August 2006 and
became effective in October 2006, and appears at 40 CFR part 155,
subpart C. The Pesticide Registration Improvement Act of 2003 (PRIA)
was amended and extended in September 2007. FIFRA, as amended by PRIA
in 2007, requires EPA to complete registration review decisions by
October 1, 2022, for all pesticides registered as of October 1, 2007.
    The registration review final rule at 40 CFR 155.58(a) provides for
a minimum 60-day public comment period on all proposed interim
registration review decisions. This comment period is intended to
provide an opportunity for public input and a mechanism for initiating
any necessary amendments to the proposed interim decision. All comments
should be submitted using the methods in ADDRESSES, and must be
received by EPA on or before the closing date. These comments will
become part of the docket for the pesticides included in the table in
Unit II. Comments received after the close of the comment period will
be marked ``late.'' EPA is not required to consider these late
comments.
    The Agency will carefully consider all comments received by the
closing date and may provide a ``Response to Comments Memorandum'' in
the docket. The interim registration review decision will explain the
effect that any comments had on the interim decision and provide the
Agency's response to significant comments.
    Background on the registration review program is provided at:
http://www.epa.gov/pesticide-reevaluation.

    Authority: 7 U.S.C. 136 et seq.

    Dated: May 23, 2017.
Yu-Ting Guilaran,
Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2017-14096 Filed 7-3-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 202 (Thursday, October 18, 2018)] [Notices] [Page 52827] [FR Doc No: 2018-22710]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER19-66-000]

Conemaugh Power Pass-Through Holders LLC; Supplemental Notice

That Initial Market-Based Rate Filing Includes Request for Blanket

Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of

Conemaugh Power Pass-Through Holders LLC's application for market-based

rate authority, with an accompanying rate tariff, noting that such

application includes a request for blanket authorization, under 18 CFR

part 34, of future issuances of securities and assumptions of

liability.

    Any person desiring to intervene or to protest should file with the

Federal Energy Regulatory Commission, 888 First Street NE, Washington,

DC 20426, in accordance with Rules 211 and 214 of the Commission's

Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone

filing a motion to intervene or protest must serve a copy of that

document on the Applicant.

    Notice is hereby given that the deadline for filing protests with

regard to the applicant's request for blanket authorization, under 18

CFR part 34, of future issuances of securities and assumptions of

liability, is October 30, 2018.

    The Commission encourages electronic submission of protests and

interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet

access who will eFile a document and/or be listed as a contact for an

intervenor must create and validate an eRegistration account using the

eRegistration link. Select the eFiling link to log on and submit the

intervention or protests.

    Persons unable to file electronically should submit an original and

5 copies of the intervention or protest to the Federal Energy

Regulatory Commission, 888 First Street NE, Washington, DC 20426.

    The filings in the above-referenced proceeding are accessible in

the Commission's eLibrary system by clicking on the appropriate link in

the above list. They are also available for electronic review in the

Commission's Public Reference Room in Washington, DC. There is an

eSubscription link on the website that enables subscribers to receive

email notification when a document is added to a subscribed docket(s).

For assistance with any FERC Online service, please email

[email protected] or call<PHONE_NUMBER> (toll free). For TTY,

call<PHONE_NUMBER>.

    Dated: October 10, 2018.

Nathaniel J. Davis, Sr.,

Deputy Secretary.

[FR Doc. 2018-22710 Filed 10-17-18; 8:45 am]

 BILLING CODE 6717-01-P


Column A:    Column B:     emission
                                     density       carbon       factor
             Products                (metric     share  (%     (metric
                                    tons/bbl)     of mass)    tons CO2/
                                                                 bbl)
------------------------------------------------------------------------
                              * * * * * * *
            Other Petroleum Products and Natural Gas Liquids

                              * * * * * * *
Ethane\3\........................       0.0579        79.89        0.170
Ethylene\4\......................       0.0492        85.63        0.154
Propane\3\.......................       0.0806        81.71        0.241
Propylene\3\.....................       0.0827        85.63        0.260
Butane\3\........................       0.0928        82.66        0.281
Butylene\3\......................       0.0972        85.63        0.305
Isobutane\3\.....................       0.0892        82.66        0.270
Isobutylene\3\...................       0.0949        85.63        0.298

                              * * * * * * *
------------------------------------------------------------------------
\1\ In the case of products blended with some portion of biomass-based
  fuel, the carbon share in Table MM-1 of this subpart represents only
  the petroleum-based components.
\2\ Products that are derived entirely from biomass should not be
  reported, but products that were derived from both biomass and a
  petroleum product (i.e., co-processed) should be reported as the
  petroleum product that it most closely represents.
\3\ The density and emission factors for components of LPG determined at
  60 degrees Fahrenheit and saturation pressure (LPGs other than
  ethylene)
\4\ The density and emission factor for ethylene determined at 41
  degrees Fahrenheit and saturation pressure.

Subpart NN--[AMENDED]

0
87. Section 98.400 is amended by revising paragraphs (a) and (b) to
read as follows:

Sec.  98.400  Definition of the source category.

* * * * *
    (a) Natural gas liquids fractionators are installations that
fractionate natural gas liquids (NGLs) into their constituent liquid
products or mixtures of products (ethane, propane, normal butane,
isobutane or pentanes plus) for supply to downstream facilities.
    (b) Local Distribution Companies (LDCs) are companies that own or
operate distribution pipelines, not interstate pipelines or intrastate
pipelines, that physically deliver natural gas to end users and that
are within a single state that are regulated as separate operating
companies by State public utility commissions or that operate as
independent municipally-owned distribution systems. LDCs do not include
pipelines (both interstate and intrastate) delivering natural gas
directly to major industrial users and farm taps upstream of the local
distribution company inlet.
* * * * *
0
88. Section 98.403 is amended by:
0
a. Revising the parameter ``Fuelh'' to Equation NN-2.
0
b. Revising paragraphs (b)(1) introductory text and (b)(2)(i).
0
c. Revising parameters ``CO2k'' and ``Fuel'' to Equation NN-
4.
0
d. Revising paragraph (b)(3).
0
e. Revising paragraph (b)(4).
0
f. Revising paragraph (c)(2) introductory text.
0
g. Revising parameter ``CO2'' to Equation NN-8.

Sec.  98.403  Calculating GHG emissions.

    (a) * * *
    (2) * * *
* * * * *
Fuelh = Total annual volume of product ``h'' supplied
(volume per year, in Mscf for natural gas and bbl for NGLs).
* * * * *
    (b) * * *
    (1) For natural gas that is received for redelivery to downstream
gas transmission pipelines and other local distribution companies, use
Equation NN-3 of this section and the default values for the
CO2 emission factors found in Table NN-2 of this subpart.
Alternatively, reporter-specific CO2 emission factors may be
used, provided they are developed using methods outlined in Sec.
98.404.
* * * * *
    (2)(i) For natural gas delivered to end-users registering a supply
equal to or greater than 460,000 Mscf per year, use Equation NN-4 of
this section and the default values for the CO2 emission
factors found in Table NN-2 of this subpart.
    (ii) * * *
* * * * *
CO2 k = Annual CO2 mass emissions that would
result from the combustion or oxidation of natural gas delivered to
each end-user that receives a supply equal to or greater than
460,000 Mscf per year (metric tons).
Fuel = Total annual volume of natural gas supplied to this end-user,
if known, otherwise, the annual volume supplied to this meter (Mscf
per year).
* * * * *
    (3) For the net change in natural gas stored on system by the LDC
during the reporting year, use Equation NN-5a of this section. For
natural gas that is received by means other than through the city gate,
and is not otherwise accounted for by Equation NN-1 or NN-2 of this
section, use Equation NN-5b of this section.
    (i) For natural gas received by the LDC that is injected into on-
system storage, and/or liquefied and stored, and for gas removed from
storage and used for deliveries, use Equation NN-5a of this section and
the default value for the CO2 emission factors found in
Table NN-2 of this subpart. Alternatively, a reporter-specific
CO2 emission factor may be used, provided it is developed
using methods outlined in Sec.  98.404.

[GRAPHIC] [TIFF OMITTED] TP02AP13.031

Where:

CO2l = Annual CO2 mass emissions that would
result from the combustion or oxidation of the net change in natural
gas stored on system by the LDC within the reporting year (metric
tons).
Fuel1 = Total annual volume of natural gas added to
storage on-system or liquefied and stored in the reporting year
(Mscf per year).
Fuel2 = Total annual volume of natural gas that is
removed from storage or vaporized and removed from storage and used
for deliveries to customers or other LDCs by the LDC within the
reporting year (Mscf per year).
EF = Annual average CO2 emission factor for natural gas
placed into/removed from storage (MT CO2/Mscf).

    (ii) For natural gas received by the LDC that bypassed the city
gate, use Equation NN-5b of this section. This includes natural gas
received directly by LDC systems from producers or natural gas
processing plants from local production, received as a liquid and
vaporized for delivery, or received from any other source that bypassed
the city gate. Use the default value for the CO2 emission
factors found in Table NN-2 of this subpart. Alternatively, a reporter-
specific CO2 emission factor may be used, provided it is
developed using methods outlined in Sec.  98.404.

[GRAPHIC] [TIFF OMITTED] TP02AP13.032

Where:

CO2n = Annual CO2 mass emissions that would
result from the combustion or oxidation of natural gas received that
bypassed the city gate and is not otherwise accounted for by
Equation NN-1 or NN-2 of this section (metric tons).
Fuelz = Total annual volume of natural gas received that
was not otherwise accounted for by Equation NN-1 or NN-2 of this
section (natural gas from producers and natural gas processing
plants from local production, or natural gas that was received as a
liquid, vaporized and delivered, and any other source that bypassed
the city gate). (Mscf per year)
EFz = Fuel-specific CO2 emission factor (MT
CO2/Mscf)

    (4) Calculate the total CO2 emissions that would result
from the complete combustion or oxidation of the annual supply of
natural gas to end-users that receive a supply less than 460,000 Mscf
per year using Equation NN-6 of this section.

[GRAPHIC] [TIFF OMITTED] TP02AP13.033

Where:

CO2 = Annual CO2 mass emissions that would
result from the combustion or oxidation of natural gas delivered to
LDC end-users not covered in paragraph (b)(2) of this section
(metric tons).
CO2i = Annual CO2 mass emissions that would
result from the combustion or oxidation of natural gas received at
the city gate as calculated in paragraph (a)(1) or (a)(2) of this
section (metric tons).
CO2n = Annual CO2 mass emissions that would
result from the combustion or oxidation of natural gas that was
received by the LDC directly from sources bypassing the city gate,
and is not otherwise accounted for in Equation NN-1 or NN-2 of this
section, as calculated in paragraph (b)(3)(ii) of this section
(metric tons).
CO2j = Annual CO2 mass emissions that would
result from the combustion or oxidation of natural gas delivered to
transmission pipelines or other LDCs as calculated in paragraph
(b)(1) of this section (metric tons).
CO2k = Annual CO2 mass emissions that would
result from the combustion or oxidation of natural gas delivered to
each end-user that receives a supply equal to or greater than
460,000 Mscf per year as calculated in paragraph (b)(2) of this
section (metric tons).
CO2l = Annual CO2 mass emissions that would
result from the combustion or oxidation of the net change in natural
gas stored by the LDC within the reported year as calculated in
paragraph (b)(3)(i) of this section (metric tons).

    (c) * * *
    (2) Calculate the total CO2 equivalent emissions that
would result from the combustion or oxidation of fractionated NGLs
supplied less the quantity received from other fractionators using
Equation NN-8 of this section.
* * * * *
CO2 = Annual CO2 mass emissions that would
result from the combustion or oxidation of fractionated NGLs
delivered to customers or on behalf of customers less the quantity
received from other fractionators (metric tons).
* * * * *
0
89. Section 98.404 is amended by:
0
a. Revising paragraphs (a)(5) introductory text, (a)(7), (a)(8)
introductory text, and (a)(8)(ii).
0
b. Adding paragraph (a)(8)(iii).
0
c. Revising paragraphs (a)(9), (c)(2), (d)(1), and (d)(2).
0
d. Adding paragraph (d)(3).

Sec.  98.404  Monitoring and QA/QC requirements.

    (a) * * *
    (5) For an LDC using Equation NN-1 or NN-2 of this subpart, the
point(s) of measurement for the natural gas volume received shall be
the LDC city gate meter(s).
* * * * *
    (7) An LDC using Equation NN-4 of this subpart shall measure
natural gas at the end-user's meter(s). Where an end-user is known to
have more than one meter located at their facility, the reporter shall
measure the natural gas at each meter and sum the annual volume
delivered to all meters located at the end-user's facility to determine
the total volume delivered to the end-user. Otherwise, the reporter
shall consider the total annual volume delivered through each single
meter at a single particular location to be the volume delivered to an
individual end-user.
    (8) An LDC using Equation NN-5a and/or NN-5b of this subpart shall
measure natural gas as follows:
* * * * *
    (ii) Fuel2 shall be measured at the meters used for
measuring on-system storage withdrawals and/or LNG vaporization
injection.
    (iii) Fuelz shall be measured using established business
practices.
    (9) An LDC shall measure all natural gas under the following
standard industry temperature and pressure conditions: Cubic foot of
gas at a temperature of 60 degrees Fahrenheit and at an absolute
pressure of one atmosphere.
* * * * *
    (c) * * *
    (2) When a reporter used the default EF provided in this section to
calculate Equation NN-2, NN-3, NN-4, NN-5a, NN-5b, or NN-7 of this
subpart, the

appropriate value shall be taken from Table NN-2 of this subpart.
* * * * *
    (d) * * *
    (1) Equipment used to measure quantities in Equations NN-1, NN-2,
NN-5a and NN-5b of this subpart shall be calibrated prior to its first
use for reporting under this subpart, using a suitable standard method
published by a consensus based standards organization or according to
the equipment manufacturer's directions.
    (2) Equipment used to measure quantities in Equations NN-1, NN-2,
NN-5a, and NN-5b of this subpart shall be recalibrated at the frequency
specified by the standard method used or by the manufacturer's
directions.
    (3) Equipment used to measure quantities in Equations NN-3 and NN-4
of this subpart shall be recalibrated at the frequency commonly used
within the industry.
0
90. Section 98.405 is amended by removing and reserving paragraph
(c)(3).
0
91. Section 98.406 is amended by:
0
a. Revising paragraph (a)(4).
0
b. Revising paragraphs (a)(7), (b)(2), and (b)(3).
0
c. Removing and reserving paragraph (b)(4).
0
d. Revising paragraphs (b)(5), (b)(7), (b)(9), and (b)(12) introductory
text.

Sec.  98.406  Data reporting requirements.

    (a) * * *
    (4) Annual quantities (in barrels) of y-grade, o-grade, and other
bulk NGLs:
    (i) Received.
    (ii) Supplied to downstream users that are not fractionated by the
reporter.
* * * * *
    (7) Annual CO2 mass emissions (metric tons) that would
result from the combustion or oxidation of fractionated NGLs supplied
less the quantity received from other fractionators, calculated in
accordance with Sec.  98.403(c)(2). If the calculated value is
negative, the reporter shall report the value as zero.
* * * * *
    (b) * * *
    (2) Annual volume in Mscf of natural gas placed into storage or
liquefied and stored (Fuel1 in Equation NN-5a).
    (3) Annual volume in Mscf of natural gas withdrawn from on-system
storage and annual volume in Mscf of vaporized liquefied natural gas
(LNG) withdrawn from storage for delivery on the distribution system
(Fuel2 in Equation NN-5a).
    (4) [Reserved]
    (5) Annual volume in Mscf of natural gas that bypassed the city
gate(s) and was supplied through the LDC distribution system. This
includes natural gas from producers and natural gas processing plants
from local production, or natural gas that was vaporized upon receipt
and delivered, and any other source that bypassed the city gate
(Fuelz in Equation NN-5b).
* * * * *
    (7) Annual volume in Mscf of natural gas delivered by the LDC to
each end-user facility that received from the LDC deliveries equal to
or greater than 460,000 Mscf during the calendar year, if known;
otherwise, report the annual volume in Mscf of natural gas delivered by
the LDC to each meter registering supply equal to or greater than
460,000 Mscf during the calendar year.
* * * * *
    (9) Annual CO2 emissions (metric tons) that would result
from the complete combustion or oxidation of the annual supply of
natural gas to end-users registering less than 460,000 Mscf, calculated
in accordance with Sec.  98.403(b)(4). If the calculated value is
negative, the reporter shall report the value as zero.
* * * * *
    (12) The customer name, address, and meter number of each end-user
reported in paragraph (b)(7) of this section. Additionally, report
whether the quantity of natural gas reported in paragraph (b)(7) of
this section is the total quantity delivered to the end-user, or the
quantity delivered to a specific meter.
* * * * *
0
92. Section 98.407 is amended by revising the introductory text to read
as follows:

Sec.  98.407  Records that must be retained.

    In addition to the information required by Sec.  98.3(g), the
reporter shall retain the following records:
* * * * *
0
93. Tables NN-1 and NN-2 to subpart NN are revised to read as follows:

  Table NN-1 to Subpart NN of Part 98--Default Factors for Calculation
                      Methodology 1 of This Subpart
------------------------------------------------------------------------
                                                            Default CO2
                                       Default higher        emission
               Fuel                   heating value\1\    factor (kg CO2/
                                                              MMBtu)
------------------------------------------------------------------------
Natural Gas.......................  1.026 MMBtu/Mscf....           53.06
Propane...........................  3.84 MMBtu/bbl......           62.87
Normal butane.....................  4.34 MMBtu/bbl......           64.77
Ethane............................  2.85 MMBtu/bbl......           59.60
Isobutane.........................  4.16 MMBtu/bbl......           64.94
Pentanes plus.....................  4.62 MMBtu/bbl......           70.02
------------------------------------------------------------------------
\1\ Conditions for higher heating values presented in MMBtu/bbl are
  60[deg]F and saturation pressure.

   Table NN-2 to Subpart NN of Part 98--Default Values for Calculation
                      Methodology 2 of This Subpart
------------------------------------------------------------------------
                                                            Default CO2
                                                          emission value
               Fuel                         Unit          (MT CO2/Unit)\
                                                                1\
------------------------------------------------------------------------
Natural Gas.......................  Mscf................          0.0544
Propane...........................  Barrel..............          0.241
Normal butane.....................  Barrel..............          0.281
Ethane............................  Barrel..............          0.170
Isobutane.........................  Barrel..............          0.270
Pentanes plus.....................  Barrel..............          0.324
------------------------------------------------------------------------
\1\ Conditions for emission value presented in MT CO2/bbl are 60[deg]F
  and saturation pressure.

Subpart PP--[AMENDED]

0
94. Section 98.423 is amended by revising paragraph (a)(3)(i)
introductory text to read as follows:

Sec.  98.423  Calculating CO2 supply.

    (a) * * *
    (3) * * *
    (i) For facilities with production process units or production
wells that capture or extract a CO2 stream and either
measure it after segregation or do not segregate the flow, calculate
the total CO2 supplied in accordance with Equation PP-3a.
* * * * *
0
95. Section 98.426 is amended by revising paragraphs (b)(4)(i),
(b)(4)(ii), (f)(10), and (f)(11) to read as follows:

Sec.  98.426  Data reporting requirements.

* * * * *
    (b) * * *
    (4) * * *
    (i) Quarterly density of the CO2 stream in metric tons
per standard cubic meter if you report the concentration of the
CO2 stream in paragraph (b)(3) of this section in weight
percent.
    (ii) Quarterly density of CO2 in metric tons per
standard cubic meter if you report the concentration of the
CO2 stream in paragraph (b)(3) of this section in volume
percent.
* * * * *
    (f) * * *
    (10) Injection of CO2 for enhanced oil and natural gas
recovery that is covered by subpart UU of this part.
    (11) Geologic sequestration of carbon dioxide that is covered by
subpart RR of this part.
* * * * *

Subpart QQ--[AMENDED]

0
96. Section 98.433 is amended by revising the parameter ``St'' of
Equation QQ-1 and Equation QQ-2 to read as follows:

Sec.  98.433  Calculating GHG contained in pre-charged equipment or
closed-cell foams.

    (a) * * *
* * * * *
St = Mass of fluorinated GHG per unit of equipment type t
or foam type t (charge per piece of equipment, kg) or density of
fluorinated GHG in foam (charge per cubic foot of foam, kg per cubic
foot).
* * * * *
    (b) * * *
* * * * *
St = Mass in CO2e of the fluorinated GHGs per
unit of equipment type t or foam type t (charge per piece of
equipment, kg) or density of fluorinated GHG in foam
(CO2e per cubic foot of foam, kg CO2e per
cubic foot).
* * * * *
0
97. Section 98.434 is amended by revising paragraph (b) to read as
follows:

Sec.  98.434  Monitoring and QA/QC requirements.

* * * * *
    (b) The inputs to the annual submission must be reviewed against
the import or export transaction records to ensure that the information
submitted to EPA is being accurately transcribed as the correct
chemical or blend in the correct pre-charged equipment or closed-cell
foam in the correct quantities and units.
0
98. Section 98.436 is amended by:
0
a. Revising paragraphs (a)(3), (a)(4), (a)(6)(ii), (a)(6)(iii), (b)(3),
(b)(4), (b)(6)(ii), and (b)(6)(iii).
    Removing and reserving paragraphs (a)(5), (a)(6)(iv), (b)(5), and
(b)(6)(iv).

Sec.  98.436  Data reporting requirements.

    (a) * * *
    (3) For closed-cell foams that are imported inside of equipment,
the identity of the fluorinated GHG contained in the foam, the mass of
the fluorinated GHG contained in the foam in each piece of equipment,
and the number of pieces of equipment imported with each unique
combination of mass and identity of fluorinated GHG within the closed-
cell foams.
    (4) For closed cell-foams that are not imported inside of
equipment, the identity of the fluorinated GHG in the foam, the density
of the fluorinated GHG in the foam (kg fluorinated GHG/cubic foot), and
the volume of foam imported (cubic feet) for each type of closed-cell
foam with a unique combination of fluorinated GHG density and identity.
    (5) [Reserved]
    (6) * * *
    (ii) For closed-cell foams that are imported inside of equipment,
the mass of the fluorinated GHGs in CO2e contained in the
foam in each piece of equipment and the number of pieces of equipment
imported for each equipment type.
    (iii) For closed-cell foams that are not imported inside of
equipment, the density in CO2e of the fluorinated GHGs in
the foam (kg CO2e/cubic foot) and the volume of foam
imported (cubic feet) for each type of closed-cell foam.
    (iv) [Reserved]
* * * * *
    (b) * * *
    (3) For closed-cell foams that are exported inside of equipment,
the identity of the fluorinated GHG contained in the foam in each piece
of equipment, the mass of the fluorinated GHG contained in the foam in
each piece of equipment, and the number of pieces of equipment exported
with each unique combination of mass and identity of fluorinated GHG
within the closed-cell foams.
    (4) For closed-cell foams that are not exported inside of
equipment, the identity of the fluorinated GHG in the foam, the density
of the fluorinated GHG in the foam (kg fluorinated GHG/cubic foot), and
the volume of foam exported (cubic feet) for each type of closed-cell
foam with a unique combination of fluorinated GHG density and identity.
    (5) [Reserved]
    (6) * * *
    (ii) For closed-cell foams that are exported inside of equipment,
the mass of the fluorinated GHGs in CO2e contained in the
foam in each piece of equipment and the number of pieces of equipment
imported for each equipment type.
    (iii) For closed-cell foams that are not exported inside of
equipment, the density in CO2e of the fluorinated GHGs in
the foam (kg CO2 e/cubic foot) and the volume of foam
imported (cubic feet) for each type of closed-cell foam.
    (iv) [Reserved]
* * * * *
0
99. Section 98.438 is amended by revising the definitions for ``Closed-
cell foam'' and ``Pre-charged electrical equipment component'' to read
as follows:

Sec.  98.438  Definitions.

* * * * *
    Closed-cell foam means any foam product, excluding packaging foam,
that is constructed with a closed-cell structure and a blowing agent
containing a fluorinated GHG. Closed-cell foams include but are not
limited to polyurethane (PU) foam contained in equipment, PU continuous
and discontinuous panel foam, PU one component foam, PU spray foam,
extruded polystyrene (XPS) boardstock foam, and XPS sheet foam.
Packaging foam means foam used exclusively during shipment or storage
to temporarily enclose items.
* * * * *
    Pre-charged electrical equipment component means any portion of
electrical equipment that is charged with a fluorinated greenhouse gas
prior to sale or distribution or offer for sale or distribution in
interstate commerce.

Subpart RR--[AMENDED]

0
100. Section 98.443 is amended by:
0
a. Revising the parameter ``Sr,p'' of Equation RR-2 at
paragraph (a)(2).

0
b. Revising paragraph (d)(3) introductory text.
0
c. Revising the parameter ``CO2FI'' of Equation RR-12.

Sec.  98.443  Calculating CO2 geologic sequestration.

* * * * *
    (a) * * *
    (2) * * *
* * * * *
Sr,p = Quarterly volume of contents in containers r
redelivered to another facility without being injected into your
well in quarter p (standard cubic meters).
* * * * *
    (d) * * *
    (3) To aggregate production data, you must sum the mass of all of
the CO2 separated at each gas-liquid separator in accordance
with the procedure specified in Equation RR-9 of this section. You must
assume that the total CO2 measured at the separator(s)
represents a percentage of the total CO2 produced. In order
to account for the percentage of CO2 produced that is
estimated to remain with the produced oil or other fluid, you must
multiply the quarterly mass of CO2 measured at the
separator(s) by a percentage estimated using a methodology in your
approved MRV plan. If fluids containing CO2 from injection
wells covered under this source category are produced and not processed
through a gas-liquid separator, the concentration of CO2 in
the produced fluids must be measured at a flow meter located prior to
reinjection or reuse using methods in Sec.  98.444(f)(1). The
considerations you intend to use to calculate CO2 from
produced fluids for the mass balance equation must be described in your
approved MRV plan in accordance with Sec.  98.448(a)(5).
* * * * *
    (f) * * *
    (2) * * *
* * * * *
CO2FI = Total annual CO2 mass emitted (metric
tons) from equipment leaks and vented emissions of CO2
from equipment located on the surface between the flow meter used to
measure injection quantity and the injection wellhead, for which a
calculation procedure is provided in subpart W of this part.
0
101. Section 98.446 is amended by revising paragraph (b)(5) to read as
follows:

Sec.  98.446  Data reporting requirements.

* * * * *
    (b) * * *
    (5) The standard or method used to calculate each value in
paragraphs (b)(1), (b)(2), and (b)(3) of this section.
* * * * *

Subpart SS--[AMENDED]

0
102. Section 98.453 is amended by:
0
a. Revising paragraph (d).
0
b. Revising paragraph (h).
0
c. Revising the parameter ``MF'' of Equation SS-6.

Sec.  98.453  Calculating GHG emissions.

* * * * *
    (d) Estimate the mass of SF6 or PFCs disbursed to
customers in new equipment or cylinders over the period p by monitoring
the mass flow of the SF6 or PFCs into the new equipment or
cylinders using a flowmeter, or by weighing containers before and after
gas from containers is used to fill equipment or cylinders, or by using
the nameplate capacity of the equipment.
* * * * *
    (h) If the mass of SF6 or the PFC disbursed to customers
in new equipment or cylinders over the period p is determined by using
the nameplate capacity, or by using the nameplate capacity of the
equipment and calculating the partial shipping charge, use the methods
in either paragraph (h)(1) or (h)(2) of this section.
    (1) Determine the equipment's actual nameplate capacity, by
measuring the nameplate capacities of a representative sample of each
make and model and calculating the mean value for each make and model
as specified at Sec.  98.454(f).
    (2) If equipment is shipped with a partial charge, calculate the
partial shipping charge by multiplying the nameplate capacity of the
equipment by the ratio of the densities of the partial charge to the
full charge.
    (i) * * *
* * * * *
MF = The total annual mass of the SF6 or PFCs, in pounds,
used to fill equipment during equipment installation at electric
transmission or distribution facilities.
* * * * *
0
103. Section 98.456 is amended by revising paragraphs (m), (o), and (p)
to read as follows:

Sec.  98.456  Data reporting requirements.

* * * * *
    (m) The values for EFci of Equation SS-5 of this subpart
for each hose and valve combination and the associated valve fitting
sizes and hose diameters.
* * * * *
    (o) If the mass of SF6 or the PFC disbursed to customers
in new equipment over the period p is determined according to the
methods required in Sec.  98.453(h), report the mean value of nameplate
capacity in pounds for each make, model, and group of conditions.
    (p) If the mass of SF6 or the PFC disbursed to customers
in new equipment over the period p is determined according to the
methods required in Sec.  98.453(h), report the number of samples and
the upper and lower bounds on the 95 percent confidence interval for
each make, model, and group of conditions.
* * * * *

Subpart TT--[AMENDED]

0
104. Section 98.460 is amended by revising paragraph (c)(2)(xiii) to
read as follows:

Sec.  98.460  Definition of the source category.

* * * * *
    (c) * * *
    (2) * * *
    (xiii) Other waste material that has a DOC value of 0.3 weight
percent (on a wet basis) or less. DOC value must be determined using a
60-day anaerobic biodegradation test procedure identified in Sec.
98.464(b)(4)(i).
* * * * *
0
105. Section 98.463 is amended by:
0
a. Revising the parameter ``DOCF'' of Equation TT-1.
0
b. Removing the parameter ``Fx'' of Equation TT-1 and adding
in its place the parameter ``F''.
0
c. Revising Equation TT-4b.
0
d. Revising the parameter ``OX'' of Equation TT-6.

Sec.  98.463  Calculating GHG emissions.

    (a) * * *
    (1) * * *
* * * * *
DOCF = Fraction of DOC dissimilated (fraction); use the
default value of 0.5. If measured values of DOC are available using
the 60-day anaerobic biodegradation test procedure identified in
98.464(b)(4)(i), use a default value of 1.0.
* * * * *
F = Fraction by volume of CH4 in landfill gas (fraction,
dry basis, corrected to 0% oxygen). If you have a gas collection
system, use the annual average CH4 concentration from
measurement data for the current reporting year; otherwise, use the
default value of 0.5.
* * * * *
    (2) * * *
    (ii) * * *
    (C) * * *
* * * * *

[GRAPHIC] [TIFF OMITTED] TP02AP13.010

* * * * *
    (b) * * *
    (1) * * *
* * * * *
OX = Oxidation fraction from Table HH-4 of subpart HH of this part.
* * * * *
0
106. Section 98.464 is amended by:
0
a. Revising paragraph (b) introductory text.
0
b. Revising Equation TT-7.
0
c. Removing the parameters ``DOCF'',
``MCDcontrol'', and ``MCcontrol'' of Equation TT-
7.
0
d. Revising paragraph (c).

Sec.  98.464  Monitoring and QA/QC requirements.

* * * * *
    (b) For each waste stream placed in the landfill during the
reporting year for which you choose to determine volatile solids
concentration and/or a waste stream-specific DOCX, you must
collect and test a representative sample of that waste stream using the
methods specified in paragraphs (b)(1) through (b)(4) of this section,
as applicable.
* * * * *
    (4) * * *
    (i) * * *
    (E) * * *
    [GRAPHIC] [TIFF OMITTED] TP02AP13.011

Where:
DOCX = Degradable organic content of the waste stream in
Year X (weight fraction, wet basis)
MCDsample,x = Mass of carbon degraded in the waste stream
sample in Year X as determined in paragraph (b)(4)(i)(C) of this
section [milligrams (mg)].
Msample,x = Mass of waste stream sample used in the
anaerobic degradation test in Year X (mg, wet basis).
* * * * *
    (c) For each waste stream that was historically managed in the
landfill but was not received during the first reporting year for which
you choose to determine volatile solids concentration and/or a waste
stream-specific DOCX, you must determine volatile solids
concentration or DOCX of the waste stream as initially
placed in the landfill using the methods specified in paragraph (c)(1)
or (c)(2) of this section, as applicable.
    (1) If you can identify a similar waste stream to the waste stream
that was historically managed in the landfill, you must determine the
volatile solids concentration or DOCX of the similar waste
stream using the applicable procedures in paragraphs (b)(1) through
(b)(4) of this section.
    (2) If you cannot identify a similar waste stream to the waste
stream that was historically managed in the landfill, you may determine
the volatile solids concentration or DOCX of the
historically managed waste stream using process knowledge. You must
document the basis for the volatile solids concentration or
DOCX value as determined through process knowledge.
* * * * *
0
107. Section 98.466 is amended by:
0
a. Revising paragraph (b)(1).
0
b. Adding paragraph (b)(5).
0
c. Revising paragraph (c) introductory text.
0
d. Removing and reserving paragraph (c)(1).
0
e. Revising paragraphs (c)(2), (c)(3) introductory text, and (c)(4)
introductory text.
0
f. Adding paragraph (c)(5).
0
g. Revising paragraph (d)(3).
0
h. Revising paragraph (h).

Sec.  98.466  Data reporting requirements.

* * * * *
    (b) * * *
    (1) The number of waste steams (including ``Other Industrial Solid
Waste (not otherwise listed)'' and ``Inerts'') for which Equation TT-1
of this subpart is used to calculate modeled CH4 generation.
* * * * *
    (5) For each waste stream, the decay rate (k) value used in the
calculations.
    (c) Report the following historical waste information:
    (1) [Reserved]
    (2) For each waste stream identified in paragraph (b) of this
section, the method(s) for estimating historical waste disposal
quantities and the range of years for which each method applies.
    (3) For each waste stream identified in paragraph (b) of this
section for which Equation TT-2 of this subpart is used, provide:
* * * * *
    (4) If Equation TT-4a of this subpart is used, provide:
* * * * *
    (5) If Equation TT-4b of this subpart is used, provide:
    (i) WIP (i.e., the quantity of waste in-place at the start of the
reporting year from design drawings or engineering estimates (metric
tons) or, for closed landfills for which waste in-place quantities are
not available, the landfill's design capacity).
    (ii) The cumulative quantity of waste placed in the landfill for
the years for which disposal quantities are available from company
record or from Equation TT-3 of this part.
    (iii) YrLast.
    (iv) YrOpen.
    (v) NYrData.
    (d) * * *
    (3) For each waste stream, the degradable organic carbon
(DOCX) value (mass fraction) for the specified year and an
indication as to whether this was the default value from Table TT-1 to
this subpart, a measured value using a 60-day anaerobic biodegradation
test as specified in Sec.  98.464(b)(4)(i), or a value based on total
and volatile solids measurements as specified in Sec.
98.464(b)(4)(ii). If DOCx was determined by a 60-day
anaerobic biodegradation test, specify the test method used.
* * * * *
    (h) For landfills with gas collection systems, in addition to the
reporting requirements in paragraphs (a) through (f) of this section,
provide:
    (1) The annual methane generation, adjusted for oxidation,
calculated using Equation TT-6 of this subpart, reported in metric tons
CH4;
    (2) The oxidation factor used in Equation TT-6 of this subpart; and
    (3) All information required under 40 CFR 98.346(i)(1) through
(i)(7) and 40 CFR 98.346(i)(9) through (i)(12).
0
108. Section 98.467 is revised to read as follows:

Sec.  98.467  Records that must be retained.

    In addition to the information required by Sec.  98.3(g), you must
retain the calibration records for all monitoring equipment, including
the method or manufacturer's specification used for calibration, and
all measurement data used for the purposes of paragraphs Sec.
98.460(c)(2)(xii) or (c)(2)(xiii) or used to determine waste stream-
specific DOCX values for use in Equation TT-1 of this
subpart.
0
109. Table TT-1 to Subpart TT is amended by:
0
a. Revising the first four entries.
0
b. Adding a new entry following ``Construction and Demolition''.

           Table TT-1 to Subpart TT--Default DOC and Decay Rate Values for Industrial Waste Landfills
----------------------------------------------------------------------------------------------------------------
                                                              DOC (weight     k [dry    k [moderate     k [wet
                     Industry/waste type                       fraction,   climate\a\]  climate\a\]  climate\a\]
                                                               wet basis)   (yr\ -1\)    (yr \-1\)    (yr \-1\)
----------------------------------------------------------------------------------------------------------------
Food Processing (other than sludge).........................         0.22         0.06         0.12         0.18
Pulp and Paper (other than sludge)..........................         0.20         0.02         0.03         0.04
Wood and Wood Product (other than sludge)...................         0.43         0.02         0.03         0.04
Construction and Demolition.................................         0.08         0.02         0.03         0.04
Industrial Sludge...........................................         0.09         0.02         0.04         0.06

* * * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ The applicable climate classification is determined based on the annual rainfall plus the recirculated
  leachate application rate. Recirculated leachate application rate (in inches/year) is the total volume of
  leachate recirculated from company records or engineering estimates and applied to the landfill divided by the
  area of the portion of the landfill containing waste [with appropriate unit conversions].
(1) Dry climate = precipitation plus recirculated leachate less than 20 inches/year
(2) Moderate climate = precipitation plus recirculated leachate from 20 to 40 inches/year (inclusive)
(3) Wet climate = precipitation plus recirculated leachate greater than 40 inches/year
Alternatively, landfills that use leachate recirculation can elect to use the k value for wet climate rather
  than calculating the recirculated leachate rate.
\(1)\ Dry climate = precipitation plus recirculated leachate less than 20 inches/year.
\(2)\ Moderate climate = precipitation plus recirculated leachate from 20 to 40 inches/year (inclusive).
\(3)\ Wet climate = precipitation plus recirculated leachate greater than 40 inches/year.

Subpart UU--[AMENDED]

0
110. Section 98.473 is amended by revising:
0
a. The parameter ``D'' of Equation UU-2 in paragraph (a)(2).
0
b. The parameter ``Sr,p'' of Equation UU-2 in paragraph
(b)(2).

Sec.  98.473  Calculating CO2 received.

    (a) * * *
    (2) * * *
* * * * *
D = Density of CO2 at standard conditions (metric tons
per standard cubic meter): 0.0018682.
* * * * *
    (b) * * *
    (2) * * *
* * * * *
Sr,p = Quarterly volume of contents in containers r that
is redelivered to another facility without being injected into your
well in quarter p (standard cubic meters).
* * * * *
0
111. Section 98.476 is amended by:
0
a. Revising paragraph (b)(5).
0
b. Adding paragraph (e).

Sec.  98.476  Data reporting requirements.

* * * * *
    (b) * * *
    (5) The standard or method used to calculate each value in
paragraphs (b)(1), (b)(2), and (b)(3) of this section.
* * * * *
    (e) Report the following:
    (1) Whether the facility received a Research and Development
project exemption from reporting under 40 CFR part 98, subpart RR, for
this reporting year. If you received an exemption, report the start and
end dates of the exemption approved by EPA.
    (2) Whether the facility includes a well or group of wells where a
CO2 stream was injected into subsurface geologic formations
to enhance the recovery of oil during this reporting year.
    (3) Whether the facility includes a well or group of wells where a
CO2 stream was injected into subsurface geologic formations
to enhance the recovery of natural gas during this reporting year.
    (4) Whether the facility includes a well or group of wells where a
CO2 stream was injected into subsurface geologic formations
for acid gas disposal during this reporting year.
    (5) Whether the facility includes a well or group of wells where a
CO2 stream was injected for a purpose other than those
listed in paragraphs (e)(1) through (4) of this section. If you
injected CO2 for another purpose, report the purpose of the
injection.

[FR Doc. 2013-06093 Filed 4-1-13; 8:45 am]
BILLING CODE 6560-50-P