63.11950(i), then you must also include data or other information
supporting a finding that the emissions estimation equations in Sec.
63.11950(a) through (h) are inappropriate. If the EPA disapproves the
report, then you must still be in compliance with the emission limits
and work practice standards of this subpart by your compliance date. To
change any of the information submitted in the report, you must notify
the EPA 60 days before you implement the planned change.
* * * * *
    (8) Commencing and ceasing operation of CEMSs. Before starting or
stopping the use of CEMS, you must notify the Administrator as
specified in Sec.  63.11935(b)(7).
    (9) * * *
    (i) Beginning on [date 60 days after date of publication of the
final rule in the Federal Register], within 60 days after the date of
completing each performance test required by this subpart, you must
submit the results of the performance test following the procedures
specified in paragraphs (c)(9)(i)(A) through (C) of this section.
    (A) Data collected using test methods supported by the EPA's
Electronic Reporting Tool (ERT) as listed on the EPA's ERT website
(https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of the test. Submit the results of the
performance test to the EPA via

the Compliance and Emissions Data Reporting Interface (CEDRI), which
can be accessed through the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/). The data must be submitted in a file format generated
through the use of the EPA's ERT. Alternatively, you may submit an
electronic file consistent with the extensible markup language (XML)
schema listed on the EPA's ERT website.
    (B) Data collected using test methods that are not supported by the
EPA's ERT as listed on the EPA's ERT website at the time of the test.
The results of the performance test must be included as an attachment
in the ERT or an alternate electronic file consistent with the XML
schema listed on the EPA's ERT website. Submit the ERT generated
package or alternative file to the EPA via CEDRI.
    (C) Confidential business information (CBI). If you claim some of
the information submitted under paragraph (a)(1) or (2) of this section
is CBI, you must submit a complete file, including information claimed
to be CBI, to the EPA. The file must be generated through the use of
the EPA's ERT or an alternate electronic file consistent with the XML
schema listed on the EPA's ERT website. Submit the file on a compact
disc, flash drive, or other commonly used electronic storage medium and
clearly mark the medium as CBI. Mail the electronic medium to U.S. EPA/
OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy
Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same file
with the CBI omitted must be submitted to the EPA via the EPA's CDX as
described in paragraphs (c)(9)(i)(A) and (B) of this section.
    (ii) Beginning on [date 60 days after date of publication of the
final rule in the Federal Register], within 60 days after the date of
completing each CEMS performance evaluation (as defined in Sec.  63.2),
you must submit the results of the performance evaluation following the
procedures specified in paragraphs (c)(9)(ii)(A) through (B) of this
section.
    (A) Performance evaluations of CEMS measuring relative accuracy
test audit (RATA) pollutants that are supported by the EPA's ERT as
listed on the EPA's ERT website at the time of the evaluation. Submit
the results of the performance evaluation to the EPA via CEDRI, which
can be accessed through the EPA's CDX. The data must be submitted in a
file format generated through the use of the EPA's ERT. Alternatively,
you may submit an electronic file consistent with the XML schema listed
on the EPA's ERT website.
    (B) Performance evaluations of CEMS measuring RATA pollutants that
are not supported by the EPA's ERT as listed on the EPA's ERT website
at the time of the evaluation. The results of the performance
evaluation must be included as an attachment in the ERT or an alternate
electronic file consistent with the XML schema listed on the EPA's ERT
website. Submit the ERT generated package or alternative file to the
EPA via CEDRI.
    (C) Confidential business information (CBI). If you claim some of
the information submitted under paragraph (a)(1) or (2) of this section
is CBI, you must submit a complete file, including information claimed
to be CBI, to the EPA. The file must be generated through the use of
the EPA's ERT or an alternate electronic file consistent with the XML
schema listed on the EPA's ERT website. Submit the file on a compact
disc, flash drive, or other commonly used electronic storage medium and
clearly mark the medium as CBI. Mail the electronic medium to U.S. EPA/
OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy
Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same file
with the CBI omitted must be submitted to the EPA via the EPA's CDX as
described in paragraphs (c)(9)(ii)(A) and (B) of this section.
* * * * *
0
30. Section 63.11990 is amended by:
0
a. Revising paragraphs (b) introductory text and (b)(4);
0
b. Adding paragraph (b)(7);
0
c. Revising paragraphs (e)(3)(ii) and (h)(2);
0
d. Adding paragraph (h)(3);
0
e. Revising paragraph (i)(4); and
0
f. Removing paragraph (i)(5).
    The revisions and additions read as follows:

Sec.  63.11990  What records must I keep?

* * * * *
    (b) Storage vessels. For storage vessels, you must maintain the
records specified in paragraphs (b)(1) through (7) of this section.
* * * * *
    (4) For each pressure vessel, you must keep records of the
information specified in Sec.  63.11985(b)(10) and paragraph (c) of
this section.
* * * * *
    (7) For storage vessels that use vapor balancing, you must keep the
records specified in paragraphs (b)(7)(i) through (iii) of this
section.
    (i) A record of the certification required by Sec.  63.11910(e)(2).
    (ii) If complying with Sec.  63.11910(e)(6)(ii), keep the records
specified in paragraphs (b)(7)(ii)(A) and (B) of this section.
    (A) A record of the equipment to be used and the procedures to be
followed when reloading the railcar, tank truck, or barge and
displacing vapors to the storage vessel from which the liquid
originates.
    (B) A record of each time the vapor balancing system is used to
comply with Sec.  63.11910(e)(6)(ii).
    (iii) If complying with Sec.  63.11910(e)(6)(iii), you must keep
records that demonstrate one or more of the conditions specified in
Sec.  63.11910(d)(4)(i)(A) through (D) are met.
* * * * *
    (e) * * *
    (3) * * *
    (ii) In lieu of calculating and recording the average value
specified in paragraph (e)(3)(i) of this section, if all 1-hour
averages specified in Sec.  63.11935(e) demonstrate compliance with
your parameter operating limit or the applicable pollutant emission
limit in Table 1, 1b, 2, or 2b to this subpart for the block average
period, you may record a statement that all recorded 1-hour averages
met the operating limit or emission limit, as applicable, and retain
for 5 years this statement and all recorded CPMS or CEMS data for the
block average period.
* * * * *
    (h) * * *
    (2) The total quantity (pounds) of each resin grade produced per
day and the total quantity of resin processed by each resin stripper or
group of strippers, identified by resin type and resin grade, per day.
    (3) If you elect to demonstrate initial or continuous compliance
with the alternative mass emissions rates (g/kg) in Table 1b or 2b to
this subpart, you must keep the records specified in paragraphs (e)
through (g) of this section for process vents and closed vent systems
for equipment downstream of the stripper.
    (i) * * *
    (4) All testing data, including monthly measurements of the
concentrations of vinyl chloride, and if applicable, the concentration
of total non-vinyl chloride organic HAP in each process wastewater
stream required to be measured, as specified in Sec.  63.11975.
* * * * *
0
31. Section 63.12005 is amended by:
0
a. Removing the definition for ``Affirmative defense'';
0
b. Revising the definition for ``Batch process vent'';

0
c. Adding in alphabetical order a definition for ``Closure device'';
0
d. Removing the definition for ``Container'';
0
e. Revising the definition for ``Continuous process vent'';
0
f. Removing the definition for ``Corrective action plan'';
0
g. Revising the definitions for ``Dispersion process'' and ``First
attempt at repair'';
0
h. Removing the definition for ``Operating day'';
0
i. Revising the definitions for ``Polyvinyl chloride and copolymers
production process unit or PVCPU,'' ``Polyvinyl chloride copolymer,''
``Polyvinyl chloride homopolymer,'' ``Process component,'' ``Process
condenser,'' ``Process vent,'' ``Product,'' and ``PVC-combined process
vent'';
0
j. Removing the definition for ``PVC-only process vent'';
0
k. Adding in alphabetical order a definition for ``PVC process vent'';
0
l. Revising the definition for ``Repaired'';
0
m. Removing the definitions for ``Root cause analysis'' and ``Solution
process'';
0
n. Revising the definitions for ``Total non-vinyl chloride organic
HAP'' and ``Type of resin'';
0
o. Removing the definition for ``Unloading operations''; and
0
p. Adding in alphabetical order a definition for ``Vapor balancing
system.''
    The revisions and additions read as follows:

Sec.  63.12005  What definitions apply to this subpart?

* * * * *
    Batch process vent means a vent from a batch operation from a PVCPU
through which a HAP-containing gas stream has the potential to be
released to the atmosphere except that it is required by this subpart
to be routed to a closed vent system and control device. Emissions for
all emission episodes associated with the unit operation(s) are part of
the batch process vent. Batch process vents also include vents with
intermittent flow from continuous operations. Examples of batch process
vents include, but are not limited to, vents on condensers used for
product recovery, polymerization reactors, and process tanks.
* * * * *
    Closure device means a cover, cap, hatch, lid, plug, seal, valve,
or other type of fitting that, when the device is secured in the closed
position, prevents or reduces air emissions to the atmosphere by
blocking an opening in a fixed roof storage vessel or pressure vessel.
* * * * *
    Continuous process vent means a vent from a continuous PVCPU
operation through which a HAP-containing gas stream has the potential
to be released to the atmosphere except that it is required by this
subpart to be routed to a closed vent system and control device and has
the following characteristics:
    (1) The gas stream originates as a continuous flow from any
continuous PVCPU operation during operation of the PVCPU.
    (2) The discharge into the closed vent system and control device
meets at least one of the following conditions:
    (i) Is directly from any continuous operation.
    (ii) Is from any continuous operation after passing solely (i.e.,
without passing through any other unit operation for a process purpose)
through one or more recovery devices within the PVCPU.
    (iii) Is from a device recovering only mechanical energy from a gas
stream that comes either directly from any continuous operation, or
from any continuous operation after passing solely (i.e., without
passing through any other unit operation for a process purpose) through
one or more recovery devices within the PVCPU.
* * * * *
    Dispersion process means a process for producing polyvinyl chloride
resin that is characterized by either emulsion or microsuspension
polymerization. Emulsion polymerization uses water soluble initiators
and is distinguished by metering in surfactants as the reaction
progresses. In microsuspension polymerization, homogenizers are first
mixed with a monomer outside of the polymerization reactor and oil
soluble initiators are then added before charging the reactor. These
two polymerization techniques produce fine particles, typically less
than 10 microns, with little or no porosity. Emulsifier levels vary but
agitation is very mild compared to other PVC polymerization processes.
The final product is dried to powder form.
* * * * *
    First attempt at repair, for the purposes of this subpart, means to
take action for the purpose of stopping or reducing leakage of organic
material to the atmosphere, followed by monitoring as specified in
Sec.  63.11930(f) or Sec.  63.1023(b) and (c), as applicable, to verify
whether the leak is repaired, unless the owner or operator determines
by other means that the leak is not repaired.
* * * * *
    Polyvinyl chloride and copolymers production process unit or PVCPU
means a collection of process components assembled and connected by
hard-piping or duct work, used to process raw materials and to
manufacture polyvinyl chloride and/or polyvinyl chloride copolymers. A
PVCPU includes, but is not limited to, polymerization reactors; resin
stripping operations; resin blend tanks; resin centrifuges; resin
dryers; resin product separators; recovery devices; reactant and raw
material charge vessels and tanks, holding tanks, mixing and weighing
tanks; finished resin product storage vessels or storage silos;
finished resin product loading operations; connected ducts and piping;
equipment including pumps, compressors, agitators, pressure relief
devices, sampling connection systems, open-ended valves or lines,
valves and connectors and instrumentation systems.
    Polyvinyl chloride copolymer means a synthetic thermoplastic
polymer that is derived from the simultaneous polymerization of vinyl
chloride and one or more additional monomers. The additional monomers
are reactive with vinyl chloride and become part of the polymer chain.
Additives used in polyvinyl chloride copolymer polymerization for
stabilization and/or particle size control are not as reactive, do not
become part of the polymer chain, and are not considered to be monomers
in the polymerization process. Polyvinyl chloride copolymer is produced
by different processes, including, but not limited to, suspension
process, dispersion process, and suspension blending process.
    Polyvinyl chloride homopolymer means a synthetic thermoplastic
polymer that is derived from the polymerization of vinyl chloride and
has the general chemical structure (-H2CCHCl-)n. Polyvinyl chloride
homopolymer is typically a white powder or colorless granule. Polyvinyl
chloride homopolymer is produced by different processes, including, but
not limited to, suspension process, dispersion process, suspension
blending process, and bulk process.
* * * * *
    Process component means any unit operation or group of unit
operations or any part of a process or group of parts of a process that
are assembled to perform a specific function (e.g., polymerization
reactor, dryers, etc.). Process components include equipment, pressure
vessels, process condensers, process tanks, recovery devices, and

resin strippers, as defined in this section.
    Process condenser means a condenser whose primary purpose is to
recover material as an integral part of a batch or continuous process.
All condensers recovering condensate from a batch or continuous process
at or above the boiling point or all condensers in line prior to a
vacuum source are considered process condensers. Typically, a primary
condenser or condensers in series are considered to be integral to the
batch or continuous regulated process if they are capable of and
normally used for the purpose of recovering chemicals for fuel value
(i.e., net positive heating value), use, reuse or for sale for fuel
value, use or reuse. This definition does not apply to a condenser that
is used to remove materials that would hinder performance of a
downstream recovery device as follows:
    (1) To remove water vapor that would cause icing in a downstream
condenser.
    (2) To remove water vapor that would negatively affect the
adsorption capacity of carbon in a downstream carbon adsorber.
    (3) To remove high molecular weight organic compounds or other
organic compounds that would be difficult to remove during regeneration
of a downstream adsorber.
* * * * *
    Process vent means a vent stream that is the result of the
manifolding of each and all batch process vent, continuous process
vent, or miscellaneous vent resulting from the affected facility into a
closed vent system and into a common header that is routed to a control
device. The process vent standards apply at the outlet of the control
device. A process vent is either a PVC process vent or a PVC-combined
process vent.
* * * * *
    Product means a polymer produced using vinyl chloride monomer and
varying in additives (e.g., initiators, terminators, etc.); catalysts;
or in the relative proportions of vinyl chloride monomer with one or
more other monomers, and that is manufactured by a process unit. With
respect to polymers, more than one recipe may be used to produce the
same product, and there can be more than one grade of a product.
Product also means a chemical that is not a polymer, which is
manufactured by a process unit. By-products, isolated intermediates,
impurities, wastes, and trace contaminants are not considered products.
    PVC-combined process vent means a process vent that originates from
a PVCPU and is combined with one or more process vents originating from
the production of vinyl chloride monomer or ethylene dichloride prior
to being controlled or emitted to the atmosphere. A vent stream
originating from process components associated with the stripped resin
downstream of the resin stripper (e.g., dryers, centrifuges, filters)
is not considered a PVC-combined process vent.
    PVC process vent means a process vent that originates from a PVCPU
and is not combined with one or more process vents originating from the
production of vinyl chloride monomer or ethylene dichloride prior to
being controlled or emitted to the atmosphere. A vent stream
originating from process components associated with the stripped resin
downstream of the resin stripper (e.g., dryers, centrifuges, filters)
is not considered a PVC process vent.
* * * * *
    Repaired, for the purposes of this subpart, means equipment that is
adjusted or otherwise altered to eliminate a leak as defined in the
applicable sections of this subpart; and unless otherwise specified in
applicable provisions of this subpart or other subpart referenced by
this subpart, is inspected as specified in Sec.  63.11930(f) to verify
that emissions from the equipment are below the applicable leak
definition.
* * * * *
    Total non-vinyl chloride organic HAP means, for the purposes of
this subpart, the sum of the measured concentrations of each HAP, as
calculated according to the procedures specified in Sec. Sec.
63.11960(f) and 63.11980(b) or the sum of the mass emission rates of
each HAP, as calculated according to the procedures specified in Sec.
63.11960(h).
    Type of resin means the broad classification of PVC homopolymer and
copolymer resin referring to the basic manufacturing process for
producing that resin, including, but not limited to, suspension,
dispersion, suspension blending, and bulk.
    Vapor balancing system means:
    (1) A piping system that collects HAP vapors displaced from
transport vehicles (i.e., railcar, tank truck, barge) during storage
vessel loading and routes the collected vapors to the storage vessel
from which the HAP being loaded originated or to another storage vessel
connected to a common header, without emissions to the atmosphere; or
    (2) A piping system that collects HAP vapors displaced from the
loading of a storage vessel and routes the collected vapors to the
transport vehicle from which the storage vessel is filled, without
emissions to the atmosphere.
* * * * *
0
32. Table 1 to subpart HHHHHHH of part 63 is amended by revising the
table heading and row 1.a to read as follows:

Table 1 to Subpart HHHHHHH of Part 63--Emission Limits and Standards for Existing Affected Sources not Complying
                                             With Sec.   63.11880(D)
----------------------------------------------------------------------------------------------------------------
                                                                  And for an affected
For this type of emission point . . .      And for this air      source producing this      You must meet this
                                           pollutant . . .      type of PVC resin . . .    emission limit . . .
----------------------------------------------------------------------------------------------------------------
1. PVC process vents \a\.............  a. Vinyl chloride......  All resin types........  6.0 parts per million
                                                                                by volume (ppmv).

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Emission limits at 3 percent oxygen, dry basis.

* * * * *
0
33. Table 1b to subpart HHHHHHH of part 63 is added to read as follows:

  Table 1B to Subpart HHHHHHH of Part 63--Emission Limits and Standards for Existing Affected Sources Complying
                                             With Sec.   63.11880(D)
----------------------------------------------------------------------------------------------------------------
                                                               And for an affected
For this type of emission point . .     And for this air      source producing this  You must meet this emission
                 .                       pollutant . . .      type of PVC resin . .          limit . . .
                                                                        .
----------------------------------------------------------------------------------------------------------------
1. PVC process vents \a\...........  a. Vinyl chloride.....  All resin types.......  0.85 ppmv.
                                     b. Total hydrocarbons.  All resin types.......  5.1 ppmv measured as
                                                                                propane.
                                     c. Total organic HAP    All resin types.......  22 ppmv.
                                      \b\.
                                     d. Hydrogen chloride..  All resin types.......  0.64 ppmv.
                                     e. Dioxins/furans       All resin types.......  0.035 ng/dscm.
                                      (toxic equivalency
                                      basis).
2. PVC-combined process vents \a\..  a. Vinyl chloride.....  All resin types.......  0.85 ppmv.
                                     b. Total hydrocarbons.  All resin types.......  9.1 ppmv measured as
                                                                                propane.
                                     c. Total organic HAP    All resin types.......  9.7 ppmv.
                                      \b\.
                                     d. Hydrogen chloride..  All resin types.......  3.9 ppmv.
                                     e. Dioxins/furans       All resin types.......  0.68 ng/dscm.
                                      (toxic equivalency
                                      basis).
3. Stripped resin..................  a. Vinyl chloride.....  i. Bulk resin.........  7.1 ppmw; or 0.0071 grams
                                                                                per kilogram of product
                                                                                resin, dry basis (g/
                                                                                kg).\c\
                                                             ii. Dispersion resin..  1300 ppmw; or 1.3 g/kg.\c\
                                                             iii. Suspension resin.  37 ppmw; or 0.037 g/kg.\c\
                                                             iv. Suspension          140 ppmw; or 0.14 g/kg.\c\
                                                              blending resin.
                                                             v. Copolymer resin....  790 ppmw; or 0.79 g/kg.\c\
                                     b. Total non-vinyl      i. Bulk resin.........  170 ppmw; or 0.17 g/kg.\c\
                                      chloride organic HAP.
                                                             ii. Dispersion resin..  240 ppmw; or 0.24 g/kg.\c\
                                                             iii. Suspension resin.  670 ppmw; or 0.67 g/kg.\c\
                                                             iv. Suspension          500 ppmw; or 0.50 g/kg.\c\
                                                              blending resin.
                                                             v. Copolymer resin....  1900 ppmw; or 1.9 g/kg.\c\
4. Process Wastewater..............  a. Vinyl chloride.....  All resin types.......  0.73 ppmw.
----------------------------------------------------------------------------------------------------------------
\a\ Emission limits at 3 percent oxygen, dry basis.
\b\ Total organic HAP is alternative compliance limit for THC.
\c\ If you elect to comply with the g/kg alternative mass emission limit for resins, you must comply with the
  requirements specified in Sec.   63.11960(b)(2).

0
34. Table 2 to subpart HHHHHHH of part 63 is amended by revising the
table heading and rows 1.a, 2.e, and 3.a.i. to read as follows:

Table 2 to Subpart HHHHHHH of Part 63--Emission Limits and Standards for New Affected Sources not Complying With
                                               Sec.   63.11880(D)
----------------------------------------------------------------------------------------------------------------
                                                                  And for an affected
For this type of emission point . . .      And for this air      source producing this      You must meet this
                                           pollutant . . .      type of PVC resin . . .    emission limit . . .
----------------------------------------------------------------------------------------------------------------
1. PVC process vents \a\.............  a. Vinyl chloride......  All resin types........  0.56 ppmv.

                                                  * * * * * * *
2. PVC-combined process vents \a\....                                   * * * *
                                       e. Dioxins/furans        All resin types........  0.034 ng/dscm.
                                        (toxic equivalency
                                        basis).
3. Stripped resin....................  a. Vinyl chloride......  i. Bulk resin..........  7.1 ppmw.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Emission limits at 3 percent oxygen, dry basis.

* * * * *
0
35. Table 2b to subpart HHHHHHH of part 63 is added to read as follows:

  Table 2B to Subpart HHHHHHH of Part 63--Emission Limits and Standards for New Affected Sources Complying With
                                               Sec.   63.11880(D)
----------------------------------------------------------------------------------------------------------------
                                                                  And for an affected
For this type of emission point . . .      And for this air      source producing this      You must meet this
                                           pollutant . . .      type of PVC resin . . .    emission limit . . .
----------------------------------------------------------------------------------------------------------------
1. PVC process vents \a\.............  a. Vinyl chloride......  All resin types........  0.85 ppmv.
                                       b. Total hydrocarbons..  All resin types........  2.2 ppmv measured as
                                                                                propane.
                                       c. Total organic HAP     All resin types........  1.3 ppmv.
                                        \b\.
                                       d. Hydrogen chloride...  All resin types........  0.17 ppmv.
                                       e. Dioxins/furans        All resin types........  0.035 ng/dscm.
                                        (toxic equivalency
                                        basis).
2. PVC-combined process vents \a\....  a. Vinyl chloride......  All resin types........  0.85 ppmv.
                                       b. Total hydrocarbons..  All resin types........  2.2 ppmv measured as
                                                                                propane.
                                       c. Total organic HAP     All resin types........  5.9 ppmv.
                                        \b\.
                                       d. Hydrogen chloride...  All resin types........  1.4 ppmv.
                                       e. Dioxins/furans        All resin types........  0.051 ng/dscm.
                                        (toxic equivalency
                                        basis).
3. Stripped resin....................  a. Vinyl chloride......  i. Bulk resin..........  7.1 ppmw; or 0.0071 g/
                                                                                kg.\c\
                                                                ii. Dispersion resin...  480 ppmw; or 0.48 g/
                                                                                kg.\c\
                                                                iii. Suspension resin..  7.3 ppmw; or 0.0073 g/
                                                                                kg.\c\
                                                                iv. Suspension blending  140 ppmw; or 0.14 g/
                                                                 resin.                   kg.\c\
                                                                v. Copolymer--all resin  790 ppmw; or 0.79 g/
                                                                 types.                   kg.\c\
                                       b. Total non-vinyl       i. Bulk resin..........  170 ppmw; or 0.17 g/
                                        chloride organic HAP.                             kg.\c\
                                                                ii. Dispersion resin...  66 ppmw; or 0.066 g/
                                                                                kg.\c\
                                                                iii. Suspension resin..  15 ppmw; or 0.015 g/
                                                                                kg.\c\
                                                                iv. Suspension blending  500 ppmw; or 0.50 g/
                                                                 resin.                   kg.\c\
                                                                v. Copolymer resin.....  1900 ppmw; or 1.9 g/
                                                                                kg.\c\
4. Process Wastewater................  a. Vinyl chloride......  All resin types........  0.57 ppmw.
----------------------------------------------------------------------------------------------------------------
\a\ Emission limits at 3 percent oxygen, dry basis.
\b\ Total organic HAP is alternative compliance limit for THC.
\c\ If you elect to comply with the g/kg alternative mass emission limit for resins, you must comply with the
  requirements specified in Sec.   63.11960(b)(2).

0
36. Table 3 to subpart HHHHHHH of part 63 is revised to read as
follows:

 Table 3 to Subpart HHHHHHH of Part 63--Summary of Control Requirements for Storage Vessels at New and Existing
                                                     Sources
----------------------------------------------------------------------------------------------------------------
                                            And the vapor
 If the storage vessel capacity (gallons)   pressure \a\
                 is . . .                   (psia) is . .                 Then, you must use . . .
                                                  .
----------------------------------------------------------------------------------------------------------------
>=20,000 but <40,000.....................             >=4  an internal or external floating roof storage vessel
                                                            and meet the requirements in Sec.   63.11910(b) or a
                                                            fixed roof storage vessel vented to a closed vent
                                                            system and control device achieving 95 weight
                                                            percent HAP reduction and meet the requirements of
                                                            Sec.   63.11910(d).
>=40,000.................................          >=0.75
Any capacity.............................           >11.1  a pressure vessel and meet the requirements of Sec.
                                                            63.11910(c).
----------------------------------------------------------------------------------------------------------------
All other capacity and vapor pressure combinations.......  a fixed roof and meet the requirements of Sec.
                                                            63.11910(a).
----------------------------------------------------------------------------------------------------------------
\a\ Maximum true vapor pressure.

0
37. Table 4 to subpart HHHHHHH of part 63 is amended by revising the
entries for ``Sec.  63.10(b)(2)(ii)'' and ``Sec.  63.10(c)(10),''
removing the entry ``63.10(c)(11), (c)(12)'' and adding the entry
``Sec.  63.10(c)(11), (c)(12)'' in its place, and revising the entry
``Sec.  63.10(d)(5)'' to read as follows:

            Table 4 to Subpart HHHHHHH of Part 63--Applicability of the General Provisions to Part 63
----------------------------------------------------------------------------------------------------------------
                                                                           Applies to subpart
               Citation                             Subject                      HHHHHHH              Comment
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Sec.   63.10(b)(2)(ii)................  Recordkeeping of malfunctions.  No......................  ..............

                                                  * * * * * * *
Sec.   63.10(c)(10)...................  Recording nature and cause of   No......................  ..............
                                         malfunctions.

Sec.   63.10(c)(11), (c)(12)..........  Recording corrective actions..  No......................  ..............

                                                  * * * * * * *
Sec.   63.10(d)(5)....................  SSM reports...................  No......................  ..............

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

0
38. Table 5 to subpart HHHHHHH of part 63 is amended by:
0
a. Removing the entry for ``Flow to/from the control device'' and
adding the entry ``Presence or absence of flow to/from the control
device if flow could be intermittent'' in its place;
0
b. Revising the entries for ``Regeneration stream flow'' and ``Adsorber
bed temperature'' (both entries);
0
c. Removing the entry ``Vacuum and duratio of regeneration'' and adding
the entry ``Vacuum and duration of regeneration'' in its place;
0
d. Revising the entries ``Regeneration frequency,'' ``Adsorber
operation valve sequencing and cycle time,'' ``Average adsorber bed
life,'' and ``Outlet VOC concentration of the first adsorber bed in
series.''
    The additions and revisions read as follows:

Table 5 to Subpart HHHHHHH of Part 63--Operating Parameters, Operating Limits and Data Monitoring, Recording and
                                    Compliance Frequencies for Process Vents
----------------------------------------------------------------------------------------------------------------
                                     Establish the      Monitor, record, and demonstrate continuous compliance
                                       following                    using these minimum frequencies
 For these control devices, you     operating limit  -----------------------------------------------------------
  must monitor these operating        during your
        parameters . . .                initial                                                 Data averaging
                                  performance test .   Data measurement     Data recording        period for
                                          . .                                                     compliance
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Presence or absence of flow to/   Indication of       Episodic..........  Date and time when  Time period
 from the control device if flow   absence of flow--                       flow stops during   between flow stop
 could be intermittent.            note that absence                       process operation   and start.
                                   of flow can be                          and when flow
                                   determined when                         begins after
                                   process is not                          stopping during
                                   operating using                         process operation.
                                   simulated flow.

                                                  * * * * * * *
Regeneration stream flow........  Minimum total flow  Continuous........  Every 15 minutes..  Total flow for
                                   per regeneration                                            each regeneration
                                   cycle.                                                      cycle.
Adsorber bed temperature........  Maximum             Continuously after  Every 15 minutes    3-hour block
                                   temperature.        regeneration and    after               average.
                                                       within 15 minutes   regeneration and
                                                       of completing any   within 15 minutes
                                                       temperature         of completing any
                                                       regulation.         temperature
                                                                           regulation.
Adsorber bed temperature........  Minimum             Continuously        Every 15 minutes    Average of
                                   temperature.        during              during              regeneration
                                                       regeneration        regeneration        cycle.
                                                       except during any   cycle.
                                                       temperature
                                                       regulating
                                                       portion of the
                                                       regeneration
                                                       cycle.
Vacuum and duration of            Minimum vacuum and  Continuous........  Every 15 minutes    Average vacuum and
 regeneration.                     period of time                          during              duration of
                                   for regeneration.                       regeneration        regeneration.
                                                                           cycle.
Regeneration frequency..........  Minimum             Continuous........  Date and time of    Date and time of
                                   regeneration                            regeneration        regeneration
                                   frequency and                           start and stop.     start and stop.
                                   duration.
Adsorber operation valve          Correct valve       Daily.............  Daily.............  Daily
 sequencing and cycle time.        sequencing and
                                   minimum cycle
                                   time.

                                                  * * * * * * *
Average adsorber bed life.......  Adsorber bed        Daily until         Outlet VOC          Average time for
                                   change-out time     breakthrough for    concentration.      three adsorber
                                   [N/A for initial    three adsorber                          bed change-outs
                                   performance test].  bed change-outs.
Outlet VOC concentration of the   Limits in Table 1,  Daily, except       Outlet VOC          Daily, weekly, or
 first adsorber bed in series.     1b, 2, or 2b of     monthly (if more    concentration.      monthly.
                                   this subpart.       than 2 months bed
                                                       life remaining)
                                                       or weekly (if
                                                       more than 2 weeks
                                                       bed life
                                                       remaining).

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

0
39. Table 8 to subpart HHHHHHH of part 63 amended by revising the
heading to the first column and row 6.c to read as follows:

    Table 8 to Subpart HHHHHHH of Part 63--Methods and Procedures for
             Conducting Performance Tests for Process Vents
------------------------------------------------------------------------
 For each control device used
 to meet the emission limit in
 Table 1, 1b, 2, or 2b to this      You must . . .         Using . . .
   subpart for the following
        pollutant . . .
------------------------------------------------------------------------

                              * * * * * * *
6. Any pollutant from a                         * * * * *
 continuous, batch, or
 combination of continuous and
 batch process vent(s).
                                c. Conduct gas          Method 3, 3A, or
                                 molecular weight        3B at 40 CFR
                                 analysis and correct    part 60,
                                 concentrations the      appendix A-2,
                                 specified percent       using the same
                                 oxygen in Table 1,      sampling site
                                 1b, 2, or 2b to this    and time as HAP
                                 subpart.                samples.

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

* * * * *
0
40. Table 9 to subpart HHHHHHH of part 63 is amended by revising rows 3
and 4 to read as follows:

     Table 9 to Subpart HHHHHHH of Part 63--Procedures for Conducting Sampling of Stripped Resin and Process
                                                   Wastewater
----------------------------------------------------------------------------------------------------------------
                                                                   Collect samples according to the following
                                          For the following                      schedule . . .
                                         emission points and   -------------------------------------------------
       For demonstrating . . .          types of processes . .                               Total non-vinyl
                                                  .               Vinyl chloride . . .    chloride organic HAP .
                                                                                . .
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
3. Initial compliance................  N/A....................  1 grab or composite      1 grab or composite
                                                                 sample.                  sample.
4. Continuous compliance.............  N/A....................  1 grab or composite      1 grab or composite
                                                                 sample per month.        sample per month.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2020-23387 Filed 11-6-20; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: September 20, 2010 (Volume 75, Number 181)]
[Notices]
[Page 57266-57267]
[DOCID:fr20se10-39]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project Nos. 1975-102 and P-2061-086]

Idaho Power Company; Notice of Application for Amendment of
License and Soliciting Comments, Motions to Intervene, and Protests

September 13, 2010.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Amendment of license to amend project
operation from run-of-river to load-following.
    b. Project Nos.: 1975-102 and P-2061-086.
    c. Date Filed: May 11, 2010 and May 5, 2010.
    d. Applicant: Idaho Power Company.
    e. Name of Project: Bliss (P-1975) and Lower Salmon Falls (P-2061).
    f. Location: The Bliss Project (P-1975) is located on the Snake
River in Gooding, Twin Falls and Elmore Counties, Idaho. The Lower
Salmon Falls Project (P-2061) is located on the Snake River in Gooding
and Twin Falls Counties, Idaho. Both projects occupy lands managed by
the Bureau of Land Management. The Lower Salmon Falls

project also occupies lands within the Hagerman Fossil Beds National
Monument managed by the National Park Service.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a--825r.
    h. Applicant Contact: Nathan F. Gardiner, Idaho Power Company, 1221
West Idaho Street, P.O. Box 70, Boise, Idaho 83707-0070; telephone
(208) 388-2975.
    i. FERC Contact: Andrea Claros, telephone:<PHONE_NUMBER>, and e-
mail address<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene and protests:
October 13, 2010.
    Comments, protests, and interventions may be filed electronically
via the Internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site (http://www.ferc.gov/
docs-filing/efiling.asp). Commenters can submit brief comments up to
6,000 characters, without prior registration, using the eComment system
(http://www.ferc.gov/docs-filing/ecomment.asp) and must include name
and contact information at the end of comments. The Commission strongly
encourages electronic filings.
    All documents (original and eight copies) filed by paper should be
sent to: Secretary, Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426. Please include the project numbers
(P-1975-102 and P-2061-086) on any comments or motions filed.
    The Commission's Rules of Practice and Procedure require all
interveners filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervener files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency. A copy
of any motion to intervene must also be served upon each representative
of the Applicant specified in the particular application.
    k. Description of Request: After the completion of a six-year study
on the effects of load-following operation on the federally threatened
Bliss Rapids snail, Idaho Power Company (licensee) is proposing to
amend Article 401 of the licenses for the Bliss and Lower Salmon Falls
Hydroelectric Projects to implement load-following operation rather
than run-of-river operation. For the Bliss Project, the licensee
proposes a minimum flow of 4,500 cubic feet per second (cfs), a hourly
tailwater ramp rate of 3 feet per hour, a daily tailwater ramp rate of
6 feet per day and a headwater fluctuation limit of 2 feet from full
pool. For the Lower Salmon Falls Project, the licensee proposes a
minimum flow of 3,500 cfs, a hourly tailwater ramp rate of 2.5 feet per
hour, a daily tailwater ramp rate of 5 feet per day and a headwater
fluctuation limit of 2 feet from full pool. These limits were
previously proposed by the licensee prior to the issuance of the
project licensees in 2004.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street, NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. You may also
register online at http://www.ferc.gov/docs-filing/esubscription.asp to
be notified via e-mail of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Any filings must bear in all capital letters the title
``COMMENTS'', ``PROTEST'', or ``MOTION TO INTERVENE'', as applicable,
and the Project Number of the particular application to which the
filing refers.
    p. Agency Comments: Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-23365 Filed 9-17-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 52 (Thursday, March 17, 2016)]
[Notices]
[Pages 14495-14497]
[FR Doc No: 2016-05974]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77350; File No. SR-BX-2016-014]

Self-Regulatory Organizations; NASDAQ BX, Inc.; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange
Rule 7018

March 11, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1 \ and Rule 19b-4 thereunder,\2 \ notice is hereby given
that on February 29, 2016, NASDAQ BX, Inc. (``BX'' or ``Exchange'')
filed with the Securities and Exchange Commission (``SEC'' or
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend the fee schedule under Exchange Rule
7018(a) with respect to execution and routing of orders in securities
priced at $1 or more per share.
    This filing is being made for immediate effectiveness and will
become operative March 1, 2016.
    The text of the proposed rule change is also available on the
Exchange's Web site at http://nasdaqomxbx.cchwallstreet.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 Exchange 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 these 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 aspects 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 the fee schedule under BX Rule
7018(a), relating to fees and credits provided for orders in securities
priced and $1 or more per share that execute on BX.
    Under BX Rule 7018(a), the Exchange provides credits to member
firms that access liquidity on BX. The Exchange is proposing to
eliminate two credit tiers, as well as to amend the criteria of two
other credit tiers, each for orders that access liquidity (excluding
orders with midpoint pegging and excluding orders that receive price
improvement and execute against an order with midpoint pegging).
    Specifically, the first eliminated credit tier is for a member that
adds and accesses liquidity equal to or exceeding 0.50% of total
consolidated volume (``TCV'') during a month to receive a credit of
$0.0017 per share executed. The second eliminated credit tier is for a
member that accesses liquidity equal to or exceeding 0.05% of TCV
during a month to receive a credit of $0.0008 per share executed.
    Members that previously would have qualified under the eliminated
tiers may continue to qualify for and receive either an equal or higher
credit. Specifically, members that previously qualified for the credit
of $0.0017 per share executed for adding and accessing liquidity equal
to or exceeding 0.50% of TCV during a month may still receive the same
credit, but for meeting the lower TCV threshold and through solely
accessing liquidity (no longer includes adding liquidity) equal to or
exceeding 0.20% of TCV during a month. Otherwise, members may receive a
lower credit. For [sic] members that previously qualified for the
credit of $0.0008 per share executed for accessing liquidity equal to
or exceeding 0.05% of TCV during a month will receive a higher credit
of $0.0015 per share executed for meeting the same monthly threshold.
    The first amended credit tier reduces the threshold to qualify for
a credit of $0.0016 per share executed. The current threshold requires
a member to access liquidity equal to or exceeding 0.15% of TCV during
a month. The proposed rule change lowers this threshold for a member to
access liquidity equal to or

exceeding 0.10% of TCV during a month.
    The second amended credit tier reduces the threshold to qualify for
a credit of $0.0015 per share executed. The current threshold requires
a member to access liquidity equal to or exceeding 0.09% of TCV during
a month. The proposed rule change lowers this threshold for a member to
access liquidity equal to or exceeding 0.05% of TCV during a month.
    Additionally, the Exchange is proposing to eliminate the fee of
$0.0014 per share executed for displayed orders entered by a member
that adds and accesses liquidity equal to or exceeding 0.50% of TCV
during a month.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\3\ in general, and furthers the objectives of Sections
6(b)(4) and 6(b)(5) of the Act,\4\ in particular, in that it provides
for the equitable allocation of reasonable dues, fees and other charges
among members and issuers and other persons using its facilities which
the Exchange operates or controls, and is not designed to permit unfair
discrimination between customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78f(b).
    \4\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Commission and the courts have repeatedly expressed their
preference for competition over regulatory intervention in determining
prices, products, and services in the securities markets. In Regulation
NMS, while adopting a series of steps to improve the current market
model, the Commission highlighted the importance of market forces in
determining prices and SRO revenues and, also, recognized that current
regulation of the market system ``has been remarkably successful in
promoting market competition in its broader forms that are most
important to investors and listed companies.'' \5\ Likewise, in
NetCoalition v. Securities and Exchange Commission \6\
(``NetCoalition'') the DC Circuit upheld the Commission's use of a
market-based approach in evaluating the fairness of market data fees
against a challenge claiming that Congress mandated a cost-based
approach.\7\ As the court emphasized, the Commission ``intended in
Regulation NMS that `market forces, rather than regulatory
requirements' play a role in determining the market data . . . to be
made available to investors and at what cost.'' \8\
---------------------------------------------------------------------------

    \5\ Securities Exchange Act Release No. 34-51808 (June 9, 2005).
    \6\ NetCoalition v. SEC 615 F.3d 525 (D.C. Cir. 2010).
    \7\ Id. at 534-535.
    \8\ Id. at 537.
---------------------------------------------------------------------------

    Further, ``[n]o one disputes that competition for order flow is
`fierce.' . . . As the SEC explained, `[i]n the U.S. national market
system, buyers and sellers of securities, and the broker-dealers that
act as their order-routing agents, have a wide range of choices of
where to route orders for execution'; [and] `no exchange can afford to
take its market share percentages for granted' because `no exchange
possesses a monopoly, regulatory or otherwise, in the execution of
order flow from broker dealers' . . . .'' \9\
---------------------------------------------------------------------------

    \9\ Id. at 539 (quoting ArcaBook Order, 73 FR at 74782-74783).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change to eliminate
two credit tiers, as well as to amend the criteria of two other credit
tiers, each for orders that access liquidity (excluding orders with
midpoint pegging and excluding orders that receive price improvement
and execute against an order with midpoint pegging), are reasonable
because they refine the opportunities for market participants to
receive credits for participation on BX and are designed to incentivize
changes in market participant behavior to the benefit of the market
overall [sic].
    Specifically, the proposed rule change eliminates the credit tier
for a member that adds and accesses liquidity equal to or exceeding
0.50% of TCV during a month to receive a credit of $0.0017 per share
executed. Additionally, the proposed rule change eliminates the credit
tier for a member that accesses liquidity equal to or exceeding 0.05%
of TCV during a month to receive a credit of $0.0008 per share
executed.
    The proposed rule change to the criteria for a member that accesses
liquidity to receive a credit of $0.0016 per share executed, lowers the
TCV threshold during a month from equal to or exceeding 0.15% to equal
to or exceeding 0.10%. Similarly, the proposed rule change to the
criteria for a member that accesses liquidity to receive a credit of
$0.0015 per share executed, lowers the TCV threshold during a month
from equal to or exceeding 0.09% to equal to or exceeding 0.05%. The
Exchange believes that the proposed rule change to lower the threshold
in each of these instances is reasonable since it makes it easier for a
member to qualify for the respective credit and will provide the
opportunity for more firms to attain the tier and further incentivize
participation in the market.
    The Exchange also believes that the proposed elimination of the two
credit tiers, coupled with the amending of two other credit tiers as
stated above, are [sic] reasonable because the overall effect is to
improve market quality by providing better targeted incentives to
market participants to access beneficial displayed liquidity. To
achieve this, the Exchange must, from time to time, adjust the levels
of credits and the related qualification requirements in reaction to
market behavior. In the present case, the Exchange is proposing to
eliminate two credit tiers and amend two other credit tiers. The
Exchange believes that the proposed changes are reasonable because it
is [sic] reflective of the Exchange's desire to make BX an attractive
venue to any member organization that is willing to access displayed
liquidity. BX wants to further incentivize member firms to participate
in the Exchange by removing liquidity and believes these refinements
are a means to that end.
    The Exchange believes that the proposed elimination of the two
credit tiers, coupled with the amending of the two other credit tiers
as stated above, are consistent with an equitable allocation of fees
and are not unfairly discriminatory because they apply to all members
that access displayed liquidity through BX and meet the criteria of the
credit tier [sic]. In addition, the Exchange believes the elimination
of the two credit tiers is consistent with an equitable allocation of
fees and are [sic] is not unfairly discriminatory because members that
previously would have qualified under the eliminated tiers may continue
to qualify for and receive either an equal or higher credit (although
they may instead qualify for a lower credit as stated previously).
Additionally, the Exchange will provide the same credits to all
similarly situated members that achieve the level of TCV required by
the amended tiers.
    BX believes that elimination of the fee of $0.0014 per share
executed for displayed orders entered by a member that adds and
accesses liquidity equal to or exceeding 0.50% of TCV during a month is
reasonable because eliminating the fee may still allow a member the
opportunity to qualify for this same fee if the displayed order is
entered by a Qualified Market Maker (``QMM'') (as described in BX Rule
7018(a)). Also, even if the member is not a QMM, the member remains
eligible to receive other fees lower than the base fee rate of $0.0020
per share executed.
    The Exchange also believes that this proposed rule change is an
equitable allocation of fees and is not unfairly discriminatory because
the removal of

this fee will help the Exchange offset the payment of credits to other
members and maintain an overall balance between the payment of credits
and collection of fees, all in an effort to encourage liquidity on the
market and to the benefit of market participants. BX also believes this
proposed rule change is an equitable allocation of fees and is not
unfairly discriminatory because the Exchange will apply the elimination
of this fee equally to all similarly situated members. Additionally,
the elimination of this fee combined with the elimination and amending
of the credit tiers are [sic] evidence that the current fee and credit
combinations did not have the intended effect of increasing activity so
the Exchange is pursuing other avenues of credit and fee combinations.
    Finally, BX notes that it operates in a highly competitive market
in which market participants can readily favor competing venues if they
deem fee levels at a particular venue to be excessive or credit
opportunities available at other venues to be more favorable. In such
an environment, BX must continually adjust its fees and credits to
remain competitive with other exchanges and with alternative trading
systems that have been exempted from compliance with the statutory
standards applicable to exchanges. The changes reflect this environment
because they are designed to incentivize changes in market participant
behavior to the benefit of the market overall.

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

    The Exchange does not believe that the proposed rule change will
result in a burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act, as amended.\10\ In terms of
inter-market competition, the Exchange notes that it operates in a
highly competitive market in which market participants can readily
favor competing venues if they deem fee levels at a particular venue to
be excessive, or credit opportunities available at other venues to be
more favorable. In such an environment, the Exchange must continually
adjust its fees and credits to remain competitive with other exchanges
and with alternative trading systems that have been exempted from
compliance with the statutory standards applicable to exchanges.
Because competitors are free to modify their own fees and credits in
response, and because market participants may readily adjust their
order routing practices, the Exchange believes that the degree to which
fee changes in this market may impose any burden on competition is
extremely limited. In this instance, the proposed eliminated and
amended credit tiers, as well as the eliminated fee, are subject to
extensive competition both from other exchanges and from off-exchange
venues.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    In sum, if the changes proposed herein are unattractive to market
participants, it is likely that the Exchange will lose market share as
a result. Accordingly, the Exchange does not believe that the proposed
changes will impair the ability of members or competing order execution
venues to maintain their competitive standing in the financial markets.

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

    No written comments were either solicited or received.

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

    The foregoing change has become effective pursuant to Section
19(b)(3)(A) of the Act \11\ and paragraph (f) of Rule 19b-4 \12\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b)(3)(A).
    \12\ 17 CFR 140.19n-4(f).
---------------------------------------------------------------------------

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-BX-2016-014 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-BX-2016-014. 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 the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; 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-BX-2016-014, and should be
submitted on or before April 7, 2016.
---------------------------------------------------------------------------

    \13\17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
Lynn M. Powalski,
Deputy Secretary.
[FR Doc. 2016-05974 Filed 3-16-16; 8:45 am]
 BILLING CODE 8011-01-P