[Federal Register: December 4, 2009 (Volume 74, Number 232)]
[Rules and Regulations]
[Page 63613-63616]
[DOCID:fr04de09-24]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-RO4-OAR-2009-0793; FRL-9089-2]

Approval of Section 112(l) Authority for Hazardous Air
Pollutants; Equivalency by Permit Provisions; National Emission
Standards for Hazardous Air Pollutants; Plywood and Composite Wood
Products

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On August 26, 2003, the EPA published in the Federal Register
a direct final rule to approve the North Carolina Department of
Environment and Natural Resource's (NC DENR) equivalency by permit
program, pursuant to section 112(l) of the Clean Air Act, to implement
and enforce State permit terms and conditions that substitute for the
National Emissions Standards for Hazardous Air Pollutants from the pulp
and paper industry for the International Paper Riegelwood mill in
Riegelwood, North Carolina. Then, on April 12, 2004, the EPA published
in the Federal Register a direct final rule to amend the August 26,
2003, direct final rule in order to extend its coverage to include an
additional four mills in North Carolina. This action is taken to once
again amend the August 26, 2003, direct final rule in order to expand
the NC DENR equivalency by permit program coverage to include all 32
sources in North Carolina subject to the plywood and composite wood
products rule.

DATES: This direct final rule is effective February 2, 2010 without
further notice, unless EPA receives adverse comment by January 4, 2010.
If adverse comment is received, EPA will publish a timely withdrawal of
the direct final rule in the Federal Register and inform the public
that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-RO4-
OAR-2009-0793 by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: ``EPA-R04-OAR-2009-0793'', Air Toxics Assessment and
Implementation Section, Air Toxics and Monitoring Branch, Air
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960.
    5. Hand Delivery or Courier: Lee Page, Air Toxics and Monitoring
Branch, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are only
accepted during the Regional Office's normal hours of operation. The
Regional Office's official hours of business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-RO4-OAR-
2009-0793. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit through http://
www.regulations.gov or e-mail, information that you consider to be CBI
or otherwise protected. The http://www.regulations.gov Web site is an
``anonymous access'' systems, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA

Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://
www.regulations.gov or in hard copy at the Air Toxics Assessment and
Implementation Section, Air Toxics and Monitoring Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960. EPA requests that if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lee Page, Air Toxics Assessment and
Implementation Section, Air Toxics and Monitoring Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960. The telephone number is<PHONE_NUMBER>. Mr. Page can also
be reached via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On April 15, 1998, the Environmental Protection Agency (EPA)
promulgated the National Emission Standards for Hazardous Air
Pollutants from the Pulp and Paper Industry (see 63 FR 18504) which was
codified in 40 CFR part 63, subpart S, ``National Emission Standards
for Hazardous Air Pollutants from the Pulp and Paper Industry.''
Subsequently, on January 12, 2001, EPA promulgated the National
Emission Standard for Hazardous Air Pollutants from the Pulp and Paper
Industry (see 66 FR 3180) which has been codified in 40 CFR part 63,
subpart MM, ``National Emission Standards for Chemical Recovery
Combustion Sources at Kraft, Soda, Sulfite and Stand-alone Semi-
chemical Pulp Mills.''
    On March 4, 2003, the North Carolina Department of Environment and
Natural Resources (NC DENR) requested approval of their program to
implement and enforce approved alternative title V permit terms and
conditions for certain sources in place of the otherwise applicable
requirements of subpart S and subpart MM under the equivalency by
permit process outlined in 40 CFR section 63.94.
    On August 26, 2003, the EPA published in the Federal Register a
direct final rule to approve the NC DENR equivalency by permit program,
pursuant to section 112(l) of the Clean Air Act, to implement and
enforce State permit terms and conditions that substitute for subpart S
and subpart MM, for the International Paper Riegelwood Mill in
Riegelwood, North Carolina.
    On February 6, 2004, NC DENR requested that EPA amend the list of
approved facilities to implement and enforce approved alternative title
V permit terms and conditions in place of the otherwise applicable
requirements of subpart S and subpart MM to include four additional
mills. This request was approved by EPA and published in the Federal
Register on April 12, 2004.
    On September 21, 2009, NC DENR requested that EPA amend the
original equivalency by permit program approval (i.e., the August 26,
2003, program approval) to expand its coverage to all 32 sources
subject to the National Emission Standard for Hazardous Air Pollutants-
Plywood and Composite Wood Products, as promulgated on July 30, 2004,
and codified in 40 CFR Part 63, subpart DDDD. EPA received this request
on September 25, 2009.

II. Discussion

    Under CAA section 112(l), EPA may approve State or local rules or
programs to be implemented and enforced in place of certain otherwise
applicable CAA section 112 Federal rules, emission standards, or
requirements. The Federal regulations governing EPA's approval of state
and local rules or programs under section 112(l) are located at 40 CFR
part 63, subpart E (see 65 FR 55810, dated September 14, 2000). Under
these regulations, a state or local air pollution control agency has
the option to request EPA's approval to substitute alternative
requirements and authorities that take the form of permit terms and
conditions instead of source category regulations. This option is
referred to as the equivalency by permit (EBP) option. To receive EPA
approval using this option, the requirements of 40 CFR 63.91 and 63.94
must be met.
    The EBP process comprises three steps. The first step (see 40 CFR
63.94(a) and (b)) is the ``up-front approval'' of the state EBP
program. The second step (see 40 CFR 63.94(c) and (d)) is EPA review
and approval of the state alternative section 112 requirements in the
form of pre-draft permit terms and conditions. The third step (see 40
CFR 63.94(e)) is incorporation of the approved pre-draft permit terms
and conditions into a specific title V permit and the title V permit
issuance process itself. The final approval of the State alternative
requirements that substitute for the Federal standard does not occur
for purposes of the Act, section 112(l)(5), until the completion of
step three.
    The purpose of step one, the ``up-front approval'' of the EBP
program, is three fold: (1) It ensures that NC DENR meets the 63.91(b)
criteria for up-front approval common to all approval options; (2) it
provides a legal foundation for NC DENR to replace the otherwise
applicable Federal section 112 requirements with alternative, federally
enforceable requirements that will be reflected in final title V permit
terms and conditions; and (3) it delineates the specific sources and
Federal emission standards for which NC DENR will be accepting
delegation under the EBP option.
    Under Sec. Sec.  63.94(b) and 63.91, NC's request for EBP program
approval was required to include the identification of the sources and
the source categories for which the state is seeking authority to
implement and enforce alternative requirements, as well as a one time
demonstration that the State has an approved title V operating permit
program that permits the affected sources. There are no limitations on
the number of sources in a source category for which the State can seek
authority to implement and enforce alternative requirements.

III. Final Action

    After reviewing the request to expand the coverage of NC DENR's EBP
program for subpart DDDD, EPA has determined that this request meets
all the requirements necessary to qualify for approval under CAA
section 112(l) and 40 CFR 63.91 and 63.94. Accordingly, EPA approves NC
DENR's request to implement and enforce alternative requirements in the
form of title V permit terms and conditions for New South Lumber
Company, Inc. Graham Plant, Alamance County, North Carolina; HDM
Furniture Industries, Inc., Henredon Furniture Plant 1 & 2, Burke
County, North Carolina; Kohler Co., DBA Baker Furniture, Burke County,
North Carolina; Bernhardt Furniture Company Plants 3 & 7, Caldwell
County, North Carolina; Thomasville Furniture Industries, Inc., Lenoir
Plant, Caldwell County, North

Carolina; Kincaid Furniture Company, Inc., Plant No. 1, Caldwell
County, North Carolina; Hickory Chair Company, Catawba County, North
Carolina; Uniboard USA LLC, Chatham County, North Carolina; Georgia
Pacific Whiteville Plant, Columbus County, North Carolina; West Fraser,
Inc., Armour Lumber Mill, Columbus County, North Carolina; Weyerhaeuser
NR Company, New Bern Lumber Facility, Craven County, North Carolina;
Linwood Furniture, Inc., Davidson County, North Carolina; Warvel
Products, Inc., Davidson County, North Carolina; Thomasville Furniture
Industries, Inc., Plant C/M/W/SB, Davidson County, North Carolina;
Lexington Furniture Inc., Plant 5, Davidson County, North Carolina;
Stanley Furniture Company, Inc., Graham County, North Carolina; Georgia
Pacific, Creedmoor Chip-N-Saw Plant, Granville County, North Carolina;
JELD-WEN, Inc., McDowell County, North Carolina; Weyerhaeuser NR
Company, Martin County, North Carolina; Jordan Lumber & Supply Co.,
Montgomery County, North Carolina; Troy Lumber Co., Montgomery County,
North Carolina; Unilin Flooring N.V., Montgomery County, North
Carolina; West Fraser, Seaboard Lumber Mill, Northampton County, North
Carolina; Georgia Pacific Roxboro, Person County, North Carolina;
Louisiana Pacific Corp., Roxboro, Person County, North Carolina;
Weyerhaeuser Company, Grifton, Pitt County, North Carolina; Vaughan
Bassett Furniture Co., Elkin Furniture, Surry County, North Carolina;
Weyerhaeuser NR Company, Elkin Facility, Surry County, North Carolina;
Georgia Pacific Plywood/OSB/CNS, Dudley, Wayne County, North Carolina;
Louisiana Pacific Corp., Roaring River, Wilkes County, North Carolina;
and American Drew, Inc., Plant 13, Wilkes County, North Carolina, for
subpart DDDD. This action is contingent upon NC DENR including in title
V permits, terms and conditions that are no less stringent than the
Federal standard. In addition, the requirement applicable to the
sources and the ``applicable requirement'' for title V purposes remains
the Federal section 112 requirement until EPA has approved the
alternative permit terms and conditions and the final title V permit is
issued.
    The EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial submittal and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the section 112(l)
provisions should adverse comments be filed. This rule will be
effective February 2, 2010 without further notice unless the Agency
receives adverse comments by January 4, 2010.
    If the EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on February 2, 2010 and no
further action will be taken on the proposed rule. Please note that if
we receive adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, we may adopt as final those provisions of the rule that are
not the subject of an adverse comment.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a section
112(l) delegation request that complies with the provisions of the Act
and applicable Federal regulations. Thus, in reviewing section 112(l)
submissions, EPA's role is to approve State choices, provided that they
meet the criteria of the CAA. Accordingly, this action merely expands
the previous EPA approved State program under section 112(l) and does
not impose additional requirements beyond those imposed by state law.
For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
action is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by February 2, 2010. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the Proposed
Rules section of today's Federal Register, rather than

file an immediate petition for judicial review of this direct final
rule, so that EPA can withdraw this direct final rule and address the
comment in the proposed rulemaking. This action may not be challenged
later in proceedings to enforce its requirements. (See section
307(b)(2).)

List of Subjects in 40 CFR Part 63

    Administrative practice and procedure, Air pollution control,
National Emission Standards for Hazardous Air Pollutants, Hazardous air
pollutants.

    Dated: November 16, 2009.
J. Scott Gordon,
Acting Regional Administrator, Region 4.

0
Title 40, chapter I, part 63 of the Code of Federal Regulations is
amended as follows:

PART 63--[AMENDED]

0
1. The authority citation for part 63 continues to read as follows:

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

Subpart E--Approval of State Programs and Delegation of Federal
Authorities

0
2. Section 63.99 is amended by adding a new paragraph (a)(34)(iii) to
read as follows:

Sec.  63.99  Delegated Federal authorities.

    (a) * * *
    (34) * * *
    (iii) North Carolina Department of Environment and Natural
Resources (NC DENR) may implement and enforce alternative requirements
in the form of title V permit terms and conditions for New South Lumber
Company, Inc. Graham Plant, Alamance County, North Carolina; HDM
Furniture Industries, Inc., Henredon Furniture Plant 1 & 2, Burke
County, North Carolina; Kohler Co., DBA Baker Furniture, Burke County,
North Carolina; Bernhardt Furniture Company Plants 3 & 7, Caldwell
County, North Carolina; Thomasville Furniture Industries, Inc., Lenoir
Plant, Caldwell County, North Carolina; Kincaid Furniture Company,
Inc., Plant No. 1, Caldwell County, North Carolina; Hickory Chair
Company, Catawba County, North Carolina; Uniboard USA LLC, Chatham
County, North Carolina; Georgia Pacific Whiteville Plant, Columbus
County, North Carolina; West Fraser, Inc., Armour Lumber Mill, Columbus
County, North Carolina; Weyerhaeuser NR Company, New Bern Lumber
Facility, Craven County, North Carolina; Linwood Furniture, Inc.,
Davidson County, North Carolina; Warvel Products, Inc., Davidson
County, North Carolina; Thomasville Furniture Industries, Inc., Plant
C/M/W/SB, Davidson County, North Carolina; Lexington Furniture Inc.,
Plant 5, Davidson County, North Carolina; Stanley Furniture Company,
Inc., Graham County, North Carolina; Georgia Pacific, Creedmoor Chip-N-
Saw Plant, Granville County, North Carolina; JELD-WEN, Inc., McDowell
County, North Carolina; Weyerhaeuser NR Company, Martin County, North
Carolina; Jordan Lumber & Supply Co., Montgomery County, North
Carolina; Troy Lumber Co., Montgomery County, North Carolina; Unilin
Flooring N.V., Montgomery County, North Carolina; West Fraser, Seaboard
Lumber Mill, Northampton County, North Carolina; Georgia Pacific
Roxboro, Person County, North Carolina; Louisiana Pacific Corp.,
Roxboro, Person County, North Carolina; Weyerhaeuser Company, Grifton,
Pitt County, North Carolina; Vaughan Bassett Furniture Co., Elkin
Furniture, Surry County, North Carolina; Weyerhaeuser NR Company, Elkin
Facility, Surry County, North Carolina; Georgia Pacific Plywood/OSB/
CNS, Dudley, Wayne County, North Carolina; Louisiana Pacific Corp.,
Roaring River, Wilkes County, North Carolina; and American Drew, Inc.,
Plant 13, Wilkes County, North Carolina, for subpart DDDD of this Part-
National Emissions Standards for Hazardous Air Pollutants: Plywood and
Composite Wood Products. This action is contingent upon NC DENR
including, in title V permits, terms and conditions that are no less
stringent than the Federal standard. In addition, the requirements
applicable to the sources remain the Federal section 112 requirements
until EPA has approved the alternative permit terms and conditions and
the final title V permit is issued.
* * * * *
[FR Doc. E9-28969 Filed 12-3-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: February 10, 2009 (Volume 74, Number 26)]
[Notices]
[Page 6643-6644]
[DOCID:fr10fe09-87]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-N-0664]

Science Board to the Food and Drug Administration; Notice of
Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public.
    Name of Committee: Science Board to the Food and Drug
Administration (Science Board).
    General Function of the Committee: To provide advice and
recommendations to the agency on FDA's regulatory issues.
    Date and Time: The meeting will be held on Tuesday, February 24,
2009, from 8 a.m. to 3 p.m.
    Addresses: Hilton Washington DC North/Gaithersburg, 620 Perry
Pkwy., Gaithersburg, MD 20877.
    Contact Person: Carlos Pe[ntilde]a, Office of the Commissioner,
Food and Drug Administration (HF-33), Food and Drug Administration,
5600 Fishers Lane, Rockville, MD 20857,<PHONE_NUMBER>, or

FDA Advisory Committee Information Line, 1-800-741-8138<PHONE_NUMBER>
in the Washington, DC area), code<PHONE_NUMBER>. Please call the
Information Line for up-to-date information on this meeting. A notice
in the Federal Register about last minute modifications that impact a
previously announced advisory committee meeting cannot always be
published quickly enough to provide timely notice. Therefore, you
should always check the agency's Web site and call the appropriate
advisory committee hot line/phone line to learn about possible
modifications before coming to the meeting.
    Agenda: The Science Board will hear about and discuss updates from
the agency on the continued assessment of Bisphenol A (BPA) in FDA-
regulated products. The Science Board will hear about the plans for the
following: (1) The review of FDA Center's science programs, (2) the
review of each Center's projects within scientific priority areas, and
(3) the handling of biospecimens used for genomic and proteomic
analyses. The Science Board will also hear updates from two working
groups on economically motivated adulteration of FDA-regulated products
and rapid detection of Salmonella in foods.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at http://www.fda.gov/ohrms/dockets/ac/acmenu.htm, click on
the year and scroll down to the appropriate advisory committee link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before
February 17, 2009. Oral presentations from the public will be scheduled
between approximately 1 p.m. and 2 p.m. Those desiring to make formal
oral presentations should notify the contact person and submit a brief
statement of the general nature of the evidence or arguments they wish
to present, the names and addresses of proposed participants, and an
indication of the approximate time requested to make their presentation
on or before February 11, 2009. Time allotted for each presentation may
be limited. If the number of registrants requesting to speak is greater
than can be reasonably accommodated during the scheduled open public
hearing session, FDA may conduct a lottery to determine the speakers
for the scheduled open public hearing session. The contact person will
notify interested persons regarding their request to speak by February
12, 2009.
    Persons attending FDA's advisory committee meetings are advised
that the agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
physical disabilities or special needs. If you require special
accommodations due to a disability, please contact Dr. Carlos
Pe[ntilde]a at least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/oc/advisory/
default.htm for procedures on public conduct during advisory committee
meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: January 30, 2009.
Randall W. Lutter,
Deputy Commissioner for Policy.
[FR Doc. E9-2797 Filed 2-9-09; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 88, Number 211 (Thursday, November 2, 2023)]
[Notices]
[Pages 75282-75283]
[FR Doc No: 2023-24249]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-11427-01-R9]

Notice of Availability of Preliminary Designation of Certain
Stormwater Discharges Within Two Watersheds in Los Angeles County,
California Under the National Pollutant Discharge Elimination System of
the Clean Water Act

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

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SUMMARY: The Regional Administrator of the Environmental Protection
Agency (EPA) Region 9 is providing notice of availability and
soliciting comment on the preliminary designation of stormwater
discharges from certain commercial, industrial, and institutional (CII)
sites in two watersheds in Los Angeles County, California for
regulation under the Clean Water Act (CWA) National Pollutant Discharge
Elimination System (NPDES) permitting program. This action, if
finalized by EPA, will regulate stormwater discharges that contribute
to a water quality standard violation or that are a significant
contributor of pollutants to waters of the United States. EPA intends
to make a final decision after consideration of all comments submitted.

DATES: Written comments must be received on or before December 4, 2023.

ADDRESSES: Comments should be submitted via email to the following
address: [email protected] and include ``Comments on the 2023 Preliminary
Designation'' in the subject line. Documents and further instructions
for submitting comments related to this preliminary designation are
available for public inspection online at: https://www.epa.gov/npdes-permits/residual-designation-authority-address-stormwater-quality-problems-epas-pacific. If there are issues accessing the website,
please contact EPA via the contact information below.

FOR FURTHER INFORMATION CONTACT: Eugene Bromley, EPA Region 9, Water
Division, NPDES Permits Section; telephone<PHONE_NUMBER>; email
address: [email protected].
    Administrative Record: The preliminary designation and other
related documents in the administrative record are on file and may be
inspected between 9 a.m. and 4 p.m., Monday through Friday, excluding
legal holidays, at the following address: U.S. EPA Region 9, NPDES
Permits Section, Water Division, 75 Hawthorne Street, San Francisco, CA
94105-3901.

SUPPLEMENTARY INFORMATION:

A. Does this action apply to me?

    Entities potentially regulated by this action include a wide
variety of privately owned CII facilities such as shopping centers,
supermarkets, office complexes, hotels, warehouses, manufacturers,
cargo and trucking terminals, schools, hospitals, and nursing homes.
Entities potentially regulated by this action also include privately
operated CII facilities at the Ports of Long Beach and Los Angeles.
Entities affected by this action are located within either of two
watersheds in Los Angeles County, in California: the Los Cerritos
Channel/Alamitos Bay Watershed or the Dominquez Channel/Los Angeles/
Long Beach Harbor Watershed. This description of affected activities is
not intended to be exhaustive, but rather provides a guide for readers
regarding entities likely to be affected by this action. This
description of affected activities includes the types of entities that
EPA is now aware could potentially be affected by this action. Other
types of entities not included could also be affected. To determine
whether your entity is affected by this action, you should also review
the description of EPA's action in documents online at the website
listed in the ADDRESSES section above. If you have questions regarding
the applicability of this action to a particular entity, consult the
person listed in the FOR FURTHER INFORMATION CONTACT section.

B. Summary of Preliminary Designation

    CWA section 402(p)(2)(E) and (6) and EPA's implementing regulations
at 40 CFR 122.26(a)(9)(i) authorize EPA to designate stormwater
discharges for regulation under the NPDES permitting program. Those
provisions authorize the Agency to regulate stormwater discharges that
contribute to a water quality standard violation or that are a
significant contributor of pollutants to waters of the United States,
or where controls are needed based on wasteload allocations that are
part of total maximum daily loads. This authority is often referred to
as ``residual designation authority'' or RDA. EPA is providing notice
of and soliciting comment on its preliminary designation for NPDES
permitting of unregulated stormwater discharges from certain
commercial, industrial and institutional (CII) facilities in the Los
Cerritos Channel/Alamitos Bay and Dominquez Channel/Los Angeles/Long
Beach Harbor Watersheds in Los Angeles County, including privately
operated CII facilities at the Ports of Long Beach and Los Angeles. EPA
is also taking comment on whether privately operated CII facilities at
municipal airports located within the watersheds should be included.
    This preliminary designation is in response to a 2018 District
Court order in Los Angeles Waterkeeper v. Pruitt, as well as two
September 15, 2015 petitions entitled ``Petition For A Determination
That Stormwater Discharges From Commercial, Industrial, And
Institutional Sites Contribute To Water Quality Standards Violations in
Dominguez Channel and the Los Angeles/Long Beach Inner Harbor (Los
Angeles County, California) and Require Clean Water Act Permits,'' and
``Petition For A Determination That Stormwater Discharges From
Commercial, Industrial, And Institutional Sites Contribute To Water
Quality Standards Violations in the Alamitos Bay/Los Cerritos Watershed
(Los Angeles County, California) And Require Clean Water Act Permits.''

C. How can I submit comments?

    Submit comments by the deadline identified in this Federal Register
notice. Information on how to submit comments and documents related to
this preliminary designation are available for public inspection online
at ADDRESSES above. If you need assistance in a language other than
English or if you are a person with disabilities who needs a reasonable
accommodation at no cost to you, please reach out by email or telephone
to the FURTHER INFORMATION CONTACT listed above in this notice.
    Once submitted, comments cannot be edited or removed from the
administrative record. The EPA may publish any comment received as part
of documentation (e.g., response to comments document) associated with
its final decision. Do not submit in your comment any information you
consider to be Confidential Business Information (CBI), Proprietary
Business Information (PBI), or other information whose disclosure is
restricted by statute. Multimedia submissions (audio, video,

etc.) must be accompanied by a written comment. The written comment is
considered the official comment and should include discussion of all
points you wish to make. The EPA will generally not consider comments
or comment contents located outside of the primary submission (i.e., on
the web, cloud, or other file sharing system).

    Dated: October 25, 2023.
Martha Guzman Aceves,
Regional Administrator, EPA Region 9.
[FR Doc. 2023-24249 Filed 11-1-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: June 8, 2010 (Volume 75, Number 109)]
[Notices]
[Page 32529-32531]
[DOCID:fr08jn10-160]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62209; File No. SR-NYSEArca-2010-42]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by NYSE Arca, Inc. Amending Rule
6.82

June 2, 2010.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on May 18, 2010, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the 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 Rule 6.82 by revising the minimum
financial requirements of Lead Market Makers. The text of the proposed
rule change is below. Proposed new language is italicized; proposed
deletions are in brackets:

Rules of NYSE Arca, Inc.

* * * * *
Rule 6.82. Lead Market Makers
    (a)-(b) No Change
    (c) Obligations of Lead Market Makers:
    Each LMM must meet the following obligations:
    (1)-(11) No Change
    (12) Maintain a cash or liquid asset position of at least
$1,000,000. [$350,000, plus $25,000 for each issue over 8 issues that
has been allocated to the LMM.] In the event that two or more LMMs are
associated with each other and deal for the same LMM account, this
requirement will apply to such LMMs collectively, rather than to each
LMM individually;
    (13)-(14) No Change
    (d)-(h) No Change
* * * * *

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 purpose of this filing is to revise Rule 6.82. Specifically,
NYSE Arca proposes to revise the minimum financial requirements of a
Lead Market Maker (``LMM'') contained in Rule 6.82(c)(12).
Minimum Financial Requirement for LMMs
    LMMs on NYSE Arca are required to maintain a cash or net liquid
asset position of at least $350,000. In addition, LMMs that have more
than eight allocated issues are required to have an additional $25,000
in cash or net liquid assets for each additional allocated issue. The
Exchange now proposes that instead of the base minimum financial
requirement of $350,000 plus an additional $25,000 for each issue over
eight, all LMMs will now be required to maintain cash or net
liquidating balance of at least $1,000,000 (``$1 million''). The $1
million requirement will apply regardless of the number of issues an
LMM is allocated.
    Establishing a $1 million minimum financial requirement, applicable
to LMMs regardless of the number of issues they may be allocated, is
consistent with the financial obligations rules for Options Specialists
on NYSE Amex LLC.\4\ The rights and obligations of LMMs pursuant to the
rules of NYSE Arca \5\ are substantially similar to the rights and
obligations of Specialists contained in the rules of NYSE Amex.\6\
Accordingly, establishing a $1 million minimum financial requirement
for Arca would further harmonize the rules of the two exchanges.
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    \4\ See NYSE Amex Rule 927NY(c)(10).
    \5\ See NYSE Arca Rules 6.82(c)-(d).
    \6\ See NYSE Amex Rules 927NY(c)-(d).
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    The Exchange notes that the proposed requirement to maintain at
least $1 million in cash or liquid assets represents only the minimum
financial obligation of an LMM. When allocating options issues to LMMs,
the Exchange takes into consideration the ``adequacy of capital'' \7\
of each LMM and could require an LMM to have a cash or liquid assets
balance in excess of the $1 million, as a condition of being allocated
a given options issue(s). Also, the Exchange may reallocate an options
issue(s) if an LMM is to incur a material change to its financial
situation.\8\ Financial requirements established by the Exchange as a
condition of issue allocation are separate from the $1 million minimum
financial requirement of Rule 6.8(c)(12).
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    \7\ See NYSE Arca Rule 6.82(e)(1).
    \8\ See NYSE Arca Rule 6.82(f)(1)(B).
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    In addition to any LMM-specific financial obligation or requirement
established by NYSE Arca, LMMs must maintain net capital sufficient to
comply with the requirements of Exchange Act Rule 15c3-1.
    The Exchange has conducted an analysis of financial positions for
all OTP Holders presently registered as an LMM. Based on this analysis,
the Exchange has determined that certain LMMs will realize a decrease
in their present minimum financial requirement, while others may
realize an increase. However, due to the fact that LMMs are represented
by highly capitalized OTP Holders, the Exchange has concluded that any
increase in the minimum financial requirement will not impose undue
hardships on any OTP Holders at this time. In addition, the Exchange
does not believe that the change to the minimum financial requirement
creates an unnecessary burden, or onerous barrier to entry, for OTP
Holders who in the future may seek approval to operate as an LMM.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Securities Exchange Act of 1934 (the ``Act''),\9\ in
general, and furthers the objectives of Section 6(b)(5) of the Act,\10\
in particular, in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to remove impediments to and perfect the mechanism
of a free and open market and a national market system, and, in
general, to protect investors and the public interest. This rule change
is designed to make the minimum financial requirement for LMMs
consistent with similar requirements at NYSE Amex while still
maintaining a standard designed to ensure that OTP Holders on NYSE Arca
are adequately capitalized to fulfill their obligations as LMMs.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
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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 not necessary or appropriate in
furtherance of the purposes of the Act.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \11\ and Rule 19b-
4(f)(6) thereunder.\12\
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NyseArca-2010-42.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2010-42. This
file number should be included on the subject line if e-mail 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 a.m. and 3 p.m. Copies of such filing also will be
available for inspection and copying at the principal office of the
Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NYSEArca-2010-42 and should be submitted on or before June 29, 2010.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-13765 Filed 6-7-10; 8:45 am]
BILLING CODE 8010-01-P