[Federal Register Volume 81, Number 204 (Friday, October 21, 2016)]
[Proposed Rules]
[Pages 72755-72757]
[FR Doc No: 2016-25433]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2016-0526; FRL-9954-34-Region 4]

Air Plan Approval; KY; RACM Determination for the KY Portion of
the Louisville Area 1997 Annual PM2.5

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
Commonwealth of Kentucky, through the Kentucky Division for Air Quality
(KDAQ) on August 9, 2016, that addresses reasonably available control
measures (RACM) for the Kentucky portion of the Louisville, KY-IN,
nonattainment area for the 1997 Annual fine particulate matter
(PM2.5) National Ambient Air Quality Standards (NAAQS)
(hereinafter referred to as the ``bi-state Louisville Area'' or
``Area'').

DATES: Comments must be received on or before November 21, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2016-0526 at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
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. 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). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Madolyn Sanchez, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Ms. Sanchez can be reached by telephone at<PHONE_NUMBER>
or via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    In 1997, EPA promulgated the first air quality standards for
PM2.5. EPA promulgated an annual standard at a level of 15
micrograms per cubic meter ([mu]g/m\3\) (based on a 3-year average of
annual mean PM2.5 concentrations) and a 24-hour standard of
65 [mu]g/m\3\ (based on a 3-year average of the 98th percentile of 24-
hour concentrations). See 62 FR 38652 (July 18, 1997). On January 5,
2005 (70 FR 944), and supplemented on April 14, 2005 (70 FR 19844), EPA
designated the bi-state Louisville Area as nonattainment for the 1997
Annual PM2.5 NAAQS. In that

action, EPA defined the bi-state Louisville Area to include Bullitt and
Jefferson Counties in Kentucky as well as Clark and Floyd Counties and
a portion of Jefferson County (Madison Township) in Indiana.
Designation of an area as nonattainment for PM2.5 starts the
process for a state to develop and submit to EPA a SIP revision under
title I, part D of the Clean Air Act (CAA or Act). This SIP revision
must include, among other elements, a demonstration of how the NAAQS
will be attained in the nonattainment area as expeditiously as
practicable, but no later than the attainment date required by the CAA.
    Originally, EPA designated all 1997 PM2.5 NAAQS areas
under title I, part D, subpart 1 (hereinafter ``Subpart 1''). Subpart
1, comprised of CAA sections 171-179B, sets forth the basic
nonattainment requirements applicable to all nonattainment areas.
Section 172(c) contains the general SIP requirements for these areas,
including RACM requirements under section 172(c)(1). On April 25, 2007
(72 FR 20586), EPA promulgated a rule, codified at 40 CFR part 51,
subpart Z, to implement the 1997 PM2.5 NAAQS under Subpart 1
(hereinafter referred to as the ``1997 PM2.5 Implementation
Rule'').\1\ On December 3, 2008, Kentucky submitted an attainment
demonstration SIP revision for the Area that addressed RACM and certain
other section 172(c) elements including a reasonable further progress
(RFP) plan, base-year and attainment-year emissions inventories, and
contingency measures for the Area. This SIP revision included a section
172(c)(1) RACM determination that there were no potential emissions
control measures that, if considered collectively, would advance the
attainment date by one year or more.
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    \1\ On January 4, 2013, in Natural Resources Defense Council v.
EPA, 706 F.3d 428 (D.C. Cir. 2013), the United State Court of
Appeals for the District of Columbia Circuit (D.C. Circuit) found
that EPA erred in implementing the 1997 PM2.5 NAAQS
pursuant solely to the general implementation provisions of Subpart
1 rather than the particulate matter-specific provisions in title I,
part D, subpart 4. The court remanded both the 1997 PM2.5
Implementation Rule and the final rule entitled ``Implementation of
the New Source Review (NSR) Program for Particulate Matter Less than
2.5 Micrometers (PM2.5)'' (73 FR 28321, May 16, 2008) to
EPA to address this error. In 2014, EPA finalized a rule classifying
areas previously designated nonattainment for the 1997 and/or 2006
fine particle pollution standards under Subpart 1, including the bi-
state Louisville Area, as ``Moderate'' nonattainment areas under
subpart 4 and setting deadlines for SIP submissions addressing the
requirements of subpart 4. See 79 FR 31566 (June 2, 2014)
[hereinafter 2014 Rule].
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    In 2011, EPA determined that the bi-state Louisville Area had
attained the 1997 Annual PM2.5 NAAQS based upon complete,
quality-assured, and certified ambient air monitoring data for the
2007-2009 period. See 76 FR 55544 (September 7, 2011); 40 CFR
52.929(b). As a result of this determination and in accordance with 40
CFR 51.1004(c), the requirements for the Area to submit attainment
demonstrations and associated RACM, RFP plans, contingency measures,
and other planning SIP revisions related to attainment of the 1997
Annual PM2.5 NAAQS are suspended for so long as: The area is
redesignated to attainment, at which time the requirements no longer
apply; or EPA determines that the area has violated the
PM2.5 NAAQS, at which time the area is again required to
submit such plans. Therefore, Kentucky withdrew the aforementioned
PM2.5 attainment demonstration SIP revision except for the
portion addressing emissions inventory requirements under section
172(c)(3). EPA later approved Kentucky's 2002 base-year emissions
inventory for the Louisville Area pursuant to section 172(c)(3) on
August 2, 2012 (77 FR 45956).
    On March 5, 2012, Kentucky submitted a request to redesignate the
Kentucky portion of the bi-state Louisville Area to attainment for the
1997 Annual PM2.5 NAAQS.\2\ As the result of a 2015 decision
from the United States Court of Appeals for the Sixth Circuit (Sixth
Circuit) in Sierra Club v. EPA, 793 F.3d 656 (6th Cir. 2015) requiring
a SIP-approved Subpart 1 RACM determination prior to the redesignation
of a 1997 Annual PM2.5 NAAQS nonattainment area, Kentucky
submitted a SIP revision on August 9, 2016, to address the section
172(c)(1) RACM requirements and to support the Commonwealth's March 5,
2012, redesignation request. In that SIP revision, the Commonwealth
determined that no additional control measures are necessary in the
Area to satisfy the CAA section 172(c)(1) RACM requirements. Kentucky's
determination and the Sixth Circuit's decision are discussed in further
detail below.
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    \2\ Kentucky submitted its redesignation request prior to the
aforementioned ruling in Natural Resources Defense Council v. EPA.
As discussed in the 2014 Rule, EPA's position is that this ruling
does not apply retroactively. See 79 FR at 31568.
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II. What action is EPA proposing to take?

    EPA is proposing to determine that Kentucky's Subpart 1 RACM
determination meets the requirements of section 172(c)(1) of the CAA
and is proposing to approve this RACM determination into the SIP for
the reasons discussed in Section III below.

III. What is EPA's analysis of the Commonwealth's RACM submittal?

A. Relationship Between Subpart I RACM and Redesignation Criteria

    EPA does not believe that Subpart 1 nonattainment planning
requirements designed to provide for attainment, including RACM, are
``applicable'' for purposes of CAA section 107(d)(3)(E)(ii) once an
area is attaining the NAAQS and, therefore, does not believe that these
planning requirements must be approved before EPA can redesignate an
area to attainment. See, e.g., 57 FR 13498, 13564 (April 16, 1992);
``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division (September 4, 1992). However, the aforementioned
Sixth Circuit decision in Sierra Club v. EPA is inconsistent with this
longstanding interpretation regarding section 107(d)(3)(E)(ii). In its
decision, the Court vacated EPA's redesignation of the Indiana and Ohio
portions of the Cincinnati-Hamilton nonattainment area to attainment
for the 1997 PM2.5 NAAQS because EPA had not yet approved
Subpart 1 RACM for the Cincinnati Area into the Indiana and Ohio SIPs.
The Court concluded that ``a State seeking redesignation `shall provide
for the implementation' of RACM/RACT [reasonably available control
technology], even if those measures are not strictly necessary to
demonstrate attainment with the PM2.5 NAAQS. . . . If the
State has not done so, EPA cannot `fully approve' the area's SIP, and
redesignation to attainment status is improper.'' Sierra Club, 793 F.3d
at 670.
    EPA is bound by the Sixth Circuit's decision in Sierra Club v. EPA
within the Court's jurisdiction.\3\ Although EPA continues to believe
that Subpart 1 RACM is not an applicable requirement under section
107(d)(3)(E) for an area that has already attained the 1997 Annual
PM2.5 NAAQS, EPA is proposing to approve Kentucky's RACM
determination into the SIP pursuant to the Court's decision.\4\
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    \3\ The states of Kentucky, Michigan, Ohio, and Tennessee are
located within the Sixth Circuit's jurisdiction.
    \4\ The EPA Region 4 Regional Administrator signed a memorandum
on July 20, 2015, seeking concurrence from the Director of EPA's Air
Quality Policy Division (AQPD) in the Office of Air Quality Planning
and Standards to act inconsistent with EPA's interpretation of CAA
sections 107(d)(3)(E) and 172(c)(1) when taking action on pending
and future redesignation requests in Kentucky and Tennessee because
the Region is bound by the Sixth Circuit's decision in Sierra Club
v. EPA. The AQPD Director issued her concurrence on July 22, 2015.
This memorandum is not required to satisfy EPA's regional
consistency regulations. See 40 CFR 56.5(b)(1); 81 FR 51102 (August
3, 2016).

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B. Subpart 1 RACM Requirements

    Subpart 1 requires that each attainment plan ``provide for the
implementation of all reasonably available control measures as
expeditiously as practicable (including such reductions in emission
from the existing sources in the area as may be obtained through the
adoption, at a minimum, of reasonably available control technology),
and shall provide for attainment of the national primary ambient air
quality standards.'' See CAA section 172(c)(1). EPA has consistently
interpreted this provision to require only implementation of potential
RACM measures that could advance attainment.\5\ Thus, when an area is
already attaining the standard, no additional RACM measures are
required. EPA's interpretation that Subpart 1 requires only the
implementation of RACM measures that would advance attainment was
upheld by the United States Court of Appeals in the Fifth Circuit \6\
and by the United States Court of Appeals for the D.C. Circuit.\7\
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    \5\ This interpretation was adopted in the General Preamble, see
57 FR 13498 (April 16, 1992), and has been upheld as applied to the
Clean Data Policy, as well as to nonattainment SIP submissions. See
NRDC v. EPA, 571 F.3d 1245 (D.C. Cir. 2009); Sierra Club v. EPA, 294
F.3d 155 (D.C. Cir. 2002).
    \6\ Sierra Club v. EPA, 314 F.3d 735, 743-745 (5th Cir. 2002).
    \7\ Sierra Club v. EPA, 294 F.3d 155, 162-163 (D.C. Cir. 2002);
NRDC v. EPA, 571 F.3d 1245, 1252 (D.C. Cir. 2009).
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C. Proposed Action

    In its August 9, 2016, SIP submission, the Commonwealth determined
that no additional control measures are necessary in the Area to
satisfy the CAA section 172(c)(1) RACM requirement because the Area has
attained the 1997 Annual PM2.5 NAAQS. As noted above, EPA
has determined that the Area attained the standard by the April 5,
2010, attainment date and that no additional measures are required to
satisfy Subpart 1 RACM when an area is attaining the standard.
Therefore, EPA proposes to agree with the Commonwealth's analysis, to
approve Kentucky's SIP revision, and to incorporate the section
172(c)(1) RACM determination into the SIP.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
proposed action merely proposes to approve state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

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

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

    Dated: October 11, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2016-25433 Filed 10-20-16; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 169 (Thursday, August 30, 2018)]
[Notices]
[Page 44283]
[FR Doc No: 2018-18835]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4377-DR; Docket ID FEMA-2018-0001]

Texas; Amendment No. 2 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Texas (FEMA-4377-DR), dated July 6, 2018, and related
determinations.

DATES: This amendment was issued July 31, 2018.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Texas is hereby amended to include the following area
among those areas determined to have been adversely affected by the
event declared a major disaster by the President in his declaration of
July 6, 2018.

    Jim Wells County for Individual Assistance.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050 Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.)

Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2018-18835 Filed 8-29-18; 8:45 am]
 BILLING CODE 9111-11-P


[Federal Register Volume 76, Number 86 (Wednesday, May 4, 2011)]
[Notices]
[Page 25359]
[FR Doc No: 2011-10763]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0002]

Science Board Advisory Committee; 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: The Science Board provides
advice primarily to the Commissioner of Food and Drugs and other
appropriate officials on specific complex and technical issues, as well
as emerging issues within the scientific community in industry and
academia. Additionally, the Science Board provides advice to the Agency
on keeping pace with technical and scientific evolutions in the fields
of regulatory science, on formulating an appropriate research agenda,
and on upgrading its scientific and research facilities to keep pace
with these changes. It will also provide the means for critical review
of Agency sponsored intramural and extramural scientific research
programs.
    Date and Time: The meeting will be held on Friday, May 20, 2011,
from 9 a.m. to 4 p.m.
    Location: Food and Drug Administration, 10903 New Hampshire Ave.,
Bldg. 31, rm. 1503, Silver Spring, MD 20993-0002. Information regarding
special accommodations due to a disability, visitor parking, and
transportation may be accessed at: http://www.fda.gov/AdvisoryCommittees/default.htm; under the heading ``Resources for
You,'' click on ``Public Meetings at the FDA White Oak Campus.'' Please
note that visitors to the White Oak Campus must enter through Building
1. For those unable to attend in person, the meeting will also be Web
cast. The link for the Web cast is available at https://collaboration.fda.gov/scienceboard.
    Contact Person: Martha Monser, Office of the Commissioner, Food and
Drug Administration, 10903 New Hampshire Ave., Bldg. 32, rm. 4286,
Silver Spring, MD 20993-0002,<PHONE_NUMBER>, or FDA Advisory Committee
Information Line, 1-800-741-8138<PHONE_NUMBER> in the Washington, DC
area), and follow the prompts to the desired center or product area.
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: On May 20, 2011, the Science Board will discuss the report
from the subcommittee's review of the Pharmacovigilance Program at the
Center for Drug Evaluation and Research. The Science Board will be
provided with updates on FDA's nanotechnology research program plans
and on FDA's activities in support of Comparative Effectiveness
Research. The Science Board will also initiate the charge to the
subcommittee for a science review of the Center for Devices and
Radiological Health.
    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/AdvisoryCommittees/Calendar/default.htm. 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 May
13, 2011. Oral presentations from the public will be scheduled between
approximately 1 p.m. and 2 p.m. Those individuals interested in making
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 May 5, 2011. 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 May 6, 2011.
    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 Martha Monser, 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/AdvisoryCommittees/About AdvisoryCommittees/ucm111462.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: April 28, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-10763 Filed 5-3-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 84, Number 231 (Monday, December 2, 2019)]
[Notices]
[Pages 66047-66048]
[FR Doc No: 2019-25959]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87610; File No. SR-NYSEARCA-2019-83]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend Commentary
.02 to Rule 6.72-O To Extend the Penny Pilot

November 25, 2019.
    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 November 15, 2019, 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 and
II, below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Commentary .02 to Rule 6.72-O to
extend the Penny Pilot in options classes in certain issues (``Pilot'')
previously approved by the Securities and Exchange Commission
(``Commission'') through June 30, 2020. The Pilot is currently
scheduled to expire on December 31, 2019. The proposed rule change is
available on the Exchange's website at www.nyse.com, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Commentary .02 to Rule 6.72-O to
extend the time period of the Pilot,\4\ which is currently scheduled to
expire on December 31, 2019, until June 30, 2020. The Exchange believes
that extending the Pilot would allow for further analysis of the Pilot
and a determination of how the Pilot should be structured in the
future.
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    \4\ See Securities and Exchange Act Release No. 86062 (June 7,
2019) 84 FR 27669 (June 13, 2019) (SR-NYSEArca-2019-41).
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    This filing does not propose any substantive changes to the Pilot:
All classes currently participating will remain the same and all
minimum increments will remain unchanged. The Exchange believes the
benefits to public customers and other market participants who will be
able to express their true prices to buy and sell options have been
demonstrated to outweigh the increase in quote traffic.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) \5\ of the
Act, in general, and furthers the objectives of Section 6(b)(5),\6\ in
particular, in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in facilitating transactions in securities, and to
remove impediments to and perfect the mechanisms of a free and open
market and a national market system.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
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    In particular, the proposed rule change, which extends the Pilot
for six months, allows the Exchange to continue to participate in a
program that

has been viewed as beneficial to traders, investors and public
customers and viewed as successful by the other options exchanges
participating in it. Accordingly, the Exchange believes that the
proposal is consistent with the Act because it will allow the Exchange
to extend the Pilot prior to its expiration on December 31, 2019. The
Exchange notes that this proposal does not propose any new policies or
provisions that are unique or unproven, but instead relates to the
continuation of an existing program that operates on a pilot basis.
    The Exchange believes that the Pilot promotes just and equitable
principles of trade by enabling public customers and other market
participants to express their true prices to buy and sell options to
the benefit of all market participants.
    The proposal to extend the Pilot is designed to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, and to
remove impediments to and perfect the mechanisms of a free and open
market and a national market system, by allowing the Exchange and the
Commission additional time to analyze the impact of the Pilot while
also allowing the Exchange to continue to compete for order flow with
other exchanges in option issues trading as part of the Pilot.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. Specifically, the Exchange
believes that, by extending the expiration of the Pilot, the proposed
rule change will allow for further analysis of the Pilot and a
determination of how this program should be structured in the future.
In doing so, the proposed rule change will also serve to promote
regulatory clarity and consistency, thereby reducing burdens on the
marketplace and facilitating investor protection. The Pilot is an
industry-wide initiative supported by all other option exchanges. The
Exchange believes that extending the Pilot will allow for continued
competition between Exchange market participants trading similar
products as their counterparts on other exchanges, while at the same
time allowing the Exchange to continue to compete for order flow with
other exchanges in option issues trading as part of the Pilot.

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

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

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \7\ and Rule 19b-4(f)(6) thereunder.\8\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.\9\
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    \7\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \8\ 17 CFR 240.19b-4(f)(6).
    \9\ 15 U.S.C. 78s(b)(3)(A)(iii). Rule 19b-4(f)(6)(iii) requires
a self-regulatory organization to give the Commission written notice
of its intent to file the proposed rule change at least five
business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Commission notes that the Exchange satisfied this requirement.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \10\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEARCA-2019-83 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-NYSEARCA-2019-83. 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 website (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 website 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. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEARCA-2019-83 and should be submitted
on or before December 23, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-25959 Filed 11-29-19; 8:45 am]
 BILLING CODE 8011-01-P


G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

    Executive Order 13045: ``Protection Of Children From Environmental
Health And Safety Risks'' (62 FR 19885, April 23, 1997) applies to any
rule that: (1) Is determined to be ``economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, the Agency must evaluate the environmental health or
safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
    EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Order has the
potential to influence the regulation. This proposed rule is not
subject to Executive Order 13045 because it is based on technology
performance and not on health or safety risks.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This rule is not a ``significant energy action'' as defined in
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, Or Use'' (66 FR
28355, May 22, 2001) because it is not likely to have a significant
adverse effect on the supply, distribution, or use of energy. Some of
the affected sources would be expected to install and operate spray
booths to comply with the rule and these would require electricity and
natural gas to operate. However the increased use of energy by these
sources would not have a significant effect on the supply,
distribution, or use of energy.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) of 1995 (Pub. L. No. 104-113, Section 12(d), 15 U.S.C. 272
note) directs EPA to use voluntary consensus standards (VCS) in its
regulatory activities, unless to do so would be inconsistent with
applicable law or otherwise impractical. The VCS are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
VCS bodies. The NTTAA directs EPA to provide Congress, through OMB,
explanations when the Agency does not use available and applicable VCS.

    This proposed rulemaking involves technical standards. The EPA is
citing the American Society of Heating, Refrigerating, and Air-
Conditioning Engineers (ASHRAE) Method 52.1, ``Gravimetric and Dust-
Spot Procedures for Testing Air-Cleaning Devices Used in General
Ventilation for Removing Particulate Matter, June 4, 1992,'' to measure
paint booth filter efficiency to measure the capture efficiency of
paint overspray arrestors with spray-applied coatings.
    The EPA is also citing California South Coast Air Quality
Management District's (SCAQMD) methods: ``Spray Equipment Transfer
Efficiency Test Procedure For Equipment User, May 24, 1989'' and
``Guidelines for Demonstrating Equivalency with District Approved
Transfer Efficient Spray Guns, September 26, 2002'' as methods to
demonstrate the equivalency of spray gun transfer efficiency for spray
guns that do not meet the definition of high-volume/low pressure (HVLP)
or electrostatic spray.
    Consistent with the NTTAA, the EPA conducted searches to identify
voluntary consensus standards in addition to these methods. The search
and review results are in the docket for this rule.
    One voluntary consensus standard was identified as applicable to
this rule. The German standard DIN EN 13966-1:2003 ``Determination of
the transfer efficiency of atomizing and spraying equipment for liquid
coating materials--Part 1: Flat panels,'' appears to be applicable to
this rule. We are inviting comment on the appropriateness of this
standard to establish the transfer efficiency of spray guns that do not
meet the definition of high-volume low-pressure or electrostatic spray
guns.
    For the methods required by the proposed rule, a source may apply
to EPA for permission to use alternative test methods or alternative
monitoring requirements in place of any required testing methods,
performance specifications, or procedures under section 63.7(f) and
section 63.8(f) of subpart A of the General Provisions. EPA welcomes
comments on this aspect of the proposed rulemaking and, specifically,
invites the public to identify potentially-applicable voluntary
consensus standards and to explain why such standards should be used in
regulation.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA has determined that this proposed rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it increases the
level of environmental protection for all affected populations without
having any disproportionately high and adverse human health or
environmental effects on any population, including any minority or low-
income populations. The proposed rule establishes national standards
for air quality that apply equally to all affected sources, whether or
not they are located in or near minority or low-income populations.
Hence there are no requirements in this proposal that would
disproportionately affect these populations.

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous
substances, Reporting and recordkeeping requirements.

    Dated: September 6, 2007.
Stephen L. Johnson,
Administrator.
    For the reasons stated in the preamble, title 40, chapter I of the
Code of Federal Regulations is proposed to be amended as follows:

PART 63--[AMENDED]

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

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

Subpart A--[Amended]

    2. Part 63 is amended by adding subpart HHHHHH consisting of
Sec. Sec.  63.11169 through 63.11180 and table 1 to read as follows:
Subpart HHHHHH--National Emission Standards for Hazardous Air
Pollutants: Paint Stripping and Miscellaneous Surface Coating
Operations at Area Sources

What This Subpart Covers

Sec.
63.11169 What is the purpose of this subpart?
63.11170 Am I subject to this subpart?
63.11171 What operations does this subpart cover?

General Compliance Requirements

63.11172 When do I have to comply with this subpart?
63.11173 What are my general requirements for complying with this
subpart?
63.11174 What parts of the General Provisions apply to me?

Notifications, Reports, and Records

63.11175 What notifications must I submit?
63.11176 What reports must I submit?
63.11177 What records must I keep?
63.11178 In what form and for how long must I keep my records?

Other Requirements and Information

63.11179 Who implements and enforces this subpart?
63.11180 What definitions do I need to know?

Tables to Subpart PPPP of Part 63

Table 1 to Subpart HHHHHH of Part 63--Paint Stripping Alternative
Stripping Requirements

Table 2 to Subpart HHHHHH of Part 63--Applicability of General
Provisions to Subpart HHHHHH of Part 63

Subpart HHHHHH--National Emission Standards for Hazardous Air
Pollutants: Paint Stripping and Miscellaneous Surface Coating
Operations at Area Sources

What This Subpart Covers

Sec.  63.11169  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous
air pollutants for paint stripping operations at area sources that
involve the use of paint strippers (chemical formulations) that contain
methylene chloride (MeCl) in paint removal processes, and/or
miscellaneous surface coating operations at area sources. This subpart
also establishes requirements to demonstrate initial and continuous
compliance with the management practice standards contained herein.

Sec.  63.11170  Am I subject to this subpart?

    (a) You are subject to this subpart if your facility is an area
source of hazardous air pollutants (HAP) as defined in paragraph (c) of
this section, including sources that are part of a tribal, local,
State, or Federal facility and you:
    (1) Perform paint stripping operations using a paint stripper
containing MeCl, and/or
    (2) Perform miscellaneous surface coating operations (including
autobody refinishing).
    (b) Paint stripping means the removal of dried coatings from wood,
metal, plastic, and other substrates. Miscellaneous surface coating is
the application of a coating to a substrate

using, for example, spray guns, brushes, or rollers. When application
of coating to a substrate occurs, then miscellaneous surface coating
operations also include associated activities, such as surface prep,
cleaning, mixing, and storage.
    (c) An area source of HAP is a source of HAP that is not a major
source of HAP, is not located at a major source, and is not part of a
major source of HAP emissions. A major source of HAP is any stationary
source or group of stationary sources located within a contiguous area
and under common control that emits or has the potential to emit any
single HAP at a rate of 9.07 megagrams (Mg) (10 tons) or more per year
or any combination of HAP at a rate of 22.68 Mg (25 tons) or more per
year.
    (d) This subpart does not apply to paint stripping or surface
coating operations that meet any of the criteria of paragraphs (d)(1)
through (2) of this section.
    (1) Paint stripping or surface coating performed on-site at
installations owned or operated by the Armed Forces of the United
States (including the Coast Guard and the National Guard of any such
State), or the National Aeronautics and Space Administration.
    (2) Paint stripping or surface coating of military munitions
manufactured by or for the Armed Forces of the United States (including
the Coast Guard and the National Guard of any such State) or equipment
directly and exclusively used for the purposes of transporting military
munitions as defined in Sec.  63.11180.
    (e) If you are an owner or operator of an area source subject to
this subpart, you are exempt from the obligation to obtain a permit
under 40 CFR part 70 or 71, provided you are not required to obtain a
permit under 40 CFR 70.3(a) or 71.3(a) for a reason other than your
status as an area source under this subpart. Notwithstanding the
previous sentence, you must continue to comply with the provisions of
this subpart applicable to area sources.

Sec.  63.11171  What operations does this subpart cover?

    (a) This subpart applies to each new and existing affected area
source engaged in the activities listed in paragraphs (a)(1) through
(3) of this section:
    (1) All paint stripping that involves the use of a paint stripper
that contains MeCl;
    (2) Surface coating of miscellaneous parts and/or products made of
metal or plastic, or combinations of metal and plastic; and
    (3) Finishing and refinishing of motor vehicles and mobile
equipment.
    (b) The affected source is the collection of all of the items
listed in paragraphs (b)(1) through (6) of this section. Not all
affected sources will have all of the items listed in paragraphs (b)(1)
through (6) of this section.
    (1) Mixing rooms and equipment;
    (2) Spray booths, ventilated prep stations, curing ovens, and
associated equipment;
    (3) Spray guns and associated equipment;
    (4) Spray gun cleaning equipment;
    (5) Equipment used for storage, handling, recovery, or recycling of
cleaning solvent or waste paint; and
    (6) Equipment used for paint stripping at paint stripping
facilities using paint strippers containing MeCl.
    (c) An affected source is a new source if it meets the criteria in
paragraphs (c)(1) and (c)(2) of this section.
    (1) You commenced the construction of the source after September
17, 2007 by installing new paint stripping or surface coating
equipment. If you purchase and install paint stripping equipment, spray
booths, enclosed spray gun cleaners, or purchase new spray guns to
comply with this subpart at an existing source, these actions would not
make your existing source a new source.
    (2) The new paint stripping or surface coating equipment is used at
a source that was not actively engaged in paint stripping and/or
miscellaneous surface coating prior to September 17, 2007.
    (d) An affected source is reconstructed if it meets the definition
of reconstruction in Sec.  63.2.
    (e) An affected source is an existing source if it is not a new
source or a reconstructed source.

General Compliance Requirements

Sec.  63.11172  When do I have to comply with this subpart?

    The date by which you must comply with this subpart is called the
compliance date. The compliance date for each type of affected source
is specified in paragraphs (a) and (b) of this section.
    (a) For a new or reconstructed affected source, the compliance date
is the applicable date in paragraph (a)(1) or (2) of this section:
    (1) If the initial startup of your new or reconstructed affected
source is after September 17, 2007, the compliance date is [DATE OF
PUBLICATION OF THE FINAL RULE IN THE Federal Register].
    (2) If the initial startup of your new or reconstructed affected
source occurs after [DATE OF PUBLICATION OF THE FINAL RULE IN THE
Federal Register], the compliance date is the date of initial startup
of your affected source.
    (b) For an existing affected source, the compliance date is the
date 2 years after [DATE OF PUBLICATION OF THE FINAL RULE IN THE
Federal Register].

Sec.  63.11173  What are my general requirements for complying with
this subpart?

    (a) Each paint stripping operation that is an affected area source
must implement management practices to minimize the evaporative
emissions of MeCl. The management practices must address, at a minimum,
the practices in paragraphs (a)(1) through (6) of this section, as
applicable, for your operations.
    (1) Evaluate each application to ensure there is a need for paint
stripping (e.g., evaluate whether it is possible to re-coat the piece
without removing the existing coating).
    (2) Evaluate each application where a paint stripper containing
MeCl is used to ensure that there is no alternative paint stripping
technology that can be used.
    (3) Reduce exposure of all paint strippers containing MeCl to the
air (e.g., use of a water layer or hollow plastic spheres to cover the
stripper in an immersion tank).
    (4) Optimize application conditions when using paint strippers
containing MeCl to reduce MeCl evaporation (e.g., if the stripper must
be heated, make sure that the temperature is kept as low as possible to
reduce evaporation).
    (5) Practice proper storage and disposal of paint strippers
containing MeCl (e.g., store stripper in closed, air-tight containers).
    (b) Each paint stripping operation with annual usage of 150 gallons
or more of paint strippers containing MeCl must develop and implement a
written MeCl minimization plan to minimize the use and emissions of
MeCl. The MeCl minimization plan must address, at a minimum, the
management practices specified in paragraphs (a)(1) through (5) of this
section, as applicable, for your operations. Each operation must post a
placard or sign outlining the MeCl minimization plan in each area where
paint stripping operations subject to this subpart occur.
    (c) Each paint stripping operation must maintain copies of annual
usage of paint strippers containing MeCl on-site at all times.
    (d) Each paint stripping operation with annual usage of 150 gallons
or more of paint strippers containing MeCl must maintain a copy of
their current

MeCl minimization plan on-site at all times.
    (e) Each miscellaneous surface coating operation must meet the
requirements in paragraphs (e)(1) through (e)(5) of this section.
    (1) All painters must be certified that they have completed
training in the proper spray application of surface coatings and the
proper setup and maintenance of spray equipment. The minimum
requirements for training and certification are described in paragraph
(f) of this section. The spray application of surface coatings is
prohibited by persons who are not certified as having completed the
training described in paragraph (f) of this section. The requirements
of this paragraph do not apply to the students of an accredited surface
coating training program who are under the direct supervision of an
instructor who meets the requirements of this paragraph.
    (2) All spray-applied coatings must be applied in a spray booth or
preparation station that meets the requirements of paragraph (e)(2)(i)
of this section and either paragraph (e)(2)(ii) or (e)(2)(iii) of this
section.
    (i) All spray booths and preparation stations must be fitted with
polyester fiber or fiberglass particle filters on the exhaust, or must
be fitted with a type of filter technology that is demonstrated to
achieve at least 98-percent capture of paint overspray. The procedure
used to demonstrate filter efficiency must be consistent with the
American Society of Heating, Refrigerating, and Air-Conditioning
Engineers Method 52.1, ``Gravimetric and Dust-Spot Procedures for
Testing Air-Cleaning Devices Used in General Ventilation for Removing
Particulate Matter, June 4, 1992.''
    (ii) Spray booths and preparation stations used to refinish
complete motor vehicles or mobile equipment must be fully enclosed with
a full roof, and four complete walls or complete side curtains, and
must be ventilated at negative pressure so that air is drawn into any
openings in the booth walls or preparation station curtains.
    (iii) Spray booths and preparation stations that are used to coat
miscellaneous parts and products or vehicle subassemblies must have a
full roof, at least three complete walls or complete side curtains, and
must be ventilated so that air is drawn into the booth.
    (3) All spray-applied coatings must be applied with a high-volume,
low-pressure (HVLP) spray gun, electrostatic application, or an
equivalent technology that is demonstrated by the spray gun
manufacturer to achieve comparable transfer efficiency, and for which
written approval has been obtained from the Administrator. The
procedure used to demonstrate that spray gun transfer efficiency is
equivalent to that of an HVLP spray gun must be equivalent to the
California South Coast Air Quality Management District's ``Spray
Equipment Transfer Efficiency Test Procedure for Equipment User, May
24, 1989'' and ``Guidelines for Demonstrating Equivalency with District
Approved Transfer Efficient Spray Guns, September 26, 2002.''
    (4) All paint spray gun cleaning must be done with either non-HAP
gun cleaning solvents, or with a fully enclosed spray gun cleaner. Hand
cleaning of parts of the disassembled gun, such as the air cap, with
HAP-containing solvent is permitted. Spraying of atomized or non-
atomized HAP-containing cleaning solvent through the gun outside of the
enclosed portion of the gun cleaner, or when the gun cleaner is opened,
is prohibited.
    (5) As provided in Sec.  63.6(g), we, the U.S. Environmental
Protection Agency, may choose to grant you permission to use an
alternative to the management practice standards in this section after
you have requested approval to do so according to Sec.  63.6(g)(2).
    (f) Each owner or operator of an affected miscellaneous surface
coating source must ensure and certify that all new and existing
personnel, including contract personnel, who spray apply surface
coatings are trained in the proper application of surface coatings as
required by paragraph(e)(1) of this section. The training program must
include, at a minimum, the items listed in paragraphs (f)(1) to (f)(3)
of this section.
    (1) A list of all current personnel by name and job description who
are required to be trained;
    (2) Hands-on and classroom instruction that addresses, at a
minimum, initial and refresher training in the topics listed in
paragraphs (f)(2)(i) through (2)(viii) of this section.
    (i) Surface prep.
    (ii) Spray gun set up and operation and spray technique for
different types of coatings to improve transfer efficiency and minimize
coating usage and overspray.
    (iii) Routine spray booth and filter maintenance.
    (iv) Paint mixing, matching, and applying.
    (v) Solving paint application problems.
    (vi) Finish defects causes and cures.
    (vii) Safety precautions.
    (viii) Environmental compliance.
    (3) A description of the methods to be used at the completion of
initial or refresher training to demonstrate, document, and provide
certification of successful completion of the required training.
    (g) As required by paragraph (e)(1) of this section, all new and
existing personnel at an affected miscellaneous surface coating source,
including contract personnel, who spray apply surface coatings must be
trained by the dates specified in paragraphs (g)(1) and (2).
    (1) If your source is a new source, all personnel must be trained
and certified no later than 60 days after hiring or no later than 60
days after [DATE OF PUBLICATION OF THE FINAL RULE IN THE Federal
Register], whichever is later. Painter training that was completed
within 5 years prior to the date training is required, and that meets
the requirements specified in paragraph (f)(2) of this section
satisfies this requirement and is valid for a period not to exceed 5
years after the date the training is completed.
    (2) If your source is an existing source, all personnel must be
trained and certified no later than the compliance date specified in
Sec.  63.11172(b). Painter training that was completed within 5 years
prior to the date training is required, and that meets the requirements
specified in paragraph (f)(2) of this section satisfies this
requirement and is valid for a period not to exceed 5 years after the
date the training is completed.
    (3) Training and certification will be valid for a period not to
exceed 5 years after the date the training is completed, and all
personnel must receive refresher training that meets the requirements
of this section and be re-certified every 5 years.

Sec.  63.11174  What parts of the General Provisions apply to me?

    Table 1 of this subpart shows which parts of the General Provisions
in subpart A of this part apply to you.

Notifications, Reports, and Records

Sec.  63.11175  What notifications must I submit?

    (a) Initial Notification. If you are the owner or operator of a
paint stripping operation using paint strippers containing MeCl and/or
a miscellaneous surface coating operation, you must submit the Initial
Notification required by Sec.  63.9(b) for a new affected source no
later than 120 days after initial startup or [DATE 120 DAYS AFTER THE
DATE OF PUBLICATION OF THE FINAL RULE IN THE Federal Register],
whichever is later. For an existing affected source, you must submit
the Initial Notification no later than [DATE

1 YEAR AFTER THE DATE OF PUBLICATION OF THE FINAL RULE IN THE Federal
Register]. Your Initial Notification must provide the information
specified in paragraphs (a)(1) through (6) of this section.
    (1) The name, address, phone number and e-mail address of the owner
and operator;
    (2) The address (physical location) of the affected source;
    (3) An identification of the relevant standard (i.e., this
subpart);
    (4) A brief description of the type of operation. For example:
    (i) For miscellaneous parts and products, identify whether the
substrate is metal, plastic, or a combination of metal and plastic,
brief characterization of the types of products (e.g., aerospace
components, sports equipment, etc.) number of spray booths, and number
of painters usually employed at the operation; and
    (ii) For motor vehicle or mobile equipment finishing or
refinishing, identify the type of operation (e.g., original equipment
manufacturer, collision repair facility, production paint shop
performing complete paint jobs, automobile restoration or customizing
shop, mobile equipment repair and refinishing operation), number of
spray booths, number of preparation stations, and number of painters
usually employed at the operation.
    (5) If a paint stripping operation uses 150 gallons of paint
strippers containing MeCl they must submit a written MeCl minimization
plan in accordance with Sec.  63.11173(b).
    (6) If a paint stripping operation uses less than 150 gallons of
paint strippers containing MeCl and chooses not to develop and
implement a written MeCl minimization plan in accordance with Sec.
63.11173(b), you must submit a statement signed by a responsible
official that certifies the paint stripping operation will not use more
than 150 gallons of paint strippers containing MeCl during any calendar
year in the future.
    (b) Notification of Compliance Status. If you are the owner or
operator of an existing affected paint stripping source that annually
uses more than 150 gallons of paint strippers containing MeCl or an
existing affected coating source, you must submit a Notification of
Compliance Status on or before [DATE 2 YEARS AND 60 DAYS AFTER
PUBLICATION OF FINAL RULE IN THE Federal Register]. If you are the
owner or operator of a new affected paint stripping source that
annually uses more than 150 gallons of paint strippers containing MeCl
or a new affected coating source, you must submit a Notification of
Compliance Status within 120 days after initial startup, or by [DATE
120 DAYS AFTER THE DATE OF PUBLICATION OF THE FINAL RULE IN THE Federal
Register], whichever is later. You are required to submit the
information specified in paragraphs (b)(1) through (3) of this section
with your Notification of Compliance Status:
    (1) Your company's name and address.
    (2) A statement by a responsible official with that official's
name, title, phone number, e-mail address and signature, certifying the
truth, accuracy, and completeness of the notification and a statement
of whether the source has complied with all the relevant standards and
other requirements of this subpart.
    (3) The date of the Notification of Compliance Status.
    (4) For each paint stripping affected source, you must include also
the method(s) of paint stripping employed and the annual usage of paint
strippers containing MeCl for each of the previous 5 calendar years.

Sec.  63.11176  What reports must I submit?

    (a) Annual Compliance Report. If you are the owner or operator of
an affected paint stripping source that annually uses more than 150
gallons of paint strippers containing MeCl or an affected miscellaneous
surface coating source, you are required to submit an Annual Compliance
Report to the Administrator containing the information specified in
paragraphs (a)(1) through (4) of this section. The annual compliance
report must cover each calendar year, beginning with the remainder of
the calendar year after the initial compliance date for your source.
    (1) Your company's name and address.
    (2) A statement by a responsible official with that official's
name, title, phone number, e-mail address and signature, certifying the
truth, accuracy, and completeness of the report, and certifying whether
the source is in compliance with the paint stripping and miscellaneous
surface coating standards. If the source is not in compliance, include
a description of the deviations from the requirements in Sec. Sec.
63.11173, 63.11174, 63.11177, and 63.11178, the time periods during
which the deviations occurred, and the corrective actions taken.
    (3) Date of report.
    (4) If your source includes paint stripping operations, include
also the method(s) of paint stripping employed at the facility during
the period and annual usage of paint strippers containing MeCl for
paint stripping.
    (b) You must submit the annual compliance report for each calendar
year no later than March 1 of the following calendar year.
    (c) If you are operating under a Title V permit, certification of
compliance under your permit is sufficient to meet the Annual
Compliance Report requirement.

Sec.  63.11177  What records must I keep?

    If you are the owner or operator of a miscellaneous surface coating
operation, you must keep the records specified in paragraphs (a)
through (d) and (g) of this section. If you are the owner or operator
of a paint stripping operation, you must keep the records specified in
paragraphs (e) through (g) of this section.
    (a) Certification that each painter has completed the training
specified in Sec.  63.11173(f) with the date the initial training and
the most recent refresher training was completed.
    (b) Documentation of the filter efficiency of any spray booth
exhaust filter material that is not a polyester fiber or fiberglass
filter, according to the procedure in Sec.  63.11173(e)(3)(i).
    (c) Documentation from the spray gun manufacturer that each spray
gun that does not meet the definition of an HVLP spray gun,
electrostatic application, or air brush has been determined by the
Administrator to achieve a transfer efficiency equivalent to that of an
HVLP spray gun, according to the procedure in Sec.  63.11173(e)(4).
    (d) Copies of any notification submitted as required by Sec.
63.11175 and copies of any report submitted as required by Sec.
63.11176.
    (e) Records of paint strippers containing MeCl used for paint
stripping operations at your facility, including the MeCl content of
the paint stripper used. Documentation needs to be sufficient to verify
annual usage of paint strippers containing MeCl (e.g., material safety
data sheets or other documentation provided by the manufacturer or
supplier of the paint stripper, purchase receipts, records of paint
stripper usage, engineering calculations).
    (f) If you are a paint stripping source that annually uses more
than 150 gallons of paint strippers containing MeCl, you are required
to maintain a record of your current MeCl minimization plan on-site for
the duration of your facility's operations.
    (g) Records of any deviation from the requirements in Sec. Sec.
63.11173, 63.11174, 63.11175, or 63.11176. These records must include
the date and time period of the deviation, and a description of the

nature of the deviation and the actions taken to correct the deviation.

Sec.  63.11178  In what form and for how long must I keep my records?

    If you are the owner or operator of an affected source, you must
maintain copies of the records specified in Sec.  63.11177 for a period
of at least 5 years after the date of each record. Copies of records
must be kept on site and in a printed or electronic form that is
readily accessible for inspection for at least the first 2 years after
their date, and may be kept off-site after that 2-year period.

Other Requirements and Information

Sec.  63.11179  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, the U.S.
Environmental Protection Agency (EPA), or a delegated authority such as
your State, local, or tribal agency. If the Administrator has delegated
authority to your State, local, or tribal agency, then that agency (as
well as the EPA) has the authority to implement and enforce this
subpart. You should contact your EPA Regional Office to find out if
implementation and enforcement of this subpart is delegated to your
State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this
subpart to a State, local, or tribal agency under subpart E of this
part, the authorities contained in paragraph (c) of this section are
retained by the Administrator and are not transferred to the State,
local, or tribal agency.
    (c) The authority in Sec.  63.11173(d)(3) and (e)(6) will not be
delegated to State, local, or tribal agencies.

Sec.  63.11180  What definitions do I need to know?

    Terms used in this subpart are defined in the Clean Air Act, in 40
CFR 63.2, and in this section as follows:
    Additive means a material that is added to a coating after purchase
from a supplier (e.g., catalysts, activators, accelerators).
    Air brush means a hand-held air-atomized spray gun intended for
spot repair and graphic arts work with a paint cup capacity of no more
than 1.0 fluid ounce (30 cc).
    Cleaning material means a solvent used to remove contaminants and
other materials, such as dirt, grease, or oil, from a substrate before
or after coating application or from equipment associated with a
coating operation, such as spray booths, spray guns, racks, tanks, and
hangers. Thus, it includes any cleaning material used on substrates or
equipment or both.
    Coating means a material applied to a substrate for decorative,
protective, or functional purposes. Such materials include, but are not
limited to, paints, sealants, caulks, and maskants. Decorative,
protective, or functional materials that consist only of protective
oils for metal, acids, bases, or any combination of these substances,
or paper film or plastic film which may be pre-coated with an adhesive
by the film manufacturer, are not considered coatings for the purposes
of this subpart.
    Compliance date means the date by which you must comply with this
subpart.
    Dry media blasting means abrasive blasting using dry media. Dry
media blasting relies on impact and abrasion to remove paint from a
substrate. Typically, a compressed air stream is used to propel the
media against the coated surface.
    Electrostatic application means any method of coating application
where an electrostatic attraction is created between the part to be
coated and the atomized paint particles.
    Equipment cleaning means the use of an organic solvent to remove
coating residue from the surfaces of paint spray guns and other
painting related equipment, including, but not limited to stir sticks,
paint cups, brushes, and spray booths.
    High-volume, low-pressure (HVLP) spray equipment means spray
equipment that is permanently labeled as such and used to apply any
coating by means of a spray gun which is designed and operated between
0.1 and 10 pounds per square inch gauge (psig) air atomizing pressure
measured dynamically at the center of the air cap and at the air horns.
    Initial startup means the first time equipment is brought online in
a paint stripping or surface coating operation, and paint stripping or
surface coating is first performed.
    Materials that contain HAP or HAP-containing materials mean, for
the purposes of this subpart, materials that contain 0.1 percent or
more by mass of any individual HAP that is an OSHA-defined carcinogen
as specified in 29 CFR 1910.1200(d)(4), or 1.0 percent or more by mass
for any other individual HAP.
    Military munitions means all ammunition products and components
produced or used by or for the U.S. Department of Defense (DoD) or for
the U.S. Armed Services for national defense and security, including
military munitions under the control of the Department of Defense, the
U.S. Coast Guard, the National Nuclear Security Administration (NNSA),
U.S. Department of Energy (DOE), and National Guard personnel. The term
military munitions includes: confined gaseous, liquid, and solid
propellants, explosives, pyrotechnics, chemical and riot control
agents, smokes, and incendiaries used by DoD components, including bulk
explosives and chemical warfare agents, chemical munitions, biological
weapons, rockets, guided and ballistic missiles, bombs, warheads,
mortar rounds, artillery ammunition, small arms ammunition, grenades,
mines, torpedoes, depth charges, cluster munitions and dispensers,
demolition charges, nonnuclear components of nuclear weapons, wholly
inert ammunition products, and all devices and components of any items
listed in this definition.
    Miscellaneous parts and/or products means any part or product made
of metal or plastic, or combinations of metal and plastic.
Miscellaneous parts and/or products include, but are not limited to,
metal and plastic components of the following types of products as well
as the products themselves: Motor vehicle parts and accessories for
automobiles, trucks, recreational vehicles; automobiles and light duty
trucks at automobile and light duty truck assembly plants; boats;
sporting and recreational goods; toys; business machines; laboratory
and medical equipment; and household and other consumer products.
    Miscellaneous surface coating operation means the collection of
equipment used to apply surface coating to miscellaneous parts and/or
products or to finish or refinish motor vehicles or mobile equipment
including applying cleaning solvents to prepare the surface before
coating application, mixing coatings before application, applying
coating to a surface, drying or curing the coating after application,
and cleaning coating application equipment, but not plating. A single
surface coating operation may include any combination of these types of
equipment, but always includes at least the point at which a coating
material is applied to a given part. A surface coating operation
includes all other steps (such as surface preparation with solvent and
equipment cleaning) in the affected source where HAP are emitted from
the coating of a part. The use of solvent to clean parts (for example,
to remove grease during a mechanical repair) does not constitute a
miscellaneous surface coating operation if no coatings are applied. A
single affected source may have multiple surface coating operations.
Coating application with air brush, non-refillable handheld aerosol
cans, touch-up markers, or marking pens is not a

miscellaneous surface coating operation for the purposes of this
subpart.
    Mobile equipment means any device that may be drawn and/or driven
on a roadway including, but not limited to, heavy-duty trucks, truck
trailers, fleet delivery trucks, buses, mobile cranes, bulldozers,
street cleaners, agriculture equipment, motor homes, and other
recreational vehicles (including camping trailers and fifth wheels).
    Motor vehicle means any self-propelled vehicle, including, but not
limited to, automobiles, light duty trucks, golf carts, vans, and
motorcycles.
    Non-HAP solvent means, for the purposes of this subpart, a solvent
(including thinners and cleaning solvents) that contain less than 0.1
percent by mass of any individual HAP that is an OSHA-defined
carcinogen as specified in 29 CFR 1910.1200(d)(4) and less than 1.0
percent by mass for any other individual HAP.
    Paint stripping and/or miscellaneous surface coating source or
facility means any shop, business, location, or parcel of land where
paint stripping or miscellaneous surface coating operations are
conducted.
    Paint stripping means the removal of dried coatings from wood,
metal, plastic, and other substrates. A single affected source may have
multiple paint stripping operations.
    Painter means any facility personnel who apply coating materials.
    Plastic refers to substrates containing one or more resins and may
be solid, porous, flexible, or rigid.
    Protective oil means organic material that is applied to metal for
the purpose of providing lubrication or protection from corrosion
without forming a solid film. This definition of protective oil
includes, but is not limited to, lubricating oils, evaporative oils
(including those that evaporate completely), and extrusion oils.
    Solvent means a fluid containing organic compounds used to perform
paint stripping, surface prep, or cleaning of surface coating
equipment.
    Spot repair means the repair of the finish on motor vehicles,
mobile equipment, or associated parts or components that is less than 1
square foot in area.
    Surface preparation or Surface prep means use of a cleaning
material on a portion of or all of a substrate prior to the application
of a coating.
    Transfer efficiency means the amount of coating solids adhering to
the object being coated divided by the total amount of coating solids
sprayed, expressed as a percentage. Coating solids means the
nonvolatile portion of the coating that makes up the dry film.
    Truck bed liner coating means any coating, excluding color coats,
labeled and formulated for application to a truck bed to protect it
from surface abrasion.

     Table 1 to Subpart HHHHHH of Part 63.--Applicability of General Provisions to Subpart HHHHHH of Part 63
----------------------------------------------------------------------------------------------------------------
                                                                Applicable to Subpart
             Citation                         Subject                   HHHHHH                Explanation
----------------------------------------------------------------------------------------------------------------
Sec.   63.1(a)(1)-(12)............  General Applicability.....  Yes..................
Sec.   63.1(b)(1)-(3).............  Initial Applicability       Yes..................  Applicability of subpart
                                     Determination.                                     HHHHHH is also specified
                                                                                in Sec.   63.11170.
Sec.   63.1(c)(1).................  Applicability After         Yes..................
                                     Standard Established.
Sec.   63.1(c)(2).................  Applicability of Permit     Yes..................  Sec.   63.11170(e) of
                                     Program for Area Sources.                          Subpart HHHHHH exempts
                                                                                area sources from the
                                                                                obligation to obtain
                                                                                Title V operating
                                                                                permits.
Sec.   63.1(c)(5).................  Notifications.............  Yes..................
Sec.   63.1(e)....................  Applicability of Permit     No...................  Sec.   63.11170(e) of
                                     Program to Major Sources                           Subpart HHHHHH exempts
                                     Before Relevant Standard                           area sources from the
                                     is Set.                                            obligation to obtain
                                                                                Title V operating
                                                                                permits.
Sec.   63.2.......................  Definitions...............  Yes..................  Additional definitions
                                                                                are specified in Sec.
                                                                                63.11180.
Sec.   63.3(a)-(c)................  Units and Abbreviations...  Yes..................
Sec.   63.4(a)(1)-(5).............  Prohibited Activities.....  Yes..................
Sec.   63.4(b)-(c)................  Circumvention/              Yes..................
                                     Fragmentation.
Sec.   63.5.......................  Construction/               No...................  Subpart HHHHHH applies
                                     Reconstruction of major                            only to area sources.
                                     sources.
Sec.   63.6(a)....................  Compliance With Standards   Yes..................
                                     and Maintenance
                                     Requirements--Applicabili
                                     ty.
Sec.   63.6(b)(1)-(7).............  Compliance Dates for New    Yes..................  Sec.   63.11172 specifies
                                     and Reconstructed Sources.                         the compliance dates.
Sec.   63.6(c)(1)-(5).............  Compliance Dates for        Yes..................  Sec.   63.11172 specifies
                                     Existing Sources.                                  the compliance dates.
Sec.   63.6(e)(1)-(2).............  Operation and Maintenance.  Yes..................
Sec.   63.6(e)(3).................  Startup, Shutdown, and      No...................  No startup, shutdown, and
                                     Malfunction Plan.                                  malfunction plan is
                                                                                required by subpart
                                                                                HHHHHH.
Sec.   63.6(f)(1).................  Compliance Except During    Yes..................
                                     Startup, Shutdown, and
                                     Malfunction.
Sec.   63.6(f)(2)-(3).............  Methods for Determining     Yes..................
                                     Compliance.
Sec.   63.6(g)(1)-(3).............  Use of an Alternative       Yes..................
                                     Standard.
Sec.   63.6(h)....................  Compliance With Opacity/    No...................  Subpart HHHHHH does not
                                     Visible Emission                                   establish opacity or
                                     Standards.                                         visible emission
                                                                                standards.
Sec.   63.6(i)(1)-(16)............  Extension of Compliance...  Yes..................
Sec.   63.6(j)....................  Presidential Compliance     Yes..................
                                     Exemption.
Sec.   63.7.......................  Performance Testing         No...................  No performance testing is
                                     Requirements.                                      required by subpart
                                                                                HHHHHH.
Sec.   63.8.......................  Monitoring Requirements...  No...................  Subpart HHHHHH does not
                                                                                require the use of
                                                                                continuous monitoring
                                                                                systems.
Sec.   63.9(a)-(d)................  Notification Requirements.  Yes..................  Sec.   63.11175 specifies
                                                                                notification
                                                                                requirements.

Sec.   63.9(e)....................  Notification of             No...................  Subpart HHHHHH does not
                                     Performance Test.                                  require performance
                                                                                tests.
Sec.   63.9(f)....................  Notification of Visible     No...................  Subpart HHHHHH does not
                                     Emissions/Opacity Test.                            have opacity or visible
                                                                                emission standards.
Sec.   63.9(g)....................  Additional Notifications    No...................  Subpart HHHHHH does not
                                     When Using CMS.                                    require the use of
                                                                                continuous monitoring
                                                                                systems.
Sec.   63.9(h)....................  Notification of Compliance  No...................  Sec.   63.11175 specifies
                                     Status.                                            the dates and required
                                                                                content for submitting
                                                                                the notification of
                                                                                compliance status.
Sec.   63.9(i)....................  Adjustment of Submittal     Yes..................
                                     Deadlines.
Sec.   63.9(j)....................  Change in Previous          Yes..................
                                     Information.
Sec.   63.10(a)...................  Recordkeeping/Reporting--   Yes..................
                                     Applicability and General
                                     Information.
Sec.   63.10(b)(1)................  General Recordkeeping       Yes..................  Additional requirements
                                     Requirements.                                      are specified in Sec.
                                                                                63.11177.
Sec.   63.10(b)(2)(i)-(xi)........  Recordkeeping Relevant to   No...................  Subpart HHHHHH does not
                                     Startup, Shutdown, and                             require startup,
                                     Malfunction Periods and                            shutdown, and
                                     CMS.                                               malfunction plans, or
                                                                                CMS.
Sec.   63.10(b)(2)(xii)...........  Waiver of recordkeeping     Yes..................
                                     requirements.
Sec.   63.10(b)(2)(xiii)..........  Alternatives to the         No...................  Subpart HHHHHH does not
                                     relative accuracy test.                            require the use of CEMS.
Sec.   63.10(b)(2)(xiv)...........  Records supporting          Yes..................
                                     notifications.
Sec.   63.10(b)(3)................  Recordkeeping Requirements  Yes..................
                                     for Applicability
                                     Determinations.
Sec.   63.10(c)...................  Additional Recordkeeping    No...................  Subpart HHHHHH does not
                                     Requirements for Sources                           require the use of CMS.
                                     with CMS.
Sec.   63.10(d)(1)................  General Reporting           Yes..................  Additional requirements
                                     Requirements.                                      are specified in Sec.
                                                                                63.11176.
Sec.   63.10(d)(2)-(3)............  Report of Performance Test  No...................  Subpart HHHHHH does not
                                     Results, and Opacity or                            require performance
                                     Visible Emissions                                  tests, or opacity or
                                     Observations.                                      visible emissions
                                                                                observations.
Sec.   63.10(d)(4)................  Progress Reports for        Yes..................
                                     Sources With Compliance
                                     Extensions.
Sec.   63.10(d)(5)................  Startup, Shutdown, and      No...................  Subpart HHHHHH does not
                                     Malfunction Reports.                               require startup,
                                                                                shutdown, and
                                                                                malfunction reports.
Sec.   63.10(e)...................  Additional Reporting        No...................  Subpart HHHHHH does not
                                     requirements for Sources                           require the use of CMS.
                                     with CMS.
Sec.   63.10(f)...................  Recordkeeping/Reporting     Yes..................
                                     Waiver.
Sec.   63.11......................  Control Device              No...................  Subpart HHHHHH does not
                                     Requirements/Flares.                               require the use of
                                                                                flares.
Sec.   63.12......................  State Authority and         Yes..................
                                     Delegations.
Sec.   63.13......................  Addresses of State Air      Yes..................
                                     Pollution Control
                                     Agencies and EPA Regional
                                     Offices.
Sec.   63.14......................  Incorporation by Reference  Yes..................  Test methods for
                                                                                measuring paint booth
                                                                                filter efficiency and
                                                                                spray gun transfer
                                                                                efficiency in Sec.
                                                                                63.11173(e)(2) and (4)
                                                                                are incorporated and
                                                                                included in Sec.
                                                                                63.14.
Sec.   63.15......................  Availability of             Yes..................
                                     Information/
                                     Confidentiality.
Sec.   63.16(a)...................  Performance Track           Yes..................
                                     Provisions--reduced
                                     reporting.
Sec.   63.16(b)-(c)...............  Performance Track           No...................  Subpart HHHHHH does not
                                     Provisions--reduced                                establish numerical
                                     reporting.                                         emission limits.
----------------------------------------------------------------------------------------------------------------

[FR Doc. E7-17973 Filed 9-14-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 180 (Friday, September 16, 2011)]
[Rules and Regulations]
[Pages 57661-57662]
[FR Doc No: 2011-23823]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1998-0007; FRL-9465-7]

National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List

AGENCY: Environmental Protection Agency.

ACTION: Withdrawal of direct final rule.

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

SUMMARY: On July 29, 2011, the Environmental Protection Agency (EPA)
published a Notice of Intent to Delete and a Direct Notice of Deletion
for the State Marine of Port Arthur (SMPA) Superfund Site from the
National Priorities List. The EPA is withdrawing the Final Direct
Notice of Deletion because the deletion notices were published in the
Federal Register without Headquarter's concurrence as required under
the Comprehensive Environmental Response, Compensation, and Liability
Act Delegation of Authority.

DATES: Effective Date: This withdrawal of the direct final action (76
FR 45428) is effective as of September 16, 2011.

ADDRESSES:
    Information Repositories: Comprehensive information on the SMPA
Superfund Site, as well as the comments that we received during the
comment period, are available in Docket EPA-HQ-SFUND-1998-0007,
accessed through the http://www.regulations.gov Web site. Although
listed in the docket index, some information is not publicly available
(e.g., CBI or other information whose disclosure is restricted by
statute). Certain other material, such as copyrighted material, will be
publicly available only in hard copy. Publicly available docket
materials are available either electronically in http://www.regulations.gov or in hard copy at:
    1. U.S. Environmental Protection Agency, Region 6; 1445 Ross
Avenue, Suite 700; Dallas, Texas 75202-2733; Hours of operation: Monday
thru Friday, 9 a.m. to 12 p.m. and 1 to 4 p.m. Contact: Rafael A.
Casanova<PHONE_NUMBER>.
    2. Port Arthur Public Library; 4615 9th Avenue; Port Arthur, Texas
77642-5799; Hours of operation: Monday thru Thursday, 9 a.m. to 9 p.m.;
Friday, 9 a.m. to 6 p.m.; Saturday, 9 a.m. to 5 p.m.; and Sunday, 2 to
5 p.m.

FOR FURTHER INFORMATION CONTACT: Rafael A. Casanova, Remedial Project
Manager; U.S. Environmental Protection Agency, Region 6; Superfund
Division (6SF-RA); 1445 Ross Avenue, Suite

1200; Dallas, Texas 75202-2733; telephone number:<PHONE_NUMBER>; e-
mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals,
Hazardous waste, Hazardous substances, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.

    Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR
2923; 3 CFR, 1987 Comp., p. 193.

    Dated: September 6, 2011.
Al Armendariz,
Regional Administrator, Region 6.

    Accordingly, the amendment to Table 1 of Appendix B to CFR part 300
to remove the entry ``State Marine of Port Arthur Superfund Site,''
``Port Arthur, Texas,'' is withdrawn as of September 16, 2011.
[FR Doc. 2011-23823 Filed 9-15-11; 8:45 am]
BILLING CODE 6560-50-P