[Federal Register Volume 83, Number 226 (Friday, November 23, 2018)]
[Notices]
[Pages 59427-59429]
[FR Doc No: 2018-25468]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84611; File No. SR-NSCC-2018-010]

Self-Regulatory Organizations; National Securities Clearing
Corporation; Notice of Filing and Immediate Effectiveness of a Proposed
Rule Change To Enhance the Mutual Fund Profile Service To Provide for
the Transmission of Event Notifications Through a New Feature Called MF
Info Xchange

November 16, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on November 13, 2018, National Securities Clearing Corporation
(``NSCC'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared by the clearing agency.
NSCC filed the proposed rule change pursuant to Section 19(b)(3)(A) of
the Act \3\ and Rule 19b-4(f)(4) thereunder.\4\ 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\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(4).
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I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    The proposed rule change consists of modifications to NSCC's Rules
& Procedures (``Rules'') in order to reflect proposed enhancements to
NSCC's Mutual Fund Services.\5\ The proposed rule change would enhance
the Mutual Fund Profile Service (``MFPS'') \6\ of NSCC to provide for
the delivery and receipt of event notifications relating to funds and
pooled investment entities through a new feature called MF Info
Xchange, as described in greater detail below.
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    \5\ Capitalized terms used herein and not otherwise defined
shall have the meaning assigned to such terms in the Rules,
available at http://dtcc.com/~/media/Files/Downloads/legal/rules/
nscc_rules.pdf.
    \6\ Section D of Rule 52, supra note 5.
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II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

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

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

1. Purpose
    The proposed rule change consists of modifications to the Rules in
order to reflect proposed enhancements to NSCC's Mutual Fund Services.
The proposed rule change would enhance MFPS to provide for the delivery
and receipt of event notifications relating to funds and pooled
investment entities through a new feature called MF Info Xchange, as
described in greater detail below.
(i) Background
    In 1996, NSCC launched MFPS, providing participating Members with
an automated method of transmitting and receiving daily price and rate
information pertaining to funds and other pooled investment entities
(collectively referred hereto as ``Funds'') through a centralized and
standardized facility.\7\ In 1998, NSCC implemented three new databases
as part of MFPS, (i) the participant profile database, (ii) the
security issue profile database and (iii) the distribution declaration
information profile database,\8\ through which NSCC offers the Funds
industry a centralized repository for prospectus and operational
information relating to Fund securities, Fund distributions and Fund
processing capabilities.
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    \7\ Securities Exchange Act Release No. 37171 (May 8, 1996), 61
FR 24343 (May 14, 1996) (SR-NSCC-1996-04).
    \8\ Securities Exchange Act Release No. 40614 (October 28,
1998), 63 FR 59615 (November 4, 1998) (SR-NSCC-1998-09).
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    MF Info Xchange would be a new feature of MFPS that would
facilitate communication of event notifications among Funds, their
principal underwriters or other entities authorized to process
transactions on behalf of Funds, that are Members, Mutual Fund/
Insurance Services Members, Investment Manager/Agent Members, TPP
Members, TPA Members, Data Services Only Members and Fund Members
(``data providers''), on the one hand, and the distribution partners of
the Funds, such as broker-dealers and banks that are NSCC Members \9\
and other third parties identified by the data providers to receive
event notifications (``data receivers''), on the other hand. On a daily
basis, data providers and data receivers exchange a number of event
notifications via email, fax and phone call outside of NSCC relating to
events affecting the Funds. Such event notifications include corporate
actions, such as Fund name changes, mergers, acquisitions and closures,
and other events, such as expense ratio changes and benchmark changes.
These event notifications are not standardized across the industry, and
data receivers do not currently have an efficient standardized method
to view and manage past and upcoming Fund events.
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    \9\ For purposes of this filing, ``NSCC Members'' shall mean
Members and Limited Members.
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    The mutual fund industry has requested that NSCC deliver a data
sharing solution for participants in the Fund industry to exchange such
event notifications, and create standardization to the event
notification process. The current event notification process is
inconsistent among data providers and data receivers, with data
providers sending event notifications using various methods without
standardized formats across the industry. The existing methods of
sending event notifications are often time consuming manual processes
that add risk and complexity by increasing the chance of manual errors
and leaving event notifications open to interpretation because of the
lack of standardized formats. MF Info Xchange has been developed with
the active participation of an industry working group to streamline the
delivery and receipt of various types of Fund event notifications to
provide a standardized method of sending event notifications.
    Data providers using MF Info Xchange would be able to submit event
notifications for distribution, using data entry, uploads and other
input mechanisms, modify previously submitted event notifications, view
upcoming and past notifications and manage distribution lists. Upon
receipt of the event notification data through MF Info Xchange, NSCC
would create a unique ID associated with the event relating to the
notification, and track corrections and updates to the same event using
the same event ID. NSCC would also store the data in a data repository
for retrieval by NSCC Members. In addition, NSCC would distribute the
event notifications via email to a defined distribution list provided
by the data providers. Data providers could also indicate the NSCC
Members on the distribution list that could be given access to the
event notifications on the data repository. Such NSCC Members that have
subscribed to MF Info Xchange would have access to the data repository
to retrieve the event notifications and

updates to those event notifications from a centralized location.
    NSCC Members would be able to use MF Info Xchange to transmit event
notifications for certain predefined event types. Upon the initial
launch, Fund mergers/acquisitions and Fund closures would be the only
event types for which event notifications could be sent using MF Info
Xchange. NSCC would announce by Important Notice posted on its website
any enhancements of MF Info Xchange that result in new event types
available for event notifications. Given the limited number of Fund
event types available for event notifications upon the launch of MF
Info Xchange, NSCC would not charge fees initially for the use of MF
Info Xchange. NSCC would file with the Commission an appropriate rule
change proposal to implement any fees for MF Info Xchange if NSCC adds
a fee for the feature.
(ii) Proposed Rule Changes
    The proposed rule change would amend Rule 52 to state that NSCC
would provide MF Info Xchange to enable data providers that are
Members, Mutual Fund/Insurance Services Members, Investment Manager/
Agent Members, TPP Members, TPA Members, Data Services Only Members and
Fund Members to transmit event notifications relating to Funds to other
NSCC Members and to other third parties identified by the data
providers to receive the event notifications, or to otherwise supply
and provide access to event notifications directly to or from NSCC
through a data repository. The proposed rule change would provide that
NSCC may determine from time to time, and would announce by Important
Notice, which types of event notifications may be transmitted using MF
Info Xchange. The proposed rule change would provide that NSCC would
not be responsible for the completeness or accuracy of any event
notifications transmitted using MF Info Xchange nor for any errors,
omissions or delays that may occur relating to the event notifications.
(iii) Implementation Timeframe
    NSCC expects to implement MF Info Xchange on November 29, 2018. As
proposed, a legend would be added to Rule 52 stating there are changes
that became effective upon filing with the Commission but have not yet
been implemented. The proposed legend also would include a date on
which such changes would be implemented and the file number of this
proposal, and state that, once this proposal is implemented, the legend
would automatically be removed from Rule 52.
2. Statutory Basis
    Section 17A(b)(3)(F) of the Act \10\ requires, in part, that the
Rules be designed to foster cooperation and coordination with persons
engaged in the clearance and settlement of securities transactions.
NSCC believes that the proposed rule change would enhance the ability
of data providers to send, and for data receivers to access and
retrieve, Fund event notification data in a standardized format and in
a centralized location. Currently, there is not an industry-wide
structured method of providing such event notification data, and data
providers send, and data receivers receive, such event notifications in
an inefficient and non-standardized manner across the industry. NSCC
believes that the proposed rule change would provide the Fund industry
a more efficient and streamlined method for data providers to
communicate Fund event notification data to data receivers. As such,
NSCC believes that the proposed rule change would foster cooperation
and coordination among persons engaged in the clearance and settlement
of securities, consistent with the requirements of Section 17A(b)(3)(F)
of the Act.\11\
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    \10\ 15 U.S.C. 78q-1(b)(3)(F).
    \11\ Id.
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    In addition, the proposed rule change is designed to be consistent
with Rule 17Ad-22(e)(21) promulgated under the Act.\12\ Rule 17Ad-
22(e)(21) requires NSCC to, inter alia, establish, implement, maintain
and enforce written policies and procedures reasonably designed to be
efficient and effective in meeting the requirements of its participants
and the markets it serves. The proposed rule change would streamline
the Fund event notifications process, which would enhance (i)
efficiency in making such event notifications by reducing reliance on
emails, faxes and phone calls for event notifications, which are
inconsistent and a time consuming manual process, and (ii)
effectiveness in making such event notifications by providing a
standardized format to send such event notifications, which NSCC
believes would reduce errors in the event notification process that
occur as a result of the current inconsistent and unstructured event
notification process. Therefore, by establishing a more efficient and
effective process for data providers to deliver, and data receivers to
receive, Fund event notifications, NSCC believes that the proposed
change is consistent with the requirements of Rule 17Ad-22(e)(21),
promulgated under the Act.\13\
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    \12\ 17 CFR 240.17Ad-22(e)(21).
    \13\ Id.
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(B) Clearing Agency's Statement on Burden on Competition

    NSCC does not believe that the proposed rule change would have any
adverse impact, or impose any burden, on competition because the
proposed rule change would add an optional feature to NSCC's services
that would provide data providers the ability to send event
notification data in a standardized format. As an optional feature
available for subscription with no additional fees, the proposed rule
change would not disproportionally impact any NSCC participants.
    Moreover, because the proposed rule change would allow data
providers to more effectively communicate Fund event notifications,
NSCC believes the proposed rule change would have a positive effect on
competition among Fund industry participants. The proposed feature
would provide data providers with a more efficient method of
distributing event notifications to parties that need to see such
information in order to facilitate the trading and processing of Fund
securities. NSCC believes this would enhance competition among Funds
and Fund participants by allowing parties to distribute such
information more quickly and in a more streamlined manner.

(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants, or Others

    NSCC has not received or solicited any written comments relating to
this proposal. NSCC will notify the Commission of any written comments
received by NSCC.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \14\ and paragraph (f) of Rule 19b-4
thereunder.\15\ At any time within 60 days of the filing of the
proposed rule change, the Commission summarily may temporarily suspend
such rule change if it appears to the Commission that such action is
necessary or appropriate in the public interest, for the protection of

investors, or otherwise in furtherance of the purposes of the Act.
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    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f).
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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 protected]. Please include
File Number SR-NSCC-2018-010 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NSCC-2018-010. 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 NSCC and on DTCC's website
(http://dtcc.com/legal/sec-rule-filings.aspx). 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-NSCC-2018-010 and should be submitted on
or before December 14, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
Eduardo A. Aleman,
Assistant Secretary.
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    \16\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2018-25468 Filed 11-21-18; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 194 (Wednesday, October 7, 2015)]
[Rules and Regulations]
[Pages 60540-60541]
[FR Doc No: 2015-25347]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2012-0974, FRL-9935-15-Region 8]

Promulgation of State Implementation Plan Revisions;
Infrastructure Requirements for the 2008 Ozone, 2008 Lead, and 2010
NO2 National Ambient Air Quality Standards; North Dakota

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving
elements of State Implementation Plan (SIP) revisions from the State of
North Dakota to demonstrate the State meets infrastructure requirements
of the Clean Air Act (Act, CAA) for the National Ambient Air Quality
Standards (NAAQS) promulgated for ozone on March 12, 2008; lead (Pb) on
October 15, 2008; and nitrogen dioxide (NO2) on January 22,
2010. Section 110(a) of the CAA requires that each state submit a SIP
for the implementation, maintenance, and enforcement of each NAAQS
promulgated by EPA.

DATES: This rule is effective November 6, 2015.

ADDRESSES: The EPA has established a docket for this action under
Docket Identification Number EPA-R08-OAR-2012-0974. All documents in
the docket are listed on the http://www.regulations.gov Web site.
Although listed in the index, some information may not be publicly
available, i.e., Confidential Business Information or other information
the disclosure of which is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in the hard copy form. Publicly
available docket materials are available either electronically through
http://www.regulations.gov or in hard copy at EPA Region 8, Office of
Partnerships and Regulatory Assistance, Air Program, 1595 Wynkoop
Street, Denver, Colorado 80202-1129. The EPA requests that you contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section to
view the hard copy of the docket. The Regional Office's official hours
of business are Monday through Friday, 8:00 a.m.-4:00 p.m., excluding
federal holidays. An electronic copy of the State's SIP compilation is
also available at http://www.epa.gov/region8/air/sip.html.

FOR FURTHER INFORMATION CONTACT: Abby Fulton, Air Program, U.S.
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Infrastructure requirements for SIPs are provided in section
110(a)(1) and (2) of the CAA. Section 110(a)(2) lists the specific
infrastructure elements that a SIP must contain or satisfy. The
elements that are the subject of this action are described in detail in
our notice of proposed rulemaking (NPR) published on July 15, 2015 (80
FR 41450).
    The NPR proposed approval of North Dakota's submissions with
respect to the following CAA section 110(a)(2) infrastructure elements
for the 2008 ozone, 2008 Pb, and 2010 NO2 NAAQS: (A), (B),
(C) with respect to minor NSR and PSD requirements, (D)(i)(II) elements
3 and 4, (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M); and
D(i)(I) elements 1 and 2 for the 2008 Pb and 2010 NO2 NAAQS.
The NPR also proposed approval of element 4 of CAA section
110(a)(2)(D)(i)(II) for the 2006 fine particulate matter
(PM2.5) NAAQS. EPA will act separately on infrastructure
element (D)(i)(I), interstate transport elements 1 and 2 for the 2008
ozone NAAQS. The reasons for our approvals are provided in detail in
the NPR.

II. Response to Comments

    No comments were received on our July 15, 2015 NPR.

III. Final Action

    EPA is approving the following infrastructure elements for the 2008

ozone, 2008 Pb, and 2010 NO2 NAAQS: CAA 110(a)(2)
(A), (B), (C) with respect to minor NSR and PSD requirements,
(D)(i)(II) elements 3 and 4, (D)(ii), (E), (F), (G), (H), (J), (K),
(L), and (M). EPA is approving element 4 of 110(a)(2)(D)(i)(II) for the
2006 PM2.5 NAAQS. Finally, EPA is approving D(i)(I) elements
1 and 2 for the 2008 Pb and 2010 NO2 NAAQS. EPA will act
separately on infrastructure element (D)(i)(I), interstate transport
elements 1 and 2 for the 2008 ozone NAAQS.\1\
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    \1\ This action also corrects an error to a Federal Register
citation in our NPR (80 FR 41450, July 15, 2015) on page 41454. The
NPR incorrectly cites approval of the State's SIP-approved minor NSR
program at 60 FR 43401 rather than the correct citation of 42 FR
26977 (May 26, 1977).
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IV. Statutory and Executive Orders Review

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations (42 U.S.C. 7410(k), 40 CFR 52.02(a)). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves relevant state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, Oct. 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, Aug. 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, Feb. 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 and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 7, 2015. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

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

    Dated: September 21, 2015.
Shaun L. McGrath,
Regional Administrator, Region 8.

    40 CFR part 52 is amended to read as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart JJ--North Dakota

0
2. Section 52.1833 is amended by adding paragraph (d) to read as
follows:

Sec.  52.1833  Section 110(a)(2) infrastructure requirements.

* * * * *
    (d) EPA is approving the following infrastructure elements for the
2008 ozone, 2008 Pb, and 2010 NO2 NAAQS: CAA
110(a)(2) (A), (B), (C) with respect to minor NSR and PSD requirements,
(D)(i)(II) elements 3 and 4, (D)(ii), (E), (F), (G), (H), (J), (K),
(L), and (M). EPA is approving element 4 of 110(a)(2)(D)(i)(II) for the
2006 PM2.5 NAAQS. Finally, EPA is approving D(i)(I) elements
1 and 2 for the 2008 Pb and 2010 NO2 NAAQS.

[FR Doc. 2015-25347 Filed 10-6-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 172 (Wednesday, September 5, 2018)]
[Notices]
[Pages 45124-45125]
[FR Doc No: 2018-19260]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2003-0078; FRL-9983-34-OAR]

Proposed Information Collection Request; Comment Request;
Landfill Methane Outreach Program (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency is planning to submit an
information collection request (ICR), ``Landfill Methane Outreach
Program'' (EPA ICR No. 1849.08, OMB Control No. 2060-0446) to the
Office of Management and Budget (OMB) for review and approval in
accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Before doing so, EPA is soliciting public comments on specific aspects
of the proposed information collection as described below. This is a
proposed extension of the ICR, which is currently approved through May
31, 2019. An Agency may not conduct or sponsor and a person is not
required to respond to a collection of information unless it displays a
currently valid OMB control number.

DATES: Comments must be submitted on or before November 5, 2018.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-
2003-0078, online using www.regulations.gov (our preferred method), by
email to [email protected], or by mail to: EPA Docket Center,
Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania
Ave. NW, Washington, DC 20460.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Lauren Aepli, Climate Change Division,
Office of Atmospheric Programs, (6207A), Environmental Protection
Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone
number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; email address:
[email protected].

SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting
comments and information to enable it to: (i) Evaluate whether the
proposed collection of information is necessary for the proper
performance of the functions of the Agency, including whether the
information will have practical utility; (ii) evaluate the accuracy of
the Agency's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (iii) enhance the quality, utility, and clarity of the
information to be collected; and (iv) minimize the burden of the
collection of information on those who are to respond, including
through the use of appropriate automated electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses. EPA
will consider the comments received and amend the ICR as appropriate.
The final ICR package will then be submitted to OMB for review and
approval. At that time, EPA will issue another Federal Register notice
to announce the submission of the ICR to OMB and the opportunity to
submit additional comments to OMB.
    Abstract: The Landfill Methane Outreach Program (LMOP), created by
EPA as part of the United States' commitment to reduce greenhouse gas
emissions under the United Nations Framework Convention on Climate
Change, is a voluntary program designed to encourage and facilitate the
development of environmentally and economically sound landfill gas
(LFG) energy projects across the United States to reduce methane
emissions from landfills. LMOP meets these objectives by educating
local governments and communities about the benefits of LFG recovery
and use; building partnerships between state agencies, industry, energy
service providers, local communities, and other stakeholders interested
in developing this valuable resource in their community; and providing
tools to evaluate LFG energy potential. LMOP signed voluntary Memoranda
of Understanding (MOUs) with these organizations to enlist their
support in promoting cost-effective LFG utilization. The information
collection includes completion and submission of the MOU, periodic
information updates, and annual completion and submission of basic
information on landfill methane projects with which the organizations
are involved as an effort to update the LMOP Landfill and Landfill Gas
Energy Project Database. The information collection is to be utilized
to maintain up-to-date data and information about LMOP Partners and LFG
energy projects with which they are involved. The data

will also be used by the public to access LFG energy project
development opportunities in the United States. In addition, the
information collection will assist LMOP in evaluating the reduction of
methane emissions from landfills.
    Form numbers: 5900-157, 5900-158, 5900-159, 5900-160, 5900-161, and
5900-162.
    Respondents/affected entities: Private companies and municipalities
that own or operate landfills; manufacturers and suppliers of
equipment/knowledge to capture and utilize LFG; utility companies; end-
users of energy from landfills; developers of LFG energy projects;
State agencies; and other LFG energy stakeholders.
    Respondent's obligation to respond: Voluntary.
    Estimated number of respondents: 1,137 (total).
    Frequency of response: On occasion.
    Total estimated burden: 2,270 hours (per year). Burden is defined
at 5 CFR 1320.03(b).
    Total estimated cost: $194,890 (per year), includes $0 annualized
capital or operation & maintenance costs.
    Changes in estimates: There is a decrease of 252 hours in the total
estimated respondent burden compared with the ICR currently approved by
OMB. This decrease is due to transition to an electronic collection of
updates to landfill methane projects with which the organizations are
involved.

    Dated: August 29, 2018.
Paul M. Gunning,
Director, Climate Change Division.
[FR Doc. 2018-19260 Filed 9-4-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 192 (Wednesday, October 3, 2018)]
[Proposed Rules]
[Pages 49900-49903]
[FR Doc No: 2018-21449]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R06-RCRA-2017-0324; FRL-9984-40--Region 6]

Oklahoma: Proposed Authorization of State Hazardous Waste
Management Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The State of Oklahoma Department of Environmental Quality
(ODEQ) has applied to the Environmental Protection Agency (EPA) for
final authorization of the changes to its hazardous waste program under
the Resource Conservation and Recovery Act (RCRA). The EPA has reviewed
Oklahoma's application, and has determined that these changes satisfy
all requirements needed to qualify for final authorization, and is
proposing to authorize the State's changes. The EPA is seeking public
comment prior to taking final action.

DATES: Comments on this proposed rule must be received by November 2,
2018.

ADDRESSES: Submit your comments by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Email: [email protected].
     Fax:<PHONE_NUMBER> (prior to faxing, please notify Alima
Patterson at<PHONE_NUMBER>).
     Mail: Alima Patterson, Regional Authorization/Codification
Coordinator, RCRA Permit Section (6MM-RP), Multimedia Division, EPA
Region 6, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733.
     Hand Delivery or Courier: Deliver your comments to Alima
Patterson, Regional Authorization/Codification Coordinator, RCRA Permit
Section (6MM-RP), Multimedia Division, EPA Region 6, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202-2733.
    Instructions: EPA must receive your comments by November 2, 2018.
Direct your comments to Docket ID Number EPA-R06-RCRA-2017-0324. The
EPA's policy is that all comments received will be included in the
public docket without change and may be made available online at http://www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through http://www.regulations.gov, or
email. The Federal http://www.regulations.gov website is an ``anonymous
access'' system, which means the EPA will not know your identity or
contact information unless you provide it in the body of your comment.
If you send an email comment directly to the EPA without going through
regulations.gov, your email address will be automatically captured and
included as part of the comment that is placed in the public docket and
made available on the internet. If you submit an electronic comment,
the EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If the EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, the EPA may not
be able to consider your comment. Electronic files should avoid the use
of special characters, any form of encryption, and be free of any
defects or viruses. (For additional information about the EPA's public
docket, visit the EPA Docket Center homepage at http://www.regulations.gov).
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, 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.
    You can view and copy Oklahoma's application and associated
publicly available materials from 8:30 a.m. to 4 p.m., Monday through
Friday, at the following locations: Oklahoma Department of
Environmental Quality, 707 North Robinson, Oklahoma City, Oklahoma
73101-1677,<PHONE_NUMBER> and EPA, Region 6, 1445 Ross Avenue, Suite
1200, Dallas, Texas 75202-2733, phone number<PHONE_NUMBER>. Interested
persons wanting to examine these documents should make an appointment
with the office at least two weeks in advance.

FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6, Regional
Authorization/Codification Coordinator, Permit Section (6MM-RP),
Multimedia Division,<PHONE_NUMBER>, EPA Region 6, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202-2733, and Email address
[email protected].

SUPPLEMENTARY INFORMATION:

A. Why are revisions to State programs necessary?

    States which have received final authorization from the EPA under
RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous
waste program that is equivalent to, consistent with, and no less
stringent than the Federal program. As the Federal program changes,
States must change their programs and ask the EPA to authorize the
changes. Changes to State programs may be necessary when Federal or
State statutory or regulatory authority is modified or when certain
other changes occur. Most commonly, States must change their programs
because of changes to the EPA's regulations in 40 Code of Federal
Regulations (CFR) parts 124, 260 through 266, 268, 270, 273, and 279.

B. What decisions has the EPA made in this rule?

    On March 31, 2017, the ODEQ submitted a final program revision
application, excluding the Definition of Solid Waste (DSW), rule
seeking authorization of changes to its hazardous waste program that
correspond to Federal rules promulgated between July 2014 and June 2015
(RCRA Cluster XXIV). The EPA has reviewed Oklahoma's application to
revise its authorized program and has made a tentative decision that it
meets all of the statutory and regulatory requirements established by
RCRA. Therefore, we propose to grant ODEQ final authorization to
operate its hazardous waste program with the changes described in the
authorization application. ODEQ will continue to have responsibility
for permitting treatment, storage, and disposal facilities within its
borders, and for carrying out the aspects of the RCRA program described
in its revised program application, subject to the limitations of the
Hazardous and Solid Waste Amendments of 1984 (HSWA). New Federal
requirements and prohibitions imposed by Federal regulations that the
EPA promulgates under the authority of HSWA take effect in authorized
States before they are authorized for the requirements. Thus, the EPA
will implement those requirements and prohibitions in Oklahoma,
including issuing permits, until the State is granted authorization to
do so.

C. What is the effect of this proposed authorization decision?

    If Oklahoma is authorized for these changes, a facility in Oklahoma
subject

to RCRA will now have to comply with the authorized State requirements
instead of the equivalent Federal requirements in order to comply with
RCRA. Additionally, such facilities will have to comply with any
applicable Federal requirements such as, for example, HSWA regulations
issued by the EPA for which the State has not received authorization.
ODEQ continues to have enforcement responsibilities under its State
hazardous waste program for violations of such program, but the EPA
retains its authority under RCRA sections 3007, 3008, 3013, and 7003,
which include, among others, authority to:
     Conduct inspections, and require monitoring, tests,
analyses, or reports;
     enforce RCRA requirements and suspend or revoke permits,
and
     take enforcement actions after notice to and consultation
with the State.
    The action to approve these provisions would not impose additional
requirements on the regulated community because the regulations for
which ODEQ is requesting authorization are already effective under
State law, and are not changed by the act of authorization.

D. What happens if the EPA receives comments on this action?

    If the EPA receives comments on this proposed action, we will
address those comments in our final action. You may not have another
opportunity to comment. If you want to comment on this proposed
authorization, you must do so at this time.

E. For what has Oklahoma previously been authorized?

    ODEQ initially received final authorization on January 10, 1985 (49
FR 50362-50363), published December 27, 1984, to implement its base
hazardous waste management program. We authorized the following
revisions: ODEQ received authorization for revisions to its program
with publication dates: April 17, 1990 (55 FR 14280-14282), effective
June 18, 1990; September 26, 1990 (55 FR 39274), effective November 27,
1990; April 2, 1991 (56 FR 13411-13413), effective June 3, 1991;
September 20, 1991 (56 FR 47675-47677), effective November 19, 1991;
September 29, 1993 (58 FR 50854-50856), effective November 29, 1993;
October 12, 1993 (58 FR 52679-52682), effective December 13, 1993;
October 7, 1994 (59 FR 51116-51122), effective December 21, 1994;
January 11, 1995 (60 FR 2699-2702), effective April 27, 1995; October
9, 1996 (61 FR 52884-52886), effective December 23, 1996; Technical
Correction March 14, 1997 (62 FR 12100-12101), effective March 14,
1997; September 22, 1998 (63 FR 50528-50531), effective November 23,
1998; March 29, 2000 (65 FR 16528-16532), effective May 30, 2000; May
10, 2000 (65 FR 29981-29985), effective June 10, 2000; January 2, 2001
(66 FR 28-33), effective March 5, 2001; April 9, 2003 (68 FR 17308-
17311), effective June 9, 2003; February 4, 2009 (74 FR 5994-6001),
effective April 6, 2009; April 6, 2011 (76 FR 18927-18930), effective
June 6, 2011; March 15, 2012 (77 FR 15273-15276), effective May 14,
2012; May 29, 2013 (78 FR 32161-32165), effective July 29, 2013; and
August 29, 2014 (79 FR 51497-51500), effective October 28, 2014. The
authorized Oklahoma RCRA program was incorporated by reference into the
CFR published on October 12, 1993 (58 FR 52679-52682), effective
December 13, 1993; April 30, 1998 (63 FR 23673-23678), effective July
14, 1998; August 26, 1999 (64 FR 46567-46571), effective October 25,
1999; August 27, 2003 (68 FR 51488-51492), effective October 27, 2003;
June 28, 2010 (75 FR 36546-36550), effective August 27, 2010; May 17,
2012 (77 FR 29231-29235), effective July 16, 2012; August 7, 2012, (77
FR 46964-46968), effective October 9, 2012; and July 1, 2014 (79 FR
37226-37230), effective September 2, 2014 and July 13, (82 FR 32249-
32252) effective September 11, 2017. On March 31, 2017, ODEQ submitted
a final program revision application seeking authorization of its
program revision in accordance with 40 CFR 271.21.
    The Oklahoma Hazardous Waste Management Act (OHWMA) provides the
ODEQ with the authority to administer the State Program, including the
statutory and regulatory provisions necessary to administer portions of
the provisions of RCRA Cluster XXIV, and designates the ODEQ as the
State agency to cooperate and share information with EPA for purpose of
hazardous waste regulation. The Oklahoma Environmental Quality Code
(``Code''), at 27A O.S. Section 2-7-101 et seq. establishes the
statutory authority to administer the hazardous waste management
program under RCRA Subtitle C. The State regulations to manage the
hazardous waste management program is at Oklahoma Administrative Code
(OAC) Title 252:205-3-2.
    The Oklahoma Legislature in April 2015 amended the OHWMA by passing
27A O.S. Sec.  2-7-116(H), which clarified that the temporary staging
of hazardous waste in a permitted hazardous waste unit while the waste
was undergoing analysis to determine that the waste is acceptable for
disposal does not constitute disposal of the waste. This provision,
effecting what constitutes disposal in Oklahoma, has not been submitted
for EPA review and we are taking no action on it in this rulemaking.
    The ODEQ adopted applicable federal hazardous waste regulations as
amended July 1, 2014 through June 30, 2015. The regulatory amendment
implementing this adoption by reference has an effective date of
September 15, 2016. The provisions for which the State of Oklahoma is
seeking authorization, as documented in the Regulatory Documentation
For Federal Provisions For Which The State Of Oklahoma Is Seeking
Authorization, Federal Final Rules Published Between July 1, 2014
Through June 30, 2015 RCRA CLUSTER XXIV, excluding the DSW rule;
prepared on Feburary 21, 2017.
    The ODEQ incorporates the Federal Regulations by reference, and
there have been no changes in State or Federal laws or regulations that
have diminished the ODEQ's ability to adopt the Federal regulations by
reference. The Federal hazardous waste regulations are adopted by
reference by the ODEQ at OAC 252:205-3-2, Subchapter 3. The ODEQ does
not adopt Federal regulations prospectively.
    The State hazardous waste management program (``State Program'')
has in place, the statutory authority and regulations for all required
components of federal regulations adopted in Checklists 234 and 235 in
RCRA Cluster XXIV. These statutory and regulatory provisions were
developed to ensure the State program is equivalent to, consistent
with, and no less stringent than the Federal hazardous waste management
program.
    The Environmental Quality Act, at 27A O.S. Section 1-3-101(E),
grants the Oklahoma Corporation Commission (OCC) authority to regulate
certain aspects of the oil and gas production and transportation
industry in Oklahoma, including certain wastes generated by pipelines,
bulk fuel sales terminals and certain tank farms, as well as,
underground storage tanks. To clarify areas of environmental
jurisdiction, the ODEQ and OCC developed an ODEQ/OCC Jurisdictional
Guidance Document to identify respective areas of jurisdiction. The
current ODEQ/OCC Jurisdictional Guidance Document was amended and
signed on January 27, 1999. The revisions to the State Program
necessary to administer portions of RCRA Cluster XXIV will not affect
the jurisdictional authorities of the ODEQ or OCC.

    The ODEQ has adopted portions of RCRA Cluster XXIV applicable
federal hazardous waste regulations as amended July 1, 2014 through
June 30, 2015, and became effective on September 15, 2016. The rules
were also codified at OAC 252 Chapter 205.
    Pursuant to OAC 252:205-3-2, the State's incorporation of Federal
regulations does not incorporate, prospectively, future changes to the
incorporated sections of the 40 CFR, and no other Oklahoma law or
regulation reduces the scope of coverage or otherwise affects the
authority provided by these incorporated-by-reference provisions.
Further, Oklahoma interprets these incorporated provisions to provide
identical authority to the Federal provisions. Thus, OAC Title 252,
Chapter 205 provides equivalent and no less stringent authority than
the Federal Subtitle C program in effect July 1, 2015. The State of
Oklahoma incorporates by reference the provisions of 40 CFR part 124
that are required by 40 CFR 271.14 (with the addition of 40 CFR
124.19(a) through (c), 124.19(e), 124.31, 124.32, 124.33 and Subpart
G); 40 CFR parts 260 through 268 [with the exception of 260.21, 262
Subparts E and H, 264.1(f), 264.1(g)(12), 264.149, 264.150, 264.301(1),
264.1030(d), 264.1050(g), 264.1080(e), 264.1080(f), 264.1080(g),
265.1(c)(4), 265.1(g)(12), 265.149, 265.150, 265.1030(c), 265.1050(f)
265.1080(e), 265.1080(f), 265.1080(g), 268.5, 268.6, 268.13, 268.42(b),
and 268.44(a) through (g)]; 40 CFR part 270 [with the exception of
270.1(c)(2)(ix) and 270.14(b)(18)]; 40 CFR part 273; and 40 CFR part
279.
    The ODEQ is the lead Department to cooperate and share information
with the EPA for purpose of hazardous waste regulation.
    Pursuant to 27A O.S. Section 2-7-104, the Executive Director has
created the Land Protection Division (LPD) to be responsible for
implementing the State Program. The LPD is staffed with personnel that
have the technical background and expertise to effectively implement
the provisions of the State Program Subtitle C hazardous waste
management program.

F. What changes are we proposing to authorize with this action?

    On March 31, 2017, the ODEQ submitted a final complete program
application seeking authorization of their changes in accordance with
40 CFR 271.21. We have determined that the ODEQ's hazardous waste
program revision satisfies all of the requirements necessary to qualify
for final authorization. We are now proposing to authorize, subject to
receipt of written comments that oppose this action, Oklahoma's
hazardous waste program revision. The ODEQ revisions consist of
regulations which specifically govern Federal hazardous waste revisions
promulgated between July 1, 2014 through June 30, 2015 (RCRA Cluster
XXIV), excluding the Defintion of Solid Waste rule. We propose to grant
Oklahoma final authorization for the ODEQ requirements included in the
Table within this document. Requirement 2 in the Table below concerns
changes based on Coal Combustion Residuals Rulemaking (CCR) . In that
rulemaking, the Agency amended 40 CFR 261.4(b)(4) under RCRA Subtitle C
to clarify that ``wastes produced in conjunction with the combustion of
fossil fuels, which are necessarily associated with the production of
energy, and which traditionally have been, and which actually are,
mixed with and co-disposed or co-treated with fly ash, bottom ash,
boiler slag, or flue gas emission control wastes from coal combustion
are not hazardous wastes.'' The Requirement 2 in the Table below only
addresses this change to Subtitle C. CCR also amended 40 CFR part 257
to regulate the disposal of (CCR) as solid waste under Subtitle D. This
is not part of this Proposal. In a separate action, EPA has proposed
approval of a CCR permitting program for Oklahoma. See, 83 FR 2100,
January 16, 2018.

------------------------------------------------------------------------
                                 Federal Register
    Description of federal      date and page and/    Analogous state
requirement (include checklist  or RCRA statutory        authority
     number, if relevant)           authority
------------------------------------------------------------------------
1. Vacatur of the Comparable    80 FR 18777-18780  Oklahoma Statutes
 Fuels Rule and the              April 8, 2015,     Title 27A Section 2-
 Gasification Rule. (Checklist   effective April    7-101 et seq.,
 234).                           8, 2015.           Oklahoma Hazardous
                                                    Waste Management
                                                    Act, as amended
                                                    September 15, 2015,
                                                    Oklahoma
                                                    Administrative Code,
                                                    Title 252, Chapter
                                                    205, Section 252:205-
                                                    3-2, effective
                                                    September 15, 2016.
2. Disposal of Coal Combustion  80 FR 21302-21501  Oklahoma Statutes
 Residuals from Electric         April 17, 2015;    Title 27A Section 2-
 Utilities. (Checklist 235).     effective          7-101 et seq.,
                                 October 19, 2015   Oklahoma Hazardous
                                 [40 CFR            Waste Management
                                 261.4(b)(4)(i)-(   Act, as amended
                                 ii)(H) only].      September 15, 2015,
                                                    Oklahoma
                                                    Administrative Code,
                                                    Title 252, Chapter
                                                    205, Section 252:205-
                                                    3-2, effective
                                                    September 15, 2016.
------------------------------------------------------------------------

G. Why are the revised State rules different from the Federal rules?

    There are no State requirements that are more stringent or broader
in scope than the Federal requirements.

H. Who handles permits after the final authorization takes effect?

    ODEQ will continue to issue permits for all the provisions for
which it is authorized and will administer the permits it issues. The
EPA will continue to administer any RCRA hazardous waste permits or
portions of permits which we issued prior to the effective date of this
authorization. We will not issue any more new permits or new portions
of permits for the provisions listed in the Table in this document
after the effective date of this authorization. The EPA will continue
to implement and issue permits for HSWA requirements for which Oklahoma
is not yet authorized.

I. How does this action affect Indian Country (18 U.S.C. 1151) in
Oklahoma?

    Section 18 U.S.C. 1151 does not affect the State of Oklahoma
because under section 10211(a) of the SAFETEA, Public Law 109-59, 119
Statute 1144 (August 10, 2005) provides the State of Oklahoma
opportunity to request approval from EPA to administer RCRA Subtitle C
in Indian Country and for carrying out the aspects of the RCRA program
described in its revised program application, subject to the
limitations of the HSWA.

K. What is codification and is the EPA codifying Oklahoma's hazardous
waste program as authorized in this proposed rule?

    Codification is the process of placing the State's statutes and
regulations that comprise the State's authorized hazardous waste
program into the CFR. We do this by referencing the authorized State
rules in 40 CFR part 272. We reserve the amendment of 40 CFR part 272,
subpart LL for this proposed authorization of ODEQ's program changes
until a later date. In this action, the EPA is not proposing to

codify the rules documented in this Federal Register document.

I. Administrative Requirements

    The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Orders 12866 (58 FR 51735, October
4, 1993) and 13563 (76 FR 3821, January 21, 2011). This action proposes
to authorize State requirements for the purpose of RCRA 3006 and
imposes no additional requirements beyond those imposed by State law.
Therefore, this action is not subject to review by OMB. This action is
not an Executive Order 13771 (82FR 9339, February 3, 2017) regulatory
action because actions such as today's proposed authorization of the
State of Oklahoma's revised hazardous waste program under RCRA are
exempted under Executive Order 12866. Accordingly, I certify that this
action will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act (5 U.S.C.
601 et seq.). Because this action proposes to authorize preexisting
requirements under State law and does not impose any additional
enforceable duty beyond that required by State law, it 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). For the same reason, this proposed action also does
not significantly or uniquely affect the communities of Tribal
governments, as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000).
    This action will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government, as specified in Executive Order 13132 (64 FR
43255, August 10, 1999), because it merely proposes to authorize State
requirements as part of the State RCRA hazardous waste program without
altering the relationship or the distribution of power and
responsibilities established by RCRA.
    This proposed action also is not subject to Executive Order 13045
(62 FR 19885, April 23, 1997), because it is not economically
significant and it does not make decisions based on environmental
health or safety risks. This proposed rule is not subject to Executive
Order 13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355 May 22, 2001),
because it is not a significant regulatory action under Executive Order
12866.
    Under RCRA 3006(b), the EPA grants a State's application for
authorization, as long as the State meets the criteria required by
RCRA. It would thus be inconsistent with applicable law for the EPA,
when it reviews a State authorization application to require the use of
any particular voluntary consensus standard in place of another
standard that otherwise satisfies the requirements of RCRA. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996),
in issuing this proposed rule, the EPA has taken the necessary steps to
eliminate drafting errors and ambiguity, minimize potential litigation,
and provide a clear legal standard for affected conduct.
    The EPA has complied with Executive Order 12630 (53 FR 8859, March
15, 1988) by examining the takings implications of the rule in
accordance with the ``Attorney General's Supplemental Guidelines for
the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued
under the Executive Order. This proposed rule does not impose
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    Executive Order 12898 (59 FR 7629, February 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, the 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. Because this rule proposes to
authorize pre-existing State rules which are at least equivalent to,
and no less stringent than existing federal requirements, and imposes
no additional requirements beyond those imposed by State law, and there
are no anticipated significant adverse human health or environmental
effects, the rule is not subject to Executive Order 12898.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements.

    Authority: This action is issued under the authority of sections
2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act as
amended 42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: September 26, 2018.
Anne L. Idsal,
Regional Administrator, Region 6.
[FR Doc. 2018-21449 Filed 10-2-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 198 (Thursday, October 13, 2016)]
[Notices]
[Pages 70726-70728]
[FR Doc No: 2016-24696]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79059; File No. SR-ISEMercury-2016-17]

Self-Regulatory Organizations; ISE Mercury, LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend a Current
Billing Practice With Respect to Billing Disputes

October 6, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on September 22, 2016, ISE Mercury, LLC (``ISE Mercury'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I, II, and III, below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend a current billing practice with
respect to billing disputes.
    The text of the proposed rule change is available on the Exchange's
Web site at www.ise.com, at the principal office of the Exchange, and
at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its Schedule of Fees to change the
timeframe within which Members must dispute billing. Today, ISE Mercury
Members must submit all disputes no later than ninety calendar days
after receipt of an Exchange invoice. After ninety calendar days, all
fees assessed by the Exchange are considered final. The Exchange is
proposing to amend the policy from ninety to sixty days to submit a
dispute. Today, the NASDAQ PHLX LLC (``Phlx''), NASDAQ BX, Inc.
(``BX'') and The NASDAQ Options Market LLC (``NOM'') all have a sixty
day timeframe within which to dispute option invoices.\3\
---------------------------------------------------------------------------

    \3\ See Phlx's Pricing Schedule. See also NOM and BX Rules at
Chapter XV, Section 7.
---------------------------------------------------------------------------

    The Exchange provides Members with both daily and monthly fee
reports and thus believes Members should be aware of any potential
billing errors within sixty calendar days of receiving an invoice.
Requiring that Members dispute an invoice within this time period will
encourage them to promptly review their invoices so that any disputed
charges can be addressed in a timely manner while the information and
data underlying those charges (e.g. applicable fees and order
information) is still easily and readily available. This

practice will avoid issues that may arise when Members do not dispute
an invoice in a timely manner, and will conserve Exchange resources
that would have to be expended to resolve untimely billing disputes.
The Exchange notes that this type of provision is common among many
other exchanges, which require that Members dispute invoices within
sixty days.
    Billing disputes must continue to be submitted to the Exchange in
writing,\4\ and must be accompanied by supporting documentation. The
Exchange believes that this requirement, which is also similar to
requirements of other exchanges,\5\ will further streamline the billing
dispute process.
---------------------------------------------------------------------------

    \4\ The Exchange invoice specifies contact information for
billing inquiries.
    \5\ See note 3 above.
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    The Exchange believes that this practice will conserve Exchange
resources which are expended when untimely billing disputes require
staff to research applicable fees and order information beyond two
months after the transaction occurred. Further, this proposal would
provide a cost savings to the Exchange in that it would alleviate
administrative processes related to the untimely review of billing
disputes which divert staff resources away from the Exchange's
regulatory and business purposes.
    The sixty days would first apply to invoices related to
transactional billing in November 2016 and would apply thereafter.\6\
The Exchange proposes to apply the billing policy to all charges
reflected in its Schedule of Fees.
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    \6\ This proposal would not apply to invoices related to October
2016 billing.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \7\ in general, and furthers the objectives of Section
6(b)(5) of the Act \8\ in particular, in that it is designed to promote
just and equitable principles of trade, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general to protect investors and the public interest,
by providing a uniform practice for disputing fees.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes the requirement that all billing disputes
must be submitted in writing, and with supporting documentation, within
sixty calendar days from receipt of the invoice is reasonable in the
public interest because the Exchange provides ample tools to properly
and swiftly monitor and account for various charges incurred in a given
month. Moreover, the proposed billing dispute language, which will
lower the Exchange's administrative burden, is substantially similar to
billing dispute language adopted by other exchanges.\9\ Also, the
Exchange's administrative costs would be lowered as a result of this
policy because staff resources would not be diverted to review untimely
requests regarding billing.
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    \9\ See note 3 above.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The billing policy would
apply uniformly to all ISE Mercury Members. The policy is similar to
rules adopted by other options exchanges.\10\
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    \10\ Id.
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    Further, this proposal would provide a cost savings to the Exchange
in that it would alleviate administrative processes related to the
untimely review of billing disputes which divert staff resources away
from the Exchange's regulatory and business purposes.

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

    No written comments were either solicited or received.

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

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

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-ISEMercury-2016-17 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-ISEMercury-2016-17. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-ISEMercury-2016-17 and
should be

submitted on or before November 3, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2016-24696 Filed 10-12-16; 8:45 am]
 BILLING CODE 8011-01-P