[Federal Register Volume 84, Number 80 (Thursday, April 25, 2019)]
[Proposed Rules]
[Pages 17368-17371]
[FR Doc No: 2019-08309]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2019-0068; FRL-9992-70-Region 9]

Determination of Attainment by the Attainment Date; 2006 24-Hour
Fine Particulate Matter National Ambient Air Quality Standard; Pinal
County, Arizona

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
determine that the West Central Pinal County nonattainment area
attained the 2006 24-hour national ambient air quality standard (NAAQS)
for particulate matter with a diameter of 2.5 micrometers or smaller
(PM2.5 or ``fine particulate matter'') by December 31, 2017,
the statutory attainment date for the area. The proposal is based on
the three-year average of annual 98th percentile 24-hour concentrations
for the 2015-2017 period, using complete, quality-assured, and
certified PM2.5 monitoring data.

DATES: Written comments must arrive on or before May 28, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2019-0068 at https://www.regulations.gov. For comments submitted at
Regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The 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. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public
comment policy, information about CBI or multimedia submissions, and
general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Jerry Wamsley, EPA Region IX, (415)
947-4111, [email protected].

SUPPLEMENTARY INFORMATION:  Throughout this document, ``we,'' ``us''
and ``our'' refer to the EPA.

Table of Contents

I. Background and Regulatory Context
II. Criteria for Determining That an Area Has Attained the 2006 24-
Hour PM2.5 NAAQS
III. The EPA's Proposed Action and Associated Rationale
    A. Data Completeness, Network Review, and Certification of Data
    B. State and Local Air Monitoring Stations Site Replacement
    C. Determination of Attainment
IV. Summary of Our Proposed Action
V. Statutory and Executive Order Reviews

I. Background and Regulatory Context

    This proposed action is related to the ongoing efforts of states
and the EPA to implement the PM2.5 NAAQS. Since the EPA's
initial promulgation of the NAAQS to address fine particulate matter,
there have been significant rulemaking and litigation developments that
affect these ongoing efforts. To clarify the proper application of the
statutory and regulatory requirements to this action, the EPA is
providing a detailed explanation of PM2.5 implementation
efforts, nationally and in West Central Pinal County, Arizona.
    On July 18, 1997, the EPA established the first NAAQS for
PM2.5 (``the 1997 PM2.5 Standards''), including
an annual standard of 15.0 micrograms per cubic meter ([micro]g/m\3\)
based on a three-year average of annual mean PM2.5
concentrations, and a 24-hour (or daily) standard of 65 [micro]g/m\3\
based on a three-year average of the 98th percentile of 24-hour
concentrations.\1\ The EPA established the 1997 PM2.5
Standards based on significant evidence and numerous health studies
demonstrating the serious health effects associated with exposures to
PM2.5. To provide guidance on the Clean Air Act (CAA)
requirements for state and tribal implementation plans to implement the
1997 PM2.5 Standards, the EPA promulgated the ``Final Clean
Air Fine Particle Implementation Rule'' in October 2007 (hereinafter,
the ``2007 PM2.5 Implementation Rule'').\2\ The Natural
Resources Defense Council (NRDC) subsequently filed a petition for
review challenging certain aspects of this rule.
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    \1\ 62 FR 38652 (July 18, 1997).
    \2\ 72 FR 20586 (April 25, 2007).
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    On October 17, 2006, the EPA strengthened the 24-hour
PM2.5 NAAQS by revising it to 35 [micro]g/m\3\ and retained
the level of the annual PM2.5 standard at 15.0 [micro]g/
m\3\.\3\ Following promulgation of a new or revised NAAQS, the EPA is
required by the CAA to promulgate designations for areas throughout the
U.S. in accordance with section 107(d)(1) of the CAA. On November 13,
2009, the EPA designated 31 areas across the U.S. with respect to the
revised 2006 24-hour PM2.5 NAAQS, requiring states to
prepare and submit attainment plans to meet those NAAQS.\4\ At the time
of the 2009 designations, the states and the EPA were operating under
the interpretations of the CAA set forth in the 2007 PM2.5
Implementation Rule, which covered issues such as the timing of
attainment plan submissions, the content of attainment plan
submissions, and the relevant attainment dates. The EPA deferred making
a PM2.5 designation for Pinal County, Arizona in its
November 13, 2009 designations action.
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    \3\ 71 FR 61144 (October 17, 2006).
    \4\ 74 FR 58688 (November 13, 2009).
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    On February 3, 2011, the EPA designated a portion of state lands in
Pinal County, Arizona (``West Central Pinal County'') as nonattainment
for the 2006 PM2.5 NAAQS based on 2006-2008 data.\5\ For
more information on our designation of West Central Pinal County, see
the February 3, 2011 final rule.\6\ On October 26, 2012, the EPA
designated nearby areas of Indian country of the Ak-Chin Indian
Community and the Gila River Indian Community, which lie within the
2009 deferred area, as ``unclassifiable/attainment'' for the 2006
PM2.5 NAAQS based on improved air quality.\7\ These areas of
Indian country are not addressed in this proposal.
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    \5\ 76 FR 6056 (February 3, 2011).
    \6\ The boundaries for the West Central Pinal County
nonattainment area are described in 40 CFR 81.303.
    \7\ 77 FR 65310 (October 26, 2012).
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    On March 2, 2012, the EPA issued its ``Implementation Guidance for
the 2006 24-Hour Fine Particle (PM2.5) National Ambient Air
Quality Standards'' to provide guidance to states on the development of
attainment plans to demonstrate attainment with the 2006 24-hour
PM2.5 NAAQS (``March 2012 Implementation Guidance'').\8\
This

guidance largely instructed states to rely on the 2007 PM2.5
Implementation Rule in developing plans to demonstrate attainment of
the 2006 24-hour PM2.5 NAAQS. The EPA based the 2007
PM2.5 Implementation Rule on the requirements of subpart 1,
part D of title I of the CAA (``subpart 1'').
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    \8\ Memorandum dated March 2, 2012, from Stephen D. Page,
Director, Office of Air Quality Planning and Standards, to EPA
Regional Air Directors, Regions I-X, ``Implementation Guidance for
the 2006 24-Hour Fine Particle (PM2.5) National Ambient
Air Quality Standards.'' This guidance was withdrawn June 6, 2013.
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    On January 4, 2013, the U.S. Court of Appeals for the D.C. Circuit
issued its decision regarding the NRDC's legal challenge to the EPA's
2007 PM2.5 Implementation Rule.\9\ In NRDC v. EPA, the court
held that the EPA erred in implementing the 1997 PM2.5 NAAQS
pursuant only to the general implementation requirements of subpart 1,
rather than also to the implementation requirements specific to coarse
particulate matter (PM10) in subpart 4, part D of title I of
the CAA (``subpart 4''). The court reasoned that the plain meaning of
the CAA requires implementation of the 1997 PM2.5 NAAQS
under subpart 4 because PM2.5 falls within the statutory
definition of PM10; consequently, implementation of the
PM2.5 NAAQS is subject to the same statutory requirements as
the PM10 NAAQS. The court remanded the rule and instructed
the EPA ``to repromulgate these rules pursuant to Subpart 4 consistent
with this opinion.'' \10\
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    \9\ NRDC v. EPA, 706 F. 3d 428 (D.C. Cir. 2013).
    \10\ Id. at 437.
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    Given the result of the NRDC v. EPA decision, the EPA withdrew its
March 2012 Implementation Guidance for implementation of the 2006 24-
hour PM2.5 NAAQS. When withdrawing this guidance, the EPA
advised states that the statutory requirements of subpart 4 apply to
attainment plans for these NAAQS and reminded states about pre-existing
EPA guidance regarding subpart 4 requirements. One practical
consequence of the application of subpart 4 to states with areas
designated nonattainment for the 2006 24-hour PM2.5 NAAQS is
that the applicable statutory attainment date is governed by CAA
section 188(c), which states that for areas classified as Moderate, the
statutory attainment date is ``as expeditiously as practicable, but no
later than the end of the sixth calendar year after the area's
designation as nonattainment.''
    Consistent with the NRDC v. EPA decision, the EPA published a final
rule on June 2, 2014, classifying all areas that were designated
nonattainment for the 1997 and/or 2006 PM2.5 standards at
the time as Moderate under subpart 4.\11\ The EPA also established a
due date of December 31, 2014, for states to submit state
implementation plan (SIP) revisions related to attainment and
nonattainment new source review required for these areas pursuant to
subpart 4. This rulemaking did not affect the statutory attainment
dates imposed in subpart 4 and merely provided states with the
opportunity to update or revise any prior attainment plan submissions,
if necessary, to meet subpart 4 requirements considering the 2013 court
decision. This rulemaking did not affect any action that the EPA had
previously taken under CAA section 110(k) on a SIP for a
PM2.5 nonattainment area.
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    \11\ 79 FR 31566 (June 2, 2014).
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    On September 4, 2013, EPA issued a clean data determination for the
West Central Pinal County 2006 24-hour PM2.5 nonattainment
area based on three years of complete, quality-assured, and certified
data for the 2010-2012 time frame.\12\ The EPA's clean data
determination suspended certain CAA requirements for the West Central
Pinal County nonattainment area for so long as the area continues to
attain the 2006 PM2.5 NAAQS, including requirements to
submit an attainment demonstration pursuant to section 189(a)(1)(B),
the reasonably available control measure (RACM) provisions of section
189(a)(1)(C), the reasonable further progress (RFP) provisions of
section 189(c), and related attainment demonstration, RACM, RFP and
contingency measure provisions requirements of subpart 1, section
172.\13\
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    \12\ 78 FR 54394 (September 4, 2013).
    \13\ For a discussion of the Clean Data Determination for West
Central Pinal County and our clean data policy as applied at that
time, see our proposed rulemaking at 78 FR 41901 (July 12, 2013).
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    For an area classified as Moderate under the CAA, section 188(c)
states that the statutory attainment date is ``as expeditiously as
practicable, but no later than the end of the sixth calendar year after
the area's designation as nonattainment.'' Therefore, the applicable
attainment date for West Central Pinal County, designated nonattainment
in 2011 and classified as Moderate in 2014, was December 31, 2017.\14\
CAA section 188(b)(2) requires the EPA to determine whether any
PM2.5 nonattainment area classified as Moderate attained the
relevant PM2.5 NAAQS by the area's attainment date and
requires the EPA to make such a determination within six months after
that date. If that Moderate area has not attained the NAAQS by the
relevant attainment date, then the CAA requires this area be
reclassified to Serious. The 2006 24-hour PM2.5 NAAQS is met
when the 24-hour PM2.5 design value at each eligible
monitoring site is less than or equal to 35 [micro]g/m\3\, as explained
further in Section II of this proposal.\15\
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    \14\ 79 FR 31566, 31569, fn 5.
    \15\ An area's highest design value for the 24-hour
PM2.5 NAAQS is the highest of the three-year average of
annual 98th percentile 24-hour average PM2.5 mass
concentration values recorded at each eligible monitoring site. See
definition of ``Design values'' in 40 CFR part 50, Appendix N,
1.0(c).
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II. Criteria for Determining That an Area Has Attained the 2006 24-Hour
PM2.5 NAAQS

    Under 40 CFR part 50, section 50.13 and in accordance with Appendix
N, a nonattainment area meets the 2006 24-hour PM2.5 NAAQS
when the area's design value is less than or equal to 35 [micro]g/m\3\,
based on the rounding convention in 40 CFR part 50, Appendix N, at each
eligible monitoring site within the area. Our determination of whether
an area's air quality meets the 2006 24-hour PM2.5 NAAQS is
generally based upon three years of complete, quality-assured data
gathered at established state and local air monitoring stations (SLAMS)
in a nonattainment area and entered into the EPA's Air Quality System
(AQS) database.\16\ Ambient air quality data must meet data
completeness or substitution requirements for each year under
consideration. The completeness requirements are met when at least 75
percent of the scheduled sampling days for each quarter have valid
data.\17\ Data from ambient air monitors operated by state or local
agencies in compliance with the EPA monitoring requirements must be
submitted to AQS. Monitoring agencies certify annually that these data
are accurate to the best of their knowledge. Accordingly, the EPA
relies primarily on data in AQS when determining the attainment status
of areas.
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    \16\ Because we are determining attainment of the
PM2.5 NAAQS as of December 31, 2017, in this proposal,
the applicable 3-year data review period is 2015-2017. AQS is the
EPA's national repository of ambient air quality data.
    \17\ 40 CFR part 50, Appendix N, section 4.2(b).
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III. The EPA's Proposed Action and Associated Rationale

    The EPA's proposal is pursuant to the Agency's statutory
obligation, under CAA section 188(b)(2), to determine whether the West
Central Pinal County nonattainment area has attained the 2006 24-hour
PM2.5 NAAQS by December 31, 2017. As discussed above in
Section II, a nonattainment area must meet several criteria concerning
its ambient data if the nonattainment area is to be determined as
meeting the 2006

24-hour PM2.5 NAAQS. These criteria include complete,
quality-assured and certified data collected from a valid ambient air
quality monitoring network and a design value calculated from the
ambient data to be less than the applicable NAAQS. Our proposed action
and rationale for our proposal are described below.

A. Data Completeness, Network Review, and Certification of Data

    In accordance with 40 CFR part 50, Appendix N, a finding of
attainment of the 2006 24-hour PM2.5 NAAQS must generally be
based upon complete, quality-assured data gathered at eligible
monitoring sites in the nonattainment area and entered in the AQS. For
the 24-hour PM2.5 standards, Appendix N defines eligible
monitoring sites as those that meet the technical requirements in 40
CFR 58.11 and 58.30. All data are reviewed to determine the area's air
quality status in accordance with 40 CFR 50, Appendix N.\18\
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    \18\ For detailed descriptions of the EPA's data and monitoring
requirements refer to 40 CFR 50.13; 40 CFR part 50, Appendix L; 40
CFR part 53; 40 CFR part 58, and 40 CFR part 58, appendices A, C, D,
and E.
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    The PM2.5 ambient air quality monitoring data collected
within the West Central Pinal County nonattainment area for the 2015-
2017 three-year period must meet data completeness or substitution
criteria according to 40 CFR part 50, Appendix N. The ambient air
quality monitoring data completeness requirements are met when
quarterly data capture rates for all four quarters in a calendar year
are at least 75 percent. For the purposes of this proposal, we reviewed
the data for the 2015-2017 period for completeness and determined that
the PM2.5 data collected by Pinal County met the
completeness criterion for all 12 quarters at PM2.5
monitoring sites in the West Central Pinal County nonattainment area.
    The EPA's determination as to whether an area has attained the
PM2.5 NAAQS pursuant to CAA section 188(b)(2) is based on
monitored ambient air quality data. The validity of this determination
of attainment depends in part on whether the monitoring network
adequately measures ambient PM2.5 levels in the
nonattainment area. Pinal County, Arizona, is the governmental agency
with the authority and responsibilities under the State's laws for
collecting ambient air quality data for the West Central Pinal County
nonattainment area. Pinal County submits annual monitoring network
plans to the EPA. These plans discuss the status of the air monitoring
network, as required under 40 CFR part 58. The EPA reviews these annual
network plans for compliance with the applicable reporting requirements
in 40 CFR 58.10. With respect to PM2.5, we have found that
the annual network plans submitted by Pinal County meet the applicable
requirements under 40 CFR part 58.\19\ Furthermore, we concluded in our
``Technical Systems Audit Report'' of Pinal County's ambient air
quality monitoring program that the ambient air monitoring network
currently meets or exceeds the requirements for the minimum number of
monitoring sites designated as SLAMS for PM2.5 in the West
Central Pinal County nonattainment area.\20\ Pinal County certifies
annually that the data it submits to AQS are quality-assured and has
done so for each year relevant to our determination of attainment,
2015-2017.\21\
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    \19\ We have included in our docket the correspondence
transmitting our annual network reviews, e.g., correspondence dated
October 30, 2017, from Gwen Yoshimura, Manager, Air Quality Analysis
Office, EPA Region IX, to Michael Sundblom, Director, Pinal County
Air Quality Control District.
    \20\ We have included in our docket the correspondence
concerning our audits, e.g., correspondence dated September 28,
2016, from Elizabeth Adams, Division Director, Air Division, EPA
Region IX, to Michael Sundblom, Director, Pinal County Air Quality
Control District.
    \21\ We have included in our docket Pinal County's annual data
certifications for 2015, 2016 and 2017, e.g., correspondence dated
April 30, 2018, from Josh DeZeeuw, Air Quality Manager, Pinal County
Air Quality Control District, to Elizabeth Adams, Division Director,
Air Division, EPA Region IX. Annual data certification requirements
can be found at 40 CFR 58.15.
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B. State and Local Air Monitoring Stations Site Replacement

    In January 2016, Pinal County relocated the PM2.5 SLAMS
monitoring site operating at the Cowtown location and began operating a
new PM2.5 SLAMS monitoring site at the Hidden Valley
location.\22\ Beginning in late 2013, Pinal County and the EPA engaged
in a cooperative multi-year process to review alternative locations and
relocate the Cowtown PM2.5 SLAMS monitoring site. Over the
course of 2014 and 2015, Pinal County operated temporary monitors at
two other potential monitoring site locations (i.e., Hidden Valley; and
White and Parker). This allowed Pinal County and the EPA to assess the
data from each location and to determine if either of the proposed
monitoring site locations met the applicable system modification
requirements in 40 CFR part 58.14 for monitoring site relocation. Based
on an assessment of PM2.5 concentrations, land use, and
nearby sources, the EPA approved the relocation of the Cowtown
PM2.5 SLAMS monitoring site to the new Hidden Valley
location. Specifically, the EPA found that the Hidden Valley location
provided the most similar concentrations from similar sources to the
Cowtown monitoring site, thus meeting the requirement that a new
location is, in fact, a nearby location with the same scale of
representation. As noted in the EPA's approval, the data from the old
and new monitoring site locations will be combined to form one
continuous data record for design value calculations.\23\ Consequently,
the 2015-2017 design value is a composite data record consisting of
2015 data from the Cowtown monitoring site and 2016 and 2017 data from
the Hidden Valley monitoring site.
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    \22\ The site identification numbers are as follows: Cowtown
(AQS ID: 04-021-3013); and, Hidden Valley (AQS ID: 04-021-3015).
    \23\ For a complete discussion of the EPA's review and approval
of the Cowtown monitoring site relocation, refer to correspondence
dated October 22, 2015, from Meredith Kurpius, EPA Region IX, to
Michael Sundblom, Pinal County Air Quality Control District, in the
docket for this proposed rulemaking.
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C. Determination of Attainment

    The EPA's evaluation of whether the West Central Pinal County
nonattainment area has met the 2006 PM2.5 24-hour NAAQS is
based on our review of the monitoring data, the adequacy of the
PM2.5 monitoring network in the nonattainment area, and the
reliability of the data collected by the network, as discussed
previously. Table 1 shows the annual 98th percentile concentrations for
the years 2015-2017.\24\ The design value for the 2015-2017 period is
calculated as the average of the annual 98th percentiles for each of
the three years according to 40 CFR 50, Appendix N, section 4.5. Table
1 shows the calculated 24-hour PM2.5 design value for the
Cowtown and Hidden Valley monitoring sites within the West Central
Pinal County nonattainment area for the 2015-2017 period. The data show
that the 24-hour design value for the 2015-2017 period, 32 [micro]g/
m\3\, was equal to or less than 35 [micro]g/m\3\, the 2006
PM2.5 24-hour NAAQS. Thus, the EPA proposes to determine,
based upon three years of complete, quality-assured and certified data
from 2015-2017, that the West Central Pinal County nonattainment area
has attained the 2006 24-hour PM2.5 NAAQS by the applicable
attainment date.
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    \24\ AQS, Combined Site Sample Values Report, dated March 28,
2019, in the docket for this proposed rulemaking.

 Table 1--West Central Pinal County Nonattainment Area Design Value for the 2006 PM2.5 24-Hour NAAQS With Annual
                                         98th Percentile Concentrations
                                                 [[micro]g/m\3\]
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                                                                  98th percentile
            Monitor              AQS Site ID No. ------------------------------------------------    2015-2017
                                                       2015            2016            2017        design value
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Cowtown.......................       04-021-3013            22.6  ..............  ..............              32
Hidden Valley.................       04-021-3015  ..............            34.0            38.2  ..............
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Source: AQS, Combined Site Sample Values Report, dated March 28, 2019.

IV. Summary of Our Proposed Action

    Today, in accordance with section 188(b)(2) of the CAA, the EPA is
proposing to determine that the West Central Pinal County Moderate
nonattainment area attained the 2006 24-hour PM2.5 NAAQS by
its applicable attainment date, December 31, 2017. Our determination of
attainment is based on complete, quality-assured and certified
PM2.5 monitoring data for the appropriate three-year period,
2015-2017. We are soliciting comments on this proposed determination of
attainment by the attainment date.
    If our proposal is finalized as proposed, West Central Pinal County
will remain a Moderate nonattainment area and will not be reclassified
to a Serious nonattainment area. A final rule determining that West
Central Pinal County attained the 2006 24-hour PM2.5 NAAQS
by its applicable attainment date would not, however, constitute a
redesignation of the area to attainment. States are required to meet
several additional statutory requirements before the EPA can
redesignate a nonattainment area to attainment of a NAAQS, including
the EPA's approval of a state implementation plan demonstrating
maintenance of the NAAQS for ten years after redesignation. The EPA is
committed to working with states that submit redesignation requests for
the 2006 24-hour PM2.5 NAAQS. Our proposal today only
addresses our statutory obligation to determine if the West Central
Pinal County nonattainment area has attained the 2006 24-hour
PM2.5 NAAQS by its applicable attainment date, December 31,
2017.

V. Statutory and Executive Order Reviews

    This action proposes to determine that the West Central Pinal
County has met the 2006 24-hour PM2.5 NAAQS as a statement
of fact according to regulations and requirements discussed in the
proposal. 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because this action is not significant under
Executive Order 12866;
     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 Clean Air Act; and
     Does not provide the EPA with the discretionary authority
to address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).

    In addition, this proposed determination is not approved to apply
on any Indian reservation land or in any other area where the EPA or an
Indian tribe has demonstrated that a tribe has jurisdiction. In those
areas of Indian country, the proposed determination 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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Nitrogen dioxides,
Fine particulate matter, Ammonia, Sulfur dioxides, Volatile organic
compounds, Incorporation by reference, Intergovernmental relations,
Reporting and recordkeeping requirements.

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

     Dated: April 15, 2019.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2019-08309 Filed 4-24-19; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 240 (Monday, December 15, 2014)]
[Notices]
[Pages 74081-74082]
[FR Doc No: 2014-29261]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-SFUND-2012-0578; FRL-9917-74-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; Technical Assistance Needs Assessments
(TANAs) at Superfund Remedial or Removal Sites (NEW)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency has submitted an
information collection request (ICR), ``Technical Assistance Needs
Assessments (TANAs) at Superfund Remedial or Removal Sites (NEW)'' (EPA
ICR No. 2470.01, OMB Control No. 2050-NEW) 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.). This is a request for
approval of a new collection. Public comments were previously requested
via the Federal Register (77 FR 74002) on December 12, 2012 during a
60-day comment period. This notice allows for an additional 30 days for
public comments. A fuller description of the ICR is given below,
including its estimated burden and cost to the public. 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: Additional comments may be submitted on or before January 14,
2015.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
SFUND-2012-0578, to (1) EPA online using www.regulations.gov (our
preferred method), by email to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center, Environmental Protection Agency, Mail Code 28221T,
1200 Pennsylvania Ave. NW., Washington, DC 20460, and (2) OMB via email
to<EMAIL_ADDRESS>Address comments to OMB Desk Officer
for EPA.
    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: Laura Knudsen, Assessment and
Remediation Division, Office of Superfund Remediation and Technology
Innovation, Mail Code 5204P, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460; telephone number: 703-603-
8861 fax number:<PHONE_NUMBER> email address<EMAIL_ADDRESS>
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.
    Abstract: This ICR covers the usage of TANAs with members of the
impacted community in order to determine how the community is receiving
technical information about a Superfund remedial or removal site;
whether the community needs additional assistance in order to
understand and respond to site-related technical information; and
whether there are organizations in the community that are interested or
involved in site-related issues and capable of acting as an appropriate
conduit for technical assistance services to the affected community.
The TANA will help ensure the community's needs for technical
assistance are defined as early in the remedial/removal process as
possible and enable meaningful community involvement in the Superfund
decision-making process. Additionally, the TANA process produces a
blueprint for designing a coordinated effort to meet the community's
needs for additional technical assistance while minimizing the overlap
of services provided.
    Form Numbers: None.
    Respondents/affected entities: Individuals.
    Respondent's obligation to respond: Voluntary.
    Estimated number of respondents: 250 (total).
    Frequency of response: Once.
    Total estimated burden: 250 hours (per year). Burden is defined at
5 CFR 1320.03(b).
    Total estimated cost: $4,900 (per year), includes $0 annualized
capital or operation & maintenance costs.

    Changes in the Estimates: Not applicable. This is a new information
collection.

Courtney Kerwin,
Acting Director, Collection Strategies Division.
[FR Doc. 2014-29261 Filed 12-12-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: June 27, 2007 (Volume 72, Number 123)]
[Notices]
[Page 35273-35275]
[DOCID:fr27jn07-101]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55927; File No. SR-CBOE-2007-55]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change Relating to Transaction Fees for Electronically Executed
Broker-Dealer Orders in IWM and QQQQ Options

June 20, 2007.
    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 May 29, 2007, the Chicago Board Options Exchange, Incorporated
(``CBOE'' or ``Exchange'') 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 substantially prepared by the
CBOE. 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.
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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 the CBOE Fees Schedule (``Fees
Schedule'') to reduce transaction fees for electronically executed
broker-dealer orders in options on the iShares Russell 2000 Index Fund
(``IWM'') and the Nasdaq-100 Index Tracking Stock (``QQQQ''). The text
of the proposed rule change is available at the CBOE, on the Exchange's
Web site at http://www.cboe.org/legal, and in 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
    Currently, the Exchange assesses a transaction fee of $.45 per
contract on broker-dealer orders that are electronically executed on
the CBOE Hybrid Trading System (``Hybrid'').\3\ Manually executed
broker-dealer orders are assessed a transaction fee of $.25 per
contract.\4\ The broker-dealer electronic transaction fee helps
allocate to broker-dealer orders a fair share of the costs of running
the automatic execution feature of Hybrid and related Exchange systems.
---------------------------------------------------------------------------

    \3\ ``Broker-dealer'' orders are defined in Footnote 16 of the
Fees Schedule as broker-dealer orders (orders with ``B'' origin
code), non-member market-maker orders (orders with ``N'' origin
code), and orders from specialists in the underlying security
(orders with ``Y'' origin code).
    \4\ However, electronically and manually executed broker-dealer
orders in options on the S&P 100 Index (``OEX'' and ``XEO''), S&P
500 (``SPX''), and Morgan Stanley Retail Index (``MVR'') are charged
$.30 per contract, $.40 per contract, and $.25 per contract,
respectively. Telephone conversation between Jaime Galvan, Assistant
Secretary, CBOE, and Sara Gillis, Attorney, Division of Market
Regulation, Commission, on June 18, 2007.
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    The Exchange proposes to reduce the broker-dealer electronic
transaction fee from $.45 per contract to $.25 per contract in IWM and
QQQQ options, so that both electronic and manual broker-dealer
executions in these products would be assessed $.25 per contract. The
Exchange believes it is reasonable and appropriate not to assess a
higher fee for electronic broker-dealer executions in IWM and QQQQ
options because these options are among the largest options contracts
on the Exchange in terms of trading volume and generate significant
revenues for the Exchange.
    The Exchange implemented the proposed fee changes on June 1, 2007.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Act,\5\ in general, and furthers the objectives of Section 6(b)(4) \6\
of the Act, in particular, in that it is designed to provide for the
equitable allocation of reasonable dues, fees, and other charges among
CBOE members and other persons using its facilities.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

    CBOE does not believe that the proposed rule change will impose any
burden on competition that is not necessary or appropriate in
furtherance of purposes of the Act.

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

    Because the foregoing rule change establishes or changes a due,
fee, or other charge imposed by the Exchange, it has become effective
pursuant to Section 19(b)(3)(A) of the Act \7\ and subparagraph (f)(2)
of Rule 19b-4 \8\ thereunder. At any time within 60 days of the filing
of the proposed rule change, the Commission may summarily abrogate such
rule change if it appears to the Commission that such action is
necessary or appropriate in the public interest, for the protection of
investors, or otherwise in furtherance of the purposes of the Act.\9\
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    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(2).
    \9\ Id.
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

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

File Number SR-CBOE-2007-55 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2007-55. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of the CBOE. 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-CBOE-2007-55 and should be submitted on or before July
18, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-12388 Filed 6-26-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 80, Number 91 (Tuesday, May 12, 2015)]
[Notices]
[Pages 27216-27217]
[FR Doc No: 2015-11372]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74881; File No. SR-NASDAQ-2015-024]

Self-Regulatory Organizations; The NASDAQ Stock Market, LLC;
Notice of Designation of Longer Period for Commission Action on
Proposed Rule Change To Amend and Restate Certain Nasdaq Rules That
Govern the Nasdaq Market Center

May 6, 2015.
    On March 16, 2015, The NASDAQ Stock Market LLC (``NASDAQ'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend and restate certain Nasdaq rules that
govern the Nasdaq Market Center in order to provide a clearer and more
detailed description of certain aspects of its functionality. The
proposed rule change was published for comment in the Federal Register
on March 26, 2015.\3\ The Commission received no comment letters
regarding the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 74558 (March 20,
2015), 80 FR 16050 (``Notice'').
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \4\ provides that within 45 days of the
publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day for this filing is May 10, 2015.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission is extending the 45-day time period for Commission
action on the proposed rule change. The Commission finds that it is
appropriate to designate a longer period within which to take action on
the proposed rule change so that it has sufficient time to consider the
proposed rule change.
    Accordingly, pursuant to Section 19(b)(2) of the Act \5\ and for
the reasons stated above, the Commission designates June 24, 2015, as
the date by which the Commission should either approve or disapprove,
or institute

proceedings to determine whether to disapprove, the proposed rule
change.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
---------------------------------------------------------------------------

    \6\ 17 CFR 200.30-3(a)(31).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-11372 Filed 5-11-15; 8:45 am]
 BILLING CODE 8011-01-P