[Federal Register Volume 82, Number 114 (Thursday, June 15, 2017)]
[Proposed Rules]
[Pages 27456-27460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12344]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2017-0218; FRL-9963-56-Region 9]


Approval of California Air Plan Revisions, Placer County Air 
Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the Placer County Air Pollution Control District 
(PCAPCD or ``the District'') portion of the California State 
Implementation Plan (SIP). These revisions concern the District's 
demonstration regarding Reasonably Available Control Technology (RACT) 
requirements for the 1997 and 2008 8-hour ozone National Ambient Air 
Quality Standards (NAAQS), and negative declarations for the polyester 
resin source category for the 2008 8-hour ozone standard. We are 
proposing action on local SIP revisions under the Clean Air Act (CAA or 
the Act). We are taking comments on this proposal and plan to follow 
with a final action.

DATES: Any comments must arrive by July 17, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2017-0218 at http://www.regulations.gov, or via email to Andrew 
Steckel, Rulemaking Office Chief at [email protected]. For 
comments submitted at Regulations.gov, follow the online instructions 
for submitting comments. Once submitted, comments cannot be removed or 
edited from Regulations.gov. For either manner of submission, 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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Nicole Law, EPA Region IX, (415) 947-
4126, [email protected] or Stanley Tong, EPA Region IX, (415) 947-
4122, [email protected].

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

[[Page 27457]]

Table of Contents

I. The State's Submittal
    A. What documents did the State submit?
    B. Are there other versions of these documents?
    C. What is the purpose of the RACT SIP submissions?
II. The EPA's Evaluation and Proposed Action
    A. How is the EPA evaluating the RACT SIP submissions?
    B. Do the RACT SIP submissions meet the evaluation criteria?
    C. EPA's Recommendations To Strengthen the RACT SIP
    D. Proposed Action and Public Comment
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What documents did the State submit?

    Table 1 lists the documents addressed by this proposal with the 
dates that they were adopted by the local air agency and submitted by 
the California Air Resources Board (CARB).

                                          Table 1--Submitted Documents
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                Local agency                               Document                   Adopted        Submitted
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PCAPCD.....................................  2006 Reasonably Available Control           8/10/06         7/11/07
                                              Technology State Implementation
                                              Plan Update Analysis (``2006 RACT
                                              SIP'').
PCAPCD.....................................  2014 Reasonably Available Control           4/10/14         7/18/14
                                              Technology State Implementation
                                              Plan Analysis (``2014 RACT SIP'').
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    On January 11, 2008, the submittal for PCAPCD's 2006 RACT SIP 
Analysis for the 1997 8-hour ozone NAAQS was deemed by operation of law 
to meet the completeness criteria in Title 40 of the Code of Federal 
Regulations (CFR) Part 51 Appendix V, which must be met before formal 
EPA review. On January 18, 2015, the submittal for PCAPCD's 2014 RACT 
SIP Analysis for the 2008 8-hour ozone NAAQS was deemed by operation of 
law to meet the completeness criteria as well.

B. Are there other versions of these documents?

    There are no previous versions of these documents in the PCAPCD 
portion of the California SIP for the 1997 or 2008 8-hour ozone 
standards.

C. What is the purpose of the RACT SIP submissions?

    Volatile organic compounds (VOCs) and nitrogen oxides 
(NOX) help produce ground-level ozone and smog, which harm 
human health and the environment. Section 110(a) of the CAA requires 
states to submit enforceable regulations that control VOC and 
NOX emissions. Sections 182(b)(2) and (f) require that SIPs 
for ozone nonattainment areas classified as moderate or above require 
implementation of RACT for any source covered by a Control Techniques 
Guidelines (CTG) document and for any major source of VOCs or 
NOX. The PCAPCD is subject to this requirement because it 
contains an area designated and classified as severe-15 nonattainment 
for the 1997 and 2008 8-hour ozone NAAQS.\1\ Therefore, the PCAPCD 
must, at a minimum, adopt RACT-level controls for all sources covered 
by a CTG document and for all major non-CTG sources of VOCs or 
NOX within the nonattainment area. Any stationary source 
that emits or has the potential to emit at least 25 tons per year of 
VOCs or NOX is a major stationary source in a severe ozone 
nonattainment area (CAA sections 182(d) and (f)).
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    \1\ 40 CFR 81.305; 75 FR 24409 at 24419 (May 5, 2010) (final 
rule reclassifying the Sacramento Metro area as severe-15 
nonattainment for the 1997 8-hour ozone NAAQS); and 77 FR 30088 at 
30104-05 (May 21, 2012) (final rule designating and classifying the 
Sacramento Metro area as severe-15 nonattainment for the 2008 8-hour 
ozone NAAQS).
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    Section IV.G of the preamble to the EPA's final rule to implement 
the 1997 8-hour ozone NAAQS (70 FR 71612, 71652-61 November 29, 2005) 
discusses RACT requirements. It states in part that where a RACT SIP is 
required, states implementing the 8-hour standard generally must assure 
that RACT is met either through a certification that previously 
required RACT controls represent RACT for 8-hour implementation 
purposes or through a new RACT determination. Section III.D of the 
preamble to the EPA's final rule to implement the 2008 ozone NAAQS (80 
FR 12264, 12278-83 March 6, 2015) discusses similar requirements for 
RACT. The submitted documents provide PCAPCD's analyses of its 
compliance with the CAA section 182 RACT requirements for the 1997 and 
2008 8-hour ozone NAAQS. The EPA's technical support documents (TSDs) 
have more information about the District's submissions and the EPA's 
evaluations thereof.

II. The EPA's Evaluation and Proposed Action

A. How is the EPA evaluating the RACT SIP submissions?

    Generally, SIP rules must require RACT for each category of sources 
covered by a CTG document as well as each major source of VOCs or 
NOX in ozone nonattainment areas classified as moderate or 
above (see CAA section 182(b)(2), (f)). The PCAPCD regulates a severe 
ozone nonattainment area (see 40 CFR 81.305), so the District's rules 
must implement RACT.
    Guidance and policy documents that we use to evaluate CAA section 
182 RACT requirements for the applicable criteria pollutants include 
the following:
    1. ``Final Rule to Implement the 8-hour Ozone National Ambient Air 
Quality Standard--Phase 2'' (70 FR 71612; November 29, 2005).
    2. ``State Implementation Plans; General Preamble for the 
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 57 
FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
    3. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 
Deviations,'' EPA, May 25, 1988 (the Bluebook).
    4. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    5. ``State Implementation Plans; Nitrogen Oxides Supplement to the 
General Preamble; Clean Air Act Amendments of 1990 Implementation of 
Title I; Proposed Rule,'' (the NOX Supplement), 57 FR 55620, 
November 25, 1992.
    6. Memorandum from William T. Harnett to Regional Air Division 
Directors, (May 18, 2006), ``RACT Qs & As--Reasonably Available Control 
Technology (RACT) Questions and Answers''.
    7. RACT SIPs, Letter dated March 9, 2006 from EPA Region IX (Andrew 
Steckel) to CARB (Kurt Karperos) describing Region IX's understanding 
of what constitutes a minimally acceptable RACT SIP.
    8. RACT SIPs, Letter dated April 4, 2006 from EPA Region IX (Andrew 
Steckel) to CARB (Kurt Karperos) listing EPA's current CTGs, 
Alternative Control Techniques (ACTs), and other

[[Page 27458]]

documents which may help to establish RACT.
    9. ``Implementation of the 2008 National Ambient Air Quality 
Standards for Ozone: State Implementation Plan Requirements'' (80 FR 
12264; March 6, 2015).
    With respect to major stationary sources, even though the PCAPCD 
nonattainment area was classified as ``serious'' nonattainment for the 
1997 8-hour ozone NAAQS at the time the District adopted its 2006 RACT 
SIP, the District performed its 2006 RACT SIP demonstration as though 
it were classified as a ``severe'' nonattainment area by analyzing for 
major VOC/NOX sources that emit or have the potential to 
emit at least 25 tons per year (tpy) as opposed to the 50 tpy threshold 
associated with major sources in ``serious'' ozone nonattainment 
areas.\2\ CAA section 182(c), (d), and (f).
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    \2\ Major stationary sources of VOC or NOX in serious 
ozone nonattainment are those sources that emit or have the 
potential to emit at least 50 tons per year.
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    On May 5, 2010 (75 FR 24409), EPA granted the State of California's 
request to reclassify the Sacramento Metropolitan ozone nonattainment 
area, which includes parts of the PCAPCD, from ``serious'' to ``severe-
15'' for the 1997 8-hour ozone NAAQS. The Sacramento Metropolitan ozone 
nonattainment area is also classified as severe-15 for the 2008 8-hour 
ozone standard. 40 CFR 81.305. We evaluated both PCAPCD's 2006 RACT SIP 
and its 2014 RACT SIP based on a ``severe-15'' classification.

B. Do the RACT SIP submissions meet the evaluation criteria?

    PCAPCD's 2006 and 2014 RACT SIPs provide the District's 
demonstration and certification that the applicable SIP for the Placer 
County APCD satisfies CAA section 182 RACT requirements for the 1997 
and 2008 8-hour ozone NAAQS. This conclusion is based on the District's 
analysis of SIP-approved requirements that apply to: (1) CTG source 
categories; and (2) major non-CTG stationary sources of NOX 
or VOC emissions. See PCAPCD's 2006 RACT SIP Tables A and B and 2014 
RACT SIP Table 1.
    With respect to the 2006 RACT SIP, Table A in the appendix to the 
2006 RACT SIP identifies the CTG and non-CTG categories with the 
applicable district rules. The District did identify in Table D-1 of 
the 2006 RACT SIP several rules that required re-submittal since newer 
versions of the rules had been adopted. We reviewed the submittal 
status of the rules in Table D-1 and conclude that the rules have been 
submitted and approved into the SIP as meeting RACT.
    Table B in the appendix to the 2006 RACT SIP lists major sources of 
VOC and NOX in the District and includes a statement that 
all the major stationary sources have adopted District rules that 
satisfy RACT requirements. We reviewed CARB's emissions inventory 
database for other potential CTG and/or major non-CTG sources not 
included in PCAPCD's analysis and identified one major point source in 
the District that is subject to section 182 RACT but was not identified 
by the District. Capital Drum Inc., in Roseville, CA is a drum 
manufacturer/refurbisher and emitted 34 tpy of VOCs in 2007. We 
determined the source is covered by District Rule 223 ``Metal Container 
Coating,'' which meets current RACT.
    With respect to the 2014 RACT SIP, Table 1 of the 2014 RACT SIP 
lists existing District rules that have been determined to meet RACT 
and also lists the applicable CTGs. PCAPCD compared its rules to the 
CTGs and rules of other air districts to determine if they satisfied 
RACT. We conclude the PCAPCD rules meet RACT.
    The 2014 RACT SIP identified three major stationary point sources 
of NOX or VOC: Two biomass boilers and a natural gas 
turbine. PCAPCD's 2014 RACT SIP states the biomass boilers and natural 
gas turbine are subject to District RACT rules.
    We reviewed CARB's emissions inventory database for other potential 
CTG and/or major non-CTG sources not included in PCAPCD's analysis and 
did not identify any other major sources in the District. However, 
CARB's emissions inventory identified one potential CTG source under 
standard industrial classification (SIC) code 2821 for the manufacture 
of high-density polyethylene, polypropylene, and polystyrene CTG--for 
which PCAPCD's 2014 RACT SIP indicated it had no subject sources. 
Further investigation revealed that the SIC listed in CARB's emissions 
inventory database for Sak Construction LLC was incorrect and that Sak 
Construction LLC does not manufacture high-density polyethylene, 
polypropylene, and polystyrene and therefore is not subject to the CTG. 
The TSD contains further details.
    Where there are no existing sources covered by a particular CTG 
document, states may, in lieu of adopting RACT requirements for those 
sources, adopt negative declarations certifying that there are no such 
sources in the relevant nonattainment area. Table C of PCAPCD's 2006 
RACT SIP and Table 2 of PCAPCD's 2014 RACT SIP lists the District's 
negative declarations where it had no sources subject to the applicable 
CTGs for the 1997 and 2008 8-hour ozone standards respectively. The 
District based its conclusions on a review of its permit database, 
internet search, business listings, SIC codes, industrial trade 
association records, and yellow pages. We summarized the District's 
negative declarations in Table 2 below.
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    \3\ Based on PCAPCD's 2014 RACT SIP, Table 2, a negative 
declaration was required for the Polyester Resin CTG. PCAPCD adopted 
the required negative declaration and submitted it with its 2014 
RACT SIP.

                                      Table 2--PCAPCD Negative Declarations
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                                                                                        2006 RACT     2014 RACT
                CTG Source category                      CTG Reference document            SIP           SIP
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Aerospace Coatings................................  EPA-453/R-97-004, Control of                X             X
                                                     Volatile Organic Compound
                                                     Emissions from Coating
                                                     Operations at Aerospace
                                                     Manufacturing and Rework
                                                     Operations.
Automobile and Light-duty Truck Assembly Coatings.  EPA-450/2-77-008, Control of                X             X
                                                     Volatile Organic Emissions from
                                                     Existing Stationary Sources--
                                                     Volume II: Surface Coating of
                                                     Cans, Coils, Paper, Fabrics,
                                                     Automobiles, and Light-Duty
                                                     Trucks.
                                                    EPA 453/R-08-006, Control                N/A*             X
                                                     Techniques Guidelines for
                                                     Automobile and Light-Duty Truck
                                                     Assembly Coatings.
Dry Cleaning (Petroleum)..........................  EPA-450/3-82-009, Control of                X             X
                                                     Volatile Organic Compound
                                                     Emissions from Large Petroleum
                                                     Dry Cleaners.
Fiberglass Boat Manufacturing.....................  EPA 453/R-08-004, Control                N/A*             X
                                                     Techniques Guidelines for
                                                     Fiberglass Boat Manufacturing
                                                     Materials.
Flexible Packaging Printing.......................  EPA-453/R-06-003, Control                N/A*             X
                                                     Techniques Guidelines for
                                                     Flexible Package Printing.
Large Appliances Surface Coatings.................  EPA-450/2-77-034, Control of                X             X
                                                     Volatile Organic Emissions from
                                                     Existing Stationary Sources--
                                                     Volume V: Surface Coating of
                                                     Large Appliances.
                                                    EPA 453/R-07-004, Control                N/A*             X
                                                     Techniques Guidelines for Large
                                                     Appliance Coatings.

[[Page 27459]]

 
Magnet Wire.......................................  EPA-450/2-77-033, Control of                X             X
                                                     Volatile Organic Emissions from
                                                     Existing Stationary Sources--
                                                     Volume IV: Surface Coating of
                                                     Insulation of Magnet Wire.
Metal Furniture Coatings..........................  EPA-450/2-77-032, Control of                X             X
                                                     Volatile Organic Emissions from
                                                     Existing Stationary Sources--
                                                     Volume III: Surface Coating of
                                                     Metal Furniture.
                                                    EPA 453/R-07-005, Control                N/A*             X
                                                     Techniques Guidelines for Metal
                                                     Furniture Coatings.
Natural Gas/Gasoline..............................  EPA-450/3-83-007 Control of                 X             X
                                                     Volatile Organic Compound
                                                     Equipment Leaks from Natural
                                                     Gas/Gasoline Processing Plants.
Paper and Fabric..................................  EPA-450/2-77-008, Control of      ............            X
                                                     Volatile Organic Emissions from
                                                     Existing Stationary Sources--
                                                     Volume II: Surface Coating of
                                                     Cans, Coils, Paper, Fabrics,
                                                     Automobiles, and Light-Duty
                                                     Trucks.
Paper, Film and Foil Coatings.....................  EPA 453/R-07-003, Control                N/A*             X
                                                     Techniques Guidelines for
                                                     Paper, Film, and Foil Coatings.
Pharmaceutical Products...........................  EPA-450/2-78-029, Control of                X             X
                                                     Volatile Organic Emissions from
                                                     Manufacture of Synthesized
                                                     Pharmaceutical Products.
Polyester Resin \3\...............................  EPA-450/3-83-008, Control of                X             X
                                                     Volatile Organic Compound
                                                     Emissions from Manufacture of
                                                     High-Density Polyethylene,
                                                     Polypropylene, and Polystyrene
                                                     Resins.
                                                    EPA-450/3-83-006, Control of                X             X
                                                     Volatile Organic Compound Leaks
                                                     from Synthetic Organic Chemical
                                                     Polymer and Resin Manufacturing
                                                     Equipment.
Refineries........................................  EPA-450/2-77-025, Control of                X             X
                                                     Refinery Vacuum Producing
                                                     Systems, Wastewater Separators,
                                                     and Process Unit Turnarounds.
                                                    EPA-450/2-78-036, Control of                X             X
                                                     Volatile Organic Compound Leaks
                                                     from Petroleum Refinery
                                                     Equipment.
Rubber Tire.......................................  EPA-450/2-78-030, Control of                X             X
                                                     Volatile Organic Emissions from
                                                     Manufacture of Pneumatic Rubber
                                                     Tires.
Ships/Marine Coating..............................  61 FR 44050, 08/27/96, Control              X             X
                                                     Techniques Guidelines for
                                                     Shipbuilding and Ship Repair
                                                     Operations (Surface Coating).
Synthetic Organic Chemicals.......................  EPA-450/3-84-015, Control of                X             X
                                                     Volatile Organic Compound
                                                     Emissions from Air Oxidation
                                                     Processes in Synthetic Organic
                                                     Chemical Manufacturing Industry.
                                                    EPA-450/4-91-031, Control of                X             X
                                                     Volatile Organic Compound
                                                     Emissions from Reactor
                                                     Processes and Distillation
                                                     Operations in Synthetic Organic
                                                     Chemical Manufacturing Industry.
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* These CTGs were issued between 2006-2008 and are not a requirement for the 1997 8-hour ozone standard.

    PCAPCD provided its 2006 and 2014 RACT SIPs for public comment 
prior to the public hearing for adoption. No written comments were 
received by the District.
    We are proposing to find that PCAPCD's 2006 and 2014 RACT SIP 
submissions, including the above negative declarations, adequately 
demonstrate that its rules satisfy RACT for the 1997 and 2008 8-hour 
ozone NAAQS. Our TSDs have more information on our evaluation.

C. EPA Recommendations To Strengthen the RACT SIP

    The TSD for the 2014 RACT SIP describes recommendations for 
potential future emission reductions the next time the District opens 
the rules for amendment.

D. Proposed Action and Public Comment

    Based on the evaluations discussed above and more fully in our 
TSDs, we are proposing to conclude that PCAPCD's 2006 and 2014 RACT 
SIPs satisfy CAA section 182 RACT requirements for the 1997 and 2008 8-
hour ozone NAAQS and to fully approve these submissions into the 
California SIP pursuant to section 110(k)(3) of the Act.
    We are also proposing to approve the submitted negative 
declarations for the polyester resins CTGs for the 2008 8-hr Ozone 
NAAQS. We will accept comments from the public on this proposal for the 
next 30 days. Unless we receive convincing new information during the 
comment period, we intend to publish a final approval action that will 
incorporate these RACT submissions into the federally enforceable SIP.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, 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, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this proposed action merely proposes to approve state law 
as meeting federal requirements and does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (2 U.S.C. 1531-1538);
     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, the SIP is not approved to apply on any Indian reservation 
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 
rule does not have tribal implications and will not impose

[[Page 27460]]

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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: May 16, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2017-12344 Filed 6-14-17; 8:45 am]
 BILLING CODE 6560-50-P