Presented 9/ 02 The Office of Solid Waste and Emergency Response State and Tribal Role in Superfund A Background Briefing for the National Advisory Committee for Environmental Policy and Technology ( NACEPT) Presented 9/ 02 Sources: 1. Grant Cope, USPIRG, testimony, April 10, 2002. 2. Environmental Law Institute, An Analysis of State Superfund Programs: 50 Stat e Study, 2000 Update,

Table IV 4 3. E Facts as of 6/ 6/ 02, 1 EPA Superfund is a Small Portion of Known Site Cleanups * Current, Proposed, and Deleted NPL Sites: 1,553*

( NPL Mega Sites: 119*)

OCA Sites: 1525 Removal only Sites: 1190 CERCLIS Sites Needing Assessment:

4,349 Final Decisions: 35,792 44,409 Site Universe ° There are " 600,000 suspected waste sites. 1 ° Close to 30,000 sites have been addressed by States or EPA removal action. 2 ° Another 44,409 have come to EPA for assessment/ action. 3 ° The NPL has 1553 sites, current,

proposed and deleted. Presented 9/ 02 2 Role of States under CERCLA CERCLA as amended in 1986 ( PL 96 510, SARA)

° Section 121 ( f)

° Provides for substantial and meaningful state involvement in decision making.

° Compliance with ARARs( or waivers)

° Section 104 ° Provides State cost share on fund financed remedial actions and assumption of Operation and Maintenance ( O& M)

° Requires other state assurances related to real property, a 20year waste capacity, and where needed,

availability of a disposal facility.

° Provides funding for participation in CERCLA response actions.

° Section 128 ° Support for State response programs ° Bars CERCLA Enforcement for certain sites with eligible response under State program if public record is maintained.

° Clarifies NPL deferral program CERCLA as amended in 2002 ( PL 107 118, SBLRBRA) Presented 9/ 02 Funding to States/ Tribes Has Diversified in the Last 7 Years Source: IFMS as of 5/ 08/ 02 Cumulative Funding to States and Tribes,

FY 1988   FY 1995: $ 377M 3 Total Funding: $ 857M Note: These charts reflect funding provided through the following Cooperative Agreement types: Preliminary Assessment/ Site Investigation ( PA/ SI); Enforcement; Support Agency; Core Program; Consolidated Funding; and Other.

PA/ SI: $ 202M Support Agency,

Management Assistance, Core Program, Other:

$ 128M Enforcement:

$ 47M PA/ SI: $

97MBrownfields:

$ 170M Core Program:

$ 106M 22% 20%

36%

54%

34% 12% Support Agency:

$ 41M Consolidated Funding: $ 29M 5% Other: 4% Enforcement:

$ 17M 4%

FY 1988   FY 1995FY 1996   FY 2002 9%

Cumulative Funding to States and Tribes,

FY 1996   FY 2002: $ 480M $ 20M Presented 9/ 02 State Role in Getting Sites to the NPL ° States have conducted close to half the assessments for possible NPL sites.

° Consultation with States and Governors on NPL listing has occurred since FY 1996.

° Worksharingagreements   formal and informal deferrals ( The Brownfieldslaw clarifies deferral).

4 Presented 9/ 02 5 The Initiation of State Cleanup Programs Has Accelerated Over the Last Ten Years 0 1 2 3 4 5 6 7 8 9 10 Pre 1980 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 Superfund like Programs Voluntary Cleanup Programs Brownfield Programs Number of programs begun that year Source: Environmental Law Institute, An Analysis of State Superfund Programs: 50 State Study, 2000 Updates Presented 9/ 02 State Role in Getting Sites to the NPL ° Many VCP'swere developed with Superfund seed money.

° State GIS systems are funded by EPA.

° Enhanced State Role pilots were designed to pick up interest wherever States wanted joint work teams ( ex. SC).

6 Presented 9/ 02 * 2000 Fund and Bond amounts were estimated based on the percentage of change of expenditures from 1998 to 2000 7 $ 0.00 $ 0.20 $ 0.40 $ 0.60 $ 0.80 $ 1.00 $ 1.20 $ 1.40 $ 1.60 19911993199519982000*

Total State Bond Amount Total State Expenditures Total State Fund Balance Billions of Dollars Source: Environmental Law Institute, An Analysis of State Superfund Programs:

50 State Study, 1989, 1990, 1991, 1993, 1995, 1998, 2000 Updates Changes to States Superfund Program Funds and Expenditures 1991  2000 Presented 9/ 02 Source: IFMS as of 5/ 08/ 02 Cooperative Agreement Distribution: Response Program 1988  2002 * Suggested Parensaround the dollar amounts have not been included since Parensmean a negative number in accounting. 8 Note: These charts reflect funding provided through the following Cooperative Agreement types : Remedial Investigation/ Feasibility Study; Remedial Design;

Remedial Action/ Post Construction; and Removal Actions.

Cumulative Cooperative Agreement Response Funding,

1988   2002: $ 1,007,061,638 Remedial Action $ 794M Remedial Investigation/

Feasibility Study $ 129M Remedial Design $ 68M Removal Action $ 16M RI/ FS Sites: 442 RD Sites: 249 RA Sites: 204 Removal: 22 Number of Sites in Each Category 1988  2002 Presented 9/ 02 * Activity types include RI/ FS, RD, RA, Long term Remedial Actions, and Non time Critical Removals # Includes Proposed, Current, and Deleted NPL sites Number of NPL Sites with State lead Activities Initiated, by Fiscal Year 9 State lead Activities Initiated at Sites 1980  1992 Year Number of Sites with a State Lead Response Activity Initiated* Number of NPL Sites Added #

1980 2 0 1981 11 0 1982 21 4 1983 30 540 1984 62 0 1985 55 273 1986 28 44 1987 39 59 1988 35 213 1989 37 63 1990 19 23 1991 13 21 1992 8 27 Subtotal 360 ( 28%) 1267 State lead Activities Initiated at Sites 1993  2002 Year Number of Sites with a State Lead Response Activity Initiated* Number of NPL Sites Added #

1993 6 49 1994 10 34 1995 6 9 1996 5 23 1997 4 18 1998 7 34 1999 6 35 2000 7 40 2001 7 42 2002 1 2 Subtotal 93 02 59 ( 20%) 286 Subtotal 80 92 360 ( 28%) 1267 Overall Total 419 ( 27%) 1553 Presented 9/ 02 Key Policies, Guidance, and Regulations June 5th, 1990   40 CFR Part 35, Subpart O, " Cooperative Agreements and Superfund State Contracts for Superfund Response Actions"   This regulation codifies recipient requirements for administering CERCLA funded Cooperative Agreements. This regulation also codifies requirements for administering Superfund State Contracts ( SSCs) for non State lead remedial responses undertaken pursuant to section 104 of CERCLA. This regulation is currently under revision to provide greater flexibility and a greater role in the Superfund program to states and tribes.

March 1995   Consolidated/ Block Funding   This Superfund reform offers ways for States and Tribes to realize greater flexibility in their use ofCooperative Agreement ( CA) resources by allowing States and Tribes to direct CA funds between sites and activities to the extent allowed by the Advice of Allowance, by providing for the transfer of funds from among sites and activities, within the approved tasks for the cooperative agreement, without prior EPA approval, and by reducing specific administrative budget and reporting requirements, where appropriate, which can produce resource saving for both levels of government. 2 July 27, 1995 Governor Concurrence for Site Listing   Public Law 104 19, directed EPA to obtain a letter of concurrence from the governor of a state prior to listing a site in that state on the National Priorities List. Public Law 104 19 expired three years later, but EPA, as a matter of policy to further enhance the role of states in the Superfund program, continued to require a governor's letter of concurrence prior to NPL listing. 3 Sources: 1. http:// www. access. gpo. gov/ nara/ cfr/ cfrhtml_ 00/ Title_ 40/ 40cfr35_ 00. html2. http:// www. epa. gov/ oerrpage/ superfund/ programs/ reforms/ reforms/ 2 12. htm 3. http:// www. epa. gov/ superfund/ sites/ npl/ f950929. htm 10 Presented 9/ 02 November 14, 1996  Interim Approaches for Regional Relations with State Voluntary Cleanup Programs This reform supports effective State and Tribal voluntary cleanup programs and promotes cooperation between States, Tribes, and Regions. To support this initiative, EPA has published guidance on drafting Memoranda of Agreement ( MOAs)

between Regions and States. MOAsallow parties to work together to support protective cleanups and sustainable redevelopment. 4 March 12, 1998  The Plan to Enhance the Role of States and Tribes in the Superfund Program  The purpose of the Superfund Enhanced State and Tribal Role Initiative ( STROLE) was to develop a comprehensive plan that EPA can implement to share Superfund Program responsibilities with interested and capable states and tribes, to enable cleanup of more sites. EPA intends for this plan to promote flexibility in the management of contaminated sites consistent with the overall goal of protecting human health and the environment. 5 Key Policies, Guidance, and Regulations Sources: 4. http:// www. epa. gov/ superfund/ programs / reforms/ reforms/ 2 10. htm5. http:// www. epa. gov/ superfund/ states/ strole/ index. htm 11


July 14, 2008

MEMORANDUM

SUBJECT:	Economic Impact Analysis for National Emission Standards for
Hazardous Air Pollutants for Chemical Manufacturing Area Sources

FROM:	Tom Walton

Economist

ABCG (C439-02)

TO:		Randy McDonald

                        Engineer

CCG (E143-01)

This document addresses   SEQ CHAPTER \h \r 1  the economic impacts of
the proposed national emissions standards for hazardous air pollutants
for nine area source categories in the chemical manufacturing sector:
Agricultural Chemicals and Pesticides Manufacturing, Cyclic Crude and
Intermediate Production, Industrial Inorganic Chemical Manufacturing,
Industrial Organic Chemical Manufacturing, Inorganic Pigments
Manufacturing, Miscellaneous Organic Chemical Manufacturing, Plastic
Materials and Resins Manufacturing, Pharmaceutical Production, and
Synthetic Rubber Manufacturing.

Both the magnitude of control costs needed to comply with the rule and
the distribution of these costs among affected facilities can have a
role in determining how the market will change in response to rule.
Total annualized costs for the rule are estimated to be less than six
million dollars.  About 450 facilities are projected to incur costs that
range from $300 to $90,000 because of the proposed rule.

Because sales information was not available at the facility level, 2002
Economic Census Industry Series Reports were used to develop average
value of shipments estimates for all facilities and for a small size
facility with 50 to 99 employees.  The Small Business Administration
definition for these manufacturing sectors ranges from 500 to 1000
employees so an average sales for firms in the 50 to 99 range is
representative of smaller small businesses.  The larger facilities may
be expected to be more likely to incur costs due to the regulation.
Census information is available at the 6 – digit NAICS (North American
Industry Classification System) for various employment levels but the
cost information was mostly available at the 5 - digit NAICS level to
averages for the five digit level were developed from the 6 – digit
NAICS information and compared to both the average cost for each 5 –
digit level and the maximum facility cost for that level.  See

the table below.  All costs and sales are in 2007 dollars.

Table I	NAICS	Ave cost/Ave Sales	Max Cost/ Average sales	Ave cost /
Small Sales

Other basic organic chemical manufacturing	32519	0.011%	0.085%	0.014%

Other basic inorganic chemical manufacturing	32518	0.067%	0.175%	0.052%

Resin and synthetic rubber manufacturing	32521	0.016%	0.122%	0.023%

Inorganic dye and pigment manufacturing 	325131	0.058%	0.105%	0.139%

Pesticide & other agric. chemical manufacturing	32532	0.039%	0.125%
0.033%

Pharmaceutical and medicine manufacturing 	32541	0.005%	0.060%	0.015%

The average costs are all projected to be less than seven hundredths of
a per cent of average sales.  The maximum cost for each industry is
projected to be less than two tenths of a per cent of average sales.
The average costs are all projected to be less than two tenths of a per
cent of average sales for small facilities within the respective
industry with 50 to 99 employees. The costs are so small that the impact
is not expected to be significant.  Therefore, there is no significant
impact on a substantial number of small entities.

These small costs are not expected to result in a significant market
impact whether they are passed on to the purchaser or absorbed.


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on September 24, 2003

NOTICE OF ACTION TAKEN -- DOCKET OST-2003-15973

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Joint Applicants:  COMPANIA MEXICANA de AVIACION, S.A. de C.V. &
AEROVIAS de MEXICO, S.A. de C.V.

Date Filed:  August 18, 2003, as supplemented on September 22, 2003.

Relief requested:  Exemption from 49 USC section 41301 to permit
Aeromexico to conduct scheduled, combination service between Mexico
City, Mexico, and Las Vegas, Nevada (and to conduct this service only by
codeshare with Mexicana on flights operated by Mexicana); and a
Statement of Authorization under 14 CFR Part 212 to permit Mexicana to
carry Aeromexico’s designator code on Mexicana’s scheduled services
operated between Mexico City and Las Vegas.  (The joint applicants
previously had requested deferral on this Mexico City-Las Vegas part of
their application in this Docket.)

Applicants’ representatives:  Charles F. Donley II (for Mexicana),
202-626-6840 and William C. Evans (for Aeromexico),<PHONE_NUMBER>
DOT analyst:  Allen F. Brown,<PHONE_NUMBER>

If renewal, date and citation of last action:  New authority.

Responsive pleadings:  None.

	DISPOSITION

Action:  Approved.
                                              Action date:  September
24, 2003

Effective dates of authority granted:  The exemption authority is
effective September 24, 2003, through September 24, 2004.  The Statement
of Authorization is of indefinite duration.

Basis for approval:  United States-Mexico Air Transport Services
Agreement.

Except to the extent exempted/waived, the exemption authority is subject
to the terms, conditions, and limitations indicated:  standard exemption
conditions.

Remarks/Special conditions:  The codeshare operations are subject to the
following conditions – a) The Statement of Authorization will remain
in effect only as long as (i) Aeromexico and Mexicana continue to hold
the necessary underlying authority to operate the code-share services at
issue, and (ii) the code-share agreement providing for the code-share
operations remains in effect.  b) The subject foreign air carriers
(Aeromexico and Mexicana) must promptly notify the Department (Office of
International Aviation) if the code-share agreement under which these
code-share services are operated is no longer in effect, or if the
carriers decide to cease operating all or any portion of the approved
code-share services.  (We expect this notification to be received within
ten days of such non-effectiveness or of such decision.  This notice
should be filed in Docket OST-2003-15973.)  c) The code-sharing
operations conducted under this authority must comply with 14 CFR Part
257 and with any amendments to the Department’s regulations concerning
code-share arrangements that may be adopted.  Notwithstanding any
provisions in the contract between the subject air carriers, our
approval here is expressly conditioned upon the requirements that the
subject foreign air transportation be sold in the name of the carrier
holding out the service in computer reservation systems and elsewhere;
that the carrier selling such transportation (that is, the carrier shown
on the ticket) accept responsibility for the entirety of the code-share
journey for all obligations established in its contract of carriage with
the passenger; and that the passenger liability of the operating carrier
be unaffected.  d) The authority granted here is specifically
conditioned so that the subject foreign air carriers shall not give any
force or effect to any contractual provisions between themselves that
are contrary to these conditions.

Action taken by:   Paul L. Gretch, Director, Office of International
Aviation

________________________________________________________________________
______________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) the applicant was qualified to perform its proposed
operations; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp


Total latency is the total time between when the position is
measured and when the position is transmitted by the aircraft.
    Uncompensated latency is the time for which the aircraft does not
compensate for latency.
    (b) 1090 MHz ES and UAT Broadcast Links and Power Requirements--
    (1) Aircraft operating in Class A airspace must have equipment
installed that meets the antenna and power output requirements of Class
A1, A1S, A2, A3, B1S, or B1 equipment as defined in TSO-C166b, Extended
Squitter Automatic Dependent Surveillance-Broadcast (ADS-B) and Traffic
Information Service-Broadcast (TIS-B) Equipment Operating on the Radio
Frequency of 1090 Megahertz (MHz).
    (2) Aircraft operating in airspace designated for ADS-B Out, but
outside of Class A airspace, must have equipment installed that meets
the antenna and output power requirements of either:
    (i) Class A1, A1S, A2, A3, B1S, or B1 as defined in TSO-C166b; or
    (ii) Class A1H, A1S, A2, A3, B1S, or B1 equipment as defined in
TSO-C154c, Universal Access Transceiver (UAT) Automatic Dependent
Surveillance-Broadcast (ADS-B) Equipment Operating on the Frequency of
978 MHz.
    (c) ADS-B Out Performance Requirements for NAC P, NACV, NIC, SDA,
and SIL--
    (1) For aircraft broadcasting ADS-B Out as required under Sec.
91.225 (a) and (b)--
    (i) The aircraft's NACP must be less than 0.05 nautical
miles;
    (ii) The aircraft's NACV must be less than 10 meters per
second;
    (iii) The aircraft's NIC must be less than 0.2 nautical miles;
    (iv) The aircraft's SDA must be 2; and
    (v) The aircraft's SIL must be 3.
    (2) Changes in NACP, NACV, SDA, and SIL must
be broadcast within 10 seconds.
    (3) Changes in NIC must be broadcast within 12 seconds.
    (d) Minimum Broadcast Message Element Set for ADS-B Out. Each
aircraft must broadcast the following

information, as defined in TSO-C166b or TSO-C154c. The pilot must enter
information for message elements listed in paragraphs (d)(7) through
(d)(10) of this section during the appropriate phase of flight.
    (1) The length and width of the aircraft;
    (2) An indication of the aircraft's latitude and longitude;
    (3) An indication of the aircraft's barometric pressure altitude;
    (4) An indication of the aircraft's velocity;
    (5) An indication if TCAS II or ACAS is installed and operating in
a mode that can generate resolution advisory alerts;
    (6) If an operable TCAS II or ACAS is installed, an indication if a
resolution advisory is in effect;
    (7) An indication of the Mode 3/A transponder code specified by
ATC;
    (8) An indication of the aircraft's call sign that is submitted on
the flight plan, or the aircraft's registration number, except when the
pilot has not filed a flight plan, has not requested ATC services, and
is using a TSO-C154c self-assigned temporary 24-bit address;
    (9) An indication if the flightcrew has identified an emergency,
radio communication failure, or unlawful interference;
    (10) An indication of the aircraft's ``IDENT'' to ATC;
    (11) An indication of the aircraft assigned ICAO 24-bit address,
except when the pilot has not filed a flight plan, has not requested
ATC services, and is using a TSO-C154c self-assigned temporary 24-bit
address;
    (12) An indication of the aircraft's emitter category;
    (13) An indication of whether an ADS-B In capability is installed;
    (14) An indication of the aircraft's geometric altitude;
    (15) An indication of the Navigation Accuracy Category for Position
(NACP);
    (16) An indication of the Navigation Accuracy Category for Velocity
(NACV);
    (17) An indication of the Navigation Integrity Category (NIC);
    (18) An indication of the System Design Assurance (SDA); and
    (19) An indication of the Source Integrity Level (SIL).
    (e) ADS-B Latency Requirements--
    (1) The aircraft must transmit its geometric position no later than
2.0 seconds from the time of measurement of the position to the time of
transmission.
    (2) Within the 2.0 total latency allocation, a maximum of 0.6
seconds can be uncompensated latency. The aircraft must compensate for
any latency above 0.6 seconds up to the maximum 2.0 seconds total by
extrapolating the geometric position to the time of message
transmission.
    (3) The aircraft must transmit its position and velocity at least
once per second while airborne or while moving on the airport surface.
    (4) The aircraft must transmit its position at least once every 5
seconds while stationary on the airport surface.
    (f) Equipment with an approved deviation. Operators with equipment
installed with an approved deviation under Sec.  21.618 of this chapter
also are in compliance with this section.
    (g) Incorporation by Reference. The standards required in this
section are incorporated by reference with the approval of the Director
of the Office of the Federal Register under 5 U.S.C. 552(a) and 1 CFR
part 51. All approved materials are available for inspection at the
FAA's Office of Rulemaking (ARM-1), 800 Independence Avenue, SW.,
Washington, DC 20590 (telephone<PHONE_NUMBER>), or at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call<PHONE_NUMBER>, or go to
http://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html. This material is also available from
the sources indicated in paragraphs (g)(1) and (g)(2) of this section.
    (1) Copies of Technical Standard Order (TSO)-C166b, Extended
Squitter Automatic Dependent Surveillance-Broadcast (ADS-B) and Traffic
Information Service-Broadcast (TIS-B) Equipment Operating on the Radio
Frequency of 1090 Megahertz (MHz) (December 2, 2009) and TSO-C154c,
Universal Access Transceiver (UAT) Automatic Dependent Surveillance-
Broadcast (ADS-B) Equipment Operating on the Frequency of 978 MHz
(December 2, 2009) may be obtained from the U.S. Department of
Transportation, Subsequent Distribution Office, DOT Warehouse M30,
Ardmore East Business Center, 3341 Q 75th Avenue, Landover, MD 20785;
telephone<PHONE_NUMBER>. Copies of TSO -C166B and TSO-C154c are also
available on the FAA's Web site, at http://www.faa.gov/aircraft/air_
cert/design_approvals/tso/. Select the link ``Search Technical
Standard Orders.''
    (2) Copies of Section 2, Equipment Performance Requirements and
Test Procedures, of RTCA DO-260B, Minimum Operational Performance
Standards for 1090 MHz Extended Squitter Automatic Dependent
Surveillance-Broadcast (ADS-B) and Traffic Information Services-
Broadcast (TIS-B), December 2, 2009 (referenced in TSO-C166b) and
Section 2, Equipment Performance Requirements and Test Procedures, of
RTCA DO-282B, Minimum Operational Performance Standards for Universal
Access Transceiver (UAT) Automatic Dependent Surveillance-Broadcast
(ADS-B), December 2, 2009 (referenced in TSO C-154c) may be obtained
from RTCA, Inc., 1828 L Street, NW., Suite 805, Washington, DC 20036-
5133, telephone<PHONE_NUMBER>. Copies of RTCA DO-260B and RTCA DO-282B
are also available on RTCA Inc.'s Web site, at http://www.rtca.org/
onlinecart/allproducts.cfm.
    9. Amend appendix D to part 91 by revising section 1 introductory
text to read as follows:

APPENDIX D TO PART 91--AIRPORTS/LOCATIONS: SPECIAL OPERATING
RESTRICTIONS

    Section 1. Locations at which the requirements of Sec.
91.215(b)(2) and Sec.  91.225(d)(2) apply. The requirements of
Sec. Sec.  91.215(b)(2) and 91.225(d)(2) apply below 10,000 feet
above the surface within a 30-nautical-mile radius of each location
in the following list.
* * * * *

    Issued in Washington, DC, on May 21, 2010.
J. Randolph Babbitt,
Administrator.
[FR Doc. 2010-12645 Filed 5-27-10; 8:45 am]
BILLING CODE 4910-13-P


Nt refers to the total number of manifests completed in a year.
(b)(1) If after four years of system operations, electronic manifest usage does not equal or exceed 75% of total manifest usage, EPA may transition to the following formula or methodology to determine per manifest fees:
Feei=Marginal Costi+System Setup CostYears x Nt+O&Mi CostNiSystem Setup CostYears x Nt+ Marginal Costi+O&Mi CostNix1+Indirect Cost Factor

System Setup Cost=Procurement Cost+EPA Program Cost

O&Mfully electronicCost=Electronic System O&M Cost+ Help Desk Cost+EPA Program Cost+CROMERR Cost + LifeCycle Cost to Modify or Upgrade eManfiest System Related Services

O&Mall otherCost= Electronic System O&M Cost+Paper Center O&M Cost+ Help Desk Cost+EPA Program Cost+CROMERR Cost + LifeCycle Cost to Modify or Upgrade eManfiest System Related Services

Ni refers to the total number of one of the four manifest submission types "i" completed in a year.

O&Mi Cost refers to the differential O&M Cost for each manifest submission type "i."
(2) At the completion of four years of system operations, EPA shall publish a notice:
(i) Stating the date upon which the fee formula set forth in paragraph (b)(1) of this section shall become effective; or
(ii) Stating that the fee formula in paragraph (b)(1) shall not go into effect under this section, and that the circumstances of electronic manifest adoption and the appropriate fee response shall be referred to the System Advisory Board for the Board's advice.

§ 264.1313 User fee revisions.

(a)(1) EPA will revise the fee schedules for e-Manifest submissions and related activities at two-year intervals, by utilizing the applicable fee calculation formula prescribed in § 264.1312 and the most recent program cost and manifest usage numbers.
(2) The fee schedules will be published to users through the e-Manifest program web site by July 1 of each odd numbered calendar year, and will cover the two fiscal years beginning on October 1 of that year and ending on September 30 of the next odd numbered calendar year.
(b) Inflation adjuster. The second year of each two-year fee schedule shall be adjusted for inflation by using the following adjustment formula:
   FeeiYear 2 = FeeiYear1 X (CPIYear2-2/CPIYear2-1), where
   FeeiYear2 is the Fee for each type of manifest submission "i" in Year 2 of the fee cycle,
   FeeiYear1 is the Fee for each type of manifest submission "i" in Year 1 of the fee cycle, and
   CPIYear2-2/CPIYear2-1 is the ratio of the CPI published for the year two years prior to Year 2 to the CPI for the year one year prior to Year 2 of the cycle.

(c) Revenue recovery adjusters. The fee schedules published at two-year intervals under this section shall include an adjustment to recapture revenue lost in the previous two-year fee cycle on account of imprecise estimates of manifest usage. This adjustment shall be calculated using the following adjustment formula to calculate a revenue recapture amount which will be added to O&M Costs in the fee calculation formula of § 264.1312:
   Revenue Recapturei = (NiYear1 + NiYear2)Actual -  -- (NiYear1 + NiYear2)Est X Feei(Ave), where
   Revenue Recapturei is the amount of fee revenue recaptured for each type of manifest submission "i,"
   (NiYear1 + NiYear2)Actual -  -- (NiYear1 + NiYear2)Est is the difference between actual manifest numbers submitted to the system for each manifest type during the previous 2-year cycle, and the numbers estimated when we developed the previous cycle's fee schedule, and
   Feei(Ave) is the average fee charged per manifest type over the previous two-year cycle.
§ 264.1314 How to make user fee payments.
(a) All fees required by this subpart shall be paid by the owners or operators of the receiving facility in response to an electronic invoice or bill identifying manifest-related services provided to the user during the previous month and identifying the fees owed for the enumerated services.
(b) All fees required by this subpart shall be paid to EPA by the facility electronically in U.S. dollars, using one of the electronic payment methods supported by the Department of the Treasury's Pay.gov online electronic payment service, or any applicable additional or successor online electronic payment service offered by the Department of Treasury.
(c) All fees for which payments are owed in response to an electronic invoice or bill must be paid within 30 days of the date of the invoice or bill.

§ 264.1315 Sanctions for delinquent payments.
(a) Interest. In accordance with 31 U.S.C. 3717(a)(1), delinquent e-Manifest user fee accounts shall be charged a minimum annual rate of interest equal to the average investment rate for Treasury tax and loan accounts (Current Value of Funds Rate or CVFR) for the 12-month period ending September 30[th] of each year, rounded to the nearest whole percent.
(1) E-Manifest user fee accounts are delinquent if the accounts remain unpaid after the due date specified in the invoice or other notice of the fee amount owed.
(2) Due dates for invoiced or electronically billed fee amounts shall be 30 days from the date of the electronic invoice or bill.
(b) Financial penalty. (2) Due dates for invoiced or electronically billed fee amounts shall be 30 days from the date of the electronic invoice or bill.
(b) Financial penalty. In accordance with 31 U.S.C. 3717(e), e-Manifest user fee accounts that are more than 90 days past due (i.e., not paid by date 120 days from date of invoice) shall be charged an additional penalty of 6% per year assessed on any part of the debt that is past due for more than 90 days, plus any applicable handling charges.
 (c) Compliance with manifest perfection requirement. A manifest is fully perfected when:
(1) The manifest has been submitted by the owner or operator of a receiving facility to the e-Manifest system, as either an electronic submission or a paper manifest submission; and
(2) All user fees arising from the submission of the manifest have been fully paid.
§ 264.1316 Informal fee dispute resolution.
(a) Users of e-Manifest services that believe their invoice or charges to be in error must present their claims for fee dispute resolution informally using the process described in this section.
(b) Users asserting a billing dispute claim must first contact the system's billing representatives by phone or email at the phone number or email address provided for this purpose on the e-Manifest program's web site or other customer services directory.
(1) The fee dispute claimant must provide the system's billing representatives with information identifying the claimant and the invoice(s) that are affected by the dispute, including:
 The claimant's name, and the facility at which the claimant is employed;
 The EPA Identification Number of the affected facility;
 The date, invoice number, or other information to identify the particular invoice(s) that is the subject of the dispute; and
 A phone number or email address where the claimant can be contacted.
                             The fee dispute claimant must provide the system's billing representatives with sufficient    supporting information to identify the nature and amount of the fee dispute, including:
 If the alleged error results from the types of manifests submitted being inaccurately described in the invoice, the correct description of the manifest types that should have been billed;
 If the alleged error results from the number of manifests submitted being inaccurately described in the invoice, the correct description of the number of manifests that should have been billed;
 If the alleged error results from a mathematical error made in calculating the amount of the invoice, the correct fee calculations showing the corrected fee amounts; and
 Any other information from the claimant that explains why the invoiced amount is in error and what the fee amount invoiced should be if corrected.

 EPA's system billing representatives must respond to billing dispute claims made under this section within ten days of receipt of a claim. In response to a claim, the system's billing representative will:
 State whether the claim is accepted or rejected, and if accepted, the response will indicate the amount of any fee adjustment that will be refunded or credited to the facility; and
 If a claim is rejected, then the response shall provide a brief statement of the reasons for the rejection of the claim and advise the claimant of their right to appeal the claim to the Office Director for the Office of Resource Conservation and Recovery.
(c) Fee dispute claimants that are not satisfied by the response to their claim from the system's billing representatives may appeal their claim and initial decision to the Office Director for the Office of Resource Conservation and Recovery.
(1) Any appeal from the initial decision of the system's billing representatives must be taken within 10 days of the initial decision of the system's billing representatives under paragraph (b) of this section.
(2) The claimant shall provide the Office Director with the claim materials submitted to the system's billing representatives, the response provided by the system's billing representatives to the claim, and a brief written statement by the claimant explaining the nature and amount of the billing error, explaining why the claimant believes the decision by the system's billing representatives is in error, and why the claimant is entitled to the relief requested on its appeal.
(3) The Office Director shall review the record presented to him or her on an appeal under this paragraph, and shall determine whether the claimant is entitled to relief from the invoice alleged to be in error, and if so, shall state the amount of the recalculated invoice and the amount of the invoice to be adjusted.
(4) The decision of the Office Director an any appeal brought under this section is final and non-reviewable.

PART 265 -- INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
      14. The authority citation for Part 265 is revised to read as follows:
Authority: 42 U.S.C. 6905, 6906, 6912, 6922, 6923, 6924, 6925, 6935, 6936, 6937, and 6939g.
Subpart E -- Manifest System, Recordkeeping, and Reporting
      15. Section 265.71 is amended by revising paragraphs (a)(2) and (j), and by adding paragraph (l) to read as follows:
§ 265.71 Use of manifest system.
(a)	*	*	*
(2) If the facility receives a hazardous waste shipment accompanied by a manifest, the owner, operator, or his agent must:
(i) Sign and date, by hand, each copy of the manifest;
(ii) Note any discrepancies (as defined in § 265.72(a)) on each copy of the manifest;
(iii) Immediately give the transporter at least one copy of the manifest;
(iv) Within 30 days of delivery, send a copy (Page 2) of the manifest to the generator;
(v) Paper Manifest Submission Requirements are:
(A) Options for compliance on June 30, 2018. Beginning on June 30, 2018, send the top copy (Page 1) of any paper manifest and any paper continuation sheet to the e-Manifest system for purposes of data entry and processing, or in lieu of submitting the paper copy to EPA, the owner or operator may transmit to the EPA system an image file of Page 1 of the manifest and any continuation sheet, or both a data file and image file corresponding to Page 1 of the manifest and any continuation sheet, within 30 days of the date of delivery. Submissions of copies to the e-Manifest system shall be made at the mailing address or electronic mail/submission address specified at the e-Manifest program website's directory of services. Beginning on June 30, 2021, EPA will not accept mailed paper manifests from facilities for processing in e-Manifest.
(B) Options for compliance on June 30, 2021. Beginning on June 30, 2021, the requirement to submit the top copy (Page1) of the paper manifest and any paper continuation sheet to the e-Manifest system for purposes of data entry and processing may be met by the owner or operator only by transmitting to the EPA system an image file of Page 1 of the manifest and any continuation sheet, or by transmitting to the EPA system both a data file and the image file corresponding to Page 1 of the manifest and any continuation sheet, within 30 days of the date of delivery. Submissions of copies to the e-Manifest system shall be made to the electronic mail/submission address specified at the e-Manifest program website's directory of services; and
 (vi) Retain at the facility a copy of each manifest for at least three years from the date of delivery.

*	*	*	*	*
(j) Imposition of user fee for electronic manifest use.
(1) As prescribed in § 265.1311 of this part, and determined in § 265.1312 of this part, an owner or operator who is a user of the electronic manifest system shall be assessed a user fee by EPA for the submission and processing of each electronic and paper manifest. EPA shall update the schedule of user fees and publish them to the user community, as provided in § 265.1313 of this part.
(2) An owner or operator subject to user fees under this section shall make user fee payments in accordance with the requirements of § 265.1314 of this part, subject to the informal fee dispute resolution process of § 265.1316 of this part, and subject to the sanctions for delinquent payments under § 265.1315 of this part.

*	*	*	*	*
(l) Post-receipt manifest data corrections. After facilities have certified to the receipt of hazardous wastes by signing Item 20 of the manifest, any post-receipt data corrections may be submitted at any time by any interested person (e.g., waste handler) shown on the manifest.
(1) Interested persons must make all corrections to manifest data by electronic submission, either by directly entering corrected data to the web based service provided in e-Manifest for such corrections, or by an upload of a data file containing data corrections relating to one or more previously submitted manifests.
(2) Each correction submission must include the following information:
(i) The Manifest Tracking Number and date of receipt by the facility of the original manifest(s) for which data are being corrected;
(ii) The Item Number(s) of the original manifest that is the subject of the submitted correction(s); and
(iii) For each Item Number with corrected data, the data previously entered and the corresponding data as corrected by the correction submission.
(3) Each correction submission shall include a statement that the person submitting the corrections certifies that to the best of his or her knowledge or belief, the corrections that are included in the submission will cause the information reported about the previously received hazardous wastes to be true, accurate, and complete.
(i) The certification statement must be executed with a valid electronic signature; and
(ii) A batch upload of data corrections may be submitted under one certification statement.
(4) Upon receipt by the system of any correction submission, other interested persons shown on the manifest will be provided electronic notice of the submitter's corrections.
(5) Other interested persons shown on the manifest may respond to the submitter's corrections with comments to the submitter, or by submitting another correction to the system, certified by the respondent as above, and with notice of the corrections to other interested persons shown on the manifest.
      16. Subpart FF is added to part 265 to read as follows:
Subpart FF -- FEES FOR THE ELECTRONIC HAZARDOUS WASTE MANIFEST PROGRAM
Sec.
265.1300 Applicability.
265.1310 Definitions applicable to this subpart.
265.1311 Manifest transactions subject to fees.
265.1312 User fee calculation methodology.
265.1313 User fee revisions.
265.1314 How to make user fee payments.
265.1315 Sanctions for delinquent payments.
265.1316 Informal fee dispute resolution.
§ 265.1300 Applicability.
(a) This subpart prescribes:
(1) The methodology by which EPA will determine the user fees which owners or operators of facilities must pay for activities and manifest related services provided by EPA through the development and operation of the electronic hazardous waste manifest system (e-Manifest system); and
(2) The process by which EPA will revise e-Manifest system fees and provide notice of the fee schedule revisions to owners or operators of facilities.
(b) The fees determined under this subpart apply to owners or operators of facilities whose activities receiving, rejecting, or managing federally- or state-regulated wastes or other materials bring them within the definition of "user of the electronic manifest system" under § 260.10 of this chapter.
§ 265.1310 Definitions applicable to this subpart.
The following definitions apply to this subpart:
Consumer price index means the consumer price index for all U.S. cities using the "U.S. city average" area, "all items" and "not seasonally adjusted" numbers calculated by the Bureau of Labor Statistics in the Department of Labor.
CROMERR Costs are the sub-category of Operations and Maintenance costs that are expended by EPA in implementing electronic signature, user registration, identity proofing, and copy of record solutions that meet EPA's electronic reporting regulations as set forth in the Cross Media Electronic Reporting Rule (CROMERR) as codified at 40 CFR part 3.
Electronic manifest submissions means manifests that are initiated electronically using the electronic format supported by the e-Manifest system, and that are signed electronically and submitted electronically to the e-Manifest system by facility owners or operators to indicate the receipt or rejection of the wastes identified on the electronic manifest. Electronic manifest submissions include the hybrid or mixed paper/electronic manifests authorized under § 262.24(c)(1).
EPA program costs mean the Agency's intramural and non-information technology extramural costs expended in the design, development and operations of the e-Manifest system, as well as in regulatory development activities supporting e-Manifest, in conducting its capital planning, project management, oversight and outreach activities related to e-Manifest, in conducting economic analyses supporting e-Manifest, and in establishing the System Advisory Board to advise EPA on the system. Depending on the date on which EPA Program Costs are incurred, these costs may be further classified as either system setup costs or operations and maintenance costs.
Help desk costs mean the costs incurred by EPA or its contractors to operate the e-Manifest Help Desk, which EPA will establish to provide e-Manifest system users with technical assistance and related support activities.
Indirect costs mean costs not captured as Marginal Costs, System Setup Costs, or Operations and Maintenance Costs, but that are necessary to capture because of their enabling and supporting nature, and to ensure full cost recovery. Indirect costs include, but are not limited to, such cost items as physical overhead, maintenance, utilities, and rents on land, buildings, or equipment. Indirect costs also include the EPA costs incurred from the participation of EPA offices and upper management personnel outside of the lead program office responsible for implementing the e-Manifest program.
Manifest submission type means the type of manifest submitted to the e-Manifest system for processing, and includes electronic manifest submissions and paper manifest submissions.
Marginal labor costs mean the human labor costs incurred by staff operating the paper manifest processing center in conducting data key entry, QA, scanning, copying, and other manual or clerical functions necessary to process the data from paper manifest submissions into the e-Manifest system's data repository.
Operations and maintenance costs mean all system related costs incurred by EPA or its contractors after the activation of the e-Manifest system. Operations and Maintenance Costs include the costs of operating the electronic manifest information technology system and data repository, CROMERR Costs, Help Desk Costs, EPA Program Costs incurred after e-Manifest system activation, and the costs of operating the paper manifest processing center, other than the paper processing center's Marginal Labor Costs.
Paper manifest submissions mean submissions to the paper processing center of the e-Manifest system by facility owners or operators, of the data from the designated facility copy of a paper manifest, EPA Form 8700-22, or a paper Continuation Sheet, EPA Form 8700-22A. Such submissions may be made by mailing the paper manifests or continuation sheets, by submitting image files from paper manifests or continuation sheets in accordance with § 265.1311(b), or by submitting both an image file and data file in accordance with the procedures of § 265.1311(c).
System setup costs mean all system related costs, intramural or extramural, incurred by EPA prior to the activation of the e-Manifest system. Components of System Setup Costs include the procurement costs from procuring the development and testing of the e-Manifest system, and the EPA Program Costs incurred prior to e-Manifest system activation.
§ 265.1311 Manifest transactions subject to fees.
(a) Per manifest fee. Fees shall be assessed on a per manifest basis for the following manifest submission transactions:
(1) The submission of each electronic manifest that is electronically signed and submitted to the e-Manifest system by the owners or operators of receiving facilities, with the fee assessed at the applicable rate for electronic manifest submissions;
(2) The submission of each paper manifest submission to the paper processing center signed by owners or operators of receiving facilities, with the fee assessed according to whether the manifest is submitted to the system by mail, by the upload of an image file, or by the upload of a data file representation of the paper manifest; and
(3) The submission of copies of return shipment manifests by facilities that are rejecting hazardous wastes and returning hazardous wastes under return manifests to the original generator. This fee is assessed for the processing of the return shipment manifest(s), and is assessed at the applicable rate determined by the method of submission. The submission shall also include a copy of the original signed manifest showing the rejection of the wastes.
 (b) Image file uploads from paper manifests. Receiving facilities may submit image file uploads of completed, ink-signed manifests in lieu of submitting mailed paper forms to the e-Manifest system. Such image file upload submissions may be made for individual manifests received by a facility or as a batch upload of image files from multiple paper manifests received at the facility.
(1) The image file upload must be made in an image file format approved by EPA and supported by the e-Manifest system, and
(2) At the time of submission of an image file upload, a responsible representative of the receiving facility must make a CROMERR compliant certification that to the representative's knowledge or belief, the submitted image files are accurate and complete representations of the facility's received manifests, and that the facility acknowledges that it is obligated to pay the applicable per manifest fee for each manifest included in the submission.
(c) Data file uploads from paper manifests. Receiving facilities may submit data file representations of completed, ink-signed manifests in lieu of submitting mailed paper forms or image files to the e-Manifest system. Such data file submissions from paper manifests may be made for individual manifests received by a facility or as a batch upload of data files from multiple paper manifests received at the facility.
(1) The data file upload must be made in a data file format approved by EPA and supported by the e-Manifest system;
(2) The receiving facility must also submit an image file of each manifest that is included in the individual or batch data file upload; and
(3) At the time of submission of the data file upload, a responsible representative of the receiving facility must make a CROMERR compliant certification that to the representative's knowledge or belief, the data and images submitted are accurate and complete representations of the facility's received manifests, and that the facility acknowledges that it is obligated to pay the applicable per manifest fee for each manifest included in the submission.

§ 265.1312 User fee calculation methodology.
(a) The fee calculation formula or methodology that EPA will use initially to determine per manifest fees is as follows:
Feei = Marginal Costi+System Setup CostYears xNt+O&M CostNtx1+Indirect Cost FactorSystem Setup CostYears xNt+ Marginal Costi+O&M CostNtx1+Indirect Cost Factor

System Setup Cost=Procurement Cost+EPA Program Cost

O&M Cost=Electronic System O&M Cost+Paper Center O&M Cost+ Help Desk Cost+EPA Program Cost+CROMERR Cost + LifeCycle Cost to Modify or Upgrade eManfiest System Related Services

Where Feei represents the per manifest fee for each manifest submission type "i," and
Nt refers to the total number of manifests completed in a year.
(b)(1) If after four years of system operations, electronic manifest usage does not equal or exceed 75% of total manifest usage, EPA may transition to the following formula or methodology to determine per manifest fees:
Feei=Marginal Costi+System Setup CostYears x Nt+O&Mi CostNiSystem Setup CostYears x Nt+ Marginal Costi+O&Mi CostNix1+Indirect Cost Factor

System Setup Cost=Procurement Cost+EPA Program Cost

O&Mfully electronicCost=Electronic System O&M Cost+ Help Desk Cost+EPA Program Cost+CROMERR Cost + LifeCycle Cost to Modify or Upgrade eManfiest System Related Services

O&Mall otherCost= Electronic System O&M Cost+Paper Center O&M Cost+ Help Desk Cost+EPA Program Cost+CROMERR Cost + LifeCycle Cost to Modify or Upgrade eManfiest System Related Services

Ni refers to the total number of one of the four manifest submission types "i" completed in a year.

O&Mi Cost refers to the differential O&M Cost for each manifest submission type "i."
(2) At the completion of four years of system operations, EPA shall publish a notice:
(i) Stating the date upon which the fee formula set forth in paragraph (b)(1) of this section shall become effective; or
(ii) Stating that the fee formula in paragraph (b)(1) shall not go into effect under this section, and that the circumstances of electronic manifest adoption and the appropriate fee response shall be referred to the System Advisory Board for the Board's advice.

§ 265.1313 User fee revisions.

(a)(1) EPA will revise the fee schedules for e-Manifest submissions and related activities at two-year intervals, by utilizing the applicable fee calculation formula prescribed in § 265.1312 and the most recent program cost and manifest usage numbers.
(2) The fee schedules will be published to users through the e-Manifest program web site by July 1 of each odd numbered calendar year, and will cover the next two fiscal years beginning on October 1 of that year and ending on September 30 of the next odd numbered year.
(b) Inflation adjuster. The second year of each two-year fee schedule shall be adjusted for inflation by using the following adjustment formula:
   FeeiYear 2 = FeeiYear1 X (CPIYear2-2/CPIYear2-1), where
   FeeiYear2 is the Fee for each type of manifest submission "i" in Year 2 of the fee cycle,
   FeeiYear1 is the Fee for each type of manifest submission "i" in Year 1 of the fee cycle, and
   CPIYear2-2/CPIYear2-1 is the ratio of the CPI published for the year two years prior to Year 2 to the CPI for the year one year prior to Year 2 of the cycle.

(c) Revenue recovery adjusters. The fee schedules published at two-year intervals under this section shall include an adjustment to recapture revenue lost in the previous two-year fee cycle on account of imprecise estimates of manifest usage. This adjustment shall be calculated using the following adjustment formula to calculate a revenue recapture amount which will be added to O&M Costs in the fee calculation formula of § 265.1312:
   Revenue Recapturei = [(NiYear1 + NiYear2)Actual -  -- (NiYear1 + NiYear2)Est ] x Feei(Ave), where
   Revenue Recapturei is the amount of fee revenue recaptured for each type of manifest submission "i,"
   (NiYear1 + NiYear2)Actual -  -- (NiYear1 + NiYear2)Est is the difference between actual manifest numbers submitted to the system for each manifest type during the previous 2-year cycle, and the numbers estimated when we developed the previous cycle's fee schedule, and
   Feei(Ave) is the average fee charged per manifest type over the previous two-year cycle.

§ 265.1314 How to make user fee payments.
(a) All fees required by this subpart shall be paid by the owners or operators of the receiving facility in response to an electronic invoice or bill identifying manifest-related services provided to the user during the previous month and identifying the fees owed for the enumerated services.
(b) All fees required by this subpart shall be paid to EPA by the facility electronically in U.S. dollars, using one of the electronic payment methods supported by the Department of the Treasury's Pay.gov online electronic payment service, or any applicable additional or successor online electronic payment service offered by the Department of Treasury.
(c) All fees for which payments are owed in response to an electronic invoice or bill must be paid within 30 days of the date of the invoice or bill.

§ 265.1315 Sanctions for delinquent payments.
(a) Interest. In accordance with 31 U.S.C. 3717(a)(1), delinquent e-Manifest user fee accounts shall be charged a minimum annual rate of interest equal to the average investment rate for Treasury tax and loan accounts (Current Value of Funds Rate or CVFR) for the 12-month period ending September 30[th] of each year, rounded to the nearest whole percent.
(1) E-Manifest user fee accounts are delinquent if the accounts remain unpaid after the due date specified in the invoice or other notice of the fee amount owed.
(2) Due dates for invoiced or electronically billed fee amounts shall be 30 days from the date of the electronic invoice or bill.
(b) Financial penalty. (2) Due dates for invoiced or electronically billed fee amounts shall be 30 days from the date of the electronic invoice or bill.
(b) Financial penalty. In accordance with 31 U.S.C. 3717(e), e-Manifest user fee accounts that are more than 90 days past due (i.e., not paid by date 120 days from date of invoice) shall be charged an additional penalty of 6% per year assessed on any part of the debt that is past due for more than 90 days, plus any applicable processing and handling charges.
 (c) Compliance with manifest perfection requirement. A manifest is fully perfected when:
(1) The manifest has been submitted by the owner or operator of a receiving facility to the e-Manifest system, as either an electronic submission or a paper manifest submission; and
(2) All user fees arising from the submission of the manifest have been fully paid.
§ 265.1316 Informal fee dispute resolution.
(a) Users of e-Manifest services that believe their invoice or charges to be in error must present their claims for fee dispute resolution informally using the process described in this section.
(b) Users asserting a billing dispute claim must first contact the system's billing representatives by phone or email at the phone number or email address provided for this purpose on the e-Manifest program's website or other customer services directory.
(1) The fee dispute claimant must provide the system's billing representatives with information identifying the claimant and the invoice(s) that are affected by the dispute, including:
  The claimant's name, and the facility at which the claimant is employed;
 The EPA Identification Number of the affected facility;
 The date, invoice number, or other information to identify the particular invoice(s) that is the subject of the dispute; and
(iv) A phone number or email address where the claimant can be contacted.
 The fee dispute claimant must provide the system's billing representatives with sufficient supporting information to identify the nature and amount of the fee dispute, including:
(i) If the alleged error results from the types of manifests submitted being inaccurately described in the invoice, the correct description of the manifest types that should have been billed;
(ii) If the alleged error results from the number of manifests submitted being inaccurately described in the invoice, the correct description of the number of manifests that should have been billed;
(iii) If the alleged error results from a mathematical error made in calculating the amount of the invoice, the correct fee calculations showing the corrected fee amounts; and
(iv) Any other information from the claimant that explains why the invoiced amount is in error and what the fee amount invoiced should be if corrected.
(3) EPA's system billing representatives must respond to billing dispute claims made under this section within ten days of receipt of a claim. In response to a claim, the system's billing representative will:
(i) State whether the claim is accepted or rejected, and if accepted, the response will indicate the amount of any fee adjustment that will be refunded or credited to the facility; and
(ii) If a claim is rejected, then the response shall provide a brief statement of the reasons for the rejection of the claim and advise the claimant of their right to appeal the claim to the Office Director for the Office of Resource Conservation and Recovery.
(c) Fee dispute claimants that are not satisfied by the response to their claim from the system's billing representatives may appeal their claim and initial decision to the Office Director for the Office of Resource Conservation and Recovery.
(1) Any appeal from the initial decision of the system's billing representatives must be taken within 10 days of the initial decision of the system's billing representatives under paragraph (b) of this section.
(2) The claimant shall provide the Office Director with the claim materials submitted to the system's billing representatives, the response provided by the system's billing representatives to the claim, and a brief written statement by the claimant explaining the nature and amount of the billing error, explaining why the claimant believes the decision by the system's billing representatives is in error, and why the claimant is entitled to the relief requested on its appeal.
(3) The Office Director shall review the record presented to him or her on an appeal under this paragraph, and shall determine whether the claimant is entitled to relief from the invoice alleged to be in error, and if so, shall state the amount of the recalculated invoice and the amount of the invoice to be adjusted.
(4) The decision of the Office Director an any appeal brought under this section is final and non-reviewable.

PART 271 -- REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS
      17. The authority section for part 271 is revised to read as follows:
Authority: 42 U.S.C. 6905, 6912(a), 6926, and 6939g.
	18. Section 271.3 is amended by revising paragraph (b)(4) to read as follows:
§ 271.3 Availability of final authorization.
(b)	*	*	*
(4) Any requirement imposed under the authority of the Hazardous Waste Electronic Manifest Establishment Act:
(i) Shall take effect in each State having a finally authorized State program on the same date as such requirement takes effect in other States;
(ii) Shall supersede any less stringent or inconsistent provision of a State program; and
(iii) Shall be carried out by the Administrator in an authorized state except where, pursuant to section 3006(b) of RCRA, the State has received final authorization to carry out the requirement in lieu of the Administrator.
*	*	*	*	*

      19. Section 271.12 is amended by revising paragraph (i) and by adding paragraph (k) to read as follows:
§ 271.12 Requirements for hazardous waste management facilities.
*	*	*	*	*
(i) Compliance with the manifest system including the requirement that facility owners or operators return a signed copy of the manifest:
(1) To the generator to certify delivery of the hazardous waste shipment or to identify discrepancies;
(2) To the EPA's e-Manifest system, in lieu of submitting a signed facility copy directly to either the origination state or the destination state; and
(3) After listing the relevant consent number from consent documentation supplied by EPA to the facility for each waste listed on the manifest, matched to the relevant list number for the waste from Item 9b, to EPA using the allowable methods listed in 40 CFR 262.84(b)(1) until the facility can submit such a copy to the e-Manifest system per 40 CFR 264.71(a)(2)(v) and 265.71(a)(2)(v).
*	*	*	*	*
(k) Requirements for owners or operators of facilities to pay user fees to EPA to recover EPA's costs related to the development and operation of an electronic hazardous waste manifest system, in the amounts specified by the user fee methodology included in Subpart FF of 40 CFR parts 264 and 265, for all paper and electronic manifests submitted to the e-Manifest system.


[Federal Register Volume 84, Number 147 (Wednesday, July 31, 2019)]
[Proposed Rules]
[Pages 37228-37229]
[FR Doc No: 2019-16331]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Chapter III, Subchapter B

[Docket No. FMCSA-2018-0037]

Safe Integration of Automated Driving Systems-Equipped Commercial
Motor Vehicles

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Advance notice of proposed rulemaking; extension of comment
period.

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
extends the comment period for its May 28, 2019, advance notice of
proposed rulemaking (ANPRM) and its May 31, 2019 correction notice
concerning Federal Motor Carrier Safety Regulations that may need to be
amended, revised, or eliminated to facilitate the safe introduction of
automated driving systems equipped commercial motor vehicles onto our
Nation's roadways. FMCSA received a request for an extension to the
comment period from the American Trucking Associations and the U.S.
Chamber of Commerce's Technology Engagement Center. The Agency believes
it is appropriate to extend the comment period to provide interested
parties additional time to submit their responses to the ANPRM.
Therefore, the Agency extends the deadline for the submission of
comments for 30 days.

DATES: The comment period for the ANPRM published May 28, 2019, at 84
FR 24449, and corrected on May 31, 2019, at 84 FR 25229, is extended by
30 days. Comments must be received on or before August 28, 2019.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2018-0037 using any of the
following methods:
     Federal eRulemaking Portal: https://www.regulations.gov/docket?D=FMCSA-2018-0037. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Mr. Michael Huntley, Division Chief,
Vehicle and Roadside Operations, Office of Carrier, Driver, and Vehicle
Safety, MC-PSV, Federal Motor Carrier Safety Administration, 1200 New
Jersey Avenue SE, Washington, DC 20590-0001<EMAIL_ADDRESS>
(202) 366-9209. If you have questions on viewing or submitting material
to the docket, contact Docket Services,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

A. Submitting Comments

    If you submit a comment, please include the docket number for this
ANPRM (Docket No. FMCSA-2018-0037), indicate the specific section of
the ANPRM to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online or by fax, mail, or hand delivery, but please use only one of
these means. FMCSA recommends that you include your name and a mailing
address, an email address, or a phone number in the body of your
document so that FMCSA can contact you if there are questions regarding
your submission. To submit your comment online, go to https://www.regulations.gov/docket?D=FMCSA-2018-0037. Click on the ``Comment
Now!'' button and type your comment into the text box on the following
screen. Choose whether you are submitting your comment as an individual
or on behalf of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in the ANPRM
as being available in the docket, go to https://www.regulations.gov/docket?D=FMCSA-2018-0037 and choose the document to review. If you do
not have access to the internet, you may view the docket online by
visiting the Docket Management Facility in Room W12-140 on the ground
floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington,
DC 20590, between 9 a.m. and 5 p.m., ET, Monday through Friday, except
Federal holidays.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

II. Background

    The May 2019 ANPRM (84 FR 24449) requested public comment on 10
subject areas: Whether the FMCSRs require a human driver; commercial
driver's license endorsements; drivers' hours of service rules; medical
qualifications for human operators; distracted driving and monitoring;
safe driving and drug and alcohol testing; inspection, repair, and
maintenance; roadside inspections; cybersecurity; and confidentiality
of shared information.
    The comment period for the ANPRM was set to expire on July 29,
2019. FMCSA received a request to extend the comment period from the
American Trucking Associations and the U.S. Chamber of Commerce's
Technology Engagement Center. A copy of the request, which was not
filed in the docket, has been placed in the docket for this rulemaking.
    ATA and C_TEC requested a 30-day extension of the comment period,
stating that the additional time was needed to coordinate with and
gather information from members and more usefully respond to the
detailed questions posed in the ANPRM.
    FMCSA believes that other potential commenters to this ANPRM will
benefit from an extension as well. Accordingly, FMCSA extends the
comment period for all comments on the ANPRM to August 28, 2019.
    Issued under authority delegated in 49 CFR 1.87.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-16331 Filed 7-26-19; 4:15 pm]
 BILLING CODE 4910-EX-P


[Federal Register Volume 84, Number 58 (Tuesday, March 26, 2019)]
[Notices]
[Pages 11381-11382]
[FR Doc No: 2019-05809]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE: Notice is hereby given, pursuant to the provisions of
the Government in Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission Investor Advisory Committee will hold a meeting
on Thursday, March 28, 2019 at 9:00 a.m. (ET).

PLACE: The meeting will be held in Multi-Purpose Room LL-006 at the
Commission's headquarters, 100 F Street NE, Washington, DC 20549.

STATUS: This meeting will begin at 9:00 a.m. (ET) and will be open to
the public. Seating will be on a first-come, first-served basis. Doors
will open at 8:30 a.m. Visitors will be subject to security checks. The
meeting will be webcast on the Commission's website at www.sec.gov.

MATTERS TO BE CONSIDERED: On March 8, 2019, the Commission issued
notice of the Committee meeting (Release No. 33-10611), indicating that
the meeting is open to the public (except during that portion of the
meeting reserved for an administrative work session during lunch), and
inviting the public to submit written comments to the Committee. This
Sunshine Act notice is being issued because a quorum of the Commission
may attend the meeting.
    The agenda for the meeting includes: Welcome remarks; a discussion
regarding stock exchanges and, specifically, investor protection under
the modern exchange regulatory structure; a discussion regarding
disclosures on human capital (which may include a recommendation from
the Investor as Owner subcommittee); a discussion regarding trends in
investment research and potential regulatory implications; subcommittee
reports; and a nonpublic administrative work session during lunch.

CONTACT PERSON FOR MORE INFORMATION: For further information and to
ascertain what, if any, matters have been added, deleted or postponed;
please contact Vanessa A. Countryman from the Office of the Secretary
at<PHONE_NUMBER>.

    Dated: March 20, 2019.
Vanessa A. Countryman,
Acting Secretary.
[FR Doc. 2019-05809 Filed 3-22-19; 11:15 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 92 (Thursday, May 12, 2016)]
[Rules and Regulations]
[Page 29498]
[FR Doc No: 2016-11231]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2016-0304]

Security Zone; Portland Rose Festival on Willamette River

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the security zone for the
Portland Rose Festival on the Willamette River in Portland, OR from 11
a.m. on June 9, 2016, through noon on June 13, 2016. This action is
necessary to ensure the security of vessels participating in the 2016
Portland Rose Festival on the Willamette River during the event. Our
regulation for the Security Zone Portland Rose Festival on Willamette
River identifies the regulated area. During the enforcement period, no
person or vessel may enter or remain in the security zone without
permission from the Sector Columbia River Captain of the Port.

DATES: The regulations in 33 CFR 165.1312 will be enforced from 11 a.m.
on June 9, 2016, through noon on June 13, 2016.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email Mr. Kenneth Lawrenson, Waterways
Management Division, MSU Portland, Oregon, U.S. Coast Guard; telephone
503-240-9319, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the security
zone for the Portland Rose Festival detailed in 33 CFR 165.1312 from 11
a.m. on June 9, 2016, through noon on June 13, 2016. This action is
necessary to ensure the security of vessels participating in the 2016
Portland Rose Festival on the Willamette River during the event. Under
the provisions of 33 CFR 165.1312 and 33 CFR 165 subpart D, no person
or vessel may enter or remain in the security zone, consisting of all
waters of the Willamette River, from surface to bottom, encompassed by
the Hawthorne and Steel Bridges, without permission from the Sector
Columbia River Captain of the Port. Persons or vessels wishing to enter
the security zone may request permission to do so from the on scene
Captain of the Port representative via VHF Channel 16 or 13. The Coast
Guard may be assisted by other Federal, State, or local enforcement
agencies in enforcing this regulation.
    This notice of enforcement is issued under authority 33 CFR
165.1312 and 5 U.S.C. 552 (a). In addition to this notice of
enforcement in the Federal Register, the Coast Guard plans to provide
notification of this enforcement period via the Local Notice to
Mariners and marine information broadcasts.

    Dated: April 12, 2016.
D. F. Berliner,
Captain, U.S. Coast Guard, Acting Captain of the Port, Sector Columbia
River.
[FR Doc. 2016-11231 Filed 5-11-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: August 1, 2007 (Volume 72, Number 147)]
[Notices]
[Page 42139-42141]
[DOCID:fr01au07-118]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56134; File No. SR-CTA-2007-01]

Consolidated Tape Association; Notice of Filing of the Ninth
Charges Amendment to the Second Restatement of the Consolidated Tape
Association Plan

July 25, 2007.
    Pursuant to section 11A of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 608 thereunder,\2\

notice is hereby given that on July 20, 2007, the Consolidated Tape
Association (``CTA'') Plan Participants (``Participants'') \3\ filed
with the Securities and Exchange Commission (``SEC'' or ``Commission'')
a proposal to amend the Second Restatement of the CTA Plan (the
``Plan'').\4\ The proposal represents the ninth charges amendment to
the Plan (``Ninth Charges Amendment'') and reflects changes unanimously
adopted by the Participants. The proposed amendment would impose a
limit on the maximum amount that any entity is required to pay for any
calendar month's charge for broadcast, cable or satellite television
distribution of a Network A ticker. The Commission is publishing this
notice to solicit comments from interested persons on the proposed
Ninth Charges Amendment to the Plan.
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    \1\ 15 U.S.C. 78k-1.
    \2\ 17 CFR 242.608.
    \3\ Each Participant executed the proposed amendment. The
Participants are the American Stock Exchange LLC; Boston Stock
Exchange, Inc.; Chicago Board Options Exchange, Inc.; Chicago Stock
Exchange, Inc.; International Securities Exchange, LLC; The NASDAQ
Stock Market LLC; National Association of Securities Dealers, Inc.;
National Stock Exchange, Inc.; New York Stock Exchange LLC.; NYSE
Arca, Inc.; and Philadelphia Stock Exchange, Inc.
    \4\ The proposal was originally filed on June 19, 2007. However,
it was refiled on July 20, 2007, to reflect technical revisions made
in response to the Commission's staff comments.
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I. Rule 608(a)

A. Description and Purpose of the Amendment

    The Plan currently imposes a charge of $2.00 for every 1,000
households reached on broadcast, cable and satellite television
distribution of a Network A ticker (the ``Broadcast Charge''). A
minimum monthly vendor payment of $2,000 applies. CTA permits prorating
for those who broadcast the data for less than the entire business day,
based upon the number of minutes that the vendor displays the real-time
ticker, divided by the number of minutes the primary market is open for
trading (currently 390 minutes).
    The Ninth Charges Amendment proposes to cap the Broadcast Charge by
providing that no entity is required to pay more than the ``Television
Ticker Maximum'' for any calendar month. For months falling in calendar
year 2007, the Participants propose that the monthly ``Television
Ticker Maximum'' shall be $150,000. For each subsequent calendar year,
the monthly Television Ticker Maximum would increase by the ``Annual
Increase Amount.''
    The ``Annual Increase Amount'' is an amount equal to the percentage
increase in the annual composite share volume for the preceding
calendar year, subject to a maximum annual increase of five percent.
The ``Annual Increase Amount'' is the same adjustment factor that the
Network A rate schedule has long applied to the monthly broker-dealer
enterprise fee.

B. Additional Information Required by Rule 608(a)

1. Governing or Constituent Documents
    Not applicable.
2. Implementation of the Amendment
    The Participants have notified the vendors that would be affected
by the proposed amendment. The Participants propose to apply the
monthly maximum amount that any entity is required to pay for any
calendar month's Broadcast Charge retroactively to May 1, 2007.
3. Development and Implementation Phases
    See Item I(B)(2) above.
4. Analysis of Impact on Competition
    The amendment will impose no burden on competition.
5. Written Understanding or Agreements relating to Interpretation of,
or Participation in, Plan
    The Participants have no written understandings or agreements
relating to interpretation of the Plan as a result of the amendment.
6. Approval by Sponsors in Accordance With Plan
    Under Section IV(b) of the Plan, each Plan Participant must execute
a written amendment to the Plan before the amendment can become
effective. The amendment is so executed.
7. Description of Operation of Facility Contemplated by the Proposed
Amendment
a. Terms and Conditions of Access
    Not applicable.
b. Method of Determination and Imposition, and Amount of, Fees and
Charges
    The Participants believe that the proposed cap on Broadcast Charges
is fair and reasonable and provides for an equitable allocation of
dues, fees, and other charges among vendors, data recipients and other
persons using CTA Network A facilities.
c. Method of Frequency of Processor Evaluation
    Not applicable.
d. Dispute Resolution
    Not applicable.

II. Rule 601(a)

A. Equity Securities for Which Transaction Reports Shall be Required by
the Plan.

    Not applicable.

B. Reporting Requirements

    Not applicable.

C. Manner of Collecting, Processing, Sequencing, Making Available and
Disseminating Last Sale Information

    Not applicable.

D. Manner of Consolidation

    Not applicable.

E. Standards and Methods Ensuring Promptness, Accuracy and Completeness
of Transaction Reports

    Not applicable.

F. Rules and Procedures Addressed to Fraudulent or Manipulative
Dissemination

    Not applicable.

G. Terms of Access to Transaction Reports

    The Network A Participants and the vendors that the proposed
amendment would affect have already entered into the Network A
Participants' standard form of agreement. No new terms of access will
apply, other than the cap on the Broadcast Charge.

H. Identification of Marketplace Execution

    Not applicable.

III. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed
Ninth Charges Amendment 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-CTA-2007-01 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-CTA-2007-01. 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 Plan amendment that are filed with the
Commission, and all written communications relating to the Plan
amendment 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, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the Plan amendment also will be available for
inspection and copying at the principal office of the CTA. 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-CTA-2007-01 and should be
submitted on or before August 22, 2007.
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    \5\ 17 CFR 200.30-3(a)(27).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\5\
Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-14839 Filed 7-31-07; 8:45 am]

BILLING CODE 8010-01-P


Proposed Rule on Conventional Pesticides ( 40 CFR Part 158)

May 3 4, 2005 Holiday Inn Rosslyn 1900 N. Fort Myer Drive Arlington, VA 22209 Environmental Fate and Effects Division Environmental Fate Data Requirements Office of Pesticide Programs U. S. Environmental Protection Agency May 4, 2005 3 Purpose of Fate and Transport Assessments

Where and how does the pesticide move in the environment   major routes of dissipation.

How long will it persist?

What degradation products are produced and in what quantities?

How much parent and/ or degradate is likely to reach ground water and/ or surface water? 4 Laboratory Studies:

Degradation  835.2120 Hydrolysis  835.2240 Photodegradation in Water  835.2410 Photodegradation on Soil  835.2370 Photodegradation in Air 5 Laboratory Studies Metabolism  835.4100 Aerobic Soil Metabolism  835.4200 Anaerobic Soil Metabolism  835.4400 Anaerobic Aquatic Metabolism  835.4300 Aerobic Aquatic Metabolism 6 Laboratory Studies Mobility and Bioaccumulation  835.1240 Batch Equilibrium  835.1230 Soil Column Leaching  835.1410 Laboratory Volatility  850.1730 Accumulation in Fish 7 Field Studies  835.8100 Field Volatility  835.6100 Terrestrial Field Dissipation  835.6200 Aquatic Field Dissipation  835.6300 Forest Field Dissipation  850.1950 Bioaccumulation in Aquatic Non

Target Organisms  835.7100 Prospective Groundwater Monitoring 8 Summary  No new tests  Codify current practices  Evolving science, FIFRA, FQPA  Peer review and public participation on significant changes  Clarify test notes  Update " required" versus " conditionally required"

based on risk assessment experience 9 Review of Laboratory Fate Studies 10 Hydrolysis Studies [ 835.2120]

 Purpose: To establish the significance of chemical hydrolysis as a route for degradation of a pesticide and to identify the hydrolytic products formed.

 What happens to the pesticide under acidic, neutral, and alkaline environments?

 Required ( R) for all use patterns except indoor where it is conditionally required ( CR) 11 What's Changed?

Proposed to be conditionally required ( CR)

for indoor uses

May be required to support products for indoor uses for which environmental exposure is likely

Longstanding practice PHOTODEGRADATION Aqueous Photolysis ( 835.2240)

Soil Photolysis ( 835.2410)

Air Photolysis ( 835.2370) 13 Purpose of Photodegradation Studies

Potential to degrade in water, soil, or air when exposed to sunlight

Data on the identity, formation, and persistence of photoproducts 14 What's Changed?

 Photodegradation in Water   Proposed new test note   " Not required when the electronic absorption spectra, measured at pHs 5,

7, and 9, of the chemical and its hydrolytic products, if any, show no absorption or tailing between 290 and 800 nm."

  Longstanding practice  Photodegradation on Soil   Proposed R for terrestrial and forestry uses Previously was CR   Longstanding practice 15 What's Changed?

Photodegradation in Air   Adding conditional requirement for greenhouse,

forestry, and residential outdoor uses   New test note   " In view of methodological difficulties with the study, prior consultation with the Agency regarding the protocol is recommended before the test is performed." 16 Soil and Aquatic Metabolism Studies Aerobic Soil Metabolism ( 835.4100)

Anaerobic Soil Metabolism ( 835.4200)

Anaerobic Aquatic Metabolism ( 835.4400)

Aerobic Aquatic Metabolism ( 835.4300) 17 Purpose: To Provide Information On...

 Microbial degradation in soil and water systems  Measure rate transformation of parent compound  Provide information on the formation/ decline of degradation products  Exposure model inputs 18 What's Changed for Aerobic Soil Metabolism?

Expanded to require for aquatic food and nonfood crop uses for aquatic sites that are intermittently dry

Conditionally required

Presented to the SAP in 1994 19 When is the Anaerobic Soil Metabolism Study Required and What's Changed?

Required ( R) for all terrestrial uses

Missing from current CFR due to a printing error 20 What's Changed for Anaerobic Aquatic Metabolism?

Proposed required ( R) for terrestrial uses

Advances in ecological risk assessment and drinking water assessments 21 What's Changed for Aerobic Aquatic Metabolism?

Proposed required ( R) for terrestrial and forestry uses

Advances in ecological risk assessment and drinking water assessments 22 Mobility Studies Batch Equilibrium ( 835.1240)

Soil Column Leaching ( 835.1230) 23 Purpose

Will give an indication of how fast a dissolved compound will move relative to the movement of water

Describes the distribution of pesticide between water and soil at equilibrium

Needed for inputs to exposure models

No changes are proposed 24 Laboratory Volatility ( 835.1410) 25 Purpose of the Laboratory Volatility Studies and What's Changed

Determine amount and rate of volatilization under controlled conditions

When Required   Conditionally required ( CR) for terrestrial and greenhouse uses   not required when vapor pressure < 10 6 mmHg

No changes are proposed 26 Laboratory Studies of Pesticide Accumulation in Fish 850.1730 27 Purpose of the Accumulation in Fish Study

Determine if pesticide residues accumulate in fish used as human food sources

Determine the extent of pesticides in edible portions of such fish

Data provides information on ecological food chain exposure 28 What's Changed?

Clarified test note about conditions for when the study is required 29 Integrating Fate Data Integrating Fate Data Building a Conceptual Model 30 The Conceptual Model

Hypothesis developed using assumptions derived from the laboratory data

Since lab studies evaluate specific fate and transport properties individually, they allow for the development of a conceptual model that includes only those processes that are significant. 31 The Conceptual Model

Field studies provide the primary mechanism for testing and refining the hypothesis.

Field studies give site specific information on the fate and transport of a pesticide and its degradates under actual use conditions. 32 Field Studies

835.6100 Terrestrial Field Dissipation

835.6200 Aquatic ( sediment) Dissipation

835.6300 Forestry Dissipation

835.6400 Combination and Tank Mixes

850.1950 Accumulation in Aquatic Nontarget Organisms 33 Important

Dissipation in the field is NOT the same as degradation of the pesticide in individual laboratory studies

Dissipation in the field results from interaction of multiple processes at work in the entire soil and/ or water system 34 Dissipation can result from any one process or combination of the following processes

Applied Pesticide Foliar Interception & Dissipation Washoff Plant Uptake Volatilization Transformations microbial chemical Sorption /

Retention Leaching Surface Runoff Lateral Flow Spray Drift Tile Drainage 35 How Do We Use Field Studies?

 Data from field studies can provide more realistic estimates of the persistence and transport of an active ingredient and its degradates  Can reduce potential overestimation of exposure and risk and can confirm assumptions of low levels of toxic degradates  Results can be used to propose scenario specific effective risk mitigation 36 Terrestrial Field Dissipation ( 835.6100) 37 What's Changed?

Expanded conditional requirement to include aquatic sites that are intermittently dry

Merged with the long term field dissipation study

Added independent laboratory validation of analytical methods 38 Aquatic Field Dissipation Studies ( 835.6200)

 Similar scientific issues as the terrestrial field dissipation study  Required for pesticides with aquatic uses  Conditionally required ( CR) for terrestrial uses based on potential for aquatic exposure and if pesticide residues have the potential for persistence, mobility,

non target aquatic toxicity, or bioaccumulation 39 What's Changed?

Expanded conditional requirement to include terrestrial uses

Clarified conditions for when study is required

Added independent laboratory validation of analytical methods 40 Forestry Dissipation ( 835.6300) 41 What's Changed?

Changed from " required" to " conditionally required"

Added independent laboratory validation of analytical methods 42 Field Volatility ( 835.8100) 43 Field Accumulation in Aquatic Non Target Organisms ( 850.1950) 44 Prospective Groundwater Monitoring ( 835.7100) 45 PGW Study

Generally triggered by drinking water concern ( FQPA)

Conditionally required ( CR) for terrestrial and forestry uses 46 Summary  No new tests  Codify current practices  Evolving science, FIFRA, FQPA  Peer review and public participation on significant changes  Clarify test notes  Update " required" versus " conditionally required"

based on risk assessment experience