[Federal Register Volume 80, Number 233 (Friday, December 4, 2015)]
[Rules and Regulations]
[Pages 75812-75817]
[FR Doc No: 2015-30677]

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ENVIRONMENTAL PROTECTION AGENCY

 40 CFR Parts 9 and 721

[EPA-HQ-OPPT-2014-0390; FRL-9939-20]
RIN 2070-AB27

Significant New Use Rule on Certain Chemical Substances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing significant new use rules (SNURs) under the
Toxic Substances Control Act (TSCA) for 29 chemical substances that
were the subject of premanufacture notices (PMNs). This action requires
persons who intend to manufacture (including import) or process any of
the chemical substances for an activity that is designated as a
significant new use by this rule to notify EPA at least 90 days before
commencing that activity. The required notification would provide EPA
with the opportunity to evaluate the intended use and, if necessary, to
prohibit or limit the activity before it occurs.

DATES: This final rule is effective February 2, 2016.

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPPT-2014-0390, is available at
http://www.regulations.gov or at the Office of Pollution Prevention and
Toxics Docket (OPPT Docket), Environmental Protection Agency Docket
Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OPPT Docket is (202) 566-
0280. Please review the visitor instructions and additional information
about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For technical information contact:
Kenneth Moss, Chemical Control Division (7405M), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number:
(202) 564-9232; email address<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Does this action apply to me?

    You may be potentially affected by this action if you manufacture,
process, or use the chemical substances contained in this proposed
rule. The following list of North American Industrial Classification
System (NAICS) codes is not intended to be exhaustive, but rather
provides a guide to help readers determine whether this document
applies to them. Potentially affected entities may include:
     Manufacturers (including importers) or processors of one
or more subject chemical substances (NAICS codes 325 and 324110), e.g.,
chemical manufacturing and petroleum refineries.
    This action may also affect certain entities through pre-existing
import certification and export notification rules under TSCA. Chemical
importers are subject to the TSCA section 13 (15 U.S.C. 2612) import
certification requirements promulgated at 19 CFR 12.118 through 12.127
and 19 CFR 127.28. Chemical importers must certify that the shipment of
the chemical substance complies with all applicable rules and orders
under TSCA. Importers of chemicals subject to these SNURs must certify
their compliance with the SNUR requirements. The EPA policy in support
of import certification appears at 40 CFR part 707, subpart B. In
addition, any persons who export or intend to export a chemical
substance to a proposed or final rule are subject to the export
notification provisions of TSCA section 12(b) (15 U.S.C. 2611(b)) (see
Sec.  [emsp14]721.20), and must comply with the export notification
requirements in 40 CFR part 707, subpart D.

II. Background

A. What action is the Agency taking?

    EPA is finalizing SNURs, under TSCA section 5(a)(2), for 29
chemical substances that were the subject of PMNs. This final rule
requires persons who intend to manufacture or process any of these
chemical substances for an activity that is designated as a significant
new use to notify EPA at least 90 days before commencing that activity.
    In the Federal Register of October 27, 2014 (79 FR 63821) (FRL-
9914-56), EPA issued a direct final SNUR for 30 chemical substances.
EPA received notice of intent to submit adverse comments for the direct
final SNUR. In response to that notification a rule was proposed for
the chemical substances in the Federal Register of June 10, 2015 (80 FR
32879) (FRL-9927-60). EPA is not finalizing one of the proposed SNURs,
as described below.
    For the substance submitted as PMN P-14-72, EPA received a comment
from the PMN submitter requesting review of a screening hydrolysis
study on the PMN substance (Organisation for Economic Co-operation and
Development (OECD) Test Guideline 111). The commenter suggested that
this study would aid in understanding the fate of the chemical
substance and lead to a decision by EPA to rescind the significant new
use designation of a 3 parts per billion (ppb) surface water
concentration limit contained in that proposed SNUR. EPA completed its
review and has determined that while the study satisfies the screening
level stage of the OECD 111 test protocol, it is not the full OECD 111
study as it does not measure the hydrolysis products of the PMN
chemical substance. The purpose of OECD 111 is to determine (1) the
rate of hydrolysis of the test substance as a function of pH and (2)
the identity or nature and rates of formation and decline of hydrolysis
products to which organisms may be

exposed. This test guideline is designed as a tiered approach which is
shown and explained in the guideline. Each tier is triggered by the
results of the previous tier.
    As stated in the proposed rule, EPA determined that the results of
a ready biodegradability test with product-specific chemical analytics
to validate the degradation products (including intermediate products)
and the rates of degradation (including intermediate degradation rates)
and a hydrolysis as a function of pH and temperature test would help
characterize the environmental effects of the PMN substance P-14-72.
Without additional data identifying the hydrolysis products EPA
continues to have concerns for toxicity at surface water concentrations
as low as 3 ppb. As a result, EPA is finalizing the SNUR as proposed
and has determined that additional information is still necessary in
order to determine whether or to what extent hydrolysis products may be
of concern to aquatic organisms, which was the basis for the original
direct final SNUR of October 27, 2014. Tier 3 of OECD Test Guideline
111, the identification of hydrolysis products, could be conducted to
better understand those products. The results of this full hydrolysis
study on PMN substance P-14-72 would then inform the need for further
recommended testing, including aquatic toxicity or ready
biodegradability testing.
    EPA received comments from the PMN submitter of the remaining 28
chemicals in the proposed rule. These chemicals were submitted as three
consolidated PMNs: P-14-89 through P-14-92, P-14-158, P-14-159, P-14-
161, P-14-162, P-14-163, P-14-173, P-14-175 through P-14-188, and P-14-
190 through P-14-193. The commenter stated that the Agency had changed
its regulatory decision on these PMN substances in an arbitrary and
capricious manner, from a SNUR with the significant new use defined as
uses other than as described in the PMNs to one with the significant
new use defined as any release of the PMN substances to surface waters
resulting in the quotient from the equation provided in 40 CFR 721.90
exceeding a certain surface water concentration listed in the SNUR.
Further, the commenter claimed that a SNUR for water releases (or a
limit on water concentration) presents an analytical and record-keeping
burden on customers for the intended PMN end uses of mineral flotation
products and surfactants in asphalt emulsions that will cause the
customers to instead select other less-environmentally beneficial
products. The PMN submitter cited its practice of environmentally-
beneficial reuse and recycling in the manufacture of these PMN
substances starting with byproducts and other waste streams from
industrial processes. The commenter also noted that there is no
incentive to conduct any testing to address the Agency's aquatic
toxicity concerns, because the PMN substances are expected to exhibit
some aquatic toxicity and such results may only result in an adjustment
of the water concentration levels while the analytical and record-
keeping burden remains.
    EPA examined the comments on these 28 chemicals and has decided to
modify the proposed SNURs. EPA has determined that any manufacturing,
processing or use of the substances excluding uses as described in the
PMNs may result in surface water concentrations exceeding the listed
concentrations of concern, which may result in significant adverse
environmental effects. Because (1) the potential benefits from use of
low-value byproduct waste streams to produce the PMN substances and (2)
the Agency has determined that the uses described in the PMNs are not
expected to result in significant releases exceeding the listed
concentrations of concern, EPA is finalizing the SNURs on these 28
chemicals to limit the significant new use to use other than as
described in the PMNs where the use is as a surfactant in asphalt
emulsions (for P-14-89 through P-14-92); additives in mineral flotation
products and as chemical intermediates (for P-14-158, P-14-159, P-14-
161, P-14-162, P-14-163); or flotation additives in mineral processing
(for P-14-173, P-14-175 through P-14-188, and P-14-190 through P-14-
193). In addition, this final rule retains the significant new use of
where the surface water concentrations described under the significant
new uses in a new paragraph (a)(3)(i) are exceeded, but these water
release concentrations only apply for uses other than as described in
the PMNs and mentioned in the previous sentence.
    EPA also received comments on the proposed SNUR for the chemical
substance that is the subject of PMN P-13-793. EPA is deferring action
on that substance to a later date, and intends to respond to those
comments and issue a final SNUR at that time.

B. What is the Agency's authority for taking this action?

    Section 5(a)(2) of TSCA (15 U.S.C. 2604(a)(2)) authorizes EPA to
determine that a use of a chemical substance is a ``significant new
use.'' EPA must make this determination by rule after considering all
relevant factors, including the four bulleted TSCA section 5(a)(2)
factors, listed in Unit IV. of this rule. Once EPA determines that a
use of a chemical substance is a significant new use, TSCA section
5(a)(1)(B) requires persons to submit a significant new use notice
(SNUN) to EPA at least 90 days before they manufacture or process the
chemical substance for that use. Persons who must report are described
in Sec.  721.5.

C. Applicability of General Provisions

    General provisions for SNURs appear in 40 CFR part 721, subpart A.
These provisions describe persons subject to the rule, recordkeeping
requirements, exemptions to reporting requirements, and applicability
of the final rule to uses occurring before the effective date of the
final rule. Provisions relating to user fees appear at 40 CFR part 700.
According to Sec.  [emsp14]721.1(c), persons subject to these SNURs
must comply with the same SNUN requirements and EPA regulatory
procedures as submitters of PMNs under TSCA section 5(a)(1)(A). In
particular, these requirements include the information submission
requirements of TSCA section 5(b) and 5(d)(1), the exemptions
authorized by TSCA section 5(h)(1), (h)(2), (h)(3), and (h)(5), and the
regulations at 40 CFR part 720. Once EPA receives a SNUN, EPA may take
regulatory action under TSCA section 5(e), 5(f), 6, or 7 to control the
activities for which it has received the SNUN. If EPA does not take
action, EPA is required under TSCA section 5(g) to explain in the
Federal Register its reasons for not taking action.

III. Rationale and Objectives of the Final Rule

A. Rationale

    During review of the PMNs 29 chemical substances which were the
subject of PMNs P-14-72, P-14-89, P-14-90, P-14-91, P-14-92, P-14-158,
P-14-159, P-14-161, P-14-162, P-14-163, P-14-173, P-14-175, P-14-176,
P-14-177, P-14-178, P-14-179, P-14-180, P-14-181, P-14-182, P-14-183,
P-14-184, P-14-185, P-14-186, P-14-187, P-14-188, P-14-190, P-14-191,
P-14-192, and P-14-193, EPA determined that one or more of the criteria
of concern established at Sec.  [emsp14]721.170 were met. For
additional discussion of the rationale for the SNUR on this chemical,
see Units II., IV., and V. of the proposed rule.

B. Objectives

    EPA is issuing final SNURs for 29 chemical substances described
above to achieve the following objectives with

regard to the significant new uses designated in this final rule:
     EPA will receive notice of any person's intent to
manufacture or process a listed chemical substance for the described
significant new use before that activity begins.
     EPA will have an opportunity to review and evaluate data
submitted in a SNUN before the notice submitter begins manufacturing or
processing a listed chemical substance for the described significant
new use.
     EPA will be able to regulate prospective manufacturers or
processors of a listed chemical substance before the described
significant new use of that chemical substance occurs, provided that
regulation is warranted pursuant to TSCA sections 5(e), 5(f), 6, or 7.
    Issuance of a SNUR for a chemical substance does not signify that
the chemical substance is listed on the TSCA Chemical Substance
Inventory (TSCA Inventory). Guidance on how to determine if a chemical
substance is on the TSCA Inventory is available on the Internet at
http://www.epa.gov/opptintr/existingchemicals/pubs/tscainventory/index.html.

IV. Significant New Use Determination

    Section 5(a)(2) of TSCA states that EPA's determination that a use
of a chemical substance is a significant new use must be made after
consideration of all relevant factors, including:
     The projected volume of manufacturing and processing of a
chemical substance.
     The extent to which a use changes the type or form of
exposure of human beings or the environment to a chemical substance.
     The extent to which a use increases the magnitude and
duration of exposure of human beings or the environment to a chemical
substance.
     The reasonably anticipated manner and methods of
manufacturing, processing, distribution in commerce, and disposal of a
chemical substance.
    In addition to these factors enumerated in TSCA section 5(a)(2),
the statute authorized EPA to consider any other relevant factors.
    To determine what would constitute a significant new use for the
chemical substances listed in this final rule, EPA considered relevant
information about the toxicity of the chemical substances, likely human
exposures and environmental releases associated with possible uses, and
the four bulleted TSCA section 5(a)(2) factors listed in this unit.

V. Applicability of the Significant New Use Designation

    If uses begun after the proposed rule was published were considered
ongoing rather than new, any person could defeat the SNUR by initiating
the significant new use before the final rule was issued. Therefore EPA
has designated the date of publication of the proposed rule as the
cutoff date for determining whether the new use is ongoing. Consult the
Federal Register Notice of April 24, 1990 (55 FR 17376, FRL 3658-5) for
a more detailed discussion of the cutoff date for ongoing uses.
    Any person who began commercial manufacture or processing of the
chemical substances identified in this rule for any of the significant
new uses designated in the proposed SNUR after the date of publication
of the proposed SNUR, must stop that activity before the effective date
of the final rule. Persons who ceased those activities will have to
first comply with all applicable SNUR notification requirements and
wait until the notice review period, including any extensions, expires,
before engaging in any activities designated as significant new uses.
If a person were to meet the conditions of advance compliance under 40
CFR 721.45(h), the person would be considered to have met the
requirements of the final SNUR for those activities.

VI. Test Data and Other Information

    EPA recognizes that TSCA section 5 does not require the development
of any particular test data before submission of a SNUN. The two
exceptions are:
    1. Development of test data is required where the chemical
substance subject to the SNUR is also subject to a test rule under TSCA
section 4 (see TSCA section 5(b)(1)).
    2. Development of test data may be necessary where the chemical
substance has been listed under TSCA section 5(b)(4) (see TSCA section
5(b)(2)).
    In the absence of a TSCA section 4 test rule or a TSCA section
5(b)(4) listing covering the chemical substance, persons are required
only to submit test data in their possession or control and to describe
any other data known to or reasonably ascertainable by them (see Sec.
720.50). However, upon review of PMNs and SNUNs, the Agency has the
authority to require appropriate testing.
    Recommended testing that would address the criteria of concern of
Sec.  721.170 can be found in Unit IV. of the proposed rule.
Descriptions of tests are provided only for informational purposes. EPA
strongly encourages persons, before performing any testing, to consult
with the Agency pertaining to protocol selection.
    SNUN submitters should be aware that EPA will be better able to
evaluate SNUNs which provide detailed information on the following:
     Human exposure and environmental release that may result
from the significant new use of the chemical substances.
     Potential benefits of the chemical substances.
     Information on risks posed by the chemical substances
compared to risks posed by potential substitutes.

VII. SNUN Submissions

    According to 40 CFR 721.1(c), persons submitting a SNUN must comply
with the same notice requirements and EPA regulatory procedures as
persons submitting a PMN, including submission of test data on health
and environmental effects as described in Sec.  720.50. SNUNs must be
on EPA Form No. 7710-25, generated using e-PMN software, and submitted
to the Agency in accordance with the procedures set forth in Sec. Sec.
721.25 and 720.40. E-PMN software is available electronically at http://www.epa.gov/opptintr/newchems.

VIII. Economic Analysis

    EPA evaluated the potential costs of SNUN requirements for
potential manufacturers and processors of the chemical substances in
the rule. The Agency's complete Economic Analysis is available in the
docket under docket ID number EPA-HQ-OPPT-2014-0390.

IX. Statutory and Executive Order Reviews

A. Executive Order 12866

    This final rule establishes SNURs for chemical substances that were
the subject of PMNs. The Office of Management and Budget (OMB) has
exempted these types of actions from review under Executive Order
12866, entitled ``Regulatory Planning and Review'' (58 FR 51735,
October 4, 1993).

B. Paperwork Reduction Act (PRA)

    According to PRA (44 U.S.C. 3501 et seq.), an agency may not
conduct or sponsor, and a person is not required to respond to a
collection of information that requires OMB approval under PRA, unless
it has been approved by OMB and displays a currently valid OMB control
number. The OMB control numbers for EPA's regulations in title 40 of
the CFR, after appearing in the Federal Register, are listed in 40 CFR
part 9, and included on the related collection instrument or form, if
applicable. EPA is amending the table in 40 CFR part 9 to list the OMB
approval

number for the information collection requirements contained in this
final rule. This listing of the OMB control numbers and their
subsequent codification in the CFR satisfies the display requirements
of PRA and OMB's implementing regulations at 5 CFR part 1320. This
Information Collection Request (ICR) was previously subject to public
notice and comment prior to OMB approval, and given the technical
nature of the table, EPA finds that further notice and comment to amend
it is unnecessary. As a result, EPA finds that there is ``good cause''
under section 553(b)(3)(B) of the Administrative Procedure Act (5
U.S.C. 553(b)(3)(B)) to amend this table without further notice and
comment.
    The information collection requirements related to this action have
already been approved by OMB pursuant to PRA under OMB control number
2070-0012 (EPA ICR No. 574). This action does not impose any burden
requiring additional OMB approval. If an entity were to submit a SNUN
to the Agency, the annual burden is estimated to average between 30 and
170 hours per response. This burden estimate includes the time needed
to review instructions, search existing data sources, gather and
maintain the data needed, and complete, review, and submit the required
SNUN.
    Send any comments about the accuracy of the burden estimate, and
any suggested methods for minimizing respondent burden, including
through the use of automated collection techniques, to the Director,
Collection Strategies Division, Office of Environmental Information
(2822T), Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001. Please remember to include the OMB control
number in any correspondence, but do not submit any completed forms to
this address.

C. Regulatory Flexibility Act (RFA)

    On February 18, 2012, EPA certified pursuant to RFA section 605(b)
(5 U.S.C. 601 et seq.), that promulgation of a SNUR does not have a
significant economic impact on a substantial number of small entities
where the following are true:
    1. A significant number of SNUNs would not be submitted by small
entities in response to the SNUR.
    2. The SNUR submitted by any small entity would not cost
significantly more than $8,300.

A copy of that certification is available in the docket for this final
rule.
    This final rule is within the scope of the February 18, 2012
certification. Based on the Economic Analysis discussed in Unit VIII.
and EPA's experience promulgating SNURs (discussed in the
certification), EPA believes that the following are true:
     A significant number of SNUNs would not be submitted by
small entities in response to the SNUR.
     Submission of the SNUN would not cost any small entity
significantly more than $8,300.

Therefore, the promulgation of the SNUR would not have a significant
economic impact on a substantial number of small entities.

D. Unfunded Mandates Reform Act (UMRA)

    Based on EPA's experience with proposing and finalizing SNURs,
State, local, and Tribal governments have not been impacted by these
rulemakings, and EPA does not have any reasons to believe that any
State, local, or Tribal government will be impacted by this final rule.
As such, EPA has determined that this action does not impose any
enforceable duty, contain any unfunded mandate, or otherwise have any
effect on small governments subject to the requirements of UMRA
sections 202, 203, 204, or 205 (2 U.S.C. 1501 et seq.).

E. Executive Order 13132

    This action will not have a substantial direct effect on States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government, as specified in Executive Order 13132, entitled
``Federalism'' (64 FR 43255, August 10, 1999).

F. Executive Order 13175

    This action does not have Tribal implications because it is not
expected to have substantial direct effects on Indian Tribes. This
final rule does not significantly nor uniquely affect the communities
of Indian Tribal governments, nor does it involve or impose any
requirements that affect Indian Tribes. Accordingly, the requirements
of Executive Order 13175, entitled ``Consultation and Coordination with
Indian Tribal Governments'' (65 FR 67249, November 9, 2000), do not
apply to this final rule.

G. Executive Order 13045

    This action is not subject to Executive Order 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because this is not an
economically significant regulatory action as defined by Executive
Order 12866, and this action does not address environmental health or
safety risks disproportionately affecting children.

H. Executive Order 13211

    This action is not subject to Executive Order 13211, entitled
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001), because
this action is not expected to affect energy supply, distribution, or
use and because this action is not a significant regulatory action
under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    In addition, since this action does not involve any technical
standards, NTTAA section 12(d) (15 U.S.C. 272 note), does not apply to
this action.

J. Executive Order 12898

    This action does not entail special considerations of environmental
justice related issues as delineated by Executive Order 12898, entitled
``Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations'' (59 FR 7629, February 16,
1994).

X. Congressional Review Act (CRA)

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).

List of Subjects

40 CFR Part 9

    Environmental protection, Reporting and recordkeeping requirements.

40 CFR Part 721

    Environmental protection, Chemicals, Hazardous substances,
Reporting and recordkeeping requirements.

    Dated: November 24, 2015.
Maria J. Doa,
Director, Chemical Control Division, Office of Pollution Prevention and
Toxics.

    Therefore, 40 CFR parts 9 and 721 are amended as follows:

PART 9--[AMENDED]

0
1. The authority citation for part 9 continues to read as follows:

    Authority:  7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001,
2003, 2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C.
9701; 33

U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 1330,
1342, 1344, 1345 (d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR,
1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g,
300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2,
300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542,
9601-9657, 11023, 11048.

0
2. In Sec.  [emsp14]9.1, add entries for ``721.10780,'' ``721.10781,''
``721.10782,'' and ``721.10783'' in numerical order under the
undesignated center heading ``Significant New Uses of Chemical
Substances'' to read as follows:

Sec.  [emsp14]9.1  OMB approvals under the Paperwork Reduction Act.

* * * * *

------------------------------------------------------------------------
                                                            OMB Control
                     40 CFR Citation                            No.
------------------------------------------------------------------------

                                * * * * *
               Significant New Uses of Chemical Substances
------------------------------------------------------------------------

                                * * * * *
721.10780...............................................       2070-0012
721.10781...............................................       2070-0012
721.10782...............................................       2070-0012
721.10783...............................................       2070-0012

                                * * * * *
------------------------------------------------------------------------

* * * * *

PART 721--[AMENDED]

0
3. The authority citation for part 721 continues to read as follows:

    Authority:  15 U.S.C. 2604, 2607, and 2625(c).

0
4. Add Sec.  [emsp14]721.10780 to subpart E to read as follows:

Sec.  [emsp14]721.10780  Propaneperoxoic acid, 2,2-dimethyl-, 1,1,3,3-
tetramethylbutyl ester.

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as propaneperoxoic
acid, 2,2-dimethyl-, 1,1,3,3-tetramethylbutyl ester (PMN P-14-72; CAS
No. 22288-41-1) is subject to reporting under this section for the
significant new uses described in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Release to water. Requirements as specified in Sec.  721.90
(a)(4), (b)(4), and (c)(4) (N=3).
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), and (k) are applicable to manufacturers and
processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
5. Add Sec.  [emsp14]721.10781 to subpart E to read as follows:

Sec.  721.10781  Fatty acid amide hydrochlorides (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substances identified generically as fatty
acid amide hydrochlorides (PMNs P-14-89, P-14-90, P-14-91 and P-14-92)
are subject to reporting under this section for the significant new
uses described in paragraphs (a)(2) and (3) of this section.
    (2) The significant new uses are:
    (i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80. The significant new use is any use other
than as a surfactant in asphalt emulsions where the surface water
concentrations described under the significant new uses in paragraph
(a)(3)(i) of this section are exceeded.
    (ii) [Reserved].
    (3) The significant new uses for any use other than as a surfactant
in asphalt emulsions:
    (i) Release to water. Requirements as specified 721.90 (a)(4),
(b)(4), and (c)(4) (where N=110 for PMNs P-14-89 and P-14-92; N=240 for
PMN P-14-90; N=53 for PMN P-14-91).
    (ii) [Reserved].
    (b) Specific Requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), (i), and (k) are applicable to manufacturers and
processors of these substances.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.
0
6. Add Sec.  [emsp14]721.10782 to subpart E to read as follows:

Sec.  721.10782  Fatty acid amides (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as fatty
acid amides (PMN P-14-158, P-14-159, P-14-161, P-14-162, and P-14-163)
are subject to reporting under this section for the significant new
uses described in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80. The significant new use is any use other
than as additives in mineral flotation products and as chemical
intermediates where the surface water concentrations described under
the significant new uses in paragraph (a)(3)(i) of this section are
exceeded.
    (ii) [Reserved].
    (3) The significant new uses for any use other than as additives in
mineral flotation products and as chemical intermediates:
    (i) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) (where N=1 for PMNs P-14-158, P-14-
159, P-14-161, and P-14-163; N=140 for PMN P-14-162).
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), (i) and (k) are applicable to manufacturers and
processors of these substances.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
7. Add Sec.  [emsp14]721.10783 to subpart E to read as follows:

Sec.  721.10783  Fatty acid amide acetates (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as fatty
acid amide acetates (PMNs P-14-173, P-14-175, P-14-176, P-14-177, P-14-
178, P-14-179, P-14-180, P-14-181, P-14-182, P-14-183, P-14-184, P-14-
185, P-14-186, P-14-187, P-14-188, P-14-190, P-14-191, P-14-192 and P-
14-193) are subject to reporting under this section for the significant
new uses described in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80. The significant new use is any use other
than as flotation additives in mineral processing where the surface
water concentrations described under the significant new uses in
paragraph (a)(3)(i) of this section are exceeded.
    (ii) [Reserved].
    (3) The significant new uses for any use other than as flotation
additives in mineral processing:
    (i) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) (where N = concentration of concern as
follows):

------------------------------------------------------------------------
                                                          Concentration
                        PMN No.                             of concern
------------------------------------------------------------------------
P-14-173, P-14-175, P-14-178, P-14-179, P-14-181, P-14-           1 ppb.
 183, P-14-184, P-14-192, P-14-193.....................
P-14-176, P-14-180, P-14-185, P-14-186, P-14-187, P-14-           2 ppb.
 190...................................................
P-14-177, P-14-188.....................................           3 ppb.
P-14-191...............................................           4 ppb.
P-14-182...............................................         140 ppb.
------------------------------------------------------------------------

    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), (i) and (k) are applicable to manufacturers and
processors of these substances.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

[FR Doc. 2015-30677 Filed 12-3-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 30 (Monday, February 14, 2011)]
[Notices]
[Pages 8363-8365]
[FR Doc No: 2011-3284]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-SFUND-2004-0006; FRL-9266-1]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Community Right-to-Know Reporting Requirements Under
Sections 311 and 312 of the Emergency Planning and Community Right-to-
Know Act

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that EPA is planning to
submit a request to renew an existing approved Information Collection
Request (ICR) to the Office of Management and Budget (OMB). This ICR is
scheduled to expire on July 31, 2011. Before submitting the ICR to OMB
for review and approval, EPA is soliciting comments on specific aspects
of the proposed information collection as described below.

DATES: Comments must be submitted on or before April 15, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-2004-0006, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for
submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Superfund Docket, Environmental Protection Agency,
Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
     Hand Delivery: EPA Docket Center, EPA West Building, 1301
Constitution Avenue, NW., Washington, DC. Such deliveries are only
accepted during the Docket's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-SFUND-
2004-0006. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through www.regulations.gov
or e-mail. The www.regulations.gov Web site is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
www.regulations.gov your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses. For additional information about EPA's public docket visit the
EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Sicy Jacob, Office of Emergency
Management, 5104A, Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

How can I access the docket and/or submit comments?

    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-2004-0006, which is available for online viewing at http://www.regulations.gov, or in person viewing at the Superfund Docket in
the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution
Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from
8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.
The telephone number for the Reading Room is<PHONE_NUMBER>, and the
telephone number for the Superfund Docket is<PHONE_NUMBER>.
    Use http://www.regulations.gov to obtain a copy of the draft
collection of information, submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the public docket that are available electronically. Once
in the system, select ``search,'' then key in the docket ID number
identified in this document.

What information is EPA particularly interested in?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically
solicits comments and information to enable it to:
    (i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility;
    (ii) evaluate the accuracy of the Agency's estimate of the burden
of the proposed collection of information, including the validity of
the methodology and assumptions used;
    (iii) enhance the quality, utility, and clarity of the information
to be collected; and
    (iv) minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.

What should I consider when I prepare my comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible and provide specific
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used
that support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.

What information collection activity or ICR does this apply to?

    Docket ID No. EPA-HQ-2004-0006.
    Affected entities: Entities potentially affected by this action are
manufacturers and non-manufacturers.
    Title: Community Right-to-Know Reporting Requirements under
Sections 311 and 312 of the Emergency Planning and Community Right-to-
Know Act (EPCRA).
    ICR number: EPA ICR No. 1352.12, OMB Control No. 2050-0072.
    ICR status: This ICR is currently scheduled to expire on July 31,
2011. An Agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information, unless it displays
a currently valid OMB control number. The OMB control numbers for EPA's
regulations in title 40 of the CFR, after appearing in the Federal
Register when approved, are listed in 40 CFR part 9, are displayed
either by publication in the Federal Register or by other appropriate
means, such as on the related collection instrument or form, if
applicable. The display of OMB control numbers in certain EPA
regulations is consolidated in 40 CFR part 9.
    Abstract: The authority for these requirements is sections 311 and
312 of the Emergency Planning and Community Right-to-Know Act (EPCRA),
1986 (42 U.S.C. 11011, 11012). EPCRA Section 311 requires owners and
operators of facilities subject to OSHA Hazard Communication Standard
to submit a list of chemicals or MSDSs (for those chemicals that exceed
thresholds, specified in 40 CFR Part 370) to the State Emergency
Response Commission (SERC), Local Emergency Planning Committee (LEPC)
and the local fire department (LFD) with jurisdiction over their
facility. This is a one-time requirement unless a new facility becomes
subject to the regulations or updating the information by facilities
that are already covered by the regulations. EPCRA Section 312 requires
owners and operators of facilities subject to OSHA HCS to submit an
inventory form (for those chemicals that exceed the thresholds,
specified in 40 CFR Part 370) to the SERC, LEPC, and LFD with
jurisdiction over their facility. This form is to be submitted on March
1 of each year, on the inventory of chemicals in the previous calendar
year.
    Burden Statement: The average burden for MSDS reporting under 40
CFR 370.21 is estimated at 1.6 hours for new and newly regulated
facilities. For existing facilities, the average burden is 0.6 hours
for submitting new or revised MSDSs to SERC, LEPC and the local fire
department. For new and newly regulated facilities, this burden
includes the time required to read and understand the regulations, to
determine which chemicals meet or exceed reporting thresholds, and to
submit MSDSs or lists of chemicals to SERC, LEPCs, and local fire
departments. For existing facilities, this burden includes the time
required to submit revised MSDSs and new MSDSs to these entities. The
average reporting burden for facilities to submit Tier I or Tier II
inventory report under 40 CFR 370.25 is estimated to be approximately
3.1 hours per facility. There are no recordkeeping requirements for
facilities under EPCRA sections 311 and 312.
    The average burden for state and local governments to respond to
requests for MSDSs or Tier II information under 40 CFR 370.30 is
estimated to be 0.17 hours per request. The average burden for state
and local governments for managing and maintaining the reports is
estimated to be 32.25 hours. The burden hours indicated here are from
the current approved ICR. EPA may revise the burden before submitting
this ICR package to OMB.
    Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology

and systems for the purposes of collecting, validating, and verifying
information, processing and maintaining information, and disclosing and
providing information; adjust the existing ways to comply with any
previously applicable instructions and requirements which have
subsequently changed; train personnel to be able to respond to a
collection of information; search data sources; complete and review the
collection of information; and transmit or otherwise disclose the
information.
    The ICR provides a detailed explanation of the Agency's estimate,
which is only briefly summarized here:
    Estimated total number of potential respondents: 564,132.
    Frequency of response: Annual.
    Estimated total average number of responses for each respondent: 1.
    Estimated total annual burden hours: 2,031,859.
    Estimated total annual costs: $96 million.

This includes capital investment or maintenance and operational costs.

    As stated earlier in this document, EPA may revise the burden based
on current information on the number of respondents before submitting
the ICR package to OMB for approval. The cost will be adjusted based on
current wage rates.

What is the next step in the process for this ICR?

    EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will
issue another Federal Register notice pursuant to 5 CFR
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the
opportunity to submit additional comments to OMB. If you have any
questions about this ICR or the approval process, please contact the
technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: February 7, 2011.
Maryann Petrole,
Acting Director, Office of Emergency Management.
[FR Doc. 2011-3284 Filed 2-11-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 172 (Thursday, September 5, 2013)]
[Notices]
[Pages 54641-54642]
[FR Doc No: 2013-21525]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13213-003]

Lock 14 Hydro Partners; Notice of Application Accepted for Filing
and Soliciting Motions to Intervene and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Major License (5 Megawatts or less)
    b. Project No.: 13213-003
    c. Date filed: May 16, 2012
    d. Applicant: Lock 14 Hydro Partners, LLC
    e. Name of Project: Heidelberg Hydroelectric Project
    f. Location: At the Kentucky River Authority's Lock and Dam No. 14,
on the Kentucky River, near the Town of Heidelberg, Lee County
Kentucky. No lands managed by the Federal government are located within
the project boundary.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: David Brown Kinloch, Lock 14 Hydro Partners,
414 S. Wenzel Street, Louisville, Kentucky 40204,<PHONE_NUMBER>.
    i. FERC Contact: Michael Spencer,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    j. Deadline for filing motions to intervene and protests: 60 days
from the issuance date of this notice.
    The Commission strongly encourages electronic filing. Please file
motions to intervene, protests, comments, recommendations, preliminary
terms and conditions, and preliminary fishway prescriptions using the
Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000
characters, without prior registration, using the eComment system at
http://www.ferc.gov/docs-filing/ecomment.asp. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426. The first page of any filing should include
docket number P-13213-003.
    The Commission's Rules of Practice and Procedures require all
intervenors filing documents with the Commission to serve a copy of
that document on each person on the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    k. This application has been accepted for filing, but is not ready
for environmental analysis at this time.
    l. The Heidelberg Project consists of: (1) An existing 248-foot-
long, 17-foot-high concrete lock and dam; (2) an existing 182-acre
reservoir having a storage capacity of 1,820-acre-feet; (3) a new 40-
foot-high and 52-foot-wide trashrack; (4) a new powerhouse integral to
the abandoned lock containing four generating units for a total
installed capacity of 2,640 kilowatts; and (5) a new 1,000-foot-long,
12.47 kilo-Volt transmission line. The project is estimated to generate
an average of 10,484,000 kilowatt-hours annually. The existing lock and
dam are owned by the Kentucky River Authority.
    m. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC Online Support. A copy is also available for inspection and
reproduction at the address in item h above.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    n. Any qualified applicant desiring to file a competing application
must submit to the Commission, on or before the specified intervention
deadline date, a competing development application, or a notice of
intent to file such an application. Submission of a timely notice of
intent allows an interested person to file the competing development
application no later than 120 days after the specified intervention
deadline date. Applications for preliminary permits will not be
accepted in response to this notice.
    A notice of intent must specify the exact name, business address,
and telephone number of the prospective applicant, and must include an
unequivocal statement of intent to submit a development application. A
notice of intent must be served on the applicant(s) named in this
public notice.

    Anyone may submit a protest or a motion to intervene in accordance
with the requirements of Rules of Practice and Procedure, 18 CFR
385.210, 385.211, and 385.214. In determining the appropriate action to
take, the Commission will consider all protests filed, but only those
who file a motion to intervene in accordance with the Commission's
Rules may become a party to the proceeding. Any protests or motions to
intervene must be received on or before the specified deadline date for
the particular application.
    When the application is ready for environmental analysis, the
Commission will issue a public notice requesting comments,
recommendations, terms and conditions, or prescriptions.
    All filings must: (1) Bear in all capital letters the title
``PROTEST'' or ``MOTION TO INTERVENE,'' ``NOTICE OF INTENT TO FILE
COMPETING APPLICATION,'' or ``COMPETING APPLICATION''; (2) set forth in
the heading the name of the applicant and the project number of the
application to which the filing responds; (3) furnish the name,
address, and telephone number of the person protesting or intervening;
and (4) otherwise comply with the requirements of 18 CFR 385.2001
through 385.2005. Agencies may obtain copies of the application
directly from the applicant. A copy of any protest or motion to
intervene must be served upon each representative of the applicant
specified in the particular application.

    Dated: August 28, 2013.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2013-21525 Filed 9-4-13; 8:45 am]
BILLING CODE 6717-01-P


EPA Smart Growth & Active Aging National Recognition Program DCTM_ ARP. doc 1 EPA National Community Recognition Program Validation of Beta Application Thank you very much for contributing your expertise and time to assist the EPA in creating this national recognition program for communities who are creating smart growth initiatives that also specifically enhance the health and well being of older Americans.

The purpose of the beta testing process is to establish content validity of the project questions and gather feedback for question revision through rankings by content area experts in smart growth and active aging, local/ county/ state officials, and others representing potential applicants to the recognition program. We also want to assess the ease of completing the on line instrument.

Instructions:

Please read the introductory section containing the definitions of the smart growth and active aging/ physical activity programming of interest, and the descriptions of the process and program levels. Applicants will also be asked to acknowledge their review of accompanying documents regarding specific components of smart growth policy, and the participation of a local aging services official in completion of the recognition program application.

Read each statement beginning on page 3 for items 1A through 5D and rate each on a scale of 1  10 as to how well it reflects the content described in the process and program definitions provided below. YOU DO NOT HAVE TO COMPLETE THE INFORMATION ABOUT THE PROGRAM ITSELF, ONLY THE SECTION REGARDING HOW WELL THE ITEM ASSESSES THE CONTENT REGARDING SMART GROWTH ( SG) and/ or PHYSICAL ACTIVITY ( PA). WE WANT TO DETERMINE IF THE ITEM IS CLEAR AND UNDERSTANDABLE TO YOU. Questions for you to complete are in red and bold type. Regardless of your rating, we encourage you to suggest any revision that would clarify the content of the item.

Introduction Definitions:

* Smart Growth ( SG): Smart Growth is defined as community development that serves the environment, community, economy, and public health. The principles of smart growth include: 1) Mix land use; 2) Take advantage of compact building design; 3) Create a range of housing opportunities and choices; 4) Create walkable neighborhoods; 5) Foster distinctive, attractive neighborhoods with a sense of place; 6) Preserve open space, farmland, natural beauty, and critical resources; 7) Strengthen and direct development towards existing communities; 8) Provide a variety of transportation choices; 9) Make development decisions predictable, fair, and cost effective; 10) Encourage community stakeholders collaboration in development decisions.

To be completed by applicant:

I have reviewed the accompanying policy and activity components that are integral to the smart growth principles above, and understand that they should form the basis for our community's responses to the application items for the Smart Growth and Active. Aging National Recognition Program. EPA Smart Growth & Active Aging National Recognition Program DCTM_ ARP. doc 2 * Active Aging/ Physical Activity ( PA): includes planning and implementing a variety of widely accessible programs and/ or self directed opportunities for those 60+ and which emphasize activities that increase endurance, strength, flexibility, balance, and the principles of injury prevention. These types of activities include walking, biking, fitness trails and similar activities/ programs at various levels of intensity to fit the capacities of participants. * This section will include additional resource links * Community assessment or survey: can include formal needs assessment or community survey or discussion of community needs with service providers with smart growth or active aging/ physical activity programming or opportunities in the community. * This section will include additional resource links * Denotes information link to definitions, examples, weblinks, etc Description of process and program levels:

Process I: Awareness of and general commitment to basic smart growth principles and active aging/ physical activity programs and opportunities.

Process II: Awareness of smart growth and active aging/ physical activity principles, applications and implementation strategies formulated with attention to linking smart growth and active aging/ physical activity programs and opportunities in the community.

Process III: Well established processes combining smart growth and active aging with coherent framework and broad smart growth and aging network community participation Well conceived and funded strategic attention to smart growth principles and active aging programs and opportunities; ability to mentor or serve as model for other communities. Processes are scalable, sustainable, and sharable,

Program I: Actively engaged in formulating pilot programs and activities combining smart growth and active aging.

Program II: Established/ expanding programs combining smart growth and active aging; engagement of broader segments of the community in program activity; active promotion of the program on a community basis.

Program III: Ongoing/ expanding programs on a wide community basis that are effectively applying principles of smart growth and active aging; wide community involvement of multiple sectors within the community; program funding sources established; ability to mentor or serve as a model program for other communities. Programs are scalable, sustainable, and sharable. EPA Smart Growth & Active Aging National Recognition Program DCTM_ ARP. doc 3 BETA Items Level1 1 A: SG Process I: Our community has defined goals or a mission for advancing or applying * smart growth principles.

Not at all

Just starting

Partially completed

Fully Completed

Ongoing Describe Activity:

> How well does this item assess the content for Process I:

1 2 3 4 5 6 7 8 9 10 Not at all Adequately Very Well Your Score: ____ 6__ Suggestions for revision: I think it would be useful if " just starting" " partially completed" etc. should be better defined.

1 B: SG Process I: Our community has conducted a * community assessment, survey or other planning activity for applying * smart growth principles.

Not at all

Just starting

Partially completed

Fully Completed

Ongoing Describe Activity:

> How well does this item assess the content for Process I:

1 2 3 4 5 6 7 8 9 10 Not at all Adequately Very Well Your Score: ___ 8___ Suggestions for revision: EPA Smart Growth & Active Aging National Recognition Program DCTM_ ARP. doc 4 1 C: PA Process I: Our community has defined goals or a mission for increasing older adult participation in * active aging/ physical activity.

Not at all

Just starting

Partially completed

Fully Completed

Ongoing Describe Activity:

> How well does this item assess the content for Process I:

1 2 3 4 5 6 7 8 9 10 Not at all Adequately Very Well Your Score: ___ 8___ Suggestions for revision:

1 D: PA: Process I: Our community has conducted a * community assessment or survey, or reviewed information/ data for increasing older adult participation in active aging/ physical activity.

Not at all

Just starting

Partially completed

Fully Completed

Ongoing Describe Activity:

> How well does this item assess the content for Process I:

1 2 3 4 5 6 7 8 9 10 Not at all Adequately Very Well Your Score: __ 8___ Suggestions for revision:

Level 2 2 A: SG: Process II: Our community's strategic development plan includes aspects of feasibility, cost, impact, time frame and leadership for applying smart growth principles.

Not at all

Just starting

Partially completed

Fully Completed

Ongoing EPA Smart Growth & Active Aging National Recognition Program DCTM_ ARP. doc 5 Describe Activity:

> How well does this item assess the content for Process II:

1 2 3 4 5 6 7 8 9 10 Not at all Adequately Very Well Your Score: ___ 9___ Suggestions for revision:

2 B: SG: Process II: Our community is actively engaged in formulating plans and strategies for specifically linking smart growth initiatives with programs, amenities or opportunities that include active aging/ physical activity for older adults

Not at all

Just starting

Partially completed

Fully Completed

Ongoing Describe Activity:

> How well does this item assess the content for Process II:

1 2 3 4 5 6 7 8 9 10 Not at all Adequately Very Well Your Score: __ 9____ Suggestions for revision:

2 C: PA: Process II: Our community has a broad based planning process that includes feasibility, cost, impact, time frame and leadership for creating/ promoting active aging/ physical activity for aging adults.

Not at all

Just starting

Partially complete

Fully Completed

Ongoing Describe Activity: EPA Smart Growth & Active Aging National Recognition Program DCTM_ ARP. doc 6 > How well does this item assess the content for Process II:

1 2 3 4 5 6 7 8 9 10 Not at all Adequately Very Well Your Score: ___ 8___ Suggestions for revision:

2 D: PA: Process II: Our community has established interagency committees, task forces, or other community partnerships with local aging organizations, service providers, and agencies as a means of coordinating activities and programs with smart growth and active aging/ physical activity components.

Not at all

Just starting

Partially complete

Fully Completed

Ongoing Describe Activity:

> How well does this item assess the content for Process II:

1 2 3 4 5 6 7 8 9 10 Not at all Adequately Very Well Your Score: __ 8____ Suggestions for revision:

Level 3 3 A: SG & PA: Process III: Our community's comprehensive planning integrates smart growth principles and promotes application of these to encompass active aging/ physical activity programs and opportunities for older adults.

Not at all

Just starting

Partially complete

Fully Completed

Ongoing Describe Activity: EPA Smart Growth & Active Aging National Recognition Program DCTM_ ARP. doc 7 > How well does this item assess the content for Process III:

1 2 3 4 5 6 7 8 9 10 Not at all Adequately Very Well Your Score: ___ 8___ Suggestions for revision:

3 B: SG: Program I: Our community has legislative, zoning, comprehensive plan initiatives and other policies in place or in consideration that include provision for both smart growth and active aging/ physical activity programs or opportunities for older adults.

Not at all

Just starting

Partially complete

Fully Completed

Ongoing Describe Activity:

> How well does this item assess the content for Program I:

1 2 3 4 5 6 7 8 9 10 Not at all Adequately Very Well Your Score: ____ 8__ Suggestions for revision:

3 C: PA: Program I: Our community has created pilot programs, or has existing programs for active aging/ physical activity for older adults which take advantage of the resources and environments created by local smart growth activities such as safe walking area, biking amenities, age sensitive exercise trails, safe parks, etc. * This section will include additional resource links

Not at all

Just starting

Partially complete

Fully Completed

Ongoing Describe Activity: EPA Smart Growth & Active Aging National Recognition Program DCTM_ ARP. doc 8 > How well does this item assess the content for Program I:

1 2 3 4 5 6 7 8 9 10 Not at all Adequately Very Well Your Score: ___ 9___ Suggestions for revision:

Level 4 4 A: SG: Program II: Our community is increasing its capacity through budget allocation, staff resources, infrastructure improvement, etc. for systematically expanding existing initiatives that combine smart growth principles and planning and active aging/ physical activity programs and opportunities.

Not at all

Just starting

Partially complete

Fully Completed

Ongoing Describe Activity:

> How well does this item assess the content for Program II:

1 2 3 4 5 6 7 8 9 10 Not at all Adequately Very Well Your Score: ___ 9___ Suggestions for revision:

4 B: SG: Program II: Our community is reaching out to local/ county/ state officials and departments, land developers, and community organizations to expand the integration of smart growth and active aging/ physical activity programs.

Not at all

Just starting

Partially complete

Fully Completed

Ongoing Describe Activity: EPA Smart Growth & Active Aging National Recognition Program DCTM_ ARP. doc 9 > How well does this item assess the content for Program II:

1 2 3 4 5 6 7 8 9 10 Not at all Adequately Very Well Your Score: ___ 9___ Suggestions for revision:

4 C: PA: Program II: Our community includes gathering evidence about and evaluating the effectiveness of and level of participation in our active aging/ physical activity programs and opportunities for older adults.

Not at all

Just starting

Partially complete

Fully Completed

Ongoing Describe Activity:

> How well does this item assess the content for Program II:

1 2 3 4 5 6 7 8 9 10 Not at all Adequately Very Well Your Score: ___ 8___ Suggestions for revision:

4 D: PA: Program II: Our community has an initiative that includes promotion, advertising, recruitment, and widely available programs and opportunities to engage more older adults in active aging/ physical activity.

Not at all

Just starting

Partially completed

Fully Completed

Ongoing Describe Activity:

> How well does this item assess the content for Program II:

1 2 3 4 5 6 7 8 9 10 Not at all Adequately Very Well Your Score: ___ 9___ EPA Smart Growth & Active Aging National Recognition Program DCTM_ ARP. doc 10 Suggestions for revision:

Level 5 5 A: SG: Program/ Process III: Our community has already implemented, or has the capacity to implement a model program combining smart growth principles with programs emphasizing active aging/ physical activity for older adults.

Not at all

Just starting

Partially completed

Fully Completed

Ongoing Describe Activity:

> How well does this item assess the content for Program/ Process III:

1 2 3 4 5 6 7 8 9 10 Not at all Adequately Very Well Your Score: __ 8____ Suggestions for revision:

5 B: SG: Program/ Process III: Our community has a well established smart growth initiative and active aging/ physical activity programs and opportunities and is planning to expand these to a wider segment of our population as well as the partnerships that will support these programs.

Not at all

Just starting

Partially completed

Fully Completed

Ongoing Describe Activity:

> How well does this item assess the content for Program/ Process III:

1 2 3 4 5 6 7 8 9 10 Not at all Adequately Very Well Your Score: ___ 9___ EPA Smart Growth & Active Aging National Recognition Program DCTM_ ARP. doc 11 Suggestions for revision:

5 C: PA: Program/ Process III: Our community has an established coalition of service providers, advocacy organizations, businesses and governmental agencies who are cooperating to create more innovative and widely available programs that integrate smart growth principles and active aging/ physical activity programs and opportunities.

Not at all

Just starting

Partially completed

Fully Completed

Ongoing Describe Activity:

> How well does this item assess the content for Program/ Process III:

1 2 3 4 5 6 7 8 9 10 Not at all Adequately Very Well Your Score: ___ 9___ Suggestions for revision:

5 D: PA: Program/ Process III:

Our community has an existing model program integrating active aging/ physical activity and smart growth for older adults and we can provide technical assistance and a contact person to share information with other communities.

Not at all

Just starting

Partially completed

Fully Completed

Ongoing Please describe your program/ initiative below or attach additional information: EPA Smart Growth & Active Aging National Recognition Program DCTM_ ARP. doc 12 Contact Person for program/ initiative described above: Name:_____________________________________________ Title:______________________________________________ Organization:_______________________________________ Address:___________________________________________ ____________________________________________ City:________________________________ State:_____ Zip:__________ Phone:___________________ Fax:_________________ Email:__________________________________________

> How well does this item assess the content for Program/ Process III:

1 2 3 4 5 6 7 8 9 10 Not at all Adequately Very Well Your Score: ___ 9___ Suggestions for revision:

BETA TEST RESPONDENTS: PLEASE COMPLETE THE QUESTIONS BELOW:

> How was the process of completing this document for you and/ or your staff?

1 2 3 4 5 6 7 8 9 10 Easy x Somewhat Difficult Difficult If you rated this process with a score of 6   10, please suggest how we might make this questionnaire easier to complete: I think you should leave more space for the description section.

> Approximately how long did it take to complete this? _____ hrs. ___ 15__ min.

> Would you recommend applying for this recognition program to other communities? __ x_ Yes ___ No Applicant completing this beta test form:

Name: ______ Carol Coyle________________________________

Title: _ Grant Coordinator/ Long Range Planner______________

Organization: _____ City of McCall, Idaho EPA Smart Growth & Active Aging National Recognition Program DCTM_ ARP. doc 13 Address: ________ 216 E. Park Street__ ___________________________________________

City: _________ McCall_____ State:___ ID__ Zip:__ 83638_______

Phone: ______ 208 634 3504______ Fax:____ 208 634 3038_______

Email: _________ ccoyle@ mccall. id. us___________

Thank you for you assistance. Please return the completed MSWord document to Dr. John Migliaccio at drjohnmig@ aol. com or hardcopy by mail to Maturity Mark Services Co., 55 Springdale Ave., White Plains, NY 10604 2309 ( 914) 684 9112.


[Federal Register Volume 79, Number 118 (Thursday, June 19, 2014)]
[Notices]
[Pages 35205-35206]
[FR Doc No: 2014-14316]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72385; File No. SR-NYSEArca-2014-41)]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of
Designation of a Longer Period for Commission Action on Proposed Rule
Change, as Modified by Amendment Nos. 1 and 4 Thereto, Relating to
Listing and Trading of Shares of the Reality Shares DIVS Index ETF
Under NYSE Arca Equities Rule 5.2(j)(3)

June 13, 2014.
    On April 11, 2014, NYSE Arca, Inc. (``Exchange'') filed with the
Securities and Exchange Commission (``Commission''), pursuant to
Section

19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\ and Rule
19b-4 thereunder,\2\ a proposed rule change to list and trade shares of
the Reality Shares DIVS Index ETF (``Fund'') (formerly, Reality Shares
Isolated Dividend Growth Index ETF) under NYSE Arca Equities Rule
5.2(j)(3). The proposed rule change was published for comment in the
Federal Register on April 30, 2014.\3\ On May 6, 2014, the Exchange
filed Amendment No. 1 to the proposed rule change, which amended and
replaced the proposed rule change in its entirety.\4\ On June 6, 2014,
the Exchange filed Amendment No. 4 to the proposed rule change.\5\ The
Commission received no comment letters on the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 72015 (Apr. 24,
2014), 79 FR 24475.
    \4\ In Amendment No. 1, the Exchange clarifies the valuation of
investments for purposes of calculating net asset value, provides
additional details regarding the dissemination of the Disclosed
Portfolio, and makes other minor technical edits to the proposed
rule change.
    \5\ The Exchange filed Amendment No. 2 on June 4, 2014 and
withdrew it on June 5, 2014, and filed Amendment No. 3 on June 5,
2014 and withdrew it on June 6, 2014. Amendment No. 4 supersedes
both Amendment Nos. 2 and 3. In Amendment No. 4, the Exchange amends
the proposal to reflect a name change to the Fund and the underlying
index. Specifically, the Exchange replaces each reference to
``Reality Shares Isolated Dividend Growth Index ETF'' in the
proposal with ``Reality Shares DIVS Index ETF,'' and replaces each
reference to ``Reality Shares Isolated Dividend Growth Index'' in
the proposal with ``Reality Shares DIVS Index.''
---------------------------------------------------------------------------

    The proposed rule change would permit the listing and trading of
shares of the Fund, which would seek long-term capital appreciation by
tracking the performance of the Reality Shares DIVS Index (``Index'')
(formerly, Reality Shares Isolated Dividend Growth Index). At least 80%
of the Fund's total assets would be invested in the component
securities of the Index, which would be calculated using a proprietary,
rules-based methodology designed to track market expectations for
dividend growth conveyed in real-time using the mid-point of the bid-
ask spread on U.S. exchange-listed S&P 500 Index options and U.S.
exchange-listed options on exchange traded funds designed to track the
S&P 500 Index. Under the proposal, the Fund would buy (i.e., hold a
``long'' position in) and sell (i.e., hold a ``short'' position in) put
and call options. The strategy of taking both a long position in a
security through its ex-dividend date (the last date an investor can
own the security and receive dividends paid on the security) and a
corresponding short position in the same security immediately
thereafter is designed to allow the Fund to isolate its exposure to the
growth of the level of dividends expected to be paid on such security
while minimizing its exposure to changes in the trading price of such
security.
    Section 19(b)(2) of the Act \6\ provides that, within 45 days of
the publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
Commission is extending this 45-day time period.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission finds that it is appropriate to designate a longer
period within which to take action on the proposed rule change so that
it has sufficient time to consider the proposed rule change and the
unique nature of the investment strategy of the proposed Fund.
    Accordingly, the Commission, pursuant to Section 19(b)(2) of the
Act,\7\ designates July 29, 2014, as the date by which the Commission
should either approve or disapprove or institute proceedings to
determine whether to disapprove the proposed rule change (File Number
SR-NYSEArca-2014-41).
---------------------------------------------------------------------------

    \7\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-14316 Filed 6-18-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 87 (Friday, May 7, 2021)]
[Rules and Regulations]
[Pages 24499-24500]
[FR Doc No: 2021-09419]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2008-0784; FRL-10022-90-Region 5]

Air Plan Approval; Wisconsin; Prevention of Significant
Deterioration (PSD) and Nonattainment New Source Review (NSR) Rule
Clarifications

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the Wisconsin state implementation plan (SIP), submitted by
the Wisconsin Department of Natural Resources (WDNR) on September 30,
2008. The revision updates the definition of ``Replacement Unit'' and
clarifies a component of the emission calculation used to determine
emissions under a plantwide applicability limitation (PAL) in the
Wisconsin Administrative Code. Approving this revision makes Wisconsin
rules consistent with Federal rules. EPA proposed to approve this
action on November 9, 2020 and received no adverse comments.

DATES: This final rule is effective on June 7, 2021.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2008-0784. All documents in the docket are listed on
the www.regulations.gov website. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
through www.regulations.gov or at the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays and facility
closures due to COVID-19. We recommend that you telephone Michael
Cloyd, Air Permits Section, at<PHONE_NUMBER> before visiting the
Region 5 office.

FOR FURTHER INFORMATION CONTACT: Michael Cloyd, Air Permits Section,
Air Programs Branch (AR-18J), Environmental Protection Agency, Region
5, 77 West Jackson Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

I. Background Information

    On November 9, 2020 (85 FR 71295), EPA proposed to approve
revisions to Wisconsin's air rules as adopted in the Wisconsin Register
(July 2008, No. 631). An explanation of the Clean Air Act requirements,
a detailed analysis of the revisions, and EPA's reasons for proposing
approval were provided in the notice of proposed rulemaking (NPRM), and
will not be restated here. The public comment period for this proposed
rule ended on December 9, 2020. EPA received no comments on the
proposal.

II. Final Action

    EPA is approving updates and revisions to Wisconsin's air quality
SIP. Specifically, EPA is approving updates to the definition of
``Replacement Unit'' under NR 405.02(12)(b), NR 405.02(25k), and NR
408.02(29s), and is approving a revision to a component of the emission
calculation used to determine emissions under a PAL under NR
405.18(6)(e) and NR 408.11(6)(e).

III. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Wisconsin
Regulations described in the amendments to 40 CFR part 52 set forth
below. EPA has made, and will continue to make, these documents
generally available through www.regulations.gov, and at the EPA Region
5 Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).

IV. 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 Clean Air Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and

the Comptroller General of the United States prior to publication of
the rule in the Federal Register. A major rule cannot take effect until
60 days after it is published in the Federal Register. This action is
not a ``major rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by July 6, 2021. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations.

    Dated: April 29, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.

    For the reasons stated in the preamble, EPA amends 40 CFR part 52
as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

0
2. Section 52.2570 is amended by adding paragraph (c)(143) to read as
follows:

Sec.  52.2570  Identification of plan.

* * * * *
    (c) * * *
    (143) On September 30, 2008 the Wisconsin Department of Natural
Resources submitted a request to revise Wisconsin's air permitting
program. The revisions update the definition of ``Replacement Unit''
and clarify a component of the emission calculation used to determine
emissions under a plantwide applicability limitation.
    (i) Incorporation by reference. (A) Wisconsin Administrative Code,
NR 405.02 Definitions. NR 405.02(12)(b), and NR 405.02(25k), as
published in the Wisconsin Administrative Register July 2008, No. 631,
effective August 1, 2008.
    (B) Wisconsin Administrative Code, NR 405.18 Plant-wide
applicability limitations (PALs), NR 405.18(6)(e), as published in the
Wisconsin Administrative Register July 2008, No. 631, effective August
1, 2008.
    (C) Wisconsin Administrative Code, NR 408.02 Definitions. NR
408.02(29s), as published in the Wisconsin Administrative Register July
2008, No. 631, effective August 1, 2008.
    (D) Wisconsin Administrative Code, NR 408.11 Plant-wide
applicability limitations (PALs), NR 408.11(6)(e), as published in the
Wisconsin Administrative Register July 2008, No. 631, effective August
1, 2008.
    (ii) [Reserved]

[FR Doc. 2021-09419 Filed 5-6-21; 8:45 am]
BILLING CODE 6560-50-P