[Federal Register Volume 86, Number 176 (Wednesday, September 15, 2021)]
[Notices]
[Pages 51415-51418]
[FR Doc No: 2021-19854]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-92909; File No. SR-NYSEARCA-2021-76]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Extending the
Expiration Date of the Temporary Amendments to Rules 9261 and 9830

September 9, 2021.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on August 27, 2021, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes extending the expiration date of the
temporary amendments to Rules 10.9261 and 10.9830 as set forth in SR-
NYSEArca-2020-85 from August 31, 2021, to December 31, 2021, in
conformity with recent changes by the Financial Industry Regulatory
Authority, Inc. (``FINRA''). The proposed rule change would not make
any changes to the text of NYSE Arca Rules 10.9261 and 10.9830. The
proposed rule change is available on the Exchange's website at
www.nyse.com, at the principal office of the Exchange, and at the
Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes extending the expiration date of the
temporary amendments as set forth in SR-NYSEArca-2020-85 \4\ to Rules
10.9261 (Evidence and Procedure in Hearing) and 10.9830 (Hearing) from
August 31, 2021, to December 31, 2021, to harmonize with recent changes
by FINRA to extend the expiration date of the temporary amendments to
its Rules 9261 and 9830. SR-NYSEArca-2020-85 temporarily granted to the
Chief or Deputy Chief Hearing Officer the authority to order that
hearings be conducted by video conference if warranted by public health
risks posed by in-person hearings during the ongoing COVID-19 pandemic.
The proposed rule change would not make any changes to the text of
Exchange Rules 10.9261 and 10.9830.\5\
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    \4\ See Securities Exchange Act Release No. 90088 (October 5,
2020), 85 FR 64186 (October 9, 2020) (SR-NYSEArca-2020-85) (``SR-
NYSEArca-2020-85'').
    \5\ The Exchange may submit a separate rule filing to extend the
expiration date of the proposed extension beyond December 31, 2021
if the Exchange requires additional temporary relief from the rule
requirements identified in SR-NYSEArca-2020-85. The amended NYSE
Arca rules will revert back to their original state at the
conclusion of the temporary relief period and any extension thereof.
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Background
    In 2019, NYSE Arca adopted disciplinary rules based on the text of
the Rule 8000 and Rule 9000 Series of its affiliate NYSE American LLC
(``NYSE American''), with certain changes. The NYSE American
disciplinary rules are, in turn, substantially the same as the Rule
8000 Series and Rule 9000 Series of FINRA and the New York Stock
Exchange LLC.\6\ The NYSE Arca disciplinary rules were implemented on
May 27, 2019.\7\
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    \6\ See Securities Exchange Act Release No. 85639 (April 12,
2019), 84 FR 16346 (April 18, 2019) (SR-NYSEArca-2019-15) (``2019
Notice'').
    \7\ See NYSE Arca Equities RB-19-060 & NYSE Arca Options RB-19-
02 (April 26, 2019).
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    In adopting disciplinary rules modeled on FINRA's rules, NYSE Arca
adopted the hearing and evidentiary processes set forth in Rule 10.9261
and in Rule 10.9830 for hearings in matters involving temporary and
permanent cease and desist orders under the Rule 10.9800 Series. As
adopted, the text of Rule 10.9261 and Rule 10.9830 are substantially
the same as the FINRA rules with certain modifications.\8\
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    \8\ See 2019 Notice, 84 FR at 16365 & 16373-4.
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    In response to the COVID-19 global health crisis and the
corresponding need to restrict in-person activities, on August 31,
2020, FINRA filed with the Commission a proposed rule change for
immediate effectiveness, SR-FINRA-2020-027, which allowed FINRA's
Office of Hearing Officers (``OHO'') to conduct hearings, on a
temporary basis, by video conference, if warranted by the current
COVID-19-related public health risks posed by an in-person hearing.
Among the rules FINRA amended were Rules 9261 and 9830.\9\
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    \9\ See Securities Exchange Act Release No. 89737 (September 2,
2020), 85 FR 55712 (September 9, 2020) (SR-FINRA-2020-027) (``SR-
FINRA-2020-027'').
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    Given that FINRA and OHO administers disciplinary hearings on the
Exchange's behalf, and that the public health concerns addressed by
FINRA's amendments apply equally to Exchange disciplinary hearings, on
September 23, 2020, the Exchange filed to temporarily amend Rule
10.9261 and Rule 10.9830 to permit FINRA to conduct virtual hearings on
its behalf.\10\ In December 2020, FINRA filed a proposed rule change,
SR-FINRA-2020-042, to extend the expiration date of the temporary
amendments in SR-FINRA-2020-027 from December 31, 2020, to April 30,
2021.\11\ On December 22, 2020, the Exchange similarly filed to extend
the temporary amendments to Rule 10.9261 and Rule 10.9830 to April 30,
2021.\12\ On April 1, 2021, FINRA filed a proposed rule change, SR-
FINRA-2021-006, to extend the expiration date of the temporary rule
amendments to, among other rules, FINRA Rule 9261 and 9830 from April
30, 2021, to August 31, 2021.\13\ On April 20, 2021, the Exchange filed
to extend the temporary amendments to Rule 10.9261 and Rule 10.9830 to
August 31, 2021, after which the temporary amendments will expire
absent another proposed rule change filing by the Exchange.\14\
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    \10\ See note 3, supra.
    \11\ See Securities Exchange Act Release No. 90619 (December 9,
2020), 85 FR 81250 (December 15, 2020) (SR-FINRA-2020-042).
    \12\ See Securities Exchange Act Release No. 90820 (December 30,
2020), 86 FR 647 (January 6, 2021) (SR- NYSEArca-2020-116).
    \13\ See Securities Exchange Act Release No. 91495 (April 7,
2021), 86 FR 19306 (April 13, 2021) (SR-FINRA-2021-006).
    \14\ See Securities Exchange Act Release No. 91633 (April 22,
2021), 86 FR 22474 (April 28, 2021) (SR-NYSEArca-2021-27).
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    As outlined in detail below, while there are signs of improvement,
based on FINRA's assessment of current COVID-19 conditions and the lack
of a clear timeframe for a sustained and widespread abatement of COVID-
19-related health concerns and

corresponding restrictions, FINRA determined that there is a continued
need for temporary relief for several months beyond August 31, 2021. On
August 13, 2021, FINRA accordingly filed to extend the expiration date
of the temporary rule amendments to, among other rules, FINRA Rule 9261
and 9830 from August 31, 2021, to December 31, 2021.\15\
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    \15\ See Securities Exchange Act Release No. 92685 (August 17,
2021), 86 FR 47169 (August 23, 2021) (SR-FINRA-2021-019) (``SR-
FINRA-2021-019'').
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Proposed Rule Change
    Consistent with FINRA's recent proposal, the Exchange proposes to
extend the expiration date of the temporary rule amendments to NYSE
Arca Rules 10.9261 and 10.9830 as set forth in SR-NYSEArca-2020-85 from
August 31, 2021, to December 31, 2021.
    As set forth in SR-FINRA 2021-019, while there are signs of
improvement, much uncertainty remains for the coming months. The
emergence of the Delta variant, dissimilar vaccination rates throughout
the United States, and the uptick in transmissions in many locations
indicate that COVID-19 remains an active and real public health
concern. Based on FINRA's assessment of current COVID-19 conditions and
the lack of a clear timeframe for a sustained and widespread abatement
of COVID-19-related health concerns and corresponding restrictions,
FINRA has determined that there is a continued need for this temporary
relief for several months beyond August 31, 2021.\16\ FINRA accordingly
proposed to extend the expiration date of the temporary rule amendments
from August 31, 2021, to December 31, 2021.
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    \16\ See id.
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    The Exchange proposes to similarly extend the expiration date of
the temporary rule amendments to NYSE Arca Rules 10.9261 and 10.9830 as
set forth in SR-NYSEArca-2020-85 from August 31, 2021, to December 31,
2021. The Exchange agrees with FINRA that much uncertainty remains for
the coming months and that, based on the lack of a clear timeframe for
a sustained and widespread abatement of COVID-19-related health
concerns and corresponding restrictions as set forth in SR-FINRA-2021-
019, there is a continued need for temporary relief for several months
beyond August 31, 2021. The proposed change would permit OHO to
continue to assess, based on critical COVID-19 data and criteria and
the guidance of health and security consultants, whether an in-person
hearing would compromise the health and safety of the hearing
participants such that the hearing should proceed by video conference.
As noted in SR-FINRA-2021-019, in deciding whether to schedule a
hearing by video conference, OHO may consider a variety of other
factors in addition to COVID-19 trends. In SR-FINRA-2020-027, FINRA
provided a non-exhaustive list of other factors OHO may take into
consideration, including a hearing participant's individual health
concerns and access to the connectivity and technology necessary to
participate in a video conference hearing.\17\ The Exchange believes
that this is a reasonable procedure to continue to follow for hearings
under Rules 9261 and 9830 chaired by a FINRA employee.
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    \17\ See SR-FINRA-2020-027, 85 FR at 55715, n. 28; SR-FINRA-
2021-019, 86 FR at 47170, n. 13.
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    As noted below, the Exchange has filed the proposed rule change for
immediate effectiveness and has requested that the SEC waive the
requirement that the proposed rule change not become operative for 30
days after the date of the filing, so the Exchange can implement the
proposed rule change immediately.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Act,\18\ in general, and furthers the objectives of Section
6(b)(5),\19\ in particular, because it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, to
remove impediments to, and perfect the mechanism of, a free and open
market and a national market system and, in general, to protect
investors and the public interest. Additionally, the Exchange believes
the proposed rule change is designed to provide a fair procedure for
the disciplining of members and persons associated with members,
consistent with Sections 6(b)(7) and 6(d) of the Act.\20\
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    \18\ 15 U.S.C. 78f(b).
    \19\ 15 U.S.C. 78f(b)(5).
    \20\ 15 U.S.C. 78f(b)(7) & 78f(d).
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    The Exchange believes that the proposed rule change supports the
objectives of the Act by providing greater harmonization between
Exchange rules and FINRA rules of similar purpose, resulting in less
burdensome and more efficient regulatory compliance. As such, the
proposed rule change will foster cooperation and coordination with
persons engaged in facilitating transactions in securities and will
remove impediments to and perfect the mechanism of a free and open
market and a national market system.
    The proposed rule change, which extends the expiration date of the
temporary amendments to Exchange rules consistent with FINRA's
extension to its Rules 9261 and 9830 for four months as set forth in
SR-FINRA-2021-019, will permit the Exchange to continue to effectively
conduct hearings during the COVID-19 pandemic. As noted above and in
SR-FINRA-2021-019, given the current and frequently changing COVID-19
conditions and the uncertainty around when those conditions will see
meaningful, widespread and sustained improvement, without this relief
allowing OHO to proceed by video conference, some or all hearings may
have to be postponed. The ability to conduct hearings by video
conference will permit the adjudicatory functions of the Exchange's
disciplinary rules to continue unabated, thereby avoiding protracted
delays. The Exchange believes that this is especially important in
matters where temporary and permanent cease and desist orders are
sought because the proposed rule change would enable those hearings to
continue to proceed without delay, thereby enabling the Exchange to
continue to take immediate action to stop significant, ongoing customer
harm, to the benefit of the investing public.
    As set forth in detail in the SR-NYSEArca-2020-85, the temporary
relief to permit hearings to be conducted via video conference
maintains fair process and will continue to provide fair process
consistent with Sections 6(b)(7) and 6(d) of the Act \21\ while
striking an appropriate balance between providing fair process and
enabling the Exchange to fulfill its statutory obligations to protect
investors and maintain fair and orderly markets while avoiding the
COVID-19-related public health risks for hearing participants. The
Exchange notes that this proposal, like, like SR-NYSEArca-2020-85,
provides only temporary relief. As proposed, the changes would be in
place through August 31, 2021. As noted in SR-NYSEArca-2020-85 and
above, the amended rules will revert back to their original state at
the conclusion of the temporary relief period and, if applicable, any
extension thereof.
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    \21\ 15 U.S.C. 78f(b)(7) & 78f(d).
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    Accordingly, the proposed rule change extending this temporary
relief is in the public interest and consistent with the Act's purpose.

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

    The Exchange does not believe that the proposed temporary rule
change will impose any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The proposed
rule change is not intended to address competitive issues but is rather
intended solely to provide continued temporary relief given the impacts
of the COVID-19 pandemic and the related health and safety risks of
conducting in-person activities. The Exchange believes that the
proposed rule change will prevent unnecessary impediments to critical
adjudicatory processes and its ability to fulfill its statutory
obligations to protect investors and maintain fair and orderly markets
that would otherwise result if the temporary amendments were to expire
on August 31, 2021.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \22\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\23\
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    \22\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \23\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \24\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\25\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Exchange has
indicated that the proposed rule change to extend the expiration date
will continue to prevent unnecessary impediments to its operations,
including its critical adjudicatory processes, and its ability to
fulfill its statutory obligations to protect investors and maintain
fair and orderly markets that would otherwise result if the temporary
amendments were to expire on August 31, 2021.\26\ Importantly,
extending the relief provided in SR-NYSEArca-2020-85 immediately upon
filing and without a 30-day operative delay will allow the Exchange to
continue critical adjudicatory and review processes in a reasonable and
fair manner and meet its critical investor protection goals, while also
following best practices with respect to the health and safety of
hearing participants.\27\ The Commission also notes that this proposal
extends without change the temporary relief previously provided by SR-
NYSEArca-2020-85.\28\ As proposed, the changes would be in place
through December 31, 2021 and the amended rules will revert back to
their original state at the conclusion of the temporary relief period
and, if applicable, any extension thereof.\29\ For these reasons, the
Commission believes that waiver of the 30-day operative delay for this
proposal is consistent with the protection of investors and the public
interest. Accordingly, the Commission hereby waives the 30-day
operative delay and designates the proposal operative upon filing.\30\
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    \24\ 17 CFR 240.19b-4(f)(6).
    \25\ 17 CFR 240.19b-4(f)(6)(iii).
    \26\ See supra Item II.
    \27\ See FINRA Filing, 86 FR at 47171 (noting the same in
granting FINRA's request to waive the 30-day operative delay so that
SR-FINRA-2021-019 would become operative immediately upon filing).
    \28\ See supra note 4.
    \29\ See supra note 5. As noted above, the Exchange states that
if it requires temporary relief from the rule requirements
identified in this proposal beyond December 31, 2021, it may submit
a separate rule filing to extend the effectiveness of the temporary
relief under these rules.
    \30\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule change's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2021-76 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2021-76. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEArca-2021-76 and should
be submitted on or before October 6, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\31\
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    \31\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-19854 Filed 9-14-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 121 (Friday, June 22, 2018)]
[Proposed Rules]
[Pages 29085-29087]
[FR Doc No: 2018-13452]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-R03-OAR-2018-0304; FRL-9979-70--Region 3]

Commonwealth of Pennsylvania; Allegheny County Health Department,
Withdrawal of Section 112(l) Delegation Authority for the Chemical
Accident Prevention Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Environmental Protection Agency (EPA) is notifying the public
that Allegheny County Health Department (ACHD) has completed the
regulatory process for voluntary withdrawal from EPA's delegation of
authority to enforce the chemical accident prevention regulations, and
EPA is proposing to modify amendments indicating that ACHD does not
have delegated authority to implement and enforce the regulatory
requirements. EPA is also notifying the public that each facility
subject to the previously approved ACHD delegated chemical accident
prevention program is required to maintain continuous compliance with
applicable requirements. This action is being taken under the Clean Air
Act (CAA).

DATES: Written comments must be received on or before July 23, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2018-0304 at https://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from

Regulations.gov. For either manner of submission, EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be confidential business information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Mary Cate Opila,<PHONE_NUMBER>, or by
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Section 112(l) of the Clean Air Act (CAA) and 40 CFR part 63,
subpart E, authorizes EPA to approve of State, and local, rules and
programs to be implemented and enforced in place of certain CAA
requirements, including the chemical accident prevention provisions set
forth at 40 CFR part 68 (Chemical Accident Prevention Regulations). EPA
promulgated the Chemical Accident Prevention Regulations (or risk
management program (RMP) regulations) (RMP regulations) pursuant to CAA
Section 112(r)(7). By letter dated June 15, 2001, ACHD requested
delegation of authority to implement and enforce the RMP regulations
for all sources, among other requests for delegation of other programs.
On January 30, 2002, EPA issued a direct final rule, which became
effective on April 1, 2002, approving ACHD's request for delegation of
authority to implement and enforce EPA's RMP regulations, which had
been adopted by reference from 40 CFR part 68, for all sources within
Allegheny County, Pennsylvania, subject to such regulations. See 67 FR
4363 (January 30, 2002).
    The procedures for a State, or local authority, to voluntarily
withdraw from a CAA approved rule, program or portion of a rule or
program are set forth at 40 CFR 63.96(b)(7). In summary, these
regulations and relevant EPA guidance provide that a State, or local
authority, may unilaterally and voluntarily withdraw from an approved
delegated program by notifying EPA and all affected sources of its
intent to withdraw and the specific requirements subject to such
withdrawal. Any such withdrawal is not effective sooner than 180 days
after such notification to EPA. The State, or local authority, must
also provide notice and opportunity for comment to the public. To the
extent that any source that is affected by the withdrawal is also
subject to a CAA operating permit issued pursuant to 40 CFR part 70,
the State, or local authority, must reopen and revise such permit to
the extent necessary.

II. EPA Analysis

    By letter dated July 28, 2017, ACHD notified EPA Region III of its
intent to voluntarily withdraw from EPA's delegation of authority to
enforce the RMP regulations. By letter dated November 9, 2017, ACHD
notified EPA Region III that ACHD announced a public comment period to
take comment on ACHD's voluntary withdrawal from EPA's delegation of
authority to enforce the RMP regulations. The public comment period
extended from November 10, 2017 to December 10, 2017. During this
public comment period, ACHD did not receive any comments in response to
the public comment notification. ACHD provided all applicable
facilities with written notice that ACHD is voluntarily withdrawing
from EPA's delegation of authority to enforce the RMP regulations set
forth at 40 CFR part 68.
    Pursuant to 40 CFR 63.96(b)(7), ACHD has determined which
facilities, located in Allegheny County, are subject to the RMP
regulations and have effective CAA Title V operating permits in
accordance with 40 CFR part 70. Sixteen facilities within Allegheny
County have submitted risk management plans to EPA and ACHD has issued
Title V operating permits to 28 currently operating facilities. ACHD
Title V operating permits incorporate the RMP regulations, set forth at
40 CFR part 68, by reference. Therefore, each facility, located in
Allegheny County, Pennsylvania, that is subject to the RMP regulations
and has an effective Title V operating permit has been issued a Title V
permit which includes the proper citation to any applicable RMP
regulation.
    Upon a State's or local authority's voluntary withdrawal of a
delegated program, in accordance with 40 CFR 63.96(b)(7), EPA is
required to publish a time for sources subject to the previously
approved State, or local, rule or program to come into compliance with
applicable Federal requirements. Because, as part of its previously
approved delegated program, ACHD incorporated the RMP regulations by
reference, there is no distinction between ACHD's previously approved
delegated program for implementing the requirements set forth at 40 CFR
part 68 and the applicable Federal requirements set forth at 40 CFR
part 68. Furthermore, EPA's delegation of authority to implement the
requirements set forth at 40 CFR part 68 to ACHD stated in relevant
part: ``Although ACHD has primary authority and responsibility to
implement and enforce the . . . chemical accident prevention
provisions, nothing shall preclude, limit, or interfere with the
authority of EPA to exercise its enforcement, investigatory, and
information gathering authorities concerning this part of the Act.''
See 67 FR 4366 (January 30, 2002). Therefore, all facilities located in
Allegheny County, Pennsylvania, subject to any requirement set forth at
40 CFR part 68 shall maintain continuous compliance with such
requirement.

III. Proposed Action

    EPA's review of this material indicates that ACHD has completed the
regulatorily mandated process, set forth at 40 CFR 63.96(b)(7), for
voluntary withdrawal from EPA's delegation of authority to enforce the
Chemical Accident Prevention regulations set forth at 40 CFR part 68.
EPA is proposing to modify 40 CFR 63.99(a)(39)(v) to indicate ACHD's
withdrawal from EPA's delegation of authority to enforce the chemical
accident prevention provisions set forth at 40 CFR part 68. EPA is
soliciting public comments on the issues discussed in this document.
These comments will be considered before taking final action.

IV. Statutory and Executive Order Reviews

    This action notifies the public that ACHD has completed the process
for voluntary withdrawal from EPA's delegation of authority to enforce
the chemical accident prevention provisions set forth at 40 CFR part
68, and the action proposes to update 40 CFR 63.99(a)(39)(v) to
indicate the withdrawal. The proposed action does not impose additional
requirements beyond those imposed by state and federal law. For that
reason, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office

of Management and Budget under Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     is not an Executive Order 13771 regulatory action because
this action is not significant under Executive Order 12866.
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rule to modify 40 CFR 63.99(a)(39)(v) to
indicate ACHD's voluntary withdrawal from EPA's delegation of authority
to enforce the chemical accident prevention provisions set forth at 40
CFR part 68, does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because the
action does to apply in Indian country located in the state, and EPA
notes that it will not impose substantial direct costs on tribal
governments or preempt tribal law.

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Incorporation by
reference, Intergovernmental relations, Paper and paper products
industry, Reporting and recordkeeping requirements.

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

    Dated: June 12, 2018.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2018-13452 Filed 6-21-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 226 (Wednesday, November 23, 2016)]
[Notices]
[Pages 84571-84572]
[FR Doc No: 2016-28166]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 3442-026]

Mine Falls Limited Partnership; City of Nashua; Notice of
Application for Transfer of License and Soliciting Comments, Motions To
Intervene, and Protests

    On November 4, 2016, Mine Falls Limited Partnership, co-licensee
(transferor) and City of Nashua, co-licensee (transferor) filed an
application to partially transfer the license for the Mine Falls
Project No. 3442. The project is located on the Nashua River in
Hillsborough County, New Hampshire. The project does not occupy Federal
lands.
    The applicants seek Commission approval to transfer the license for
the Mine Falls Project from Mine Falls Limited Partnership and City of
Nashua as co-licensees to City of Nashua as the sole licensee.
    Applicants Contact: For transferor: Mr. Bernard H. Cherry, Mine
Falls Limited Partnership, c/o Eagle Creek Renewable Energy, LLC, 65
Madison Avenue, Morristown, NJ 07960, Phone:<PHONE_NUMBER>, Email:
<EMAIL_ADDRESS>and Mr. Donald H. Clarke and Mr. Joshua E.
Adrian, Duncan, Weinberg, Genzer & Pembroke, P.C., 1615 M Street NW.,
Suite 800, Washington, DC 20036, Phone:<PHONE_NUMBER>, Emails:
<EMAIL_ADDRESS>and<EMAIL_ADDRESS>For transferor/transferee: Mr. James
Donchess, Mayor, City of Nashua, 229 Main Street, Nashua, NH 03060,
Phone:<PHONE_NUMBER>, Email<EMAIL_ADDRESS>and Ms. Madeleine
Mineau, Waterways Manager, City of Nashua, 229 Main Street, P.O. Box
2019, Nashua, NH 03060, Phone:<PHONE_NUMBER>, Email:
<EMAIL_ADDRESS>    FERC Contact: Patricia W. Gillis,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    Deadline for filing comments, motions to intervene, and protests:
30 days from the date that the Commission issues this notice. The
Commission strongly encourages electronic filing. Please file

comments, motions to intervene, and protests 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<PHONE_NUMBER> (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-3442-026.

    Dated: November 16, 2016.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2016-28166 Filed 11-22-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 149 (Monday, August 3, 2020)]
[Notices]
[Pages 46615-46616]
[FR Doc No: 2020-16809]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER19-1575-003; ER10-3050-005; ER14-2871-014; ER16-
182-009; ER20-71-001; ER20-72-001; ER17-1785-004; ER20-74-001; ER16-
1130-007; ER16-1131-007; ER16-1132-007; ER17-47-006; ER19-1658-002;
ER17-1574-004; ER10-3245-011; ER10-3249-011; ER10-3250-011; ER18-2241-
002; ER19-426-002; ER19-427-002; ER19-1660-002; ER19-1662-002; ER20-75-
001; ER10-2488-019; ER15-621-013; ER20-77-001; ER19-1663-002; ER19-
1664-002; ER19-1665-002; ER11-2639-012; ER15-622-013; ER10-3052-004 ;
ER15-463-013; ER16-72-009; ER20-78-001; ER20-76-002; ER19-1666-002;
ER18-2013-003; ER15-110-013; ER17-48-007; ER19-1667-002; ER19-274-001;
ER13-1586-015; ER10-1992-021; ER16-902-006; ER18-47-005; ER20-79-001;
ER16-1129-007; ER10-3053-005; ER18-2240-002.
    Applicants: Alta Oak Realty, LLC, Cabazon Wind Partners, LLC,
Cameron Ridge, LLC, Cameron Ridge II, LLC, Coachella Hills Wind, LLC,
Coachella Wind Holdings, LLC, Coachella Wind, LLC, Desert Hot Springs,
LLC, DifWind Farms Limited II, DifWind Farms Limited V, DifWind Farms
LTD VI, Dutch Wind, LLC,EUI Affiliate LLC, Foote Creek II, LLC, Foote
Creek III, LLC, Foote Creek IV, LLC, Garnet Wind, LLC, Luz Solar
Partners VIII, Ltd., Luz Solar Partners IX, Ltd., Mojave 3/4/5 LLC,
Mojave 16/17/18 LLC, Oasis Alta, LLC, Oasis Power Partners, LLC,
Pacific Crest Power, LLC, Painted Hills Wind Holdings, LLC, PHWD
Affiliate LLC, Refresh Wind, LLC, Refresh Wind 2, LLC, Ridge Crest Wind
Partners, LLC, Ridgetop Energy, LLC, Rock River I, LLC, San Gorgonio
Westwinds II, LLC, San Jacinto Wind II, LLC, Tehachapi Plains Wind,
LLC, Terra-Gen 251 Wind, LLC, Terra-Gen Dixie Valley, LLC, Terra-Gen
Energy Services, LLC, Terra-Gen Mojave Windfarms, LLC, Terra-Gen VG
Wind, LLC, TG High Prairie, LLC, TGP Energy Management, LLC, Victory
Garden Phase IV, LLC, Voyager Wind I, LLC, Voyager Wind II, LLC,
Voyager Wind IV Expansion, LLC, Whitewater Hill Wind Partners, LLC, VPI
Enterprises, LLC, Yavi Energy, LLC, DifWind Farms Limited I, San
Gorgonio Westwinds II--Windustries, LLC.
    Description: Notice of Non-Material Change in Status of Alta Oak
Realty, LLC, et al.
    Filed Date: 7/27/20.
    Accession Number: 20200727-5185.
    Comments Due: 5 p.m. ET 8/17/20.

    Docket Numbers: ER19-1643-001.
    Applicants: Hopewell Power Generation, LLC.
    Description: Report Filing: Refund report to be effective N/A.
    Filed Date: 7/27/20.
    Accession Number: 20200727-5157.
    Comments Due: 5 p.m. ET 8/17/20.

    Docket Numbers: ER20-529-003.
    Applicants: Wilderness Line Holdings, LLC.
    Description: Tariff Amendment: Executed Windstar LGIA & TSA to be
effective 6/30/2020.
    Filed Date: 7/27/20.
    Accession Number: 20200727-5131.
    Comments Due: 5 p.m. ET 8/17/20.

    Docket Numbers: ER20-1921-001.
    Applicants: Southwest Power Pool, Inc.
    Description: Tariff Amendment: Amended Filing--Revisions to
Attachment AF to Clarify Market Mitigation Process to be effective 8/3/
2020.
    Filed Date: 7/28/20.
    Accession Number: 20200728-5055.
    Comments Due: 5 p.m. ET 8/18/20.

    Docket Numbers: ER20-1939-000.
    Applicants: Calpine Northeast Development, LLC.
    Description: Amendment to May 29, 2020 Calpine Northeast
Development, LLC tariff filing.
    Filed Date: 7/27/20.
    Accession Number: 20200727-5173.
    Comments Due: 5 p.m. ET 8/6/20.

    Docket Numbers: ER20-2508-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original ISA, SA #5699;
Queue #AF1-178; Cancel ISA, SA #3039; Queue #W2-075 to be effective 6/
30/2020.
    Filed Date: 7/27/20.
    Accession Number: 20200727-5130.
    Comments Due: 5 p.m. ET 8/17/20.

    Docket Numbers: ER20-2509-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original ISA, SA No. 5690;
Queue No. AF1-184 to be effective 6/30/2020.
    Filed Date: 7/27/20.
    Accession Number: 20200727-5140.
    Comments Due: 5 p.m. ET 8/17/20.

    Docket Numbers: ER20-2510-000.
    Applicants: Odom Solar LLC.
    Description: Baseline eTariff Filing: MBR Application to be
effective 9/25/2020.
    Filed Date: 7/27/20.
    Accession Number: 20200727-5162.
    Comments Due: 5 p.m. ET 8/17/20.

    Docket Numbers: ER20-2511-000.
    Applicants: ISO New England Inc., New England Power Pool
Participants Committee.
    Description: Sec.  205(d) Rate Filing: ISO-NE & NEPOOL; Addition of
30 Min. to Day-Ahead Energy Mkt Submission Window to be effective 9/30/
2020.
    Filed Date: 7/27/20.
    Accession Number: 20200727-5163.
    Comments Due: 5 p.m. ET 8/17/20.

    Docket Numbers: ER20-2512-000.
    Applicants: SR Baxley, LLC.
    Description: Baseline eTariff Filing: MBR Application to be
effective 9/25/2020.
    Filed Date: 7/27/20.
    Accession Number: 20200727-5164.
    Comments Due: 5 p.m. ET 8/17/20.

    Docket Numbers: ER20-2513-000.
    Applicants: Tri-State Generation and Transmission Association, Inc.
    Description: Sec.  205(d) Rate Filing: Amendment to Tri-State Rate
Schedule No. 113 to be effective 7/28/2020.
    Filed Date: 7/27/20.
    Accession Number: 20200727-5165.
    Comments Due: 5 p.m. ET 8/17/20.

    Docket Numbers: ER20-2514-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original ISA, SA No. 5686;
Queue No. AF1-187 to be effective 6/29/2020.
    Filed Date: 7/27/20.
    Accession Number: 20200727-5166.
    Comments Due: 5 p.m. ET 8/17/20.

    Docket Numbers: ER20-2515-000.
    Applicants: SR Georgia Portfolio I MT, LLC.

    Description: Baseline eTariff Filing: MBR Application to be
effective 9/25/2020.
    Filed Date: 7/27/20.
    Accession Number: 20200727-5167.
    Comments Due: 5 p.m. ET 8/17/20.

    Docket Numbers: ER20-2516-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: Tariff Clean-Up Filing
Effective 20200701 to be effective 7/1/2020.
    Filed Date: 7/28/20.
    Accession Number: 20200728-5046.
    Comments Due: 5 p.m. ET 8/18/20.

    Docket Numbers: ER20-2517-000.
    Applicants: Northern Colorado Interconnect, LLC.
    Description: Baseline eTariff Filing: NorCol Interconnect, NorCol &
NorCol II SFA to be effective 8/28/2020.
    Filed Date: 7/28/20.
    Accession Number: 20200728-5053.
    Comments Due: 5 p.m. ET 8/18/20.

    Docket Numbers: ER20-2518-000.
    Applicants: New England Power Pool Participants Committee, ISO New
England Inc.
    Description: Sec.  205(d) Rate Filing: ISO-NE & NEPOOL; Revisions
to ISO Information Policy Re: Defaulting Participants to be effective
10/1/2020.
    Filed Date: 7/28/20.
    Accession Number: 20200728-5065.
    Comments Due: 5 p.m. ET 8/18/20.

    Docket Numbers: ER20-2519-000.
    Applicants: East Line Solar, LLC.
    Description: Baseline eTariff Filing: East Line Solar, LLC MBR
Tariff to be effective 7/29/2020.
    Filed Date: 7/28/20.
    Accession Number: 20200728-5076.
    Comments Due: 5 p.m. ET 8/18/20.

    Docket Numbers: ER20-2520-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original ISA, SA No. 5692;
Queue No. AF1-198 to be effective 6/30/2020.
    Filed Date: 7/28/20.
    Accession Number: 20200728-5084.
    Comments Due: 5 p.m. ET 8/18/20.

    Docket Numbers: ER20-2521-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original ISA, SA No. 5689;
Queue No. AF1-193 to be effective 6/29/2020.
    Filed Date: 7/28/20.
    Accession Number: 20200728-5091.
    Comments Due: 5 p.m. ET 8/18/20.

    Docket Numbers: ER20-2522-000.
    Applicants: Duke Energy Florida, LLC.
    Description: Sec.  205(d) Rate Filing: DEF--Bartow Amended and
Restated NITSA SA-145 to be effective 10/1/2020.
    Filed Date: 7/28/20.
    Accession Number: 20200728-5092.
    Comments Due: 5 p.m. ET 8/18/20.

    Docket Numbers: ER20-2523-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original WMPA SA No. 5722;
Queue No AF1-210 to be effective 6/30/2020.
    Filed Date: 7/28/20.
    Accession Number: 20200728-5093.
    Comments Due: 5 p.m. ET 8/18/20.

    Docket Numbers: ER20-2524-000.
    Applicants: Weaver Wind, LLC.
    Description: Baseline eTariff Filing: Market-Based Rate Application
to be effective 9/27/2020.
    Filed Date: 7/28/20.
    Accession Number: 20200728-5095.
    Comments Due: 5 p.m. ET 8/18/20.

    Docket Numbers: ER20-2525-000.
    Applicants: Westlands Transmission, LLC.
    Description: Baseline eTariff Filing: Rate Schedule FERC No. 1,
Transmission Service Agreement to be effective 9/28/2020.
    Filed Date: 7/28/20.
    Accession Number: 20200728-5096.
    Comments Due: 5 p.m. ET 8/18/20.

    Docket Numbers: ER20-2526-000.
    Applicants: Weaver Wind Maine Master Tenant, LLC.
    Description: Baseline eTariff Filing: Market-Based Rate Application
to be effective 9/27/2020.
    Filed Date: 7/28/20.
    Accession Number: 20200728-5099.
    Comments Due: 5 p.m. ET 8/18/20.

    Take notice that the Commission received the following foreign
utility company status filings:

    Docket Numbers: FC20-12-000.
    Applicants: I Squared Capital.
    Description: Self-Certification of FC of I Squared Capital.
    Filed Date: 7/27/20.
    Accession Number: 20200727-5139.
    Comments Due: 5 p.m. ET 8/17/20.

    Docket Numbers: FC20-13-000.
    Applicants: I Squared Capital.
    Description: Self-Certification of FC of I Squared Capital.
    Filed Date: 7/27/20.
    Accession Number: 20200727-5144.
    Comments Due: 5 p.m. ET 8/17/20.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at:
    http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other
information, call<PHONE_NUMBER> (toll free). For TTY, call (202) 502-
8659.

    Dated: July 28, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-16809 Filed 7-31-20; 8:45 am]
BILLING CODE 6717-01-P


Subpart G—Significant New Alternatives Policy Program

Source:   59 FR 13147, Mar. 18, 1994, unless otherwise noted.

§ 82.170   Purpose and scope.

(a) The purpose of these regulations in this subpart is to implement
section 612 of the Clean Air Act, as amended, regarding the safe
alternatives policy on the acceptability of substitutes for
ozone-depleting compounds. This program will henceforth be referred to
as the “Significant New Alternatives Policy” (SNAP) program. The
objectives of this program are to identify substitutes for
ozone-depleting compounds, to evaluate the acceptability of those
substitutes, to promote the use of those substitutes believed to present
lower overall risks to human health and the environment, relative to the
class I and class II compounds being replaced, as well as to other
substitutes for the same end-use, and to prohibit the use of those
substitutes found, based on the same comparisons, to increase overall
risks.

(b) The regulations in this subpart describe persons and substitutes
subject to reporting requirements under the SNAP program and explain
preparation and submission of notices and petitions on substitutes. The
regulations also establish Agency procedures for reviewing and
processing EPA's determinations regarding notices and petitions on
substitutes. Finally, the regulations prohibit the use of alternatives
which EPA has determined may have adverse effects on human health or the
environment where EPA has identified alternatives in particular
industrial use sectors that on an overall basis, reduce risk to human
health and the environment and are currently or potentially available.
EPA will only prohibit substitutes where it has identified other
substitutes for a specific application that are acceptable and are
currently or potentially available.

(c) Notifications, petitions and other materials requested shall be sent
to: SNAP Document Control Officer, U.S. Environmental Protection Agency
(6205–J), 1200 Pennsylvania Ave., NW., Washington, DC 20460.

§ 82.172   Definitions.

Act means the Clean Air Act, as amended, 42 U.S.C. 7401 et seq.

Agency means the U.S. Environmental Protection Agency.

Application means a specific use within a major industrial sector
end-use.

Class I or class II means the specific ozone-depleting compounds
described in section 602 of the Act.

Decision means any final determination made by the Agency under section
612 of the Act on the acceptability or unacceptability of a substitute
for a class I or II compound.

EPA means the U.S. Environmental Protection Agency.

End-use means processes or classes of specific applications within major
industrial sectors where a substitute is used to replace an
ozone-depleting substance.

Formulator means any person engaged in the preparation or formulation of
a substitute, after chemical manufacture of the substitute or its
components, for distribution or use in commerce.

Health and safety study or study means any study of any effect of a
substitute or its components on health and safety, or the environment or
both, including underlying data and epidemiological studies, studies of
occupational, ambient, and consumer exposure to a substitute,
toxicological, clinical, and ecological, or other studies of a
substitute and its components, and any other pertinent test. Chemical
identity is always part of a health and safety study. Information which
arises as a result of a formal, disciplined study is included in the
definition. Also included is information relating to the effects of a
substitute or its components on health or the environment. Any available
data that bear on the effects of a substitute or its components on
health or the environment would be included. Examples include:

(1) Long- and short-term tests of mutagenicity, carcinogenicity, or
teratogenicity; data on behavioral disorders; dermatoxicity;
pharmacological effects; mammalian absorption, distribution, metabolism,
and excretion; cumulative, additive, and synergistic effects; acute,
subchronic, and chronic effects; and structure/activity analyses;

(2) Tests for ecological or other environmental effects on
invertebrates, fish, or other animals, and plants, including: Acute
toxicity tests, chronic toxicity tests, critical life stage tests,
behavioral tests, algal growth tests, seed germination tests, microbial
function tests, bioconcentration or bioaccumulation tests, and model
ecosystem (microcosm) studies;

(3) Assessments of human and environmental exposure, including workplace
exposure, and effects of a particular substitute on the environment,
including surveys, tests, and studies of: Biological, photochemical, and
chemical degradation; air, water and soil transport; biomagnification
and bioconcentration; and chemical and physical properties, e.g.,
atmospheric lifetime, boiling point, vapor pressure, evaporation rates
from soil and water, octanol/water partition coefficient, and water
solubility;

(4) Monitoring data, when they have been aggregated and analyzed to
measure the exposure of humans or the environment to a substitute; and

(5) Any assessments of risk to health or the environment resulting from
the manufacture, processing, distribution in commerce, use, or disposal
of the substitute or its components.

Importer means any person who imports a chemical substitute into the
United States. Importer includes the person primarily liable for the
payment of any duties on the merchandise or an authorized agent acting
on his or her behalf. The term also includes, as appropriate:

(1) The consignee;

(2) The importer of record;

(3) The actual owner; and

(4) The transferee, if the right to draw merchandise in a bonded
warehouse has been transferred.

Major Industrial Use Sector or Sector means an industrial category which
EPA has reviewed under the SNAP program with historically high
consumption patterns of ozone-depleting substances, including:
Refrigeration and air conditioning; foam-blowing; fire suppression and
explosion protection; solvents cleaning; aerosols; sterilants; tobacco
expansion; pesticides; and adhesives, coatings and inks sectors.

Manufacturer means any person engaged in the direct manufacture of a
substitute.

Mixture means any mixture or blend of two or more compounds.

Person includes an individual, corporation, partnership, association,
state, municipality, political subdivision of a state, and any agency,
department, or instrumentality of the United States and any officer,
agent, or employee of such entities.

Pesticide has the meaning contained in the Federal Insecticide,
Fungicide, and Rodenticide Act, 7 U.S.C. 136 et seq. and the regulations
issued under it.

Potentially available is defined as any alternative for which adequate
health, safety, and environmental data, as required for the SNAP
notification process, exist to make a determination of acceptability,
and which the Agency reasonably believes to be technically feasible,
even if not all testing has yet been completed and the alternative is
not yet produced or sold.

Premanufacture Notice (PMN) Program has the meaning described in 40 CFR
part 720, subpart A promulgated under the Toxic Substances Control Act,
15 U.S.C. 2601 et seq.

Producer means any person who manufactures, formulates or otherwise
creates a substitute in its final form for distribution or use in
interstate commerce.

Research and development means quantities of a substitute manufactured,
imported, or processed or proposed to be manufactured, imported, or
processed solely for research and development.

Residential use means use by a private individual of a chemical
substance or any product containing the chemical substance in or around
a permanent or temporary household, during recreation, or for any
personal use or enjoyment. Use within a household for commercial or
medical applications is not included in this definition, nor is use in
automobiles, watercraft, or aircraft.

Significant new use means use of a new or existing substitute in a major
industrial use sector as a result of the phaseout of ozone-depleting
compounds.

Small uses means any use of a substitute in a sector other than a major
industrial use sector, or production by any producer for use of a
substitute in a major industrial sector of 10,000 lbs. or less per year.

Substitute or alternative means any chemical, product substitute, or
alternative manufacturing process, whether existing or new, intended for
use as a replacement for a class I or II compound.

Test marketing means the distribution in interstate commerce of a
substitute to no more than a limited, defined number of potential
customers to explore market viability in a competitive situation.
Testing must be restricted to a defined testing period before the
broader distribution of that substitute in interstate commerce.

Use means any use of a substitute for a Class I or Class II
ozone-depleting compound, including but not limited to use in a
manufacturing process or product, in consumption by the end-user, or in
intermediate uses, such as formulation or packaging for other subsequent
uses.

Use restrictions means restrictions on the use of a substitute imposing
either conditions on how the substitute can be used across a sector
end-use or limits on the end-uses or specific applications where it can
be used within a sector.

§ 82.174   Prohibitions.

(a) No person may introduce a new substitute into interstate commerce
before the expiration of 90 days after a notice is initially submitted
to EPA under §82.176(a).

(b) No person may use a substitute which a person knows or has reason to
know was manufactured, processed or imported in violation of the
regulations in this subpart, or knows or has reason to know was
manufactured, processed or imported in violation of any use restriction
in the acceptability determination, after the effective date of any
rulemaking imposing such restrictions.

(c) No person may use a substitute without adhering to any use
restrictions set by the acceptability decision, after the effective date
of any rulemaking imposing such restrictions.

(d) No person may use a substitute after the effective date of any
rulemaking adding such substitute to the list of unacceptable
substitutes.

(e) Rules Stayed for Reconsideration. Notwithstanding any other
provision of this subpart, the effectiveness of subpart G is stayed from
December 8, 1994, to March 8, 1995, only as applied to use of
substitutes for export.

[59 FR 13147, Mar. 18, 1994, as amended at 59 FR 63256, Dec. 8, 1994; 60
FR 3303, Jan. 13, 1995]

§ 82.176   Applicability.

(a) Any producer of a new substitute must submit a notice of intent to
introduce a substitute into interstate commerce 90 days prior to such
introduction. Any producer of an existing substitute already in
interstate commerce must submit a notice as of July 18, 1994, if such
substitute has not already been reviewed and approved by the Agency.

(b) With respect to the following substitutes, producers are exempt from
notification requirements:

(1) Substitutes already listed as acceptable. Producers need not submit
notices on substitutes that are already listed as acceptable under SNAP.

(2) Small sectors. Persons using substitutes in sectors other than the
nine principal sectors reviewed under this program are exempt from the
notification requirements. This exemption shall not be construed to
nullify an unacceptability determination or to allow use of an otherwise
unacceptable substitute.

(3) Small volume use within SNAP sectors. Within the nine principal SNAP
sectors, persons introducing a substitute whose expected volume of use
amounts to less than 10,000 lbs. per year within a SNAP sector are
exempt from notification requirements. This exemption shall not be
construed to allow use of an otherwise unacceptable substitute in any
quantity. Persons taking advantage of this exemption for small uses must
maintain documentation for each substitute describing how the substitute
meets this small use definition. This documentation must include annual
production and sales information by sector.

(4) Research and development. Production of substitutes for the sole
purpose of research and development is exempt from reporting
requirements.

(5) Test marketing. Use of substitutes for the sole purpose of test
marketing is exempt from SNAP notification requirements until 90 days
prior to the introduction of such substitutes for full-scale commercial
sale in interstate commerce. Persons taking advantage of this exemption
are, however, required to notify the Agency in writing that they are
conducting test marketing 30 days prior to the commencement of such
marketing. Notification shall include the name of the substitute, the
volume used in the test marketing, intended sector end-uses, and
expected duration of the test marketing period.

(6) Formulation changes. In cases where replacement of class I or II
compounds causes formulators to change other components in a product,
formulators are exempt from reporting with respect to these auxiliary
formulation changes. However, the SNAP submitter is required to notify
the Agency if such changes are expected to significantly increase the
environmental and human health risk associated with the use of any class
I or class II substitute.

(7) Substitutes used as feedstocks. Producers of substitutes used as
feedstocks which are largely or entirely consumed, transformed or
destroyed in the manufacturing or use process are exempt from reporting
requirements concerning such substitutes.

(c) Use of a substitute in the possession of an end-user as of March 18,
1994, listed as unacceptable or acceptable subject to narrowed use
limits may continue until the individual end-users' existing supply, as
of that date, of the substitute is exhausted. Use of substitutes
purchased after March 18, 1994, is not permitted subsequent to April 18,
1994.

§ 82.178   Information required to be submitted.

(a) Persons whose substitutes are subject to reporting requirements
pursuant to §82.176 must provide the following information:

(1) Name and description of the substitute. The substitute should be
identified by its: Chemical name; trade name(s); identification numbers;
chemical formula; and chemical structure.

(2) Physical and chemical information. The substitute should be
characterized by its key properties including but not limited to:
Molecular weight; physical state; melting point; boiling point; density;
taste and/or odor threshold; solubility; partition coefficients (Log
Kow, Log Koc); atmospheric lifetime and vapor pressure.

(3) Substitute applications. Identification of the applications within
each sector end-use in which the substitutes are likely to be used.

(4) Process description. For each application identified, descriptive
data on processing, including in-place pollution controls.

(5) Ozone depletion potential. The predicted 100-year ozone depletion
potential (ODP) of substitute chemicals. The submitter must also provide
supporting documentation or references.

(6) Global warming impacts. Data on the total global warming potential
of the substitute, including information on the GWP index and the
indirect contributions to global warming caused by the production or use
of the substitute (e.g., changes in energy efficiency). GWP must be
calculated over a 100, 500 and 1000-year integrated time horizon.

(7) Toxicity data. Health and safety studies on the effects of a
substitute, its components, its impurities, and its degradation products
on any organism (e.g., humans, mammals, fish, wildlife, and plants). For
tests on mammals, the Agency requires a minimum submission of the
following tests to characterize substitute risks: A range-finding study
that considers the appropriate exposure pathway for the specific use
(e.g., oral ingestion, inhalation, etc.), and a 90-day subchronic
repeated dose study in an appropriate rodent species. For certain
substitutes, a cardiotoxicity study is also required. Additional
mammalian toxicity tests may be identified based on the substitute and
application in question. To sufficiently characterize aquatic toxicity
concerns, both acute and chronic toxicity data for a variety of species
are required. For this purpose, the Agency requires a minimum data set
as described in “Guidelines for Deriving Numerical National Water
Quality Criteria for the Protection of Aquatic Organisms and their
Uses,” which is available through the National Technical Information
Service (#PB 85–227049). Other relevant information and data
summaries, such as the Material Safety Data Sheets (MSDS), should also
be submitted. To assist in locating any studies previously submitted to
EPA and referred to, but not included in a SNAP submission, the
submitter must provide citations for the date, type of submission, and
EPA Office to which they were submitted, to help EPA locate these
quickly.

(8) Environmental fate and transport. Where available, information must
be submitted on the environmental fate and transport of substitutes.
Such data shall include information on bioaccumulation, biodegradation,
adsorption, volatility, transformation, and other data necessary to
characterize movement and reaction of substitutes in the environment.

(9) Flammability. Data on the flammability of a substitute chemical or
mixture are required. Specifically, the flash point and flammability
limits are needed, as well as information on the procedures used for
determining the flammability limits. Testing of blends should identify
the compositions for which the blend itself is flammable and include
fractionation data on changes in the composition of the blend during
various leak scenarios. For substitutes that will be used in consumer
applications, documentation of testing results conducted by independent
laboratories should be submitted, where available. If a substitute is
flammable, the submitter must analyze the risk of fire resulting from
the use of such a substitute and assess the effectiveness of measures to
minimize such risk.

(10) Exposure data. Available modeling or monitoring data on exposures
associated with the manufacture, formulation, transport, use and
disposal of a substitute. Descriptive process information for each
substitute application, as described above, will be used to develop
exposure estimates where exposure data are not readily available.
Depending on the application, exposure profiles may be needed for
workers, consumers, and the general population.

(11) Environmental release data. Data on emissions from the substitute
application and equipment, as well as on pollutant releases or discharge
to all environmental media. Submitters should provide information on
release locations, and data on the quantities, including volume, of
anticipated waste associated with the use of the substitute. In
addition, information on anticipated waste management practices
associated with the use of the substitute. Any available information on
any pollution controls used or that could be used in association with
the substitute (e.g., emissions reduction technologies, wastewater
treatment, treatment of hazardous waste) and the costs of such
technology must also be submitted.

(12) Replacement ratio for a chemical substitute. Information on the
replacement ratio for a chemical substitute versus the class I or II
substances being replaced. The term “replacement ratio” means how
much of a substitute must be used to replace a given quantity of the
class I or II substance being replaced.

(13) Required changes in use technology. Detail on the changes in
technology needed to use the alternative. Such information should
include a description of whether the substitute can be used in existing
equipment—with or without some retrofit—or only in new equipment.
Data on the cost (capital and operating expenditures) and estimated life
of any technology modifications should also be submitted.

(14) Cost of substitute. Data on the expected average cost of the
alternative. In addition, information is needed on the expected
equipment lifetime for an alternative technology. Other critical cost
considerations should be identified, as appropriate.

(15) Availability of substitute. If the substitute is not currently
available, the timing of availability of a substitute should be
provided.

(16) Anticipated market share. Data on the anticipated near-term and
long-term nationwide substitute sales.

(17) Applicable regulations under other environmental statutes.
Information on whether the substitute is regulated under other statutory
authorities, in particular the Clean Water Act, Safe Drinking Water Act,
the Resource Conservation and Recovery Act, the Federal Insecticide,
Fungicide, and Rodenticide Act, the Toxic Substances Control Act, the
Comprehensive Environmental Response, Compensation and Liability Act,
the Emergency Planning and Community Right-to-Know Act, or other titles
under the Clean Air Act.

(18) Information already submitted to the Agency. Information requested
in the SNAP program notice that has been previously submitted to the
Agency as part of past regulatory and information-gathering activities
may be referenced rather than resubmitted. Submitters who cannot provide
accurate references to data sent previously to the Agency should include
all requested information in the SNAP notice.

(19) Information already available in the literature. If any of the data
needed to complete the SNAP program notice are available in the public
literature, complete references for such information should be provided.

(b) The Significant New Alternatives Policy (SNAP) Information Notice is
designed to provide the Agency with the information necessary to reach a
decision on the acceptability of a substitute.

(1) Submitters requesting review under the SNAP program should send the
completed SNAP notice to: SNAP Document Control Officer, U.S.
Environmental Protection Agency (6205–J), 1200 Pennsylvania Ave., NW.,
Washington, DC 20460.

(2) Submitters filing jointly under SNAP and the Premanufacture Notice
Program (PMN) should send the SNAP addendum along with the PMN form to:
PMN Document Control Officer, U.S. Environmental Protection Agency
(7407), 1200 Pennsylvania Ave., NW., Washington, DC 20460. Submitters
must also send both documents to the SNAP program, with a reference to
indicate the notice has been furnished to the Agency under the PMN
program. Submitters providing information on new chemicals for joint
review under the TSCA and SNAP programs may be required to supply
additional toxicity data under TSCA section 5.

(3) Submitters filing jointly under SNAP and under the Federal
Insecticide, Fungicide, and Rodenticide Act should send the SNAP form to
the Office of Pesticide Programs, Registration Division, (7505C) 1200
Pennsylvania Ave., NW., Washington, DC 20460, as well as to the SNAP
Document Control Officer.

§ 82.180   Agency review of SNAP submissions.

(a) Processing of SNAP notices —(1) 90–day review process. The
90-day review process will begin once EPA receives a submission and
determines that such submission includes data on the substitute that are
complete and adequate, as described in §82.178. The Agency may suspend
or extend the review period to allow for submission of additional data
needed to complete the review of the notice.

(2) Initial review of notice. The SNAP Document Control Officer will
review the notice to ensure that basic information necessary to process
the submission is present (i.e., name of company, identification of
substitute, etc.). The SNAP Document Control Officer will also review
substantiation of any claim of confidentiality.

(3) Determination of data adequacy. Upon receipt of the SNAP submission,
the Agency will review the completeness of the information supporting
the application. If additional data are needed, the submitter will be
contacted following completion of this review. The 90-day review period
will not commence until EPA has received data it judges adequate to
support analysis of the submission.

(4) Letter of receipt. The SNAP Document Control Officer will send a
letter of receipt to the submitter to confirm the date of notification
and the beginning of EPA's 90-day review period. The SNAP Document
Control Officer will also assign the SNAP notice a tracking number,
which will be identified in the letter of receipt.

(5) Availability of new information during review period. If critical
new information becomes available during the review period that may
influence the Agency's evaluation of a substitute, the submitter must
notify the Agency about the existence of such information within 10 days
of learning of such data. The submitter must also inform the Agency of
new studies underway, even if the results will not be available within
the 90-day review period. The Agency may contact the submitter to
explore extending or suspending the review period depending on the type
of information received and the stage of review.

(6) Completion of detailed review. Once the initial data review,
described in paragraphs (a)(2) and (3) of this section, has been
completed, the Agency will complete a detailed evaluation of the notice.
If during any time the Agency perceives a lack of information necessary
to reach a SNAP determination, it will contact the submitter and request
the missing data.

(7) Criteria for review. To determine whether a substitute is acceptable
or unacceptable as a replacement for class I or II compounds, the Agency
will evaluate:

(i) Atmospheric effects and related health and environmental impacts;

(ii) General population risks from ambient exposure to compounds with
direct toxicity and to increased ground-level ozone;

(iii) Ecosystem risks;

(iv) Occupational risks;

(v) Consumer risks;

(vi) Flammability; and

(vii) Cost and availability of the substitute.

(8) Communication of decision —(i) Communication of decision to the
submitter. Once the SNAP program review has been completed, the Agency
will notify the submitter in writing of the decision. Sale or
manufacture of new substitutes may commence after the initial 90-day
notification period expires even if the Agency fails to reach a decision
within the 90-day review period or fails to communicate that decision or
the need for additional data to the submitter. Sale or manufacture of
existing substitutes may continue throughout the Agency's 90-day review.

(ii) Communication of decision to the public. The Agency will publish in
theFederal Registerperiodic updates to the list of the acceptable and
unacceptable alternatives that have been reviewed to date. In the case
of substitutes proposed as acceptable with use restrictions, proposed as
unacceptable or proposed for removal from either list, a rulemaking
process will ensue. Upon completion of such rulemaking, EPA will publish
revised lists of substitutes acceptable subject to use conditions or
narrowed use limits and unacceptable substitutes to be incorporated into
the Code of Federal Regulations. (See Appendices to this subpart.)

(b) Types of listing decisions. When reviewing substitutes, the Agency
will list substitutes in one of five categories:

(1) Acceptable. Where the Agency has reviewed a substitute and found no
reason to prohibit its use, it will list the alternative as acceptable
for the end-uses listed in the notice.

(2) Acceptable subject to use conditions. After reviewing a notice, the
Agency may make a determination that a substitute is acceptable only if
conditions of use are met to minimize risks to human health and the
environment. Where users intending to adopt a substitute acceptable
subject to use conditions must make reasonable efforts to ascertain that
other alternatives are not feasible due to safety, performance or
technical reasons, documentation of this assessment must be retained on
file for the purpose of demonstrating compliance. This documentation
shall include descriptions of substitutes examined and rejected,
processes or products in which the substitute is needed, reason for
rejection of other alternatives, e.g., performance, technical or safety
standards. Use of such substitutes in ways that are inconsistent with
such use conditions renders them unacceptable.

(3) Acceptable subject to narrowed use limits. Even though the Agency
can restrict the use of a substitute based on the potential for adverse
effects, it may be necessary to permit a narrowed range of use within a
sector end-use because of the lack of alternatives for specialized
applications. Users intending to adopt a substitute acceptable with
narrowed use limits must ascertain that other alternatives are not
technically feasible. Companies must document the results of their
evaluation, and retain the results on file for the purpose of
demonstrating compliance. This documentation shall include descriptions
of substitutes examined and rejected, processes or products in which the
substitute is needed, reason for rejection of other alternatives, e.g.,
performance, technical or safety standards, and the anticipated date
other substitutes will be available and projected time for switching to
other available substitutes. Use of such substitutes in applications and
end-uses which are not specified as acceptable in the narrowed use limit
renders them unacceptable.

(4) Unacceptable. This designation will apply to substitutes where the
Agency's review indicates that the substitute poses risk of adverse
effects to human health and the environment and that other alternatives
exist that reduce overall risk.

(5) Pending. Submissions for which the Agency has not reached a
determination will be described as pending. For all substitutes in this
category, the Agency will work with the submitter to obtain any missing
information and to determine a schedule for providing the missing
information if the Agency wishes to extend the 90-day review period. EPA
will use the authority under section 114 of the Clean Air Act to gather
this information, if necessary. In some instances, the Agency may also
explore using additional statutory provisions (e.g., section 5 of TSCA)
to collect the needed data.

(c) Joint processing under SNAP and TSCA. The Agency will coordinate
reviews of substitutes submitted for evaluation under both the TSCA PMN
program and the CAA.

(d) Joint processing under SNAP and FIFRA. The Agency will coordinate
reviews of substitutes submitted for evaluation under both FIFRA and the
CAA.

[59 FR 13147, Mar. 18, 1994, as amended at 61 FR 25592, May 22, 1996; 61
FR 54039, Oct. 16, 1996]

§ 82.182   Confidentiality of data.

(a) Clean Air Act provisions. Anyone submitting information must assert
a claim of confidentiality at the time of submission for any data they
wish to have treated as confidential business information (CBI) under 40
CFR part 2, subpart B. Failure to assert a claim of confidentiality at
the time of submission may result in disclosure of the information by
the Agency without further notice to the submitter. The submitter should
also be aware that under section 114(c), emissions data may not be
claimed as confidential.

(b) Substantiation of confidentiality claims. At the time of submission,
EPA requires substantiation of any confidentiality claims made. Failure
to provide any substantiation may result in disclosure of information
without further notice by the Agency. All submissions must include
adequate substantiation in order for an acceptability determination on a
substitute to be published. Moreover, under 40 CFR part 2, subpart B,
there are further instances in which confidentiality assertions may
later be reviewed even when confidentiality claims are initially
received. The submitter will also be contacted as part of such an
evaluation process.

(c) Confidentiality provisions for toxicity data. In the event that
toxicity or health and safety studies are listed as confidential, this
information cannot be maintained as confidential where such data are
also submitted under TSCA or FIFRA, to the extent that confidential
treatment is prohibited under those statutes. However, information
contained in a toxicity study that is not health and safety data and is
not relevant to the effects of a substance on human health and the
environment (e.g., discussion of process information, proprietary
blends) can be maintained as confidential subject to 40 CFR part 2,
subpart B.

(d) Joint submissions under other statutes. Information submitted as
part of a joint submission to either SNAP/TSCA or SNAP/FIFRA must adhere
to the security provisions of the program offices implementing these
statutes. For such submissions, the SNAP handling of such notices will
follow the security provisions under these statutes.

§ 82.184   Petitions.

(a) Who may petition. Any person may petition the Agency to amend
existing listing decisions under the SNAP program, or to add a new
substance to any of the SNAP lists.

(b) Types of petitions. Five types of petitions exist:

(1) Petitions to add a substitute not previously reviewed under the SNAP
program to the acceptable list. This type of petition is comparable to
the 90-day notifications, except that it would generally be initiated by
entities other than the companies that manufacture, formulate, or
otherwise use the substitute. Companies that manufacture, formulate, or
use substitutes that want to have their substitutes added to the
acceptable list should submit information on the substitute under the
90-day review program;

(2) Petitions to add a substitute not previously reviewed under the SNAP
program to the unacceptable list;

(3) Petitions to delete a substitute from the acceptable list and add it
to the unacceptable list or to delete a substitute from the unacceptable
and add it to the acceptable list;

(4) Petitions to add or delete use restrictions on an acceptability
listing.

(5) Petitions to grandfather use of a substitute listed as unacceptable
or acceptable subject to use restrictions.

(c) Content of the petition. The Agency requires that the petitioner
submit information on the type of action requested and the rationale for
the petition. Petitions in paragraphs (b)(1) and (2) of this section
must contain the information described in §82.178, which lists the
items to be submitted in a 90-day notification. For petitions that
request the re-examination of a substitute previously reviewed under the
SNAP program, the submitter must also reference the prior submittal or
existing listing. Petitions to grandfather use of an unacceptable
substitute must describe the applicability of the test to judge the
appropriateness of Agency grandfathering as established by the United
States District Court for the District of Columbia Circuit (see Sierra
Club v. EPA, 719 F.2d 436 (D.C. Cir. 1983)). This test includes whether
the new rule represents an abrupt departure from previously established
practice, the extent to which a party relied on the previous rule, the
degree of burden which application of the new rule would impose on the
party, and the statutory interest in applying the new rule immediately.

(d) Petition process. (1) Notification of affected companies. If the
petition concerns a substitute previously either approved or restricted
under the SNAP program, the Agency will contact the original submitter
of that substitute.

(2) Review for data adequacy. The Agency will review the petition for
adequacy of data. As with a 90-day notice, the Agency may suspend review
until the petitioner submits the information necessary to evaluate the
petition. To reach a timely decision on substitutes, EPA may use
collection authorities such as those contained in section 114 of the
Clean Air Act as amended, as well as information collection provisions
of other environmental statutes.

(3) Review procedures. To evaluate the petition, the Agency may submit
the petition for review to appropriate experts inside and outside the
Agency.

(4) Timing of determinations. If data are adequate, as described in
§82.180, the Agency will respond to the petition within 90 days of
receiving a complete petition. If the petition is inadequately
supported, the Agency will query the petitioner to fill any data gaps
before the 90-day review period begins, or may deny the petition because
data are inadequate.

(5) Rulemaking procedures. EPA will initiate rulemaking whenever EPA
grants a petition to add a substance to the list of unacceptable
substitutes, remove a substance from any list, or change or create an
acceptable listing by imposing or deleting use conditions or use limits.

(6) Communication of decision. The Agency will inform petitioners within
90 days of receiving a complete petition whether their request has been
granted or denied. If a petition is denied, the Agency will publish in
theFederal Registeran explanation of the determination. If a petition is
granted, the Agency will publish the revised SNAP list incorporating the
final petition decision within 6 months of reaching a determination or
in the next scheduled update, if sooner, provided any required
rulemaking has been completed within the shorter period.

 PAGE

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[Federal Register Volume 80, Number 20 (Friday, January 30, 2015)]
[Notices]
[Page 5106]
[FR Doc No: 2015-01735]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Commission Staff Attendance

    The Federal Energy Regulatory Commission (Commission) hereby gives
notice that members of the Commission's staff may attend the following
meeting related to the transmission planning activities of the New York
Independent System Operator, Inc.

The New York Independent System Operator, Inc. Management Committee
Meeting

January 28, 2015, 10 a.m.-11:35 a.m. (EST)

    The above-referenced meeting will be via web conference and
teleconference.
    The above-referenced meeting is open to stakeholders.
    Further information may be found at: http://www.nyiso.com/public/markets_operations/committees/meeting_materials/index.jsp?com=mc.

The New York Independent System Operator, Inc. Electric System Planning
Working Group Meeting

February 3, 2015, 10 a.m.-4 p.m. (EST)

    The above-referenced meeting will be via web conference and
teleconference.
    The above-referenced meeting is open to stakeholders.
    Further information may be found at: http://www.nyiso.com/public/markets_operations/services/planning/index.jsp.

The New York Independent System Operator, Inc. Business Issues
Committee Meeting

February 11, 2015, 10 a.m.-4 p.m. (EST)

    The above-referenced meeting will be via web conference and
teleconference.
    The above-referenced meeting is open to stakeholders.
    Further information may be found at: http://www.nyiso.com/public/markets_operations/committees/meeting_materials/index.jsp?com=bic.

The New York Independent System Operator, Inc. Operating Committee
Meeting

February 13, 2015, 10 a.m.-4 p.m. (EST)

    The above-referenced meeting will be via web conference and
teleconference.
    The above-referenced meeting is open to stakeholders.
    Further information may be found at: http://www.nyiso.com/public/markets_operations/committees/meeting_materials/index.jsp?com=oc.

The New York Independent System Operator, Inc. Management Committee
Meeting

February 25, 2015, 10 a.m.-4 p.m. (EST)

    The above-referenced meeting will be via web conference and
teleconference.
    The above-referenced meeting is open to stakeholders.
    Further information may be found at: http://www.nyiso.com/public/markets_operations/committees/meeting_materials/index.jsp?com=mc.
    The discussions at the meeting described above may address matters
at issue in the following proceedings:

Docket Nos. ER13-102, ER13-1942, ER13-1946, New York Independent System
Operator, Inc. and New York Transmission Owners
Docket No. ER13-1926, PJM Transmission Owners
Docket No. ER13-1947, PJM Interconnection, L.L.C.
Docket No. ER13-1957, ISO New England Inc.
Docket No. ER13-1960, ISO New England Inc., the Participating
Transmission Owners Administrative Committee, and the New England Power
Pool Participants Committee

    For more information, contact James Eason, Office of Energy Market
Regulation, Federal Energy Regulatory Commission at<PHONE_NUMBER> or
<EMAIL_ADDRESS>
    Dated: January 23, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-01735 Filed 1-29-15; 8:45 am]
BILLING CODE 6717-01-P