[Federal Register Volume 76, Number 217 (Wednesday, November 9, 2011)]
[Rules and Regulations]
[Pages 69636-69642]
[FR Doc No: 2011-28643]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2011-0093; FRL-8890-8]

Amides, C5-C9, N-[3-(dimethylamino)propyl]
and amides, C6-C12, N-[3-(dimethylamino)propyl];
Exemption From the Requirement of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of amides, C5-C9, N-
[3-(dimethylamino)propyl]; (CAS Reg. No. 1044764-00-2) and amides,
C6-C12, N-[3-(dimethylamino)propyl]; (CAS Reg.
No. 1044764-06-8) when used as inert ingredients (surfactants) in
pesticide formulations applied to growing crops and raw agricultural
commodities after harvest. Monsanto Company submitted a petition to EPA
under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting
establishment of an exemption from the requirement of a tolerance. This
regulation eliminates the need to establish a maximum permissible level
for residues of amides, C5-C9, N-[3-
(dimethylamino)propyl]; (CAS Reg. No. 1044764-00-2) and amides,
C6-C12, N-[3-(dimethylamino)propyl]; (CAS Reg.
No. 1044764-06-8).

DATES: This regulation is effective November 9, 2011. Objections and
requests for hearings must be received on or before January 9, 2012,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2011-0093. All documents in the
docket are listed in the docket index available at http://www.regulations.gov. Although listed in the index, some information is
not publicly available, e.g., 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 in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket
Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.

FOR FURTHER INFORMATION CONTACT: Deirdre Sunderland, Registration
Division (7505P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

B. How can I get electronic sccess to other related information?

    You may access a frequently updated electronic version of 40 CFR
part 180 through the Government Printing Office's e-CFR site at http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl. To access the harmonized test guidelines referenced in
this document electronically, please go to http://www.epa.gov/ocspp and
select ``Test Methods and Guidelines.''

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2011-0093 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing, and must be received by the Hearing Clerk on or before
January 9, 2012. Addresses for mail and hand delivery of objections and
hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing that does not contain any CBI for inclusion in the public
docket. Information not marked confidential pursuant to 40 CFR part 2
may be disclosed publicly by EPA without prior notice. Submit a copy of
your non-CBI objection or hearing request, identified by docket ID
number EPA-HQ-OPP-2011-0093, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania Ave.
NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.

II. Petition for Exemption

    In the Federal Register of March 29, 2011 (76 FR 17374) (FRL-8867-
4), EPA issued a notice pursuant to section 408 of FFDCA, 21 U.S.C.
346a, announcing the filing of a pesticide petition (PP 0E7815) by
Monsanto Company, 1300 I Street NW., Suite 450 East, Washington, DC
20005. The petition requested that 40 CFR 180.910 be amended by
establishing an exemption from the requirement of a tolerance for
residues of amides, C5-C9, N-[3-(dimethylamino)
propyl]; (CAS Reg. No. 1044764-00-2) and amides, C6-
C12, N-[3-(dimethylamino) propyl]; (CAS Reg. No. 1044764-06-
8) when used as an inert ingredient (surfactants) in pesticide
formulations applied to growing crops and raw agricultural commodities
after harvest. That notice referenced a summary of the petition
prepared by Monsanto Company, the petitioner, which is available in the
docket, http://www.regulations.gov. There were no comments received in
response to the notice of filing.

III. Inert Ingredient Definition

    Inert ingredients are all ingredients that are not active
ingredients as defined in 40 CFR 153.125 and include, but are not
limited to, the following types of ingredients (except when they have a
pesticidal efficacy of their own): Solvents such as alcohols and
hydrocarbons; surfactants such as polyoxyethylene polymers and fatty
acids; carriers such as clay and diatomaceous earth; thickeners such as
carrageenan and modified cellulose; wetting, spreading, and dispersing
agents; propellants in aerosol dispensers; microencapsulating agents;
and emulsifiers. The term ``inert'' is not intended to imply
nontoxicity; the ingredient may or may not be chemically active.
Generally, EPA has exempted inert ingredients from the requirement of a
tolerance based on the low toxicity of the individual inert
ingredients.

IV. Aggregate Risk Assessment and Determination of Safety

    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement for a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the tolerance is ``safe.'' Section 408(b)(2)(A)(ii) of FFDCA defines
``safe'' to mean that ``there is a reasonable certainty that no harm
will result from aggregate exposure to the pesticide chemical residue,
including all anticipated dietary exposures and all other exposures for
which there is reliable information.'' This includes exposure through
drinking water and in residential settings, but does not include
occupational exposure. Section 408(b)(2)(C) of FFDCA requires EPA to
give special consideration to exposure of infants and children to the
pesticide chemical residue in establishing a tolerance and to ``ensure
that there is a reasonable certainty that no harm will result to
infants and children from aggregate exposure to the pesticide chemical
residue. * * *
    EPA establishes exemptions from the requirement of a tolerance only
in those cases where it can be clearly demonstrated that the risks from
aggregate exposure to pesticide chemical residues under reasonably
foreseeable circumstances will pose no appreciable risks to human
health. In order to determine the risks from aggregate exposure to
pesticide inert ingredients, the Agency considers the toxicity of the
inert in conjunction with possible exposure to residues of the inert
ingredient through food, drinking water, and through other exposures
that occur as a result of pesticide use in residential settings. If EPA
is able to determine that a finite tolerance is not necessary to ensure
that there is a reasonable certainty that no harm will result from
aggregate exposure to the inert ingredient, an exemption from the
requirement of a tolerance may be established.

    Consistent with section 408(c)(2)(A) of FFDCA, and the factors
specified in FFDCA section 408(c)(2)(B), EPA has reviewed the available
scientific data and other relevant information in support of this
action. EPA has sufficient data to assess the hazards of and to make a
determination on aggregate exposure for amides, C5-
C9, N-[3-(dimethylamino) propyl] and amides, C6-
C12, N-[3-(dimethylamino) propyl] including exposure
resulting from the exemption established by this action. EPA's
assessment of exposures and risks associated with amides,
C5-C9, N-[3-(dimethylamino) propyl] and amides,
C6-C12, N-[3-(dimethylamino) propyl] follows.

A. Toxicological Profile

    EPA has evaluated the available toxicity data and considered their
validity, completeness, and reliability as well as the relationship of
the results of the studies to human risk. EPA has also considered
available information concerning the variability of the sensitivities
of major identifiable subgroups of consumers, including infants and
children. Specific information on the studies received and the nature
of the adverse effects caused by amides, C5-C9,
N-[3-(dimethylamino) propyl] and amides, C6-C12,
N-[3-(dimethylamino) propyl] as well as the no-observed-adverse-effect-
level (NOAEL) and the lowest-observed-adverse-effect-level (LOAEL) from
the toxicity studies are discussed in this unit.
    Acute studies revealed low oral and dermal toxicity (OPPTS
Harmonized Test Guidelines 870.1100 and 870.1200). When tested on
rabbits, the chemical was shown to be mildly irritating to the skin and
severely irritating to the eyes (OPPTS 870.2500 and 870.2400). Skin
sensitization studies in guinea pigs showed that amides, C5-
C9, N-[3-(dimethylamino) propyl] was not a skin sensitizer
(OPPTS 870.2600).
    Several repeat dose studies were conducted on amides,
C5-C9, N-[3-(dimethylamino) propyl] (OPPTS
870.3050 and 870.3700). A 28-day range finding study on rats showed no
evidence of toxicity at doses up to 300 milligrams/kilograms/day (mg/
kg/day). Systemic toxicity (e.g., lower body weight gain, food
consumption, and effects on red blood cells) were noted at 800 and
1,000 mg/kg/day. Females in the 800 mg/kg/day group also had lower
organ weights of the liver, spleen, and thymus.
    A second range finding study administered the test substance to
female rats on gestation days 6-19. All females in the 1,000 mg/kg/day
group were found dead or euthanized in extremis by gestation day 8. In
the 500 mg/kg/day group, two females were euthanized in extremis.
Females in this group exhibited clinical signs of toxicity (e.g.,
rales, increased respiration, gasping, dilated pupils, salivation, and
body weight gains). There were no test-substance related clinical
findings noted up to150 mg/kg/day. Intrauterine growth and survival
were unaffected at dose levels up to 500 mg/kg/day. No external
malformations or developmental variations were noted in this study. The
maternal and developmental NOAELs for this study were 150 and 500 mg/
kg/day, respectively.
    A dietary combined 90-day/Reproductive and Developmental Toxicity
Screening study in rats did not show evidence of toxicity at exposures
up to 175 mg/kg/day (OPPTS 870.3650/3100). At the high-dose (600 mg/kg/
day), systemic toxicity was exhibited by clinical findings, lower mean
body weights, body weight gains, and food consumption for males,
toxicology phase females, and reproductive phase females. Lower ovary,
uterus, and pituitary weights were noted for the 600 mg/kg/day
reproductive phase females. In addition, lower litter size, number of
pups born, implantation sites, and mean pup body weights were noted in
the 600 mg/kg/day group in the presence of excessive maternal toxicity.
Therefore, the systemic, reproductive, and developmental NOAELs were
considered to be 175 mg/kg/day.
    No carcinogenicity studies are available for the inert ingredients
amides, C5-C9, N-[3-(dimethylamino) propyl] and
amides, C6-C12, N-[3-(dimethylamino) propyl]. The
Agency used a qualitative structure activity relationship (SAR)
database (i.e., DEREK Version 11) to determine if there were structural
alerts suggestive of carcinogenicity. No structural alerts were
identified for the parent nor its potential major metabolite
dimethylaminopropylamine (DMAPA). Based on these results and the
negative findings in both the mutagenicity (OPPTS 870.5100) and
clastogenicity (OPPTS 870.5395) studies along with the lack of evidence
of specific target organ toxicity, the Agency concluded that these
inert ingredients have low potential to be carcinogenic.
    Functional observational battery (home cage, handling, open field,
neuromuscular, and physiological observations) and locomotor activity
(no remarkable shifts in the pattern of habituation) were recorded for
Sprague-Dawley rats treated with 600 mg/kg/day of the test substance
and no test-related effects were observed. Although possible evidence
of neurotoxicity was observed in the OPPTS 870.3700 study at 500 mg/kg/
day (dilated pupils) and 1,000 mg/kg/day (dilated pupils and clonic
convulsions) these clinical signs were considered to be due to
generalized toxicity and not of neurologic origin. The Point of
Departure (POD) of 175 mg/kg/day used in this risk assessment is
protective of the effects seen at these dose levels.
    The proposed primary route of metabolism is believed to generate
DMAPA which is marketed as an inert ingredient in pesticide
formulations. DMAPA (as an inert) has been recently evaluated by the
Agency and an exemption from tolerance under 40 CFR 180.920 and 180.930
was established.

B. Toxicological Points of Departure/Levels of Concern

    Once a pesticide's toxicological profile is determined, EPA
identifies toxicological PODs and levels of concern to use in
evaluating the risk posed by human exposure to the pesticide. For
hazards that have a threshold below which there is no appreciable risk,
the toxicological POD is used as the basis for derivation of reference
values for risk assessment. PODs are developed based on a careful
analysis of the doses in each toxicological study to determine the dose
at which no adverse effects are observed (the NOAEL) and the lowest
dose at which adverse effects of concern are identified (the LOAEL).
Uncertainty/safety factors are used in conjunction with the POD to
calculate a safe exposure level--generally referred to as a population-
adjusted dose (PAD) or a reference dose (RfD)--and a safe margin of
exposure (MOE). For non-threshold risks, the Agency assumes that any
amount of exposure will lead to some degree of risk. Thus, the Agency
estimates risk in terms of the probability of an occurrence of the
adverse effect expected in a lifetime. For more information on the
general principles EPA uses in risk characterization and a complete
description of the risk assessment process, see http://www.epa.gov/pesticides/factsheets/riskassess.htm.
    The POD used in the risk assessment for short-term, intermediate-
term, and chronic routes of exposure (i.e., oral, dermal, and
inhalation) was from the OPPTS Harmonized Test Guideline 870.3650
toxicity study in rats. The NOAEL is 175 mg/kg/day and the LOAEL is 600
mg/kg/day based on body weight decreases and food consumption for both
sexes and lower absolute and

relative-to-brain ovary, uterus, and pituitary weights for the
reproductive phase females. A 100 fold uncertainty factor was used for
the chronic exposure (10X interspecies extrapolation, 10X for
intraspecies variability and 1X Food Quality Protection Act (FQPA)
factor).
    The residential, occupational, and aggregate level of concern (LOC)
is for MOEs that are less than 100 and is based on 10X interspecies
extrapolation, 10X for intraspecies variability and 1X FQPA factor.

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary
exposure to amides, C5-C9, N-[3-(dimethylamino)
propyl] and amides, C6-C12, N-[3-(dimethylamino)
propyl], EPA considered exposure under the proposed exemption from the
requirement of a tolerance. EPA assessed dietary exposures from amides,
C5-C9, N-[3-(dimethylamino) propyl] and amides,
C6-C12, N-[3-(dimethylamino) propyl] in food as
follows:
    The I-Dietary Exposure Evaluation Model (DEEM) is a highly
conservative model with the assumption that the residue level of the
inert ingredient would be no higher than the highest tolerance for a
given commodity. Implicit in this assumption is that there would be
similar rates of degradation between the active and inert ingredient
(if any) and that the concentration of inert ingredient in the
scenarios leading to these highest of tolerances would be no higher
than the concentration of the active ingredient. The model assumes 100
percent crop treated (PCT) for all crops (every food eaten by a person
each day has tolerance-level residues).
    2. Dietary exposure from drinking water. For the purpose of the
screening level dietary risk assessment to support this request for an
exemption from the requirement of a tolerance for amides,
C5-C9, N-[3-(dimethylamino) propyl] and amides,
C6-C12, N-[3-(dimethylamino) propyl], a
conservative drinking water concentration value of 100 parts per
billion based on screening level modeling was used to assess the
contribution to drinking water for the chronic dietary risk assessments
for parent compound. These values were directly entered into the
dietary exposure model.
    3. From non-dietary exposure. The term ``residential exposure'' is
used in this document to refer to non-occupational, non-dietary
exposure (e.g., textiles (clothing and diapers), carpets, swimming
pools, and hard surface disinfection on walls, floors, tables).
    These inerts may potentially be added to pesticide formulations
that are used around the home (i.e., fungicides/insecticides/
herbicides). Although there are no known or anticipated residential
uses for these inert ingredients, in order to be protective of any
future uses, a screening level exposure assessment was performed using
high-end exposure scenarios for outdoor residential uses. The Agency
selected representative scenarios, based on end-use product application
methods and labeled application rates.
    The mixer/loader/applicator high exposure outdoor scenarios
evaluated were Liquid products: Low Pressure Handwand; Liquid products:
Hose End Sprayer; and Ready to Use (RTU): Trigger Pump Sprayer
Applications.
    The Agency believes that the handler scenarios assessed represent
worse-case exposures and risks resulting from the use of outdoor
pesticide products containing these inert ingredients in residential
environments.
    Post application high end outdoor residential exposures (i.e.,
Dermal exposure to treated lawns (adults/children), Hand-to-Mouth
activity for toddlers on treated lawns (children), Object-to-Mouth
activity for toddlers on treated lawns (children), and Soil ingestion
from treated soil (children)) were also evaluated.
    4. Cumulative effects from substances with a common mechanism of
toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when
considering whether to establish, modify, or revoke a tolerance, the
Agency consider ``available information'' concerning the cumulative
effects of a particular pesticide's residues and ``other substances
that have a common mechanism of toxicity.''
    EPA has not found amides, C5-C9, N-[3-
(dimethylamino) propyl] and amides, C6-C12, N-[3-
(dimethylamino) propyl] to share a common mechanism of toxicity with
any other substances. Amides, C5-C9, N-[3-
(dimethylamino) propyl] and amides, C6-C12, N-[3-
(dimethylamino) propyl] may produce the metabolite DMAPA. The toxicity
of this metabolite is addressed in the database. For the purposes of
this tolerance action, therefore, EPA has assumed that amides,
C5-C9, N-[3-(dimethylamino) propyl] and amides,
C6-C12, N-[3-(dimethylamino) propyl] do not have
a common mechanism of toxicity with other substances. For information
regarding EPA's efforts to determine which chemicals have a common
mechanism of toxicity and to evaluate the cumulative effects of such
chemicals, see EPA's Web site at http://www.epa.gov/pesticides/cumulative.

D. Safety Factor for Infants and Children

    1. In general. Section 408(b)(2)(C) of FFDCA provides that EPA
shall apply an additional tenfold (10X) margin of safety for infants
and children in the case of threshold effects to account for prenatal
and postnatal toxicity and the completeness of the database on toxicity
and exposure unless EPA determines based on reliable data that a
different margin of safety will be safe for infants and children. This
additional margin of safety is commonly referred to as the FQPA Safety
Factor (SF). In applying this provision, EPA either retains the default
value of 10X, or uses a different additional safety factor when
reliable data available to EPA support the choice of a different
factor.
    2. Prenatal and postnatal sensitivity. Reproductive and
developmental effects were evaluated in a 90-day study conducted on
Sprague-Dawley (CD) rats. No evidence of toxicity was noted at exposure
levels of 15, 50, and 175 mg/kg/day. Systemic toxicity including lower
mean body weights, body weight gains, and food consumption for both
sexes and lower absolute and relative-to-brain ovary, uterus, and
pituitary weights for the reproductive phase females was exhibited at
600 mg/kg/day. In addition, lower mean live litter size on PND 0,
number of pups born and implantation sites, and lower mean pup weights
were noted in the 600 mg/kg/day group. Therefore, the systemic,
reproductive, and developmental NOAELs are considered to be 175 mg/kg/
day. All reproductive and developmental effects were noted in the
presence of excessive maternal toxicity; therefore, there was no
evidence of increased susceptibility in infants and children.
    In addition, an Organization for Economic Cooperation and
Development (OECD) 421 reproduction and developmental toxicity
screening test using the metabolite dimethylaminopropylamine in
Sprague-Dawley rats resulted in parental toxicity at 200 mg/kg/day
based on decreased body weight gain and clinical signs (respiratory
sounds and piloerection). Reproductive and developmental toxicity were
not observed at any dose level.
    3. Conclusion. EPA has determined that reliable data show the
safety of infants and children would be adequately protected if the
FQPA SF were reduced to 1X. That decision is based on the following
findings:

    i. The toxicity database for amides, C5-C9,
N-[3-(dimethylamino)propyl] and amides, C6-C12,
N-[3-(dimethylamino)propyl] is adequate for assessing the sensitivity
to infants and children.
    ii. There is no indication that amides, C5-
C9, N-[3-(dimethylamino)propyl] and amides, C6-
C12, N-[3-(dimethylamino)propyl] are neurotoxic chemicals
and there is no need for a developmental neurotoxicity study or
additional UFs to account for neurotoxicity. Although possible evidence
of neurotoxicity was observed in OPPTS 870.3700 as indicated in the 500
mg/kg/day group (dilated pupils) and the 1,000 mg/kg/day group (dilated
pupils and clonic convulsions), these clinical signs were considered to
be due to generalized toxicity and not of neurologic origin.
    iii. There is no evidence that amides, C5-C9,
N-[3-(dimethylamino)propyl] and amides, C6-C12,
N-[3-(dimethylamino)propyl] results in increased susceptibility in in
utero rats.
    iv. There are no residual uncertainties identified in the exposure
databases. The food and drinking water assessment is not likely to
underestimate exposure to any subpopulation, including those comprised
of infants and children. The food exposure assessments are considered
to be highly conservative as they are based on the use of the highest
tolerance level from the surrogate pesticides for every food and 100
PCT is assumed for all crops. EPA also made conservative (protective)
assumptions in the ground and surface water modeling used to assess
exposure to amides, C5-C9, N-[3-
(dimethylamino)propyl] and amides, C6-C12, N-[3-
(dimethylamino)propyl] in drinking water. EPA used similarly
conservative assumptions to assess post application exposure of
children as well as incidental oral exposure of toddlers. These
assessments will not underestimate the exposure and risks posed by
amides, C5-C9, N-[3-(dimethylamino)propyl] and
amides, C6-C12, N-[3-(dimethylamino)propyl].

E. Aggregate Risks and Determination of Safety

    1. Acute risk. An acute aggregate risk assessment takes into
account acute exposure estimates from dietary consumption of food and
drinking water. No adverse effect resulting from a single oral exposure
was identified and no acute dietary endpoint was selected. Therefore,
amides, C5-C9, N-[3-(dimethylamino)propyl] and
amides, C6-C12, N-[3-(dimethylamino)propyl] are
not expected to pose an acute risk.
    2. Chronic risk. Using the exposure assumptions described in this
unit for chronic exposure, EPA has concluded that chronic exposure to
amides, C5-C9, N-[3-(dimethylamino)propyl] and
amides, C6-C12, N-[3-(dimethylamino)propyl] from
food and water will utilize 35.7 percent of the cPAD for children 1-2
years old, the population group receiving the greatest exposure. There
are currently no known residential uses for amides, C5-
C9, N-[3-(dimethylamino)propyl] and amides, C6-
C12, N-[3-(dimethylamino)propyl]. Since there are no current
or proposed residential uses, chronic exposure is not expected;
however, inert ingredients are used in a variety of formulations and
have the potential to be used in residential products. A screening
level assessment was conducted for residential exposure and the risk
was below the Agency level of concern.
    Although there is a potential for amides, C5-
C9, N-[3-(dimethylamino)propyl] and amides, C6-
C12, N-[3-(dimethylamino)propyl] to produce the metabolite
dimethylaminopropylamine (DMAPA), which is currently approved under 40
CFR 180.920 and 180.930, EPA does not anticipate any risk concerns from
aggregate exposure to DMAPA for the following reasons:
    i. Evidence from toxicology studies indicates that metabolization
of amides, C5-C9, N-[3-(dimethylamino)propyl] and
amides, C6-C12, N-[3-(dimethylamino)propyl], to
DMAPA does not occur in significant amounts. The parent chemicals
(i.e., amides, C5-C9, N-[3-(dimethylamino)propyl]
and amides, C6-C12, N-[3-(dimethylamino)propyl])
have a larger and more complete toxicity database which resulted in a
higher no observed adverse effect level (NOAEL) than the metabolite,
DMAPA. The POD NOAEL selected for all exposure scenarios for amides,
C5-C9, N-[3-(dimethylamino)propyl] and amides,
C6-C12, N-[3-(dimethylamino)propyl] is 175 mg/kg/
day versus the NOAEL of 50 mg/kg/day for DMAPA. If DMAPA is a major
metabolite of amides, C5-C9, N-[3-
(dimethylamino)propyl] and amides, C6-C12, N-[3-
(dimethylamino)propyl] then the toxicity endpoints for amides,
C5-C9, N-[3-(dimethylamino)propyl] and amides,
C6-C12, N-[3-(dimethylamino)propyl] and DMAPA
would be comparable.
    ii. The previous risk assessment of metabolite DMAPA (as inert
ingredient) indicates that any marginal increase in DMAPA exposure as a
result of the use of amides, C5-C9, N-[3-
(dimethylamino) propyl] and amides, C6-C12, N-[3-
(dimethylamino) propyl] would not alter the DMAPA risk significantly
nor change EPA's conclusion regarding the safety of DMAPA. [Federal
Register August 5, 2009 (74 FR 38924) (FRL-8430-2)]
    3. Short-term risk. Short-term aggregate exposure takes into
account short-term residential exposure plus chronic exposure to food
and water (considered to be a background exposure level). Amides,
C5-C9, N-[3-(dimethylamino) propyl] and amides,
C6-C12, N-[3-(dimethylamino) propyl] have the
potential to be used as inert ingredients in pesticide products that
are registered for uses that could result in short-term residential
exposure, and the Agency has determined that it is appropriate to
aggregate chronic exposure through food and water with short-term
residential exposures to amides, C5-C9, N-[3-
(dimethylamino) propyl] and amides, C6-C12, N-[3-
(dimethylamino) propyl].
    Using the exposure assumptions described in this unit for short-
term exposures, EPA has concluded the combined short-term food, water,
and proposed high-end residential exposure scenarios result in
aggregate MOEs greater than 100. Because EPA's level of concern for
amides, C5-C9, N-[3-(dimethylamino) propyl] and
amides, C6-C12, N-[3-(dimethylamino) propyl] is a
MOE of 100 or below, these MOEs are not of concern.
    4. Intermediate-term risk. Intermediate-term aggregate exposure
takes into account intermediate-term residential exposure plus chronic
exposure to food and water (considered to be a background exposure
level). Amides, C5-C9, N-[3-(dimethylamino)
propyl] and amides, C6-C12, N-[3-(dimethylamino)
propyl] have the potential to be used as inert ingredients in pesticide
products that are registered for uses that could result in
intermediate-term residential exposure, and the Agency has determined
that it is appropriate to aggregate chronic exposure through food and
water with intermediate-term residential exposures to amides,
C5-C9, N-[3-(dimethylamino) propyl] and amides,
C6-C12, N-[3-(dimethylamino) propyl].
    Using the exposure assumptions described in this unit for
intermediate-term exposures, EPA has concluded that the combined
intermediate-term food, water, and proposed high-end residential
exposure scenarios result in aggregate MOEs greater than 100. Because
EPA's level of concern for amides, C5-C9, N-[3-
(dimethylamino) propyl] and amides, C6-C12, N-[3-
(dimethylamino) propyl] is a MOE of

100 or below, these MOEs are not of concern.
    5. Aggregate cancer risk for U.S. population. Based on the lack of
evidence of carcinogenicity in various mutagenicity studies, the lack
of a target organ in any of the toxicity studies conducted, and the
lack of structural alerts suggestive of carcinogenicity in the
structural activity database DEREK Version 11, amides, C5-
C9, N-[3-(dimethylamino) propyl] and amides, C6-
C12, N-[3-(dimethylamino) propyl] are not expected to pose a
cancer risk to humans.
    6. Determination of safety. Based on these risk assessments, EPA
concludes that there is a reasonable certainty that no harm will result
to the general population, or to infants and children from aggregate
exposure to amides, C5-C9, N-[3-(dimethylamino)
propyl] and amides, C6-C12, N-[3-(dimethylamino)
propyl] residues.

V. Other Considerations

A. Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes since
the Agency is establishing an exemption from the requirement of a
tolerance without any numerical limitation.

B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint U.N. Food and
Agriculture Organization/World Health Organization food standards
program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level.
    The Codex has not established a MRL for amides, C5-
C9, N-[3-(dimethylamino) propyl] or amides, C6-
C12, N-[3-(dimethylamino) propyl].

VI. Conclusions

    Therefore, an exemption from the requirement of a tolerance is
established under 40 CFR 180. 910 for amides, C5-
C9, N-[3-(dimethylamino) propyl]; (CAS Reg. No 1044764-00-2)
and amides, C6-C12, N-[3-(dimethylamino) propyl];
(CAS Reg. No. 1044764-06-8) when used as inert ingredients
(surfactants) in pesticide formulations applied pre- and post-harvest.

VII. Statutory and Executive Order Reviews

    This final rule establishes an exemption from the requirement of a
tolerance under section 408(d) of FFDCA in response to a petition
submitted to the Agency. 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). Because this final rule has been exempted from review under
Executive Order 12866, this final rule 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)
or Executive Order 13045, entitled Protection of Children From
Environmental Health Risks and Safety Risks (62 FR 19885, April 23,
1997). This final rule does not contain any information collections
subject to OMB approval under the Paperwork Reduction Act (PRA), 44
U.S.C. 3501 et seq., nor does it require any special considerations
under Executive Order 12898, entitled Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under section 408(d) of FFDCA, such as the tolerance in
this final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply.
    This final rule directly regulates growers, food processors, food
handlers, and food retailers, not States or Tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of section 408(n)(4) of FFDCA. As such, the Agency has determined that
this action will not have a substantial direct effect on States or
Tribal governments, on the relationship between the national government
and the States or Tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian Tribes. Thus, the Agency has
determined that Executive Order 13132, entitled Federalism (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
Consultation and Coordination With Indian Tribal Governments (65 FR
67249, November 9, 2000) do not apply to this final rule. In addition,
this final rule does not impose any enforceable duty or contain any
unfunded mandate as described under Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Pub. L.104-4).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note).

VIII. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report to each House of the Congress and to
the Comptroller General of the United States. 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 this final rule in the Federal
Register. This final rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: October 18, 2011.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

0
2. In Sec.  180.910, the table is amended by adding alphabetically the
following inert ingredients to read as follows:

Sec.  180.910  Inert ingredients used pre- and post-harvest; exemptions
from the requirement of a tolerance.

* * * * *

------------------------------------------------------------------------
       Inert ingredients             Limits                Uses
------------------------------------------------------------------------

                              * * * * * * *
Amides, C5-C9, N-[3-             ..............  Surfactant
 (dimethylamino) propyl]; CAS
 Reg. No. 1044764-00-2.
Amides, C6-C12, N-[3-            ..............  Surfactant
 (dimethylamino) propyl]; CAS
 Reg. No. 1044764-06-8.

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

[FR Doc. 2011-28643 Filed 11-8-11; 8:45 am]
BILLING CODE 6560-50-P


Beneficial Reuse of Solid Wastes

Iowa Waste Reduction Center / University of Northern Iowa

319-273-8905 or 1-800-422-3109

IAC 567-108								              May 2009

Applicability

Beneficial reuse options apply to industrial, commercial, and
institutional generators and users of solid by-products (waste) and
sanitary landfills utilizing alternative cover material.  Reuse is
available to solid by-products that are being disposed of as solid waste
in an Iowa landfill, and that meet certain requirements as described in
this summary.

Wastes/operations that are not eligible include: waste that has already
been landfill disposed, land application of solid waste, solid waste
processing operations or solid waste composting.

Benefits of Solid Waste Reuse

Utilization of solid by-products as resources when such use improves, or
at a minimum does not adversely affect, human health and the environment
is economically beneficial to both the generator of the waste and the
end user.  Reuse also decreases the amount of solid waste entering
Iowa’s landfills.

Issuance of a beneficial use determination relieves the generator and
user of Iowa solid waste requirements including: rules, sanitary
disposal permits, and permit conditions.

General Requirements

The following by-products may be utilized for the purposes listed below
without additional approval from the Department of Natural Resources
(DNR) unless used for fill material*, if the by-product is used for some
purpose other than alternative cover at a sanitary landfill and is
foundry sand or a coal combustion by-product (see applicable sections):

Alumina (including refractory brick): Raw material in the manufacture of
cement or concrete products

Asphalt Shingles (certified as not having more than 1% asbestos): Raw
material in the manufacture of asphalt products, subbase for
hard-surface road construction, or road surfacing granular material. May
also be used as alternative cover at a sanitary landfill if ground to an
average size of 3 inches or less and mixed with soil in a 50/50 volume.

Cement Kiln Dust: Raw material in the manufacture of absorbents, cement
or concrete products, subbase for hard-surface road construction, soil
or compost amendment, stabilizer for manure and waste sludge, soil
stabilizer for construction purposes, and fill material*.

Coal Combustion By-Products:  Coal combustion fly ash and flue gas
desulfurization by-products may be used as:  Raw material in
manufactured gypsum, wallboard, plaster or similar product, or in
calcium chloride or absorbents, or fill material*.  Coal combustion fly
ash, bottom ash or boiler slag may be used as:  Raw material in the
manufacture of cement or concrete products, asphalt products or plastic
products, raw material used in mineral recovery, subbase for
hard-surface road construction, soil stabilization for construction
purposes, or fill material*.  Coal combustion bottom ash may also be
used as:  A traction agent for surfaces used by vehicles or sandblasting
abrasive.  All coal combustion by-products may also be used as
alternative cover at a sanitary landfill when mixed with soil in a 50/50
volume.

Foundry Sand: Raw material in the manufacture of asphalt products,
cement or concrete products, leachate control drainage material at a
sanitary landfill, subbase for hard-surface road construction, emergency
flood control use for sandbags, or fill material*.  May also be used as
alternative cover at a sanitary landfill when mixed with soil in a 50/50
volume.

Glass (uncontaminated, unleaded glass):  Raw material in the manufacture
of asphalt products, sandblasting or other abrasive, leachate control
drainage material at a sanitary landfill, filter media, subbase for
hard-surface road construction, or fill material*.  May also be used as
alternative cover at a sanitary landfill when ground to an average size
of ½-inch and mixed with soil in a 10/90 volume.

Gypsum and Gypsum Wallboard:  All gypsum and gypsum wallboard may be
used as: Raw material in the manufacture of absorbents, other gypsum
products, wallboard, plaster or similar products.  Gypsum and gypsum
wallboard that have not been treated to be water resistant or fire
retardant may be used as: Calcium additive for agricultural use, or soil
or compost amendment.  All gypsum and gypsum wallboard may be used as
alternative cover at a sanitary landfill when ground to an average size
of 3 inches and mixed with soil in a 50/50 volume.

Lime (produced from public water supplies):  Soil amendment or raw
material in the manufacture of calcium carbonate or similar substances.

Lime Kiln Dust:  Raw material in the manufacture of absorbents, cement
or concrete products, subbase for hard-surface road construction, soil
or compost amendment, stabilizer for manure and waste sludge, soil
stabilizer for construction purposes or fill material*.

Paper Mill Sludge (uncontaminated and dewatered):  Fuel or energy
source, bulking agent or carbon source for composting, animal bedding,
or raw material in the manufacture of absorbents. May also be used as
alternative cover at a sanitary landfill when mixed with soil in a 50/50
volume.

Rubble (uncontaminated, such as concrete, brick, asphalt pavement, soil
and rock): Substitute for conventional aggregate.

Sandblasting Abrasives (not containing lead-based paint): Raw material
in the manufacture of cement or concrete products, asphalt products or
abrasive products, subbase for hard-surface road construction, or fill
material*.  May also be used as alternative cover at a sanitary landfill
when mixed with soil in a 50/50 volume.

Soil (uncontaminated):  Fill, landscaping, excavation, grading or other
suitable purpose, or alternative cover at a sanitary landfill.

Petroleum-Contaminated Soil (decontaminated to the satisfaction of the
DNR): Fill material at the original excavation site or alternative cover
material at a sanitary landfill.

Wastewater Filter Sand:  Fill material* or subbase for hard-surface road
construction.

Wood (uncontaminated or untreated): Fuel or energy source, bulking agent
for composting, mulch, animal bedding, raw material in the manufacture
of paper products, particle board, or similar materials.

Wood Ash (from the combustion of uncontaminated, untreated or raw wood):
 Soil amendment, carbon source for composting, raw material in the
manufacture of cement or concrete products, or fill material*.

By-products other than those listed above may be issued beneficial use
determination after submitting the following information to the DNR.

Contact information for the owner of the site where the project will be
located, applicant for the beneficial use determination, person
responsible for the project, Professional Engineer (PE) retained for the
project, if any, and agency/responsible official of agency to be served
by the project, if any.

A description of the by-product and its proposed use(s), as well as a
chemical and physical description of the by-product and proposed
products.

Demonstration that there is a known or reasonably probable market for
the intended use of the by-product including a contract to purchase or
utilize the by-product, a description of how it will be used, a
demonstration that the by-product complies with industry standards for a
product and/or other documentation that a market exists.

Demonstration that the by-product is not dangerous to the health of the
environmental or people, including, but not limited to TCLP and total
metals test results.

A by-product management plan.

*  Requirements for reuse as fill material

All by-products (other than rubble and soil) intended for reuse as fill
material must meet the following requirements, unless a variance is
obtained from the DNR:

Less than 10 times the maximum contaminant level for drinking water (IAC
567 Chapter 41) measured by the synthetic precipitation leaching
procedure (SPLP, EPA Method 1312).  (Foundry sand and coal combustion
by-products may limit SPLP testing to total metals for drinking water.)

Total metals testing results, including thallium, equal to statewide
standards for soil.

Specific pH range depending on the future intended use of the fill.

Fill will not be placed in a waterway, wetland, below or within five
feet of the high water table, within the 100-year flood plain, or closer
than 200 feet to a sinkhole or well that is, or could be, used for
livestock or human consumption.

The fill will not be putrescible.

By-Product Management Plans

Any entity proposing a new by-product for reuse (not listed above), and
generators of foundry sand and coal combustion by-products must develop
and maintain a by-product management plan containing the following:

List of the sources of the by-product

Procedure for periodic testing of the by-product to ensure chemical and
physical composition has not changed significantly

Description of storage procedures including location(s), maximum
anticipated inventory, including dimensions of stockpiles, run-on and
run-off controls (which may include an NPDES permit), management
practices to minimize uncontrolled dispersion, and maximum storage time,
not to exceed 6 months.

Record Keeping Requirements

Any entity engaging in the beneficial use of a by-product (other than
alternative cover) who satisfies at least one of the following criteria
must meet the record keeping requirements listed:

Entity has been granted a beneficial use determination,

The by-product is not rubble or soil, and is being used as fill
material,

The by-product is foundry sand or a coal combustion by-product.

Requirements

Maintain all records related to the by-product management plan for a
minimum of five years.

A copy of the by-product management plan will be submitted to the DNR
and applicable DNR field office whenever the plan is revised, or within
60 days of the end of the calendar year, whichever is earlier.

Generators whose by-product is being reused as fill material must submit
in writing the location and tons of by-product used for each project
within 60 days of the end of the calendar year.


[Federal Register Volume 85, Number 20 (Thursday, January 30, 2020)]
[Notices]
[Pages 5425-5426]
[FR Doc No: 2020-01691]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 15020-000]

Gridflex Energy, LLC; Notice of Preliminary Permit Application
Accepted for Filing and Soliciting Comments, Motions To Intervene, and
Competing Applications

    On January 6, 2020, Gridflex Energy, LLC (Gridflex) filed an
application for a preliminary permit, pursuant to section 4(f) of the
Federal Power Act (FPA), proposing to study the feasibility of the
Eldorado Pumped Storage Project to be located in Clark County, Nevada.
Gridflex subsequently amended its application on January 10, 2020. The
sole purpose of a preliminary permit, if issued, is to grant the permit
holder priority to file a license application during the permit term. A
preliminary permit does not authorize the permit holder to perform any
land-disturbing activities or otherwise enter upon lands or waters
owned by others without the owners' express permission.
    The proposed project would consist of the following: (1) An upper
reservoir having a total storage capacity of 5,500 acre feet at
elevation of 3,520 feet mean sea level (msl), and a surface area of 104
acres; (2) two upper reservoir dams, the first dam would be 110-foot-
high and the second would be 60-foot-high, each upper reservoir dam
would have a crest length of 1,100 feet; (3) a lower reservoir having a
total storage capacity of 5,500 acre feet at elevation of 2,100 msl and
a surface area of 102 acres (Alternative A) or a lower reservoir having
a total storage capacity of 5,500 acre feet at elevation of 2,420 msl
and a surface area of 95 acres (Alternative B); (4) a lower reservoir
dam with a maximum height of 55 feet and a crest length of 8,720 feet
(Alternative A) or a lower reservoir dam with a maximum height of 120
feet and having a crest length of 5,600 feet (Alternative B); (5) a
1,300-foot-long, 22-foot-diameter vertical power shaft, a 5,000-foot-
long, 22-foot-diameter headrace tunnel, and a 7,000-foot-long, 25-foot-
diameter tailrace tunnel (Alternative A) or a 1,000-foot-long, 19-foot-
diameter vertical power shaft, a 4,000-foot-long, 19-foot-diameter
headrace tunnel, and a 5,000-foot-long, 22-foot-diameter tailrace
tunnel (Alternative B); (6) an underground 400-foot-long, 80-foot-wide,
120-foot-high, underground powerhouse (Alternative A) or a 350-foot-
long, 80-foot-wide, 120-foot-high, underground powerhouse (Alternative
B); (7) three 250-Megawatt (MW) variable speed reversible pump turbines
and motor-generators (Alternative A) or three 200-Megawatt (MW)
variable speed reversible pump turbines and motor-generators
(Alternative B), with a 1,420-feet or 1,100-feet of operating head,
respectively; (8) a new twin circuit 230 kilovolt (kV), 5.5-mile-long
transmission line with an interconnection at the Eldorado Substation
near Boulder City, Nevada; and (9) appurtenant facilities. The
applicant is considering multiple sources of water for the initial fill
and makeup water including the Southern Nevada Water Authority. The
estimated annual generation of the Project would be 1,314,000 Megawatt-
hours MWh (Alternative A) or 1,051,200 MWh (Alternative B).
    Applicant Contact: Mr. Matthew Shapiro, CEO, Gridflex Energy, LLC,
424 W Pueblo St., #A, Boise, ID 83702;<PHONE_NUMBER>.
    FERC Contact: Benjamin Mann; Email<EMAIL_ADDRESS>phone:
(202) 502-8127.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: Sixty (60) days from the issuance of this
notice. Competing applications and notices of intent must meet the
requirements of 18 CFR 4.36.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, notices of intent, and competing
applications 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-15020-000.
    More information about this project, including a copy of the
application, can be viewed or printed on the eLibrary link of
Commission's website at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-15020) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: January 24, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-01691 Filed 1-29-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 32 (Wednesday, February 16, 2011)]
[Notices]
[Pages 9065-9067]
[FR Doc No: 2011-3441]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63881; File No. SR-NYSEArca-2010-120]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Approving a
Proposed Rule Change To List and Trade Shares of the SPDR Nuveen S&P
High Yield Municipal Bond ETF

February 9, 2011.

I. Introduction

    On December 21, 2010, 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 (``Shares'') of the SPDR Nuveen S&P High Yield Municipal Bond
ETF (``ETF'' or ``Fund'') under NYSE Arca Equities Rule 5.2(j)(3),
Commentary .02. The proposed rule change was published for comment in
the Federal Register on January 6, 2011.\3\ The Commission received no
comments on the proposal. This order approves 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. 63624 (December 30,
2010), 76 FR 805 (``Notice'').
---------------------------------------------------------------------------

II. Description of the Proposal

    The Exchange proposes to list and trade shares (``Shares'') under
NYSE Arca Equities Rule 5.2(j)(3), Commentary .02, which governs the
listing and trading of Investment Company Units (``Units''), of the
following series of the SPDR Series

Trust (``Trust'') based on the S&P Municipal Yield Index (``Index''):
SPDR Nuveen S&P HighYield Municipal Bond ETF (``Fund'' or ``ETF'').
    The SPDR Nuveen S&P High Yield Municipal Bond ETF\4\ seeks to
provide investment results that, before fees and expenses, correspond
generally to the price and yield performance of the Index, which tracks
the U.S. municipal bond market, and to provide income that is exempt
from regular Federal income taxes.\5\
---------------------------------------------------------------------------

    \4\ Standard & Poor's Financial Services LLC is the Index
Sponsor with respect to the Index. The Exchange has represented that
the Index Sponsor is not affiliated with a broker-dealer and has
implemented procedures designed to prevent the use and dissemination
of material, non-public information regarding the Index.
    \5\ See the Trust's registration statement on Form N-1A under
the Securities Act of 1933 (15 U.S.C. 77a) and the Investment
Company Act of 1940 (15 U.S.C. 80a), dated February 22, 2010 (File
No. 333-57793 and 811-08839) (``Registration Statement'').
---------------------------------------------------------------------------

    The Index consists of categories of bonds in the following
proportions: (i) 70% of the Index constituents are components of the
Standard & Poor's/Investortools High Yield Bond Index,\6\ which are
non-rated or are rated below investment grade; (ii) 20% of the Index
constituents are components of the Standard & Poor's/Investortools Bond
Index that are rated Baa3, Baa2, or Baa1 by Moody's Investors Service,
or BBB-, BBB, or BBB+ by Standard and Poor's or Fitch; and (iii) 10% of
the Index constituents are components of the Standard & Poor's/
Investortools Bond Index that are rated A3, A2, or A1 by Moody's
Investor Services, or A-, A, or A+ by Standard & Poor's or Fitch.\7\ As
of December 20, 2010, there were approximately 21,141 issues included
in the Index.
---------------------------------------------------------------------------

    \6\ The Standard & Poor's/Investortools Municipal Bond Index is
composed of bonds held by managed municipal bond fund customers of
Standard & Poor's Securities Pricing, Inc. that are priced daily.
Only bonds with total outstanding amounts of $2,000,000 or more
qualify for inclusion. The Standard and Poor's/Investortools
Municipal Bond High Yield Index is comprised of all bonds in the
Standard and Poor's/Investortools Municipal Bond Index that are non-
rated or whose ratings are BB+ S&P and/or BA-1 Moody's or lower.
This index does not contain bonds that are prerefunded or are
escrowed to maturity.
    \7\ Where the ratings assigned by the agencies are not
consistent, the Index will use the middle rating if three ratings
are available, and the lower of two ratings if only two ratings are
available.
---------------------------------------------------------------------------

    The Exchange submitted this proposed rule change because the Index
underlying the Fund does not meet all of the ``generic'' listing
requirements of Commentary .02(a)(2) to NYSE Arca Equities Rule
5.2(j)(3) applicable to listing of Units based on US indexes.
Specifically, the Index does not meet the requirement set forth in
Commentary .02(a)(2): \8\ As of December 20, 2010, 26.47% of the weight
of the Index components have a minimum principal amount outstanding of
$100 million or more. The Exchange represents that: (1) Except for
Commentary .02(a)(2) to NYSE Arca Equities Rule 5.2(j)(3), the Shares
currently satisfy all of the generic listing standards under NYSE Arca
Equities Rule 5.2(j)(3); (2) the continued listing standards under NYSE
Arca Equities Rules 5.2(j)(3) and 5.5(g)(2) applicable to Units shall
apply to the Shares; and (3) the Trust is required to comply with Rule
10A-3 \9\ under the Exchange Act for the initial and continued listing
of the Shares. In addition, the Exchange represents that the Shares
will comply with all other requirements applicable to Units including,
but not limited to, requirements relating to the dissemination of key
information such as the value of the Index and Intraday Indicative
Value, rules governing the trading of equity securities, trading hours,
trading halts, surveillance, and the Information Bulletin to ETP
Holders, as set forth in Exchange rules applicable to Units and prior
Commission orders approving the generic listing rules applicable to the
listing and trading of Units.\10\
---------------------------------------------------------------------------

    \8\ Commentary .02(a)(2) to NYSE Arca Equities Rule 5.2(j)(3)
provides that components that in the aggregate account for at least
75% of the weight of the index or portfolio each shall have a
minimum principal amount outstanding of $100 million or more.
    \9\ 17 CFR 240.10A-3.
    \10\ See, e.g., Securities Exchange Act Release Nos. 55783 (May
17, 2007), 72 FR 29194 (May 24, 2007) (SR-NYSEArca-2007-36) (order
approving NYSE Arca generic listing standards for Units based on a
fixed income index); 44551 (July 12, 2001), 66 FR 37716 (July 19,
2001) (SR-PCX-2001-14) (order approving generic listing standards
for Units and Portfolio Depositary Receipts); 41983 (October 6,
1999), 64 FR 56008 (October 15, 1999) (SR-PCX-98-29) (order
approving rules for listing and trading of Units).
---------------------------------------------------------------------------

    Detailed descriptions of the Fund, the Index, procedures for
creating and redeeming Shares, transaction fees and expenses,
dividends, distributions, taxes, risks, and reports to be distributed
to beneficial owners of the Shares can be found in the Registration
Statement or on the Web site for the Fund (http://www.spdr.com), as
applicable.

III. Discussion and Commission's Findings

    After careful consideration, the Commission finds that the proposed
rule change is consistent with the requirements of the Act and the
rules and regulations thereunder applicable to a national securities
exchange.\11\ In particular, the Commission believes that the proposal
is consistent with Section 6(b)(5) of the Act,\12\ which requires,
among other things, that the rules of a national securities exchange be
designed to promote just and equitable principles of trade, 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.
---------------------------------------------------------------------------

    \11\ In approving this rule change, the Commission notes that it
has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
    \12\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Although NYSE Arca Equities Rule 5.2(j)(3) permits the Exchange to
list Units based on U.S. indexes pursuant to Rule 19b-4(e) under the
Act,\13\ the Index for the Fund does not meet all of the generic
listing requirements applicable to the listing of Units based on U.S.
indexes. Specifically, the Index does not satisfy Commentary .02(a)(2)
to NYSE Arca Equities Rule 5.2(j)(3), which requires that components
that in the aggregate account for at least 75% of the weight of the
index or portfolio each shall have a minimum principal amount
outstanding of $100 million or more. According to the Exchange, as of
December 20, 2010, 26.47% of the weight of the Index components had a
minimum principal amount outstanding of $100 million or more.
---------------------------------------------------------------------------

    \13\ See 17 CFR 240.19b-4(e). See also Commentary .02 to NYSE
Arca Equities Rule 5.2(j)(3).
---------------------------------------------------------------------------

    The Commission believes that the listing and trading of the Shares
is consistent with the Act. The Commission believes that the Index is
not susceptible to manipulation. As of December 20, 2010, there were
approximately 21,141 issues included in the Index and the total dollar
amount outstanding of issues in the Index was approximately $532.82
billion. Further, the most heavily weighted component represents 0.86%
of the weight of the Index and the five most heavily weighted
components represent 2.52% of the weight of the Index.
    The Commission also notes that, based on the Exchange's
representations: (1) The Shares currently satisfy all of the generic
listing standards under NYSE Arca Equities Rule 5.2(j)(3), except for
the requirement under Commentary .02(a)(2); (2) the Shares will be
subject to all of the continued listing standards under NYSE Arca
Equities Rules 5.2(j)(3) and 5.5(g)(2) applicable to Units; and (3) the
Trust is required to comply with Rule 10A-3 under the Act for the
initial and continued listing of Shares.\14\ The Commission also notes
that Shares of

the Fund will comply with all other requirements of NYSE Arca Equities
Rule 5.2(j)(3), applicable to Units including, but not limited to,
requirements relating to the dissemination of key information such as
the Index value and Intraday Indicative Value, rules governing the
trading of equity securities, trading hours, trading halts,
surveillance, firewalls, and Information Bulletins to ETP Holders, as
set forth in prior Commission orders approving the generic listing
rules applicable to the listing and trading of Units.
---------------------------------------------------------------------------

    \14\ See 17 CFR 240.10A-3.
---------------------------------------------------------------------------

    For the foregoing reasons, the Commission finds that the proposed
rule change is consistent with Section 6(b)(5) of the Act \15\ and the
rules and regulations thereunder applicable to a national securities
exchange.
---------------------------------------------------------------------------

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

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\16\ that the proposed rule change (SR-NYSEArca-2010-120), be, and
it hereby is, approved.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
---------------------------------------------------------------------------

    \17\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-3441 Filed 2-15-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 90 (Wednesday, May 12, 2021)]
[Rules and Regulations]
[Pages 25954-25956]
[FR Doc No: 2021-10044]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2020-0412; FRL-10023-86-Region 5]

Air Plan Approval; Michigan; Part 18 and Part 19 Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving
Michigan Department of Environment, Great Lakes, and Energy (EGLE)
promulgated revisions to its Part 18 Prevention of Significant
Deterioration of Air Quality rule and the Part 19 New Source Review for
Major Sources Impacting Nonattainment Areas rule. The revisions made to
Part 18 and Part 19 were adopted to ensure consistency with Federal
rule language and other parts of the Michigan air quality rules. The
rule changes are administrative and are intended to provide clarity to
the already approved rule language.

DATES: This direct final rule is effective July 12, 2021, unless EPA
receives adverse comments by June 11, 2021. If adverse comments are
received, EPA will publish a timely withdrawal of the direct final rule
in the Federal Register informing the public that the rule will not
take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2020-0412 at http://www.regulations.gov or via email to
<EMAIL_ADDRESS>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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: YeChan Lim, Environmental Engineer,
Air Permits Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604,<PHONE_NUMBER><EMAIL_ADDRESS>The EPA Region 5
office 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.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

I. What action is EPA taking?

    On August 5, 2020, EGLE submitted a revision to its Michigan State
Implementation Plan (SIP). The changes are administrative and involve
wording changes to ensure consistency across the Michigan Part 18 and
19 rules, updates to make the Michigan rules consistent with Federal
requirements, transfer of adoptions by reference, and corrections to
grammar and typographical errors.
    EPA is approving into the Michigan SIP revisions to Michigan air
pollution control rules Part 18, Prevention of Significant
Deterioration of Air Quality. Specifically, we are approving revisions
to R 336.2801 ``Definitions'', R 336.2802 ``Applicability'', R 336.2809
``Exemptions'', R 336.2810 ``Control technology review'', R 336.2813
``Air quality analysis'', R 336.2816 ``Sources impacting federal class
I areas; additional requirements'', and R 336.2823 ``Actuals plantwide
applicability limits (PALs)''. These revisions were made to ensure
consistency with Federal rule language and other parts of the Michigan
air quality rules.
    EPA is also approving into the Michigan SIP revisions to Part 19,
New Source Review for Major Sources Impacting Nonattainment Areas.
Specifically, we are approving revisions to R 336.2901 ``Definitions'',
R 336.2902 ``Applicability'', R 336.2903 ``Additional permit
requirements for sources impacting nonattainment areas'', R 336.2907
``Actuals plant wide applicability limits or PALs'', and R 336.2908
``Conditions for approval of a major new source review permit in a
nonattainment area''. Part 19 was missing definitions that were in the
corresponding Federal regulations. The R 336.2901 revisions provided
definitions for the phrases ``Functionally equivalent component'' and
``Process Unit'', along with revisions to the definition ``Net
emissions increase''. Additionally, portions of R 336.2802 and R
336.2902 were based on identical Federal language, and revisions were
made to ensure consistency in rule interpretation across both of these
rule parts and with Federal regulations. These revisions were made to
ensure consistency with Federal rule language and other parts of the
Michigan air quality rules. Finally, EPA is approving into the Michigan
SIP, the removal of R 336.2901a from Part 19. R 336.2901a, the adoption
by reference, was transferred to Part 9 of Michigan's administrative
rules. EGLE also requested the removal of R 336.2801a from Part 18 of
the SIP however, R 336.2801a was never approved into the SIP.
Therefore, EPA will not be acting on that request.
    We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the state plan if relevant adverse
written comments are filed. This rule will be effective July 12, 2021
without further notice unless we receive relevant adverse written
comments by June 11, 2021. If we receive such comments, we will
withdraw this action before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on the proposed action. EPA will not institute a second comment
period. Any parties interested in commenting on this action should do
so at this time. Please note that if EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, EPA may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
If we do not receive any comments, this action will be effective July
12, 2021.

II. 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 Michigan
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).
Therefore, these materials have been approved by EPA for inclusion in
the SIP, have been incorporated by reference by EPA into that plan, are
fully federally enforceable under sections 110 and 113 of the Clean Air
Act as of the effective date of the final rulemaking of EPA's approval,
and will be incorporated by reference in the next update to the SIP
compilation.\1\
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

    Also in this document, as described in the amendments to 40 CFR
part 52 set forth below, EPA is removing provisions of the EPA-Approved
Michigan Regulations and Statutes from the Michigan SIP, which is
incorporated by reference in accordance with the requirements of 1 CFR
part 51.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the 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 12, 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2) of the
Clean Air Act.)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: May 7, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.

    For the reasons stated in the preamble, EPA amends title 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. In Sec.  52.1170, the table in paragraph (c) is amended:
0
a. Under ``Part 18. Prevention of Significant Deterioration of Air
Quality'' by revising the entries for R 336.2801, R 336.2802, R
336.2809, R 336.2810, R 336.2813, R 336.2816, and R 336.2823; and
0
b. Under ``Part 19. New Source Review for Major Sources Impacting
Nonattainment Areas'':
0
i. By revising the entries for R 336.2901, R 336.2902, R 336.2903, R
336.2907, and R 336.2908; and
0
ii. By removing without replacement the entry for R 336.2901a.
    The revisions read as follows:

Sec.  52.1170   Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Michigan Regulations
----------------------------------------------------------------------------------------------------------------
                                                             State
        Michigan citation                 Title         effective date   EPA approval date         Comments
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                         Part 18. Prevention of Significant Deterioration of Air Quality
----------------------------------------------------------------------------------------------------------------
R 336.2801.......................  Definitions........      01/02/2019  May 12, 2021,
                                                                         [INSERT Federal
                                                                         Register CITATION].
R 336.2802.......................  Applicability......      01/02/2019  [May 12, 2021,
                                                                         [INSERT Federal
                                                                         Register CITATION].

                                                  * * * * * * *
R 336.2809.......................  Exemptions.........      01/02/2019  May 12, 2021,
                                                                         [INSERT Federal
                                                                         Register CITATION].
R 336.2810.......................  Control technology       01/02/2019  May 12, 2021,
                                    review.                              [INSERT Federal
                                                                         Register CITATION].

                                                  * * * * * * *
R 336.2813.......................  Air quality              01/02/2019  May 12, 2021,
                                    analysis.                            [INSERT Federal
                                                                         Register CITATION].

                                                  * * * * * * *
R 336.2816.......................  Sources impacting        01/02/2019  May 12, 2021,
                                    federal class I                      [INSERT Federal
                                    areas; additional                    Register CITATION].
                                    requirements.

                                                  * * * * * * *
R 336.2823.......................  Actuals plantwide        01/02/2019  May 12, 2021,
                                    applicability                        [INSERT Federal
                                    limits (PALs).                       Register CITATION].
----------------------------------------------------------------------------------------------------------------
                   Part 19. New Source Review for Major Sources Impacting Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
R 336.2901.......................  Definitions........      01/02/2019  May 12, 2021,
                                                                         [INSERT Federal
                                                                         Register CITATION].
R 336.2902.......................  Applicability......      01/02/2019  May 12, 2021,
                                                                         [INSERT Federal
                                                                         Register CITATION].
R 336.2903.......................  Additional permit        01/02/2019  May 12, 2021,
                                    requirements for                     [INSERT Federal
                                    sources impacting                    Register CITATION].
                                    nonattainment
                                    areas.
R 336.2907.......................  Actuals plant wide       01/02/2019  May 12, 2021,
                                    applicability                        [INSERT Federal
                                    limits or PALs.                      Register CITATION].
R 336.2908.......................  Conditions for           01/02/2019  May 12, 2021,
                                    approval of a                        [INSERT Federal
                                    major new source                     Register CITATION].
                                    review permit in a
                                    nonattainment area.

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

* * * * *
[FR Doc. 2021-10044 Filed 5-11-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 93 (Wednesday, May 14, 2014)]
[Notices]
[Pages 27600-27601]
[FR Doc No: 2014-10959]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2003-0004; FRL-9909-73]

Access to Confidential Business Information by Electronic
Consulting Services Federal Inc. and Its Identified Subcontractors

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has authorized its contractor, Electronic Consulting
Services Federal Inc. (ECS) of Fairfax, VA and its subcontractors, to
access information which has been submitted to EPA under all sections
of the Toxic Substances Control Act (TSCA). Some of the information may
have been claimed or determined to be Confidential Business Information
(CBI).

DATES: Access to the confidential data occurred on or about March 31,
2014.

FOR FURTHER INFORMATION CONTACT:
    For technical information contact: Scott Sherlock, Environmental
Assistance Division (7408M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; 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. General Information

A. Does this action apply to me?

    This action is directed to the public in general. This action may,
however, be of interest to all who manufacture, process, or distribute
industrial chemicals. Since other entities may also be interested, the
Agency has not attempted to describe all the specific entities that may
be affected by this action.

B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPPT-2003-0004, 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.

II. What action is the Agency taking?

    Under EPA contract number GS-35F-0601K, order number EP-G12H-00442,
contractor ECS of 2750 Prosperity Avenue, Suite 600, Fairfax, VA;
Agensys Corporation of 23700 Pebble Run Place, Suite 100, Ashburn, VA;
Apex Systems of 5430 Wade Park Boulevard, Suite 302, Raleigh, NC; and
Tek Systems, Inc. of 7437 Race Road, Hanover, MD are assisting EPA by
performing upgrades of EZ Tech managed computers at Headquarters,
Research Triangle Park, NC and Cincinnati, OH EPA Program Offices.
    In accordance with 40 CFR 2.306(j), EPA has determined that under
EPA contract number GS-35F-0601K, order number EP-G12H-00442, ECS and
its subcontractors required access to CBI submitted to EPA under all
section(s) of TSCA to perform successfully the duties specified under
the contract. ECS and its subcontractors' personnel were given access
to information submitted to EPA under all section(s) of TSCA. Some of
the information may have been claimed or determined to be CBI.
    EPA is issuing this notice to inform all submitters of information
under all sections of TSCA that EPA has provided ECS and its
subcontractors access to these CBI materials on a need-to-know basis
only. All access to TSCA CBI under this contract is taking place at EPA
Headquarters, Research Triangle Park, NC and Cincinnati, OH in
accordance with EPA's TSCA CBI Protection Manual.
    Access to TSCA data, including CBI, will continue until September
20, 2016. If the contract is extended, this access will also continue
for the duration of the extended contract without further notice.
    ECS and its subcontractors' personnel have signed nondisclosure
agreements and were briefed on appropriate security procedures before
they were permitted access to TSCA CBI.

List of Subjects

    Environmental protection, Confidential business information.

    Dated: April 24, 2014.
Sonchi Tran,
Acting Director, Information Management Division, Office of Pollution
Prevention and Toxics.
[FR Doc. 2014-10959 Filed 5-13-14; 8:45 am]
BILLING CODE 6560-50-P