[Federal Register Volume 85, Number 223 (Wednesday, November 18, 2020)]
[Proposed Rules]
[Pages 73439-73446]
[FR Doc No: 2020-25032]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[EPA-HQ-OPPT-2020-0302; FRL-10013-54]
RIN 2070-AB27

Modification of Significant New Uses of Certain Chemical
Substances (20-2.M)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to amend significant new use rules (SNURs)
issued under the Toxic Substances Control Act (TSCA) for certain
chemical substances, which were the subject of a premanufacture notice
(PMN) and a significant new use notice (SNUN). EPA is proposing these
amendments following review of SNUNs for the chemical substances and
based on review of new and existing data. Specifically, this action
proposes to amend the SNURs to allow certain new uses reported in the
SNUNs without additional notification requirements and modify the
significant new use notification requirements based on the actions and
determinations for the SNUN submissions.

DATES: Comments must be received on or before December 18, 2020.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2020-0302, using the Federal eRulemaking Portal
at http://www.regulations.gov. Follow the online instructions for
submitting comments. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.
    Due to the public health concerns related to COVID-19, the EPA
Docket Center (EPA/DC) and Reading Room is closed to visitors with
limited exceptions. The staff continues to provide remote customer
service via email, phone, and webform. For the latest status
information on EPA/DC services and docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For technical information contact:
William Wysong, New Chemicals Division (7405M), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number:
(202) 564-4163; 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?

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

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at https://www.epa.gov/dockets/commenting-epa-dockets.

II. Background

A. What action is the Agency taking?

    EPA is proposing amendments to the SNURs for certain chemical
substances in 40 CFR part 721, subpart E. A SNUR for a chemical
substance designates certain activities as a significant new use.
Persons who intend to manufacture or process the chemical substance for
the significant new use must notify EPA at least 90 days before
commencing that activity. The required notification (i.e., a SNUN)
initiates EPA's evaluation of the intended use within the applicable
review period. Manufacture and processing for the significant new use
may not commence until EPA has conducted a review of the notice, made
an appropriate determination on the notice, and taken such actions as
are required with that determination.

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

    TSCA section 5(a)(2) (15 U.S.C. 2604(a)(2)) authorizes EPA to
determine that a use of a chemical substance is a ``significant new
use.'' EPA must make this determination by rule after considering all
relevant factors and may issue or modify a TSCA section 5(e) order and/
or amend the SNUR promulgated under TSCA section 5(a)(2). Procedures
and criteria for modifying or revoking SNUR requirements appear at 40
CFR 721.185.

C. How do the SNUR general provisions apply to this action?

    General provisions for SNURs appear in 40 CFR part 721, subpart A.
These provisions describe persons subject to the final rule,
recordkeeping requirements, exemptions to reporting requirements, and
applicability of the rule to uses occurring before the effective date
of the final rule. Provisions relating to user fees appear at 40 CFR
part 700. According to 40 CFR 721.1(c), persons subject to these SNURs
must comply with the same notice requirements and EPA regulatory
procedures as submitters of PMNs under TSCA section 5(a)(1)(A). In
particular, these requirements include the information submission
requirements of TSCA sections 5(b) and 5(d)(1), the exemptions
authorized by TSCA sections 5(h)(1), (h)(2), (h)(3), and (h)(5), and
the regulations at 40 CFR part 720. Once EPA receives a SNUN, EPA must
either determine that the significant new use is not likely to present
an unreasonable risk of injury or take such regulatory action as is
associated with an alternative determination before the manufacture or
processing for the significant new use can commence. If EPA determines
that the significant new use is not likely to present an unreasonable
risk, EPA is required under TSCA section 5(g) to make public, and
submit for publication in the Federal Register, a statement of EPA's
findings.

III. Significant New Use Determination

    TSCA section 5(a)(2) states that EPA's determination that a use of
a chemical substance is a significant new use must be made after
consideration of all relevant factors, including:
     The projected volume of manufacturing and processing of a
chemical substance.
     The extent to which a use changes the type or form of
exposure of human beings or the environment to a chemical substance.
     The extent to which a use increases the magnitude and
duration of exposure of human beings or the environment to a chemical
substance.
     The reasonably anticipated manner and methods of
manufacturing, processing, distribution in commerce, and disposal of a
chemical substance.
    In determining whether and how to modify the significant new uses
for the chemical substances that are the subject of these SNURs, and as
described in the preamble to the proposed rule, EPA considered relevant
information about the toxicity of the chemical substance, likely human
exposures and environmental releases associated with possible uses, and
the four TSCA section 5(a)(2) factors listed in this unit.

IV. Substances Subject to Proposed Significant New Use Rule Amendments
and Proposed Changes

    EPA is proposing to amend the significant new use and recordkeeping
requirements for chemical substances in 40 CFR part 721, subpart E. In
this unit, EPA provides the following information for each chemical
substance:
     PMN number and SNUN number.
     Chemical name (generic name, if the specific name is
claimed as CBI).
     Chemical Abstracts Service (CAS) number (if assigned for
non-confidential chemical identities).
     Citation for the final SNUR. This is the citation to the
final rule that established the SNUR that EPA is proposing to amend.
     Basis for the proposed amendment.
     Potentially Useful Information. This is information
identified by EPA that would help characterize the potential health
and/or environmental effects of the chemical substance in support of a
request by the PMN submitter to modify the TSCA 5(e) order, or if a
manufacturer or processor is considering submitting a SNUN for a
significant new use designated as such by the SNUR.
     CFR citation. This is the citation for the codified SNUR
that EPA is proposing to amend.

PMN P-99-1202 and SNUN S-15-6

    Chemical name: Sulfonyl azide intermediate (generic).
    CAS number: Not Available.
    Citation for the final SNUR: December 17, 2003 (68 FR 70174) (FRL-
7307-3).
    Basis for the modified significant new use rule: P-99-1202 and S-
15-6 state that the generic (non-confidential) use of the substance is
as a reactive additive for polymers. Based on submitted test data, EPA
identified concerns for blood, kidney and lung toxicity from inhalation
exposure to the PMN substance. Based on analogue data, EPA identified
concerns for aquatic toxicity. The original SNUR was issued based on
EPA's determination that the chemical substance met the concern
criteria at 40 CFR 721.170(b)(3)(i) and (b)(4)(ii) and requires
notification if the substance is released to water, manufactured
domestically, or processed or used as a powder.
    On March 6, 2015, EPA received a SNUN (S-15-6) for the significant
new use of importing the chemical substance as a powder. The applicable
review period for the SNUN expired on June 18, 2015. Based on submitted
test data, EPA identified concerns for blood, kidney and lung toxicity
from inhalation exposure to the PMN substance. EPA did not find that
import of the granular form of the SNUN substance would cause an
unreasonable risk to human health because it contained particles that
are greater than 200 microns and would not result in inhalation
exposures. The proposed amendment to the SNUR would modify the
significant new use notification requirement to require notification if
the chemical substance as a powder contains greater than 1% of
particles by weight less than 200 microns.
    This proposed amendment is based on 721.185, EPA's review of a
significant new use notice. After reviewing the notice, EPA concluded
that there is no need to require additional notice from persons who
propose to engage in identical or similar activities.
    Potentially Useful Information: Certain information may be
potentially useful to characterize the health and environmental effects
of the chemical substance in support of submitting a SNUN for a
significant new use that would be designated by this proposed SNUR. The
results of specific organ toxicity and aquatic toxicity testing would
help characterize the potential health and environmental effects of the
chemical substance.
    CFR citation: 40 CFR 721.983.

PMN P-90-226; SNUNs P-96-1408, S-08-6, S-09-4, S-13-49, S-16-5, and S-
17-6.

    Chemical name: Titanate [Ti6O13 (2-)], dipotassium.
    CAS number: 12056-51-8.
    Citation for the final SNUR: November 13, 2015 (80 FR 70171) (FRL-
9935-43).
    Basis for the modified significant new use rule: The generic use of
the chemical substance is as a friction material. An order for P-90-226
was issued under TSCA sections 5(e)(1)(A)(i) and 5(e)(1)(A)(ii)(I)
based on a finding that the chemical substance may present an
unreasonable risk of injury to human health. Based on test data for the
substance, EPA identified concerns for lung effects. The final SNUR
issued on November 13, 2015 required notification for domestic
manufacture, non-industrial use, manufacture other than by the methods
described in premanufacture notice P-90-226 and significant new use
notices P-96-1408, S-08-6, S-09-4, and S-13-49, and manufacture
producing respirable, acicular fibers with an average aspect ratio of
greater than 5. The average

aspect ratio is defined as the ratio of average length to average
diameter.
    On June 22, 2016, EPA received S-16-5 for the generic (non-
confidential) use of abrasion resistant applications. The applicable
review period expired on February 8, 2019. Based on test data for the
substance, EPA identified concerns for lung effects. Based on the
activities described in the SNUN, an order was issued under TSCA
sections 5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on a
determination that the chemical substance may present an unreasonable
risk of injury to human health. In addition to the restrictions
identified for the SNUR, the TSCA section 5(e) order for S-16-5
required that the substance be manufactured as described in the SNUN.
    On February 14, 2017, EPA received S-17-6 for the generic (non-
confidential) use of physical characteristics modifier for industrial
use in certain solid composite articles. The applicable review period
expired on June 14, 2018. Based on test data for the substance, EPA
identified concerns for lung effects. Based on the activities described
in the SNUN, an order was issued under TSCA sections 5(a)(3)(B)(ii)(I)
and 5(e)(1)(A)(ii)(I), based on a determination that the chemical
substance may present an unreasonable risk of injury to human health.
In addition to the restrictions identified for the SNUR, the TSCA
section 5(e) order for S-17-6 required that the substance be
manufactured as described in the SNUN including the resulting particle
size distribution. The order also required respiratory protection for
workers exposed by inhalation and included a new chemical exposure
limit of 0.8 mg/m\3\.
    The proposed amendment to the SNUR would retain the existing
significant new use notification requirements but would remove the
manufacturing processes described in S-16-5 and S-17-6 from the scope
of the significant new use. It would also add worker inhalation
protection requirements for workers who are exposed by inhalation to S-
17-6, along with related recordkeeping requirements.
    This proposed amendment is based on 721.185, EPA's review of a
significant new use notice. After reviewing the notice, EPA concluded
that there is no need to require additional notice from persons who
propose to engage in identical or similar activities.
    Potentially Useful Information: Certain information may be
potentially useful to characterize the health effects of the chemical
substances if a manufacturer or processor is considering submitting a
SNUN for a significant new use that would be designated as such by this
proposed SNUR. The results of pulmonary effects testing would help
characterize the potential health effects of the chemical substance.
    CFR citations: 40 CFR 721.9675.

PMN P-11-316

    Chemical name: Cyclohexane, oxidized, by-products from, distn.
residues.
    CAS number: 1014979-92-0.
    Citation for the final SNUR: April 4, 2012 (77 FR 20296) (FRL-9333-
3).
    Basis for the modified significant new use rule: P-11-316
identified the generic (non-confidential) uses for the substance as an
industrial solvent in closed and open systems, and as an accelerant in
permitted industrial explosives. The SNUR was issued based on EPA's
determination that the chemical substance met the concern criteria at
40 CFR 721.170(b)(4)(ii). Based on test data on analogous esters, EPA
predicted toxicity to aquatic organisms may occur at concentrations
that exceed 4 parts per billion (ppb) of the PMN substance in surface
waters. The SNUR required notification for manufacturing, processing or
use resulting in releases to surface waters that exceed 4 ppb.
    On July 22, 2017, the PMN submitter sent four acute ecotoxicity
studies to address the environmental toxicity concerns identified for
the SNUR. EPA evaluated the studies and determined that toxicity to
aquatic organisms may occur at concentrations that exceed 470 ppb.
Because there is still potential for water releases that exceed 470
ppb, the proposed amendment to the SNUR would modify the significant
new use notification requirement to require notification for
manufacturing, processing, or use resulting in releases in surface
waters that exceed 470 ppb.
    This proposed amendment is based on EPA's determination under 40
CFR 721.185(a)(1) that the test data sent to EPA provide a reasonable
basis for concluding that activities designated as significant new uses
of the substance will not present an unreasonable risk of injury to
human health or the environment.
    Potentially Useful Information: Certain information may be
potentially useful to characterize the environmental effects of the
chemical substance if a manufacturer or processor is considering
submitting a SNUN. The results of chronic aquatic toxicity testing
would help characterize the potential environmental effects of the
chemical substance.
    CFR citation: 40 CFR 721.10288.

PMN P-98-1028; and SNUNs S-14-9, S-17-12, and S-17-15

    Chemical name: 1,2,4,5,7,8-hexoxonane, 3,6,9-triethyl-3,6,9-
trimethyl-.
    CAS number: 24748-23-0.
    Citation for the final SNUR: September 21, 2012 (77 FR 58666) (FRL-
9357-2).
    Basis for the modified significant new use rule: P-98-1028 states
that the use of the chemical substance is as a viscosity modifier in
the manufacture of polypropylene manufactured and supplied as a
solution in at least 40 percent mineral spirits. The SNUR was issued
based on EPA's determination that the chemical substance met the
concern criteria at 40 CFR 721.170(b)(4)(ii). Based on test data on
analogous peroxides, EPA predicted toxicity to aquatic organisms. The
SNUR required notification for use of the chemical substance other than
as a viscosity modifier in the manufacture of polypropylene
manufactured and supplied as a solution in at least 40 percent mineral
spirits.
    On March 21, 2014, EPA received S-14-9 for the generic (non-
confidential) use of a polymerization initiator. The applicable review
period for the SNUN expired on June 18, 2014. Based on test data on
analogous peroxides, EPA identified concerns for toxicity to aquatic
organisms at a concentration as low as 1 ppb. Based on information
contained in the SNUN, EPA did not find that use of the substance as a
polymerization initiator would cause an unreasonable risk to human
health or the environment.
    On March 22, 2017, EPA received S-17-12 for the generic (non-
confidential) use of a polymerization initiator. The applicable review
period expired on March 18, 2019. Based on test data for the substance,
EPA identified concerns for lung, liver, kidney, and blood effects,
reproductive/developmental toxicity, dermal sensitization, and aquatic
toxicity. Based on the activities described in the SNUN, an order was
issued under TSCA sections 5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on a determination that the chemical substance may present an
unreasonable risk of injury to human health and the environment. The
TSCA section 5(e) order for S-17-12 required dermal and respiratory
protection for exposed workers, hazard communication requirements, no
application method that generates a mist, vapor or aerosol, and no
releases

to surface waters that exceed 56 ppb (a change from the assessment of 1
ppb for S-14-9).
    On August 31, 2017, EPA received S-17-15 for the generic (non-
confidential) use of a polymerization initiator. The applicable review
period expired on March 18, 2019. Based on test data for the substance,
EPA identified concerns for lung, liver, kidney, and blood effects,
reproductive/developmental toxicity, dermal sensitization, and aquatic
toxicity. Based on the activities described in the SNUN, an order was
issued under TSCA sections 5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on a determination that the chemical substance may present an
unreasonable risk of injury to human health and the environment. The
TSCA section 5(e) order for S-17-15 required dermal and respiratory
protection for exposed workers, hazard communication requirements, no
application method that generates a mist, vapor or aerosol, and no
releases to surface waters that exceed 56 ppb.
    The proposed amendment to the SNUR would remove use of the chemical
substance other than as a viscosity modifier in the manufacture of
polypropylene manufactured and supplied as a solution in at least 40
percent mineral spirits from the scope of the significant new use. It
would also add notification requirements for worker protection, hazard
communication, releases to surface waters exceeding 56 ppb, and
application methods that generate a mist, vapor, or aerosol based on
the TSCA 5(e) orders issued for S-17-12 and S-17-15, along with related
recordkeeping requirements.
    This proposed amendment is based on 721.185, EPA's review of a
significant new use notice. After reviewing the notice, EPA concluded
that there is no need to require additional notice from persons who
propose to engage in identical or similar activities.
    Potentially Useful Information: Certain information may be
potentially useful to characterize the health and environmental effects
of the chemical substance in support of a request to modify the TSCA
section 5(e) order, or if a manufacturer or processor is considering
submitting a SNUN for a significant new use that would be designated as
such by this proposed SNUR. The results of a toxicokinetics and chronic
aquatic toxicity testing would help characterize the potential health
and environmental effects of the chemical substance.
    CFR citation: 40 CFR 721.10432.

PMN P-15-326 and SNUN S-17-11

    Chemical name: Polyfluorohydrocarbon.
    CAS number: Not Available.
    Citation for the final SNUR: May 16, 2016 (81 FR 30452) (FRL-9944-
77).
    Basis for the modified significant new use rule: P-15-326 states
that the generic (non-confidential) use of the chemical substance is as
a specialty gas and transfer fluid. The SNUR was issued based on EPA's
determination that the chemical substance met the concern criteria at
Sec.  721.170(b)(3)(i) and (b)(3)(ii). Based on test data on the
chemical substance and structure-activity relationship (SAR) analysis
of test data on analogous substances, EPA identified concerns for
neurotoxicity, developmental toxicity, and cardiac sensitization. The
SNUR requires notification for any use of the substance other than the
confidential uses listed in the PMN or any use in a consumer product.
    On January 19, 2017, EPA received SNUN S-17-11 for the significant
new use generically described as a foam additive. The applicable review
period for the SNUN expired on January 22, 2020. Based on submitted
tests for the chemical substance, EPA identified concerns for
neurotoxicity, systemic toxicity, and developmental toxicity. Based on
the activities described in the SNUN, EPA determined under TSCA section
5(a)(3)(C) that the significant new use is not likely to present an
unreasonable risk.
    The proposed amendment to the SNUR would remove the confidential
use described in S-17-11 from the scope of the significant new use. It
would also designate as a significant new use any use other than the
confidential uses described in P-15-326 and S-17-11.
    This proposed amendment is based on 721.185, EPA's review of a
significant new use notice. After reviewing the notice, EPA concluded
that there is no need to require additional notice from persons who
propose to engage in identical or similar activities.
    Potentially Useful Information: Certain information may be
potentially useful to characterize the health effects of the chemical
substance if a manufacturer or processor is considering submitting a
SNUN for a significant new use that would be designated as such by this
proposed SNUR. The results of specific target organ toxicity testing
would help characterize the potential health effects of the chemical
substance.
    CFR citation: 40 CFR 721.10907.

PMN P-15-607 and S-17-13

    Chemical name: 1,2,4,5,7,8-hexoxonane, 3,6,9-trimethyl-, 3,6,9-
tris(alkyl) derivs.
    CAS number: Not Available.
    Citation for the final SNUR: May 16, 2016 (81 FR 30542) (FRL-9944-
77).
    Basis for the modified significant new use rule: P-15-607 states
that the generic (non-confidential) use of the chemical substance is as
a polymerization initiator. The SNUR was issued based on EPA's
determination that the chemical substance met the concern criteria at
40 CFR 721.170(b)(4)(i) and (ii). Based on test data on the substance
and on analogous peroxides, EPA predicted toxicity to aquatic organisms
at concentrations in surface waters that exceed 55 ppb. The SNUR
required notification for any use other than the confidential use
specified in the PMN.
    On March 22, 2017, EPA received S-17-13 for the generic (non-
confidential) use of a polymerization initiator. The applicable review
period expired on March 18, 2019. Based on test data for an analogous
peroxide chemical, EPA identified concerns for lung, liver, kidney, and
blood effects, reproductive/developmental toxicity, dermal
sensitization, and aquatic toxicity. Based on the activities described
in the SNUN, an order was issued under TSCA sections 5(a)(3)(B)(ii)(I)
and 5(e)(1)(A)(ii)(I), based on a determination that the chemical
substance may present an unreasonable risk of injury to human health
and the environment. The TSCA section 5(e) order for S-17-13 required
dermal and respiratory protection for exposed workers, hazard
communication requirements, no application method that generates a
mist, vapor or aerosol, and no releases to surface waters that exceed
56 ppb.
    The proposed amendment to the SNUR would remove uses other than the
confidential use described in P-15-607 from the scope of the
significant new use. It would also add notification requirements for
worker protection, hazard communication, releases to water exceeding 56
ppb, and application methods that generate a mist, vapor, or aerosol
based on the TSCA 5(e) order issued for S-17-13, along with related
recordkeeping requirements.
    This proposed amendment is based on 721.185, EPA's review of a
significant new use notice. After reviewing the notice, EPA concluded
that there is no need to require additional notice from persons who
propose to engage in identical or similar activities.

    Potentially Useful Information: Certain information may be
potentially useful to characterize the health and environmental effects
of the chemical substance in support of a request to modify the TSCA
section 5(e) order, or if a manufacturer or processor is considering
submitting a SNUN for a significant new use that would be designated as
such by this proposed SNUR. The results of a toxicokinetics and chronic
aquatic toxicity testing would help characterize the potential health
and environmental effects of the chemical substance.
    CFR citation: 40 CFR 721.10922.

V. Rationale for the Proposed Rule

    In those instances where EPA expanded the scope of or added a
significant new use, as discussed in Unit IV., the Agency identified
concerns associated with certain uses. In those instances where EPA
eliminated significant new uses, the Agency no longer identified
concerns with those new uses. In addition to considering the factors
discussed in Unit IV., EPA determined that those uses could result in
changes in the type or form of exposure to the chemical substance,
increased exposures to the chemical substance, and/or changes in the
reasonably anticipated manner and methods of manufacturing, processing,
distribution in commerce, and disposal of the chemical substance.

VI. Applicability of the Proposed Rule to Uses Occurring Before
Effective Date of the Final Rule

    To establish a significant new use, EPA must determine that the use
is not ongoing. EPA solicits comments on whether any of the uses that
are not currently a significant new use under the SNURs addressed in
this proposed rule, but which would be regulated as a ``significant new
use'' if this proposed rule is finalized, are ongoing. These specific
new uses are use without certain worker protection for the SNUR at 40
CFR 721.9675, and processing or use involving an application method
that generates a dust, vapor, mist, or aerosol, worker protection,
hazard communication, and water release requirements for the SNURs at
40 CFR 721.10432 and 10922. EPA designates November 18, 2020 as the
cutoff date for determining whether the use is ongoing. EPA has decided
that the intent of TSCA section 5(a)(1)(B) is best served by
designating a use as a significant new use as of the date of public
release of the proposed SNUR rather than as of the effective date of
the final rule. If uses begun after public release were considered
ongoing rather than new, it would be difficult for EPA to establish
SNUR notice requirements, because a person could defeat the SNUR by
initiating the proposed significant new use before the rule became
effective, and then argue that the use was ongoing as of the effective
date of the final rule.
    Thus, any persons who begin commercial manufacture or processing
activities with the chemical substance that are not currently a
significant new use under the current rule but which would be regulated
as a ``significant new use'' if this proposed rule is finalized, must
cease any such activity as of the effective date of the rule if and
when finalized. To resume their activities, these persons would have to
comply with all applicable SNUR notice requirements and wait until the
notice review period, including all extensions, expires.

VII. Development and Submission of Information

    TSCA section 5 generally does not require developing any particular
new information (e.g., generating test data) before submission of a
SNUN. There is an exception: If a person is required to submit
information for a chemical substance pursuant to a rule, order or
consent agreement under TSCA section 4, then TSCA section 5(b)(1)(A)
requires such information to be submitted to EPA at the time of
submission of the SNUN.
    In the absence of a rule, order, or consent agreement under TSCA
section 4 covering the chemical substance, persons are required only to
submit information in their possession or control and to describe any
other information known or reasonably ascertainable (40 CFR 720.50).
Unit IV. lists potentially useful information for all SNURs addressed
in this proposed rule. Descriptions of this information are provided
for informational purposes. The potentially useful information
identified in Unit IV. will be useful to EPA's evaluation of a chemical
substance in the event that someone submits a SNUN for a significant
new use pursuant to the SNURs address in this proposed rule. Companies
who are considering submitting a SNUN are encouraged, but are not
required, to develop the potentially useful information on the
substance, which may assist with EPA's analysis of the SNUN.
    EPA strongly encourages persons, before performing any testing, to
consult with the Agency. Furthermore, pursuant to TSCA section 4(h),
which pertains to reduction of testing on vertebrate animals, EPA
encourages dialogue with the Agency on the use of alternative test
methods and strategies (also called New Approach Methodologies, or
NAMs), if available, to generate the recommended test data. EPA
encourages dialogue with Agency representatives to help determine how
best the submitter can meet both the data needs and the objective of
TSCA section 4(h).
    The potentially useful information listed in Unit IV may not be the
only means of providing information to evaluate the chemical substance.
EPA recommends that potential SNUN submitters contact EPA early enough
so that they will be able to conduct the appropriate tests.
    SNUN submitters should be aware that EPA will be better able to
evaluate SNUNs which provide detailed information on the following:
Human exposure and environmental release that may result from the
significant new use of the chemical substances; and information on
risks posed by the chemical substances compared to risks posed by
potential substitutes.

VIII. SNUN Submissions

    According to 40 CFR 721.1(c), persons submitting a SNUN must comply
with the same notification requirements and EPA regulatory procedures
as persons submitting a PMN under 40 CFR part 720, including submission
of test data on health and environmental effects as described in 40 CFR
720.50. SNUNs must be submitted on EPA Form No. 7710-25, generated
using e-PMN software, and submitted to the Agency in accordance with
the procedures set forth in 40 CFR 721.25 and 40 CFR 720.40. E-PMN
software is available electronically at https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca.

IX. Economic Analysis

    EPA has evaluated the potential costs of establishing SNUN
requirements for potential manufacturers and processors of the chemical
substances subject to this proposed rule. The EPA's complete economic
analysis is available in the docket under docket ID number EPA-HQ-OPPT-
2020-0302.

X. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at https://www.epa.gov/laws-regulations-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulations and Regulatory Review

    This proposed rule would modify SNURs for chemical substances that

were the subject of a PMN and a SNUN. The Office of Management and
Budget (OMB) has exempted these types of actions from review under
Executive Order 12866, entitled Regulatory Planning and Review (58 FR
51735, October 4, 1993).

B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs

    This action is not subject to Executive Order 13771 (82 FR 9339,
February 3, 2017), because this action is not a significant regulatory
action under Executive Order 12866.

C. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden
under the PRA (44 U.S.C. 3501 et seq.). Burden is defined in 5 CFR
1320.3(b). The information collection activities associated with new
chemical SNURs have already been approved under OMB control number
2070-0012 (EPA ICR No. 0574). This action does not impose any burden
requiring additional OMB approval.
    An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information that requires OMB approval
under PRA, unless it has been approved by OMB and displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register, are
listed in 40 CFR part 9, and included on the related collection
instrument or form, if applicable. This listing of the OMB control
numbers and their subsequent codification in the CFR satisfies the
display requirements of PRA and OMB's implementing regulations at 5 CFR
part 1320.
    If an entity were to submit a SNUN to the Agency, the annual burden
is estimated to average between 30 and 170 hours per response. This
burden estimate includes the time needed to review instructions, search
existing data sources, gather and maintain the data needed, and
complete, review, and submit the required SNUN. If an entity were to
submit a SNUN to the Agency, the annual burden is estimated to average
between 30 and 170 hours per response. This burden estimate includes
the time needed to review instructions, search existing data sources,
gather and maintain the data needed, and complete, review, and submit
the required SNUN.
    Send any comments about the accuracy of the burden estimate, and
any suggested methods for minimizing respondent burden, including
through the use of automated collection techniques, to the Director,
Regulatory Support Division, Office of Mission Support (2822T),
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001. Please remember to include the OMB control number in any
correspondence, but do not submit any completed forms to this address.

D. Regulatory Flexibility Act (RFA)

    Pursuant to RFA section 605(b) (5 U.S.C. 601 et seq.), the Agency
hereby certifies that promulgation of this SNUR would not have a
significant adverse economic impact on a substantial number of small
entities. The requirement to submit a SNUN applies to any person
(including small or large entities) who intends to engage in any
activity described in this SNUR as a ``significant new use.'' Because
these uses are ``new'' based on all information currently available to
EPA it appears that no small or large entities presently engage in such
activities. A SNUR requires that any person who intends to engage in
such activity in the future must first notify EPA by submitting a SNUN.
EPA's experience to date is that, in response to the promulgation of
SNURs covering over 1,000 chemicals, the Agency receives only a small
number of notices per year. For example, the number of SNUNs received
was seven in Federal fiscal year (FY) 2013, 13 in FY2014, six in
FY2015, 10 in FY2016, 14 in FY2017, and 18 in FY2018 and only a
fraction of these were from small businesses. In addition, the Agency
currently offers relief to qualifying small businesses by reducing the
SNUN submission fee from $16,000 to $2,800. This lower fee reduces the
total reporting and recordkeeping of cost of submitting a SNUN to about
$10,116 for qualifying small firms. Therefore, the potential economic
impacts of complying with this proposed SNUR are not expected to be
significant or adversely impact a substantial number of small entities.
In a SNUR that published in the Federal Register of June 2, 1997 (62 FR
29684) (FRL-5597-1), the Agency presented its general determination
that final SNURs are not expected to have a significant economic impact
on a substantial number of small entities, which was provided to the
Chief Counsel for Advocacy of the Small Business Administration.

E. Unfunded Mandates Reform Act (UMRA)

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

F. Executive Order 13132: Federalism

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

G. Executive Order 13175: Consultation and Coordination With Indian
Tribe Governments

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

H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    This proposed rule is not subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because this is not an economically significant
regulatory action as defined by Executive Order 12866, and this action
does not address environmental health or safety risks
disproportionately affecting children. EPA interprets Executive Order
13045 as applying only to those regulatory actions that concern
environmental health or safety risks that EPA has reason to believe may
disproportionately affect children, per the definition of ``covered
regulatory action'' in section 2-202 of the Executive Order.

I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355,
May 22,

2001), because this action is not expected to affect energy supply,
distribution, or use and because this action is not a significant
regulatory action under Executive Order 12866.

J. National Technology Transfer and Advancement Act (NTTAA)

    This action does not involve any technical standards and is
therefore not subject to considerations under NTTAA section 12(d) (15
U.S.C. 272 note).

K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    This action does not entail special considerations of environmental
justice related issues as delineated by Executive Order 12898 (59 FR
7629, February 16, 1994).

List of Subjects in 40 CFR Part 721

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

    Dated: November 3, 2020.
Tala Henry,
Deputy Director, Office of Pollution Prevention and Toxics.

    Therefore, for the reasons stated in the preamble, it is proposed
that 40 CFR part 721 be amended as follows:

PART 721--[AMENDED]

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

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

0
2. Amend Sec.  721.983 by revising paragraphs (a)(1) and (2)(ii) to
read as follows:

Sec.  721.983   Sulfonyl azide intermediate (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
sulfonyl azide intermediate (PMN P-99-1202 and SNUN S-15-6) is subject
to reporting under this section for the significant new use described
in paragraph (a)(1) of this section.
    (2) * * *
    (i) * * *
    (ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(f). It is a significant new use to import,
process, or use this chemical substance as a powder unless less than 1%
of particles by weight are less than 200 microns.
* * * * *
0
3. Amend Sec.  721.9675 by revising paragraphs (a)(1), (2)(i) and (ii),
and (b)(1) to read as follows:

Sec.  721.9675   Titanate [Ti6O13 (2-)], dipotassium.

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as titanate [Ti6O13
(2-)], dipotassium (PMN P-90-226; SNUNs P-96-1408, S-08-6, S-09-4, S-
13-49, S-16-5, and S-17-6; CAS No. 12056-51-8)) is subject to reporting
under this section for the significant new uses described in paragraph
(a)(2) of this section.
    (2) * * *
    (i) Protection in the workplace. For manufacturing, processing, and
use of SN-17-6: Requirements as specified in Sec.  721.63(a)(4) through
(6), and (c). When determining which persons are reasonably likely to
be exposed as required for Sec.  721.63(a)(4), engineering control
measures (e.g., enclosure or confinement of the operation, general and
local ventilation) or administrative control measures (e.g., workplace
policies and procedures) shall be considered and implemented to prevent
exposure, where feasible. For purposes of Sec.  721.63(a)(5),
respirators must provide a National Institute for Occupational Safety
and Health assigned protection factor of at least 10. For purposes of
Sec.  721.63(a)(6), the airborne form(s) of the substance include
particulate including solid or liquid droplets.
    (A) As an alternative to the respirator requirements in paragraph
(a)(2)(i) of this section, a manufacturer or processor may choose to
follow the new chemical exposure limit (NCEL) provision listed in the
TSCA section 5(e) consent order for this substance. The NCEL is 0.8 mg/
m\3\ as an 8-hour time weighted average. Persons who wish to pursue
NCELs as an alternative to Sec.  721.63 respirator requirements may
request to do so under Sec.  721.30. Persons whose Sec.  721.30
requests to use the NCELs approach that are approved by EPA, will be
required to follow NCELs provisions comparable to those contained in
the corresponding TSCA section 5(e) consent order.
    (B) [Reserved]
    (ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(f) and (l). In addition, a significant new
use of the substance is importation of the chemical substance if: (A)
Manufactured by other than the method described in premanufacture
notice P-90-226 and significant new use notices P-96-1408, S-08-6, S-
09-4, S-13-49, S-16-5, and S-17-6.
    (B) Manufactured producing respirable, acicular fibers with an
average aspect ratio of greater than 5. The average aspect ratio is
defined as the ratio of average length to average diameter. For
manufacture of S-17-6: Manufacture with a particle size distribution
containing greater than 30% of particles less than 10 microns.
    (b) * * *
    (1) Recordkeeping. The following recordkeeping requirements are
applicable to manufacturers and processors of this substance as
specified in Sec.  721.125 (a) through (d) and (i).
* * * * *
0
4. Amend Sec.  721.10288 by revising paragraphs (a)(1) and (2)(i) to
read as follows:

Sec.  721.10288   Cyclohexane, oxidized, by-products from, distn.
residues.

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as cyclohexane,
oxidized, by-products from, distn. residues (PMN P-11-316; CAS No.
1014979-92-0) is subject to reporting under this section for the
significant new uses described in paragraph (a)(2) of this section.
    (2) * * *
    (i) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4) and (c)(4) where N = 470 ppb.
* * * * *
0
5. Amend Sec.  721.10432 by revising paragraphs (a)(1), (2)(i) through
(iv) and (b)(2) to read as follows:

Sec.  721.10432   1,2,4,5,7,8-Hexoxonane, 3,6,9-triethyl-3,6,9-
trimethyl-.

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as 1,2,4,5,7,8-
hexoxonane, 3,6,9-triethyl-3,6,9-trimethyl- (PMN P-98-1028 and SNUNs S-
14-9, S-17-12, and S-17-15; CAS No. 24748-23-0) is subject to reporting
under this section for the significant new uses described in paragraph
(a)(2) of this section.
    (2) * * *
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (3) through (5) and (6)(v), and (b), and (c). When
determining which persons are reasonably likely to be exposed as
required for Sec.  721.63(a)(1) and (4), engineering control measures
(e.g., enclosure or confinement of the operation, general and local
ventilation) or administrative control measures (e.g., workplace
policies and procedures) shall be considered and implemented to prevent
exposure, where feasible. For purposes of Sec.  721.63(a)(5),
respirators must provide a National Institute for Occupational Safety
and Health assigned protection factor of at least 50. For purposes of
Sec.  721.63(b) the concentration is set at 1.0%.
    (ii) Hazard communication. Requirements as specified in Sec.
721.72(a)

through (f), and (g)(1)(iv) and (vi), (2)(v), (3), (4)(i) and (5). For
purposes of Sec.  721.72(e), the concentration is set at 1.0%. For
purposes of Sec.  721.72(g)(1), required human health hazard statements
include allergic skin reaction. For purposes of Sec.  721.72(g)(2),
required human health precautionary statements include where
engineering controls are not determined to be adequate, use respiratory
protection. For purposes of Sec.  721.72(g)(3), required environmental
hazard statements include this substance may cause long lasting harmful
effects to aquatic life. Alternative hazard and warning statements that
meet the criteria of the Globally Harmonized System and OSHA Hazard
Communication Standard may be used.
    (iii) Industrial commercial, and consumer activities. It is a
significant new use to process or use the substance with an application
method that generates a mist, vapor, or aerosol.
    (iv) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4) and (c)(4) where N = 56 ppb.
    (b) * * *
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) are applicable to manufacturers and processors
of this substance.
* * * * *
0
6. Amend Sec.  721.10907 by revising paragraphs (a)(1) and (2)(i) to
read as follows:

Sec.  721.10907   Polyfluorohydrocarbon (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
polyfluorohydrocarbon (PMN P-15-326 and SNUN S-17-11) is subject to
reporting under this section for the significant new uses described in
paragraph (a)(2) of this section.
    (2) * * *
    (i) Industrial commercial, and consumer activities. Requirements as
specified in Sec.  721.80(o). It is a significant new use to use the
substance other than for the confidential uses described in PMN P-15-
326 and SNUN S-17-11.
* * * * *
0
7. Amend Sec.  721.10922 by:
0
a. Revising paragraphs (a)(1) through (2)(ii);
0
b. Adding paragraphs (a)(2)(iii) and (iv);
0
c. Revising paragraph (b)(1); and
0
d. Removing paragraph (b)(3).
    The revisions and additions read as follows:

Sec.  721.10922   1,2,4,5,7,8-Hexoxonane, 3,6,9-trimethyl-, 3,6,9-
tris(alkyl) derivs. (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
1,2,4,5,7,8-hexoxonane, 3,6,9-trimethyl-, 3,6,9-tris(alkyl) derivs.
(PMN P-15-607 and SNUN S-17-13) is subject to reporting under this
section for the significant new uses described in paragraph (a)(2) of
this section.
    (2) * * *
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (3) through (5) and (6)(v), and (b) and (c). When
determining which persons are reasonably likely to be exposed as
required for Sec.  721.63(a)(1) and (4), engineering control measures
(e.g., enclosure or confinement of the operation, general and local
ventilation) or administrative control measures (e.g., workplace
policies and procedures) shall be considered and implemented to prevent
exposure, where feasible. For purposes of Sec.  721.63(a)(5),
respirators must provide a National Institute for Occupational Safety
and Health assigned protection factor of at least 50. For purposes of
Sec.  721.63(b) the concentration is set at 1.0%.
    (ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (f), (g)(1)(iv) and (vi), (2)(v), (3), (4)(i) and
(5). For purposes of Sec.  721.72(e), the concentration is set at 1.0%.
For purposes of Sec.  721.72(g)(1), required human health hazard
statements include allergic skin reaction. For purposes of Sec.
721.72(g)(2), required human health precautionary statements include
where engineering controls are not determined to be adequate, use
respiratory protection. For purposes of Sec.  721.72(g)(3), required
environmental hazard statements include this substance may cause long
lasting harmful effects to aquatic life. Alternative hazard and warning
statements that meet the criteria of the Globally Harmonized System and
OSHA Hazard Communication Standard may be used.
    (iii) Industrial commercial, and consumer activities. It is a
significant new use to process or use the substance with an application
method that generates a mist, vapor, or aerosol.
    (iv) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4) and (c)(4) where N = 56 ppb.
    (b) * * *
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) and (k) are applicable to manufacturers and
processors of this substance.
* * * * *
[FR Doc. 2020-25032 Filed 11-17-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 154 (Monday, August 11, 2014)]
[Notices]
[Page 46801]
[FR Doc No: 2014-18926]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OA-2014-0001; FRL-9915-00-OA]

Good Neighbor Environmental Board; Notification of Public
Advisory Committee Teleconferences

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Public Advisory Committee Teleconferences.

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

SUMMARY: Pursuant to the Federal Advisory Committee Act, Public Law 92-
463, notice is hereby given that the Good Neighbor Environmental Board
(Board) will hold two separate public teleconferences. The first
teleconference will take place on Wednesday, September 3, 2014 and the
second on Tuesday, September 16, 2014. The teleconference held on
September 3 will take place from 1:00-3:00 p.m. Eastern Standard Time.
The teleconference being held on September 16 will take place from 11
a.m. to 3 p.m. Eastern Standard Time. Both teleconferences are open to
the public. For further information regarding the teleconferences and
background materials, please contact Ann-Marie Gantner at the number
provided below.
    Background: The Good Neighbor Environmental Board is a federal
advisory committee chartered under the Federal Advisory Committee Act,
Public Law 92-463. By statute, the Board is required to submit an
annual report to the President and Congress on environmental and
infrastructure issues along the U.S. border with Mexico.
    Purpose of Meeting: The purpose of the September 3 call will be to
discuss an advice letter on the proposed merger of the Border
Environment Cooperation Commission and the North American Development
Bank. The purpose of the September 16 teleconference will be to
continue discussion on the Board's Sixteenth Report, which focuses on
ecological restoration in the U.S.-Mexico border region.
    General Information: The agenda and teleconference materials will
be available at http://www.regulations.gov under Docket ID: EPA-HQ-OA-
2014-0001. General information about the Board can be found on its Web
site at http://www2.epa.gov/faca/gneb.
    If you wish to make oral comments or submit written comments to the
Board, please contact Ann-Marie Gantner at least five days prior to the
teleconference. Written comments should be submitted at http://www.regulations.gov under Docket ID: EPA-HQ-OA-2014-0001.
    Meeting Access: For information on access or services for
individuals with disabilities, please contact Ann-Marie Gantner at
(202) 564-4330 or email at<EMAIL_ADDRESS>To request
accommodation of a disability, please contact Ann-Marie Gantner at
least 10 days prior to the meeting to give EPA as much time as possible
to process your request.

    Dated: July 31, 2014.
Mark Joyce,
Acting Designated Federal Officer.
[FR Doc. 2014-18926 Filed 8-8-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: May 2, 2007 (Volume 72, Number 84)]
[Notices]
[Page 24284-24285]
[DOCID:fr02my07-47]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

April 25, 2007.
    Take notice that the Commission received the following electric
corporate filings:
    Docket Numbers: EC07-61-000.
    Applicants: Horsehead Corporation; Horsehead Holding Corporation.
    Description: Horsehead Corp. and Horsehead Holding Corp. submit an
amendment to its 2/16/07 filing and request expedited action.
    Filed Date: 04/24/2007.
    Accession Number: 20070424-5037.
    Comment Date: 5 p.m. Eastern Time on Friday, May 4, 2007.
    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER01-316-024.
    Applicants: ISO New England Inc.
    Description: ISO New England, Inc submits its Index of Customers
for the first quarter of 2007 in compliance with FERC's 6/1/01 letter
order.
    Filed Date: 04/18/2007.
    Accession Number: 20070423-0006.
    Comment Date: 5 p.m. Eastern Time on Wednesday, May 9, 2007.

    Docket Numbers: ER01-1699-007.
    Applicants: Pilot Power Group, Inc.
    Description: Pilot Power Group, Inc submits its Updated Market
Analysis.
    Filed Date: 04/20/2007.
    Accession Number: 20070425-0181.
    Comment Date: 5 p.m. Eastern Time on Friday, May 11, 2007.

    Docket Numbers: ER04-691-085.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc
submits proposed revisions to their Open Access Transmission Tariff,
FERC Electric Tariff, Third Revised Volume 1.
    Filed Date: 04/17/2007.
    Accession Number: 20070423-0375.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 8, 2007.

    Docket Numbers: ER06-262-003.
    Applicants: Pittsfield Generating Company.
    Description: Pittsfield Generating Co, LP submits a Refund Report
and modified and restated cost-of-service agreement pursuant to the
Commission's 4/2/07 order.
    Filed Date: 04/19/2007.
    Accession Number: 20070423-0374.
    Comment Date: 5 p.m. Eastern Time on Thursday, May 10, 2007.

    Docket Numbers: ER06-554-002.
    Applicants: Virginia Electric & Power Company.
    Description: Virginia Electric and Power Co submits a revised
Settlement Agreement with Old Dominion Electric Coop et al in
compliance with the Commission's 4/3/02 Order.
    Filed Date: 04/18/2007.
    Accession Number: 20070423-0005.
    Comment Date: 5 p.m. Eastern Time on Wednesday, May 9, 2007.

    Docket Numbers: ER07-434-002.
    Applicants: Jersey Central Power & Light Company; FirstEnergy
Solutions Corp.
    Description: Jersey Central Power & Light Company et al submit
Second Revised Sheet 3 et al to FERC Electric Tariff, First Revised
Volumes No 1, et al.
    Filed Date: 04/20/2007.
    Accession Number: 20070424-0180.
    Comment Date: 5 p.m. Eastern Time on Friday, May 11, 2007.
    Docket Numbers: ER07-508-001.
    Applicants: PJM Interconnection, LLC.
    Description: PJM Interconnection, LLC submits an amendment to its
proposal to revise its Operating Agreement and Open Access Transmission
Tariff etc submitted on 2/2/07 in response to FERC's 4/3/07 directive.
    Filed Date: 04/18/2007.
    Accession Number: 20070423-0008.
    Comment Date: 5 p.m. Eastern Time on Wednesday, May 9, 2007.

    Docket Numbers: ER07-572-001.
    Applicants: Wisconsin Power and Light Company.
    Description: Wisconsin Power and Light Company submits Revised
Master Power Supply Agreement with Great Lakes Utilities originally
filed on 2/26/07.
    Filed Date: 04/19/2007.
    Accession Number: 20070423-0007.
    Comment Date: 5 p.m. Eastern Time on Thursday, May 10, 2007.

    Docket Numbers: ER07-689-001.
    Applicants: PJM Interconnection L.L.C.
    Description: PJM Interconnection LLC submits revised
Interconnection Service Agreement between PJM, Industrial Power
Generating Co LLC, and PPL Electric Utilities Corporation.
    Filed Date: 04/20/2007.
    Accession Number: 20070424-0181.
    Comment Date: 5 p.m. Eastern Time on Friday, May 11, 2007.

    Docket Numbers: ER07-765-000.
    Applicants: American Electric Power Service Corporation.
    Description: The American Electric Power Service Corporation agent
for AEP Operating Companies submits an interconnection and local
delivery service agreement with the Village of Cygnet, Ohio.
    Filed Date: 04/20/2007.
    Accession Number: 20070424-0182.
    Comment Date: 5 p.m. Eastern Time on Friday, May 11, 2007.

    Docket Numbers: ER07-766-000.
    Applicants: Indiana Michigan Power Company.
    Description: Indiana Michigan Power Company submits First Revised
Sheet 29 et al which cancels Original Sheet 29 to FERC Rate Schedule
101 etc.
    Filed Date: 04/20/2007.
    Accession Number: 20070424-0183.
    Comment Date: 5 p.m. Eastern Time on Friday, May 11, 2007.

    Docket Numbers: ER07-767-000.
    Applicants: ISO New England Inc.; New England Power Pool
Participants Committee.
    Description: ISO New England Inc & New England Power Pool
Participants Committee submits Market Rule 1 changes relating to the
real-time scheduling of energy transactions over the underwater cable
etc.
    Filed Date: 04/20/2007.
    Accession Number: 20070424-0130.
    Comment Date: 5 p.m. Eastern Time on Friday, May 11, 2007.

    Docket Numbers: ER07-768-000.
    Applicants: Indiana Michigan Power Company.
    Description: Indiana Michigan Power Company submits a Notice of
cancellation of Rate Schedules 70, 74 and Service Agreement 4 under
FERC electric Tariff, Original Volume 4 etc.
    Filed Date: 04/20/2007.
    Accession Number: 20070424-0185.
    Comment Date: 5 p.m. Eastern Time on Friday, May 11, 2007.

    Docket Numbers: ER07-769-000.
    Applicants: Cedar Rapids Transmission Company, Ltd.
    Description: Cedar Rapids Transmission Company, Ltd submits its
application for market based rate authority and on 2/23/07 Open Access
Transmission Tariff to supplement the 4/20/07 filing.
    Filed Date: 04/20/07 and 04/23/2007.
    Accession Number: 20070424-0198 and 20070424-0199.

    Comment Date: 5 p.m. Eastern Time on Friday, May 11, 2007.
    Docket Numbers: ER07-770-000.
    Applicants: Williams Power Company, Inc.
    Description: Williams Power Company, Inc submits proposed FERC Rate
Schedule 3 and supporting cost data under which Williams specifies its
revenue requirement for providing cost-based Reactive Supply and
Voltage Control etc.
    Filed Date: 04/20/2007.
    Accession Number: 20070424-0186.
    Comment Date: 5 p.m. Eastern Time on Friday, May 11, 2007.

    Docket Numbers: ER07-772-000.
    Applicants: Midwest Independent Transmission System Operator Inc.
    Description: Midwest Independent Transmission System Operator Inc
submits proposed revisions to Sheet 208 of its ISO's Open Access
Transmission and Energy Markets Tariff.
    Filed Date: 04/23/2007.
    Accession Number: 20070425-0162.
    Comment Date: 5 p.m. Eastern Time on Monday, May 14, 2007.

    Docket Numbers: ER07-773-000.
    Applicants: Velocity Futures, L.P.
    Description: Velocity Futures LP submits its Petition for
Acceptance of Initial Rate Schedule, Waivers and Blanket Authority
designated as FERC 1.
    Filed Date: 04/23/2007.
    Accession Number: 20070425-0163.
    Comment Date: 5 p.m. Eastern Time on Monday, May 14, 2007.

    Docket Numbers: ER07-774-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits its revised
Rate sheets to its Transmission Owner Tariff.
    Filed Date: 04/23/2007.
    Accession Number: 20070425-0164.
    Comment Date: 5 p.m. Eastern Time on Monday, May 14, 2007.

    Docket Numbers: ER07-776-000.
    Applicants: Westar Energy, Inc.
    Description: Westar Energy Inc submits Fourth Revised Sheets 1 and
4 of First Revised Rate Schedule 233, Electric Power Supply Agreement
with the City of Robinson, Kansas etc.
    Filed Date: 04/23/2007.
    Accession Number: 20070425-0159.
    Comment Date: 5 p.m. Eastern Time on Monday, May 14, 2007.

    Docket Numbers: ER07-777-000.
    Applicants: American Electric Power Service Corporation.
    Description: American Electric Power Service Corporation agent for
AEP Operating Companies submits a first revision to the Interconnection
and Local Delivery Service Agreement 1422 with the Village of Deshler.
    Filed Date: 04/24/2007.
    Accession Number: 20070425-0158.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 15, 2007.

    Docket Numbers: ER07-778-000.
    Applicants: American Electric Power Service Corporation.
    Description: American Electric Power Service Corporation agent for
AEP Operating Companies submits a first revision to the Interconnection
& Local Delivery Service Agreement 1416 with the Village of Arcadia.
    Filed Date: 04/24/2007.
    Accession Number: 20070425-0157.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 15, 2007.

    Docket Numbers: ER07-779-000.
    Applicants: American Electric Power Services Corp.
    Description: American Electric Power Service Corporation agent for
AEP Operating Companies submits a first revision to the Interconnection
and Local Delivery Service Agreement 1423 with the Village of
Greenwich.
    Filed Date: 04/24/2007.
    Accession Number: 20070425-0156.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 15, 2007.
    Docket Numbers: ER07-780-000.
    Applicants: American Electric Power Service Corporation
    Description: American Electric Power Service Corporation agent for
AEP Operating Companies submits a first revision to the Interconnection
and Local Delivery Service Agreement 1417 with the Village of
Bloomdale.
    Filed Date: 04/24/2007.
    Accession Number: 20070425-0155.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 15, 2007.

    Docket Numbers: ER07-781-000.
    Applicants: American Electric Power Service Corporation.
    Description: American Electric Power Service Corporation agent for
AEP Operating Companies submits a first revision to the Interconnection
and Local Delivery Service Agreement 1418 with the City of Bryan.
    Filed Date: 04/24/2007.
    Accession Number: 20070425-0154.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 15, 2007.
    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov.
 To facilitate electronic service, persons with Internet

access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St. NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-8326 Filed 5-1-07; 8:45 am]

BILLING CODE 6717-01-P


upon this determination, a capture facility is most likely to engage in
one of four baseline management practices: (1) For CO2
streams that are determined to be nonhazardous waste, transport the
material to a sequestration facility for injection in a Class VI well;
for CO2 streams that are determined to be hazardous waste,
either (2) cease capturing the CO2 stream--that is, continue
to allow the CO2 stream to be emitted into the atmosphere;
or (3) transport the CO2 stream to a sequestration facility
for injection in a Class I hazardous well; or (4) treat the
CO2 stream so that it is no longer hazardous and transport
it to a sequestration facility for injection in a Class VI well. A
generator's determination as to how to manage a RCRA hazardous waste
CO2 stream would depend on several factors. Due to the lack
of definitive data on the RCRA hazardous characteristics of
CO2 streams, we applied bounding estimates in our analysis.
The high-end assumes that 90% of the CO2 streams are
generated as RCRA hazardous waste, while the low-end assumes that only
10% of the CO2 streams are RCRA hazardous waste.\56\ For all
generators that capture CO2, we further assume the
following: each facility would incur costs to determine if the
CO2 stream is a RCRA hazardous waste; facilities that
generate a CO2 stream that is characterized as a non-
hazardous RCRA waste would face no further costs associated with the
hazardous waste regulations, as would facilities who cease to capture
CO2; facilities that generate RCRA hazardous waste
CO2 streams and do not cease capturing the

CO2 would likely qualify as large quantity generators (LQGs)
in the baseline and would be subject to applicable hazardous waste
generator requirements; and, CO2 capture facilities that
treat their RCRA hazardous waste CO2 streams would incur
treatment costs, and may also incur RCRA permitting costs.
---------------------------------------------------------------------------

    \56\ We employ this bounding estimate for analytical purposes
only due to the absence of supporting data. This assumption should
not be construed as an EPA determination of CO2 stream
status on a nationwide basis. These assumptions were developed
solely for this proposed rule, and were not used in, or derived
from, the supporting analysis in the UIC Class VI rulemaking.
---------------------------------------------------------------------------

    The baseline universe of CO2 sequestration facilities is
assumed to include a mix of facilities with Class VI wells and
facilities with Class I hazardous wells that will meet the Class VI
requirements. This analysis assumes that, under the high-end baseline
assumption, approximately 57 percent of the sequestration wells would
manage non-hazardous CO2 streams and treated CO2
streams in Class VI wells.\57\ The remaining wells would manage RCRA
hazardous CO2 streams in Class I hazardous wells. For the
low-end, our analysis assumes that approximately 97 percent of the
sequestration wells would manage non-hazardous CO2 streams
and treated CO2 streams in Class VI wells. The remaining
sequestration wells would manage RCRA hazardous CO2 streams
in Class I hazardous waste wells.
---------------------------------------------------------------------------

    \57\ The reasoning behind this assumption is discussed in the
supporting economic assessment document: Assessment of the Potential
Costs, Benefits, and Other Impacts of the Conditional Exclusion from
the RCRA Definition of Hazardous Waste for CO2 Streams
Managed in UIC Class VI Wells for the Purpose of Geologic
Sequestration, as Proposed.
---------------------------------------------------------------------------

    Under the proposed rule, CO2 streams that are captured,
stored, transported, and injected into Class VI UIC wells in accordance
with the conditions in the proposed rule would be excluded from the
definition of hazardous waste and would therefore not be subject to
EPA's RCRA hazardous waste requirements. The exclusion would not apply
if the CO2 stream was mixed or co-injected with any other
hazardous wastes.
    Our analysis also assumes all affected states will adopt the
conditional exclusion and all generators that capture CO2
will claim the proposed conditional exclusion and send their
CO2 streams to Class VI wells. These facilities would avoid
the costs of determining whether their CO2 stream is RCRA
hazardous or non-hazardous, and would also avoid possible RCRA
permitting costs and generator requirements. They would only be
required to submit an annual certification in accordance with the rule.
These generators that capture CO2 would also be able to send
their CO2 streams to UIC Class VI wells without any
additional cost of treating the CO2 stream. Under the
proposed rule, all CO2 sequestration facilities are assumed
to be permitted as UIC Class VI wells, resulting in no need for a UIC
Class I hazardous permit for those wells.
    The CO2 stream exclusion, as proposed, would result in
three areas of savings for generators of CO2 streams:
exclusion from the hazardous waste determination, exclusion from the
need for hazardous waste treatment, and exclusion from compliance with
any other hazardous waste-related requirements. CO2
sequestration facilities managing hazardous CO2 under a
Class I hazardous well permit in the baseline would experience savings
related to the hazardous waste determination and compliance with
applicable hazardous waste regulations. Requirements and associated
costs for pipeline transportation would be unchanged.
    Due to the high level of uncertainty regarding the percent of
CO2 that may be generated as RCRA hazardous waste, and the
uncertainty regarding the actual number of facilities potentially
affected over the projected 50 year period, EPA's best estimate for the
impacts of the proposed rule ranges from a low-end annualized net
savings of $7.3 million (7% discount rate) to the high-end annualized
net savings of $44.9 million (3%discount rate).\58\ These cost savings
are expected to occur without any discernible increase in negative
impacts to human health and the environment. In addition to industry
impacts, we project negligible cost increases to EPA and state
governments for rule implementation.
---------------------------------------------------------------------------

    \58\ Under the high-end estimate, the proposed rule is expected
to result in undiscounted annualized net savings of approximately
$56.6 million. Applying a 3 percent discount rate, the annualized
net savings were found to be approximately $44.9 million, while a 7
percent discount rate resulted in annualized net savings of
approximately $32.0 million. Under the low-end estimate, the
undiscounted annualized net savings are $9.3 million. Applying a 3
percent and 7 percent discount rate, the annualized net savings were
found to be approximately $8.5 million and $7.3 million,
respectively.
---------------------------------------------------------------------------

VII. Statutory and Executive Order (EO) Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    Under Executive Order (EO) 12866 (58 FR 51735, October 4, 1993),
this action is a ``significant regulatory action.'' Pursuant to the
terms of Executive Order 12866, it has been determined that this rule
is a ``significant regulatory action'' because it raises novel legal or
policy issues. Accordingly, EPA submitted this action to the Office of
Management and Budget (OMB) for review under Executive Orders 12866 and
13563 (76 FR 3821, January 21, 2011) and any changes made in response
to OMB recommendations have been documented in the docket for this
action. In addition, EPA prepared an analysis of the potential costs
and benefits associated with this action. This analysis is presented in
the following support document: Assessment of the Potential Costs,
Benefits, and Other Impacts of the Conditional Exclusion From the RCRA
Definition of Hazardous Waste for CO2 Streams Managed in UIC
Class VI Wells for the Purposes of Geologic Sequestration, as Proposed.
A copy of this document is available in the docket established for this
action. The methodology and findings from this analysis are briefly
summarized in Section VI above. The reader is encouraged to review and
comment on the full assessment document. The final rule will respond to
any substantive comments received on the assessment document.

B. Paperwork Reduction Act

    The information collection requirements in this proposed rule have
been submitted for approval to the Office of Management and Budget
under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. The
Information Collection Request (ICR) document prepared by EPA has been
assigned EPA ICR number 2421.01.
    The Agency believes that this proposal is an important part of its
efforts to establish a regulatory framework for GS.\59\
---------------------------------------------------------------------------

    \59\ See Section III of this preamble for a discussion of other
recent EPA rules related to this strategy.
---------------------------------------------------------------------------

    The certification included in the proposed rule would be required
for entities wishing to take advantage of the flexibility provided by
the conditional exclusion. The certification statements would be used
by regulators to hold generators and UIC Class VI well owner/operators
accountable for knowing the conditions applicable to them (e.g., during
an on-site inspection). The certification statements also would be used
by generators and owner/operators to demonstrate that they are aware
of, and complying with, the conditions.
    We believe that the certifications are a practical way to assure
compliance because they hold a single person at each facility
accountable for compliance (i.e., the authorized representative).
Because of this, the representative has a personal incentive to make
sure that the facility complies with the conditions. The proposed rule
requires that the certification be renewed every year that

the generator or UIC Class VI well owner/operator claims the RCRA
conditional exclusion, in order to ensure that the certification is
kept current.
    EPA estimates the total annual burden to respondents under the new
paperwork requirements to be 79 hours and $6,753. However, EPA also
estimates an annual burden savings under the existing RCRA subtitle C
paperwork requirements of 303 hours and $25,428. Thus, this would
result in a net annual savings of 224 hours and $18,675. The bottom-
line burden savings over three years is estimated to be 672 hours and
$56,025. There are no capital costs associated with this burden
requirement. Burden is defined at 5 CFR 1320.3(b).
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.
    To comment on the Agency's need for this information, the accuracy
of the provided burden estimates, and any suggested methods for
minimizing respondent burden, EPA has established a public docket for
this proposed rule, which includes this ICR, under Docket ID number
EPA-HQ-RCRA-2010-0695. Submit any comments related to the ICR to EPA
and OMB. See ADDRESSES section at the beginning of this notice for
where to submit comments to EPA. Send comments to OMB at the Office of
Information and Regulatory Affairs, Office of Management and Budget,
725 17th Street, NW., Washington, DC 20503, Attention: Desk Officer for
EPA. Since OMB is required to make a decision concerning the ICR
between 30 and 60 days after August 8, 2011, a comment to OMB is best
assured of having its full effect if OMB receives it by September 7,
2011. The final rule will respond to any comments on the information
collection requirements contained in this proposal.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of today's rule on small
entities, small entity is defined as: (1) A small business (based on
Small Business Administration (SBA) size standards), that is primarily
engaged in the generation, capture, storage, transportation, and GS of
excluded hazardous CO2 streams, as defined by NAICS codes
211111, 221112, 322121, 324110, 324199, 325120, 325193, 325311, and
327310, with total corporate employment ranging from 500 to 1,500
persons \60\ (based on SBA size standards); (2) a small governmental
jurisdiction that is a government of a city, county, town, school
district or special district with a population of less than 50,000; and
(3) a small organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.
---------------------------------------------------------------------------

    \60\ 211111 (500 persons), 221112 (500 persons), 322121 (750
persons), 324110 (1,500 persons), 324199 (500 persons), 325120
(1,000 persons), 325193 (1,000 persons), 325311 (1,000 persons), and
327310 (750 persons).
---------------------------------------------------------------------------

    After considering the economic impacts of today's proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. In
determining whether a proposed rule has a significant economic impact
on a substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the proposed rule on small entities'' 5 U.S.C. 603
and 604. Thus, an agency may certify that a proposed rule will not have
a significant economic impact on a substantial number of small entities
if it relieves regulatory burden, or otherwise has a positive economic
effect on all of the small entities subject to the proposed rule. This
rule, as proposed, is projected to reduce the burden on regulated
entities by conditionally exempting them from the RCRA subtitle C
hazardous waste management requirements associated with CO2
streams captured, transported, and injected into UIC Class VI wells. We
have, therefore, concluded that today's proposed rule will relieve
regulatory burden for all affected small entities. We continue to be
interested in the potential impacts of the proposed rule on small
entities and welcome comments on issues related to such impacts.

D. Unfunded Mandates Reform Act

    This action contains no Federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 for State, local, or tribal governments or the private
sector. As explained above, this proposed exclusion is less stringent
than the current RCRA Federal program, and states are therefore not
required to adopt it. Moreover, the rule does not contain a Federal
mandate that may result in expenditures of $100 million or more for
state, local, and tribal governments, in the aggregate, or the private
sector in any one year. Our analysis indicates that the proposed rule
is expected to result in undiscounted annualized net savings to the
regulated community ranging from $7.3 million to $44.9 million (3%
discount rate). Incorporated into these net saving estimates is a
negligible total estimated annualized cost to states of $70 to nearly
$565, depending on the discount rate. Thus, this proposed rule is not
subject to the requirements of sections 202 or 205 of UMRA.
    This proposed rule is also not subject to the requirements of
section 203 of UMRA because it contains no regulatory requirements that
might significantly or uniquely affect small governments. Occasional
requests for and review of certification statements is the only
potential impact on small governments. Furthermore, no small
governments are known to be owners or operators of compressed
CO2 facilities, storage facilities, transporters, or
sequestration facilities. We encourage comments on potential unfunded
mandates associated with this proposed action.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999),
because the rule will not impose any requirements on States or any
other level of government. As explained above, today's proposed rule
conditionally excludes CO2 streams that are hazardous from
the definition of hazardous waste, where such streams, in accordance
with the rule, are captured from emission sources and injected into UIC
Class VI wells for purposes of GS, but States would not be required to
adopt the rule. Thus, Executive Order 13132 does not apply to this
action.

    In the spirit of Executive Order 13132, and consistent with EPA
policy to promote communications between EPA and State and local
governments, EPA specifically solicits comment on this proposed action
from State and local officials.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). No tribal
governments are known to generate CO2 streams or own or
operate UIC Class VI wells subject to the proposed rule. Furthermore,
we have identified no existing CO2 pipelines that cross
tribal lands. Thus, Executive Order 13175 does not apply to this
action. EPA specifically solicits additional comment on this proposed
action from tribal officials.

G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

    This action is not subject to EO 13045 (62 FR 19885, April 23,
1997) because it is not economically significant as defined in EO
12866, and because the Agency does not believe the environmental health
or safety risks addressed by this action presents a disproportionate
risk to children. The public is invited to submit comments or identify
peer-reviewed studies and data that are relevant to assessing the
effects of early life exposure to CO2 streams captured from
emission sources and transported to and injected into UIC Class VI
wells for purposes of GS.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This action is not a ``significant energy action'' as defined in
Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not
likely to have a significant adverse effect on the supply,
distribution, or use of energy. The only effect of this action will be
to conditionally exclude CO2 streams that are hazardous from
the definition of hazardous waste, where such streams are captured from
emission sources and injected into UIC Class VI wells for purposes of
GS. This conditional exclusion would allow for the GS of
CO2, while maintaining protection of human health and the
environment, and would not significantly disrupt the supply,
distribution, or use of energy.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
    This proposed rulemaking does not involve technical standards.
Therefore, EPA is not considering the use of any voluntary consensus
standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order (EO) 12898 (59 FR 7629, February 16, 1994)
establishes Federal executive policy on environmental justice. Its main
provision directs Federal agencies, to the greatest extent practicable
and permitted by law, to make environmental justice part of their
mission by identifying and addressing, as appropriate,
disproportionately high and adverse human health or environmental
effects of their programs, policies, and activities on minority
populations and low-income populations in the United States.
    EPA has determined that this proposed rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. The only effect of this action will be to conditionally
exclude CO2 streams that are hazardous from the definition
of hazardous waste, where such streams are captured from emission
sources and injected into UIC Class VI wells for purposes of GS, and
meet other conditions. Existing regulations governing the generation,
transportation, and injection of CO2 streams in UIC Class VI
wells are expected to provide safety to human health and the
environment, making additional regulation under RCRA subtitle C
unnecessary (see discussion under Section IV).

List of Subjects in 40 CFR Parts 260 and 261

    Environmental protection, Hazardous waste, Recycling, Reporting and
recordkeeping requirements

    Dated: August 1, 2011.
Lisa P. Jackson,
Administrator.

    For the reasons set out in the preamble, Parts 260 and 261 of title
40, Chapter I of the Code of Federal Regulations are proposed to be
amended as follows:

PART 260--HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL

    1. The authority citation for Part 260 continues to read as
follows:

    Authority:  42 U.S.C. 6905, 6912(a), 6921-6927, 6930, 6935,
6937-6939, and 6974.

Subpart B--Definitions

    2. Section 260.10 is amended by adding in alphabetical order the
definition of ``Carbon dioxide stream'' to read as follows:

Sec.  260.10  Definitions.

* * * * *
    Carbon dioxide stream means carbon dioxide that has been captured
from an emission source (e.g., power plant), plus incidental associated
substances derived from the source materials and the capture process,
and any substances added to the stream to enable or improve the
injection process.
* * * * *

PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

    3. The authority citation for Part 261 continues to read as
follows:

    Authority:  42 U.S.C. 6905, 6912(a), 6921, 6922, 6924(y), and
6938.

    4. Section 261.4 is amended by adding a new paragraph (h) to read
as follows:

Sec.  261.4  Exclusions.

* * * * *
    (h) Carbon Dioxide Stream Injected for Geologic Sequestration.
Carbon dioxide streams that are captured and transported for purposes
of injection into an underground injection well subject to the
requirements for Class VI Underground Injection Control wells,
including the requirements in 40 CFR parts 144 and 146 of the
Underground Injection Control Program of the Safe Drinking Water Act,
are not a hazardous waste, provided the following conditions are met.

    (1) Carbon dioxide streams that meet all of the following
conditions are excluded from the definition of hazardous waste:
    (i) Transportation of the carbon dioxide stream must be in
compliance with applicable Department of Transportation requirements;
    (ii) Injection of the carbon dioxide stream must be in compliance
with the applicable requirements for Class VI Underground Injection
Control wells, including the applicable requirements in 40 CFR parts
144 and 146;
    (iii) No other hazardous wastes may be mixed with, or otherwise co-
injected with, the carbon dioxide stream; and
    (iv) Any generator of a carbon dioxide stream, and any Class VI
Underground Injection Control well owner or operator, who claims that a
carbon dioxide stream is excluded under paragraph (h)(1) of this
section, must have an authorized representative (as defined in 40 CFR
260.10) sign a certification statement worded as follows:

    I certify under penalty of law that the carbon dioxide stream
that I am claiming to be excluded under 40 CFR 261.4(h)(1) meets all
of the conditions set forth in that paragraph.

    The signed certification statement must be kept on-site for no less
than three years. The signed certification statement must be made
available within 72 hours of a written request from the Regional
Administrator or state Director (if located in an authorized state), or
their designee, and shall be renewed every year by persons claiming the
exclusion in 40 CFR 261.4(h). The yearly renewal of a certification
statement under this paragraph means that an authorized representative
must annually prepare and sign a new copy of the certification
statement.

[FR Doc. 2011-19915 Filed 8-5-11; 8:45 am]
BILLING CODE 6560-50-P