[Federal Register Volume 82, Number 115 (Friday, June 16, 2017)]
[Proposed Rules]
[Pages 27641-27645]
[FR Doc No: 2017-12473]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-HQ-OAR-2017-0346; FRL-9963-82-OAR]
RIN 2060-AT65

Oil and Natural Gas Sector: Emission Standards for New,
Reconstructed, and Modified Sources: Three Month Stay of Certain
Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to stay
for three months certain requirements that are contained within the
Final Rule titled ``Oil and Natural Gas Sector: Emission Standards for
New, Reconstructed, and Modified Sources,'' published in the Federal
Register on June 3, 2016 (2016 Rule). On June 5, 2017, the EPA
published a notice that, in accordance with the Clean Air Act (CAA),
the EPA stayed for three initial months the fugitive emissions
requirements, well site pneumatic pump standards, and requirements for
certification of closed vent systems by a professional engineer. The
EPA granted reconsideration after considering specific objections to
these requirements. In a separate notice published today, the EPA is
proposing a stay for two years, providing the EPA sufficient time to
propose, take public comment, and issue a final action on the issues
concerning the specific requirements on which EPA has granted
reconsideration. The two-year proposed stay published today, if
finalized as proposed, would likely be determined to be a major rule
under the Congressional Review Act and therefore will not take effect
until sixty days after publication or after Congress receives the rule
report, whichever is later. Therefore, while the EPA intends to
complete that rulemaking and take final action before the initial
three-month stay expires, there may potentially be a gap between the
two stays due to the sixty-day delay in effectiveness of that action.
To avoid such a potential gap, and the resulting confusion, in this
action the EPA is proposing a three-month stay which would not qualify
as a major rule and could become effective upon publication. The EPA
prepared an Economic Impact Analysis for this proposal, which is
available in Docket ID EPA-HQ-OAR-2017-0346. The EPA is seeking comment
pertaining to this stay and its duration. The EPA is also seeking
comment on if a four-month stay may be more appropriate to ensure
continuity of the stay. The EPA is not taking comment at this time on
substantive issues concerning these requirements, or on any of the
other provisions subject to the reconsideration.

DATES: Comments must be received on or before July 17, 2017. If a
hearing is requested on this proposed rule, written comments must be
received on or before August 9, 2017.
    Public Hearing. A public hearing will be held, if requested by June
21, 2017, to accept oral comments on this proposed action. If a hearing
is requested, it will be held at the EPA's Washington, DC campus
located at 1201 Constitution Avenue NW., Washington, DC. The hearing,
if requested, will begin at 9 a.m. (local time) and will conclude at 4
p.m. (local time) on July 10, 2017. To request a hearing, to register
to speak at a hearing, or to inquire if a hearing will be held, please
contact Aimee St. Clair at<PHONE_NUMBER> or by email at
<EMAIL_ADDRESS>    Any updates made to any aspect of the hearing, including whether or
not a hearing will be held, will be posted

online at https://www.epa.gov/controlling-air-pollution-oil-and-natural-gas-industry/actions-and-notices-about-oil-and-natural-gas#regactions. In addition, you may contact Aimee St. Clair at (919)
541-1063 or email at<EMAIL_ADDRESS>with public hearing
inquiries. The EPA does not intend to publish a notice in the Federal
Register announcing any such updates. Please go to https://www.epa.gov/controlling-air-pollution-oil-and-natural-gas-industry/actions-and-notices-about-oil-and-natural-gas#regactions for more information on
the public hearing.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2017-0346, to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the Web, cloud, or other file sharing system). For
additional submission methods, the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Mr. Peter Tsirigotis, Sector Policies
and Programs Division (D205-01), Office of Air Quality Planning and
Standards, Environmental Protection Agency, Research Triangle Park,
North Carolina 27711; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On June 3, 2016, the EPA published a final rule titled ``Oil and
Natural Gas Sector: Emission Standards for New, Reconstructed, and
Modified Sources; Final Rule,'' at 81 FR 35824 (``2016 Rule''). The
2016 Rule establishes new source performance standards (NSPS) for
greenhouse gas emissions and volatile organic compound (VOC) emissions
from the oil and natural gas sector. This rule addresses, among other
things, fugitive emissions at well sites and compressor stations
(``fugitive emissions requirements'') and emissions from pneumatic
pumps. In addition, for a number of affected facilities (i.e.,
centrifugal compressors, reciprocating compressors, pneumatic pumps,
and storage vessels), the rule requires certification by a professional
engineer of the closed vent system design and capacity, as well as any
technical infeasibility determination relative to controlling pneumatic
pumps at well sites. For further information on the 2016 Rule, see 81
FR 35824 (June 3, 2016) and associated Docket ID No. EPA-HQ-OAR-2010-
0505.
    On August 2, 2016, a number of interested parties submitted
administrative petitions to the EPA seeking reconsideration of various
aspects of the 2016 Rule pursuant to section 307(d)(7)(B) of the CAA
(42 U.S.C. 7607(d)(7)(B)).\1\ Those petitions include numerous
objections relative to the fugitive emissions requirements, well site
pneumatic pump standards, and the requirements for certification by
professional engineer.
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    \1\ Copies of these petitions are included in the docket for the
2016 Rule, Docket ID No. EPA-HQ-OAR-2010-0505.
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    In accordance with section 307(d)(7)(B) of the CAA, the
Administrator shall convene a reconsideration proceeding if, in the
Administrator's judgment, the petitioner raises an objection to a rule
that was impracticable to raise during the comment period or if the
grounds for the objection arose after the comment period but within the
period for judicial review, and the objection is of central relevance
to the outcome of the rule. The Administrator may stay the
effectiveness of the rule for up to three months during such
reconsideration.
    In a letter dated April 18, 2017, based on the criteria in CAA
section 307(d)(7)(B), the Administrator convened a proceeding for
reconsideration of the following objections relative to the fugitive
emissions requirements: (1) The process and criteria for requesting and
receiving approval for the use of an alternative means of emission
limitations (AMEL) for purposes of compliance with the fugitive
emissions requirements in the 2016 Rule; and (2) the applicability of
the fugitive emissions requirements to low production well sites.\2\
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    \2\ See Docket ID No. EPA-HQ-OAR-2010-0505-7730.
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    After issuing the April 18, 2017, letter, in a notice published
June 5, 2017, the EPA identified objections to two other aspects of the
2016 Rule that meet the criteria for reconsideration under section
307(d)(7)(B) of the CAA. These objections relate to (1) the
requirements for certification of closed vent system by professional
engineer (``PE certification requirement''); and (2) the well site
pneumatic pump standards. As part of the administrative reconsideration
proceeding, the EPA will prepare a notice of proposed rulemaking that
will provide the petitioners and the public an opportunity to comment
on the fugitive emissions requirements, well site pneumatic pump
standards, and the requirements for certification by professional
engineer, and the issues associated with these requirements.
    In the notice published June 5, 2017, the EPA stayed the fugitive
emissions requirements, the well site pneumatic pumps requirements, and
the requirements for certification of closed vent system by
professional engineer for three months pursuant to section 307(d)(7)(B)
of the CAA. That initial stay is effective from June 2, 2017, to August
31, 2017. When we have issued similar stays in the past, it has often
been our practice to also propose a longer stay through a rulemaking
process. See, e.g., 74 FR 36427 (July 23, 2009).
    In a separate action published today, the EPA is proposing to stay
these requirements for two years. This proposed two-year stay will
provide the EPA with sufficient time to propose, take public comment,
and issue a final action on the issues concerning the specific
requirements on which EPA has granted reconsideration. During the two
year proposed stay, the EPA also plans to complete its reconsideration
process for all remaining issues raised in these reconsideration
petitions regarding fugitive emissions, pneumatic pumps, and
certification by professional engineer requirements. For the reasons
stated below, in this document the EPA is issuing a proposal to stay
these requirements for three months. This stay would take effect upon
the date of publication of the final rule in the Federal Register.

II. The Proposed Action

    The two-year proposed stay published today, if finalized as
proposed, would likely be determined to be a major rule under the
Congressional Review Act and therefore under section 801 of that Act
may not take effect until sixty days after publication or after
Congress receives the rule report, whichever is later.

    Therefore, while the EPA intends take final action on that
rulemaking before the initial three-month stay of these requirements
expires, there could potentially be a gap in the stay due to the sixty-
day delay in the effectiveness of that action. Such a gap would create
unnecessary burden and confusion as to what regulatory requirements are
in effect and what regulated entities must do during the
reconsideration proceeding. Therefore, to avoid such a potential gap,
in this document the EPA is proposing a three-month stay, which is not
a major rule under the CRA and could become effective upon publication.
The EPA intends to publish the final rule on or before the expiration
of the initial three-month stay.
    Note that we are not taking comment at this time on substantive
issues concerning these requirements, or on any of the other provisions
subject to the reconsideration. This notice simply proposes to stay the
specified requirements for three months. The EPA is seeking comment
pertaining to this stay and its duration. Given the importance of not
introducing a gap in the stay, the EPA is also requesting comment on
whether a four-month stay may be appropriate. A separate Federal
Register notice published in the near future will specifically solicit
comment on substantive issues concerning these requirements.

III. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

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

    This action is a significant regulatory action that was submitted
to the Office of Management and Budget (OMB) for review because it
raises novel legal or policy issues. Any changes made in response to
OMB recommendations have been documented in the docket.

B. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden
under the PRA. OMB has previously approved the information collection
activities contained in the existing 40 CFR part 60, subpart OOOO and
has assigned OMB control number 2060-0673. The information collection
requirements in the final 40 CFR 60, subpart OOOOa have been submitted
for approval to the OMB under the PRA. The Information Collection
Request (ICR) document prepared by EPA has been assigned EPA ICR
2523.01. This action does not result in changes to the approved ICR for
subpart OOOO or the submitted ICR for subpart OOOOa, so the information
collection estimates of project cost and hour burdens have not been
revised.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, the impact of concern is any significant
adverse economic impact on small entities. An agency may certify that a
rule will not have a significant economic impact on a substantial
number of small entities if the rule relieves regulatory burden, has no
net burden or otherwise has a positive economic effect on the small
entities subject to the rule. This action proposes a limited stay for
certain requirements. This proposed stay will not increase the burden
on small entities subject to this rule. The EPA prepared a final RFA
analysis for the 2016 Rule, which is available as part of the
Regulatory Impact Analysis in the docket at Docket ID No. EPA-HQ-OAR-
2010-0505-7630. We have therefore concluded that this action will have
no net regulatory burden for all directly regulated small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local or tribal governments or the private sector.

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.

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

    This action does not have tribal implications, as specified in
Executive Order 13175. It will not have substantial direct effects on
tribal governments, on the relationship between the federal government
and Indian tribes, or on the distribution of power and responsibilities
between the federal government and Indian tribes, as specified in
Executive Order 13175. Thus, Executive Order 13175 does not apply to
this action.

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

    This action is subject to Executive Order 13045 because it is a
significant regulatory action as defined by Executive Order 12866, and
the EPA believes that the environmental health or safety risk addressed
by this action may have a disproportionate effect on children. Because
this action merely proposes to delay action and does not change the
requirements of the final rule, this action will not change any impacts
of the rule when it is fully implemented. Any impacts on children's
health caused by the delay in the rule will be limited, because the
length of the proposed stay is limited. The agency therefore believes
it is more appropriate to consider the impact on children's health in
the context of any substantive changes proposed as part of
reconsideration.

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

    This action is not a ``significant energy action'' because it is
not likely to have a significant adverse effect on the supply,
distribution or use of energy. The basis for this determination can be
found in the 2016 Rule (81 FR 35894).

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

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

    Because this action merely proposes to delay action and does not
change the requirements of the final rule, this action will not change
any impacts of the rule when it is fully implemented. Any impacts on
minority populations and low-income populations caused by the delay in
the rule will be limited, because the length of the proposed stay is
limited. The agency therefore believes it is more appropriate to
consider the impact on minority populations and low-income populations
in the context of any substantive changes proposed as part of
reconsideration.

List of Subjects in 40 CFR Part 60

    Environmental protection, Administrative practice and procedure,
Air pollution control, Reporting and recordkeeping.

    Dated: June 12, 2017.
E. Scott Pruitt,
Administrator.

    For the reasons set out in the preamble, title 40, chapter I of the
Code of Federal Regulations is proposed to be amended as follows:

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

0
1. The authority citation for part 60 continues to read as follows:

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

Subpart OOOOa--[AMENDED]

0
2. Section 60.5393a is amended by:
0
a. Staying paragraphs (b) and (c) from [DATE OF PUBLICATION OF FINAL
RULE IN THE Federal Register] until [DATE 90 DAYS AFTER DATE OF
PUBLICATION OF FINAL RULE IN THE Federal Register]; and
    b. Adding paragraph (f).
    The addition reads as follows:

Sec.  60.5393a  What GHG and VOC standards apply to pneumatic pump
affected facilities?

* * * * *
    (f) Pneumatic pumps at a well site are not subject to the
requirements of paragraphs (d) and (e) of this section from [DATE OF
PUBLICATION OF FINAL RULE IN THE Federal Register] until [DATE 90 DAYS
AFTER DATE OF PUBLICATION OF FINAL RULE IN THE Federal Register].

Sec.  60.5397a  [AMENDED]

    3. Section 60.5397a is stayed from [DATE OF PUBLICATION OF FINAL
RULE IN THE Federal Register] until [DATE 90 DAYS AFTER DATE OF
PUBLICATION OF FINAL RULE IN THE Federal Register].
    4. Section 60.5410a is amended by:
    a. Staying paragraphs (e)(2) through (5) from [DATE OF PUBLICATION
OF FINAL RULE IN THE Federal Register] until [DATE 90 DAYS AFTER DATE
OF PUBLICATION OF FINAL RULE IN THE Federal Register];
    b. Adding paragraph (e)(8); and
    c. Staying paragraph (j) from [DATE OF PUBLICATION OF FINAL RULE IN
THE Federal Register] until [DATE 90 DAYS AFTER DATE OF PUBLICATION OF
FINAL RULE IN THE Federal Register].
    The addition reads as follows:

Sec.  60.5410a  How do I demonstrate initial compliance with the
standards for my well, centrifugal compressor, reciprocating
compressor, pneumatic controller, pneumatic pump, storage vessel,
collection of fugitive emissions components at a well site, collection
of fugitive emissions components at a compressor station, and equipment
leaks and sweetening unit affected facilities at onshore natural gas
processing plants?

* * * * *
    (e) * * *
    (8) Pneumatic pump affected facilities at a well are not subject to
the requirements of paragraphs (e)(6) and (7) of this section from
[DATE OF PUBLICATION OF FINAL RULE IN THE Federal Register] until [DATE
90 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE IN THE Federal
Register].
* * * * *
0
5. Section 60.5411a is amended by:
0
a. Revising the introductory text;
0
b. Staying paragraph (d) from [DATE OF PUBLICATION OF FINAL RULE IN THE
Federal Register] until [DATE 90 DAYS AFTER DATE OF PUBLICATION OF
FINAL RULE IN THE Federal Register]; and
0
c. Adding paragraph (e).
    The revision and addition read as follows:

Sec.  60.5411a  What additional requirements must I meet to determine
initial compliance for my covers and closed vent systems routing
emissions from centrifugal compressor wet seal fluid degassing systems,
reciprocating compressors, pneumatic pumps and storage vessels?

    You must meet the applicable requirements of this section for each
cover and closed vent system used to comply with the emission standards
for your centrifugal compressor wet seal degassing systems,
reciprocating compressors, pneumatic pumps and storage vessels except
as provided in paragraph (e) of this section.
* * * * *
    (e) Pneumatic pump affected facilities at a well site are not
subject to the requirements of paragraph (a) of this section from [DATE
OF PUBLICATION OF FINAL RULE IN THE Federal Register] until [DATE 90
DAYS AFTER DATE OF PUBLICATION OF FINAL RULE IN THE Federal Register].
    6. Section 60.5415a is amended by:
    a. Revising paragraph (b) introductory text and adding paragraph
(b)(4); and
    b. Staying paragraph (h) from [DATE OF PUBLICATION OF FINAL RULE IN
THE Federal Register] until [DATE 90 DAYS AFTER DATE OF PUBLICATION OF
FINAL RULE IN THE Federal Register].
    The revision and addition read as follows:

Sec.  60.5415a  How do I demonstrate continuous compliance with the
standards for my well, centrifugal compressor, reciprocating
compressor, pneumatic controller, pneumatic pump, storage vessel,
collection of fugitive emissions components at a well site, and
collection of fugitive emissions components at a compressor station
affected facilities, and affected facilities at onshore natural gas
processing plants?

* * * * *
    (b) For each centrifugal compressor affected facility and each
pneumatic pump affected facility, you must demonstrate continuous
compliance according to paragraph (b)(3) of this section except as
provided in paragraph (b)(4) of this section. For each centrifugal
compressor affected facility, you also must demonstrate continuous
compliance according to paragraphs (b)(1) and (2) of this section.
* * * * *
    (4) Pneumatic pump affected facilities at a well site are not
subject to the requirements of paragraph (b)(3) of this section from
[DATE OF PUBLICATION OF FINAL RULE IN THE Federal Register] until [DATE
90 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE IN THE Federal
Register].
* * * * *
    7. Section 60.5416a is amended by revising the introductory text
and adding paragraph (d) to read as follows:

Sec.  60.5416a  What are the initial and continuous cover and closed
vent system inspection and monitoring requirements for my centrifugal
compressor, reciprocating compressor, pneumatic pump, and storage
vessel affected facilities?

    For each closed vent system or cover at your storage vessel,
centrifugal compressor, reciprocating compressor and pneumatic pump
affected facilities, you must comply with the applicable requirements
of paragraphs (a) through (c) of this section, except as provided in
paragraph (d) of this section.
* * * * *
    (d) Pneumatic pump affected facilities at a well site are not
subject to the requirements of paragraphs (a) and (b) of this section
from [DATE OF PUBLICATION OF FINAL RULE IN THE Federal Register] until
[DATE 90 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE IN THE Federal
Register].
    8. Section 60.5420a is amended by:
    a. Revising paragraph (b) introductory text;
    b. Staying paragraphs (b)(7), (8), and (12) from [DATE OF
PUBLICATION OF FINAL RULE IN THE Federal Register] until [DATE 90 DAYS
AFTER DATE OF PUBLICATION OF FINAL RULE IN THE Federal Register];

    c. Adding paragraph (b)(13); and
    d. Staying paragraphs (c)(15) through (17) from [DATE OF
PUBLICATION OF FINAL RULE IN THE Federal Register] until [DATE 90 DAYS
AFTER DATE OF PUBLICATION OF FINAL RULE IN THE Federal Register].
    The revision and addition read as follows:

Sec.  60.5420a  What are my notification, reporting, and recordkeeping
requirements?

* * * * *
    (b) Reporting requirements. You must submit annual reports
containing the information specified in paragraphs (b)(1) through (8)
and (12) of this section and performance test reports as specified in
paragraph (b)(9) or (10) of this section, if applicable, except as
provided in paragraph (b)(13) of this section. You must submit annual
reports following the procedure specified in paragraph (b)(11) of this
section. The initial annual report is due no later than 90 days after
the end of the initial compliance period as determined according to
Sec.  60.5410a. Subsequent annual reports are due no later than same
date each year as the initial annual report. If you own or operate more
than one affected facility, you may submit one report for multiple
affected facilities provided the report contains all of the information
required as specified in paragraphs (b)(1) through (8) of this section,
except as provided in paragraph (b)(13) of this section. Annual reports
may coincide with title V reports as long as all the required elements
of the annual report are included. You may arrange with the
Administrator a common schedule on which reports required by this part
may be submitted as long as the schedule does not extend the reporting
period.
* * * * *
    (13) The collection of fugitive emissions components at a well site
(as defined in Sec.  60.5430a), the collection of fugitive emissions
components at a compressor station (as defined in Sec.  60.5430a), and
pneumatic pump affected facilities at a well site (as defined in Sec.
60.5365a(h)(2)) are not subject to the requirements of paragraph (b)(1)
of this section from [DATE OF PUBLICATION OF FINAL RULE IN THE Federal
Register] until [DATE 90 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE
IN THE Federal Register].
* * * * *
[FR Doc. 2017-12473 Filed 6-15-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: November 10, 2005 (Volume 70, Number 217)]
[Notices]
[Page 68440-68441]
[DOCID:fr10no05-115]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of FERC Commissioner and Staff Attendance at OMS Annual
Meeting and Monthly Midwest ISO Advisory Committee Meetings and Monthly
Midwest ISO Board of Directors Meetings

November 2, 2005.
    The Federal Energy Regulatory Commission hereby gives notice that
members of the Commission and its staff may attend the Organization of
MISO States (OMS) Annual Meeting and the following monthly Midwest
Independent Transmission System Operator, Inc. (Midwest ISO) Advisory
Committee Meetings and Board of Directors Meetings:
OMS Annual Meeting--
    December 8, 2005, 10:30 a.m.-3 p.m.

    Lakeside Conference Center, 630 West Carmel Drive, Carmel, IN
46032.

Midwest ISO Advisory Committee Meetings--
    January 18, 2006, at a time to be determined
    February 15, 2006, at a time to be determined
    March 15, 2006, at a time to be determined
    April 19, 2006, at a time to be determined
    May 17, 2006, at a time to be determined
    June 14, 2006, at a time to be determined
    July 19, 2006, at a time to be determined
    August 16, 2006, at a time to be determined
    September 20, 2006, at a time to be determined
    October 18, 2006, at a time to be determined
    November 15, 2006, at a time to be determined
    December 13, 2006, at a time to be determined

    Lakeside Conference Center, 630 West Carmel Drive, Carmel, IN
46032.

Midwest ISO Board of Directors Meetings--
    January 19, 2006, at a time to be determined
    February 16, 2006, at a time to be determined
    March 16, 2006, at a time to be determined
    April 20, 2006, at a time to be determined
    May 18, 2006, at a time to be determined
    June 15, 2006, at a time to be determined
    July 20, 2006, at a time to be determined
    August 17, 2006, at a time to be determined
    September 21, 2006, at a time to be determined
    October 19, 2006, at a time to be determined
    November 16, 2006, at a time to be determined
    December 14, 2006, at a time to be determined

    701 City Center Drive, Carmel, IN 46032.
    For further information regarding the times and agendas of the
meetings, please see http://www.midwestiso.org/calendar/index.php.

    The discussions at each of the meetings described above may address
matters at issue in the following proceedings:

Docket No. ER02-2595, et al., Midwest Independent Transmission System
Operator, Inc.
Docket No. ER04-375, Midwest Independent Transmission System Operator,
Inc., et al.
Docket No. ER04-458, et al., Midwest Independent Transmission System
Operator, Inc.
Docket Nos. ER04-691, EL04-104 and ER04-106, et al., Midwest
Independent Transmission System Operator, Inc., et al.
Docket No. ER05-6, et al., Midwest Independent Transmission System
Operator, Inc., et al.

Docket No. ER05-752, Midwest Independent Transmission System Operator,
Inc. and PJM Interconnection, L.L.C.
Docket No. ER05-1083, et al., Midwest Independent Transmission System
Operator, Inc., et al.
Docket No. ER05-1085, et al., Midwest Independent Transmission System
Operator, Inc.
Docket No. ER05-1138, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER05-1201, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER05-1230, Midwest Independent Transmission System Operator,
Inc.
Docket No. EL05-103, Northern Indiana Power Service Co. v. Midwest
Independent Transmission System Operator, Inc. and PJM Interconnection,
L.L.C.
Docket No. EL05-128, Quest Energy, L.L.C. v. Midwest Independent
Transmission System Operator, Inc.
Docket No. ER06-18, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER06-27, Midwest Independent Transmission System Operator,
Inc., et al.
Docket Nos. EC06-4 and ER06-20, LGE Energy LLC, et al.

    These meetings are open to the public.
    For more information, contact Patrick Clarey, Office of Markets,
Tariffs and Rates, Federal Energy Regulatory Commission at (317) 249-
5937 or<EMAIL_ADDRESS>or Christopher Miller, Office of
Markets, Tariffs and Rates, Federal Energy Regulatory Commission at
(317) 249-5936 or<EMAIL_ADDRESS>
Magalie R. Salas,
Secretary.
[FR Doc. E5-6187 Filed 11-9-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 176 (Wednesday, September 11, 2013)]
[Rules and Regulations]
[Pages 55632-55635]
[FR Doc No: 2013-22112]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 721

[EPA-HQ-OPPT-2011-0941; FRL-9398-7]
RIN 2070-AB27

Significant New Use Rule on Certain Chemical Substances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Under the Toxic Substances Control Act (TSCA), EPA is
finalizing the significant new use rule (SNUR) for three chemical
substances which were the subject of premanufacture notices (PMNs) and
subject to a TSCA section 5(e) consent order issued by EPA. This action
requires persons who intend to manufacture (including import) or
process any of these three chemical substances for an activity that is
designated as a significant new use by this final rule to notify EPA at
least 90 days before commencing that activity. The required
notification will provide EPA with the opportunity to evaluate the
intended use and, if necessary, to prohibit or limit that activity
before it occurs.

DATES: This final rule is effective October 11, 2013.

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPPT-2011-0941, is available at
http://www.regulations.gov or at the Office of Pollution Prevention and
Toxics Docket (OPPT Docket), Environmental Protection Agency Docket
Center (EPA/DC), EPA West Bldg., Rm. 3334, 1301 Constitution Ave. NW.,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is<PHONE_NUMBER>, and the telephone
number for the OPPT Docket is<PHONE_NUMBER>. Please review the visitor
instructions and additional information about the docket available at
http://www.epa.gov/dockets.

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

I. 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 final rule.
Potentially affected entities may include, but are not limited to:
     Manufacturers or processors of the subject chemical
substances (NAICS codes 325 and 324110), e.g., chemical manufacturing
and petroleum refineries.
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. To determine
whether you or your business may be affected by this action, you should
carefully examine the applicability provisions in Sec.  721.5. If you
have questions regarding the applicability of this action to a
particular entity, consult the technical person listed under FOR
FURTHER INFORMATION CONTACT.
    This action may also affect certain entities through pre-existing
import certification and export notification rules under TSCA. Chemical
importers are subject to the TSCA section 13 (15 U.S.C. 2612) import
certification requirements promulgated at 19 CFR 12.118 through 12.127
and 19 CFR 127.28. Chemical importers must certify that the shipment of
the chemical substance complies with all applicable rules and orders
under TSCA. Importers of chemicals subject to a SNUR must certify their
compliance with the SNUR requirements. The EPA policy in support of
import certification appears at 40 CFR part 707, subpart B. In
addition, any persons who export or intend to export a chemical
substance that is the subject of a proposed or final SNUR are subject
to the export notification provisions of TSCA section 12(b) (15 U.S.C.
2611(b)) (see Sec.  721.20), and must comply with the export
notification requirements in 40 CFR part 707, subpart D.

II. Background

A. What action is the agency taking?

    EPA is finalizing a SNUR under TSCA section 5(a)(2) for three
chemical substances that were the subject of PMNs and subject to a TSCA
section 5(e) consent order issued by EPA. The SNUR is codified at 40
CFR 721.10515. The final SNUR designates as a significant new use
manufacture (including import) or processing in the presence of the
restrictions required in the consent order. The final SNUR for these
substances is based on and consistent with the provisions in the
underlying consent order. This final action requires persons who intend
to manufacture or process the chemical substances for an activity that
is designated as a significant new use by this final rule to notify EPA
at least 90 days before commencing that activity.
    This rule was proposed in the Federal Register issue of January 23,
2013 (78 FR 4806) (FRL-6369-9). EPA received no public comments in
response to the proposal for PMNs P-10-58, P-10-59, and P-10-60.
Therefore, the Agency is issuing a final SNUR, as proposed that:
    1. Revises significant new use requirements for specific uses
identified in the consent order.
    EPA did receive and comments on the remaining chemical substance in
the proposed rule, PMN P-07-0204 (Sec.  721.10509), and will address
that in a future, separate action.

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

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

C. Applicability of General Provisions

    General provisions for SNURs appear in 40 CFR part 721, subpart A.
These provisions describe persons subject to the rule, recordkeeping
requirements, exemptions to reporting requirements,

and applicability of the final rule to uses occurring before the
effective date of the final rule. Provisions relating to user fees
appear at 40 CFR part 700. According to Sec.  14;721.1(c), persons
subject to these SNURs must comply with the same SNUN requirements and
EPA regulatory procedures as submitters of PMNs under TSCA section
5(a)(1)(A). In particular, these requirements include the information
submission requirements of TSCA section 5(b) and 5(d)(1), the
exemptions authorized by TSCA 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 may take regulatory action under TSCA section 5(e), 5(f), 6,
or 7 to control the activities for which it has received the SNUN. If
EPA does not take action, EPA is required under TSCA section 5(g) to
explain in the Federal Register its reasons for not taking action.

III. Rationale and Objectives of the Final Rule

A. Rationale

    During review of the PMNs submitted for the three chemical
substances, EPA concluded that regulation was warranted under TSCA
section 5(e), pending the development of information sufficient to make
reasoned evaluations of the health or environmental effects of the
chemical substances. Based on these findings, a TSCA section 5(e)
consent order requiring the use of appropriate exposure controls were
negotiated with the PMN submitter. The SNUR provisions for these
chemical substances are consistent with the provisions of the TSCA
section 5(e) consent order. This SNUR is promulgated pursuant to Sec.
14;721.160. See the docket under docket ID number EPA-HQ-OPPT-2011-0941
for the corresponding consent orders.

B. Objectives

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

IV. Significant New Use Determination

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

V. Applicability of the Significant New Use Designation

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

VI. Test Data and Other Information

    EPA recognizes that TSCA section 5 does not require developing any
particular test data before submission of a SNUN. The two exceptions
are:
    1. Development of test data is required where the chemical
substance subject to the SNUR is also subject to a test rule under TSCA
section 4 (see TSCA section 5(b)(1)).
    2. Development of test data may be necessary where the chemical
substance has been listed under TSCA section 5(b)(4) (see TSCA section
5(b)(2)).
    In the absence of a TSCA section 4 test rule or a TSCA section
5(b)(4) listing covering the chemical substance, persons are required
only to submit test data in their possession or control and to describe
any other data known to or reasonably ascertainable by them (see 40 CFR
720.50). However, upon review of PMNs and SNUNs, the Agency has the
authority to require appropriate testing.
    In the TSCA section 5(e) consent orders for the chemical substances
regulated under this final rule, EPA has established restrictions in
view of the lack of data on the potential health and environmental
risks that may be posed by the significant new uses or increased
exposure to the chemical substances. These restrictions will not be
removed until EPA determines that the unrestricted use will not present
an unreasonable risk of injury or result in significant or substantial
exposure or environmental release. This determination is usually made
based on the results of the required or recommended toxicity tests. In
cases where EPA issued a TSCA section 5(e)

consent order that requires or recommends certain testing, Unit IV. of
the proposed rule lists tests required or recommended in each of the
section 5(e) consent orders underlying the proposed section 5(e) SNURs.
Descriptions of tests are provided for informational purposes. EPA
strongly encourages persons, before performing any testing, to consult
with the Agency pertaining to protocol selection.
    SNUN submitters should be aware that EPA will be better able to
evaluate SNUNs which provide detailed information on the following:
     Human exposure and environmental release that may result
from the significant new use of the chemical substances.
     Potential benefits of the chemical substances.
     Information on risks posed by the chemical substances
compared to risks posed by potential substitutes.

VII. SNUN Submissions

    According to Sec.  721.1(c), persons submitting a SNUN must comply
with the same notification requirements and EPA regulatory procedures
as persons submitting a PMN, 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 720.40 and Sec.  721.25. E-PMN software is
available electronically at http://www.epa.gov/opptintr/newchems.

VIII. Economic Analysis

    EPA has evaluated the potential costs of establishing SNUN
requirements for potential manufacturers and processors of the chemical
substances during the development of the direct final rule. EPA's
complete economic analysis is available in the docket under docket ID
number EPA-HQ-OPPT-2011-0941.

IX. Statutory and Executive Order Reviews

A. Executive Order 12866

    This final rule establishes a SNUR for three new chemical
substances that were the subject of PMNs and a TSCA section 5(e)
consent order. The Office of Management and Budget (OMB) has exempted
these types of actions from review under Executive Order 12866,
entitled ``Regulatory Planning and Review'' (58 FR 51735, October 4,
1993).

B. Paperwork Reduction Act (PRA)

    According to PRA (44 U.S.C. 3501 et seq.), an Agency may not
conduct or sponsor, and a person is not required to respond to a
collection of information that requires OMB approval under PRA, unless
it has been approved by OMB and displays a currently valid OMB control
number. The OMB control numbers for EPA's regulations in title 40 of
the CFR, after appearing in the Federal Register, are listed in 40 CFR
part 9, and included on the related collection instrument or form, if
applicable. EPA is amending the table in 40 CFR part 9 to list the OMB
approval number for the information collection requirements contained
in this final rule. This listing of the OMB control numbers and their
subsequent codification in the CFR satisfies the display requirements
of PRA and OMB's implementing regulations at 5 CFR part 1320. This
Information Collection Request (ICR) was previously subject to public
notice and comment prior to OMB approval, and given the technical
nature of the table, EPA finds that further notice and comment to amend
it is unnecessary. As a result, EPA finds that there is ``good cause''
under section 553(b)(3)(B) of the Administrative Procedure Act (5
U.S.C. 553(b)(3)(B)) to amend this table without further notice and
comment.
    The information collection requirements related to this action have
already been approved by OMB pursuant to PRA under OMB control number
2070-0012 (EPA ICR No. 574). This action does not impose any burden
requiring additional OMB approval. If an entity were to submit a SNUN
to the Agency, the annual burden is estimated to average between 30 and
170 hours per response. This burden estimate includes the time needed
to review instructions, search existing data sources, gather and
maintain the data needed, and complete, review, and submit the required
SNUN.
    Send any comments about the accuracy of the burden estimate, and
any suggested methods for minimizing respondent burden, including
through the use of automated collection techniques, to the Director,
Collection Strategies Division, Office of Environmental Information
(2822T), Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001. Please remember to include the OMB control
number in any correspondence, but do not submit any completed forms to
this address.

C. Regulatory Flexibility Act (RFA)

    On February 18, 2012, EPA certified pursuant to RFA section 605(b)
(5 U.S.C. 601 et seq.), that promulgation of a SNUR does not have a
significant economic impact on a substantial number of small entities
where the following are true:
    1. A significant number of SNUNs would not be submitted by small
entities in response to the SNUR.
    2. The SNUR submitted by any small entity would not cost
significantly more than $8,300.
    A copy of that certification is available in the docket for this
final rule.
    This final rule is within the scope of the February 18, 2012
certification. Based on the Economic Analysis discussed in Unit VIII.
and EPA's experience promulgating SNURs (discussed in the
certification), EPA believes that the following are true:
     A significant number of SNUNs would not be submitted by
small entities in response to the SNUR.
     Submission of the SNUN would not cost any small entity
significantly more than $8,300. Therefore, the promulgation of the SNUR
would not have a significant economic impact on a substantial number of
small entities.

D. Unfunded Mandates Reform Act (UMRA)

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

E. Executive Order 13132

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

F. Executive Order 13175

    This final rule does not have Tribal implications because it is not
expected to have substantial direct effects on Indian Tribes. This
final rule does not significantly nor uniquely affect the communities
of Indian Tribal governments, nor does it involve or impose any
requirements that affect Indian Tribes. Accordingly, the requirements
of Executive Order 13175, entitled ``Consultation and Coordination

with Indian Tribal Governments'' (65 FR 67249, November 9, 2000), do
not apply to this final rule.

G. Executive Order 13045

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

H. Executive Order 13211

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

I. National Technology Transfer and Advancement Act (NTTAA)

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

J. Executive Order 12898

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

X. Congressional Review Act (CRA)

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

List of Subjects

40 CFR Part 9

    Environmental protection, Reporting and recordkeeping requirements.

40 CFR Part 721

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

    Dated: September 3, 2013.
Maria J. Doa,
Director, Chemical Control Division, Office of Pollution Prevention and
Toxics.

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

PART 9--[AMENDED]

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

    Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003,
2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 1330,
1342, 1344, 1345(d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR,
1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g,
300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2,
300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542,
9601-9657, 11023, 11048.

0
2. In Sec.  9.1, add the following section in numerical order under the
undesignated center heading ``Significant New Uses of Chemical
Substances'' to read as follows:

Sec.  9.1  OMB approvals under the Paperwork Reduction Act.

* * * * *

------------------------------------------------------------------------
                    40 CFR citation                      OMB Control No.
------------------------------------------------------------------------

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

                                * * * * *
721.10515..............................................       2070-0012

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

* * * * *

PART 721--[AMENDED]

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

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

0
4. Add Sec.  [emsp14]721.10515 to subpart E to read as follows:

Sec.  [emsp14]721.10515  Partially fluorinated alcohol substituted
glycols (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substances identified generically as
partially fluorinated alcohol substituted glycols (PMN P-10-58, P-10-
59, and P-10-60) are subject to reporting under this section for the
significant new uses described in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(k) (manufacture and import of the PMN
substances according to the chemical synthesis and composition section
of the TSCA section 5(e) consent order, including analysis, reporting,
and limitations of maximum impurity levels of certain fluorinated
impurities; manufacture and import of P-10-58 and P-10-59 only as
intermediates for the manufacture of P-10-60), and (q).
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), and (i) are applicable to manufacturers,
importers, and processors of these substances, except the recordkeeping
requirements for Sec.  721.125(b) and (c) do not apply to importers or
processors when any one of the substances are contained in a
formulation at less than 3 weight percent.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.
    (3) Determining whether a specific use is subject to this section.
The provisions of Sec.  721.1725(b)(1) apply to paragraph (a)(2)(i) of
this section.

[FR Doc. 2013-22112 Filed 9-10-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 117 (Friday, June 17, 2022)]
[Notices]
[Pages 36539-36541]
[FR Doc No: 2022-13106]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0039]

Intertek Testing Services NA, Inc.: Application for Expansion of
Recognition

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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

SUMMARY: In this notice, OSHA announces the application of Intertek
Testing Services NA, Inc., for expansion of the recognition as a
Nationally Recognized Testing Laboratory (NRTL) and presents the
agency's preliminary finding to grant the application.

DATES: Submit comments, information, and documents in response to this
notice, or requests for an extension of time to make a submission, on
or before July 5, 2022.

ADDRESSES: Submit comments by any of the following methods:
    Electronically: Submit comments and attachments electronically at
https://www.regulations.gov, which is the Federal eRulemaking Portal.
Follow the instructions online for making electronic submissions.
    Docket: To read or download comments or other material in the
docket, go to https://www.regulations.gov or the OSHA Docket Office at
the above address. All documents in the docket (including this Federal
Register notice) are listed in the https://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download through the website. All submissions,
including copyrighted material, are available for inspection through
the OSHA Docket Office. Contact the OSHA Docket Office at (202) 693-
2350 (TTY<PHONE_NUMBER>) for assistance in locating docket
submissions. Please note: While OSHA's docket office is continuing to
accept and process submissions by regular mail, due to the COVID-19
pandemic, the Docket Office is closed to the public and not able to
receive submissions to the rulemaking record by express delivery, hand
delivery, and messenger service.
    Instructions: All submissions must include the agency name and the
OSHA docket number (OSHA-2007-0039). OSHA places comments and other
materials, including any personal information, in the public docket
without revision, and these materials will be available online at
https://www.regulations.gov. Therefore, the agency cautions commenters
about submitting statements they do not want made available to the
public or submitting comments that contain personal information (either
about themselves or others) such as Social Security numbers, birth
dates, and medical data.
    Extension of comment period: Submit requests for an extension of
the comment period on or before July 5, 2022 to the Office of Technical
Programs and Coordination Activities, Directorate of Technical Support
and

Emergency Management, Occupational Safety and Health Administration,
U.S. Department of Labor, 200 Constitution Avenue NW, Room N-3653,
Washington, DC 20210, or by fax to<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, phone:<PHONE_NUMBER> or email:
[email protected].
    General and technical information: Contact Mr. Kevin Robinson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration, phone:<PHONE_NUMBER> or email:
[email protected].

SUPPLEMENTARY INFORMATION:

I. Notice of the Application for Expansion

    OSHA is providing notice that Intertek Testing Services NA, Inc.
(ITSNA), is applying for expansion of the current recognition as a
NRTL. ITSNA requests the addition of one test standard to the NRTL
scope of recognition.
    OSHA recognition of a NRTL signifies that the organization meets
the requirements specified in 29 CFR 1910.7. Recognition is an
acknowledgment that the organization can perform independent safety
testing and certification of the specific products covered within the
scope of recognition. Each NRTL's scope of recognition includes: (1)
the type of products the NRTL may test, with each type specified by the
applicable test standard; and (2) the recognized site(s) that has/have
the technical capability to perform the product-testing and product-
certification activities for test standards within the NRTL's scope.
Recognition is not a delegation or grant of government authority;
however, recognition enables employers to use products approved by the
NRTL to meet OSHA standards that require product testing and
certification.
    The agency processes applications by a NRTL for initial recognition
and for an expansion or renewal of this recognition, following
requirements in Appendix A to 29 CFR 1910.7. This appendix requires
that the agency publish two notices in the Federal Register in
processing an application. In the first notice, OSHA announces the
application and provides a preliminary finding. In the second notice,
the agency provides a final decision on the application. These notices
set forth the NRTL's scope of recognition or modifications of that
scope. OSHA maintains an informational web page for each NRTL,
including ITSNA, which details the NRTL's scope of recognition. These
pages are available from the OSHA website at https://www.osha.gov/dts/otpca/nrtl/index.html.
    ITSNA currently has thirteen facilities (sites) recognized by OSHA
for product testing and certification, with the headquarters located
at: Intertek Testing Services NA, Inc., 545 East Algonquin Road, Suite
F, Arlington Heights, Illinois 60005. A complete list of ITSNA's scope
of recognition is available at https://www.osha.gov/nationally-recognized-testing-laboratory-program/its.

II. General Background on the Application

    ITSNA submitted one application, dated November 23, 2021 (OSHA-
2007-0039-0035), to expand the recognition to include one additional
test standard. The standard requested in the expansion application is a
replacement standard for ISA 12.12.01, which is currently included in
ITSNA's NRTL scope of recognition. OSHA staff performed a detailed
analysis of the application packet and reviewed other pertinent
information. OSHA did not perform any on-site reviews in relation to
this application.
    Table 1, below, lists the appropriate test standard found in
ITSNA's application for expansion for testing and certification of
products under the NRTL Program.

  Table 1--Proposed Appropriate Test Standard for Inclusion in ITSNA's
                        NRTL Scope of Recognition
------------------------------------------------------------------------
       Test standard                     Test standard title
------------------------------------------------------------------------
UL 121201..................  Nonincendive Electrical Equipment for Use
                              in Class I and Class II, Division 2 and
                              Class III, Divisions 1 and 2 Hazardous
                              (Classified) Locations.
------------------------------------------------------------------------

III. Preliminary Findings on the Application

    ITSNA submitted an acceptable application for expansion of the
scope of recognition. OSHA's review of the application file, and
pertinent documentation, indicate that ITSNA has met the requirements
prescribed by 29 CFR 1910.7 for expanding the recognition to include
the addition of the one test standard for NRTL testing and
certification listed in Table 1. This preliminary finding does not
constitute an interim or temporary approval of ITSNA's application.
    OSHA seeks comment on this preliminary determination.

IV. Public Participation

    OSHA welcomes public comment as to whether ITSNA meets the
requirements of 29 CFR 1910.7 for expansion of recognition as a NRTL.
Comments should consist of pertinent written documents and exhibits.
    Commenters needing more time to comment must submit a request in
writing, stating the reasons for the request by the due date for
comments. OSHA will limit any extension to 10 days unless the requester
justifies a longer time period. OSHA may deny a request for an
extension if it is not adequately justified.
    To review copies of the exhibits identified in this notice, as well
as comments submitted to the docket, contact the Docket Office,
Occupational Safety and Health Administration, U.S. Department of
Labor. These materials also are generally available online at https://www.regulations.gov under Docket No. OSHA-2007-0039 (for further
information, see the ``Docket'' heading in the section of this notice
titled ADDRESSES).
    OSHA staff will review all comments to the docket submitted in a
timely manner. After addressing the issues raised by these comments,
staff will make a recommendation to the Assistant Secretary of Labor
for Occupational Safety and Health on whether to grant ITSNA's
application for expansion of the scope of recognition. The Assistant
Secretary will make the final decision on granting the application. In
making this decision, the Assistant Secretary may undertake other
proceedings prescribed in Appendix A to 29 CFR 1910.7.
    OSHA will publish a public notice of the final decision in the
Federal Register.

V. Authority and Signature

    James S. Frederick, Deputy Assistant Secretary of Labor for
Occupational Safety and Health, authorized the preparation of this
notice. Accordingly, the agency is issuing this notice pursuant to 29
U.S.C. 657(g)(2), Secretary of Labor's Order No. 8-2020 (85 FR 58393,
Sept. 18, 2020), and 29 CFR 1910.7.

    Signed at Washington, DC, on June 10, 2022.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2022-13106 Filed 6-16-22; 8:45 am]
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