[Federal Register Volume 80, Number 44 (Friday, March 6, 2015)]
[Notices]
[Pages 12225-12227]
[FR Doc No: 2015-05162]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74408; File No. SR-NYSEMKT-2015-11]

Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed Rule Change Specifying in Exchange
Rules the Exchange's Use of Certain Data Feeds for Order Handling and
Execution, Order Routing, and Regulatory Compliance

 March 2, 2015.
    Pursuant to section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on February 24, 2015, NYSE MKT LLC (the ``Exchange'' or
``NYSE MKT'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to specify in Exchange rules the Exchange's
use of certain data feeds for order handling and execution, order
routing, and regulatory compliance. The text of the proposed rule
change is available on the Exchange's Web site at www.nyse.com, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    On June 5, 2014, in a speech entitled ``Enhancing Our Market Equity
Structure,'' Mary Jo White, Chair of the Securities and Exchange
Commission (``SEC'' or the ``Commission'') requested the equity
exchanges to file with the Commission the data feeds used for purposes
of (1) order handling and execution (e.g., with pegged or midpoint
orders); (2) order routing, and (3) regulatory compliance, if
applicable.\4\ Subsequent to the Chair's speech, the Division of
Trading and Markets stated that it ``believes there is a need for
clarity regarding whether (1) the SIP data feeds, (2) proprietary data
feeds, or (3) a combination thereof,'' are used for these purposes and
requested that proposed rule changes be filed that disclose such
information.\5\ The stated goal of disclosing this information was to
provide broker-dealers and investors with enhanced transparency to
better assess the quality of an exchange's execution and routing
services.
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    \4\ See Mary Jo White, Chair, Securities and Exchange
Commission, Speech at the Sandler, O'Neill & Partners, L.P. Global
Exchange and Brokerage Conference (June 5, 2014) (available at
www.sec.gov/News/Speech/Detail/Speech/1370542004312#.U5HI-fmwJiw).
    \5\ See Letter from James Burns, Deputy Director, Division of
Trading and Markets, Securities and Exchange Commission, to Jeffrey
C. Sprecher, Chief Executive Officer, Intercontinental Exchange,
Inc., dated June 20, 2014.
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    On July 18, 2014, in response to the above request, the Exchange
filed a proposed rule change that clarified the Exchange's use of
certain data feeds for order handling and execution, order routing, and
regulatory compliance.\6\ As noted in that filing, the data feeds
available for the purposes of order handling and execution, order
routing, and regulatory compliance at the Exchange include the
exclusive securities information processor (``SIP'') data feeds.\7\
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    \6\ See Securities Exchange Act Release No. 72709 (July 29,
2014), 79 FR 45513 (Aug. 5, 2014) (SR-NYSEMKT-2014-62) (``July 2014
Data Feed Filing'').
    \7\ The SIP feeds are disseminated pursuant to effective joint-
industry plans as required by Rule 603(b) of Regulation NMS. 17 CFR
242.603(b). The three joint-industry plans are: (1) The CTA Plan,
which is operated by the Consolidated Tape Association and
disseminates transaction information for securities with the primary
listing market on exchanges other than NASDAQ Stock Market LLC
(``Nasdaq''): (2) The CQ Plan, which disseminates consolidated
quotation information for securities with their primary listing on
exchanges other than Nasdaq; and (3) the Nasdaq UTP Plan, which
disseminates consolidated transaction and quotation information for
securities with their primary listing on Nasdaq.
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    SEC staff has requested that the Exchange file a supplemental
proposed rule change to specify in Exchange rules which data feeds the
Exchange uses for the above-described purposes. Accordingly, the
Exchange is filing this proposed rule change.
    As set forth in its July 2014 Data Feed Filing, the Exchange uses
only the SIP data feeds to determine protected quotations on markets
other than the Exchange \8\ for purposes of compliance with Rule 611
and Rule 610(d), including identifying where to route ISOs, to
calculate the protected best bid or offer (``PBBO'') for purposes of
order types that are priced based on the PBBO, and to determine the
national best bid (``NBB'') \9\ for purposes of compliance with Rule
201 of Regulation SHO and Rule 440B--Equities.\10\ The Exchange notes
that when it routes interest to a protected quotation, the Exchange
adjusts the PBBO.
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    \8\ The Exchange notes that because the FINRA Alternate Display
Facility (``ADF'') does not currently display any quotations, the
Exchange does not need any data feeds to provide it with ADF quotes.
    \9\ The NBBO is defined as the best bid and best offer of an NMS
security. 17 CFR 242.600(b)(3). The Exchange notes that the NBBO may
differ from the PBBO because the NBBO includes Manual Quotations,
which are defined as any quotation other than an automated
quotation. 17 CFR 242.600(b)(37). By contrast, a protected quotation
is an automated quotation that is the best bid or offer of a
national securities exchange. 17 CFR 242.60)(b)(57)(iii).
    \10\ Rule 440B(b)--Equities requires that Exchange systems not
execute or display a short sale order with respect to a covered
security at a price that is less than or equal to the current NBB if
the price of that security decreases by 10% or more, as determined
by the Exchange, from the security's closing price on the Exchange
at the end of regular trading hours on the prior day.
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    The Exchange proposes to add new Supplementary Material .01 to Rule
19--Equities, which would state the following:
    .01 The Exchange uses the following data feeds for the handing,
execution, and routing of orders, as well as for regulatory compliance:

------------------------------------------------------------------------
                                                             Secondary
           Market center               Primary source         source
------------------------------------------------------------------------
BATS Exchange, Inc................  SIP Data Feed.......             n/a
BATS Y-Exchange, Inc..............  SIP Data Feed.......             n/a
Chicago Stock Exchange, Inc.......  SIP Data Feed.......             n/a
EDGA Exchange, Inc................  SIP Data Feed.......             n/a
EDGX Exchange, Inc................  SIP Data Feed.......             n/a
NASDAQ OMX BX LLC.................  SIP Data Feed.......             n/a
NASDAQ OMX PHLX LLC...............  SIP Data Feed.......             n/a
NASDAQ Stock Market LLC...........  SIP Data Feed.......             n/a
NYSE Arca Equities, Inc...........  SIP Data Feed.......             n/a
------------------------------------------------------------------------

    The Exchange notes that it does not trade any securities listed on
the New York Stock Exchange LLC.
 2. Statutory Basis
    The proposed rule change is consistent with section 6(b) of the
Securities Exchange Act of 1934 (the ``Act''),\11\ in general, and
furthers the objectives of section 6(b)(5),\12\ in particular, because
it is designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, to remove impediments to, and perfect the
mechanism of, a free and open market and a national market system and,
in general, to protect investors and the public interest. The Exchange
believes that the proposed rule change removes impediments to and
perfects the mechanism of a free and open market because it provides
enhanced transparency to better assess the quality of an exchange's
execution and routing services.
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    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance

of the purposes of the Act. The proposed change is not designed to
address any competitive issue but rather would provide the public and
investors with information about which data feeds the Exchange uses for
execution and routing decisions.

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

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

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

    Because the proposed rule change does not (i) significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, the proposed rule change has become effective
pursuant to section 19(b)(3)(A) of the Act\13\ and Rule 19b-4(f)(6)
thereunder.\14\
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    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \15\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \16\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay so that
the proposal may become operative immediately upon filing. The Exchange
stated that waiver of the operative delay will permit the Exchange to
immediately provide the enhanced transparency in Exchange rules. The
Commission believes the waiver of the operative delay is consistent
with the protection of investors and the public interest. Therefore,
the Commission hereby waives the operative delay and designates the
proposal operative upon filing.\17\
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    \15\ 17 CFR 240.19b-4(f)(6).
    \16\ 17 CFR 240.19b-4(f)(6)(iii).
    \17\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEMKT-2015-11 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEMKT-2015-11. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEMKT-2015-11 and should
be submitted on or before March 27, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-05162 Filed 3-5-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 108 (Tuesday, June 5, 2018)]
[Notices]
[Pages 26128-26129]
[FR Doc No: 2018-11982]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83345; File No. SR-Phlx-2018-43]

Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change To Amend the
Descriptions of Certain Data Feeds Within Rule 1070

May 30, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on May 25, 2018, Nasdaq PHLX LLC (``Phlx'' or ``Exchange'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by the Exchange. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend the descriptions of certain data
feeds within Rule 1070 entitled ``Data Feeds and Trade Information.''
The text of the proposed rule change is available on the Exchange's
website at http://nasdaqphlx.cchwallstreet.com/, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Rule 1070 entitled ``Data Feeds and
Trade Information'' to: (i) Replace the phrase ``option symbol
directory information'' on the PHLX Depth of Market Feed with a more
specific description of the options symbol directory that was recently
utilized in ISE Rule 718(a); \3\ and (ii) add a similar description to
the Top of PHLX Options (``TOPO'') and PHLX Orders data feed which have
options symbol directories as well.
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    \3\ The data provided for each options series includes the
symbols (series and underlying security), put or call indicator,
expiration date, the strike price of the series, and whether the
option series is available for trading on ISE and identifies if the
series is available for closing transactions only.
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    The Exchange proposes to amend the description of the PHLX Depth of
Market Feed by removing the words ``option symbol directory
information'' from the description and adding the sentence, ``The data
provided for each options series includes the symbols (series and
underlying security), put or call indicator, expiration date, the
strike price of the series, and whether the option series is available
for trading on Phlx and identifies if the series is available for
closing transactions only'' to describe the data provided for each
options series.
    The Exchange inadvertently excluded this information when it
originally filed the description for the TOPO and PHLX Order feeds and
now proposes to add a description of the options symbol directory to
these feeds, similar to Phlx Depth of Market. The Exchange notes that
because the PHLX Orders feed contains complex order data, the Exchange
is also noting that ``leg information on complex strategies''
information is included in that feed for each option series. The
Exchange believes that adding this language will bring greater clarity
to each of these feeds.
    The Exchange also proposes to replace the word ``Exchange'' with
``Phlx'' in Rule 1070(a).
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Securities Exchange Act of 1934,\4\ in
general, and furthers the objectives of Section 6(b)(5) of the Act,\5\
in particular, in that it is designed to promote just and equitable
principles of trade, to remove impediments to and perfect the mechanism
for a free and open market and a national market system, and, in
general, to protect investors and the public interest, by providing
greater transparency to the data feed information offered on Phlx. The
Exchange's proposal to add more detail concerning the options symbol
directory to the PHLX Depth of Market, TOPO and PHLX Orders data feeds
will bring greater transparency to the Exchange's Rules. The Exchange
believes that the proposed rule change is consistent with the
protection of investors and the public interest as it provides
information relating to the data available on the Exchange for the
benefit of its members within its Rules and adds greater transparency
to these offerings. Finally, the amendments seek to add greater clarity
to the data offerings and conform the text of the offerings across its
Nasdaq affiliated markets.
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    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    In accordance with Section 6(b)(8) of the Act,\6\ the Exchange does
not believe that the proposed rule change will impose any burden on
intermarket or intra-market competition that is not necessary or
appropriate in furtherance

of the purposes of the Act. The data feed offerings are available to
any market participant. The Exchange's proposal to amend the data
offerings will bring greater transparency to the Rulebook. The
amendments seek to add greater clarity to the data offerings and
conform the text of the offerings.
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    \6\ 15 U.S.C. 78f(b)(8).
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

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

    Because the proposed rule change does not: (i) Significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \7\ and Rule 19b-
4(f)(6) thereunder.\8\
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    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice the
Exchange's intent to file the proposed rule change, along with a
brief description and text of the proposed rule change at least five
business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \9\ normally
does not become operative for 30 days after the date of filing.
However, pursuant to Rule 19b-4(f)(6)(iii),\10\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative upon filing. The Exchange states that such waiver
will allow it to update its rules to provide more detail regarding its
data offerings and will further the protection of investors and the
public interest because it will provide greater transparency as to the
data offerings available to members. For this reason, the Commission
believes that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest and, therefore, the
Commission designates the proposed rule change to be operative upon
filing.\11\
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    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ 17 CFR 240.19b-4(f)(6)(iii).
    \11\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-Phlx-2018-43 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2018-43. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-Phlx-2018-43 and should be submitted on
or before June 26, 2018.
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    \12\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-11982 Filed 6-4-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)]
[Notices]
[Pages 6626-6627]
[FR Doc No: 2018-02983]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82670; File Nos. SR-DTC-2017-022; SR-FICC-2017-022; SR-
NSCC-2017-018]

Self-Regulatory Organizations; The Depository Trust Company;
Fixed Income Clearing Corporation; National Securities Clearing
Corporation; Notice of Designation of Longer Period for Commission
Action on Proposed Rule Changes To Amend the Loss Allocation Rules and
Make Other Changes

February 8, 2018.
    On December 18, 2017, The Depository Trust Company (``DTC''), Fixed
Income Clearing Corporation (``FICC''), and National Securities
Clearing Corporation (``NSCC'') (collectively, ``Clearing Agencies''),
each filed with the Securities and Exchange Commission (``Commission'')
a proposed rule change to amend the loss allocation rules and make
other changes (SR-DTC-2017-022, SR-FICC-2017-022, and SR-NSCC-2017-
018), respectively (``Proposed Rule Changes''), pursuant to Section
19(b)(1) of the

Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4
thereunder.\2\ The Proposed Rule Changes were published for comment in
the Federal Register on January 8, 2018.\3\ The Commission did not
receive any comments on the Proposed Rule Changes.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 82426 (January 2, 2018),
83 FR 913 (January 8, 2018) (SR-DTC-2017-022); Securities Exchange
Act Release No. 82427 (January 2, 2018), 83 FR 854 (January 8, 2018)
(SR-FICC-2017-022); Securities Exchange Act Release No. 82428
(January 2, 2018), 83 FR 897 (January 8, 2018) (SR-NSCC-2017-018).
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    Section 19(b)(2) of the Act \4\ provides that within 45 days of the
publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day after publication of the notices for the Proposed Rule Changes
is February 22, 2018.
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    \4\ 15 U.S.C. 78s(b)(2).
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    The Commission is extending the 45-day time period for Commission
action on the Proposed Rule Changes. The Commission finds that it is
appropriate to designate a longer period within which to take action on
the Proposed Rule Changes so that it has sufficient time to consider
and take action on the Proposed Rule Changes.
    Accordingly, pursuant to Section 19(b)(2) of the Act \5\ and for
the reasons stated above, the Commission designates April 8, 2018 as
the date by which the Commission shall either approve, disapprove, or
institute proceedings to determine whether to disapprove proposed rule
changes SR-DTC-2017-022, SR-FICC-2017-022, and SR-NSCC-2017-018.
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    \5\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
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    \6\ 17 CFR 200.30-3(a)(31).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-02983 Filed 2-13-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 140 (Tuesday, July 21, 2020)]
[Proposed Rules]
[Pages 44032-44038]
[FR Doc No: 2020-15017]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[EPA-HQ-OPPT-2020-0303; FRL-10011-81]
RIN 2070-AB27

Significant New Use Rules on Certain Chemical Substances (20-7.B)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing significant new use rules (SNURs) under the
Toxic Substances Control Act (TSCA) for chemical substances which are
the subject of premanufacture notices (PMNs). This action would require
persons to notify EPA at least 90 days before commencing manufacture
(defined by statute to include import) or processing of any of these
chemical substances for an activity that is designated as a significant
new use by this proposed rule. This action would further require that
persons not commence manufacture or processing for the significant new
use until they have submitted a Significant New Use Notice (SNUN), and
EPA has conducted a review of the notice, made an appropriate
determination on the notice under TSCA, and has taken any risk
management actions as are required as a result of that determination.

DATES: Comments must be received on or before August 20, 2020.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2020-0303, by one of the following methods:
     Federal eRulemaking Portal: 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.
     Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Please note that due to the public health emergency the EPA Docket
Center (EPA/DC) and Reading Room was closed to public visitors on March
31, 2020. Our EPA/DC staff will continue to provide customer service
via email, phone, and webform. For further information on EPA/DC
services, docket contact information and the current status of the EPA/
DC and Reading Room, please visit https://www.epa.gov/dockets.

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

I. 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 one or more subject
chemical substances (NAICS codes 325 and 324110), e.g., chemical
manufacturing and petroleum refineries.
    This action may also affect certain entities through pre-existing
import certification and export notification rules under TSCA. Chemical
importers are subject to the TSCA section 13 (15 U.S.C. 2612) import
provisions. This action may also affect certain entities through pre-
existing import certification and export notification rules under TSCA,
which would include the SNUR requirements should these proposed rules
be finalized. The EPA policy in support of import certification appears
at 40 CFR part 707, subpart B. In addition, pursuant to 40 CFR 721.20,
any persons who export or intend to export a chemical substance that is
the subject of this proposed rule on or after August 20, 2020 are
subject to the export notification provisions of TSCA section 12(b) (15
U.S.C. 2611(b)) 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 CBI 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 http://www.epa.gov/dockets/comments.html.

II. Background

A. What action is the Agency taking?

    EPA is proposing these SNURs under TSCA section 5(a)(2) for
chemical substances which are the subjects of PMNs P-16-313, P-17-333,
P-18-320, P-18-363, P-20-15, P-20-38, and P-20-40. These proposed SNURs
would require persons who intend to manufacture or process any of these
chemical substances for an activity that is designated as a significant
new use to notify EPA at least 90 days before commencing that activity.
    The record for these proposed SNURs, identified as docket ID number
EPA-HQ-OPPT-2020-0303, includes information considered by the Agency in
developing these proposed SNURs.

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, including the four TSCA section 5(a)(2) factors
listed in Unit III.

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 rule to uses occurring before the effective date of the rule.
Provisions relating to user fees appear at 40 CFR part 700. Pursuant to

40 CFR 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) (15 U.S.C. 2604(a)(1)(A)). In
particular, these requirements include the information submission
requirements of TSCA sections 5(b) and 5(d)(1) (15 U.S.C. 2604(b) and
2604(d)(1)), the exemptions authorized by TSCA sections 5(h)(1),
5(h)(2), 5(h)(3), and 5(h)(5) and the regulations at 40 CFR part 720.
Once EPA receives a SNUN, EPA must either determine that the use is not
likely to present an unreasonable risk of injury under the conditions
of use for the chemical substance 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 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 what would constitute a significant new use for the
chemical substances that are the subject of these SNURs, EPA considered
relevant information about the toxicity of the chemical substances, and
potential human exposures and environmental releases that may be
associated with the substances, in the context of the four bulleted
TSCA section 5(a)(2) factors listed in this unit. During its review of
these chemicals, EPA identified certain conditions of use that are not
intended by the submitters, but reasonably foreseen to occur. EPA is
proposing to designate those reasonably foreseen conditions of use as
well as certain other circumstances of use as significant new uses.

IV. Substances Subject to This Proposed Rule

    EPA is proposing significant new use and recordkeeping requirements
for certain chemical substances in 40 CFR part 721, subpart E. In this
unit, EPA provides the following information for each chemical
substance:
     PMN number.
     Chemical name (generic name, if the specific name is
claimed as CBI).
     Chemical Abstracts Service (CAS) Registry number (if
assigned for non-confidential chemical identities).
     Basis for the SNUR.
     Potentially Useful Information.
     CFR citation assigned in the regulatory text section of
these proposed rules.
    The regulatory text section of this document specifies the
activities designated as significant new uses. Certain new uses,
including production volume limits and other uses designated in the
proposed rules, may be claimed as CBI.
    The chemical substances that are the subject of these proposed
SNURs are undergoing premanufacture review. In addition to those
conditions of use intended by the submitter, EPA has identified certain
other reasonably foreseen conditions of use. EPA has preliminarily
determined that the chemicals under their intended conditions of use
are not likely to present an unreasonable risk. However, EPA has not
assessed risks associated with the reasonably foreseen conditions of
use for these chemicals. EPA is proposing to designate these reasonably
foreseen conditions of use and other circumstances of use as
significant new uses. As a result, those significant new uses cannot
occur without first going through a separate, subsequent EPA review and
determination process associated with a SNUN.
    The substances subject to these proposed rules are as follows:

PMN Number: P-16-313

    Chemical name: Tar acids (shale oil), C6-9 fraction, alkyl phenols,
low boiling.
    CAS number: 1887000-93-2.
    Basis for action: The PMN states that the use of the substance will
be as a raw material in the production of resins. Based on the
physical/chemical properties of the PMN substance, test data on the PMN
substance, and Structure Activity Relationships (SAR) analysis of
analogous substances, EPA has identified concerns for acute toxicity,
aquatic toxicity, reproductive toxicity, skin corrosion, skin
sensitization, and specific target organ toxicity if the chemical is
not used following the limitations noted. This proposed SNUR designates
the following as ``significant new uses'' requiring further review by
EPA:
     Release of the PMN substance resulting in surface water
concentrations that exceed 14 ppb.
    Potentially useful information: EPA has determined that certain
information about the health effects of the PMN substance may be
potentially useful to characterize the effects of the PMN substance if
a manufacturer or processor is considering submitting a SNUN for a
significant new use that would be designated by this proposed SNUR. EPA
has determined that the results of specific target organ toxicity
testing would help characterize the potential health effects of the PMN
substance.
    CFR citation: 40 CFR 721.11507.

PMN Number: P-17-333

    Chemical name: 2-Propenoic acid, mixed esters with heterocyclic
dimethanol and heterocyclic methanol (generic).
    CAS number: Not available.
    Basis for action: The PMN states that the use of the substance will
be as a reactive diluent for optical film coating. Based on test data
on the PMN substance and SAR analysis of analogous substances, EPA has
identified concerns for aquatic toxicity, reproductive toxicity,
respiratory sensitization, skin sensitization, and specific target
organ toxicity if the chemical is not used following the limitations
noted. This proposed SNUR designates the following as ``significant new
uses'' requiring further review by EPA:
     Release of the PMN substance resulting in surface water
concentrations that exceed 1 ppb.
    Potentially useful information: EPA has determined that certain
information about the environmental and health effects of the PMN
substance may be potentially useful to characterize the effects of the
PMN substance if a manufacturer or processor is considering submitting
a SNUN for a significant new use that would be designated by this
proposed SNUR. EPA has determined that the results of aquatic toxicity,
developmental toxicity, reproductive toxicity, and specific target
organ toxicity testing would help characterize the potential
environmental and health effects of the PMN substance.
    CFR citation: 40 CFR 721.11508

PMN Number: P-18-320

    Chemical name: Alkane, diisocyanato-(isocyanatoalkyl)-(generic).
    CAS number: Not available.

    Basis for action: The PMN states that the generic use of the
substance will be as a hardener. Based on the physical/chemical
properties of the PMN substance and data on the PMN substance and
structurally analogous chemical substances, EPA has identified concerns
for respiratory sensitization, serious eye damage, skin irritation,
skin sensitization, and specific target organ toxicity if the chemical
is not used following the limitations noted. This proposed SNUR
designates the following as ``significant new uses'' requiring further
review by EPA:
     Use without personal protective equipment to prevent
dermal exposure where there is a potential for dermal exposure and a
National Institute for Occupational Safety and Health certified
respirator with an Assigned Protection Factor of at least 1,000 where
there is a potential for inhalation exposures.
     Use of the PMN substance in a consumer product.
    Potentially useful information: EPA has determined that certain
information about the fate properties of the PMN substance may be
potentially useful to characterize the effects of the PMN substance if
a manufacturer or processor is considering submitting a SNUN for a
significant new use that would be designated by this proposed SNUR. EPA
has determined that fate data and information that would inform the
understanding of the hydrolysis at different concentrations would help
characterize the health and environmental effects of the PMN substance.
    CFR citation: 40 CFR 721.11509.

PMN Number: P-18-363

    Chemical name: Phenol, polymer with formaldehyde, 5-methyl-1,3-
benzenediol-terminated, sodium salts (generic).
    CAS number: Not available.
    Basis for action: The PMN states that the generic use of the
substance will be as an adhesive. Based on SAR analysis of test data on
analogous substances, EPA has identified concerns for aquatic toxicity,
eye irritation, serious eye damage, and skin irritation/corrosion if
the chemical is not used following the limitations noted. This proposed
SNUR designates the following as ``significant new uses'' requiring
further review by EPA:
     Release of the PMN substance resulting in surface water
concentrations that exceed 4 ppb.
    Potentially useful information: EPA has determined that certain
information about the environmental and health effects of the PMN
substance may be potentially useful to characterize the effects of the
PMN substance if a manufacturer or processor is considering submitting
a SNUN for a significant new use that would be designated by this
proposed SNUR. EPA has determined that the results of aquatic toxicity,
skin irritation/corrosion, and eye damage testing would help
characterize the potential environmental and health effects of the PMN
substance.
    CFR citation: 40 CFR 721.11510.

PMN Number: P-20-15

    Chemical name: N-Alkyl heteromonocyclic diphenolamide, polymer with
bisphenol A, haloaryl-substituted sulfone, compd. with cyclic sulfonate
ester, polyaryl alcohol terminated (generic).
    CAS number: Not available.
    Basis for action: The PMN states that the use of the substance will
be as a polymer in the manufacture of hollow fiber products. Based on
the physical/chemical properties of the PMN substance and SAR analysis
of test data on analogous substances, EPA has identified concerns for
specific target organ toxicity if the chemical is not used following
the limitations noted. This proposed SNUR designates the following as
``significant new uses'' requiring further review by EPA:
     Manufacture beyond the confidential annual production
volume specified in the PMN.
     Use other than as a polymer in the manufacture of hollow
fiber membrane products.
    Potentially useful information: EPA has determined that certain
information about the health effects of the PMN substance may be
potentially useful to characterize the effects of the PMN substance if
a manufacturer or processor is considering submitting a SNUN for a
significant new use that would be designated by this proposed SNUR. EPA
has determined that the results of pulmonary effects (polymer lung
overload) testing would help characterize the potential health effects
of the PMN substance.
    CFR citation: 40 CFR 721.11511.

PMN Number: P-20-38

    Chemical name: 1,3,5-Triazine-2,4,6(1H,3H,5H)-trione, 1,3,5-tris[3-
(2-oxiranyl)propyl]-.
    CAS number: 91403-64-4.
    Basis for action: The PMN states that the use of the substance will
be as a resist compound for semiconductor manufacture. Based on the
physical/chemical properties of the PMN substance and SAR analysis of
test data on analogous substances, EPA has identified concerns for
acute toxicity, aquatic toxicity, eye irritation, gene cell
mutagenicity, reproductive toxicity, respiratory sensitization, skin
irritation, skin sensitization, and specific target organ toxicity if
the chemical is not used following the limitations noted. This proposed
SNUR designates the following as ``significant new uses'' requiring
further review by EPA:
     Manufacture, process, or use the PMN substance in any
manner that results in inhalation exposure.
     Release of the PMN substance resulting in surface water
concentrations that exceed 5 ppb.
    Potentially useful information: EPA has determined that certain
information about the environmental and health effects of the PMN
substance may be potentially useful to characterize the effects of the
PMN substance if a manufacturer or processor is considering submitting
a SNUN for a significant new use that would be designated by this
proposed SNUR. EPA has determined that the results of aquatic toxicity,
developmental toxicity, neurotoxicity, and reproductive toxicity
testing would help characterize the potential environmental and health
effects of the PMN substance.
    CFR citation: 40 CFR 721.11512.

PMN Number: P-20-40

    Chemical name: 2-Propenoic acid, cycloalkyl ester (generic).
    CAS number: Not available.
    Basis for action: The PMN states that the generic use of the
substance will be as an additive for use in inks, coatings, adhesives
and sealants. Based on the physical/chemical properties of the PMN
substance and SAR analysis of test data on analogous substances, EPA
has identified concerns for aquatic toxicity, aspiration hazard,
reproductive toxicity, skin sensitization, and specific target organ
toxicity if the chemical is not used following the limitations noted.
This proposed SNUR designates the following as ``significant new uses''
requiring further review by EPA:
     Release of the PMN substance resulting in surface water
concentrations that exceed 7 ppb.
    Potentially useful information: EPA has determined that certain
information about the environmental and health effects of the PMN
substance may be potentially useful to characterize the effects of the
PMN substance if a manufacturer or processor is considering submitting
a SNUN for a significant new use that would be designated by this
proposed SNUR. EPA has determined that the results of aquatic toxicity,
developmental toxicity, reproductive toxicity, skin sensitization,

and specific target organ toxicity testing would help characterize the
potential environmental and health effects of the PMN substance.
    CFR citation: 40 CFR 721.11513.

V. Rationale and Objectives of the Proposed Rule

A. Rationale

    During review of the PMNs submitted for the chemical substances
that are the subject of these proposed SNURs and as further discussed
in Unit IV., EPA identified certain other reasonably foreseen
conditions of use, in addition to those conditions of use intended by
the submitter. EPA has preliminarily determined that the chemical under
the intended conditions of use is not likely to present an unreasonable
risk. However, EPA has not assessed risks associated with the
reasonably foreseen conditions of use. EPA is proposing to designate
these conditions of use as well as certain other circumstances of use
as significant new uses. As a result, those significant new uses cannot
occur without going through a separate, subsequent EPA review and
determination process associated with a SNUN.

B. Objectives

    EPA is proposing these SNURs because the Agency wants:
     To 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.
     To be obligated to make a determination under TSCA section
5(a)(3) regarding the use described in the SNUN, under the conditions
of use. The Agency will either determine under TSCA section 5(a)(3)(C)
that chemical, under the conditions of use, is not likely to present an
unreasonable risk, including an unreasonable risk to a potentially
exposed or susceptible subpopulation identified as relevant by the
Administrator under the conditions of use, or make a determination
under TSCA section 5(a)(3)(A) or (B) and take the required regulatory
action associated with the determination, before manufacture or
processing for the significant new use of the chemical substance can
occur.
     To be able to complete its review and determination on
each of the PMN substances, while deferring analysis on the significant
new uses proposed in these rules unless and until the Agency receives a
SNUN.
    Issuance of a proposed SNUR for a chemical substance does not
signify that the chemical substance is listed on the TSCA Inventory.
Guidance on how to determine if a chemical substance is on the TSCA
Inventory is available on the internet at https://www.epa.gov/tsca-inventory.

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

    To establish a significant new use, EPA must determine that the use
is not ongoing. The chemical substances subject to this proposed rule
were undergoing premanufacture review at the time of signature of this
proposed rule and were not on the TSCA Inventory. In cases where EPA
has not received a notice of commencement (NOC) and the chemical
substance has not been added to the TSCA Inventory, no person may
commence such activities without first submitting a PMN. Therefore, for
the chemical substances subject to these proposed SNURs, EPA concludes
that the proposed significant new uses are not ongoing.
    EPA designates July 6, 2020 (date of web posting of this proposed
rule) as the cutoff date for determining whether the new use is
ongoing. The objective of EPA's approach is to ensure that a person
cannot defeat a SNUR by initiating a significant new use before the
effective date of the final rule.
    Persons who begin commercial manufacture or processing of the
chemical substances for a significant new use identified on or after
that date would have to cease any such activity upon the effective date
of the final rule. To resume their activities, these persons would have
to first comply with all applicable SNUR notification requirements and
EPA would have to take action under TSCA section 5 allowing manufacture
or processing to proceed. In developing this proposed rule, EPA has
recognized that, given EPA's general practice of posting proposed rules
on its website a week or more in advance of Federal Register
publication, this objective could be thwarted even before Federal
Register publication of the proposed rule.

VII. Development and Submission of Information

    EPA recognizes that TSCA section 5 does not require development of
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 (15 U.S.C. 2603), then TSCA
section 5(b)(1)(A) (15 U.S.C. 2604(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 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. Unit IV. lists potentially
useful information for all SNURs listed here. Descriptions are provided
for informational purposes. The potentially useful information
identified in Unit IV. will be useful to EPA's evaluation in the event
that someone submits a SNUN for the significant new use. Companies who
are considering submitting a SNUN are encouraged, but not required, to
develop the 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 pertaining to protocol selection. Furthermore,
pursuant to TSCA section 4(h), which pertains to reduction of testing
in vertebrate animals, EPA encourages consultation 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 dialog 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 described in Unit IV. may not be
the only means of providing information to evaluate the chemical
substance associated with the significant new uses. However, submitting
a SNUN without any test data may increase the likelihood that EPA will
take action under TSCA sections 5(e) or 5(f). 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.

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, 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 40 CFR 721.25. 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. EPA's complete economic
analysis is available in the docket under docket ID number EPA-HQ-OPPT-
2020-0303.

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 action proposes to establish SNURs for new chemical substances
that were the subject of PMNs. The Office of Management and Budget
(OMB) has exempted these types of actions from review under Executive
Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011).

B. Paperwork Reduction Act (PRA)

    According to the 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.
    The information collection requirements related to this action have
already been approved by OMB pursuant to PRA and assigned 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,
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.

C. Regulatory Flexibility Act (RFA)

    Pursuant to section 605(b) of the RFA, 5 U.S.C. 601 et seq., the
Agency hereby certifies that promulgation of this action will 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 the final rule as a ``significant new use.''
Because these uses are ``new,'' based on all information currently
available to EPA, EPA has concluded 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.
Although some small entities may decide to pursue a significant new use
in the future, EPA cannot presently determine how many, if any, there
may be. However, 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, EPA
received 7 SNUNs in Federal fiscal year (FY) 2013, 13 in FY2014, 6 in
FY2015, 12 in FY2016, 13 in FY2017, and 11 in FY2018, only a fraction
of these SNUNs 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 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.

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 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. 1531-1538 et seq.).

E. Executive Order 13132: Federalism

    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 (64 FR 43255,
August 10, 1999).

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

    This action will not have Tribal implications because it is not
expected to have substantial direct effects on Indian Tribes; will not
significantly or 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
(65 FR 67249, November 9, 2000), do not apply to this action.

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

    This action 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.

H. 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.

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: 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: June 30, 2020.
Tala Henry,
Deputy Director, Office of Pollution Prevention and Toxics.

    Therefore, it is proposed that 40 CFR part 721 is 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. Add Sec. Sec.  721.11507 through 721.11513 to subpart E to read as
follows:

Subpart E--Significant New Uses for Specific Chemical Substances

Sec.
* * * * *
721.11507 Tar acids (shale oil), C6-9 fraction, alkyl phenols, low
boiling.
721.11508 2-Propenoic acid, mixed esters with heterocyclic
dimethanol and heterocyclic methanol (generic).
721.11509 Alkane, diisocyanato-(isocyanatoalkyl)- (generic).
721.11510 Phenol, polymer with formaldehyde, 5-methyl-1,3-
benzenediol-terminated, sodium salts (generic).
721.11511 N-Alkyl heteromonocyclic diphenolamide, polymer with
bisphenol A, haloaryl-substituted sulfone, compd. with cyclic
sulfonate ester, polyaryl alcohol terminated (generic).
721.11512 1,3,5-Triazine-2,4,6(1H,3H,5H)-trione, 1,3,5-tris[3-(2-
oxiranyl)propyl]-.
721.11513 2-Propenoic acid, cycloalkyl ester (generic).
* * * * *

Sec.  721.11507   Tar acids (shale oil), C6-9 fraction, alkyl phenols,
low boiling.

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as tar acids (shale
oil), C6-9 fraction, alkyl phenols, low boiling (PMN P-16-313, CAS No.
1887000-93-2) is subject to reporting under this section for the
significant new uses described in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N = 14.
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c), and (k) are applicable to manufacturers and
processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

Sec.  721.11508   2-Propenoic acid, mixed esters with heterocyclic
dimethanol and heterocyclic methanol (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance generically identified as 2-
propenoic acid, mixed esters with heterocyclic dimethanol and
heterocyclic methanol (PMN P-17-333) is subject to reporting under this
section for the significant new uses described in paragraph (a)(2) of
this section.
    (2) The significant new uses are:
    (i) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N = 1.
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c) and (k) are applicable to manufacturers and
processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

Sec.  721.11509   Alkane, diisocyanato-(isocyanatoalkyl)- (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance generically identified as alkane,
diisocyanato-(isocyanatoalkyl)- (PMN P-18-320) is subject to reporting
under this section for the significant new uses described in paragraph
(a)(2) of this section.
    (2) The significant new uses are:
    (i) Workplace protection. Requirements as specified in Sec.
721.63(a)(1) and (3) through (6), and (c). When determining which
persons are reasonably likely to be exposed as required for Sec.
721.63(a)(1) and (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 (NIOSH)
assigned protection factor (APF) of at least 1000. For purposes of
Sec.  721.63(a)(6), particulate (including solids or liquid droplets).
    (ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(o).
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (e), (i), and (k) are applicable to manufacturers
and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

Sec.  721.11510  Phenol, polymer with formaldehyde, 5-methyl-1,3-
benzenediol-terminated, sodium salts (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance generically identified as phenol,
polymer with formaldehyde, 5-methyl-1,3-benzenediol-terminated, sodium
salts (generic) (PMN P-18-363) is subject to reporting under this
section for the significant new uses described in paragraph (a)(2) of
this section.
    (2) The significant new uses are:
    (i) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N = 4.
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).

    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c), and (k) are applicable to manufacturers and
processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

Sec.  721.11511  N-Alkyl heteromonocyclic diphenolamide, polymer with
bisphenol A, haloaryl-substituted sulfone, compd. with cyclic sulfonate
ester, polyaryl alcohol terminated (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance generically identified as N-Alkyl
heteromonocyclic diphenolamide, polymer with bisphenol A, haloaryl-
substituted sulfone, compd. with cyclic sulfonate ester, polyaryl
alcohol terminated (PMN P-20-15) is subject to reporting under this
section for the significant new uses described in paragraph (a)(2) of
this section.
    (2) The significant new uses are:
    (i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(s). It is a significant new use to use the
PMN substance for other than as a polymer in the manufacture of hollow
fiber membrane products.
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c), and (i) are applicable to manufacturers and
processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.
    (3) Determining whether a specific use is subject to this section.
The provisions of Sec.  721.1725(b)(1) apply to paragraph (a)(2)(ii) of
this section.

Sec.  721.11512  1,3,5-Triazine-2,4,6(1H,3H,5H)-trione, 1,3,5-tris[3-
(2-oxiranyl)propyl]-.

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as 1,3,5-triazine-
2,4,6(1H,3H,5H)-trione, 1,3,5-tris[3-(2-oxiranyl)propyl]- (PMN P-20-38,
CAS No. 91403-64-4) is subject to reporting under this section for the
significant new uses described in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Industrial, commercial, and consumer activities. It is a
significant new use to manufacture, process, or use the PMN substance
in any manner that results in inhalation exposure.
    (ii) Release to water. Requirements as specified in Sec.  721.90
(a)(4), (b)(4), and (c)(4) where N = 5.
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125 (a) through (c), (i), and (k).
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

Sec.  721.11513  2-Propenoic acid, cycloalkyl ester (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance generically identified as 2-
Propenoic acid, cycloalkyl ester (PMN P-20-40) is subject to reporting
under this section for the significant new uses described in paragraph
(a)(2) of this section.
    (2) The significant new uses are:
    (i) Release to water. Requirements as specified in Sec.  721.90
(a)(4), (b)(4), and (c)(4) where N = 7.
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125 (a) through (c), and (k) are applicable to manufacturers and
processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

[FR Doc. 2020-15017 Filed 7-20-20; 8:45 am]
BILLING CODE 6560-50-P


1 Key Components of Delaware/ New Jersey Rule Proposal was signed March 10, 2005   Final is synchronized with CAIR FIP NC section 126 Petition NFR Component Proposal Final Action Finding of Significant Contribution for PM2.5 PM2.5   Both DE and NJ were found to make a significant contribution to PM2.5 downwind nonattainment

Ozone   NFR does not alter earlier finding of significant contribution for ozone. Same as proposed Remedy State Flexibility   both DE and NJ retain flexibility to achieve mandated annual SO2 and NOx emission reductions.

Model Cap and Trade Rule   the model cap and trade rules are not addressed in this rulemaking. Same as proposed Synchronization with other CAIR PM2.5 States Deadlines for SIP submittal and program implementation are synchronized with other CAIR PM2.5 States. Same as proposed Key Components of Final CAIR FIP and Response to NC Section 126 Petition Proposal was signed August 1, 2005   Final must be signed March 15, 2006 ( consent decree deadline for response to section 126 petition)

Component Proposal Final Action Response to NC section 126 petition Ozone portion of petition   proposed to deny because no States contribute significantly to ozone nonattainment in NC ( all areas in NC are projected to be in attainment for ozone in CAIR baseline)

PM2.5 portion of petition   proposed to deny if CAIR FIPs promulgated by March 15 ( CAIR implementation will remove the significant contribution that is the basis for the petition); else proposed to grant for 10 States contributing significantly to NC nonattainment ( and deny for 2 States not contributing significantly to PM2.5 nonattainment) Ozone portion of petition

denied ( same as proposed)

PM2.5 portion of petition

denied because FIPs will be promulgated March 15 CAIR federal implementation plans ( FIP) Coverage  all 28 States and DC covered by CAIR ( including DE and NJ for PM2.5 per rulemaking to be signed same day as FIP rule)

Mechanism  CAIR emission reductions will be achieved by requiring large electric generating units ( EGU) to participate in regionwide emissions cap and trade programs that are the same as the CAIR SIP model trading programs as revised ( see below for revisions):

 SO2 annual, NOx annual, NOx ozone season trading programs Withdrawal  EPA will withdraw FIPs in coordination with SIP approvals; EPA won't take any steps to implement FIPs that could impact States' ability to regulate their sources in a different manner until a year after CAIR SIP deadline Same as proposed Elements of FIP cap

andtrade programs Applicability   large EGUs same as in CAIR SIP model rules as revised ( see below for revisions)

Caps and budgets  regionwide caps and State emission budgets same as CAIR NOx allocations   heat input based and adjusted for fuel type same as example method in CAIR SIP model rules; EPA will determine NOx allocations but will wait to record them in source accounts to give States chance to allocate if they choose Same as proposed ( with minor change to NOx allocation method for certain cogeneration units) 2 SO2 allocations   based on title IV allocations which are already allocated to sources in perpetuity same as in CAIR SIP model rules Opt in provisions for non EGUs   FIPs do not automatically include opt in provisions but a State can use an abbreviated SIP revision ( see below) to provide for units to opt into FIP programs in its State NOx SIP Call trading sources that don't meet CAIR applicability   a State can use an abbreviated SIP revision ( see below) to bring this group of sources into the FIP NOx ozone season trading program in its State Abbreviated SIP revisions FIPs include provisions for States to submit abbreviated SIP revisions in order to control any of four key elements of the FIP trading programs:

1. NOx allocations ( annual and/ or ozone season)

2. Distribution of NOx annual compliance supplement pool allowances 3. Whether to include opt in provisions 4. Whether to bring NOx SIP Call trading sources that don't meet CAIR applicability into FIP NOx ozone season trading program Same as proposed ( with minor revisions to clarify provisions)

CAIR reconsideration process: in response to a petition for reconsideration, we proposed in the FIP/ 126 NPR to exempt incinerators from SIP rules and proposed same exemption for FIP trading programs Revisions of the CAIR state implementation plan ( SIP) rule and model trading rules Applicability   proposed to clarify definition of EGU: in addition to exempting incinerators ( see above) we also exempted units that haven't served a generator since before Nov 15, 1990; proposed FIP rules are same Other revisions   clarify SO2 emissions penalty provisions; clarify certain other provisions and correct minor errors; proposed FIP rules are same Same as proposed ( with minor additional clarifications)

Revisions of the Acid Rain Program regulations Minor changes to clarify certain provisions and streamline requirements Same as proposed


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AIR, PESTICIDES & TOXICS MANAGEMENT DIVISION 61 Forsyth St., S. W. Atlanta, Georgia 30303 Fax Number: 404/ 562 9095 Electronic Transmission MEMORANDUM DATE: October 19, 1999 SUBJ: Initial EPA Comments on SCE& G's McMeekin Station FROM: Scott Miller, Environmental Engineer Operating Source Section, ARTB TO: Mr. Matt Wike South Carolina Department of Health and Environmental Control cc: Mr. Robert Brown, Permit Manager South Carolina Department of Health and Environmental Control Below are initial comments from EPA Region 4 on the above referenced source. Our comments are divided into two categories: 1) Significant Comments and 2) General Comments. Significant comments are defined as those comments that would trigger an objection under 40 CFR Part 70. Given that we have several significant comments on this permit, which was originally submitted as a draft/ proposed permit, EPA no longer considers the permit eligible for parallel review. Please contact me at your convenience in order that we may seek to resolve these issues prior to your submittal of a proposed permit for this source. You may reach me at ( 404) 562 9120. Thank you for your attention to this matter.

Significant Comments 1. The periodic monitoring for particulate matter from the electric utility boilers in permit condition 6. B. 1 on page 22 is inadequate. The only monitoring is an annual stack test. This monitoring is not frequent enough since the sources can not in good faith certify compliance with the particulate matter standard for all times during the year. EPA understands that the utility companies desire to have the same monitoring requirements in their title V permits in South Carolina as they do in North Carolina. It should be noted that although the North Carolina electric utility permits were initially issued with this annual test requirement, these same North Carolina permits have been rescinded, and EPA has informed North Carolina that the monitoring requirements must be changed. EPA maintains that once a year monitoring is not adequate, and EPA does not plan on approving this level of monitoring in any state in Region 4. One approach that the State may want to consider is the use of continuous opacity monitoring data to show compliance with the particulate emission standard. The condition given below is one acceptable way for the State to implement periodic monitoring at the utilities to show compliance with the relevant particulate emission rate:

" Pursuant to Regulation 401 KAR 50: 035, Section 7( 1)( c), to meet the periodic monitoring requirement for particulate, the permittee shall use a continuous opacity monitor ( COM). Excluding the startup, shutdown, and once per hour exemption periods, if any six minute average opacity value exceeds the opacity standard, the permittee shall, as appropriate, initiate an inspection of the control equipment and/ or the COM system and make the necessary repairs. If five ( 5) percent or greater of COM data ( excluding startup, shutdown, and malfunction periods, data averaged over six minute period) recorded in a calendar quarter show excursions above the opacity standard, the permittee shall perform a stack test in the following calendar quarter to demonstrate compliance with the particulate standard while operating at representative conditions. The permittee shall submit a compliance test protocol as required by condition Section G( a)( 20) of this permit before conducting the test. The Division may waive this testing requirement upon a demonstration that the cause( s) of the excursions has been corrected, or may require stack tests at any time pursuant to Regulation 401 KAR 50: 045, Performance tests."

The Region's comments on this approach are attached to this letter.

Another similar approach accepted by the Region for facilities that do not generally operate near the allowable particulate emission rate is as follows:

E6. The particulate emissions from this fuel burning installation shall not exceed 0.105 pounds per million Btu of heat input as specified in Paragraph 1200 3 6. 02( 1) of the Tennessee Air Pollution Control Regulations ( TAPCR).

Compliance Method: Monitoring of this fuelburning source for compliance with the applicable particulate emissions limitations shall be conducted by stack testing in accordance with 40 CFR60, Appendix A, Method 17. This testing shall be performed on a biennial basis and a particulate source test report shall be filed with the Technical Secretary within 60 days after completion of the testing. The source test shall be conducted in accordance with specifications for source sampling given in Chapter 1200 3 12 of the Tennessee Air Pollution Control Regulations. The continuous in stack opacity monitor( s) shall be fully operational prior to and during this compliance testing. The opacity data generated during this compliance testing shall be incorporated into the test report.

Ten ( 10) days prior to conducting the source test, the permittee shall provide notice of such test of the Technical Secretary to afford him the opportunity to have an observer present.

Should atmospheric sulfates ever become an issue, the Division will reassess the applicability of the test procedure as it relates to this issue. This is per the October 25, 1977 letter to Dr. Peter A. Krenkel, P. E.

Compliance with condition E8 of the permit shall be used as an indicator to determine whether compliance with this condition should be confirmed with a Method 17 test. Within sixty ( 60) days of an exceedance of the de minimis criteria specified in condition E8, the facility will conduct a Method 17 test.

TAPCR 1200 3 9. 02( 11)( e) 1.( iii)

E8. The visible emissions from each stack of this fuel burning installation shall not exceed twenty ( 20) percent opacity except for one  six ( 6) minute period per one ( 1) hour of not more than forty ( 40) percent opacity as specified in Paragraph 1200 3 5. 01( 1) of the Tennessee Air Pollution Control Regulations.

Compliance Method: Consistent with the provisions of Paragraph 1200 3 5. 03( 5) of the Regulations, compliance with the applicable visible emissions standards shall be determined from data generated by the opacity monitoring system, provided the quality assurance and operational availability requirements set forth in this permit are met.

Consistent with the provisions of Rule 1200 3 20. 06 of the Tennessee Air Pollution Control Regulations, no notice of violation shall be automatically issued for periods of visible emissions from this fuel burning installation that are in excess of the applicable visible emission standard so long as the total amount of time that the fuel burning installation is exceeding the applicable visible emission standard ( excluding periods of permitted startup, permitted shutdown, or malfunction and periods when the fuel burning installation is not operating) is not in excess of two ( 2) percent of the total amount of time in a calendar quarter. This exemption is applicable provided that good operational and maintenance practices are utilized for both the fuel burning equipment and the associated air pollution control equipment, the required ninety five ( 95) percent operational availability of the opacity monitoring system is maintained, and that no more than one exceedance of greater than twenty four ( 24) hours duration occurs per calendar year.

Written responses to the quarterly reports of excess emissions shall constitute prima facie evidence of compliance with the applicable visible emission standard. For purposes of annual certification of compliance with the applicable visible emissions condition, the acceptance, by the Division, of the quarterly reports of excess emissions shall be the basis of said certification.

TAPCR 1200 3 20. 06 2. In Table 6.1 Monitoring and Reporting, the facility is required to make one annual visible emissions inspection to demonstrate compliance with 20% and 40% opacity regulations for emission unit 05 ( the coal handling system). The Region believes that more frequent periodic monitoring is necessary to determine the compliance status of the coal handling system with applicable opacity standards. One acceptable approach to periodic monitoring for the facility in determining compliance with the opacity standard:

" The facility shall do a qualitative emissions evaluation on a daily basis for those emission sources controlled by a control device ( i. e. baghouse). Should the observer see visible emissions, the emissions observer must perform an EPA Method 9 reading and log the results of such a reading. For emission units that are uncontrolled, the facility will conduct an annual EPA Method 9 reading to determine compliance with the applicable opacity standard."

2. The heat input of " 9,482,744 mmBtu" indicated under section 2 of the Phase II permit for the McMeekin Station, unit " MCM2" does not match the heat input indicated on the Phase II NOx Averaging Plan submitted by South Carolina Electric and Gas. The permit should be revised to reflect the appropriate heat input limit.

General 1. Permit condition 6. B. 10 on page 25 should be updated to clarify that the continuous opacity monitoring system data is being used to satisfy the opacity periodic monitoring requirement under title V of the Clean Air Act to demonstrate compliance with the applicable opacity limit of 40%. The title V permit should be clear on this point since the language in permit condition 6. B. 10 may give one the mistaken belief that compliance with the 40% opacity standard will be determined based on an annual Method 9 test. One way to effect such a clarification would be to add the following language to permit condition 6. B. 10:

" The data generated by the COMS is the periodic monitoring method chosen to assure compliance with the 40% opacity standard."

2. Permit condition 6. B. 3 on page 23 should be updated to clarify that the quarterly continuous emissions monitoring report for sulfur dioxide is to be based on the CEMS data except when the CEMS data is not available. When the CEMS data is not available, fuel sampling analysis would serve as an acceptable substitute during CEMS unavailability.

3. The Btu weighted annual emission rate and the Btu weighted annual average emission rate indicated on the Phase II NOx Averaging plan submitted by South Carolina Electric and Gas Company should be rounded to the nearest one hundredth.

4. Please note that a new NOx compliance Plan must be submitted when an acid rain permit renewal application is due ( see, " Acid Rain Program, Instructions for Phase II NOx Compliance Plan ( 40 CFR 76.9)") . The Acid Rain Permit for McMeekin Station expires on December 31, 2002. It should be noted that although the NOx emissions averaging plan submitted by South Carolina Electric and Gas is being approved for 2000 through 2004, as indicated under condition 2, " NOx Limit," the source will need to renew their application prior to the expiration of the Phase II permit.

5. Any Phase II NOx Compliance Plans and Averaging Plans attached to the proposed phase II permits for these sources should be clearly identified under Section 4 of the proposed permits as enforceable parts of the Phase II permits ( e. g., " The acid rain permit application ( dated   /   /   ) , Phase II NOx Compliance Plan ( dated   /   /   ) and the Phase II NOx Averaging Plan ( dated   /   /   ) are incorporate into the permit and constitute enforceable parts of the permit).


[Federal Register Volume 84, Number 211 (Thursday, October 31, 2019)]
[Notices]
[Page 58379]
[FR Doc No: 2019-23695]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2490-030]

Notice of Intent To File License Application, Filing of Pre-
Application Document, and Approving Use of the Traditional Licensing
Process: Green Mountain Power Corporation

    a. Type of Filing: Notice of Intent to File License Application and
Request to Use the Traditional Licensing Process.
    b. Project No.: 2490-030.
    c. Date Filed: August 28, 2019.
    d. Submitted By: Green Mountain Power Corporation (Green Mountain).
    e. Name of Project: Taftsville Hydroelectric Project.
    f. Location: On the Ottauquechee River in the Village of
Taftsville, in Windsor County, Vermont. No federal lands are occupied
by the project works or located within the project boundary.
    g. Filed Pursuant to: 18 CFR 5.3 and 5.5 of the Commission's
regulations.
    h. Potential Applicant Contact: John Greenan, Green Mountain Power
Corporation, 2152 Post Road, Rutland, VT 05701;<PHONE_NUMBER>; email
at<EMAIL_ADDRESS>    i. FERC Contact: Erin Kimsey at<PHONE_NUMBER>; or email at
<EMAIL_ADDRESS>    j. Green Mountain filed its request to use the Traditional
Licensing Process on August 28, 2019, and provided public notice of the
request on August 23, 2019. In a letter dated October 24, 2019, the
Director of the Division of Hydropower Licensing approved Green
Mountain's request to use the Traditional Licensing Process.
    k. With this notice, we are initiating informal consultation with
the U.S. Fish and Wildlife Service and NOAA Fisheries under section 7
of the Endangered Species Act and the joint agency regulations
thereunder at 50 CFR part 402; and NOAA Fisheries under section 305(b)
of the Magnuson-Stevens Fishery Conservation and Management Act and
implementing regulations at 50 CFR 600.920. We are also initiating
consultation with the Vermont State Historic Preservation Officer, as
required by section 106 of the National Historic Preservation Act, and
the implementing regulations of the Advisory Council on Historic
Preservation at 36 CFR 800.2.
    l. With this notice, we are designating Green Mountain as the
Commission's non-federal representative for carrying out informal
consultation pursuant to section 7 of the Endangered Species Act; and
consultation pursuant to section 106 of the National Historic
Preservation Act.
    m. Green Mountain filed a Pre-Application Document (PAD; including
a proposed process plan and schedule) with the Commission, pursuant to
18 CFR 5.6 of the Commission's regulations.
    n. A copy of the PAD is available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's website
(http://www.ferc.gov), using the eLibrary link. Enter the docket
number, excluding the last three digits in the docket number field to
access the document. For assistance, contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). A copy is also available for inspection and reproduction at
the address in paragraph h.
    o. The licensee states its unequivocal intent to submit an
application for a subsequent license for Project No. 2490. Pursuant to
18 CFR 16.20, each application for a subsequent license and any
competing license applications must be filed with the Commission at
least 24 months prior to the expiration of the existing license. All
applications for license for this project must be filed by August 31,
2022.
    p. Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.

    Dated: October 24, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-23695 Filed 10-30-19; 8:45 am]
 BILLING CODE 6717-01-P