[Federal Register: April 22, 2008 (Volume 73, Number 78)]
[Rules and Regulations]
[Page 21540-21546]
[DOCID:fr22ap08-8]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2007-0185; FRL-8555-5]

Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Incorporation of On-Board Diagnostic Testing and Other
Amendments to the Motor Vehicle Emission Inspection Program for the
Northern Virginia Program Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is approving three State Implementation Plan (SIP)
revisions submitted by the Commonwealth of Virginia. These revisions
pertain to the Commonwealth's motor vehicle inspection and maintenance
(I/M) program for the Northern Virginia area that was previously SIP-
approved by EPA. These three SIP revisions incorporate changes made by
the Commonwealth to the I/M program since EPA last approved the I/M
program as part of the SIP in 2002. The most significant change to the
program is the incorporation of on-board diagnostic computer checks of
1996-and-newer model year vehicles as an element of the emission
inspection process for the Northern Virginia program area. In addition,
Virginia made numerous minor changes to the program, including several
changes to test procedures and standards, as well as changes to its
roadside testing regimen. The I/M program helps to ensure that highway
motor vehicles operate as cleanly as possible, by requiring vehicles to
be periodically tested and by identifying vehicles having high
emissions due to malfunctioning emission control systems. Such vehicles
must then be repaired and retested by their owners, to the standards
set by the Commonwealth's program. Vehicle I/M programs address
nitrogen oxide and volatile organic compound emissions, both of which
are precursors to formation of ground level ozone pollution, as well as
the pollutant carbon monoxide. This action is being taken under the
Clean Air Act (CAA).

DATES: Effective Date: This final rule is effective on May 22, 2008.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2007-0185. All documents in the docket are listed in
the http://www.regulations.gov Web site. Although listed in the
electronic docket, some information is not publicly available, i.e.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through http://
www.regulations.gov or in hard copy for public inspection during normal
business hours at the Air Protection Division, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. Copies of the State submittal are available at the
Virginia Department of Environmental Quality, 629 East Main Street,
Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Brian Rehn,<PHONE_NUMBER>, or by e-
mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On February 12, 2008 (73 FR 8018), EPA published a notice of
proposed rulemaking (NPR) for the Commonwealth of Virginia. The NPR
proposed approval of three separate revisions made by Virginia to its
prior, SIP-approved motor vehicle inspection and maintenance program.
These three formal SIP revisions were submitted by Virginia on December
18, 2002, April 2, 2003, and June 18, 2007, respectively.
    The Northern Virginia I/M program area is comprised of the
following localities: The counties of Arlington, Fairfax, Loudoun,
Prince William, and Stafford; and the cities of Alexandria, Fairfax,
Falls Church, Manassas, and Manassas Park. It is designated by EPA as a
moderate 8-hour ozone nonattainment area. The Commonwealth's revised I/
M program satisfies federal requirements under sections 182 and 184 of
the Clean Air

Act applicable to enhanced I/M programs.

II. Summary of SIP Revision

    The Commonwealth's December 2002, April 2003, and June 2007 I/M SIP
revisions latest revisions serve to amend the Commonwealth's prior,
EPA-approved enhanced I/M SIP, which was published as a final
rulemaking action in the September 1, 1999 edition of the Federal
Register (64 FR 47670).
    The Commonwealth SIP revisions are comprised of amended versions of
Virginia's regulations governing the emissions inspection program. The
purpose of these changes to Virginia regulation was to make changes
that the Virginia Department of Environmental Quality (VA DEQ) deemed
necessary for continued operation of the enhanced I/M program. Some of
these regulatory amendments were made by Virginia to reflect changing
federal requirements and policies that apply to enhanced emission
inspection programs, and some updates were to address changes made to
relevant Virginia law since the inception of the enhanced I/M program.
    The most significant of the changes comprised within the December
18, 2002 SIP revision is the incorporation of on-board diagnostic
checks of 1996 and newer vehicles subject to emissions testing.
Virginia also updated its testing procedures to stay abreast of changes
needed based upon past operation of the program. Virginia also modified
applicability requirements for the I/M program to address the changing
dynamic of the vehicle fleet operating in the program area. Virginia
also amended its regulation to enhance the Commonwealth's ability to
effectively enforce the emission inspection program. Below is a summary
of the most significant changes to the Commonwealth's vehicle emission
inspection program regulations submitted as part of the December 18,
2002 SIP revision:
    1. Incorporation of on-board diagnostic testing of vehicles
equipped with second generation on-board diagnostics (OBD-II), as well
as checks of OBD-II equipped 1997 and newer diesel-powered vehicles.
    2. Revision of program model year coverage to exempt vehicles 25-
years old and older at the time of testing, in lieu of the previous
exemption of 1968 and older model vehicles.
    3. Revision of acceleration-simulation mode (ASM) emission
standards and removal of ASM test procedure pre-screening requirements.
    4. Tightening of two-speed idle emission test standards, to reflect
advanced technology and lower emission levels of 1990 and newer
vehicles.
    5. Relaxation of roadside remote sensing standards, and greater
flexibility for VA DEQ in use of various pollutants as roadside
screening criteria.
    6. Repeal of requirement for evaporative system purge testing.
    7. Revision of requirements for federal and private fleet testing
and reporting, and add ``sensitive mission vehicle'' fleet emission
inspection station permit category.
    8. Revision of visible emissions standard to include a standard for
diesel-powered vehicles now subject to OBD testing.
    9. Elimination of deadlines for waiver limit increases that have
already passed; and required vehicles that received a waiver in another
state to be tested if subject to Virginia's I/M program.
    10. Repeal of requirements limiting warranty eligibility for
certain emissions short tests.
    11. Modification of penalty schedule for major violations related
to emissions inspections.
    12. Revision of a number of definitions to reflect related
regulatory changes, and the repeal of others that are no longer needed
to support the Commonwealth's regulations.
    Virginia's April 2, 2003 SIP revision serves to make a technical
correction to the June 2002 version of the emission inspection program
regulation that was submitted as part of the December 2002 SIP
revision. This later amendment corrects a technical error in Virginia's
prior emission inspection program regulation concerning emission
inspector identification numbers.
    Virginia's June 18, 2007 SIP revision contains a more recent
version of the Commonwealth's I/M regulation since the June 2002
version of the regulation submitted as part of the December 18, 2002
SIP revision. This June 2007 SIP revision contains revised provisions
related to on-road testing of vehicles (i.e., remote sensing) operated
(primarily) in Northern Virginia. The purpose of this SIP revision is
to help Virginia ensure motorist compliance with the I/M program and to
supplement state enforcement activities.
    EPA is taking a single rulemaking action today upon the December
18, 2002, the April 2, 2003, and the June 18, 2007 SIP revisions.

III. General Information Pertaining to SIP Submittals From the
Commonwealth of Virginia

    In 1995, Virginia adopted legislation that provides, subject to
certain conditions, for an environmental assessment (audit)
``privilege'' for voluntary compliance evaluations performed by a
regulated entity. The legislation further addresses the relative burden
of proof for parties either asserting the privilege or seeking
disclosure of documents for which the privilege is claimed. Virginia's
legislation also provides, subject to certain conditions, for a penalty
waiver for violations of environmental laws when a regulated entity
discovers such violations pursuant to a voluntary compliance evaluation
and voluntarily discloses such violations to the Commonwealth and takes
prompt and appropriate measures to remedy the violations. Virginia's
Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-
1198, provides a privilege that protects from disclosure documents and
information about the content of those documents that are the product
of a voluntary environmental assessment. The Privilege Law does not
extend to documents or information (1) that are generated or developed
before the commencement of a voluntary environmental assessment; (2)
that are prepared independently of the assessment process; (3) that
demonstrate a clear, imminent and substantial danger to the public
health or environment; or (4) that are required by law.
    On January 12, 1998, the Commonwealth of Virginia Office of the
Attorney General provided a legal opinion that states that the
Privilege law, Va. Code Sec. 10.1-1198, precludes granting a privilege
to documents and information ``required by law,'' including documents
and information ``required by Federal law to maintain program
delegation, authorization or approval,'' since Virginia must ``enforce
Federally authorized environmental programs in a manner that is no less
stringent than their Federal counterparts * * *.'' The opinion
concludes that ``[r]egarding Sec.  10.1-1198, therefore, documents or
other information needed for civil or criminal enforcement under one of
these programs could not be privileged because such documents and
information are essential to pursuing enforcement in a manner required
by Federal law to maintain program delegation, authorization or
approval.''
    Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that
``[t]o the extent consistent with requirements imposed by Federal
law,'' any person making a voluntary disclosure of information to a
state agency regarding a violation of an environmental statute,
regulation, permit, or administrative order is granted immunity from
administrative or civil penalty. The Attorney General's January 12,
1998

opinion states that the quoted language renders this statute
inapplicable to enforcement of any Federally authorized programs, since
``no immunity could be afforded from administrative, civil, or criminal
penalties because granting such immunity would not be consistent with
Federal law, which is one of the criteria for immunity.''
    Therefore, EPA has determined that Virginia's Privilege and
Immunity statutes will not preclude the Commonwealth from enforcing its
program consistent with the Federal requirements. In any event, because
EPA has also determined that a state audit privilege and immunity law
can affect only state enforcement and cannot have any impact on Federal
enforcement authorities, EPA may at any time invoke its authority under
the CAA, including, for example, sections 113, 167, 205, 211 or 213, to
enforce the requirements or prohibitions of the state plan,
independently of any state enforcement effort. In addition, citizen
enforcement under section 304 of the Clean Air Act is likewise
unaffected by this, or any, state audit privilege or immunity law.
    Other specific requirements for an enhanced I/M program, and the
rationale for EPA's proposed action, are explained in the NPR and will
not be restated here. No public comments were received on the NPR.

III. Final Action

    EPA is approving three SIP revisions formally submitted to EPA by
the Commonwealth on December 18, 2002, April 2, 2003, and June 18, 2007
as revisions to the Virginia SIP.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 23, 2008. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action approving Virginia's enhanced I/M
program may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.

    Dated: April 9, 2008.
Donald S. Welsh,
Regional Administrator, Region III.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart VV--Virginia

0
2. In Sec.  52.2420, the table in paragraph (c) is amended under
Chapter 91 as follows:
0
a. Revising Part I, section 5-91-20.
0
b. Revising Part II, sections 5-91-30, 5-91-50, 5-91-70, and 5-91-120.
0
c. Revising Part III, sections 5-91-160 through 5-91-210.
0
d. Revising Part IV, sections 5-91-220, 5-91-230, 5-91-260, 5-91-270,
5-91-290 through 5-91-340, 5-91-360 and 5-91-370.
0
e. Revising Part V, section 5-91-380.
0
f. Removing Part VI, sections 5-91-460 and 5-91-470.
0
g. Revising Part VI, sections 5-91-410 through 5-91-450, 5-91-480, and
5-91-490.
0
h. Revising Part VII, sections 5-91-500 through 5-91-540.
0
i. Revising Part VIII, sections 5-91-550 through 5-91--580.
0
j. Revising Part IX, sections 5-91-590 through 5-91-620.
0
k. Revising Part X, sections 5-91-650 through 5-91-710.
0
l. Revising Part XI, section 5-91-720.
0
m. Revising Part XII, sections 5-91-740 through 5-91-760.

0
n. Removing Part XIII in its entirety.
0
o. Revising Part XIV, sections 5-91-790 and 5-91-800.

Sec.  52.2420  Identification of plan.

* * * * *
    (c) * * *

                                                     EPA-Approved Virginia Regulations and Statutes
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    State
      State citation  (9 VAC 5)            Title/subject       effective date            EPA approval date            Explanation [former SIP citation]
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                             Chapter 91 Regulations for the Control of Motor Vehicle Emissions in the Northern Virginia Area
                                                                   Part I Definitions
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
5-91-20.............................  Terms defined..........         6/29/05  4//22/08 [Insert page number where
                                                                                the document begins].
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Part II General Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
5-91-30.............................  Applicability and               10/1/02  4/22/08 [Insert page number where
                                       authority of the                         the document begins].
                                       department.

                                                                      * * * * * * *
5-91-50.............................  Documents incorporated          10/1/02  4/22/08 [Insert page number where
                                       by reference.                            the document begins].

                                                                      * * * * * * *
5-91-70.............................  Appeal of case                  10/1/02  4/22/08 [Insert page number where
                                       decisions.                               the document begins].

                                                                      * * * * * * *
5-91-120............................  Export and import of            10/1/02  4/22/08 [Insert page number where
                                       motor vehicles.                          the document begins].

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                               Part III Emission Standards for Motor Vehicle Air Pollution
--------------------------------------------------------------------------------------------------------------------------------------------------------
5-91-160............................  Exhaust emission                6/29/05  4/22/08 [Insert page number where
                                       standards for two-                       the document begins].
                                       speed idle testing in
                                       enhanced emissions
                                       inspection programs.
5-91-170............................  Exhaust emission                10/1/02  4/22/08 [Insert page number where
                                       standards for ASM                        the document begins].
                                       testing in enhanced
                                       emissions inspection
                                       programs.
5-91-180............................  Exhaust emission                6/29/05  4/22/08 [Insert page number where
                                       standards for on-road                    the document begins].
                                       testing through remote
                                       sensing.
5-91-190............................  Emissions control               10/1/02  4/22/08] [Insert page number where
                                       system standards.                        the document begins].
5-91-200............................  Evaporative emissions           10/1/02  4/22/08] [Insert page number where
                                       standards.                               the document begins].
5-91-210............................  Visible emissions               10/1/02  4/22/08 [Insert page number where
                                       standards.                               the document begins].
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                            Part IV Permitting and Operation of Emissions Inspection Stations
--------------------------------------------------------------------------------------------------------------------------------------------------------
5-91-220............................  General provisions.....         10/1/02  4/22/08 [Insert page number where
                                                                                the document begins].
5-91-230............................  Applications...........         10/1/02  4/22/08 [Insert page number where
                                                                                the document begins].

                                                                      * * * * * * *
5-91-260............................  Emissions inspection            10/1/02  4/22/08 [Insert page number where
                                       station permits,                         the document begins].
                                       categories.
5-91-270............................  Permit renewals........         10/1/02  4/22/08 [Insert page number where
                                                                                the document begins].

                                                                      * * * * * * *
5-91-290............................  Emissions inspection            10/1/02  4/22/08 [Insert page number where
                                       station operations.                      the document begins].
5-91-300............................  Emissions inspection            10/1/02  4/22/08 [Insert page number where
                                       station records.                         the document begins].
5-91-310............................  Sign and permit posting         10/1/02  4/22/08 [Insert page number where
                                                                                the document begins].
5-91-320............................  Equipment and facility          10/1/02  4/22/08 [Insert page number where
                                       requirements.                            the document begins].
5-91-330............................  Analyzer system                 10/1/02  4/22/08 [Insert page number where
                                       operation.                               the document begins].
5-91-340............................  Motor vehicle                   10/1/02  4/22/08 [Insert page number where
                                       inspection report;                       the document begins].
                                       certificate of
                                       emissions inspection.

                                                                      * * * * * * *
5-91-360............................  Inspector                       10/1/02  4/22/08 [Insert page number where     Retitled and amended.
                                       identification number                    the document begins].
                                       and access code usage.
5-91-370............................  Fleet emissions                 10/1/02  4/22/08 [Insert page number where
                                       inspection stations;                     the document begins].
                                       mobile fleet
                                       inspection stations.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    Part V Emissions Inspector Testing and Licensing
--------------------------------------------------------------------------------------------------------------------------------------------------------
5-91-380............................  Emissions inspector            10/21/02  4/22/08 [Insert page number where
                                       licenses and renewals.                   the document begins].

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Part VI Inspection Procedures
--------------------------------------------------------------------------------------------------------------------------------------------------------
5-91-410............................  General................         10/1/02  4/22/08 [Insert page number where
                                                                                the document begins].
5-91-420............................  Inspection procedure;           10/1/02  4/22/08 [Insert page number where
                                       rejection, pass, fail,                   the document begins].
                                       waiver.
5-91-430............................  ASM test procedure.....         10/1/02  4/22/08 [Insert page number where
                                                                                the document begins].
5-91-440............................  Two-speed idle test             10/1/02  4/22/08 [Insert page number where
                                       procedure.                               the document begins].
5-91-450............................  Evaporative system              10/1/02  4/22/08 [Insert page number where     Retitled and amended.
                                       pressure test and gas                    the document begins].
                                       cap pressure test
                                       procedure.
5-91-480............................  Emissions related               10/1/02  4/22/08 [Insert page number where
                                       repairs.                                 the document begins].
5-91-490............................  Engine and fuel changes         10/1/02  4/22/08 [Insert page number where
                                                                                the document begins].
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                Part VII Vehicle Emissions Repair Facility Certification
--------------------------------------------------------------------------------------------------------------------------------------------------------
5-91-500............................  Applicability and               10/1/02  4/22/08 [Insert page number where
                                       authority.                               the document begins].
5-90-510............................  Certification                   10/1/02  4/22/08 [Insert page number where
                                       qualifications.                          the document begins].
5-91-520............................  Expiration,                     10/1/02  4/22/08 [Insert page number where
                                       reinstatement,                           the document begins].
                                       renewal, and
                                       requalification.
5-91-530............................  Emissions and repair            10/1/02  4/22/08 [Insert page number where
                                       facility operations.                     the document begins].
5-91-540............................  Sign and certificate            10/1/02  4/22/08 [Insert page number where     Retitled and amended.
                                       posting.                                 the document begins].
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                        Part VIII Emissions Repair Technician Certification and Responsibilities
--------------------------------------------------------------------------------------------------------------------------------------------------------
5-91-550............................  Applicability and               10/1/02  4/22/08 [Insert page number where
                                       authority.                               the document begins].
5-91-560............................  Certification                   10/1/02  4/22/08 [Insert page number where
                                       qualifications for                       the document begins].
                                       emissions repair
                                       technicians.
5-91-570............................  Expiration,                     10/1/02  4/22/08 [Insert page number where
                                       reinstatement, renewal                   the document begins].
                                       and requalification.
5-91-580............................  Certified emissions             10/1/02  4/22/08 [Insert page number where
                                       repair technician                        the document begins].
                                       responsibilities.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Part IX Enforcement Procedures
--------------------------------------------------------------------------------------------------------------------------------------------------------
5-91-590............................  Enforcement of                  10/1/02  4/22/08 [Insert page number where
                                       regulations, permits,                    the document begins].
                                       licenses,
                                       certifications and
                                       orders.
5-91-600............................  General enforcement             10/1/02  04/22/08 [Insert page number where
                                       process.                                 the document begins].
5-91-610............................  Consent orders and              10/1/02  4/22/08 [Insert page number where
                                       penalties for                            the document begins].
                                       violations.
5-91-620............................  Major violations.......         10/1/02  4/22/08 [Insert page number where
                                                                                the document begins].

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                           Part X Analyzer System Certification and Specifications for Enhanced Emissions Inspection Programs
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
5-91-650............................  Design goals...........         10/1/02  4/22/08 [Insert page number where
                                                                                the document begins].
5-91-660............................  Warranty; service               10/1/02  4/22/08 [Insert page number where
                                       contract.                                the document begins].
5-91-670............................  Owner-provided services         10/1/02  4/22/08 [Insert page number where
                                                                                the document begins].
5-91-680............................  Certification of                10/1/02  4/22/08 [Insert page number where
                                       analyzer systems.                        the document begins].
5-91-690............................  Span gases; gases for           10/1/02  4/22/08 [Insert page number where
                                       calibration purposes.                    the document begins].

5-91-700............................  Calibration of exhaust          10/1/02  4/22/08 [Insert page number where
                                       gas analyzers.                           the document begins].
5-91-710............................  Upgrade of analyzer             10/1/02  4/22/08 [Insert page number where
                                       system.                                  the document begins].
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Part XI Manufacturer Recall
--------------------------------------------------------------------------------------------------------------------------------------------------------
5-91-720............................  Vehicle manufacturers           10/1/02  4/22/08 [Insert page number where
                                       recall.                                  the document begins].

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Part XII On-road Testing
--------------------------------------------------------------------------------------------------------------------------------------------------------
5-91-740............................  General requirements...         6/29/05  4/22/08 [Insert page number where
                                                                                the document begins].
5-91-750............................  Operating procedures;           6/29/05  4/22/08 [Insert page number where
                                       violation of standards.                  the document begins].
5-91-760............................  Schedule of civil               6/29/05  4/22/08 [Insert page number where
                                       charges.                                 the document begins].
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Part XIV ASM Exhaust Emission Standards
--------------------------------------------------------------------------------------------------------------------------------------------------------
5-91-790............................  ASM start-up standards.         10/1/02  4/22/08 [Insert page number where
                                                                                the document begins].
5-91-800............................  ASM final standards....         10/1/02  4/22/08 [Insert page number where
                                                                                the document begins].

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

* * * * *
[FR Doc. E8-8394 Filed 4-21-08; 8:45 am]

BILLING CODE 6560-50-P


[Code of Federal Regulations]

[Title 21, Volume 6]

[Revised as of April 1, 2008]

[CITE: 21CFR556.592]

TITLE 21--FOOD AND DRUGS

CHAPTER I--FOOD AND DRUG ADMINISTRATION

DEPARTMENT OF HEALTH AND HUMAN SERVICES

SUBCHAPTER E--ANIMAL DRUGS, FEEDS, AND RELATED PRODUCTS

  HYPERLINK "http://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/CFRSearch.cfm?C FRPart=556"  PART 556 -- TOLERANCES FOR RESIDUES OF NEW ANIMAL DRUGS IN FOOD

Subpart B--Specific Tolerances for Residues of New Animal Drugs

Sec. 556.592 Salinomycin.

(a)Acceptable daily intake (ADI) . The ADI for total residues of salinomycin is 0.005 milligram per kilogram of body weight per day.

(b) [Reserved]

[65 FR 70791, Nov. 28, 2000]


[Federal Register: June 10, 2010 (Volume 75, Number 111)]
[Notices]
[Page 32935-32936]
[DOCID:fr10jn10-45]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

June 1, 2010.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP10-765-000
    Applicants: Panhandle Eastern Pipe Line Company, LP
    Description: Panhandle Eastern Pipe Line Company, LP submits tariff
filing per 154.203: Baseline Filing to be effective 6/1/2010.
    Filed Date: 05/27/2010
    Accession Number: 20100527-5060
    Comment Date: 5 p.m. Eastern Time on Tuesday, June 8, 2010

    Docket Numbers: RP10-766-000
    Applicants: Horizon Pipeline Company, L.L.C.
    Description: Horizon Pipeline Company, L.L.C. submits tariff filing
per 154.203: Baseline Filing to be effective 5/27/2010.
    Filed Date: 05/27/2010
    Accession Number: 20100527-5089
    Comment Date: 5 p.m. Eastern Time on Tuesday, June 8, 2010

    Docket Numbers: RP10-767-000
    Applicants: CenterPoint Energy Gas Transmission Company
    Description: CenterPoint Energy Gas Transmission Company submits
Seventh Revised Sheet No. 604 et al. to FERC Gas Tariff, Sixth Revised
Volume No. 1.
    Filed Date: 05/27/2010
    Accession Number: 20100527-0187
    Comment Date: 5 p.m. Eastern Time on Tuesday, June 8, 2010

    Docket Numbers: RP10-768-000
    Applicants: Dominion Transmission, Inc.
    Description: Dominion Transmission, Inc submits Second Revised
Sheet 61 et al. to FERC Gas Tariff, Second Revised Volume 1 to be
effective 7/1/10.
    Filed Date: 05/27/2010
    Accession Number: 20100527-0154
    Comment Date: 5 p.m. Eastern Time on Tuesday, June 8, 2010

    Docket Numbers: RP10-769-000
    Applicants: Questar Southern Trails Pipeline Company
    Description: Questar Southern Trails Pipeline Company submits Fuel
reimbursement report and variance adjustment calculation et al. to FERC
Gas Tariff, Original Volume 1.
    Filed Date: 05/27/2010
    Accession Number: 20100527-0153
    Comment Date: 5 p.m. Eastern Time on Tuesday, June 8, 2010

    Docket Numbers: RP10-770-000
    Applicants: Columbia Gulf Transmission Company
    Description: Columbia Gulf Transmission Company submits tariff
filing per 154.203: Baseline Filing to be effective 5/27/2010.
    Filed Date: 05/27/2010
    Accession Number: 20100527-5115
    Comment Date: 5 p.m. Eastern Time on Tuesday, June 8, 2010

    Docket Numbers: RP10-771-000
    Applicants: Columbia Gas Transmission, LLC
    Description: Columbia Gas Transmission, LLC submits tariff filing
per 154.204: NTS-S Conversion to be effective 6/1/2010.
    Filed Date: 05/27/2010
    Accession Number: 20100527-5123
    Comment Date: 5 p.m. Eastern Time on Tuesday, June 8, 2010

    Docket Numbers: RP10-772-000
    Applicants: Blue Lake Gas Storage Company
    Description: Blue Lake Gas Storage Company submits tariff filing
per 154.203: Baseline Filing to be effective 5/27/2010.
    Filed Date: 05/27/2010
    Accession Number: 20100527-5128
    Comment Date: 5 p.m. Eastern Time on Tuesday, June 8, 2010

    Docket Numbers: RP10-773-000
    Applicants: Tuscarora Gas Transmission Company
    Description: Tuscarora Gas Transmission Company submits tariff
filing per 154.203: Baseline Filing to be effective 5/27/2010.
    Filed Date: 05/27/2010
    Accession Number: 20100527-5132
    Comment Date: 5 p.m. Eastern Time on Tuesday, June 8, 2010

    Docket Numbers: RP10-774-000
    Applicants: Kinder Morgan Louisiana Pipeline Company
    Description: Kinder Morgan Louisiana Pipeline LLC submits First
Revised Sheet No. 6 to FERC Gas Tariff, Original Volume No. 1.
    Filed Date: 05/27/2010
    Accession Number: 20100527-0180
    Comment Date: 5 p.m. Eastern Time on Tuesday, June 8, 2010

    Docket Numbers: RP10-775-000
    Applicants: Maritimes & Northeast Pipeline, L.L.C.
    Description: Maritimes & Northeast Pipeline, LLC submits Seventh
Revised Sheet No. 1 et al. to FERC Gas Tariff, First Revised Volume No.
1.
    Filed Date: 05/27/2010
    Accession Number: 20100527-0185
    Comment Date: 5 p.m. Eastern Time on Tuesday, June 8, 2010

    Docket Numbers: RP10-776-000
    Applicants: Transcontinental Gas Pipe Line Company
    Description: Transcontinental Gas Pipe Line Co LLC submits Original
Sheet No. 59 et al. to FERC Gas Tariff, Fourth Revised Sheet No. 1.
    Filed Date: 05/27/2010
    Accession Number: 20100527-0186
    Comment Date: 5 p.m. Eastern Time on Tuesday, June 8, 2010

    Docket Numbers: RP10-777-000
    Applicants: Gulf Crossing Pipeline Company LLC
    Description: Gulf Crossing Pipeline Company LLC submits tariff
filing per 154.203: RP10-666-001 Compliance Filing to be effective 5/7/
2010.
    Filed Date: 05/28/2010
    Accession Number: 20100528-5047
    Comment Date: 5 p.m. Eastern Time on Wednesday, June 9, 2010

    Docket Numbers: RP10-778-000
    Applicants: Stingray Pipeline Company, L.L.C.
    Description: Stingray Pipeline Company, L.L.C. submits tariff
filing per 154.203: Baseline Filing to be effective 6/30/2010.
    Filed Date: 05/28/2010
    Accession Number: 20100528-5059
    Comment Date: 5 p.m. Eastern Time on Wednesday, June 9, 2010

    Docket Numbers: RP10-779-000
    Applicants: Dominion Transmission, Inc.
    Description: Dominion Transmission, Inc. submits tariff filing per
154.203: DTI 5-28-10 Baseline Filing Volume No. 1 to be effective 5/28/
2010.
    Filed Date: 05/28/2010
    Accession Number: 20100528-5093
    Comment Date: 5 p.m. Eastern Time on Wednesday, June 9, 2010

    Docket Numbers: RP10-780-000
    Applicants: Northern Natural Gas Company
    Description: Northern Natural Gas Company submits Eighth Revised
Sheet 67 to FERC Gas Tariff, Fifth Revised Volume 1 to be effective 6/
1/10.
    Filed Date: 05/28/2010
    Accession Number: 20100528-0207
    Comment Date: 5 p.m. Eastern Time on Wednesday, June 9, 2010

    Docket Numbers: RP10-781-000
    Applicants: Algonquin Gas Transmission, LLC
    Description: Algonquin Gas Transmission, LLC submits tariff filing
per 154.204: NJR Energy Services negotiated rate for contract 781744 to
be effective 6/1/2010.
    Filed Date: 05/28/2010
    Accession Number: 20100528-5111
    Comment Date: 5 p.m. Eastern Time on Wednesday, June 9, 2010

    Docket Numbers: RP10-782-000

    Applicants: Columbia Gas Transmission, LLC
    Description: Columbia Gas Transmission, LLC submits tariff filing
per 154.203: Offsystem Pipeline Capacity to be effective 5/1/2010.
    Filed Date: 05/28/2010
    Accession Number: 20100528-5160
    Comment Date: 5 p.m. Eastern Time on Wednesday, June 9, 2010

    Docket Numbers: RP10-783-000
    Applicants: Southeast Supply Header, LLC
    Description: Southeast Supply Header, LLC submits First Revised
Sheet No 1 et al. to its FERC Gas Tariff, Original Volume 1, to be
effective 6/28/10.
    Filed Date: 05/28/2010
    Accession Number: 20100528-0244
    Comment Date: 5 p.m. Eastern Time on Wednesday, June 9, 2010

    Docket Numbers: RP10-785-000
    Applicants: Gulf South Pipeline Company, LP
    Description: Gulf South Pipeline Company, LP submits a capacity
release agreement containing negotiated rate provisions with Texla
Energy Management, Inc.
    Filed Date: 05/28/2010
    Accession Number: 20100528-0241
    Comment Date: 5 p.m. Eastern Time on Wednesday, June 9, 2010

    Docket Numbers: RP10-786-000
    Applicants: Texas Gas Transmission, LLC
    Description: Texas Gas Transmission LLC submits a Negotiated Rate
Letter Agreement with Tennessee Valley Authority.
    Filed Date: 05/28/2010
    Accession Number: 20100528-0242
    Comment Date: 5 p.m. Eastern Time on Wednesday, June 9, 2010

    Docket Numbers: RP10-787-000
    Applicants: Natural Gas Pipeline Company of America LLC
    Description: Natural Gas Pipeline Company of American, LLC submits
Fourth Revised Sheet 539 et al. to FERC Gas Tariff, Seventh Revised
Volume 1, to be effective 7/1/10.
    Filed Date: 05/28/2010
    Accession Number: 20100528-0239
    Comment Date: 5 p.m. Eastern Time on Wednesday, June 9, 2010

    Docket Numbers: RP10-788-000
    Applicants: Kinder Morgan Interstate Gas Transmission LLC
    Description: Kinder Morgan Interstate Gas Transmission LLC submits
Twenty-seventh Revised Sheet No 4G.01 to its FERC Gas Tariff, Fourth
Revised Volume 1A, to be effective 6/1/10.
    Filed Date: 05/28/2010
    Accession Number: 20100528-0240
    Comment Date: 5 p.m. Eastern Time on Wednesday, June 9, 2010

    Docket Numbers: RP10-789-000
    Applicants: Rockies Express Pipeline LLC
    Description: Rockies Express Pipeline, LLC submits Ninth Revised
Sheet 8B et al. to FERC Gas Tariff, Second Revised Volume 1, to be
effective 6/1/10.
    Filed Date: 05/28/2010
    Accession Number: 20100528-0231
    Comment Date: 5 p.m. Eastern Time on Wednesday, June 9, 2010

    Docket Numbers: RP10-791-000
    Applicants: Rockies Express Pipeline LLC
    Description: Rockies Express Pipeline LLC--Penalty Charge
Reconciliation Filing.
    Filed Date: 05/28/2010
    Accession Number: 20100528-5193
    Comment Date: 5 p.m. Eastern Time on Wednesday, June 9, 2010

    Docket Numbers: RP10-793-000
    Applicants: Colorado Interstate Gas Company
    Description: Colorado Interstate Gas Company Lost, Unaccounted-for
and Other Fuel; Gas Reimbursement Percentage Filing.
    Filed Date: 05/28/2010
    Accession Number: 20100528-5229
    Comment Date: 5 p.m. Eastern Time on Wednesday, June 9, 2010

    Docket Numbers: RP10-796-000
    Applicants: Southern Star Central Gas Pipeline, Inc.
    Description: Southern Star Central Gas Pipeline, Inc. submits
tariff filing per 154.203: Baseline Filing to be effective 6/1/2010.
    Filed Date: 06/01/2010
    Accession Number: 20100601-5048
    Comment Date: 5 p.m. Eastern Time on Monday, June 14, 2010

    Docket Numbers: RP10-797-000
    Applicants: North Baja Pipeline, LLC
    Description: North Baja Pipeline, LLC submits tariff filing per
154.203: Compliance 6/1/10, to be effective 5/18/2010.
    Filed Date: 06/01/2010
    Accession Number: 20100601-5052
    Comment Date: 5 p.m. Eastern Time on Monday, June 14, 2010

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-13914 Filed 6-9-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 194 (Friday, October 7, 2022)]
[Notices]
[Pages 61091-61092]
[FR Doc No: 2022-21831]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2022-N-0008]

Ophthalmic Devices Panel of the Medical Devices Advisory
Committee; Notice of Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or Agency) announces a
forthcoming public advisory committee meeting of the Ophthalmic Devices
Panel of the Medical Devices Advisory Committee. The general function
of the committee is to provide advice and recommendations to the Agency
on FDA's regulatory issues. The meeting will be open to the public.

DATES: The meeting will take place virtually on November 10, 2022, from
9 a.m. to 5 p.m. Eastern Time.

ADDRESSES: Please note that due to the impact of this COVID-19
pandemic, all meeting participants will be joining this advisory
committee meeting via an online teleconferencing platform. Answers to
commonly asked questions including information regarding special
accommodations due to a disability may be accessed at: https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm408555.htm.

FOR FURTHER INFORMATION CONTACT: Jarrod Collier, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 5214, Silver Spring, MD 20993-0002,
[email protected],<PHONE_NUMBER>, or FDA Advisory Committee
Information Line, 1-800-741-8138<PHONE_NUMBER>) in the Washington, DC
area). A notice in the Federal Register about last-minute modifications
that impact a previously announced advisory committee meeting cannot
always be published quickly enough to provide timely notice. Therefore,
you should always check the Agency's website at https://www.fda.gov/AdvisoryCommittees/default.htm and scroll down to the appropriate
advisory committee meeting link, or call the advisory committee
information line to learn about possible modifications before the
meeting.

SUPPLEMENTARY INFORMATION:
    Agenda: The meeting presentations will be heard, viewed, captioned,
and recorded through an online teleconferencing platform. On November
10, 2022, the committee will discuss and make recommendations on the
classification of ophthalmic dispensers, which are currently
unclassified pre-amendment devices to class I (general controls). This
will include a discussion of the known risks and safety/effectiveness
concerns and a general classification recommendation for ophthalmic
dispensers.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its website prior to the meeting, the
background material will be made publicly available on FDA's website at
the time of the advisory committee meeting, and the background material
will be posted on FDA's website after the meeting. Background material
and the link to the online teleconference meeting room will be
available at https://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Select the appropriate advisory committee meeting link.
The meeting will include slide presentations with audio components to
allow the presentation of materials in a manner that most closely
resembles an in-person advisory committee meeting.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before
October 20, 2022. Oral presentations from the public will be scheduled
on November 10, 2022, between approximately 9:15 a.m. and 10:15 a.m.
Eastern Time. Those individuals interested in making formal oral
presentations should notify the contact person and submit a brief
statement of the general nature of the evidence or arguments they wish
to present, the names and addresses of proposed participants, and an
indication of the approximate time requested to make their presentation
on or before October 12, 2022. Time allotted for each presentation may
be limited. If the number of registrants requesting to speak is greater
than can be reasonably accommodated during the scheduled open public
hearing session, FDA may conduct a lottery to determine the speakers
for the scheduled open public hearing session. The contact person will
notify interested persons regarding their request to speak by October
13, 2022.
    For press inquiries, please contact the Office of Media Affairs at
[email protected] or<PHONE_NUMBER>.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to

accommodate persons with disabilities. If you require accommodations
due to a disability, please contact Artair Mallett at
[email protected] or<PHONE_NUMBER> at least 7 days in advance
of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our website at https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: October 3, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-21831 Filed 10-6-22; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register: June 3, 2009 (Volume 74, Number 105)]
[Notices]
[Page 26725]
[DOCID:fr03jn09-98]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1830-DR; Docket ID FEMA-2008-0018]

Minnesota; Amendment No. 6 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Minnesota (FEMA-1830-DR), dated April 9, 2009, and
related determinations.

DATES: Effective Date: May 22, 2009.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident
period for this disaster is closed effective May 22, 2009.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households in
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.)

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. E9-12853 Filed 6-2-09; 8:45 am]

BILLING CODE 9111-23-P


On October 12, 2005, Erica Brown of the Association of Metropolitan Water Agencies ( AMWA) met with EPA, along with Steve Via, Jeffrey Swertfeger, Alexa Obelensky, Sarah Clarke, and Mike Hotaling as representatives of the American Water Works Association ( AWWA); Jim Taft and Darrell Osterhoudt of the Association of State Drinking Water Administrators ( ASDWA) with Stacy Jones and Denise Springborg to discuss the Initial Distribution System Evaluation Guidance Manual for the Stage 2 Disinfection Byproducts Rule. The participants made several recommendations on how the guidance manual could be improved to assist public water systems. EPA people at the meeting were Jennifer McLain, Elin Warn, Sarah Bahrman, Tom Grubbs, Katie Porter, and Pat Fair. IDSE Guidance Manual Meeting October 12, 2005 EPA East, room 2123 Proposed Agenda 10: 00 Intro chapters 10: 30 IDSE tool 11: 00 Chapter 7  Standard Monitoring 12: 30 Lunch 1: 30 Appendices 2: 30 Additional discussion & wrap up 3: 00 Adjourn


[Federal Register Volume 86, Number 204 (Tuesday, October 26, 2021)]
[Proposed Rules]
[Pages 59070-59073]
[FR Doc No: 2021-23256]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 774

[Docket No.<PHONE_NUMBER>]
RIN 0694-AI41

Request for Comments Concerning the Imposition of Export Controls
on Certain Brain-Computer Interface (BCI) Emerging Technology

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Advance notice of proposed rulemaking (ANPRM).

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SUMMARY: The Bureau of Industry and Security (BIS) maintains controls
on the export, reexport and transfer (in-country) of dual-use items and
less sensitive military items pursuant to the Export Administration
Regulations, including the Commerce Control List (CCL). Certain items
that could be of potential concern for export control purposes are not
yet listed on the CCL or controlled multilaterally, because they are
emerging technologies. Among these items is Brain-Computer Interface
(BCI) technology, which includes, inter alia, neural-controlled
interfaces, mind-machine interfaces, direct neural interfaces, and
brain-machine interfaces. BIS is seeking public comments on the
potential uses of this technology, particularly with respect to its
impact on U.S. national security (e.g., whether such technology could
provide the United States, or any of its adversaries, with a
qualitative military or intelligence advantage). This document also
requests public comments on how to ensure that the scope of any
controls that may be imposed on this technology would be effective (in
terms of protecting U.S. national security interests) and appropriate
(with respect to minimizing their potential impact on legitimate
commercial or scientific applications).

DATES: Comments must be received by BIS no later than December 10,
2021.

ADDRESSES: You may submit comments, identified by regulations.gov
docket number BIS-2021-0032 or by RIN 0694-AI41, through any of the
following:
     Federal eRulemaking Portal: https://www.regulations.gov.
You can find this advance notice of proposed rulemaking by searching
for its regulations.gov docket number, which is BIS-2021-0032.
     Email: [email protected]. Include RIN 0694-AI41
in the subject line of the message.
    All filers using the portal or email should use the name of the
person or entity submitting the comments as the name of their files, in
accordance with the instructions below. Anyone submitting business
confidential information should clearly identify the business
confidential portion at the time of submission, file a statement
justifying nondisclosure and referring to the specific legal authority
claimed, and provide a non-confidential submission.
    For comments submitted electronically containing business
confidential information, the file name of the business confidential
version should begin with the characters ``BC.'' Any page containing
business confidential information must be clearly marked ``BUSINESS
CONFIDENTIAL'' on the top of that page. The corresponding non-
confidential version of those comments must be clearly marked
``PUBLIC.'' The file name of the non-confidential version should begin
with the character ``P.'' The ``BC'' and ``P'' should be followed by
the name of the person or entity submitting the comments or rebuttal
comments. Any submissions with file names that do not begin with a
``P'' or ``BC'' will be assumed to be public and will be made publicly
available through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For questions on Brain-Computer
Interface technology, contact Dr. Betty Lee, Chemical and Biological
Controls Division, Office of Nonproliferation and Treaty Compliance,
Bureau of Industry and Security, U.S. Department of Commerce, (202)
482-5817, Email:

[email protected]. For questions on the submission of comments,
contact Willard Fisher, Regulatory Policy Division, Office of Exporter
Services, Bureau of Industry and Security, U.S. Department of Commerce,
(202) 482-6057, Email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    As part of the National Defense Authorization Act (NDAA) for Fiscal
Year 2019, Public Law 115-232, Congress enacted the Export Control
Reform Act of 2018 (ECRA), 50 U.S.C. 4801-4852. Section 1758 of ECRA
(as codified under 50 U.S.C. 4817) authorizes the Bureau of Industry
and Security (BIS) to establish appropriate controls on the export,
reexport or transfer (in-country) of emerging and foundational
technologies. Pursuant to ECRA, on November 19, 2018, BIS published an
advance notice of proposed rulemaking (November 19 ANPRM) (83 FR
58201). That ANPRM identified Brain-Computer Interface (BCI) technology
as part of a representative list of technology categories concerning
which BIS, through an interagency process, sought public comment to
determine whether there are specific emerging technologies that are
essential to U.S. national security and for which effective controls
can be implemented.

Comments to the November 19 ANPRM on Brain-Computer Interface
Technology

    In response to its November 19 ANPRM, BIS received approximately 13
comments related to the potential designation of BCI technology as an
emerging technology. The substance of these comments is summarized in
the following paragraphs.
    One respondent noted that BCI technology, although still in the
early stages of development, is currently available in Wassenaar
Arrangement participating countries (including the United States), as
well as in other countries.
    Similarly, another respondent indicated that emerging BCI
technology has important applications in human health care and
assistive technologies and that, consequently, overly broad export
controls on such technology could hinder research in these areas. In
addition, a respondent in the aerospace sector stated that overly broad
export controls would discourage information sharing and thereby hinder
BCI research and development projects in the aerospace industry. This
respondent also urged that license exceptions should apply to those
situations involving technological collaboration with our allies.
    Another respondent noted that the imposition of export controls on
the representative general categories of technology (including BCI
technology) identified in BIS's November 19 ANPRM would impact the
fields of automotive development (e.g., autonomous driving and
automotive safety), artificial intelligence, advanced materials
development, human-machine interfaces and robotics. This respondent
expressed the concern that the imposition of overly strict export
controls on such technology by the United States could drive future
research and development programs to other technologically
sophisticated countries in Europe, Asia and the Americas that would not
impose unilateral export controls on such technology. As examples of
the possible adverse effect of export controls on such technology, this
respondent cited the impact that the tightening of export controls had
on the U.S. commercial satellite sector and on LiDAR controlled under
ECCN 6A001 or ECCN 6A008.j.2.
    One respondent urged that U.S. export controls on BCI technology be
addressed through the establishment of harmonized multilateral
controls. Otherwise, the imposition of export controls on such
technology by the United States could adversely impact future
collaboration with our allies (e.g., foreign companies might become
reluctant to utilize U.S.-origin BCI products or technology if they
were subject to unilateral export controls). This respondent also
recommended that the United States view its national security interests
more narrowly, observing that the United States likely would lose
credibility in multilateral export control forums if it tried to tie
its national security and economic security interests too closely
together. This respondent also asked whether these controls would be
applied, across-the-board, to all countries or if they would vary
depending upon the country of destination. In addition, the respondent
inquired as to whether the de minimis provisions in the Export
Administration Regulations (EAR) would apply, how often the United
States would evaluate and update the scope of these emerging technology
controls, and what additional measures (i.e., other than obtaining
export or reexport licenses) U.S. companies and non-US entities would
be expected to take in order to protect such technology.
    Another respondent also warned about the potential harm to U.S.
technological leadership and competitiveness if the United States were
to impose broad unilateral controls on emerging technologies (including
BCI technologies), instead of working with our allies to develop and
implement multilateral controls. This respondent stressed that any
export controls that are imposed on emerging technologies must apply
only to those emerging technologies that are determined to be essential
to U.S. national security (e.g., export controls on such technologies
should address specific U.S. national security concerns, rather than
trade policy issues). In addition, this respondent urged that emerging
technologies should not be controlled unless they are exclusive to the
United States and encompass only core technologies. This respondent
also recommended that U.S. controls should focus primarily on
technology required for ``development,'' rather than technology for
``production'' or ``use.'' This respondent further urged that, to the
extent possible, any future EAR controls on emerging technologies
should be designed to complement the existing controls on the Commerce
Control List and the EAR definitions that apply to similar items, and
not be described in vague terms (e.g., as capable for use with one or
more specified items).
    One respondent observed that the digital information field of BCI
technology is quite mature and that, consequently, digital information
technologies should remain unencumbered for the free exchange and
cross-pollination of advancements across borders. In a similar vein,
another respondent stated that, if export controls on quantum computing
and BCI technologies were not properly crafted, these controls could
damage U.S. competitiveness and undermine U.S. technological leadership
by slowing development, limiting resources, reducing market
participation and limiting collaborative opportunities. This respondent
emphasized that, in developing and implementing export controls on such
technologies, an effective partnership among government, industry and
academia would be essential.

Process To Identify and Control Emerging Technology

    Under ECRA, emerging and foundational technologies are those
essential to the national security of the United States, but not
described in Section 721(a)(6)(A)(i)-(v) of the Defense Production Act
of 1950 (50 U.S.C. 4565(a)), as amended. Section 1758(a) of ECRA (50
U.S.C. 4817(a)) outlines an interagency process for identifying
emerging and foundational

technologies. This process considers both public and classified
information, as well as information from the Emerging Technology
Technical Advisory Committee and the Committee on Foreign Investment in
the United States. In identifying specific emerging technologies, this
process also takes into account all of the following:
     The development of the emerging technologies in foreign
countries;
     The effect export controls might have on the development
of the emerging technologies in the United States; and
     The effectiveness of export controls on limiting the
proliferation of the emerging technologies in foreign countries.
    In addition, Section 1758(a)(2)(C) of ECRA (50 U.S.C.
4817(a)(2)(C)) requires that the interagency process for identifying
emerging technologies include a notice and comment period.
    The Secretary of Commerce must establish appropriate controls on
the export, reexport or transfer (in-country) of technology identified
pursuant to the Section 1758 process. In so doing, the Secretary must
consider the potential end-uses and end-users of emerging and
foundational technologies, and the countries to which exports from the
United States are restricted (e.g., embargoed countries). While the
Secretary has discretion to set the level of export controls, at a
minimum a license must be required for the export of such technologies
to countries subject to a U.S. embargo, including those countries
subject to an arms embargo.
    BCI technology has been identified as a technology for evaluation
as a potential emerging technology, consistent with the interagency
process described in Section 1758 of ECRA. Consequently, BIS is
publishing this ANPRM to obtain feedback from the public and U.S.
industry concerning whether such technology could provide the United
States, or any of its adversaries, with a qualitative military or
intelligence advantage.
    Fundamentally, BCIs provide a direct communication pathway between
an enhanced or wired brain and an external device, with bidirectional
information flow.\1\ BCIs frequently involve a process in which brain
signals are acquired, analyzed and then translated into commands that
are: (1) Used to control machines; (2) potentially transferred to other
humans; or (3) used for human assessment or enhancement. Medical uses
of BCI technology include replacing or restoring useful function to
people disabled by neuromuscular disorders such as amyotrophic lateral
sclerosis, cerebral palsy, stroke, or spinal cord injury.
---------------------------------------------------------------------------

    \1\ Krucoff, M.O., Rahimpour, S., Slutzky, M.W., Edgerton, V.R.,
Turner, D.A. (2016), ``Enhancing Nervous System Recovery through
Neurobiologics, Neural Interface Training, and
Neurorehabilitation,'' Neuroprosthetics, 10 (584).
---------------------------------------------------------------------------

    BCI technology can also be a promising interaction tool for the
public, with many potential applications in multimedia, entertainment
and other fields. This technology will also have potential for military
use in enhancing the capabilities of human soldiers, including
collaboration for improved decision making, assisted-human operations,
and advanced manned and unmanned military operations.\2\
---------------------------------------------------------------------------

    \2\ Binnendijk, A., Marler, T., Bartels, E.M. (2019), ``Brain-
Computer Interfaces: U.S. Tactical Military Applications and
Implications,'' RAND Report RR-2996-CGRS.
---------------------------------------------------------------------------

    Although the ability to apply BCI technology remains subject to
certain limitations (e.g., approximately 15-30% of individuals
currently are thought to be unable to produce brain signals robust
enough to operate a BCI), the scientific community is addressing these
limitations through strategies such as: (1) An adaptive machine
learning approach that incorporates neurophysiological and
psychological traits; and (2) the development of more advanced sensors
(e.g., a coordinated network of independent, wireless microscale neural
sensors that are able to gather data from much larger groups of brain
cells than most current BCI systems).

Request for Comments

    Consistent with Section 1758(a)(2)(C) of ECRA (50 U.S.C.
4817(a)(2)(C)), this ANPRM provides the public with notice and the
opportunity to comment for the purpose of evaluating BCI technology as
an emerging technology. Consequently, BIS welcomes comments on this
ANPRM that would address, but not necessarily be limited to, the
following questions. If specific BCI systems are discussed as part of
any response to these questions, the public is requested to address the
effectiveness of such systems (e.g., with respect to validation,
assessment, detection of errors and ability to operate, as intended,
for all types of individuals).
    (1) What specific uniform standards for BCI technology would need
to be adopted to ensure their application on a global basis (i.e., as
international standards for BCI technology)?
    (2) Where does the development of BCI in the United States stand
with respect to other countries (e.g., is the United States on the
forefront of BCI technology development)?
    (3) Is BCI technology currently available for commercial use in
certain foreign countries and, if so, where and for what specific
purposes (e.g., have foreign companies already developed devices or
chips for specific commercial applications)?
    (4) Has the current stage of development with respect to invasive
and/or non-invasive BCI technology reached the point at which such
technology is ready for commercial production and use?
    (5) Is the main progress with respect to non-invasive brain signal
sensors being made in terms of real-time algorithms designed to
transform neural signals into commands (i.e., what is developing
faster: ``software'' (algorithms) or hardware (sensors))?
    (6) What impact would the establishment of export controls on BCI
technology have on U.S. technological leadership (i.e., not only in the
field of BCI technology, but overall) and would this impact be
distinctly different if controls were placed primarily on ``software''
as opposed to hardware, or vice versa?
    (7) How is the future development of artificial intelligence (AI)
technology or other emerging technologies likely to impact the
development of BCI technology, or vice versa?
    (8) What types of ethical or policy issues are likely to arise from
the use of BCI technology (e.g., for medical or military purposes)?
    (9) What kinds of risks and benefits currently exist, or are likely
to arise, as a result of the application of BCI technology?
    (10) What are the potential advantages or disadvantages of using
invasive and non-invasive BCI chips/sensors and related ``software''
(e.g., algorithms for signal processing) for specific applications? To
what extent would these advantages or disadvantages correspond (or
differ) based upon whether invasive or non-invasive BCI chips/sensors
and related ``software'' were being used?
    (11) Are there any BCI technologies that are significantly more
vulnerable than others to cybersecurity threats (e.g., military systems
employing BCI technologies that could adversely impact U.S.
biodefense)?
    (12) What is the potential for transmitted BCI data to be hacked or
manipulated to influence the user or machine? Is such data inherently
more vulnerable to hacking or manipulation than other forms of data?
Would the invasive or non-invasive characteristics of BCI data have any
impact on the potential vulnerability of such data?

    In addition to public comments that would assist BIS in evaluating
the status of BCI technology as an emerging technology, BIS encourages
comments that would help it to determine:
    (1) Which aspects of BCI technology would be more likely to require
monitoring by the U.S. Government (USG); and
    (2) Whether specific USG policies and regulations, as well as
industry standards, need to be established before this technology
becomes widely available for use in commercial applications.
    BIS also welcomes comments concerning whether export controls on
BCI technology should be implemented multilaterally (rather than
unilaterally), in the interest of increasing their effectiveness and
minimizing their impact on U.S. industry. As noted above, a number of
respondents who commented on BIS's November 19 ANPRM indicated their
preference for multilateral export controls over unilateral export
controls, because the former typically place U.S. industry on a more
level playing field versus producers/suppliers in other countries. In
this regard, note that Section 1758(c) of ECRA (as codified under 50
U.S.C. 4817(c)) provides that ``the Secretary of State, in consultation
with the Secretary [of Commerce] and the Secretary of Defense, and the
heads of other Federal agencies, as appropriate, shall propose that any
technology identified pursuant to subsection (a) [of ECRA] be added to
the list of technologies controlled by the relevant multilateral export
control regimes.'' Subsection (a) of section 1758 (as codified under 50
U.S.C. 4817(a)) addresses the interagency process for identifying
emerging technologies.
    BIS also encourages comments that address issues raised in the
November 19 emerging technology ANPRM public comments (as summarized
above) and any other BCI technology topics that they consider to be
relevant to this inquiry. The information provided by the respondents
in response to this ANPRM will assist BIS in evaluating BCI as a
potential emerging technology for the purpose of formulating export
control policies that will be both effective and appropriate, with
respect to their objective and scope.
    Comments should be submitted to BIS as described in the ADDRESSES
section of this ANPRM and must be received by BIS no later than
December 10, 2021.
    This rule has been designated a ``significant regulatory action,''
although not economically significant, under Executive Order 12866.
Accordingly, this rule has been reviewed by the Office of Management
and Budget (OMB).

Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2021-23256 Filed 10-25-21; 8:45 am]
BILLING CODE 3510-33-P


Risk Screen on Substitutes for Halon 1301

Fire Suppression and Explosion Protection Applications

Proposed Substitute: Aero-K®

Total Flooding Applications in Unoccupied Spaces

This risk screen does not contain Clean Air Act (CAA) Confidential
Business Information (CBI) and, therefore, may be disclosed to the
public.

Introduction

Ozone-depleting substances (ODS) are being phased out of production in
response to a series of diplomatic and legislative efforts that have
taken place over the past decade, including the Montreal Protocol and
the Clean Air Act Amendments of 1990 (CAAA).  The U.S. Environmental
Protection Agency (EPA), as authorized by Section 612 of the CAAA, is
developing a program to evaluate the human health and environmental
risks posed by alternatives to ODS.  The main purpose of EPA's program,
called the Significant New Alternatives Policy (SNAP) program, is to
identify acceptable and unacceptable substitutes for ODS in specific end
uses.

EPA’s decision on the acceptability of a substitute is based largely
on the findings of a screening assessment of potential human health and
environmental risks posed by the substitute in specific applications.
EPA has already screened a large number of substitutes in many end uses
within all of the major ODS-using sectors, including refrigeration and
air conditioning, solvent cleaning, foam blowing, aerosols, fire
suppression, adhesives, coatings and inks, and sterilization.  The
results of these risk screens are presented in a series of Background
Documents that are available in EPA's docket.

The purpose of this report is to supplement EPA’s Background Document
on the fire suppression and explosion protection sector (hereinafter
referred to as the Background Document).1  This risk screen discusses
potential human health and environmental risks posed by Aero-K® Fire
Suppressant, as a replacement for Halon 1301, used as a total flooding
agent in unoccupied spaces such as electrical cabinets, engine
compartments, turbine enclosures, flammable liquid storage, and remote
cellular base stations.

Aero-K® is a pyrotechnic particulate aerosol and explosion suppressant
supplied to end users as a solid housed in a double walled hermetically
sealed steel container.  When the unit is triggered (300C), the
product is pyrotechnically activated to produce gases and aerosol
particles from a mixture of chemicals, one of which is known to be a
strong oxidizer and potentially toxic (Mallinckrodt Chemicals and JT
Baker Inc., 1999).  This pyrotechnic composition passes through a bed of
catalytically active substrate that cools, oxidizes, and filters the
particulates (minimizing the number of particles <1 µm) of the mixture.
 Occupational exposure, exposure at end use, and general population
analyses were performed to ensure that use of the proposed blend in the
applications listed above did not pose unacceptable risks to workers or
the general public.  Consumer exposure modeling was not performed
because no consumer applications are proposed for the blend.  Table 1
provides the composition of Aero-K®.

Table 1.  Composition of Aero-K® Fire Suppression Aerosol Generator,
Prior to Activation

Constituent	Chemical Formula	CAS No.	Percent of Total (by weight)

Section 2 of this report summarizes the results of the risk screen for
Aero-K® in flooding applications.  Section 3 presents atmospheric
modeling and potential environmental risks; Section 4 discusses
occupational exposure; Section 5 discusses exposure at end use; Section
6 assesses risks associated with general population exposure; and
Section 7 assesses the emissions of volatile organic compounds.

Summary of Results

Aero-K® is recommended for SNAP approval as an extinguisher or as a
total flooding device in unoccupied spaces.  However, workers should
wear safety goggles and appropriate protective clothing (e.g., chemical
suits, goggles, and particulate respirators) during the manufacture,
clean up, and disposal of this product.  The risk screen indicates that
the use of the proposed substitute in unoccupied spaces will be less
harmful to the atmosphere than the continued use of Halon 1301.
Additionally, the risk to the general population is expected to be below
levels of concern for non-cancer risks.  For applications of this and
all other fire suppression equipment, EPA recommends that the applicable
National Fire Protection Agency (NFPA) standards be followed.

Atmospheric Modeling

This section presents an assessment of the potential risks to
atmospheric integrity posed by the use of Aero-K® as a fire
extinguisher in unoccupied areas.  According to the submitter, the
active ingredients for this technology are solids both before and after
use; thus, the ozone-depleting potential (ODP) and the atmospheric
lifetime (ALT) are both zero (Aero-K® SNAP Submission 2003).  The
gaseous post-activation products are released upon activation of the
fire suppressant (Aero-K® SNAP Submission 2001).  The concentrations
released are not expected to result in significant adverse atmospheric
impacts, thus the use of Aero-K® is not expected to pose any
significant adverse atmospheric impacts.  Additionally, the GWPs of
post-activation compounds in Aero-K® are well below the GWPs of
previously SNAP-approved fire-suppression agents (e.g. HFCs and other
high-GWP fluids).

Occupational Exposure at Manufacture

Worker exposure during the manufacturing process is precluded by the use
of appropriate protection equipment.  The constituents of Aero-K® do
not have published occupational exposure limits; however these
constituents are known mucus membrane, eye, skin, respiratory tract, and
gastrointestinal irritants. Limited toxicity data is available for the
constituents. As described by the submitter, there is limited exposure
to the product during manufacturing. Production facilities are ISO 9002
certified and qualified for (Military) MIL procedures. Worker exposure
may occur during the production of charges, which involves blending and
pressing the components and assembly of the generators containing the
charge. All employees involved in any step of the manufacturing process
should wear chemical suits, gloves, particulate respirators (NIOSH type
N95 or better filters) and goggles. The manufacturing space should be
well ventilated with a local exhaust system to reduce airborne exposure
of the Aero-K® constituents.  In the case of an accidental spill,
workers should wear their protective equipment while wet vacuuming the
particulate matter.  An eye wash fountain and quick drench facilities
must be close by the production area.

EPA finds that the use of these exposure controls and adherence with the
appropriate occupational safety guidelines are sufficient to ensure that
the manufacture of Aero-K® does not pose a risk to human health.

  SEQ CHAPTER \h \r 5 Exposure at End Use

If the Aero-K® fire suppression aerosol generator is automatically
activated in unoccupied spaces, a warning system deploys both an alarm
and a 60-second delay with a lockout mechanism if personnel are in the
area. In the event of discharge, all personnel should be required to
wear goggles, gloves, and self-contained breathing apparatus (SCBA).

It is noted that upon activation, several post-activation products are
expected to form. Table 2 presents these products and concentrations
measured by a contract laboratory for the manufacturer (Aero-K® SNAP
Submission 2003).

Table 2.  Post-Activation Products from a Discharge of

Aero-K® Fire Suppression Aerosol Generator

  SEQ CHAPTER \h \r 1 Compound	Chemical Formula	CAS No.	Percent of Total

(by weight)

Gas

	Particulate

	Note:  The original percentages, reported in the Aero-K® submission
were incorrect.  Therefore, the submitters have provided the corrected
percentages above.

Other Toxicity Endpoints

An acute eye irritation (Draize) and acute inhalation test are not
required for Aero-K® if it is used in unoccupied spaces.  The results
from such tests have not been reported; this data gap must be addressed
prior to SNAP review for occupied spaces.

Post-Activation Disposal

Workers should not enter the space following discharge until all
particles have settled and the gases released by the system have
dissipated.  The submitter should provide guidance upon installation
regarding the appropriate time frame after which workers may enter the
activation site for disposal to allow the maximum settling of all the
particulates. Clean-up operations are likely to result in the
re-circulation of potentially toxic dust particles.  Therefore, workers
entering the protected volume to clean-up after activation are required
to wear chemical suits, gloves, goggles, and a particulate removing
respirator with a fine dust rating capability.  The contents removed
from the protective volume should be disposed of according to approved
safety procedures.  Equipment should be thoroughly decontaminated after
use.  When recommended safety precautions are followed, no significant
adverse health effects should result.

General Population Exposure

This section screens potential risks to the general population from
exposure to ambient air releases of Aero-K®, blend constituents, or
post-activation products.  Factory releases (occurring during
manufacture) and on-site releases (those occurring at the end-use) are
examined in this section.  By following existing regulations and
installing the proper control systems, EPA believes that factory or
on-site releases are not likely to pose a significant threat to ambient
air or surface water. Additionally, the releases do not pose threats
associated with solids wastes. Consequently, use of Aero-K® is not
expected to pose a significant risk to the general population.

Ambient Air

All manufacturing occurs in the facility with a closed ventilation
system; therefore, minimal release to the ambient air is expected.  All
facility emissions are controlled and regulated. Therefore, air
emissions associated with the use of the Aero-K® fire suppression
system are not of concern to the health of the general population.

Surface Water   TC \l3 "

If all the solid waste settles onto the floor of the unoccupied space
and is removed from the site according to federal, state, and local
requirements, the Aero-K® components are not likely to settle into
nearby streams or ponds.

Solid Waste

All spilled or settled material in the manufacturing facility is
considered hazardous and should be treated accordingly.  If all federal,
state, and local regulations pertaining to waste disposal are followed,
no release to the environment is expected.

Volatile Organic Compound Analysis

In Chapter 7 of the Background Document (US EPA 1994), EPA estimated the
impact of potential increases in volatile organic compound (VOC)
emissions from the use of substitutes for ozone-depleting substances.
The concentration of VOCs resulting from the activation of Aero-K are so
small that the use of Aero-K is not expected to lead to a significant
increase of VOCs in the atmosphere.

References

Aero-K® SNAP Submission.  2003 Significant New Alternatives Policy
Program Submission to the United States Environmental Protection Agency,
April 2003.

National Institute for Occupational Safety & Health. NIOSH Pocket Guide
to Chemical Hazards. DHHS (NIOSH) Publication No. 97-140. Washington,
D.C. U.S. Government Printing Office, 1997. 168

Mallinckrodt Chemicals and JT Baker Inc.  1999.  Material Safety Data
Sheet for Potassium Nitrate.  MSDS Number P5950. November.

U.S. EPA, 1994. Risk Screen on the Use of Substitutes for Class I
Ozone-Depleting Substances: Fire Suppression and Explosion Protection
(Halon Substitutes).  Stratospheric Protection Division.  March 1994.

1U.S. EPA, 1994. Risk Screen on the Use of Substitutes for Class I
Ozone-Depleting Substances: Fire Suppression and Explosion Protection
(Halon Substitutes).  Stratospheric Protection Division.  March 1994.

 As described by the CDC (1997), a particulate removing respirator
filters out dust, fibers, fumes and mists by filtering, absorbing,
adsorbing, or causing a chemical reaction with the contaminants as they
pass through the respirator canister or cartridge.

 If workers must enter the space before the discharged particles have
settled and the gases released have dissipated, then workers are
required to wear chemical suits, gloves, goggles, and SCBA.

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