[Federal Register Volume 77, Number 17 (Thursday, January 26, 2012)]
[Notices]
[Pages 4033-4034]
[FR Doc No: 2012-1613]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC12-60-000
    Applicants: Black Hills Corporation, Enserco Energy Inc., Twin
Eagle Resource Management, LLC
    Description: Joint Application for Authorization under Section 203
of the Federal Power Act, and Request for Confidential Treatment,
Expedited Consideration and Waivers of Black Hills Corp., et al.
    Filed Date: 1/19/12
    Accession Number: 20120119-5140
    Comments Due: 5 p.m. ET 2/9/12

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-2984-003
    Applicants: Merrill Lynch Commodities, Inc.
    Description: Merrill Lynch Commodities, Inc. Notice of Non-Material
Change in Status.
    Filed Date: 1/18/12
    Accession Number: 20120118-5153
    Comments Due: 5 p.m. ET 2/8/12

    Docket Numbers: ER12-551-001
    Applicants: Westar Energy, Inc.
    Description: Westar Energy, Inc. submits tariff filing per:
Supplement to Amended Compliance Filing, Schedule 3A to be effective N/
A.
    Filed Date: 1/19/12
    Accession Number: 20120119-5000
    Comments Due: 5 p.m. ET 2/9/12

    Docket Numbers: ER12-665-001
    Applicants: ITC Midwest LLC
    Description: ITC Midwest LLC submits tariff filing per 35.17(b):
Amendment to Filing to be effective 2/21/2012.
    Filed Date: 1/19/12
    Accession Number: 20120119-5057
    Comments Due: 5 p.m. ET 2/9/12

    Docket Numbers: ER12-705-001
    Applicants: ITC Midwest LLC
    Description: ITC Midwest LLC submits tariff filing per 35.17(b):
Amendment Filing to be effective 2/28/2012.
    Filed Date: 1/19/12
    Accession Number: 20120119-5056
    Comments Due: 5 p.m. ET 2/9/12

    Docket Numbers: ER12-835-000
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, L.L.C. submits tariff filing per
35.13(a)(2)(iii): PJM Queue X2-082; First Revised Service Agreement
Nos. 3156 and 3157 to be effective 12/20/2011.
    Filed Date: 1/19/12
    Accession Number: 20120119-5125
    Comments Due: 5 p.m. ET 2/9/12

    Docket Numbers: ER12-836-000
    Applicants: PacifiCorp
    Description: PacifiCorp's Termination of Maintenance Agreement
between PacifiCorp and Lakeview Biomass, LLC.
    Filed Date: 1/19/12
    Accession Number: 20120119-5137
    Comments Due: 5 p.m. ET 2/9/12

    Docket Numbers: ER12-837-000
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, L.L.C. submits tariff filing per
35.13(a)(2)(iii): Queue Position X2-013; Original Service Agreement No.
3176 to be effective 12/20/2011.
    Filed Date: 1/19/12
    Accession Number: 20120119-5150
    Comments Due: 5 p.m. ET 2/9/12

    Docket Numbers: ER12-838-000
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits tariff filing per
35.13(a)(2)(iii): 2213R1 Cimarron Windpower II GIA to be effective 12/
20/2011.
    Filed Date: 1/19/12
    Accession Number: 20120119-5154
    Comments Due: 5 p.m. ET 2/9/12

    Docket Numbers: ER12-839-000
    Applicants: FPLE Rhode Island State Energy, L.P.
    Description: FPLE Rhode Island State Energy, L.P. submits tariff
filing per 35.13(a)(2)(iii): Entergy RISE Notice of Succession to be
effective 1/19/2012.

    Filed Date: 1/19/12
    Accession Number: 20120119-5162
    Comments Due: 5 p.m. ET 2/9/12

    Docket Numbers: ER12-840-000
    Applicants: Northern Indiana Public Service Company
    Description: Northern Indiana Public Service Company submits tariff
filing per 35.13(a)(2)(iii): Definitions to be effective 2/1/2012.
    Filed Date: 1/19/12
    Accession Number: 20120119-5174
    Comments Due: 5 p.m. ET 2/9/12

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: January 19, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-1613 Filed 1-25-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)]
[Rules and Regulations]
[Pages 67186-67190]
[FR Doc No: 2016-23296]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2015-0074; FRL-9953-14-Region 5]

Air Plan Approval; Indiana; Temporary Alternate Opacity Limits
for American Electric Power, Rockport

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the Indiana State Implementation Plan (SIP), authorizing
temporary alternate opacity limits (TAOLs) at the American Electric
Power, Rockport (AEP Rockport) facility during periods of boiler
startup and shutdown. This action is consistent with the Clean Air Act
(CAA), the Indiana SIP, and EPA policy regarding emissions during
periods of startup and shutdown. Indiana has provided an air quality
analysis demonstrating that this revision will continue to protect the
applicable National Ambient Air Quality Standards (NAAQS) for fine
particulate matter (PM2.5) in Spencer County, Indiana.

DATES: This final rule is effective on October 31, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2015-0074. All documents in the docket are listed on
the www.regulations.gov Web site. Although listed in the index, 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
through www.regulations.gov or at the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays. We recommend
that you telephone Matt Rau, Environmental Engineer, at<PHONE_NUMBER>
before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer,
Control Strategies Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:

I. What is the background for this action?
II. What is EPA's response to comment?
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. What is the background for this action?

    EPA is approving into the Indiana SIP TAOLs for AEP Rockport Units
#1 and Unit #2, which apply only during narrowly-drawn periods of
boiler startup and shutdown. These two identical 1,300-megawatt coal-
fired boilers are each equipped with an electrostatic precipitator
(ESP) to control PM2.5 emissions.
    More specifically, 326 Indiana Administrative Code (IAC) 5-1-8
authorizes AEP Rockport to exceed the applicable SIP opacity limit only
under the following circumstances: (1) During startup, for a period not
to exceed two hours (twenty six-minute averaging periods), or until the
flue gas temperature reaches 250 degrees Fahrenheit at the ESP inlet,
whichever occurs first; and (2) during shutdown, once the flue gas
temperatures has dropped below 250 degrees Fahrenheit at the ESP inlet,
for a period not to exceed one and one-half hours (fifteen six-minute
averaging periods).
    EPA proposed to approve these alternate limits as revisions to
Indiana SIP on December 28, 2015 (80 FR 80719). In this action, EPA is
responding to comments submitted in response to its proposal and
approving the AEP Rockport TAOLs. This is because they meet the
criteria contained in Indiana SIP rule 326 IAC 5-1-3(d) as an
appropriate method in determining alternative limits for facilities
during startup and shutdown periods. These limits are also consistent
with the CAA and applicable EPA policy. As discussed in EPA's proposal,
AEP Rockport has met all of these criteria.
    EPA has also previously approved TAOLs for 22 other Indiana power
plants, all of which are controlled with ESPs (67 FR 46589, July 16,
2002). These TAOLs contained similar limits, and EPA's basis for
approval was analogous. The approach taken by Indiana in establishing
all of these TAOLs is also consistent with section 110 of the CAA and
the criteria contained in EPA's September 20, 1999 guidance, ``State
Implementation Plans: Policy Regarding Excess Emissions During
Malfunctions, Startup, and Shutdown.''
    As discussed in the proposal, EPA has evaluated Continuous Opacity
Monitoring System (COMS) data from the AEP Rockport facility and
conducted air dispersion modeling in the surrounding area. The COMS
data showed that, between 2009 and 2013, AEP's emissions were in
compliance with the SIP opacity rule 99.81 percent of the time.
Conversely, AEP's emissions exceeded the opacity standards just 0.19
percent of the time, which includes the startup and shutdown periods
covered by the TAOL.
    After EPA received public comments in response to the proposal, the
Indiana Department of Environmental Management (IDEM) performed an
additional air quality analysis in response to specific comments. AEP
provided a revised emission profile for PM describing hourly emissions
during a 24-hour period, including a startup event, in which the ESP
would be entirely shut down during hours 9 and 10. IDEM made the
conservative assumption that all of the boilers' PM10
emissions were 100 percent PM2.5. The new analysis also
considered two scenarios, in which one boiler is starting up while the
other boiler is either not operating, or operating at its full, steady
rate. Both boilers at Rockport exhaust through a common stack. The two
scenarios represent the stack exhaust and dispersion rates for a boiler
startup/shutdown event. IDEM modeled one scenario which assumed that
the ESP is completely offline for the two hours of highest oil and coal
combustion.
    IDEM's modeling followed EPA's guidance in 40 CFR part 51, appendix
W, using the current version of the AERMOD modeling system, over a full
receptor grid, with five years of recent surface meteorological data
from Evansville, Indiana (2010-2014). IDEM also included background
from the near-by Dale monitor, in response to Sierra Club comments. The
modeling with the background results yielded a 24-hour PM2.5
value of 26.06 micrograms per cubic meter ([mu]g/m\3\), which is well
below the 2012 24-hour PM2.5 NAAQS of 35 [mu]g/m\3\.

II. What is EPA's response to comment?

    EPA received comment letters from AEP and the Sierra Club, both on
January 27, 2016.
    The AEP comment letter supports the approval of 326 IAC 5-1-8 into
the Indiana SIP. Sierra Club's comments are provided and addressed
below.
    Comment: The commenter stated that the fact that AEP Rockport often
does

not meet applicable opacity limitations is not sufficient to
demonstrate that it cannot meet these limits. The commenter asserts
that there are numerous options that might be effective in reducing
emissions during startup and shutdown periods, including revamping
plant maintenance practices, installing baghouses after the ESPs to
collect uncontrolled PM, and using a startup fuel other than fuel oil.
    Response: The TAOLs at AEP Rockport are needed during startup and
shutdown because of temperature limitations of the ESP, which has
lowered efficiency at times when temperatures are below 250 degrees.
(See 67 FR 46589, July 16, 2002). In addition, AEP Rockport has
provided data showing that during periods of low temperature when the
control technology cannot efficiently control particulates, there may
be violations of the SIP opacity limits. During normal operations,
however, emission limits are met. The COMs data submitted by AEP
Rockport demonstrate that it has operated in a manner consistent with
good air pollution control and maintenance practices. The data show
that, between 2009 and 2013, the facility was in compliance 99.81
percent of the time, and exceeded the opacity standards just 0.19
percent of the time. This includes the startup and shutdown periods
covered by the TAOL.
    The commenter suggests that other control devices should be added
to the facility, or that there should be a fuel switch. EPA disagrees
for several reasons. First, considering additional controls or changes
in fuel is not a criterion in the Indiana SIP for evaluating the
approvability of a TAOL. In addition, even if AEP Rockport were to add
or modify its control such as by adding a fabric filter (baghouse),
similar technical issues could also occur during the low-temperature,
low-flow scenario of startups and shutdowns.
    Comment: The commenter stated that the fact that AEP Rockport often
meets applicable opacity limitations during startup and shutdown proves
that it can meet these limits. To support this claim, the commenter
cites opacity records from the facility on two specific dates in August
1999 in which the opacity did not exceed 40 percent during one startup
event and one shutdown event. While conceding that these records also
show violating emissions during startups and shutdowns on other
occasions, the commenter further notes that the same records show that
the facility was also able to comply with the opacity limits during
startups and shutdowns as recently as last year.
    Response: Because AEP Rockport often meets its limits speaks to the
fact that it currently operates the controls in a fashion that is
consistent with the TAOL approval criterion of maintaining and
operating controls in a way to minimize emissions. AEP Rockport's
control system also operates effectively during normal operations,
enabling it to meet its opacity limitations. As explained in EPA's
proposal, the need for a TAOL occurs only during startup and shutdown
periods--when ESP effectiveness is hampered by temperature (See 67 FR
46589, July 16, 2002).
    AEP Rockport's COM data from 2001 to 2004, and 2007 to 2013,
indicate opacity exceedances during startup and shutdown periods, which
shows this has been a long-running technical issue. EPA has also
reviewed the opacity exceedance report summary for 2007 to 2013. It
shows that AEP Rockport averaged 2 startups per year and 4.7 shutdowns
per year that exceeded the opacity limitations.
    There are aspects of ESP operation that cannot be predicted or
controlled during unit startups. Therefore, it is impractical to set an
opacity limitation during startup and shutdown periods, particularly
given the noted history of limited exceedances and the potential for
more irregular opacity episodes. Given that EPA expects SIP compliance
100 percent of the time, the fact that a source may ``often'' meet
applicable emission limits is not sufficient.
    Comment: The commenter stated that the air quality demonstration
made in 2001 or 2004 is obsolete due to changing conditions that impact
opacity compliance at the AEP Rockport. The commenter further asserted
that the documents AEP submitted in support of its TAOL petition are
outdated and fail to satisfy the requirements in 326 IAC 5-1-3-
(d)(2)(B).
    Response: The requirements of 326 IAC 5-1-3(d)(2)(B) were fulfilled
for the AEP Rockport facility with the information provided by Indiana
in 2015. This is current information, as Indiana evaluated the AEP
Rockport TAOLs in 2014. The current data for AEP Rockport show it
operates in manner that minimizes opacity emissions during both normal
operation and during startup and shutdown periods.
    AEP's updated COMs data, which reflects maintenance changes,
upgrades, retrofits, or alterations at the facility, still records
exceedances during some start-up and shutdown events during 2009
through 2013. This data which accounts for recent changes in conditions
shows that there is an ongoing technical issue with the ESP temperature
limitations during start-up and shutdowns that necessitates the TAOLs.
    Comment: The commenter stated that the 2004 modeling does not
address the current NAAQS. The Indiana SIP requires the owner or
operator to demonstrate the TAOL will not impact the maintenance of the
NAAQS. The commenter asserted that AEP Rockport's 2004 demonstration is
clearly inadequate in that it does not address subsequently-adopted PM
NAAQS, because the demonstration did not address the 2012 24-hour and
annual PM2.5 NAAQS.
    Response: The submission by Indiana contained both 2004 and updated
2013 modeling. The modeling provided to EPA for SIP approval included
an analysis of both PM10 and PM2.5. The analysis
used a conservative assumption that 100 percent of PM10
equals the PM2.5 concentrations emitted. EPA concurred with
this analysis, which further showed that the TAOL would not interfere
with the NAAQS for fine particulate matter.
    In addition, in response to the comment, Indiana performed and
provided EPA with an updated AERMOD modeling analysis. The modeling
shows that the PM2.5 NAAQS should remain protected in
Spencer County, Indiana with the TAOLs in place. More specifically, the
results yielded a 24-hour PM2.5 value of 26.06 [mu]g/m\3\,
which is well below the 24-hour PM2.5 NAAQS of 35 [mu]g/
m\3\. Indiana did not address the annual PM2.5 NAAQS, as the
TAOL is only intended to address short-term situations. The 24-hour
PM2.5 NAAQS protects public health in this scenario. EPA
also considered the 2012 NAAQS, and evaluated modeled concentrations
from the TAOLs, using an hourly value of 1.59 [mu]g/m\3\ from the
modeled scenario that would best represent a contribution to an annual
average. EPA a determined that the modeled annual average combined with
background concentrations (for current monitored data of 10.1 [mu]g/
m\3\ for 2013-2015 period, and 9.3 for the current annual period) would
be less than the 2012 PM2.5 NAAQS of 12.0 [mu]g/m\3\.
    Comment: The commenter stated that the 2004 modeling assumes PM
emission will be controlled in ways the TAOL does not require. More
specifically, AEP Rockport assumed that its ESPs would be partially
energized and reducing particulate matter emissions, albeit at only 60
percent efficiency. Rockport's operating permit excuses it from running
the ESPs during startup and shutdown. The emissions rate both Indiana
and AEP Rockport

used is based on the assumption that AEP Rockport will take steps to
minimize opacity that are not required by law.
    Response: EPA believes that the modeling done in support of the
TAOL is an appropriate representation of the impact of the TAOL on the
NAAQS. The parameters used in the modeling are consistent with EPA SSM
guidance and rules (see, e.g., 80 FR 33840), and reflect the operations
at the facility, because Indiana has found through review of the
reported data that AEP Rockport's ESP typically provides 75 percent
control efficiency or more during startup.
    It should also be noted that AEP Rockport is subject to other rules
that limit its emissions, such as the Mercury and Air Toxics (MATS)
rule (40 CFR part 63, subpart UUUUU). Controlling PM emissions under
the MATS rule will further limit the opacity from the AEP Rockport
units. Indiana's analysis without ESP control still shows the air
quality will be protected. Therefore, EPA believes that the assumption
of 60 percent efficiency in the modeling is conservative, and shows
that the NAAQS would be protected at a level well below the standard.
    Comment: The commenter stated that the 2013 modeling is unrealistic
and retains flaws from the 2004 modeling. Some of the key modeling
assumptions that Indiana used are unrealistic. These assumptions cut in
both directions: Some overestimate air quality impact and some
underestimate air quality impact. Indiana assumed that there was no
background PM2.5 concentration. Indiana's justifications for
using a zero background PM concentration do not withstand scrutiny.
Assuming zero background concentration for PM2.5 produces an
air quality modeling result that cannot be relied upon to show NAAQS
compliance. The 2013 annual mean for PM2.5 at the Dale,
Spencer County, Indiana monitor was 10.20 [mu]g/m\3\. Indiana's
modeling yielded an eighth high 24-hour PM2.5 value of 22
[mu]g/m\3\. Even though the methodology for calculating these values is
very different, adding them yields a total of 32.2 [mu]g/m\3\.
    Response: The commenter notes in its own analysis that the
modeling, with background concentration, still yield results that are
below the standard of 35 [mu]g/m\3\.
    The revised modeling analysis by Indiana addressed the concerns
raised by the commenter. Background data was taken from the Dale
monitor in Spencer County, Indiana. AEP Rockport is also in Spencer
County, Indiana, about 20 miles from the Dale monitor. The latest three
years of monitoring data from 2013-2015 were used. The background value
of 23 [mu]g/m\3\ does include the expected impact from AEP Rockport's
startup and shutdown periods, as no adjustment to the data was made.
Thus, both Indiana and EPA considered a conservative background
concentration in their evaluations of the AEP Rockport TAOLs.
    Indiana's 2013 modeling is conservative in several additional ways.
The dispersion modeling used averaged stack temperatures and flow rates
in the startup process (which were not from the same hour the emissions
value came from). Using the good engineering practice stack height of
220.7 m, instead of the actual 272.5 m stack height, also leads to a
conservative estimate of dispersion and, therefore, conservatively high
concentration results. The analysis used a cold-unit startup, which is
expected to produce more opacity than a warm-unit startup. (A warm-unit
startup is when the boiler is still warm, a scenario that could come
from frequent startups and shutdowns.) Indiana used coarse particulate
matter (PM10) emission rates in its modeling analysis,
making the conservative assumption that those emissions were 100
percent PM2.5. Indiana compared the model result to the 24-
hour PM2.5 standard and determined that the NAAQS were
protected.
    A scenario considering two hours of uncontrolled emissions during
startup gave a maximum concentration of 3.06 [mu]g/m\3\. Adding in the
background concentration yields a total value of 26.06 [mu]g/m\3\. A
second scenario was considered with one unit starting up while the
other unit is in normal operation. This scenario yields a total
concentration of 24.59 [mu]g/m\3\. The higher stack temperature and
greater flow rate increase the dispersion characteristics leading to
the lower concentration. Thus, the first scenario provides a worst-case
analysis with a background concentration and no ESP operation during
startup, and it still demonstrates attainment of the 24-hour
PM2.5 NAAQS.
    Comment: The commenter stated that Indiana has not demonstrated
that this TAOL is needed and justifiable, as required by 326 IAC 5-1-
3(d)(2). The commenter noted that the Indiana SIP requires the owner to
demonstrate that a particular TAOL is needed and justifiable during
periods of startup and shutdown. The TAOL should be narrowly tailored
and all steps must be taken to minimize emissions during startup and
shutdown.
    Response: The criteria for demonstrating that a TAOL is needed and
justifiable are provided in SIP rule 326 IAC 5-1-3(d)(2). As discussed
above, the need in this case is supported by both the COMs data showing
exceedances and the limitations of the technology due to low
temperatures specific to startup and shutdown.
    The AEP Rockport TAOLs also meet the criteria contained in EPA's
SSM guidance and rules (see, e.g., 80 FR 33840). The TAOLs are narrowly
tailored, as they apply only to Rockport Unit 1 and Unit 2. They also
align the previously approved Indiana TAOLs as it is a coal-fired
utility boiler controlled with an ESP. The data provided on previous
startups and shutdowns for both units indicated the TAOLs were set
properly to minimize emissions during startup and shutdown. AEP
Rockport has satisfied the criteria for approval. Further, the AEP
Rockport startup and shutdown TAOLs are consistent with the previously
approved TAOLs at other similar Indiana facilities (See 67 FR 46589,
July, 16, 2002). The TAOLs for AEP Rockport were also tailored
specifically to the facility using monitored COM data to determine
opacity limits that were appropriate given the operational limitations
of the specific parameters on the ESP for AEP Rockport. AEP Rockport
has demonstrated that the PM2.5 NAAQS and thus the area's
air quality will remain protected. The reports on the startups and
shutdown do show the periods when the current opacity limitations are
exceeded occurred during 14 startups and 33 shutdowns from 2007 to
2013, which is an average of 2.0 startup and 4.7 shutdown exceedances
per year. Just one startup (2.1 hours) and two shutdowns (1.7 and 2.0
hours) during 2007 to 2013 exceeded the proposed TAOLs.
    The air quality analysis of the TAOLs shows that the 24-hour
PM2.5 NAAQS is protected, and EPA's analysis of the annual
standard based on the modeling provided supports that the annual
PM2.5 standard is protected. Compliance with this standard
protects the public health from short-term events such as startups and
shutdowns.
    Comment: The proposed TAOLs include no upper limits on opacity
during the specified timeframe. As such, they could potentially allow
extremely high opacity scenarios. There is no concrete restriction on
how many times AEP Rockport may startup or shutdown each unit in a
year, or even in a week. The combination of these two events raises the
potential for serious impacts on ambient air quality.
    AEP Rockport has not demonstrated it requires a wholesale exemption
from numerical opacity limits when the TAOL would apply. None of the
opacity

records show opacity reaching levels near 100 percent for two hours
during a startup. AEP assumed the ESPs would run at 60 percent
efficiency before the flue gas temperature reaches 250 [deg]F.
Furthermore, AEP Rockport claimed that 60 percent control efficiency
was a low estimate. If true, that means AEP Rockport could partially
control its opacity during the startup and shutdown periods. The TAOLs
simply grants AEP Rockport an unneeded, unjustified free pass during
the specified time period.
    Response: EPA agrees that the data indicates opacity does not
approach 100 percent opacity. The opacity readings vary in time and
opacity level, which makes setting numerical opacity limitations
impractical. While there is not a percent opacity limit, the TAOL does
provide meaningful constraints of time and temperature that the
facility must follow that limits the emissions during startup and
shutdowns. The TAOL for unit startup is only allowed until the exhaust
temperature reaches 250 [deg]F at the ESP inlet, up to a maximum of 20
six-minute averaging periods (2 hours). The TAOL for unit shutdown
begins when the exhaust temperature declines below 250 [deg]F at the
ESP inlet and goes for up to 15 six-minute averaging periods (1.5
hours).

III. What action is EPA taking?

    EPA is approving the addition of the AEP Rockport TAOL to 326 IAC
5-1-8 to the Indiana SIP. The rule provides AEP Rockport Units #1 and
Unit #2 with TAOLs under certain circumstances during unit startup and
shutdown periods. All available data support that the AEP Rockport
TAOLs are set at an appropriate level. The AEP Rockport TAOLs meet the
requirements of 326 IAC 5-1-3(d)(2). The AEP Rockport TAOLs also meet
the other requirements of 326 IAC 5-1-3(d), as approved into the
Indiana SIP.
    This action is consistent with the CAA, the Indiana SIP, and EPA
policy regarding emissions during periods of startup and shutdown.
Indiana has provided an air quality analysis demonstrating that the
PM2.5 NAAQS in Spencer County should continue to be
protected with the revision.

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Indiana
Regulations described in the amendments to 40 CFR part 52 set forth
below. Therefore, these materials have been approved by EPA for
inclusion in the State implementation plan, have been incorporated by
reference by EPA into that plan, are fully federally enforceable under
sections 110 and 113 of the CAA as of the effective date of the final
rulemaking of EPA's approval, and will be incorporated by reference by
the Director of the Federal Register in the next update to the SIP
compilation.\1\ EPA has made, and will continue to make, these
documents generally available electronically through
www.regulations.gov and/or at the EPA Region 5 Office (please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).
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    \1\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA 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 CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 29, 2016. 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 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, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.

    Dated: September 19, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

0
2. In Sec.  52.770 the table in paragraph (c) is amended by adding an
entry under ``Article 5. Opacity Regulations'' ``Rule 1. Opacity
Limitations'' for 5-1-8 in numerical order to read as follows:

Sec.  52.770  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Indiana Regulations
----------------------------------------------------------------------------------------------------------------
                                                           Indiana
        Indiana citation                Subject           effective      EPA approval date          Notes
                                                            date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                         Article 5. Opacity Regulations
                                           Rule 1. Opacity Limitations
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
5-1-8..........................  Site-specific              12/6/2014  9/30/2016, [insert
                                  temporary alternate                   Federal Register
                                  opacity limitations.                  citation].

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

* * * * *
[FR Doc. 2016-23296 Filed 9-29-16; 8:45 am]
BILLING CODE 6560-50-P


Dimethyldichlorosilane 75785 October, 2003 TRI Listed Chemicals Directly Reporting to AFS, BRS, and/ or PCS Chemical Name CAS Number AFS BRS PCS B 10 Dinitrobutyl phenol ( Dinoseb) 88857 ! !

Dinitrotoluene ( mixed isomers) 25321146 Dinocap 39300453 Diphenamid 957517 Diphenylamine 122394 Dipotassium endothall 2164070 Dipropyl isocinchomeronate 136458 Disodium cyanodithioimidocarbonate 138932 Diuron 330541 Dodine ( Dodecylguanidine monoacetate) 2439103 Epichlorohydrin 106898 ! ! !

Ethoprop 13194484 Ethyl acrylate 140885 ! !

Ethyl chloroformate 541413 Ethyl dipropylthiocarbamate ( EPTC) 759944 Ethylbenzene 100414 ! !

Ethylene 74851 !

Ethylene glycol 107211 ! !

Ethylene oxide 75218 ! !

Ethylene thiourea 96457 !

Ethyleneimine 151564 !

Ethylidene dichloride 75343 ! !

Famphur 52857 !

Fenarimol 60168889 Fenbutatin oxide 13356086 Fenoxaprop ethyl 66441234 Fenoxycarb 72490018 Fenpropathrin 39515418 Fenthion 55389 Fenvalerate 51630581 Ferbam 14484641 Fluazifop butyl 69806504 Fluometuron 2164172 Fluorine 7782414 ! !

Fluorouracil ( 5 Fluorouracil) 51218 Fluvalinate 69409945 Folpet 133073 October, 2003 TRI Listed Chemicals Directly Reporting to AFS, BRS, and/ or PCS Chemical Name CAS Number AFS BRS PCS B 11 Fomesafen 72178020 Formaldehyde 50000 ! ! !

Formic acid 64186 ! !

Freon 113 76131 ! !

Heptachlor 76448 ! !

Hexachloro 1,3 butadiene 87683 ! !

Hexachlorobenzene 118741 ! !

Hexachlorocyclopentadiene 77474 ! !

Hexachloroethane 67721 ! !

Hexachloronaphthalene 1335871 Hexachlorophene 70304 !

Hexamethylphosphoramide 680319 !

Hexazinone 51235042 Hydramethylnon 67485294 Hydrazine 302012 ! !

Hydrazine sulfate 10034932 Hydrochloric acid 7647010 Hydrogen cyanide 74908 !

Hydrogen fluoride 7664393 !

Hydrogen sulfide 7783064 ! ! !

Hydroquinone 123319 !

Imazalil 35554440 Iron pentacarbonyl 13463406 Isobutyraldehyde 78842 !

Isodrin 465736 !

Isofenphos 25311711 Isopropyl alcohol ( manufacturing strong acid process) 67630 ! !

Isosafrole 120581 !

Lactofen 77501634 Lead 7439921 ! !

Lindane 58899 ! !

Linuron 330552 Lithium carbonate 554132 m Cresol 108394 m Dinitrobenzene 99650 m Xylene 108383 !

Malathion 121755 ! October, 2003 TRI Listed Chemicals Directly Reporting to AFS, BRS, and/ or PCS Chemical Name CAS Number AFS BRS PCS B 12 Maleic anhydride 108316 ! !

Malononitrile 109773 !

Maneb 12427382 Manganese 7439965 ! !

Mecoprop 93652 Mercury 7439976 ! !

Merphos 150505 Methacrylonitrile 126987 !

Metham sodium ( Sodium methyldithiocarbamate) 137428 Methanol 67561 ! !

Methazole 20354261 Methiocarb 2032657 Methoxone 94746 Methoxone sodium salt 3653483 Methoxychlor 72435 ! !

Methyl acrylate 96333 !

Methyl chlorocarbonate 79221 !

Methyl ethyl ketone 78933 ! ! !

Methyl hydrazine 60344 !

Methyl iodide 74884 !

Methyl isobutyl ketone 108101 ! ! !

Methyl isocyanate 624839 !

Methyl isothiocyanate 556616 Methyl mercaptan 74931 !

Methyl methacrylate 80626 ! ! !

Methyl parathion 298000 !

Methyl tert butyl ether 1634044 Methylene bromide 74953 ! !

Methyltrichlorosilane 75796 Metiram 9006422 !

Metribuzin 21087649 Mevinphos 7786347 Michler's ketone 90948 Molinate 2212671 Molybdenum trioxide 1313275 Monochloropentafluoroethane { CFC 115} 76153 !

Monuron 150685 October, 2003 TRI Listed Chemicals Directly Reporting to AFS, BRS, and/ or PCS Chemical Name CAS Number AFS BRS PCS B 13 Mustard gas 505602 Myclobutanil 88671890 N, N Dimethylaniline 121697 !

N, N Dimethylformamide 68122 !

n Butyl alcohol 71363 ! !

n Hexane 110543 !

N Methyl 2 pyrrolidone 872504 N Methylolacrylamide 924425 N Nitroso N ethylurea 759739 !

N Nitroso N methylurea 684935 !

N Nitrosodi n butylamine 924163 !

N Nitrosodi n propylamine 621647 ! !

N Nitrosodiethylamine 55185 !

N Nitrosodimethylamine 62759 ! !

N Nitrosodiphenylamine 86306 !

N Nitrosomethylvinylamine 4549400 N Nitrosomorpholine 59892 N Nitrosonornicotine 16543558 N Nitrosopiperidine 100754 Nabam 142596 Naled 300765 Naphthalene 91203 ! ! !

Nickel 7440020 ! !

Nitrapyrin 1929824 Nitric acid 7697372 Nitrilotriacetic acid 139139 Nitrobenzene 98953 ! ! !

Nitrofen 1836755 Nitrogen mustard 51752 Nitroglycerin 55630 ! !

Norflurazon 27314132 Octachloronaphthalene 2234131 ortho Anisidine 90040 ortho Anisidine hydrochloride 134292 ortho Cresol 95487 ortho Dinitrobenzene 528290 ortho Toluidine 95534 ! October, 2003 TRI Listed Chemicals Directly Reporting to AFS, BRS, and/ or PCS Chemical Name CAS Number AFS BRS PCS B 14 ortho Toluidine hydrochloride 636215 !

ortho Xylene 95476 !

Oryzalin 19044883 Osmium tetroxide 20816120 !

Oxydemeton methyl 301122 Oxydiazon 19666309 Oxyfluorfen 42874033 Ozone 10028156 p Anisidine 104949 p Chloro o toluidine 95692 p Chloroaniline 106478 !

p Chlorophenyl isocyanate 104121 p Cresidine 120718 p Cresol 106445 !

p Dinitrobenzene 100254 p Nitroaniline 100016 !

p Nitrosodiphenylamine 156105 p Phenylenediamine 106503 p Xylene 106423 !

Paraldehyde 123637 !

Paraquat dichloride 1910425 Parathion 56382 ! !

Pebulate 1114712 Pendimethalin 40487421 Pentachloroethane 76017 !

Pentachlorophenol 87865 !

Pentobarbital sodium 57330 Peracetic acid 79210 Perchloromethyl mercaptan 594423 Permethrin 52645531 Phenanthrene 85018 ! !

Phenol 108952 ! ! !

Phenothrin 26002802 Phenytoin 57410 Phosgene 75445 !

Phosphine 7803512 !

Phosphoric acid 7664382 October, 2003 TRI Listed Chemicals Directly Reporting to AFS, BRS, and/ or PCS Chemical Name CAS Number AFS BRS PCS B 15 Phosphorus ( yellow or white) 7723140 ! !

Phthalic anhydride 85449 ! !

Picloram 1918021 Picric acid 88891 Piperonyl butoxide 51036 Pirimiphos methyl 29232937 Polychlorinated biphenyls 1336363 Potassium bromate 7758012 Potassium dimethyldithiocarbamate 128030 Potassium N methyldithiocarbamate 137417 Profenofos 41198087

Prometryn 7287196 Pronamide 23950585 !

Propachlor 1918167 !

Propane sultone 1120714 !

Propanil 709988 Propargite 2312358 Propargyl alcohol 107197 !

Propetamphos 31218834 Propiconazole 60207901 Propionaldehyde 123386 !

Propoxur 114261 Propylene ( Propene) 115071 !

Propylene oxide 75569 !

Propyleneimine 75558 !

Pyridine 110861 ! !

Quinoline 91225 Quinone 106514 !

Quintozene 82688 !

Quizalofop ethyl 76578148 Resmethrin 10453868 S, S, S Tributyltrithiophosphate ( DEF) 78488 Saccharin ( manufacturing) 81072 !

Safrole 94597 sec Butyl alcohol 78922 !

Selenium 7782492 ! !

Sethoxydim 74051802 October, 2003 TRI Listed Chemicals Directly Reporting to AFS, BRS, and/ or PCS Chemical Name CAS Number AFS BRS PCS B 16 Silver 7440224 ! !

Simazine 122349 Sodium azide 26628228 !

Sodium dicamba 1982690 Sodium dimethyldithiocarbamate 128041 Sodium fluoroacetate 62748 !

Sodium nitrite 7632000 !

Sodium o phenylphenoxide 132274 Sodium pentachlorophenate 131522 Styrene 100425 ! !

Styrene oxide 96093 Sulfuric acid 7664939 Sulfuryl fluoride ( Vikane) 2699798 Sulprofos 35400432 Tebuthiuron 34014181 Temephos 3383968 Terbacil 5902512 tert Butyl alcohol 75650 !

Tetrachloroethylene 127184 ! ! !

Tetrachlorvinphos 961115 Tetracycline hydrochloride 64755 Tetramethrin 7696120 Thallium 7440280 !

Thiabendazole 148798 Thioacetamide 62555 !

Thiobencarb 28249776 Thiodicarb 59669260 Thiophanate ethyl 23564069 Thiophanate methyl 23564058 Thiosemicarbazide 79196 !

Thiourea 62566 !

Thiram 137268 !

Thorium dioxide 1314201 Titanium tetrachloride 7550450 Toluene 108883 ! ! !

Toluene 2,4 diisocyanate 584849 Toluene 2,6 diisocyanate 91087 October, 2003 TRI Listed Chemicals Directly Reporting to AFS, BRS, and/ or PCS Chemical Name CAS Number AFS BRS PCS B 17 Toluenediisocyanate ( mixed isomers) 26471625 !

Toxaphene 8001352 ! !

trans 1,3 Dichloropropene 10061026 !

trans 1,4 Dichloro 2 butene 110576 Triadimefon 43121433 Triallate 2303175 Triaziquone 68768 Tribenuron methyl 101200480 Tributyltin fluoride 1983104 Tributyltin methacrylate 2155706 Trichlorfon 52686 Trichloroacetyl chloride 76028 Trichloroethylene 79016 ! ! !

Trichlorofluoromethane { CFC 11} 75694 ! ! !

Triclopyr triethylammonium salt 57213691 Triethylamine 121448 Trifluralin 1582098 Triforine 26644462 Trimethylchlorosilane 75774 Triphenyltin chloride 639587 Triphenyltin hydroxide 76879 Tris( 2,3 dibromopropyl) phosphate 126727 !

Trypan blue 72571 !

Urethane 51796 !

Vanadium ( fume or dust) 7440622 ! !

Vinclozolin 50471448 Vinyl acetate 108054 ! !

Vinyl bromide 593602 Vinyl chloride 75014 ! ! !

Vinylidene chloride 75354 ! !

Xylene ( mixed isomers) 1330207 ! ! !

Zinc ( fume or dust) 7440666 ! !

Zineb 12122677 Source: Economic Analysis of the Final Rule to Add Certain Industry Groups to EPCRA Section 313 October, 2003 B 18 Attachment B 2 TRI Listed Chemical Categories Directly Reporting to AFS, BRS, and/ or PCS Chemical Category/ Constituent CAS Number/ TRI Reference AFS BRS PCS Antimony Compounds N010 Arsenic Compounds N020 Barium Compounds N040 Beryllium Compounds N050 Cadmium Compounds N078 Chlorophenols N084 Chromium Compounds N090 Cobalt Compounds N096 Copper Compounds N100 Cyanide Compounds N106 Diisocyanates N120 1,3 Bis( methylisocyanate) cyclohexane 38861722 1,4 Bis( methylisocyanate) cyclohexane 10347543 1,4 Cyclohexane diisocyanate 25563671 Diethyldiisocyanatobenzene 134190377 4,4' Diisocyanatodiphenyl ether 41287384 2,4' Diisocyanatodiphenyl sulfide 757908732 3,3' Dimethoxybenzidine 4,4' diisocyanate 91930 3,3' Dimethyl 4,4' diphenylene diisocyanate 91974 3,3' Dimethyldiphenylmethane 4,4' diisocyanate 139253 Hexamethylene 1,6 diisocyanate 822060 Isophorone diisocyanate 4098719 4 Methyldiphenylmethane 3,4 diisocyanate 75790840 1,1 Methylene bis( 4 isocyanatocyclohexane) 5124301 Methylene bis( phenylisocyanate) ( MDI) 101688 1,5 Naphthalene diisocyanate 3173726 1,3 Phenylene diisocyanate 123615 1,4 Phenylene diisocyanate 104494 Polymeric diphenylmethane diisocyanate 9016879 2,2,4 Trimethylhexamethylene diisocyanate 16938220 2,4,4 Trimethylhexamethylene diisocyanate 15646965 Ethylenebisdithiocarbamic acid, salts and esters N171 Glycol Ethers N230 October, 2003 TRI Listed Chemical Categories Directly Reporting to AFS, BRS, and/ or PCS Chemical Category/ Constituent CAS Number/ TRI Reference AFS BRS PCS B 19 Lead Compounds N420 Manganese Compounds N450 Mercury Compounds N458 Nickel Compounds N495 Nicotine and salts N503 Nitrate compounds ( water dissociable) N511 !

Polybrominated Biphenyls ( PBBs) N575 Polychlorinated alkanes N583 Polycyclic aromatic compounds ( following chemicals only) * N590 Benz( a) anthracene 56553 ! ! !

Benzo( a) phenanthrene 218019 ! !

Benzo( a) pyrene 50328 ! ! !

Benzo( b) fluoranthene 205992! !

Benzo( j) fluoranthene 205823 Benzo( k) fluoranthene 207089! !

Benzo( rst) pentaphene 189559 !

Dibenz( a, h) acridine 226368 Dibenz( a, j) acridine 224420 Dibenzo( a, h) anthracene 53703 ! !

Dibenzo( a, e) fluoranthene 5385751 Dibenzo( a, e) pyrene 192654 Dibenzo( a, h) pyrene 189640 Dibenzo( a, l) pyrene 191300 7H Dibenzo( c, g) carbazole 194592 7,12 Dimethylbenz( a) anthracene 57976 !

Indeno[ 1,2,3 cd] pyrene 193395 5 Methylchrysene 3697243 ! ! !

1 Nitropyrene 5522430 Selenium Compounds N725 Silver Compounds N740 Strychnine and salts N746 Thallium Compounds N760 Warfarin and salts N874 Zinc Compounds N982 Source: Source: Economic Analysis of the Final Rule to Add Certain Industry Groups to EPCRA Section 313 October, 2003 B 20 October, 2003 B 21 ATTACHMENT B 3 Public Access to EPA Databases This section describes some of the various avenues of access available to public users of TRI and other databases. Electronic as well as conventional information sources are included in the discussion.

TOXICS RELEASE INVENTORY ( TRI)

EPA has spent considerable effort and resources to make TRI available to the public. The various methods through which a concerned citizen can access TRI include:

On Line Resources Internet access to TRI data is available from the EPA World Wide Web ( WWW) server at http:// www. epa. gov/, through the ENVIROFACTS system ( described below). The Right to Know Computer Network ( RTK NET) provides free public access to TRI as well as several other environmental and governmental databases ( and is also described below). The National Library of Medicine ( NLM) TOXNET System is an on line system offering on line searching of the TRI database. TOXNET was designed to be easy to use by persons with limited computer experience, and can be reached via either dial up or Internet.

Electronic media The TRI CD ROM contains the complete national TRI, starting with the first inventory in 1987. Chemical Fact Sheets ( formerly TRI FACTS) containing reference material on the health and ecological effects of the regulated substances are also available on the same CD ROM. Contact/ Availability: NTIS, Government Printing Office ( GPO), EPA National Service Center for Environmental Publications ( NSCEP), Federal Depository Libraries, EPA Regional Offices.

The NESE DB ( National Economics, Social and Environmental Data Bank) CD ROM includes the TRI state data and the national public data file on CD ROM. The disc is produced quarterly by the Department of Commerce and provides access to socio economic as well as environmental statistics and information. The data are gathered from over 15 federal agencies. Contact/ Availability: Department of Commerce, selected federal depository libraries.

Diskettes: Requesters can select diskettes by state or for the entire US in DBASE III format. Diskettes are accompanied by documentation. Contact/ Availability: GPO, EPA Internet site.

Printed media TRI Reports: EPA assembles several detailed annual reports providing summaries, analyses, and comparison of TRI data by year. The reports summarize data on total releases and transfers of TRI October, 2003 17 See Section 5( a) of this supporting statement for a more detailed discussion of FINDS. 18. CERCLIS, or the Comprehensive Environmental Response Compensation and Liability Information System, tracks information collected under CERCLA. CERCLIS contains Superfund data on hazardous waste site assessment and remediation, including data on active sites from point of discovery to listing on the National Priorities List through completion of remedial and response actions. ( U. S. EPA, 1995f) 19 RCRIS, or the Resource Conservation and Recovery Information System, is used primarily to track entities regulated under RCRA Subtitle C ( hazardous waste handlers). RCRIS includes data on general handler information, permit or closure status, compliance with federal and state regulations, and cleanup activities. ( U. S. EPA, 1995f) 20 SDWIS, or the Safe Drinking Water Information System contains information about public water systems and their violations of EPA's drinking water regulations. These statutes and accompanying regulations establish maximum contaminant levels, treatment techniques, and monitoring and reporting requirements to ensure that water provided to customers is safe for human consumption.

B 22 chemicals; geographic distribution of TRI releases and transfers; industrial patterns of releases and transfers; the interstate and intrastate transport of wastes and other kinds of analyses. Contact: EPCRA Information Hotline, NSCP, EPA Internet site.

OTHER ENVIRONMENTAL DATABASES On Line Resources The Environmental Protection Agency ( EPA) created the Envirofacts Warehouse ( http:// www. epa. gov/ enviro/ index_ java. html) to provide the public with direct access to the Agency's databases. The Envirofacts Warehouse allows users to retrieve environmental information from EPA databases on Air, Chemicals, Facility Information, Grants/ Funding, Hazardous Waste, Spatial Data, Superfund, Toxic Releases, and Water Permits and Drinking Water. Users may retrieve information from several databases at once, or from one database at a time. They may use online queries to retrieve data from these sources and create reports, or generate maps of environmental information by selecting from several mapping applications available through EPA's Maps On Demand.

ENVIROFACTS is a relational database that integrates data from several major EPA program systems, as well as the Facility Indexing System ( FINDS) and the ENVIROFACTS Master Chemical Integrator ( ECMI), which is a cross reference index of chemical data reported in the program systems. ENVIROFACTS allows the user to perform queries that integrate facility data from the multiple databases based on their FINDS IDs. 14 ENVIROFACTS includes monthly updated data available under the Freedom of Information Act. No enforcement or budget sensitive information is contained in ENVIROFACTS. Databases include:

AFS BRS PCS CERCLIS15 TRIS RCRIS16 SDWIS17 FINDS ENVIROFACTS Master Chemical Integrator ( EMCI) October, 2003 B 23 In addition to ENVIROFACTS, The EPA World Wide Web ( WWW) site provides access to other release and transfer databases, including:

AIRS Executive: AIRS Executive is a software package designed for easy access and presentation of some of the most frequently used data in AIRS. The whole software package and the monthly data updates are downloadable from the EPA WWW site ( http:// www. epa. gov/ airs/ aexec. html). However, it does not contain the extensive air pollution data found in AIRS proper, which is available on the EPA mainframe.

BRS Hazardous Waste Reports and Data Files: The BRS data is contained in self extracting zipped flat files and are also downloadable from the EPA WWW site. At the time of this writing, the most current version of the report is based on the 1997 BRS data, and can be accessed at http:// www. epa. gov/ docs/ OSWRCRA/ hazwaste/ data/. The data files themselves are also available on the WWW site, although expanding a year's worth of BRS data requires over 200 MB of disk space. In addition, a software package such as SAS is necessary for manageable data manipulation. Hard copies of the National Biennial RCRA Hazardous Waste Report are also available from NTIS.

The Right to Know Computer Network ( RTK NET) is an online service run by OMB Watch and the Unison Institute. RTK NET offers free access to multiple health and environmental databases, including:

ARIP Accidental Release Information Program BRS Biennial Reporting System DOCKET Criminal and Enforcement Dockets FINDS Facility Indexing System PCS Permit Compliance System TRI Toxics Release Inventory CERCLIS CERCLA Information System ERNS Emergency Response Notification System TSCATS Toxic Substances Control Act Submissions RCRIS Resource Conservation and Recovery Act Information System Data within RTK Net is only that which is publicly accessible by other means. In other words, no CBI is included. Access is free. RTK NET can be reached via dialup or Internet ( www. rtk. net).

Resources on the EPA Mainframe include the following databases:

AFS AIRS Facility Subsystem BRS Biennial Reporting System CERCLIS CERCLA Information System DOCKET Criminal and Enforcement Dockets October, 2003 B 24 DUNS Dun and Bradstreet Marketing Services  Identifier File ERNS Emergency Response Notification System FFIS Federal Facilities Information System FINDS Facility Indexing System PCS Permit Compliance System RCRIS Resource Conservation and Recovery Information System TRI Toxics Release Inventory Selected data fields from these and other databases are linked together at the facility level through IDEA ( Integrated Data for Enforcement Analysis). A more detailed description of IDEA can be found in Section 5( a) of this supporting statement.

ERNS can also be reached through the Department of Transportation's ( DOT) VAX minicomputer in Cambridge MA. Online access is restricted to EPA and other authorized federal governmental personnel. EPA's Emergency Response Division in the Office of Emergency and Remedial Response provides fact sheets, hard copies, diskettes, or tapes of requested information.

Other Resources The Freedom of Information Act ( FOIA) is another mechanism that can be utilized by the public to request information from EPA. A FOIA is a written request for records held or believed to be held by EPA where a record is defined as any existing document, memorandum, report, photograph, sound or magnetic recording, computer tape, drawing, or other medium in which information has been preserved. FOIAs are usually utilized when there are not other direct methods, such as hotlines or clearinghouses, available through which the public can request the information. EPA will release the requested information unless it falls under one of the following nine exemptions:

Matters of national defense or foreign policy. Internal Agency rules. Information exempted by other statutes. Trade secrets, commercial, or financial information Confidential Business Information ( CBI). Privileged inter or intra Agency memoranda. Personal privacy. Records or information compiled for law enforcement purposes. Records of financial institutions. Geographical or geophysical information and data concerning wells.

FOIA authorizes EPA to charge requesters the direct cost for any searching, reviewing, and duplication required to respond to the request if these costs exceed $ 25.00.

The National Technical Information Service ( NTIS), a component of the Department of Commerce, is used extensively by many EPA system managers to make information available to the public. NTIS, by law, is self supporting and sells its products and services to users on a cost recovery basis. NTIS reproduces and sells the material created by EPA which includes publications, diskettes, CD ROMs, October, 2003 B 25 magnetic tapes, and video tapes. To search online for environmental reports, NTIS's Bibliographic Database is offered through various commercial services. In addition, NTIS publishes a twice monthly subscription, the NTIS Alert on Environmental Pollution & Control. This subscription provides summaries of newly issued environmental reports and studies released by Government agencies. NTIS offers several EPA databases on computer tape and CD ROM. Some of the databases are text only, requiring the user to provide their own search and retrieval software.

Available databases include:

CERCLIS CERCLA Information System ( text only) ERNS Emergency Response Notification System ( text only) FINDS Facility Indexing System ( text only) ISI Information Systems Inventory ( an inventory of inventories) IRIS Integrated Risk Information System PCS Permit Compliance System RCRIS ExtractsRCRA Information System TRI Toxics Release Inventory ( CD ROM) TSCA Inventory Toxic Substances Control Act Chemical Substances Inventory October, 2003 ATTACHMENT C Emergency Planning and Community Right to Know Act of 1986, Section 313 ( 42 U. S. C. A. Section 1023) October, 2003 C 1 EMERGENCY PLANNING AND COMMUNITY RIGHT TO KNOW ACT SECTION 313 UNITED STATES CODE TITLE 42  THE PUBLIC HEALTH AND WELFARE CHAPTER 116  EMERGENCY PLANNING AND COMMUNITY RIGHT TO KNOW SUBCHAPTER I  EMERGENCY PLANNING AND NOTIFICATION § 11023. Toxic chemical release forms ( a) Basic requirement The owner or operator of a facility subject to the requirements of this section shall complete a toxic chemical release form as published under subsection ( g) of this section for each toxic chemical listed under subsection ( c) of this section that was manufactured, processed, or otherwise used in quantities exceeding the toxic chemical threshold quantity established by subsection ( f) of this section during the preceding calendar year at such facility. Such form shall be submitted to the Administrator and to an official or officials of the State designated by the Governor on or before July 1, 1988, and annually thereafter on July 1 and shall contain data reflecting releases during the preceding calendar year.

( b) Covered owners and operators of facilities ( 1) In general ( A) The requirements of this section shall apply to owners and operators of facilities that have 10 or more full time employees and that are in Standard Industrial Classification Codes 20 through 39 ( as in effect on July 1, 1985) and that manufactured, processed, or otherwise used a toxic chemical listed under subsection ( c) of this section in excess of the quantity of that toxic chemical established under subsection ( f) of this section during the calendar year for which a release form is required under this section. ( B) The Administrator may add or delete Standard Industrial Classification Codes for purposes of subparagraph ( A), but only to the extent necessary to provide that each Standard Industrial Code to which this section applies is relevant to the purposes of this section. ( C) For purposes of this section  ( i) The term " manufacture" means to produce, prepare, import, or compound a toxic chemical. ( ii) The term " process" means the preparation of a toxic chemical, after its manufacture, for distribution in commerce  ( I) in the same form or physical state as, or in a different form or physical state from, that in which it was received by the person so preparing such chemical, or ( II) as part of an article containing the toxic chemical. October, 2003 C 2 ( 2) Discretionary application to additional facilities The Administrator, on his own motion or at the request of a Governor of a State ( with regard to facilities located in that State), may apply the requirements of this section to the owners and operators of any particular facility that manufactures, processes, or otherwise uses a toxic chemical listed under subsection ( c) of this section if the Administrator determines that such action is warranted on the basis of toxicity of the toxic chemical, proximity to other facilities that release the toxic chemical or to population centers, the history of releases of such chemical at such facility, or such other factors as the Administrator deems appropriate.

( c) Toxic chemicals covered The toxic chemicals subject to the requirements of this section are those chemicals on the list in Committee Print Number 99 169 of the Senate Committee on Environment and Public Works, titled " Toxic Chemicals Subject to Section 313 of the Emergency Planning and Community Right To Know Act of 1986" ( 42 U. S. C. 11023) ( including any revised version of the list as may be made pursuant to subsection ( d) or ( e) of this section).

( d) Revisions by Administrator ( 1) In general The Administrator may by rule add or delete a chemical from the list described in subsection ( c) of this section at any time.

( 2) Additions A chemical may be added if the Administrator determines, in his judgment, that there is sufficient evidence to establish any one of the following: ( A) The chemical is known to cause or can reasonably be anticipated to cause significant adverse acute human health effects at concentration levels that are reasonably likely to exist beyond facility site boundaries as a result of continuous, or frequently recurring, releases. ( B) The chemical is known to cause or can reasonably be anticipated to cause in humans  ( i) cancer or teratogenic effects, or ( ii) serious or irreversible  ( I) reproductive dysfunctions, ( II) neurological disorders, ( III) heritable genetic mutations, or ( IV) other chronic health effects. ( C) The chemical is known to cause or can reasonably be anticipated to cause, because of  ( i) its toxicity, October, 2003 C 3 ( ii) its toxicity and persistence in the environment, or ( iii) its toxicity and tendency to bioaccumulate in the environment, a significant adverse effect on the environment of sufficient seriousness, in the judgment of the Administrator, to warrant reporting under this section. The number of chemicals included on the list described in subsection C of this section on the basis of the preceding sentence may constitute in the aggregate no more than 25 percent of the total number of chemicals on the list. A determination under this paragraph shall be based on generally accepted scientific principles or laboratory tests, or appropriately designed and conducted epidemiological or other population studies, available to the Administrator.

( 3) Deletions A chemical may be deleted if the Administrator determines there is not sufficient evidence to establish any of the criteria described in paragraph ( 2).

( 4) Effective date Any revision made on or after January 1 and before December 1 of any calendar year shall take effect beginning with the next calendar year. Any revision made on or after December 1 of any calendar year and before January 1 of the next calender year shall take effect beginning with the calendar year following such next calendar year.

( e) Petitions ( 1) In general Any person may petition the Administrator to add or delete a chemical from the list described in subsection ( c) of this section on the basis of the criteria in subparagraph ( A) or ( B) of subsection ( d)( 2) of this section. Within 180 days after receipt of a petition, the Administrator shall take one of the following actions: ( A) Initiate a rulemaking to add or delete the chemical to the list, in accordance with subsection ( d)( 2) or ( d)( 3) of this section. ( B) Publish an explanation of why the petition is denied.

( 2) Governor petitions A State Governor may petition the Administrator to add or delete a chemical from the list described in subsection ( c) of this section on the basis of the criteria in subparagraph ( A), ( B), or ( c) of subsection ( d)( 2) of this section. In the case of such a petition from a State Governor to delete a chemical, the petition shall be treated in the same manner as a petition received under paragraph ( 1) to delete a chemical. In the case of such a October, 2003 C 4 petition from a State Governor to add a chemical, the chemical will be added to the list within 180 days after receipt of the petition, unless the Administrator  ( A) initiates a rulemaking to add the chemical to the list, in accordance with subsection ( d)( 2) of this section, or ( B) publishes an explanation of why the Administrator believes the petition does not meet the requirements of subsection ( d)( 2) of this section for adding a chemical to the list.

( f) Threshold for reporting ( 1) Toxic chemical threshold amount The threshold amounts for purposes of reporting toxic chemicals under this section are as follows: ( A) With respect to a toxic chemical used at a facility, 10,000 pounds of the toxic chemical per year. ( B) With respect to a toxic chemical manufactured or processed at a facility  ( i) For the toxic chemical release form required to be submitted under this section on or before July 1, 1988, 75,000 pounds of the toxic chemical per year. ( ii) For the form required to be submitted on or before July 1, 1989, 50,000 pounds of the toxic chemical per year. ( iii) For the form required to be submitted on or before July 1, 1990, and for each form thereafter, 25,000 pounds of the toxic chemical per year.

( 2) Revisions The Administrator may establish a threshold amount for a toxic chemical different from the amount established by paragraph ( 1). Such revised threshold shall obtain reporting on a substantial majority of total releases of the chemical at all facilities subject to the requirements of this section. The amounts established under this paragraph may, at the Administrator's discretion, be based on classes of chemicals or categories of facilities.

( g) Form ( 1) Information required Not later than June 1, 1987, the Administrator shall publish a uniform toxic chemical release form for facilities covered by this section. If the Administrator does not publish such a form, owners and operators of facilities subject to the requirements of this section shall provide the information required under this subsection by letter postmarked on or before the date on which the form is due. Such form shall  ( A) provide for the name and location of, and principal business activities at, the facility; October, 2003 C 5 ( B) include an appropriate certification, signed by a senior official with management responsibility for the person or persons completing the report, regarding the accuracy and completeness of the report; and ( C) provide for submission of each of the following items of information for each listed toxic chemical known to be present at the facility: ( i) Whether the toxic chemical at the facility is manufactured, processed, or otherwise used, and the general category or categories of use of the chemical. ( ii) An estimate of the maximum amounts ( in ranges) of the toxic chemical present at the facility at any time during the preceding calendar year. ( iii) For each waste stream, the waste treatment or disposal methods employed, and an estimate of the treatment efficiency typically achieved by such methods for that waste stream. ( iv) The annual quantity of the toxic chemical entering each environmental medium.

( 2) Use of available data In order to provide the information required under this section, the owner or operator of a facility may use readily available data ( including monitoring data) collected pursuant to other provisions of law, or, where such data are not readily available, reasonable estimates of the amounts involved. Nothing in this section requires the monitoring or measurement of the quantities, concentration, or frequency of any toxic chemical released into the environment beyond that monitoring and measurement required under other provisions of law or regulation. In order to assure consistency, the Administrator shall require that data be expressed in common units.

( h) Use of release form The release forms required under this section are intended to provide information to the Federal, State, and local governments and the public, including citizens of communities surrounding covered facilities. The release form shall be available, consistent with section 11044( a) of this title, to inform persons about releases of toxic chemicals to the environment; to assist governmental agencies, researchers, and other persons in the conduct of research and data gathering; to aid in the development of appropriate regulations, guidelines, and standards; and for other similar purposes.

( i) Modifications in reporting frequency ( 1) In general The Administrator may modify the frequency of submitting a report under this section, but the Administrator may not modify the frequency to be any October, 2003 C 6 more often than annually. A modification may apply, either nationally or in a specific geographic area, to the following: ( A) All toxic chemical release forms required under this section. ( B) A class of toxic chemicals or a category of facilities. ( C) A specific toxic chemical. ( D) A specific facility.

( 2) Requirements A modification may be made under paragraph ( 1) only if the Administrator  ( A) makes a finding that the modification is consistent with the provisions of subsection ( h) of this section, based on  ( i) experience from previously submitted toxic chemical release forms, and ( ii) determinations made under paragraph ( 3), and ( B) the finding is made by a rulemaking in accordance with section 553 of title 5.

( 3) Determinations The Administrator shall make the following determinations with respect to a proposed modification before making a modification under paragraph ( 1):

( A) The extent to which information relating to the proposed modification provided on the toxic chemical release forms has been used by the Administrator or other agencies of the Federal Government, States, local governments, health professionals, and the public. ( B) The extent to which the information is ( i) readily available to potential users from other sources, such as State reporting programs, and ( ii) provided to the Administrator under another Federal law or through a State program. ( C) The extent to which the modification would impose additional and unreasonable burdens on facilities subject to the reporting requirements under this section.

( 4) 5 year review Any modification made under this subsection shall be reviewed at least once every 5 years. Such review shall examine the modification and ensure that the requirements of paragraphs ( 2) and ( 3) still justify continuation of the modification. Any change to a modification reviewed under this paragraph shall be made in accordance with this subsection.

( 5) Notification to Congress The Administrator shall notify Congress of an intention to initiate a rulemaking for a modification under this subsection. After such October, 2003 C 7 notification, the Administrator shall delay initiation of the rulemaking for at least 12 months, but no more than 24 months, after the date of such notification.

( 6) Judicial review In any judicial review of a rulemaking which establishes a modification under this subsection, a court may hold unlawful and set aside agency action, findings, and conclusions found to be unsupported by substantial evidence.

( 7) Applicability A modification under this subsection may apply to a calendar year or other reporting period beginning no earlier than January 1, 1993.

( 8) Effective date Any modification made on or after January 1 and before December 1 of any calendar year shall take effect beginning with the next calendar year. Any modification made on or after December 1 of any calendar year and before January 1 of the next calendar year shall take effect beginning with the calendar year following such next calendar year.

( j) EPA management of data The Administrator shall establish and maintain in a computer data base a national toxic chemical inventory based on data submitted to the Administrator under this section. The Administrator shall make these data accessible by computer telecommunication and other means to any person on a cost reimbursable basis.

( k) Report Not later than June 30, 1991, the Comptroller General, in consultation with the Administrator and appropriate officials in the States, shall submit to the Congress a report including each of the following: ( 1) A description of the steps taken by the Administrator and the States to implement the requirements of this section, including steps taken to make information collected under this section available to and accessible by the public. ( 2) A description of the extent to which the information collected under this section has been used by the Environmental Protection Agency, other Federal agencies, the States, and the public, and the purposes for which the information has been used. ( 3) An identification and evaluation of options for modifications to the requirements of this section for the purpose of making information collected under this section more useful. October, 2003 C 8 ( l) Mass balance study ( 1) In general The Administrator shall arrange for a mass balance study to be carried out by the National Academy of Sciences using mass balance information collected by the Administrator under paragraph ( 3). The Administrator shall submit to Congress a report on such study no later than 5 years after October 17, 1986.

( 2) Purposes The purposes of the study are as follows: ( A) To assess the value of mass balance analysis in determining the accuracy of information on toxic chemical releases. ( B) To assess the value of obtaining mass balance information, or portions thereof, to determine the waste reduction efficiency of different facilities, or categories of facilities, including the effectiveness of toxic chemical regulations promulgated under laws other than this chapter. ( C) To assess the utility of such information for evaluating toxic chemical management practices at facilities, or categories of facilities, covered by this section. ( D) To determine the implications of mass balance information collection on a national scale similar to the mass balance information collection carried out by the Administrator under paragraph ( 3), including implications of the use of such collection as part of a national annual quantity toxic chemical release program.

( 3) Information collection ( A) The Administrator shall acquire available mass balance information from States which currently conduct ( or during the 5 years after October 17, 1986 initiate) a mass balance oriented annual quantity toxic chemical release program. If information from such States provides an inadequate representation of industry classes and categories to carry out the purposes of the study, the Administrator also may acquire mass balance information necessary for the study from a representative number of facilities in other States. ( B) Any information acquired under this section shall be available to the public, except that upon a showing satisfactory to the Administrator by any person that the information ( or a particular part thereof) to which the Administrator or any officer, employee, or representative has access under this section if made public would divulge information entitled to protection under section 1905 of title 18, such information or part shall be considered confidential in accordance with the purposes of that section, except that such information or part may be disclosed to other officers, employees, or authorized representatives of the United States concerned with carrying out this section. October, 2003 C 9 ( C) The Administrator may promulgate regulations prescribing procedures for collecting mass balance information under this paragraph. ( D) For purposes of collecting mass balance information under subparagraph ( A), the Administrator may require the submission of information by a State or facility.

( 4) Mass balance definition For purposes of this subsection, the term " mass balance" means an accumulation of the annual quantities of chemicals transported to a facility, produced at a facility, consumed at a facility, used at a facility, accumulated at a facility, released from a facility, and transported from a facility as a waste or as a commercial product or byproduct or component of a commercial product or byproduct. October, 2003 ATTACHMENT D Pollution Prevention Act ( 42 U. S. C. A. Sections 13101 13109) October, 2003 D 2 POLLUTION PREVENTION ACT SECTION 6607 UNITED STATES CODE TITLE 42  THE PUBLIC HEALTH AND WELFARE CHAPTER 133  POLLUTION PREVENTION § 13106. Source reduction and recycling data collection ( a) Reporting requirements Each owner or operator of a facility required to file an annual toxic chemical release form under section 11023 of this title for any toxic chemical shall include with each such annual filing a toxic chemical source reduction and recycling report for the preceding calendar year. The toxic chemical source reduction and recycling report shall cover each toxic chemical required to be reported in the annual toxic chemical release form filed by the owner or operator under section 11023( c) of this title. This section shall take effect with the annual report filed under section 11023 of this title for the first full calendar year beginning after November 5, 1990.

( b) Items included in report The toxic chemical source reduction and recycling report required under subsection ( a) of this section shall set forth each of the following on a facility by facility basis for each toxic chemical:

. ( 1) The quantity of the chemical entering any waste stream ( or otherwise released into the environment) prior to recycling, treatment, or disposal during the calendar year for which the report is filed and the percentage change from the previous year. The quantity reported shall not include any amount reported under paragraph ( 7). When actual measurements of the quantity of a toxic chemical entering the waste streams are not readily available, reasonable estimates should be made based on best engineering judgment ( 2) The amount of the chemical from the facility which is recycled ( at the facility or elsewhere) during such calendar year, the percentage change from the previous year, and the process of recycling used. ( 3) The source reduction practices used with respect to that chemical during such year at the facility. Such practices shall be reported in accordance with the following categories unless the Administrator finds other categories to be more appropriate. ( A) Equipment, technology, process, or procedure modifications. ( B) Reformulation or redesign of products. ( C) Substitution of raw materials. ( D) Improvement in management, training, inventory control, materials handling, or other general operational phases of industrial facilities. ( 4) The amount expected to be reported under paragraph ( 1) and ( 2) for the two calendar years immediately following the calendar year for which the report is filed. October, 2003 D 3 Such amount shall be expressed as a percentage change from the amount reported in paragraphs ( 1) and ( 2). ( 5) A ratio of production in the reporting year to production in the previous year. The ratio should be calculated to most closely reflect all activities involving the toxic chemical. In specific industrial classifications subject to this section, where a feedstock or some variable other than production is the primary influence on waste characteristics or volumes, the report may provide an index based on that primary variable for each toxic chemical. The Administrator is encouraged to develop production indexes to accommodate individual industries for use on a voluntary basis. ( 6) The techniques which were used to identify source reduction opportunities. Techniques listed should include, but are not limited to, employee recommendations, external and internal audits, participative team management, and material balance audits. Each type of source reduction listed under paragraph ( 3) should be associated with the techniques or multiples of techniques used to identify the source reduction technique. ( 7) The amount of any toxic chemical released into the environment which resulted from a catastrophic event, remedial action, or other one time event, and is not associated with production processes during the reporting year. ( 8) The amount of the chemical from the facility which is treated ( at the facility or elsewhere) during such calendar year and the percentage change from the previous year. For the first year of reporting under this subsection, comparison with the previous year is required only to the extent such information is available.

( c) SARA provisions The provisions of sections 11042, 11045( c), and 11046 of this title shall apply to the reporting requirements of this section in the same manner as to the reports required under section 11023 of this title. The Administrator may modify the form required for purposes of reporting information under section 11023 of this title to the extent he deems necessary to include the additional information required under this section.

( d) Additional optional information Any person filing a report under this section for any year may include with the report additional information regarding source reduction, recycling, and other pollution control techniques in earlier years.

( e) Availability of data Subject to section 11042 of this title, the Administrator shall make data collected under this section publicly available in the same manner as the data collected under section 11023 of this title. October, 2003 ATTACHMENT E 40 CFR Part 372 Toxic Chemical Release Reporting: Community Right to Know October, 2003 E 1 TITLE 40 PROTECTION OF ENVIRONMENT CHAPTER I ENVIRONMENTAL PROTECTION AGENCY PART 372 TOXIC CHEMICAL RELEASE REPORTING: COMMUNITY RIGHT TO KNOW Subpart A General Provisions Sec. 372.10 Recordkeeping.

( d) Each owner or operator who determines that the owner operator may apply the alternate threshold as specified under Sec. 372.27( a) must retain the following records for a period of 3 years from the date of the submission of the certification statement as required under Sec. 372.27( b): ( 1) A copy of each certification statement submitted by the person under Sec. 372.27( b). ( 2) All supporting materials and documentation used by the person to make the compliance determination that the facility or establishment is eligible to apply the alternate threshold as specified in Sec. 372.27. ( 3) Documentation supporting the certification statement submitted under Sec. 372.27( b) including: ( i) Data supporting the determination of whether the alternate threshold specified under Sec. 372.27( a) applies for each toxic chemical. ( ii) Documentation supporting the calculation of annual reportable amount, as defined in Sec. 372.27( a), for each toxic chemical, including documentation supporting the calculations and the calculations of each data element combined for the annual reportable amount. ( iii) Receipts or manifests associated with the transfer of each chemical in waste to off site locations. October, 2003 E 1 Subpart B Reporting Requirements Sec. 372.27 Alternate threshold and certification.

( a) With respect to the manufacture, process, or otherwise use of a toxic chemical, the owner or operator of a facility may apply an alternate threshold of 1 million pounds per year to that chemical if the owner or operator calculates that the facility would have an annual reportable amount of that toxic chemical not exceeding 500 pounds for the combined total quantities released at the facility, disposed within the facility, treated at the facility ( as represented by amounts destroyed or converted by treatment processes), recovered at the facility as a result of recycle operations, combusted for the purpose of energy recovery at the facility, and amounts transferred from the facility to off site locations for the purpose of recycle, energy recovery, treatment, and/ or disposal. These volumes correspond to the sum of amounts reportable for data elements on EPA Form R ( EPA Form 9350 1; Rev. 12/ 4/ 93) as Part II column B or sections 8.1 ( quantity released), 8.2 ( quantity used for energy recovery on site), 8.3 ( quantity used for energy recovery off site), 8.4 ( quantity recycled on site), 8.5 ( quantity recycled off site), 8.6 ( quantity treated on site), and 8.7 ( quantity treated off site).

( b) If an owner or operator of a facility determines that the owner or operator may apply the alternate reporting threshold specified in paragraph ( a) of this section for a specific toxic chemical, the owner or operator is not required to submit a report for that chemical under Sec. 372.30, but must submit a certification statement that contains the information required in Sec. 372.95. The owner or operator of the facility must also keep records as specified in Sec. 372.10( d).

( c) Threshold determination provisions of Sec. 372.25 and exemptions pertaining to threshold determinations in Sec. 372.38 are applicable to the determination of whether the alternate threshold has been met.

( d) Each certification statement under this section for activities involving a toxic chemical that occurred during a calendar year at a facility must be submitted to EPA and to the State in which the facility is located on or before July 1 of the next year. October, 2003 E 1 Subpart E Forms and Instructions Sec. 372.95 Alternate threshold certification and instructions.

( a) Availability of the alternate threshold certification statement and instructions. Availability of the alternate threshold certification statement and instructions is the same as provided in Sec. 372.85( a) for availability of the reporting form and instructions.

( b) Alternate threshold certification statement elements. The following information must be reported on an alternate threshold certification statement pursuant to Sec. 372.27( b): ( 1) Reporting year. ( 2) An indication of whether the chemical identified is being claimed as trade secret. ( 3) Chemical name and CAS number ( if applicable) of the chemical, or the category name. ( 4) Signature of a senior management official certifying the following: pursuant to 40 CFR 372.27,    I hereby certify that to the best of my knowledge and belief for the toxic chemical listed in this statement, the annual reportable amount, as defined in 40 CFR 372.27( a), did not exceed 500 pounds for this reporting year and that the chemical was manufactured, or processed, or otherwise used in an amount not exceeding 1 million pounds during this reporting year.'' ( 5) Date signed. ( 6) Facility name and address. ( 7) Mailing address of the facility if different than paragraph ( b)( 6) of this section. ( 8) Toxic chemical release inventory facility identification number if known. ( 9) Name and telephone number of a technical contact. ( 10) The four digit SIC codes for the facility or establishments in the facility. ( 11) Latitude and longitude coordinates for the facility. ( 12) Dun and Bradstreet Number of the facility. ( 13) EPA Identification Number( s) ( RCRA) I. D. Number( s) of the facility. ( 14) Facility NPDES Permit Number( s). ( 15) Underground Injection Well Code ( UIC) I. D. Number( s) of the facility. ( 16) Name of the facility's parent company. ( 17) Parent company's Dun and Bradstreet Number. October, 2003 F 1 ATTACHMENT F Toxic Chemical Release Inventory Reporting Forms and Instructions Revised 2001 Version ( EPA 260 B 02 001)

( Note: This document is available only electronically on the TRI website at http:// www. epa. gov/ tri/ report/ index. htm# updates, ) October, 2003 G 1 ATTACHMENT G Proposed Form R ( OMB 2070 0093)


[Federal Register: December 12, 2005 (Volume 70, Number 237)]
[Notices]
[Page 73469-73470]
[DOCID:fr12de05-68]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Application for Non-Project Use of Project Lands and
Waters and Soliciting Comments, Motions To Intervene, and Protests

December 6, 2005.
    Take notice that the following application has been filed with the
Commission and is available for public inspection:
    a. Application Type: Non-Project Use Of Project Lands and Waters.
    b. Project No: 2146-112.
    c. Date Filed: November 14, 2005.
    d. Applicant: Alabama Power Company.
    e. Name of Project: The Coosa River Project, which includes the
Weiss Lake development.
    f. Location: The proposed action will take place at the Weiss Lake
development at Kessler's Subdivision on Three Mile Creek, which is
located in Cherokee County, Alabama approximately 21 stream miles above
the Weiss powerhouse.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a) 825(r)
and 799 and 801.
    h. Applicant Contact: Mr. Keith E. Bryant, Sr. Engineer; Alabama
Power Company Hydro Services; 600 18th Street North, Birmingham, AL
35203;<PHONE_NUMBER>.
    i. FERC Contact: Any questions on this notice should be addressed
to Lesley Kordella at<PHONE_NUMBER>, or by e-mail:
<EMAIL_ADDRESS>
    j. Deadline for filing comments and or motions: January 3, 2006.
    All documents (original and eight copies) should be filed with: Ms.
Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington DC 20426. Please include the project
number (P-2146-112) on any comments or motions filed. Comments,
protests, and interventions may be filed electronically via the
internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the
instructions on the Commission's Web site under the ``e-Filing'' link.
The Commission strongly encourages e-filings.

    k. Description of Request: The licensee has requested Commission
approval to construct a 22 slip boat house and boat ramp for use by
individual owners of the Kessler subdivision on Three Mile Creek. The
proposed dock structure and boat ramp would be located on a community
access waterfront lot at the east end of the subdivision, which
consists of approximately 90 feet of shoreline. The proposed boat dock
would be constructed of treated lumber and supported on driven piles.
The proposed boat ramp is to be a single land ramp constructed of
concrete. Minimal grading is expected. There will be no septic tanks or
field lines, or facilities for fueling or sewage pump out. There will
be no dredging during construction and the boat dock structure will be
built on site.
    l. Location of the Application: This filing is available for review
at the Commission or may be viewed on the Commission's web site at
http://www.ferc.gov, using the ``eLibrary'' link. Enter the docket

number excluding the last three digits in the docket number field to
access the document. For assistance, contact FERC Online Support at
<EMAIL_ADDRESS>or toll-free at<PHONE_NUMBER>, or for TTY,

contact<PHONE_NUMBER>.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210,
385.211, 385.214. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Responsive Documents: Any filings must
bear in all capital letters the title ``COMMENTS'', ``RECOMMENDATIONS
FOR TERMS AND CONDITIONS'', ``PROTEST'', OR ``MOTION TO INTERVENE'', as
applicable, and the Project Number of the particular application to
which the filing refers. A copy of any motion to intervene must also be
served upon each representative of the Applicant specified in the
particular application.
    p. Agency Comments: Federal, state, and local agencies are invited
to file comments on the described applications. A copy of the
applications may be obtained by agencies directly from the Applicant.
If an agency does not file comments within the time specified for
filing comments, it will be presumed to have no comments. One copy of
an agency's comments must also be sent to the Applicant's
representatives.

Magalie R. Salas,
Secretary.
 [FR Doc. E5-7211 Filed 12-9-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 206 (Tuesday, October 25, 2016)]
[Notices]
[Pages 73466-73467]
[FR Doc No: 2016-25766]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0224]

Qualification of Drivers; Exemption Applications; Diabetes

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of denials.

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SUMMARY: FMCSA announces its denial of 74 applications from individuals
who requested an exemption from the Federal diabetes standard
applicable to interstate truck and bus drivers and the reasons for the
denials. FMCSA has statutory authority to exempt individuals from the
diabetes requirement if the exemptions granted will not compromise
safety. The Agency has concluded that granting these exemptions does
not provide a level of safety that will be equivalent to, or

greater than, the level of safety maintained without the exemptions for
these commercial motor vehicle (CMV) drivers.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113,
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the Federal diabetes standard for a renewable 2-year period if it
finds ``such an exemption would likely achieve a level of safety that
is equivalent to, or greater than, the level that would be achieved
absent such an exemption.'' The procedures for requesting an exemption
are set forth in 49 CFR part 381.
    Accordingly, FMCSA evaluated 74 individual exemption requests on
their merits and made a determination that these applicants do not
satisfy the criteria eligibility or meet the terms and conditions of
the Federal exemption program. Each applicant has, prior to this
notice, received a letter of final disposition on the exemption
request. Those decision letters fully outlined the basis for the denial
and constitute final Agency action. The list published in this notice
summarizes the Agency's recent denials as required under 49 U.S.C.
31315(b)(4) by periodically publishing names and reasons for denial.
    The following 10 applicants met the diabetes requirements of 49 CFR
391.41(b)(3) and do not need an exemption:

Byron D. Benham (IL)
Donald D. Dixon, Sr. (IN)
Reggie L. Knight (NC)
Daniel Meza (TX)
Robert L. Middleton (NC)
Augustino M. Pang (NY)
Dana W. Rhoades (WA)
Gary W. Shreve (MI)
Robert B. Ulrich, Jr. (PA)
Kenneth D. Williams (GA)

    The following 34 applicants were not operating CMVs in interstate
commerce:

William F. Batz (NY)
Gregory A. Carroll (MD)
Fred J. Conti (PA)
Francis D.P. Desouza (PA)
Cory J. Dey (PA)
John R. Ebell (OR)
Harold K. Goebel (TX)
Evon L. Gray (PA)
Joseph L. Gutierrez (IL)
Joseph A. Haase (WI)
Jeffrey L. Hays (ID)
Pieter M. Hoeckman (CO)
Mary A. Jefferson (VA)
Randy W. Jones (NC)
Dennis V. Klima (KS)
Chi H. Ku (WI)
Vernard E. Lackey (OR)
Cory K. Malloy (NY)
David Marseille (NY)
Colton R. Martin (TX)
Gerasim J. Merculief (AK)
Luong G. Pham (OR)
Alphonso Rose (NH)
Paul Ross (GA)
Rafael A. Santana (MA)
Cole J. Schoennema (CA)
William C. Sexton, Jr. (VA)
Nicole B. Sherman (CT)
Kim D. Steinbeck (MA)
John C. Story (MT)
Randy L. Toy (PA)
Hartman P. Trabeaux (LA)
Tracy W. Williams (MD)
Mark E. Wilson (VA)

    The following applicant, Raphael N. Haynes (NY), had renal
insufficiency.
    The following 8 applicants have had more than one hypoglycemic
episode requiring hospitalization or the assistance of others, or has
had one such episode but has not had one year of stability following
the episode:

Glen A. Clark (DE)
Dana L. Guest (TN)
Jason P. Kunkle (PA)
Giasi A. Leite (GA)
David V. Marreel (NE)
Casey M. O'Reilly (PA)
Daniel A. Sorem (MN)
Michael D. Underwood (AL)

    The following 6 applicants had other medical conditions making the
applicant otherwise unqualified under the Federal Motor Carrier Safety
Regulations:

Gordon R. Jockisch (IL)
Gerald P. Malone (IA)
Michael J. Perfect (WA)
Van A. Tenny (KS)
Jay M. Westerfer (PA)
Timothy A. Wright (OH)

    The following applicant, Kenneth W. Wilson (BC), currently resides
in Canada. He is not eligible because the Federal exemption is for
drivers operating only in the United States.
    The following 5 applicants did not meet the minimum age criteria
outlined in 49 CFR 391.41(b)(1) which states that an individual must be
at least 21 years old to operate a CMV in interstate commerce:

James C. Cox (TX)
Joseph M. Hall (NY)
Logan J. Kocher (PA)
Wilbur Robinson (SC)
Makhial J. Webb (CA)

    The following 9 applicants were exempt from the diabetes standard:

David B. Anderson (VA)
Carlos J. Carames (NJ)
Ronald L. Cogan (OH)
Douglas L. Dudley (VA)
Michael Halsey (IN)
Frederick R. Haynes (MI)
Danny R. Knox (KY)
John M. Reichenberg (NJ)
Julia M. Seger (MD)

    Issued on: October 14, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-25766 Filed 10-24-16; 8:45 am]
 BILLING CODE 4910-EX-P