[Federal Register: November 26, 2008 (Volume 73, Number 229)]
[Notices]
[Page 72039-72041]
[DOCID:fr26no08-68]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM07-20-000]

Fuel Retention Practices of Natural Gas Companies

Issued November 20, 2008.
AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice Terminating Proceeding.

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SUMMARY: The Federal Energy Regulatory Commission is terminating its
notice of inquiry regarding its policy on the in-kind recovery of fuel
and lost and unaccounted-for gas by natural gas pipeline companies and
will consider any changes to the application of such policy in
individual cases.

Effective Date: November 26, 2008.

FOR FURTHER INFORMATION CONTACT: Anna Fernandez (Legal Information),
Office of the General Counsel, Federal Energy Regulatory Commission,
888 First Street, NE., Washington, DC 20426,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Before Commissioners: Joseph T. Kelliher, Chairman; Suedeen G. Kelly,
Marc Spitzer, Philip D. Moeller, and Jon Wellinghoff

    1. On September 30, 2007, the Commission issued a Notice of Inquiry
concerning its current policy on the in-kind recovery of fuel and lost
and unaccounted-for gas by natural gas pipeline companies.\1\ The
Commission sought comments on whether it should change its current
policy to provide pipelines a greater incentive to reduce their fuel
use and lost and unaccounted-for gas and to minimize pipeline over-
recoveries of these costs. For the reasons discussed below, the
Commission is terminating this proceeding.
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    \1\ Fuel Retention Practices of Natural Gas Companies, FERC
Stats. & Regs. ] 35,556 (2007) (NOI).
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I. Background

    2. A detailed discussion of the Commission's current policy
regarding in-kind fuel retention by natural gas pipeline companies is
contained in the NOI and will not be repeated here. Briefly, interstate
natural gas pipelines frequently require that customers contribute in-
kind a small percentage of the volumes of natural gas tendered for
transportation service to provide fuel for compressors and to make up
for lost and unaccounted-for gas. Each pipeline states the percentage
of gas it retains in its tariff.
    3. The Commission established its current policy concerning a
pipeline's in-kind recovery of fuel use and lost and unaccounted-for
gas in ANR Pipeline Company (ANR).\2\ In its January 2005 order in the
ANR case,\3\ the Commission stated that pipelines have two options to
recover these costs. The first option is to establish a fixed fuel
retention percentage in a general Natural Gas Act (NGA) section 4 rate
case, and leave that

percentage unchanged until the pipeline files its next general section
4 rate case. That option is consistent with the Commission's general
ratemaking policy, set forth in section 284.10(c)(2) of the
Commission's regulations,\4\ that pipelines must design their rates
based on estimated units of service without any type of tracker or
true-up mechanism. That policy provides pipelines an incentive to
minimize costs, by allowing them to retain any cost over-recoveries
between rate cases, while putting them at risk for cost under-
recoveries.\5\ The second recovery option is for the pipeline to
include in its tariff a mechanism permitting periodic changes in its
fuel retention percentage outside of a general section 4 rate case, as
allowed by section 154.403 of the Commission's regulations.\6\ ANR held
that, if a pipeline chooses the second option, it must include in its
tariff a mechanism to true-up any over- and under-recoveries of fuel,
absent agreement otherwise by all interested parties.
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    \2\ ANR Pipeline Co., order on compliance filing, 108 FERC ]
61,050, order inviting comments, 109 FERC ] 61,038 (2004), order on
reh'g and compliance filing, 110 FERC ] 61,069, order on reh'g and
compliance filing, 111 FERC ] 61,290 (2005).
    \3\ 110 FERC ] 61,069 at P 18-28.
    \4\ 18 CFR 284.10(c)(2).
    \5\ See Canyon Creek Compression Co., 99 FERC ] 61,351, at P 14
(2002).
    \6\ 18 CFR 154.403.
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    4. In ANR,\7\ the Commission also left open the possibility that a
pipeline could include an incentive mechanism in a fuel cost tracker,
if the pipeline made the proposal pursuant to the Commission's
incentive ratemaking policy. The Commission's current policy on
incentive rates is set forth in Alternatives to Traditional Cost-of-
Service Ratemaking for Natural Gas Pipelines (1996 Incentive Ratemaking
Policy Statement).\8\
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    \7\ 110 FERC ] 61,069 at P 39.
    \8\ 74 FERC ] 61,076, at 61,237-38 (1996).
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    5. In the NOI, the Commission sought comments on whether it should
change its current in-kind fuel retention policy for the purpose of (a)
minimizing pipeline over-recoveries of fuel and lost and unaccounted-
for gas or (b) providing pipelines with a greater incentive to reduce
their fuel use and lost and unaccounted-for gas, for example by
permitting pipelines with fuel trackers and true-up mechanisms to
include a profit or loss sharing mechanism.\9\
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    \9\ NOI at P 23-26.
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    6. Thirty-two parties filed comments in response to the NOI.\10\
Shippers and end-users generally argued that the Commission should
require all pipelines to use a tracker with a true-up in order to
prevent over-recovery of costs. The pipelines, however, argued that the
Commission should retain its current policy and continue to permit
pipelines to choose whether a fixed retention percentage established in
a section 4 rate case or a tracker is best suited to their particular
circumstances. Most parties stated that including some form of
incentive mechanism in a tracker true-up mechanism could encourage
greater efficiency. However, the parties asserted that the Commission
should consider such mechanisms on a case-by-case basis rather than
imposing any generic requirements.
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    \10\ The parties are listed in Appendix A.
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II. Discussion

    7. After carefully reviewing the comments, the Commission has
determined to terminate this proceeding and consider any changes to the
application of the Commission's policy concerning fuel recovery in
individual cases.
    8. As described above, a number of non-pipeline commenters contend
that the Commission should require all pipelines to recover their fuel
costs through trackers with true-up mechanisms in order to minimize
pipeline over-recovery of fuel costs. However, the Commission would
have to act under NGA section 5 to require pipelines which currently
have fixed fuel charges established in general section 4 rate cases to
adopt trackers and true-up mechanisms. In order to do that, the
Commission would have to find that all fixed fuel charges are unjust
and unreasonable and that the only just and reasonable method for
pipelines to recover fuel costs is through a tracker with a true-up
mechanism. The commenters have failed to provide the Commission a basis
to take such generic action under NGA section 5.
    9. Recovery of fuel costs through a fixed charge established in a
general section 4 rate case is consistent with the Commission's general
ratemaking policy for open access pipelines, set forth in section
284.10(c)(2) of the Commission's regulations, that pipelines design
their rates based on estimated units of service, without any type of
true-up mechanism.\11\ The non-pipeline commenters' only basis for
requiring all pipelines to recover their fuel costs in a manner
contrary to that policy is that (1) fixed fuel charges present too much
potential for pipelines to over-recover their fuel costs and (2)
remedying such over-recoveries through complaints under NGA section 5
is too difficult.\12\ However, the courts have insisted that the
Commission not ``compromise section 5's limits on its power to revise
rates.'' \13\ Requiring pipelines to recover their fuel costs through a
tracker and true-up mechanism based solely on the alleged difficulty of
remedying cost overrecoveries under NGA section 5, and without any
other independent policy justification, would be contrary to the
court's holding that the Commission may not order pipelines to make
section 4 filings in order ``to avoid the `insufficient protection'
afforded by section 5, i.e., to avoid its procedural constraints.''
\14\
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    \11\ In Order No. 436, the Commission explained that this
requirement means that the pipeline is at risk for under-recovery of
its costs between rate cases, and may retain any over-recovery. This
gives the pipeline an incentive both to minimize its costs and
maximize the service it provides. A cost tracker would undercut
these incentives by guaranteeing the pipeline a set revenue
recovery. Pipeline Service Obligations and Revisions to Regulations
Governing Self-Implementing Transportation; and Regulation of
Natural Gas Pipelines After Partial Wellhead Decontrol, Order No.
636, FERC Stats. & Regs. ] 30,939, order on reh'g, Order No. 636-A,
FERC Stats. & Regs. ] 30,950, order on reh'g, Order No. 636-B, 61
FERC ] 61,272 (1992), order on reh'g, 62 FERC ] 61,007 (1993), aff'd
in part and remanded in part sub nom. United Distribution Cos. v.
FERC, 88 F.3d 1105 (D.C. Cir. 1996), order on remand, Order No. 636,
78 FERC ] 61,186 (1997).
    \12\ Industry Associations at 7-8 (``Although the Commission and
pipeline customers are entitled to bring Section 5 complaints, such
complaints require the complainant to carry the burden of proof, can
be extremely expensive, and only offer prospective relief.''). See
also Ameren, TVA, and Texas Producers.
    \13\ Western Resources, Inc. v. FERC, 9 F.3d 1568, 1578 (D.C.
Cir. 1993).
    \14\ Public Service Commission of New York v. FERC, 866 F.2d
487, 491 (D.C. Cir. 1989).
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    10. Accordingly, if a shipper believes that a particular pipeline
is over-recovering its fuel costs, it should file a complaint under NGA
section 5, pursuant to the procedures set forth in section 385.206 of
the Commission's procedural regulations. While several shippers
commented that section 5 does not provide an adequate remedy,\15\ in
fact, section 5 complaints have resulted in significantly reduced fuel
charges on several pipelines. National Fuel \16\ and Dominion \17\ are
two examples of how actual or potential section 5 complaints can cause
pipelines to reduce their fuel retention percentages.
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    \15\ See, e.g., comments of the American Public Gas Association
at 3-4.
    \16\ National Fuel Gas Supply Corporation, 118 FERC ] 61,091
(2007) (National Fuel) (settlement agreement followed section 5
complaint).
    \17\ Dominion Transmission, Inc., 111 FERC ] 61,285 (2005)
(Dominion) (settlement agreement came about in response to potential
section 5 complaint).
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    11. In addition, the changes recently enacted by the Commission to
the financial reporting requirements for natural gas pipelines should
assist shippers who wish to file a section 5 complaint involving fuel
cost over-recovery. In March 2008, the Commission issued Order No.
710,\18\ a

Final Rule to change the financial forms and reporting requirements for
natural gas pipelines in order to enhance the transparency of financial
reporting by interstate natural gas pipelines and better reflect the
current market and cost information. Among the changes were new
reporting requirements that require natural gas companies to provide
detailed information regarding the acquisition and disposition of fuel
use and lost and unaccounted-for gas.\19\ With this new information,
shippers will be better able to use the section 5 complaint process to
address fuel cost over-recovery by a pipeline.
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    \18\ Revisions to Forms, Statements and Reporting Requirements
for Natural Gas Pipelines, Order No. 710, 73 FR 19389 (Apr. 10,
2008), FERC Stats. & Regs. ] 31,267 (2008), reh'g and clarification,
Order No. 710-A, 123 FERC ] 61,278 (June 20, 2008).
    \19\ Order No. 710 at P 16.
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    12. Finally, the operation of the interstate pipeline system
involves a significant amount of fuel use and lost and unaccounted-for
gas to deliver supplies to market. Fuel gas charges now make up a
greater percentage of the overall interstate transportation rate than
they have in the past. Such considerations reinforce the need to
improve the efficiency of our existing infrastructure. While the
parties generally commented that fuel savings incentive mechanisms
could be helpful in reducing fuel use and, therefore, fuel costs, they
believed that such mechanisms should be developed by the parties in
individual proceedings. In light of those comments, the Commission will
take a case-by-case approach at this time. In a recent order, the
Commission ordered a technical conference to consider a three-year
experimental fuel incentive mechanism proposed by Texas Gas
Transmission, L.L.C. and what changes, if any, might be necessary or
appropriate.\20\ The Commission concludes that case-by-case
consideration of incentive proposals will assist in the development of
the Commission's policies concerning pipelines' recovery of fuel costs,
and encourages pipelines to work with their customers to develop these
mechanisms.
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    \20\ See Texas Gas Transmission, LLC, 125 FERC ] 61,134 (2008).
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    13. For these reasons, Docket No. RM07-20-000 is terminated.
    The Commission orders:
    Docket No. RM07-20-000 is terminated.

    By the Commission.
Nathaniel J. Davis, Sr.,
Deputy Secretary.

Appendix A

List of Parties

Ameren Energy Generating Company, Central Illinois Public Service
Company, Central Illinois Light Co., Illinois Power Co., and Union
Electric Company (Ameren)
American Chemistry Council
American Gas Association
American Public Gas Association
Apache Corporation
Atmos Energy Corporation
Boardwalk Pipeline Partners, LP, Gulf Crossing Pipeline Company LLC,
Gulf South Pipeline Company, LP, and Texas Gas Transmission, LLC
Calpine Corporation
Columbia Gas Transmission Corporation, Columbia Gulf Transmission
Company, Crossroads Pipeline Company, Granite State Gas Transmission,
Inc., and Central Kentucky Transmission Company
Dominion Resources, Inc.
El Paso Corporation
Enbridge, Inc. and Enbridge Energy Partners, L.P.
FPL Group, Inc.
Honda of America Mfg., Inc.
Interstate Natural Gas Association of America
Independent Oil & Gas Association of West Virginia
The Independent Petroleum Association of America, The Process Gas
Consumers Group, The American Forest & Paper Association and The
American Iron and Steel Institute (Industry Associations)
Kinder Morgan Interstate Gas Transmission, LLC, Natural Gas Pipeline
Company of America, Trailblazer Pipeline Company, and TransColorado Gas
Transmission
Louisville Gas and Electric Company
MidAmerican Energy Company and PacifiCorp
Middle Tennessee Natural Gas Utility District
National Fuel Gas Supply Corporation
Natural Gas Supply Association
Northern Natural Gas Company and Kern River Gas Transmission Company
The Ohio Oil & Gas Association
Public Service Commission of New York
Sequent Energy Management, L.P.
Spectra Energy Transmission, LLC
Tennessee Valley Authority (TVA)
Texas Independent Producers and Royalty Owners Association (Texas
Producers)
Transwestern Pipeline Company, LLC
Williston Basin Interstate Pipeline Company

[FR Doc. E8-28021 Filed 11-25-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 57 (Tuesday, March 24, 2020)]
[Notices]
[Page 16625]
[FR Doc No: 2020-06123]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER20-1220-000]

Oliver Wind II, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Oliver Wind II, LLC's application for market-based rate authority, with
an accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is April 7, 2020.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the website that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: March 18, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-06123 Filed 3-23-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 116 (Friday, June 16, 2023)]
[Notices]
[Page 39423]
[FR Doc No: 2023-12915]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[FRL OP-OFA-073]

Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or https://www.epa.gov/nepa.

Weekly receipt of Environmental Impact Statements (EIS)
Filed June 5, 2023 10 a.m. EST Through June 12, 2023 10 a.m. EST
Pursuant to 40 CFR 1506.9.

    Notice: Section 309(a) of the Clean Air Act requires that EPA make
public its comments on EISs issued by other Federal agencies. EPA's
comment letters on EISs are available at: https://cdxapps.epa.gov/cdx-enepa-II/public/action/eis/search.

EIS No. 20230073, Final, USACE, TX, Harris Reservoir Expansion Project
Final Environmental Impact Statement Prepared for Permit Application
No. SWG-2016-01027, Review Period Ends: 07/17/2023, Contact: Jayson
Hudson<PHONE_NUMBER>.
EIS No. 20230074, Final, BLM, OR, Southeastern Oregon Proposed Resource
Management Plan and Final EIS, Review Period Ends: 07/17/2023, Contact:
Shane DeForest<PHONE_NUMBER>.
EIS No. 20230075, Draft, USACE, VA, SPSA Landfill Expansion DEIS,
Comment Period Ends: 08/15/2023, Contact: Melissa Nash<PHONE_NUMBER>.

    Dated: June 12, 2023.
Cindy S. Barger,
Director, NEPA Compliance Division, Office of Federal Activities.
[FR Doc. 2023-12915 Filed 6-15-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 202 (Wednesday, October 19, 2016)]
[Notices]
[Page 72047]
[FR Doc No: 2016-25248]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. NJ17-2-000]

Oncor Electric Delivery Company LLC; Notice of Filing

    Take notice that on October 4, 2016, Oncor Electric Delivery
Company LLC submitted its tariff filing: Tex-La Electric Cooperative of
Texas Tariff Rate Changes to be effective September 15, 2016.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible online at http://www.ferc.gov, using the
``eLibrary'' link and is available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
``eSubscription'' link on the Web site that enables subscribers to
receive email notification when a document is added to a subscribed
docket(s). For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on October 25, 2016.

    Dated: October 12, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-25248 Filed 10-18-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: September 29, 2006 (Volume 71, Number 189)]
[Notices]
[Page 57491-57492]
[DOCID:fr29se06-58]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. TX06-2-004]

Aero Energy LLC; Notice of Filing

September 25, 2006.
    Take notice that on September 13, 2006, Oasis Power Partners LLC
(Oasis) filed an Affidavit of James Walker, as evidence showing that a
portion of the Sagebrush Line is needed for Oasis' future expansion
plans, pursuant to the Commission's August 14, 2006 Order.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.

    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on October 4, 2006.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-16003 Filed 9-28-06; 8:45 am]

BILLING CODE 6717-01-P


            Supporting Statement for a Request for OMB Review under
                          the Paperwork Reduction Act

1. IDENTIFICATION OF THE INFORMATION COLLECTION

 	l(a)  	Title and Number of the Information Collection

 	TITLE:	Correction of Misreported Chemical Substances on the Toxic Substances Control Act (TSCA) Chemical Substance Inventory

 	EPA ICR No.:  1741.07	OMB Control No.:  2070-0145

 	l(b)	Short Characterization

 	Section 8(b) of the Toxic Substances Control Act (TSCA), requires the Environmental Protection Agency (EPA) to compile and keep current an Inventory of Chemical Substances in Commerce (hereinafter "the Inventory"), which is a listing of chemical substances manufactured, imported and processed for commercial purposes in the United States.  Individual plant or factory sites producing chemicals submit the required information.

 	This information collection request pertains to the use of the TSCA Chemical Substance Inventory Reporting Form C (EPA Form 7710-3C; see Attachment 4 below), which the chemical industry uses exclusively in submitting requests to EPA's Office of Pollution Prevention and Toxics (OPPT) for correcting misreported chemical identities of substances listed on the Inventory.  Such requests pertain only to errors discovered in the original submissions to the Inventory when the Inventory was first established in 1979.

 	Each year, OPPT receives a small number of such correction requests from chemical companies or their legal representatives.  In almost all cases, a submitter who wishes to correct the chemical identity of a substance that was previously misreported for the Inventory initiates these requests for correction.  The correction mechanism allows the submitter to add the correct substance to the Inventory without having to file a Premanufacture Notice (PMN) under TSCA section 5.

 	In submitting a request for correction, the submitter provides certain basic information to EPA on Form C.  This information is stored in one of EPA's mainframe computers.  This information allows OPPT to establish a correct chemical identity that accurately reflects the substance the submitter manufactures.  Since the Inventory performs a regulatory function by distinguishing between an existing chemical and a new chemical, it is imperative that the Inventory be accurate.  A correct Inventory also ensures the accuracy of EPA's chemical screening and risk assessment activities.

 2.	NEED FOR AND USE OF THE COLLECTION

       2(a)	Need/Authority for the Collection

 	TSCA requires EPA to identify, assess and control risks of injury to human health and the environment posed by commercial chemicals.  TSCA section 8(b) requires EPA to compile and keep current a complete list of chemical substances manufactured or processed in, or imported into, the United States.  Under TSCA section 8(a) the Administrator of EPA promulgates rules to provide for the maintenance and collection of records from manufacturers, importers and processors of commercial chemicals.  The Inventory Update Rule (IUR), which EPA uses periodically to update the TSCA section 8(b) Inventory, is codified at 40 CFR 710.  Copies of the relevant sections of TSCA and of the Code of Federal Regulations are attached below (see Attachments 1 and 2, respectively).

 	The purpose of the Inventory is to define, for the purpose of TSCA, what chemical substances exist in U.S. commerce.  Substances not included on the Inventory are considered to be new substances that are subject to the Premanufacture Notification (PMN) requirements stipulated under section 5(a) of TSCA.

 	The need for correcting chemical identities listed on the Inventory arose following the initial Inventory reporting period, when both EPA and the chemical industry recognized that substances submitted for inclusion in the initial Inventory could be, for various reasons, incorrectly described by reporting companies.  EPA determined that reported substances may have been unintentionally misidentified as a result of simple typographical errors, the misidentification of substances, or the lack of sufficient technical or analytical capabilities fully to characterize the exact chemical substances.  Although not required to do so under TSCA, EPA developed guidelines, at the request of industry, under which industry could correct the chemical identities of incorrectly described substances listed in the Inventory.  EPA published these guidelines in the Federal Register on July 29, 1980 (45 FR 50544); see Attachment 3.

 	For the Inventory to perform its regulatory function, it must accurately identify those substances that exist in U.S. commerce.  Otherwise the Inventory will not be able to provide reliable information that EPA needs in performing chemical screening and risk assessment activities under TSCA.  The submitter, on the other hand, must be certain that the substance he/she manufactures or imports is correctly identified on the Inventory, so that he/she will be in full compliance with TSCA reporting requirements.  The correction mechanism ensures the accuracy of the Inventory without imposing an unreasonable burden on the chemical industry.  Without the Inventory correction mechanism, a submitter would have to file a PMN to place the correct chemical substance on the Inventory whenever finding that the previously reported substance was misidentified.  This would impose a much greater burden on both EPA and the submitter than the existing correction mechanism.

       2(b)	Practical Utility/Users of the Data

 	OPPT will use the data contained in the correction request to alter the incorrect chemical identities in the Inventory so that the information is complete and accurate.  Many branches of the Agency rely on the Inventory when making regulatory decisions.  Within OPPT, the Chemical Control Division (CCD) and the Interagency Testing Committee (ITC) frequently use the Inventory.  Both CCD and the ITC rely on the accuracy of the Inventory for screening chemical substances for further attention or testing.  If the Inventory data were inaccurate, CCD or the ITC could inadvertently screen a fictitious chemical, i.e., a misreported substance not yet corrected on the Inventory.

 	As well as providing vital government service, the Inventory provides information necessary to members of industry.  Correspondence between the private and public sectors of the U.S. concerning the Inventory is ceaseless.  OPPT receives hundreds of inquiries regarding the Inventory each year.  These letters are primarily requests for Chemical Abstracts Service (CAS) Registry Numbers or Accession Numbers assigned to a substance, although the Agency also receives a variety of other requests regarding TSCA.

 	One such request expresses a bona fide intent to manufacture a chemical substance.  A "bona fide" letter requests a formal search of the Inventory for a particular chemical substance.  If the substance is included on the Inventory, the potential manufacturer need not submit a PMN.  Since failure to submit a PMN for a substance not included on the Inventory, i.e., a new chemical, would constitute a violation of TSCA, the Inventory must be correct to ensure that only substances that are actually manufactured are included.  An Inventory correction letter requests a change in the Inventory to correct a previously misreported substance.  This correction mechanism allows the Inventory to be kept accurately, thus ensuring that the Agency's responses to industry inquiries, e.g., bona fide, Accession Number and CAS Registry Number requests, are accurate.  Furthermore, an accurate Inventory also ensures that the Agency performs risk assessments on the correct chemical substance and that industry will not need to submit unnecessary PMNs.

 3.	NON-DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

 	3(a)	Non-Duplication

 	Not applicable: the required data can only be provided by the submitter and no other government agency collects such information.

 	3(b)	Public Notice Required Prior to ICR Submission to OMB

 	Prior to submission to OMB, this ICR will be made available to the public for comment through a Federal Register notice.  The public will have 60 days to provide comments.  Any comments received will be given consideration when completing the supporting statement that is submitted to OMB.

 	3(c)	Consultations

 	 Under 5 CFR 1320.8(d)(1) OMB requires agencies to consult with potential ICR respondents and data users about specific aspects of ICRs before submitting an original or renewal ICR to OMB for review and approval.  In accordance with this regulation, EPA will pursue additional consultations with interested parties during the development of the renewal of this collection.

       3(d)	Effects of Less Frequent Collection

 	Not applicable, since the frequency of correction depends wholly on industry.

       3(e)	General Guidelines

 	To the best of EPA's knowledge, this collection does not exceed any of the Paperwork Reduction Act guidelines at 5 CFR 1320.6.

       3(f)	Confidentiality

 	Respondents may claim information submitted to EPA on the correction form as confidential if release of such information would reveal the submitter's trade secrets or proprietary information, as defined by TSCA section 14.  A respondent may claim as confidential any information submitted on the reporting form, except the identity of a chemical substance that the respondent has not claimed as confidential in the existing Inventory data base.  Respondents must assert claims of confidentiality at the time they submit the information to EPA and only in the manner specified by EPA.

 	EPA has established procedures for handling, storing, processing, and disposing of TSCA confidential business information (CBI), in accordance with stipulations set forth at 40 CFR Part 2, subpart B.  In general, EPA houses confidential information in secured areas and only persons specifically authorized by EPA may access such information.  EPA further restricts access to computer systems containing TSCA CBI to those who have a need for access.  Such systems may be accessed only via special computer terminals in restricted areas.  Furthermore, the procedures set forth in 40 CFR Part 2, subpart B, strictly govern any transfer of TSCA CBI from EPA to another agency, and the Agency receiving such information must agree to comply fully with EPA procedures.

 	Furthermore, this information collection fully complies with the requirements of the Privacy Act of 1974 and OMB Circular A-108.

       3(g)	Sensitive Questions

 	Not applicable; this information collection does not include questions of a sensitive nature.

 4.	THE RESPONDENTS AND THE INFORMATION REQUESTED

       4(a)	Respondents/NAICS Codes

 	The respondent community consists of persons manufacturing or importing chemicals listed on the Inventory and regulated under TSCA section 8.  In general, the industry segments that compose the respondent community for this information collection are those that produce or import organic chemicals, who have already reported to the initial Inventory effort, and who need to make a correction to that submission.  Using North American Industry Classification System (NAICS) codes, these persons are typically classified under Chemical Manufacturing (NAICS 325) and Petroleum and Coal Product Manufacturing (NAICS 324).

       4(b)	Information Requested

 		(i) 	Data Items

 	The correction request form requires the submitter to include information concerning the chemical substance's identity, plant site, production volume, site limitations, and import/export of the substance, if applicable.

 		(ii) 	Respondent Activities

 	Most of the information contained on the Form C reporting form is readily accessible to the submitter as "customary business practices," such as production and site-limitation data.  The remaining information is equally apparent, e.g., plant site location and whether the submitter imports or manufactures.

 	With regard to the chemical substance identity requirement, such data should be predetermined before the time of an Inventory correction submission.  Since industry almost exclusively initiates corrections to the Inventory, the submitter presumably has already determined the new chemical substance identity before he/she is able to conclude that the substance was previously misidentified.  Therefore, the information required to submit a correction request is readily available to the submitter, who needs only to transpose the data to the form the Agency provides.

 	Furthermore, if, for whatever reason, the submitter is unable to produce a suitable technical name for the corrected substance, he/she need only provide the Agency with information concerning the reaction mechanism, including all reactants.  In such a case, EPA will devise an appropriate name for the chemical substance.
 	It is significant to note that in almost all cases it is industry, not EPA, that initiates correction requests.  The Agency does not require industry to provide correction information nor does EPA have an obligation to provide a correction mechanism or to specify a reporting format.  The correction mechanism exists at the request of industry and the EPA form is used because it reduces the burden on both the Agency and industry by providing a clear format for the data.  Because the Form C has been in use since the initial Inventory reporting period, submitters are generally familiar with the format and with the information needed to complete the form.  Furthermore, use of the form guards against delays due to incomplete submissions, as the form clearly outlines the required information.

 5.	THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT

       5(a) 	Agency Activities

 	As a result of the correction mechanism, the Agency must review the original submissions to determine whether a correction is needed.  Once EPA confirms the validity of the correction, the Agency will process the correction information.  EPA will maintain the confidentiality of the information at the request of the submitter, and will forward the results to the Chemical Abstracts Service (CAS) where the data are stored.  EPA will add the corrected chemical substance to the Inventory while the incorrectly reported substance will become a candidate for deletion from the Inventory, if no other person has reported the same substance, through notice and comment rulemaking.

       5(b) 	Collection Methodology and Management

 	EPA sends all of the submitted information, after processing, to an EPA contractor, Chemical Abstracts Service (CAS), whereupon the contractor enters the information to a computerized system.  The public is able to access non-confidential data through commercial on-line systems, or on compact discs (CDs) available from the National Technical Information Service (NTIS).

       5(c) 	Small Entity Flexibility

 	No small entity exemption exists.  A small entity exemption would be meaningless or counterproductive to the interests of small entities who may wish to submit corrections.  In addition, the amount of information required to complete a correction request is minimal.  Furthermore, the correction cannot be processed without each piece of information requested, as only essential data are solicited.  Any small entity simplification of the correction process would fail to provide the Agency with the pertinent information needed to make a correction.

       5(d) 	Collection Schedule

 	Not applicable since industry, not EPA, initiates corrections as necessary.
 6.	ESTIMATING THE BURDEN AND COST OF THE COLLECTION

 	6(a) 	Estimating Respondent Burden

 	This ICR addresses an information collection effort that has been undertaken in the same manner since 1980.  As time goes by, the need for correcting the initial Inventory entries diminishes as most of the corrections needed presumably would have been discovered and made by now, after 30 years and several Inventory Update Rule (IUR) reporting cycles.  At this time EPA estimates the number of respondents to be no more than nine per year, based on recent experience.  It is anticipated that these respondents will incur a minimal reporting burden in providing information to the Agency, estimated at 2.0 hours per report, and a recordkeeping burden estimated at 0.25 hours per report, for a total estimated burden of 2.25 hours per report.  Worksheet 1, below, illustrates the estimated burden per respondent for responding to this information collection.

 	6(b) 	Estimating Respondent Cost

 	Worksheet 1 illustrates the estimated costs per respondent for responding to this information collection.  This information is derived from information provided by submitters, individuals involved in the processing of the forms received, and previous experience.

      Wage rates, including fringe benefits and overhead, for three broad categories of labor (managerial, technical, and clerical) were used in this analysis. The basis for estimating wage rates for the purposes of this analysis is the Bureau of Labor Statistics (BLS) Employer Costs for Employee Compensation (ECEC) data, for December 2012, for manufacturing industries. Based on the BLS data, the average hourly wage rates (as of December 2012) are $43.95 for managerial personnel, $38.53 for technical personnel and $17.64 for clerical personnel.

      The cost of fringe benefits such as paid leave and insurance, specific to each labor category, are taken from the same ECEC series and an additional loading factor of 17 percent is applied to wages to account for overhead. The overhead factor of 17 percent is used in accordance with Office of Pollution Prevention and Toxics economic analyses for two major rulemakings: Wage Rates for Economic Analyses of the Toxics Release Inventory Program (EPA, 2002b), and the Revised Economic Analysis for the Amended Inventory Update Rule: Final Report (EPA, 2002a). This overhead loading factor is added to the benefits loading factor, and the total is then applied to the base wage to derive the fully loaded wage. The loaded hourly wage rates are $72.87 for managerial personnel, $64.38 for technical personnel and $29.51 for clerical personnel, as shown in Table 1.

Labor Category
                                Hourly Wage[1]
                            Benefits and Overhead
                               Loading Factor[2]
                             Loaded Hourly Rate[3]
Managerial
                                    $43.95
                                     1.67
                                    $73.40
Technical
                                    $38.53
                                     1.67
                                    $64.35
Clerical
                                    $17.64
                                     1.67
                                    $29.46

Notes:
[1] Employer Costs for Employee Compensation Supplementary Tables December 2012, U.S. Bureau of Labor Statistics, March 18, 2013 (BLS, 2013).
[2] An overhead rate of 17% was used based on assumptions in Wage Rates for Economic Analyses of the Toxics Release Inventory Program (EPA, 2002b), and the Revised Economic Analysis for the Amended Inventory Update Rule: Final Report (EPA, 2002a).
[3] Wage data are rounded to the closest penny in this table; however, in calculations using these numbers for this report, unrounded values were used.

              WORKSHEET 1: ANNUAL RESPONDENT BURDEN/COST ESTIMATES
           Burden Hours and Costs per Respondent by Employee Category

                                  Managerial
                                   @ $73.40
                                   Technical
                                   @ $64.35
                                   Clerical
                                   @ $29.46
                                  Total Hours
                                  Total Costs
Create and gather information

                                     1.50

                                     1.50
                                     $96.52
Review and report information
                                     0.50

                                     0.50
                                     $36.70
Recordkeeping

                                     0.25
                                     0.25
      $  7.36
Subtotal
                                     0.50
                                     1.50
                                     0.25
                                     2.25
   $ 140.58

 	6(c)	Estimating Agency Burden and Cost

       Costs associated with this collection include the printing and distributing of reporting forms, providing reporting assistance, reviewing and processing of the report forms and entry of data into the Inventory databases.  The time to review a correction request by an EPA employee is estimated from experience at two hours.  Hourly costs for technical support personnel are based upon the salary for a GS-12, step 1 employee of $35.88. The hourly rates were taken from the U.S. Office of Personnel Management's 2013 General Schedule for workers with the Washington, D.C. locality payment.  These hourly estimates were then multiplied by 1.6 to account for benefits (EPA Instructions for Preparing Information Collection Requests, 1992).  Thus the hourly cost estimate adjusted for benefits is $57.41 for technical workers. Assuming the receipt of nine reports, the cost for EPA review is $516.69.  Processing of the forms and entry of the data into EPA computer systems is estimated at $278.25 per form (based on contractor's fee and estimate of 0.5 hours non-exempt time and 1.5 hours of exempt time), for a total of $2,504.25.  The total Agency cost would be $3,020.94.  The total Agency burden in reviewing and processing the forms, based on two hours of review and two hours of processing time, would be 36 hours.

 	6(d)	Bottom Line Burden Hours and Cost

 	(i)	Respondent Burden

 		The simple collection (see Worksheet 1)
 		Burden: 2.25 hours/report x 9 reports = 20.25 hours
 		Costs:  $140.58/report x 9 reports = $1,265.22

 	(ii)	Agency Burden

 		The total Agency burden is estimated to be 36 hours.
 		The total Agency cost is estimated to be $3,020.94.

 	(iii)	The complex collection - Not applicable.

 	(iv)	Variations in the annual bottom line - Not applicable.

       6(e)	Reasons for Change in Burden

 	This request reflects no change in the total estimated respondent burden from that currently in the OMB inventory.

 	6(f)	Burden Statement

 	The annual public burden for this collection of information, which is approved under OMB Control No. 2070-0145, is estimated to be 2.25 hour per response.  Burden is defined in 5 CFR 1320.3(b).  An Agency may not conduct or sponsor such a request and a person or facility is not required to respond to a collection of information unless it displays a currently valid OMB control number.  The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in the Federal Register, are listed in 40 CFR part 9 and included on the related collection instrument or form, if applicable.

 	 The Agency has established a public docket for this ICR under Docket ID No. EPA-HQ-OPPT-2013-0460, which is available for online viewing at www.regulations.gov, or in-person viewing at the Pollution Prevention and Toxics Docket in the EPA Docket Center (EPA/DC).  The EPA/DC Public Reading Room is located in the EPA West Building, Room 3334, 1301 Constitution Ave., N.W., Washington, DC.  The EPA/DC Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.  The telephone number for the EPA/DC Public Reading Room is<PHONE_NUMBER>, and the telephone number for the Pollution Prevention and Toxics Docket is<PHONE_NUMBER>.

 You may submit comments regarding the Agency's need for this information, the accuracy of the provided burden estimates and any suggested methods for minimizing respondent burden, including the use of automated collection techniques. Submit your comments, referencing Docket ID No. EPA-HQ- OPPT-2013-0460 and OMB Control No. 2070-0145, to (1) EPA online using www.regulations.gov (our preferred method), or by mail to: Pollution Prevention and Toxics Docket, Environmental Protection Agency Docket Center (EPA/DC), Mailcode: 28221T, 1200 Pennsylvania Ave., N.W., Washington, DC 20460, and (2) OMB by mail to: Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, N.W., Washington, DC 20503.