The final rule does not distinguish between the replacement of components that are expected to be replaced frequently or periodically and the replacement of components that may occur on a less frequent or one time basis. It likewise does not distinguish between the replacement of larger and smaller components, instead requiring greater scrutiny if the replacement in question is part of a project that exceeds 20% of the replacement value of the process unit.

Our decisions on these points are derived from reflection on the function of the exclusion in the context of the Act. As explained above, and as described more fully in our legal analysis set forth below, we do not believe that application of the major NSR program to " modified" plants is designed to require existing plants that are continuing to operate in a manner consistent with their original design to curtail their rate of production or hours of operation beyond limitations set forth in their existing permits. We likewise do not believe that the program is designed to discourage plants from replacing parts or components so as to preserve their ability to produce at that rate. Rather, we believe Title I of the Clean Air largely leaves to State and local permitting authorities whether to require adjustments in the operations of those plants in order to reduce emissions to the degree needed to attain or maintain national air quality standards, and how to weigh the trade offs such adjustments may produce in terms of potential economic impacts and loss of productivity. Instead, we believe the central function of the application of major NSR permitting requirements to " modifications" is to assure that plants install state of

theart pollution controls.

We recognize that on these points, the approach taken by our final rule thereby differs in some respects from the multifactor case by case approach we have been using in identifying RMRR, and particularly from some of our applications of that test to certain equipment replacements. We believe, however, that this adjustment in our approach is fully warranted for the reasons outlined above, and described more fully in our legal analysis below.


[Federal Register: October 21, 2009 (Volume 74, Number 202)]
[Notices]
[Page 54422-54428]
[DOCID:fr21oc09-129]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0634; FRL-8434-8]

Endocrine Disruptor Screening Program; Tier 1 Screening Order
Issuing Announcement

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This action announces the Agency's initiation of the Endocrine
Disruptor Screening Program (EDSP) Tier 1 screening for the first group
of 67 chemicals by issuing orders between October 29, 2009, and
February 26, 2010, pursuant to the authority provided to EPA under
section 408(p)(5) of the Federal Food, Drug, and Cosmetic Act (FFDCA).
The EDSP Tier 1 screening data required to satisfy an order are due
within 2 years of the date of issuance of the order. This action also
provides information for pesticide registrants, manufacturers and
importers of inert chemicals used in pesticide products, and the public
on how to obtain details about the orders (such as the date of issuance
and the recipients), the ``Pesticide Inert Ingredients Data Submitters
and Suppliers List'' (PIIDSSL), and how interested persons other than
recipients of test orders may submit other scientifically relevant
information on the chemicals subject to the orders.

DATES:  Order recipients must respond according to the schedules
contained in the order they receive. Persons other than order
recipients who wish to submit other scientifically relevant information
related to one of the chemical-specific orders should submit

that information within 90 days of the order issuance date.

ADDRESSES:  Persons other than order recipients should submit their
information identified by docket identification (ID) number EPA-HQ-OPP-
2009-0634, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2009-0634. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., 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 in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The Docket Facility telephone
number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Jane Scott Smith, Pesticide Re-
evaluation Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you manufacture,
use, or import pesticide/agricultural chemicals and other chemical
substances; or if you are or may otherwise be involved in the testing
of chemical substances for potential endocrine effects. Potentially
affected entities may include, but are not limited to:
     Chemical manufacturers, importers and processors (NAICS
code 325), e.g., persons who manufacture, import or process chemical
substances.
     Pesticide, fertilizer, and other agricultural chemical
manufacturing (NAICS code 3253), e.g., persons who manufacture, import
or process pesticide, fertilizer and agricultural chemicals.
     Scientific research and development services (NAICS code
5417), e.g., persons who conduct testing of chemical substances for
endocrine effects.
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under
docket ID number EPA-HQ-OPP-2009-0634. Publicly available docket
materials are available either in the electronic docket at http://
www.regulations.gov, or, if only available in hard copy, at the Office
of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S-4400, One
Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The
hours of operation of this Docket Facility are from 8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays. The Docket
Facility telephone number is<PHONE_NUMBER>.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr.

II. Introduction

A. What Action is the Agency Taking?

     The Agency is initiating the EDSP Tier 1 screening for the first
group of 67 chemicals by issuing test orders from October 29, 2009,
through February 26, 2010. Details on the status of the orders will be
provided on EPA's website at http://www.epa.gov/endo with information,
including the order issuance date, the recipient(s) of the order, each
order recipient's response and the order due date. EPA intends to
update the list with subsequent publications and postings as
appropriate. This public listing is provided to invite the public to
identify additional entities who should receive the FFDCA section
408(p) test order. The commenters could either identify themselves or
another person as additional candidates (with proper substantiation)
for receipt of a FFDCA section 408(p) test order by contacting the
person listed under FOR FURTHER INFORMATION CONTACT.

B. What is the Agency's Authority for Taking this Action?

    FFDCA section 408(p)(1) requires EPA ``to develop a screening
program, using appropriate validated test systems and other
scientifically relevant information to determine whether certain
substances may have an effect in humans that is

similar to an effect produced by a naturally occurring estrogen, or
such other effects as [EPA] may designate.'' (21 U.S.C. 346a(p)).
Section 408(p)(3) specifically requires that the Administrator ``shall
provide for the testing of all pesticide chemicals.'' (21 U.S.C.
346a(p)(3)).
    Section 201 of FFDCA defines ``pesticide chemical'' as ``any
substance that is a pesticide within the meaning of [FIFRA], including
all active and inert ingredients of such pesticide.'' (21 U.S.C.
231(q)(1)).
    Section 408(p)(5) of FFDCA provides that the Administrator shall
issue an order to a registrant of a substance for which testing is
required under this subsection, or to a person who manufactures or
imports a substance for which testing is required under this
subsection. The order shall require the recipient to conduct testing in
accordance with the screening program, and to submit information
obtained from the testing to the Administrator, within a reasonable
time period that the Administrator determines is sufficient for the
generation of the information.
    Section 3(c)(2)(B) of FIFRA provides that registrants must submit
additional data, upon notification that the Administrator has
determined that additional data are required to maintain an existing
pesticide registration. (7 U.S.C. 136a(c)(2)(B)). In light of the
directive in section 408(p)(3) of FFDCA that EPA is to provide for the
endocrine screening of all pesticide chemicals, EPA considers that such
data have been statutorily determined to be necessary to maintain an
existing pesticide registration.

III. Background

    EPA developed the EDSP in response to the Congressional mandate in
section 408(p) of FFDCA to ``develop a screening program. . .to
determine whether certain substances may have an effect in humans that
is similar to an effect produced by a naturally occurring estrogen, or
such other endocrine effects as [EPA] may designate'' (21 U.S.C.
346a(p)). When carrying out the program, the statute requires EPA to
``provide for the testing of all pesticide chemicals.'' The statute
also provides EPA with discretionary authority to ``provide for the
testing of any other substance that may have an effect that is
cumulative to an effect of a pesticide chemical if the Administrator
determines that a substantial population may be exposed to such a
substance.'' In addition, section 1457 of the Safe Drinking Water Act
(SDWA) provides EPA with discretionary authority to provide for
testing, under the FFDCA 408(p) screening program, ``of any other
substances that may be found in sources of drinking water if the
Administrator determines that a substantial population may be exposed
to such substance.''
    EPA initially set forth the EDSP in the August 11, 1998 Federal
Register notice (63 FR 42852) (FRL-6021-3), and solicited public
comment on the program in the December 28, 1998 Federal Register notice
(63 FR 71542) (FRL-6052-9). The program initiated in these notices was
based on the recommendations of the Endocrine Disruptor Screening and
Testing Advisory Committee (EDSTAC), which was chartered under the
Federal Advisory Committee Act (FACA), 5 U.S.C. App.2, section 9(c).
The EDSTAC was comprised of members representing the commercial
chemical and pesticides industries, Federal and State agencies, worker
protection and labor organizations, environmental and public health
groups, and research scientists.
    EDSTAC recommended that EPA's program address both potential human
and ecological effects; examine effects on estrogen, androgen, and
thyroid hormone-related processes; and include non-pesticide chemicals,
contaminants, and mixtures in addition to pesticides. Based on these
recommendations, EPA developed a two-tiered assessment approach for
these chemicals, referred to as the EDSP. The purpose of Tier 1
screening (referred to as ``screening'') is to identify substances that
have the potential to interact with the estrogen, androgen, or thyroid
hormone systems using a battery of assays. The purpose of Tier 2
testing (referred to as ``testing'') is to identify and establish a
dose-response relationship for any adverse effects that might result
from the interactions identified through the Tier 1 assays. EDSTAC also
recommended that EPA establish a priority-setting approach for choosing
chemicals to undergo Tier 1 screening.
    EPA implemented its EDSP in three major parts.
    1. Assay validation. Under FFDCA section 408(p), EPA is required to
use ``appropriate validated test systems and other scientifically
relevant information'' to determine whether substances may have
estrogenic effects in humans or other endocrine effects as EPA may
designate. Validation is defined as the process by which the
reliability and relevance of test methods are evaluated for the purpose
of supporting a specific use. The EDSP Tier 1 screening assays were
peer reviewed by independent experts and by the FIFRA Scientific
Advisory Panel (SAP) during a public meeting on March 25-27, 2008.
Details on the validation and peer review process for the assays as
well as the peer review reports can be found on EPA's website at http:/
/www.epa.gov/scipoly/oscpendo/pubs/assayvalidation/index.htm. The FIFRA
SAP report is available at http://www.epa.gov/scipoly/sap/meetings/
2008/march/minutes2008-03-25.pdf. Elsewhere in this issue of the
Federal Register, EPA is issuing the final Tier 1 battery composed of
the validated assays. The Tier 1 battery protocols can be found in the
corresponding docket EPA-HQ-OPPT-2009-0634 or the website at http://
www.epa.gov/oppts (select ``Test Methods & Guidelines''). EPA is also
in the process of developing and validating Tier 2 tests. The status of
each assay can be viewed on the EDSP website in the Assay Status table:
http://www.epa.gov/scipoly/oscpendo/pubs/assayvalidation/status.htm.
    2. Priority setting. EPA described its priority setting approach
for the first group of pesticide chemicals to be tested under the EDSP
in the Federal Register of September 27, 2005 (70 FR 56449) (FRL-7716-
9), and proposed the draft list of initial chemicals for review and
public comment in the Federal Register notice of June 18, 2007 (72 FR
33486) (FRL-8129-3). The public comments and Agency responses can be
found in the associated docket EPA-HQ-OPPT-2004-0109. In April 2009,
EPA published in the Federal Register its final list of the first group
of chemicals to be screened under EDSP. The first group of 67 chemicals
identified for screening includes pesticide active ingredients and high
production volume (HPV) chemicals used as pesticide inert ingredients
(also known as other ingredients). This list should not be construed as
a list of known or likely endocrine disruptors. More information on
EPA's priority setting approach for selection of the first group of
chemicals for the EDSP is available at http://www.epa.gov/scipoly/
oscpendo/prioritysetting.
    The first group of chemicals to be screened consists of chemicals
that section 408(p) of FFDCA requires be screened, i.e., pesticide
active ingredients and chemicals used as pesticide inert ingredients
(also known as other ingredients). EPA anticipates that it may, in the
future, modify its approach to selecting chemicals for screening.
Information and factors that EPA may consider in selecting chemicals
could include: Public input; the results of testing chemicals on the
initial list; management considerations to increase the integration of
screening with other regulatory activities within the Agency;
implementation considerations flowing from a decision

to extend screening to additional categories of chemicals (e.g., non-
pesticide chemical substances); and the availability of new priority
setting tools (e.g., High Throughput Pre-screening or Quantitative
Structure Activity Relationships models). More information on EPA's
priority setting approach is available at http://www.epa.gov/scipoly/
oscpendo/pubs/prioritysetting.
    3. Procedures. EPA published a document in the Federal Register of
December 13, 2007 (72 FR 70842) (FRL-8340-3), that describes the
proposed procedures that EPA would use to issue orders, the proposed
procedures that order recipients would use to respond to the order, how
data protection and compensation would be addressed in the test orders,
and other related proposed procedures or policies. In addition, EPA
developed a draft template for the test order and a draft information
collection request (ICR) to obtain the necessary clearances under the
Paperwork Reduction Act (PRA). On April 15, 2009, the Agency published
the final policies and procedures and related documents in the Federal
Register ((74 FR 17560) (FRL-8399-9), (74 FR 17579) (FRL-8399-7), and
(74 FR 17477) (FRL-8412-2)). EPA generally intends to adopt these
procedures for initial screening of chemicals under the EDSP, including
the statutory requirements associated with and format of the test
orders, as well as EPA's procedures for fair and equitable sharing of
test costs and handling of confidential data (docket number EPA-HQ-
OPPT-2007-1080).

IV. Order Issuance Schedule

    The Agency intends to initiate the EDSP Tier 1 screening for the
first group of 67 chemicals by issuing test orders listed in the
following table.

               Table 1-List of Chemicals and Order Issuance Dates for Tier 1 Screening in the EDSP
----------------------------------------------------------------------------------------------------------------
                                                                 Pesticide Active
             Chemical Name                   CAS Number        Ingredient (x) or as    Order Issuance Time Frame
                                                                      Noted
----------------------------------------------------------------------------------------------------------------
Abamectin                                       71751-41-2  x                          January 2010
----------------------------------------------------------------------------------------------------------------
Acephate                                        30560-19-1  x                          November 2009
----------------------------------------------------------------------------------------------------------------
Acetone                                            67-64-1  HPV/Inert                  February 2010
----------------------------------------------------------------------------------------------------------------
Atrazine                                         1912-24-9  x                          October 2009
----------------------------------------------------------------------------------------------------------------
Benfluralin                                      1861-40-1  x                          October 2009
----------------------------------------------------------------------------------------------------------------
Bifenthrin                                      82657-04-3  x                          November 2009
----------------------------------------------------------------------------------------------------------------
Butyl benzyl phthalate                             85-68-7  HPV/Inert                  January 2010
----------------------------------------------------------------------------------------------------------------
Captan                                            133-06-2  x                          January 2010
----------------------------------------------------------------------------------------------------------------
Carbamothioic acid, dipropyl-, S-ethyl            759-94-4  x                          November 2009
 ester
----------------------------------------------------------------------------------------------------------------
Carbaryl                                           63-25-2  x                          November 2009
----------------------------------------------------------------------------------------------------------------
Carbofuran                                       1563-66-2  x                          November 2009
----------------------------------------------------------------------------------------------------------------
Chlorothalonil                                   1897-45-6  x                          December 2009
----------------------------------------------------------------------------------------------------------------
Chlorpyrifos                                     2921-88-2  x                          November 2009
----------------------------------------------------------------------------------------------------------------
Cyfluthrin                                      68359-37-5  x                          November 2009
----------------------------------------------------------------------------------------------------------------
Cypermethrin                                    52315-07-8  x                          November 2009
----------------------------------------------------------------------------------------------------------------
2,4-D                                              94-75-7  x                          October 2009
----------------------------------------------------------------------------------------------------------------
DCPA (or chlorthal-dimethyl)                     1861-32-1  x                          October 2009
----------------------------------------------------------------------------------------------------------------
Diazinon                                          333-41-5  x                          November 2009
----------------------------------------------------------------------------------------------------------------
Dibutyl phthalate                                  84-74-2  HPV/Inert                  January 2010
----------------------------------------------------------------------------------------------------------------
Dichlobenil                                      1194-65-6  x                          December 2009
----------------------------------------------------------------------------------------------------------------
Dicofol                                           115-32-2  x                          December 2009
----------------------------------------------------------------------------------------------------------------
Diethyl phthalate                                  84-66-2  HPV/Inert                  January 2010
----------------------------------------------------------------------------------------------------------------
Dimethoate                                         60-51-5  x                          November 2009
----------------------------------------------------------------------------------------------------------------
Dimethyl phthalate                                131-11-3  HPV/Inert                  January 2010
----------------------------------------------------------------------------------------------------------------
Di-sec-octyl phthalate                            117-81-7  HPV/Inert                  January 2010
----------------------------------------------------------------------------------------------------------------
Disulfoton                                        298-04-4  x                          November 2009
----------------------------------------------------------------------------------------------------------------

Endosulfan                                        115-29-7  x                          December 2009
----------------------------------------------------------------------------------------------------------------
Esfenvalerate                                   66230-04-4  x                          November 2009
----------------------------------------------------------------------------------------------------------------
Ethoprop                                        13194-48-4  x                          November 2009
----------------------------------------------------------------------------------------------------------------
Fenbutatin oxide                                13356-08-6  x                          October 2009
----------------------------------------------------------------------------------------------------------------
Flutolanil                                      66332-96-5  x                          December 2009
----------------------------------------------------------------------------------------------------------------
Folpet                                            133-07-3  x                          January 2010
----------------------------------------------------------------------------------------------------------------
Gardona (cis-isomer)                            22248-79-9  x                          November 2009
----------------------------------------------------------------------------------------------------------------
Glyphosate                                       1071-83-6  x                          January 2010
----------------------------------------------------------------------------------------------------------------
Imidacloprid                                   138261-41-3  x                          January 2010
----------------------------------------------------------------------------------------------------------------
Iprodione                                       36734-19-7  x                          January 2010
----------------------------------------------------------------------------------------------------------------
Isophorone                                         78-59-1  HPV/Inert                  January 2010
----------------------------------------------------------------------------------------------------------------
Linuron                                           330-55-2  x                          December 2009
----------------------------------------------------------------------------------------------------------------
Malathion                                         121-75-5  x                          November 2009
----------------------------------------------------------------------------------------------------------------
Metalaxyl                                       57837-19-1  X                          December 2009
----------------------------------------------------------------------------------------------------------------
Methamidophos                                   10265-92-6  X                          November 2009
----------------------------------------------------------------------------------------------------------------
4,7-Methano-1H-isoindole-1,3(2H)-dione,           113-48-4  x                          January 2010
 2-(2-ethylhexyl)-3a,4,7,7a-tetrahydro-
----------------------------------------------------------------------------------------------------------------
Methidathion                                      950-37-8  x                          November 2009
----------------------------------------------------------------------------------------------------------------
Methomyl                                        16752-77-5  x                          November 2009
----------------------------------------------------------------------------------------------------------------
Methyl ethyl ketone                                78-93-3  HPV/Inert                  January 2010
----------------------------------------------------------------------------------------------------------------
Methyl parathion                                  298-00-0  x                          November 2009
----------------------------------------------------------------------------------------------------------------
Metolachlor                                     51218-45-2  x                          December 2009
----------------------------------------------------------------------------------------------------------------
Metribuzin                                      21087-64-9  x                          December 2009
----------------------------------------------------------------------------------------------------------------
Myclobutanil                                    88671-89-0  X                          December 2009
----------------------------------------------------------------------------------------------------------------
Norflurazon                                     27314-13-2  X                          October 2009
----------------------------------------------------------------------------------------------------------------
o-Phenylphenol                                     90-43-7  x                          January 2010
----------------------------------------------------------------------------------------------------------------
Oxamyl                                          23135-22-0  x                          November 2009
----------------------------------------------------------------------------------------------------------------
Permethrin                                      52645-53-1  x                          November 2009
----------------------------------------------------------------------------------------------------------------
Phosmet                                           732-11-6  x                          November 2009
----------------------------------------------------------------------------------------------------------------
Piperonyl butoxide                                 51-03-6  x                          November 2009
----------------------------------------------------------------------------------------------------------------
Propachlor                                       1918-16-7  x                          December 2009
----------------------------------------------------------------------------------------------------------------
Propargite                                       2312-35-8  x                          October 2009
----------------------------------------------------------------------------------------------------------------
Propiconazole                                   60207-90-1  x                          December 2009
----------------------------------------------------------------------------------------------------------------
Propyzamide                                     23950-58-5  x                          January 2010
----------------------------------------------------------------------------------------------------------------
Pyridine, 2-(1-methyl-2-(4-                     95737-68-1  x                          January 2010
 phenoxyphenoxy)ethoxy)-
----------------------------------------------------------------------------------------------------------------
Quintozene                                         82-68-8  x                          December 2009
----------------------------------------------------------------------------------------------------------------

Resmethrin                                      10453-86-8  x                          November 2009
----------------------------------------------------------------------------------------------------------------
Simazine                                          122-34-9  x                          December 2009
----------------------------------------------------------------------------------------------------------------
Tebuconazole                                   107534-96-3  x                          December 2009
----------------------------------------------------------------------------------------------------------------
Toluene                                           108-88-3  HPV/Inert                  February 2010
----------------------------------------------------------------------------------------------------------------
Triadimefon                                     43121-43-3  x                          December 2009
----------------------------------------------------------------------------------------------------------------
Trifluralin                                      1582-09-8  x                          January 2010
----------------------------------------------------------------------------------------------------------------

    Details on the status of the orders will be provided on EPA's
website at http://www.epa.gov/endo with information, including the
order issuance date, the recipient(s) of the order, the order
recipient's response to the order, and the order due date.

V. Submission of Other Scientifically Relevant Information by
Interested Parties

    The Agency published the final policies and procedures and related
documents in the Federal Register of April 15, 2009 ((74 FR 17560), (74
FR 17579), and (74 FR 17477)); as part of those documents, EPA
discussed its policies relating to the submission of other
scientifically relevant information in satisfaction of a test order. As
explained at greater length in those documents, if recipients of the
FFDCA section 408(p) test orders choose to cite or submit existing
data, (i.e., other scientifically relevant information (OSRI)), along
with a rationale that explains how the cited or submitted study
satisfies the Tier 1 test order in lieu of developing new data, EPA
will determine whether the information can be used to satisfy part or
all of the Tier 1 order and/or otherwise inform the Tier 1
determination. Existing data may include data that has already been
generated using the assay(s) specified in the order, or other
scientifically relevant information. Other scientifically relevant
information is information that informs the determination as to whether
the substance may have an effect that is similar to an effect produced
by a substance that interacts with the estrogen, androgen, and/or
thyroid hormonal systems (e.g., information that identifies substances
as having the potential to interact with the estrogen, androgen, and/or
thyroid system(s); information demonstrating whether substances have an
effect on the functioning of the endocrine system). Other
scientifically relevant information may either be functionally
equivalent to information obtained from the Tier 1 assays--that is,
data from assays that perform the same function as EDSP Tier 1 assays--
or may include data that provide information on a potential consequence
or effect that could be due to effects on the estrogen, androgen or
thyroid systems. Some other scientifically relevant information may be
sufficient to satisfy part or all of the Tier 1 order and/or otherwise
inform the Tier 1 determination.
    The Agency has written a paper entitled ``EPA's Approach for
Considering Other Scientifically Relevant Information (OSRI) under the
EDSP'' (see www.regulations.gov and search for docket number EPA-HQ-
OPPT-2007-1080-0032). This paper was developed to provide guidance to
EPA staff and managers who will review the responses to Tier 1 test
orders issued under the EDSP, and may also be of interest to parties
considering whether to submit OSRI to EPA. This paper is intended only
to provide general guidance and is not binding on either EPA or any
outside parties. Anyone, including members of the general public, may
provide OSRI, and the Agency will assess the information for
appropriateness on a case-by-case basis to determine whether the
information can be used to satisfy part or all of the Tier 1 order and/
or otherwise inform the Tier 1 determination.
    Persons other than those receiving testing orders who would like to
submit OSRI on chemicals subject to test orders should include the
following information:
     The submitter's contact information.
     The name of the program (i.e., Endocrine Disruptor
Screening Program (EDSP).
     The name of the chemical to which the information applies.
     The citation of the study and/or a copy of the study, if
possible.
     The order number(s) to which the information applies.
     A rationale that explains how the cited or submitted
study(ies) satisfies all or some portion of the Tier 1 order.
In order for this information to be given timely consideration, the
information should be submitted on the same time frame as the response
to orders, i.e. this information should be submitted as a comment to
the docket for this action (EPA-HQ-OPP-2009-0634) within 90 days of the
issuance date of the orders for a given chemical. The details about the
dates of issuance of the orders can be found at www.epa.gov/endo.

VI. Pesticide Inert Ingredients Data Submitters and Suppliers List

    Currently, EPA maintains a list of all data on pesticide active
ingredients that supports registration of products containing the
active ingredient, along with contact information for the submitters
(i.e., owners) of the data, known as the ``Data Submitters List.'' The
Agency published the final policies and procedures and related
documents in the Federal Register on April 15, 2009 ((74 FR 17560), (74
FR 17579), and (74 FR 17477)) describing EPA's intention to establish a
Pesticide Inert Ingredients Data Submitters & Suppliers List (PIIDSSL)
which is similar to the ``Data Submitters List.'' The purpose of the
PIIDSSL is to identify any entity who has submitted compensable data on
a pesticide inert ingredient in response to a test order issued under
section 408(p) of FFDCA. Pursuant to FIFRA section 3(c)(1)(F), when a
applicant's product contains a pesticide inert ingredient on the
PIIDSSL, EPA intends to require the applicant to identify the source of
the pesticide inert ingredient. If the applicant's source does not
appear on the PIIDSSL, EPA intends to require the applicant either to
switch to a source on the PIIDSSL; offer to pay compensation to the
original data submitter(s) on the PIIDSSL; or generate

their own data to support their application.
     The PIIDSSL can be found on EPA's website at www.EPA.gov/
DataSubmittersList or a link to it can be found at www.epa.gov/endo.

List of Subjects

    Environmental protection, Chemicals, Endocrine disruptors,
Pesticides.

    Dated: October 14, 2009.
Stephen A. Owens,
Assistant Administrator, Office of Prevention, Pesticides and Toxic
Substances.
[FR Doc. E9-25352 Filed 10-20-09; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 82, Number 97 (Monday, May 22, 2017)]
[Notices]
[Pages 23242-23243]
[FR Doc No: 2017-10376]

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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: EC17-117-000.
    Applicants: Dynegy Zimmer, LLC, Dynegy Miami Fort, LLC, The Dayton
Power and Light Company, AES Ohio Generation, LLC.
    Description: Joint Application for Authorization of Disposition of
Jurisdictional Assets Under Section 203(a)(1) of the Federal Power Act
of Dynegy Buyers and AES Sellers.
    Filed Date: 5/12/17.
    Accession Number: 20170512-5219.
    Comments Due: 5 p.m. ET 6/2/17.

    Docket Numbers: EC17-118-000.
    Applicants: Meadow Lake Wind Farm V LLC, Quilt Block Wind Farm LLC,
Redbed Plains Wind Farm LLC.
    Description: Application for Authorization for Disposition of

Jurisdictional Facilities and Request for Expedited Action of Meadow
Lake Wind Farm V LLC, et. al.
    Filed Date: 5/12/17.
    Accession Number: 20170512-5220.
    Comments Due: 5 p.m. ET 6/2/17.

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

    Docket Numbers: ER17-1530-000.
    Applicants: Pennsylvania Grain Processing, LLC.
    Description: Supplement to May 2, 2017 Pennsylvania Grain
Processing, LLC tariff filing under ER17-1530.
    Filed Date: 5/12/17.
    Accession Number: 20170512-5233.
    Comments Due: 5 p.m. ET 6/2/17.

    Docket Numbers: ER17-1595-000.
    Applicants: ISO New England Inc.
    Description: ISO New England Inc. submits First Quarter 2017
Capital Budget Report under ER17-1595.
    Filed Date: 5/12/17.
    Accession Number: 20170512-5226.
    Comments Due: 5 p.m. ET 6/2/17.

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

    Docket Numbers: ES17-18-000.
    Applicants: Consumers Energy Company.
    Description: Supplement to April 27, 2017 Application for
Authorization to Issue Securities [Exhibit B] of Consumers Energy
Company.
    Filed Date: 5/11/17.
    Accession Number: 20170511-5089.
    Comments Due: 5 p.m. ET 6/1/17.

    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 5:00
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: May 15, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-10376 Filed 5-19-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 162 (Monday, August 22, 2011)]
[Notices]
[Page 52326]
[FR Doc No: 2011-21352]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER11-4307-000]

Green Mountain Energy Company; 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
Green Mountain Energy Company'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 September 6, 2011.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First 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 review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed 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>.

    Dated: August 16, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-21352 Filed 8-19-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 144 (Wednesday, July 27, 2016)]
[Proposed Rules]
[Pages 49201-49204]
[FR Doc No: 2016-17715]

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

40 CFR Part 52

[EPA-R04-OAR-2015-0403; FRL-9949-61-Region 4]

Air Plan Approval; TN: Revisions to Logs and Reports for
Startups, Shutdowns and Malfunctions

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
State of Tennessee, through the Tennessee Department of Environment and
Conservation (TDEC), on September 25, 2013. The SIP submittal includes
a change to the TDEC regulation ``Logs and Reports.'' EPA is proposing
to approve this SIP revision because it is consistent with the Clean
Air Act (CAA or Act) and federal regulations governing SIPs.

DATES: Comments must be received on or before August 26, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2015-0403 at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: D. Brad Akers, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Mr. Akers can be reached by telephone at<PHONE_NUMBER> or
via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. EPA's Action

A. What action is EPA proposing today?

    On September 25, 2013, TDEC submitted a change to the Tennessee
rules to EPA for approval and incorporation into the Tennessee SIP.
Specifically, the submittal includes a change to remove the existing
text of subparagraph (2) from Tennessee Air Pollution Control
Regulation (TAPCR) Rule 1200-3-20-.04, ``Logs and Reports,'' and
replace it with the word ``Reserved.'' Existing subparagraph (2)
provides that all sources located in or having a significant impact on
a nonattainment area submit a quarterly report to the Technical
Secretary of Tennessee's Air Pollution Control Board that (1)
identifies periods of startups, shutdowns, and/or malfunctions (SSM
events) that result in an exceedance of an emission limitation, (2)
estimates the excess emissions released during such SSM events, and (3)
provides total source emissions where such emissions are not otherwise
required to be reported under Tennessee Air Pollution Control
Regulations (TAPCR) Chapters 1200-3-10-.02 or 1200-3-16. EPA is
proposing to approve Tennessee's September 25, 2013, SIP revision
because the proposed revision is consistent with the requirements of
the CAA and federal regulations governing SIPs.

B. EPA's Analysis of the September 25, 2013, Submittal

    Section 110(a)(2)(A) of the Act requires SIP provisions such as
emission limitations to be enforceable, and sections 110(a)(2)(F)(i)
and (F)(ii) require plans to contain certain types of provisions
related to emissions monitoring and reporting, as prescribed by the
Administrator. Accordingly, 40 CFR part 51, subpart K, ``Source
Surveillance,'' requires a SIP to provide for monitoring the status of
compliance with the regulations in it, including ``legally enforceable
procedures'' for recordkeeping and reporting. See 40 CFR 51.211. Such
recordkeeping and reporting must include ``[i]nformation on the nature
and amount of emissions from the stationary sources'' and ``[o]ther
information as may be necessary to enable the state to determine
whether the sources are in compliance with the applicable portions of
the control strategy.'' Id. Furthermore, 40 CFR part 51, appendix V,
Criteria for Determining the Completeness of Plan Submissions, states
in section 2.2 that complete SIPs must contain: ``(g) Evidence that the
plan contains emission limitations, work practice standards and
recordkeeping/reporting requirements, where necessary, to ensure
emission levels;'' and ``(h) Compliance/enforcement strategies,
including how compliance will be determined in practice.''
    In support of its proposed SIP revision, TDEC explains in its
September 25, 2013, submittal that it considers the existing quarterly
reporting requirement to be outdated in light of more recently enacted
federal regulations requiring less frequent reporting. TDEC
specifically points to EPA's 1999 rulemaking that reduced the required
reporting frequency under the General Provisions for 40 CFR parts 60,
61, and 63 from quarterly to semi-annually. See ``Recordkeeping and
Reporting Burden Reduction,'' 64 FR 7458 (February 12, 1999). In
addition, TDEC notes that major sources are now subject to title V
operating permit program reporting requirements, which TDEC contends
makes TDEC's quarterly reporting requirement unnecessary for title V
sources. In particular, TDEC explains that the title V program requires
sources to submit a report identifying all deviations from permit
requirements every six months, and to submit an annual compliance
certification. TDEC explains that the current quarterly reporting
requirement in Tennessee's SIP prevents Tennessee sources from availing
themselves of the less burdensome reporting requirements under more
recently enacted federal regulations. Furthermore, TDEC contends that
eliminating the quarterly reporting requirement will have no impact on
the emissions of any air pollutant.
1. Impact of the Proposed SIP Revision on Reporting Obligations for
Major Sources
    Even if EPA approves Tennessee's request to remove the reporting
requirements at TAPCR Rule 1200-3-20-.04(2) from Tennessee's SIP, major
sources will continue to be subject to the title V reporting
requirements, as well as other emissions reporting requirements in
Tennessee's SIP. Regarding title V reporting requirements, Tennessee
has an EPA-approved title V operating permits program and TDEC is the
permitting authority. See ``Clean Air Act Final Full Approval of
Operating Permit Programs; Tennessee and Memphis-Shelby County,'' 66 FR
56996 (November 14, 2001). As TDEC notes, title V requires

sources to submit reports of any required monitoring at least every six
months. See 40 CFR 70.6(a)(3)(iii)(A). All instances of deviations from
permit requirements, including excess emissions during SSM events, must
be clearly identified in such reports. Id. TDEC adopted this
requirement into its federally approved title V operating permits
program at TAPCR Rule 1200-3-9-.02(11)(e)1(iii)(III)I. In addition,
emissions during SSM events that exceed applicable emission limits must
be taken into account in the annual compliance certification required
by the title V program. See 40 CFR 70.6(c)(5) and TAPCR 1200-3-
9-.02(11)(e)3(v).
    The title V operating permits program also requires ``[p]rompt
reporting of deviations from permit requirements, including those
attributable to upset conditions as defined in the permit, the probable
cause of such deviations, and any corrective actions or preventative
measures taken.'' See 40 CFR 70.6(a)(3)(iii)(B). The permitting
authority is to define ``prompt'' in relation to the degree and type of
deviation likely to occur and the applicable requirements. Id. Since
individual permitting authorities are responsible for having programs
to attain and/or maintain air quality within their geographical
boundaries, they are obligated under the title V operating permits
program to determine, among other things, what constitutes a prompt
notification of a deviation from permit requirements. TDEC incorporates
this prompt reporting requirement into its major source operating
program at TAPCR 1200-3-9-.02(11)(e)1(iii)(III)II, which defines
``prompt reporting'' by reference to TAPCR Rule 1200-3-20-.03
(generally requiring reporting ``within 24 hours'').
    In addition to the title V reporting requirements, Tennessee's SIP
authorizes the Tennessee Air Pollution Control Board's Technical
Secretary to require enhanced reporting as needed to verify that a
``major stationary source'' is operating in compliance with applicable
requirements. See TAPCR Chapter 1200-3-10-.04(2) (``The Technical
Secretary is authorized to require by permit condition any periodic or
enhanced monitoring, recording and reporting that he deems necessary
for the verification of the source's compliance with the applicable
requirements as defined in 1200-3-9-.02(11).''). Likewise, Tennessee's
SIP at TAPCR Rule 1200-3-10-.02, ``Monitoring of Source Emissions,
Recording, Reporting of the Same are Required,'' at paragraph (1)(a)
states: ``The Technical Secretary may require the owner or operator of
any air contaminant source discharging air contaminants . . . to . . .
make periodic emission reports as required in paragraph (2).''
Paragraph (2)(a) clarifies that ``[r]ecords and reports as the
Technical Secretary shall prescribe,'' must be collected and submitted.
Finally, TAPCR Rule 1200-3-20-.08, ``Special Reports Required,'' states
that the Technical Secretary ``may require any air contaminant source
to submit a report within thirty (30) days after the end of each
calendar quarter'' containing dates and details of any SSM events and
resultant emissions in excess of applicable limitations. Thus, the SIP
contains provisions that allow TDEC to collect more frequent quarterly
reports similar to those in TAPCR 1200-3-20-.04(2) when deemed
necessary to determine a source's compliance with applicable
requirements. It is also important to note that TAPCR 1200-3-20-.04(1)
remains in effect, requiring sources to collect and maintain records
regarding SSM events and resultant excess emissions.
    With respect to TDEC's request to remove the requirement in TAPCR
Rule 1200-3-20-.04(2) that sources located in or impacting
nonattainment areas report total emissions (if such reports are not
otherwise required), EPA notes that other federal reporting
requirements would ensure that similar emissions information is
reported on a regular basis. Specifically, EPA's Air Emissions
Reporting Requirements (AERR), set forth at Subpart A to 40 CFR part
51, specify that the state must submit triennial reports of annual (12-
month) emissions for all sources and every-year reports of annual
emissions of criteria air pollutants and their precursors for all major
sources as well as annual emissions reporting from certain larger
sources, as outlined in Appendix A to Subpart A. While the reporting
requirement that TDEC proposes to remove from its SIP applies only to
sources located in or impacting nonattainment areas, the AERR applies
to all major sources located in all areas, regardless of attainment
status. Specifically, under the AERR, if a source is considered a major
source under 40 CFR part 70 for one criteria air pollutant or precursor
pollutant, then the state must report all emissions of criteria air
pollutants and precursors for that source. TDEC implements the AERR by
collecting reports of annual emissions from sources in June of each
year, depending on whether the triennial or annual report applies, and
then compiling and submitting the information to EPA's emissions
inventory system. On its Web site, TDEC outlines the thresholds,
timeframes, and structure of these emissions reports, citing the AERR
and a statute at Tennessee Code Annotated Section 68-201-105(b)(2),
which gives the Division of Air Pollution Control the authority to
``[r]equire that any person furnish the department information required
by it in discharge of its duties under this part, if the department has
reason to believe such person is, or may be about to, causing or
contributing to air pollution.'' See https://tn.gov/environment/article/apc-emissions-inventory-reporting-requirements. TDEC also
informs sources at this web address that failure to submit the reports
by the applicable deadline may result in enforcement pursuant to this
statute. See also SIP Rule TAPCR 1200-3-10-.02(1)(a) (authorizing the
Technical Secretary to require submittal of periodic emissions
reports).
2. Impact of the Proposed SIP Revision on Reporting Obligations for
Minor Sources
    There are two types of minor sources of air pollution: ``true
minors'' and ``synthetic minors.'' ``Synthetic minors'' are sources
that restrain their ``potential to emit'' to a level that is below the
major source applicability threshold through the use of emissions
control, restriction on hours of operation, or other means. See SIP
Rule TAPCR 1200-3-9-.02(11)(a) (authorizing a source to opt out of
major source requirements by taking an enforceable limit on its
potential to emit). See also SIP Rule TAPCR 1200-3-9-.01(b)(5)
(defining ``potential to emit''). ``True minors'' are sources for which
potential emissions are below the major source thresholds, even
assuming no emission controls and unlimited hours of operation. See SIP
Rule TAPCR 1200-3-9-.01(b)(5). If EPA finalizes approval of the
proposed SIP revision, the effects will be different for these
different types of minor sources.
    Synthetic minor sources, in accordance with TAPCR 1200-3-
9-.02(11)(a), are subject to an enforceable limit restricting potential
to emit and must implement ``detailed monitoring, reporting and
recordkeeping requirements that prove the source is abiding by its more
restrictive emission and/or production limits.'' EPA approved
Tennessee's request to incorporate TAPCR 1200-3-9-.02(11)(a) into the
Tennessee SIP on February 13, 1997. 62 FR 6724. Accordingly,
Tennessee's synthetic minor emission limits are federally enforceable.
Id. In

practice \1\, TDEC's synthetic minor permits require (1) prompt
reporting of any non-compliance with permit conditions designed to
restrict ``potential to emit'' below the major source level (the
``synthetic minor limit''), (2) submission of an annual compliance
certification supported by records documenting the facility's
compliance with its synthetic minor limit, and (3) reporting of excess
emissions due to malfunctions in accordance with TAPCR Chapter 1200-3-
20-.03. Thus, synthetic minor sources would remain subject to reporting
requirements even if EPA approves TDEC's request to remove the
reporting requirements in TAPCR Rule 1200-3-20-.04 from Tennessee's
SIP.
---------------------------------------------------------------------------

    \1\ Tennessee's ``synthetic minor'' permits are classified as
``conditional major'' permits, and can be found along with
compliance reports and notices of violation in the public database
at the following Web site: https://tdec.tn.gov/tdec_online/Home.aspx. TAPCR 1200-3-9-.02(11)(a) also requires that these types
of permits are made available for public comment and hearing.
---------------------------------------------------------------------------

    Due to their relatively small amount of emissions, true minor
sources are subject to significantly fewer emissions-related reporting
obligations than major or synthetic minor sources. There is no general
federal requirement for true minor sources to directly report their
emissions to the state or to EPA. However, the CAA and federal
regulations do require source-specific emissions reporting for true
minor sources under certain circumstances. Specifically, for areas
designated as marginal-or-above nonattainment for the ozone NAAQS, any
source emitting 25 tons per year or more of nitrogen oxides
(NOX) or volatile organic compounds (VOCs) (both precursors
to ozone formation) must report total emissions annually in accordance
with the emissions statement requirement of CAA section 182(a)(3)(B).
EPA approved Tennessee's regulation at TAPCR 1200-3-18-.02(8) into the
SIP to satisfy the emissions statement reporting requirement for the
2008 ozone NAAQS on March 5, 2015. See 80 FR 11887.
    Emissions from true minor sources also are captured to some extent
by the AERR. Specifically, under the AERR, Tennessee must compile minor
source emissions data and periodically submit that data to EPA for
inclusion in the EPA's National Emissions Inventory. The rule requires
triennial reports of VOC emissions in ``serious,'' ``severe,'' and
``extreme'' ozone nonattainment areas for sources that emit greater
than or equal to 50 tons per year, 25 tons per year and 10 tons per
year, respectively. See Appendix A to 40 CFR 51, Subpart A. The AERR
also provides for reporting of emissions of particulate matter with a
diameter of 10 micrometers or less (PM10) that are greater
than or equal to 70 tons per year in any area designated as ``serious''
nonattainment for PM10. Id. In addition, the AERR provides
for reporting of lead emissions greater than or equal to 0.5 tons per
year, regardless of an area's attainment status with respect to the
lead NAAQS. Id. Other than under these specific circumstances, the AERR
instructs states to treat minor sources as ``nonpoint sources'' in the
triennial emissions inventories (see 40 CFR 51.20), meaning that the
emissions inventories ``collectively represent individual sources that
have not been inventoried as specific point or mobile sources,'' 40 CFR
51.50. The AERR goes on to explain: ``These individual sources treated
collectively as nonpoint sources are typically too small, numerous, or
difficult to inventory using the methods for the other classes of
sources.'' Id. Accordingly, these nonpoint sources are generally
estimated and aggregated within source classification codes on a
county-level resolution rather than individual source emissions, in
accordance with 40 CFR 51.20(d).
    Subsequent to the September 25, 2013, submittal, TDEC submitted a
memorandum that addressed true minor sources. In that memorandum,
Tennessee highlighted the Technical Secretary's authority under 1200-3-
10-.02(1)(a) to collect reports from ``any air contaminant source.''
TDEC notes that if there were a reason to think a true minor source was
impacting air quality standards, the Division of Air Pollution Control
could collect these reports of emissions. This memorandum is included
in the Docket for today's proposed action.
3. EPA's Evaluation the Effect of the Requested SIP Revision on TDEC's
Ability To Determine Whether Sources are Operating in Compliance With
the SIP
    In light of the combination of federal reporting requirements,
reporting requirements under Tennessee's SIP, and Tennessee's authority
to request additional information on source emissions when necessary,
EPA proposes to find that Tennessee's September 25, 2013, SIP revision
would not impair Tennessee's ability to determine the nature and amount
of emissions from both major and minor sources and whether such sources
are operating in compliance with Tennessee's SIP. Accordingly, EPA's
proposed approval of Tennessee's September 25, 2013, SIP revision is
consistent with the minimum SIP requirements pertaining to
enforceability and emissions reporting, including the ``Source
Surveillance'' requirements specified at 40 CFR 51.211.

C. Section 110(l) and Section 193 Relaxation Considerations

    As discussed above, before the removal of this paragraph, sources
were required to report excess emissions during SSM events, as well as
total emissions, each calendar quarter. If this provision is removed
from the SIP, the requisite reporting from major sources and synthetic
minor sources generally will be less frequent, and emissions from true
minor sources generally will be accounted for only in aggregate for
periodic AERR reporting from the state (unless TDEC exercises its
authority to request submittal of additional emissions information).
The effect of less frequent, or less overall required reporting
constitutes a potential SIP relaxation. Section 110(l) of the Act
provides that ``the Administrator shall not approve a revision of a
plan if the revision would interfere with any applicable requirement
concerning attainment and reasonable further progress (as defined in
section 171), or any other applicable requirement of this Act.''
Accordingly, if provisions are removed from the federally approved SIP,
states must provide a noninterference demonstration pursuant to section
110(l) of the Act.
    Additionally, section 193 of the Act, the general savings clause,
states: ``No control requirement in effect, or required to be adopted
by an order, settlement agreement, or plan in effect before the date of
the enactment of the [CAA] Amendments of 1990 in any area which is a
nonattainment area for any air pollutant may be modified . . . unless
the modification insures equivalent or greater emission reductions of
such air pollutant.'' Tennessee's September 25, 2013, SIP revision
would revise a regulation that was approved into Tennessee's SIP in
1980 and that impacts requirements applicable to sources located in or
having a significant impact on air quality in a nonattainment area. See
45 FR 8004 (February 6, 1980). Therefore, section 193 must be addressed
to insure that no controls in a nonattainment area are removed or
modified from the SIP without equivalent or greater emission
reductions.
    Tennessee originally provided a brief section 110(l) and section
193 analysis in the response to public comments section of the final
September 25, 2013, submittal to account for the relaxation of
emissions reporting requirements.

Subsequently, on July 16, 2015, Tennessee provided EPA with a
clarifying memorandum that expanded the State's explanation for the
rule change and why the revision would not impact air quality. This
memorandum is available in the Docket for today's proposed action. In
the final September 25, 2013, submittal and in the July 16, 2015,
memorandum, Tennessee declares that the proposed SIP revision will have
no effect on any applicable requirement concerning attainment, and
reasonable further progress toward attainment and maintenance of the
NAAQS, thereby addressing section 110(l) of the Act. Tennessee further
contends that the proposed SIP revision is consistent with section 193
of the Act because it does not address any emissions reduction or
emissions control requirement and will have no effect on the emissions
of any air pollutant.
    EPA preliminarily concludes that removal of the quarterly reporting
requirement at TAPCR Rule 1200-3-20-.04 from Tennessee's SIP will not
result in an increase in emissions of any air pollutant and therefore
will not impact attainment, reasonable further progress toward
attainment, or maintenance of the NAAQS. While the proposed SIP
revision reduces emissions reporting obligations, SIP emission limits
remain unchanged. Furthermore, as discussed above, the array of
reporting requirements that will remain in effect, including title V
reporting requirements, SIP reporting requirements, emissions reporting
required by the State pursuant to the AERR, and additional reporting as
the State deems necessary, will provide Tennessee with sufficient
information to ensure that sources operate in compliance with
applicable emission limits. Therefore, EPA is proposing to find that
Tennessee's September 25, 2013, SIP revision is consistent with the
requirements of both sections 110(l) and 193 of the Act.

D. SSM SIP Call Considerations

    In this action, EPA is not proposing to approve or disapprove
revisions to any existing emission limitations that apply during SSM
events. EPA notes that on June 12, 2015, the Agency published a formal
finding that a number of states have SIPs with SSM provisions that are
contrary to the CAA and existing EPA guidance. See 80 FR 33840.
Accordingly, EPA issued a formal ``SIP call'' requiring the affected
states to make a SIP submission to correct the deficient SSM
regulations. Id. In that final action, EPA determined that TAPCR
Chapter 1200-3-20 has provisions that are contrary to the CAA,
specifically paragraph (1) of Rule 1200-3-20-.07, ``Report Required
upon the Issuance of Notice of Violation.'' As today's proposed action
only deals with the deletion of a separate reporting requirement which
is reasonably covered by other requirements, and does not impact the
provision of the Tennessee Rule implicated in the SSM SIP call, this
proposed action does not contradict the finding of inadequacy regarding
Tennessee's Rule 1200-3-20-.07(1).

II. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference the TDEC Rule 1200-3-20-.04, entitled ``Logs and Reports,''
effective June 19, 2013, which removed a quarterly reporting
requirement for total emissions and for excess emissions during SSM.
EPA has made, and will continue to make, these documents generally
available electronically through www.regulations.gov and/or in hard
copy at the Region 4 office (see the ADDRESSES section of this preamble
for more information).

III. Proposed Action

    EPA is proposing to approve the September 25, 2013, Tennessee SIP
revision consisting of removing and reserving paragraph (2) of Rule
1200-3-20-.04, ``Logs and Reports'' because it is consistent with the
CAA and federal regulations governing SIPs.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 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
proposed 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 proposed 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).
    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 as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Incorporation by reference, Reporting and
recordkeeping requirements.

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

    Dated: July 15, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2016-17715 Filed 7-26-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 175 (Tuesday, September 10, 2013)]
[Notices]
[Pages 55329-55330]
[FR Doc No: 2013-22035]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: Safe
Disposition of Life-Limited Aircraft Parts

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew an information
collection. The Federal Register Notice with a 60-day comment period
soliciting comments on the following collection of information was
published on June 26, 2013, vol. 78, no. 123, page 38431. This
collection involves response to the Wendall H. Ford Investment and
Reform Act for the 21st Century which requires that all persons who
remove any life-limited aircraft part have a method to prevent the
installation of that part after it has reached its life limit.

DATES: Written comments should be submitted by October 10, 2013.

FOR FURTHER INFORMATION CONTACT: Kathy DePaepe at<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2120-0665.
    Title: Safe Disposition of Life-Limited Aircraft Parts.
    Form Numbers: There are no FAA forms associated with this
collection of information.
    Type of Review: Renewal of an information collection.
    Background: 14 CFR Part 43 requires a record keeping system to be
maintained that will aid aircraft operators in determining the status
of the life-limited parts from inadvertently being installed that have
reached their life limit. This action reduces the risk of life-limited
parts being used beyond their life limits. This action also requires
that manufacturers of life-limited parts provide marking instructions,
when requested.
    Respondents: Approximately 8,000 air carriers, repair stations, and
mechanics.
    Frequency: Information is collected on occasion.
    Estimated Average Burden per Response: 15 minutes.
    Estimated Total Annual Burden: 104,000 hours.

ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and Budget. Comments should be
addressed to the attention of the Desk Officer, Department of
Transportation/FAA, and sent via electronic mail to<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>, or mailed to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, Docket Library, Room 10102, 725 17th Street NW., Washington, DC
20503.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.

    Issued in Washington, DC, on September 4, 2013.
Albert R. Spence,
FAA Assistant Information Collection Clearance Officer, IT Enterprises
Business Services Division, AES-200.
[FR Doc. 2013-22035 Filed 9-9-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: January 18, 2008 (Volume 73, Number 13)]
[Notices]
[Page 3458-3459]
[DOCID:fr18ja08-45]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP06-54-000; CP06-55-000]

Broadwater Energy LLC; Broadwater Pipeline LLC; Notice of
Availability of the Final Environmental Impact Statement for the
Proposed Broadwater LNG Project

January 11, 2008.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) in cooperation with the U.S. Coast Guard (Coast Guard);
U.S. Environmental Protection Agency; U.S. Army Corps of Engineers
(COE); National Oceanic and Atmospheric Administration, National Marine
Fisheries Service; and the New York Department of State has prepared a
final Environmental Impact Statement (EIS) for a liquefied natural gas
(LNG) import terminal and natural gas pipeline (referred to as the
Broadwater LNG Project) proposed by Broadwater Energy LLC and
Broadwater Pipeline LLC (jointly referred to as Broadwater) in the
above-referenced dockets. Broadwater Energy LLC is jointly owned by
TCPL USA LNG, Inc. (a subsidiary of TransCanada Corporation) and Shell
Broadwater Holdings LLC (a subsidiary of Shell Oil Company). Broadwater
Pipeline LLC is owned by Broadwater Energy LLC.
    The proposed LNG terminal would be located in New York State waters
of Long Island Sound, approximately 9 miles from the nearest shoreline
of Long Island, and about 10 miles from the nearest shoreline in
Connecticut. The terminal would be a floating storage and
regasification unit (FSRU) that would be attached to a yoke mooring
system (YMS) that includes a mooring tower embedded in the seafloor.
The FSRU would look like a marine vessel and would remain moored in
place for the duration of the Project (expected to be 30 years or
more). The YMS would allow the FSRU to pivot or ``weathervane'' around
the YMS, enabling the FSRU to orient in response to the prevailing
wind, tide, and current conditions.
    LNG would be delivered to the FSRU by LNG carriers, temporarily
stored, vaporized (regasified), and then transported in a new subsea
natural gas pipeline that would extend from the seafloor beneath the
FSRU approximately 21.7 miles to an offshore connection with the
existing Iroquois Gas Transmission System (IGTS) pipeline in Long
Island Sound.
    Natural gas would be routed from the FSRU to the subsea pipeline
and into the IGTS pipeline for delivery at an average flow rate of
about 1.0 billion cubic feet per day. LNG would be delivered to the
FSRU by 2 to 3 LNG carriers per week to meet the Project's planned
send-out volumes of natural gas. LNG carriers would transit from the
Atlantic Ocean to either the Point Judith Pilot Station (northeast of
Block Island) or the Montauk Pilot Station (southwest of Block Island).
From the Point Judith Pilot Station, carriers would transit Block
Island Sound north of Block Island, head generally west to enter Long
Island Sound at its eastern end (an area known as the Race), and then
proceed to the FSRU. From the Montauk Pilot Station, carriers would
head generally northwest to approach the Race, then proceed to the
FSRU.
    The final EIS addresses the potential environmental effects of the
construction and operation of the following LNG and natural gas
pipeline facilities:
     A double-hulled FSRU approximately 1,215 feet long and 200
feet wide, with a closed-loop shell-and-tube vaporization system and a
total

storage capacity of 350,000 cubic meters (approximately 8 billion cubic
feet);
     A berthing facility at the FSRU for receiving LNG ships
with capacities up to 250,000 cubic meters;
     A YMS embedded in the seafloor to moor the FSRU;
     Approximately 2 to 3 LNG carriers per week that would call
at the FSRU;
     LNG carriers that would transit through waters subject to
federal jurisdiction as well as waters under the jurisdiction of the
state of New York, and in some cases, may transit waters under the
jurisdiction of the states of Rhode Island and Connecticut;
     Approximately 21.7 miles of 30-inch-diameter natural gas
pipeline, a pig launcher and receiver facility, and a meter station at
the interconnect with the IGTS pipeline; and
     Onshore facilities at either Greenport or Port Jefferson,
New York, including administrative offices, a warehouse, guardhouse,
and an existing commercial pier.
    Broadwater proposes to construct the Project in two phases. The
first phase would include installation of the subsea pipeline between
October 2009 and April 2010. The second phase would include
installation of the YMS, hookup of the FSRU, and connection of the
project components between September and December 2010. Broadwater
anticipates that the Project would be in service by the end of December
2010.
    As part of this evaluation, FERC staff has prepared a final EIS to
assess the environmental impacts of the Project. The final EIS was
prepared to satisfy the requirements of the National Environmental
Policy Act (NEPA).
    The Coast Guard has assessed potential risks to navigation safety
and port security associated with the proposed Project. The Coast
Guard's safety and security assessment is documented in the Captain of
the Port Long Island Sound's Waterways Suitability Report (WSR). The
final EIS includes an analysis of the environmental impacts related to
the Coast Guard's Letter of Recommendation regarding the suitability of
the involved waterways for LNG carrier operations.
    The Coast Guard Captain of the Port Long Island Sound will issue a
Letter of Recommendation to Broadwater Energy and the appropriate
federal, state and local agencies, in accordance with 33 CFR 127.009.
The Letter of Recommendation, which will be based on the Coast Guard's
WSR, is an official determination regarding the suitability or
unsuitability of Long Island Sound to support the proposed FSRU and
associated LNG marine traffic. The Coast Guard intends to adopt all or
portions of the EIS being prepared by FERC to serve as the NEPA
analysis for the Letter of Recommendation. The Letter of Recommendation
will not be issued until after the NEPA process has been completed.
    The final EIS also evaluates alternatives to the proposal,
including alternative energy sources, system alternatives, alternative
sites for the LNG import terminal, alternative designs, pipeline
alternatives, and alternatives to the Coast Guard Letter of
Recommendation action. Based on the analysis included in the final EIS,
the FERC staff concludes that approval of the proposed Project with
appropriate mitigating measures as recommended, would have limited
adverse environmental impacts.
    The final EIS has been placed in the public files of the FERC and
is available for distribution and public inspection at: Federal Energy
Regulatory Commission, Public Reference Room, 888 First Street, NE.,
Room 2A, Washington, DC 20426,<PHONE_NUMBER>.
    A limited number of hard copies and CDs are available at the Public
Reference Room identified above. CD copies of the final EIS have been
mailed to federal, state, and local agencies; public interest groups;
and individuals who requested a copy of the final EIS or provided
comments during scoping; libraries and newspapers in the Project area;
and parties to this proceeding. Hard copy versions of the final EIS
were mailed to those specifically requesting them.
    Additional information about the Project is available from the
Commission's Office of External Affairs, at 1-866-208-FERC or on the
FERC Internet Web site (http://www.ferc.gov) using the eLibrary link.

Click on the eLibrary link, click on ``General Search'' and enter the
docket number excluding the last three digits in the Docket Number
field. Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at 1-866-208-3676, or for TTY,

contact<PHONE_NUMBER>. The eLibrary link on the FERC Internet website
also provides access to the texts of formal documents issued by the
Commission, such as orders, notices, and rulemakings.
    In addition, the Commission now offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries and direct links to
the documents. Go to the eSubscription link on the FERC Internet Web
site.

 Kimberly D. Bose,
Secretary.
 [FR Doc. E8-868 Filed 1-17-08; 8:45 am]

BILLING CODE 6717-01-P