[Federal Register Volume 80, Number 118 (Friday, June 19, 2015)]
[Notices]
[Pages 35418-35421]
[FR Doc No: 2015-15043]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75170; File No. SR-ICEEU-2015-011]

Self-Regulatory Organizations; ICE Clear Europe Limited; Notice
of Filing and Immediate Effectiveness of Proposed Rule Change Relating
to the Natural Gas Spot Contracts Policies

June 15, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder \2\ notice is hereby given that
on June 2, 2015, ICE Clear Europe Limited (``ICE Clear Europe'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been prepared primarily by ICE Clear Europe. ICE Clear
Europe filed the proposal pursuant to Section 19(b)(3)(A) of the
Act,\3\ and Rule 19b-4(f)(4)(ii) \4\ thereunder, so that the proposal
was effective upon filing with the Commission. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(4)(ii).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    ICE Clear Europe proposes amendments to its Policies and Procedures
in order to implement a clearing relationship under which ICE Clear
Europe will provide clearing services for certain natural gas spot
contracts traded on ICE Endex Gas B.V. (``ICE Endex Continental'') and
ICE Endex Gas Spot Ltd. (``ICE Endex UK'').

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

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

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

1. Purpose
    ICE Clear Europe has agreed to act as the clearing organization for
natural gas spot contracts traded on the ICE Endex Continental and ICE
Endex UK markets (the ``Natural Gas Spot Contracts''). ICE Endex UK has
been designated by the UK's Office of Gas and Electricity Markets and
appointed by National Grid Gas plc (``National Grid'') to operate the
independent market for balancing for natural gas in the U.K. (the ``on-
the-day'' commodity market). ICE Endex Continental operates spot
markets for trading of gas at relevant virtual delivery points at the
gas transmission systems of the Netherlands and Belgium. Clearing of
such contracts is currently conducted by APX Commodities Limited (``APX
UK'') and APX Clearing B.V. (``APX Continental''), respectively, and
will be moved to ICE Clear Europe. It is expected that ICE Clear Europe
will commence clearing of the Natural Gas Spot Contracts, subject to
the completion of all regulatory approvals and requirements, on or
about July 14, 2015 (or such later date determined by ICE Clear
Europe). ICE Clear Europe currently clears natural gas derivatives
traded on the ICE Endex derivatives market, including some contracts
with the same underlying products as the Natural Gas Spot Contracts.
    The clearing of Natural Gas Spot Contracts will be supported by the
F&O Guaranty Fund (and in particular the energy clearing segment of the
F&O Guaranty Fund). ICE Clear Europe anticipates that the clearing of
the Natural Gas Spot Contracts will initially require no more than a de
minimis change in the size of the F&O Guaranty Fund or the energy
segment thereof, if indeed any change is actually required. ICE Clear
Europe similarly does not anticipate the need to designate a new
Guaranty Fund period as a result of the transition. In making this
determination, ICE Clear Europe has considered and will continue to
review a number of factors, including the anticipated volume and open
interest in Natural Gas Spot Contracts based on historical trading
volume and open interest, expected market conditions in the relevant
natural gas markets, the fact that clearing of Natural Gas Spot
Contracts is expected to be conducted by existing ICE Clear Europe
Clearing Members, the identity of such members, and the margin expected
to be required in connection with the Natural Gas Spot Contracts. In
particular, the Natural Gas Spot Contracts are spot contracts with a
short settlement period and low original margin requirements compared
to the total amount of original margin held by ICE Clear Europe for
Energy Contracts. As a result, the impact on the total F&O Guaranty
Fund and its breakdown among clearing members for the next scheduled
Guaranty Fund period is expected to be minimal, in light of ICE Clear
Europe's overall energy clearing activities and Guaranty Fund
methodology.
    ICE Clear Europe submits revised Parts 1, 2, 3, 4, 6, 19 and new
Part 22 of its Rules (along with certain other conforming and
clarifying Rule and Procedure amendments) and new Parts E and J to the
Delivery Procedures to reflect the delivery arrangements in relation to
the Natural Gas Spot Contracts (along with certain other conforming and
clarifying Rule and Procedure amendments). The text of the proposed
Rule and Procedure amendments were submitted in Exhibit 5 of ICE Clear
Europe's filing, with additions underlined and deletions in
strikethrough text.
    In Part 1 of the Rules, Rule 101 is modified to add new defined
terms and revise existing definitions in connection with the ICE Endex
Continental and ICE Endex UK clearing relationships, including
designation of ICE Endex Continental and ICE Endex UK as Markets for
which ICE Clear Europe provides clearing services and the addition of
defined terms and other revisions to integrate Natural Gas Spot
Contracts into the existing ICE Clear Europe clearing framework for
energy contracts in the F&O product category. In particular,
definitions relating to ICE Endex Continental and ICE Endex UK, and
related definitions for their respective contracts, matched contracts,
transactions and rules have been added.
    In addition, certain conforming changes and clarifications have
been made to definitions relating to delivery. The definition of
``Delivery Facility'' has been revised to clarify that it also includes
certain facilities and systems for gas and power transactions. The
definition of ``Force Majeure Event'' has been expanded to include
disruptions or blackouts of gas or electricity transmission systems and
actions and omissions by Markets. Certain definitions related to gas
transactions, such as ``National Grid,'' ``Network

Code'' and ``Trade Nomination'' have also been added. The definition of
``Non-DCM/Swap'' has been revised to clarify the distinction between
spot and futures transactions for purposes of applicable CFTC
requirements. Certain other general updates to definitions have been
made, including addition of definitions for ``MiFID'' and ``MiFID II''.
    In Rule 102(f), ICE Endex UK Rules and ICE Endex Continental Rules
have been added to the list of priorities of relevant documents, and
certain cross-references have been amended. Rule 102(r) has been
revised to take into account ICE Clear Europe's status granted by a
relevant Delivery Facility or Market. New Rule 102(y) has been added to
provide that the provisions of the Rules relating to Repositories will
not apply to Contracts that are not derivatives for purposes of MiFID
or MiFID II (such as gas spot transactions). Rule 105 has been modified
to provide for the cessation of relevant business following a loss of
status from a Delivery Facility or Market. Additionally, the existing
four month notice period provided by ICE Clear Europe in the case of
certain service terminations has been shortened in the event that
action by a Regulatory Authority, Delivery Facility or Market takes
effect within a shorter period. Rule 106(a) has been modified to permit
disclosures of information pursuant to requirements under the UK's
Uniform Network Code (``Network Code''), Fluxys Belgium Rules,
Huberator Terms or the GTS Rules for gas transactions. Rule 109(b)(v)
has been revised to contemplate amendments to the Rules in order to
maintain ICE Clear Europe's status granted by a Delivery Facility or
Market. The limitations on ICE Clear Europe's liability in Rule 111
have been revised in Rule 111(c) to apply to certain actions, omissions
or failures by a Market or a Delivery Facility.
    In Part 2 of the Rules, Rule 201 has been revised to provide that
in order to be a Clearing Member for Natural Gas Spot Contracts, the
applicable nominated Transferor and Transferee for delivery under the
transactions must be a member of the applicable market (or have
arrangements in place to permit the Clearing Member to manage a default
with respect to such an entity) and satisfy certain other requirements
relevant to delivery under the relevant gas transactions. Rule 202 has
been revised to add an explicit requirement that the Clearing Member
comply with any applicable Market Rules and Delivery Facility rules and
agreements, as applicable.
    In Part 3 of the Rules, new Rule 305 addresses the interaction of
the Rules and the Network Code for ICE Endex UK transactions, including
prevention of double recoveries and treatment of certain payments in
respect of cash calls under the Network Code.
    Changes to Part 4 of the Rules incorporate Natural Gas Spot
Contracts into the procedures for submission of contracts for clearing
and establishment of cleared contracts. New Rule 404(a)(x) extends ICE
Clear Europe's discretion to avoid a Contract or Transaction in
circumstances where, solely in respect of Natural Gas Spot Transactions
or Contracts, a trade nomination has been rejected by National Grid.
Various other relevant clarifying and conforming changes concerning
transactions resulting from errors have also been incorporated.
    Rule 602 has been revised to provide expressly that ICE Clear
Europe may request a Market to withdraw orders on that Market if a
Clearing Member's positions exceed applicable position limits. Certain
other corrections and updates to cross-references have been made in
Part 6 of the Rules.
    As provided in new Rule 1906, ICE Clear Europe's sponsored
principal model for individual segregation will not be available for
Natural Gas Spot Contracts.
    New Part 22 of the Rules adopts certain transitional provisions
relating to the launch of clearing for Natural Gas Spot Contracts. In
particular, Rules 2203 and 2204 address the termination of the clearing
of Natural Gas Spot Contracts by APX Continental and APX UK and the
commencement of clearing in those contracts by ICE Clear Europe. Rule
2205 requires Clearing Members for such contracts to have deposited the
requisite amounts in the F&O Guaranty Fund and satisfy the appropriate
Original Margin requirements prior to the Launch Time. Rule 2206 also
allocates responsibility for certain disciplinary matters as among ICE
Clear Europe and APX Continental and APX UK.
    ICE Clear Europe also proposes to amend its Delivery Procedures to
add a new Part E for ICE Endex UK Natural Gas Spot Contracts and a new
Part J for ICE Endex Continental Natural Gas Spot Contracts. (Other
parts of the Delivery Procedures have been renumbered accordingly and
various cross-references have been updated as necessary.) The Delivery
Procedures amendments set forth specifications for delivery of natural
gas under the Natural Gas Spot Contracts, including relevant
definitions and a detailed delivery timetable. The amendments also
address invoicing and payment for delivery. The amendments provide for
calculation by ICE Clear Europe of buyer's and seller's security to
cover delivery obligations and related liabilities, costs or charges,
as well as procedures to address failed deliveries. The revised
procedures also set out various documentation requirements for the
relevant parties. A conforming change is also made in Paragraph 5 of
the Delivery Procedures.
    ICE Clear Europe also proposes various conforming and clarifying
amendments to the Clearing Procedures, Membership Procedures and
General Contract Terms. The Clearing Procedures have been amended to
add a reference to ICE Clear Europe's Managed File Transfer Service,
which is used for reporting and data file downloads. The Clearing
Procedures have also been modified to clarify the cash settlement
amount for F&O Contracts entered into on the last day of trading. The
Membership Procedures have been amended to update references to
relevant EU capital regulations, as well as to make conforming changes
to various information and notice requirements and delete certain
obsolete references. The General Contract Terms have been amended to
incorporate conforming changes relating to the Natural Gas Spot
Contracts.
2. Statutory Basis
    ICE Clear Europe believes that the proposed rule change is
consistent with the requirements of Section 17A of the Act \5\ and the
regulations thereunder applicable to it, including the standards under
Rule 17Ad-22,\6\ and in particular is consistent with the prompt and
accurate clearance and settlement of securities transactions and
derivative agreements, contracts and transactions cleared by ICE Clear
Europe, the safeguarding of securities and funds in the custody or
control of ICE Clear Europe and the protection of investors and the
public interest, within the meaning of Section 17A(b)(3)(F) of the
Act.\7\ Specifically, the amendments will provide for clearing of
Natural Gas Spot Contracts, consistent with ICE Clear Europe's existing
clearing arrangements. The Natural Gas Spot Contracts are spot
contracts in natural gas commodities that underlie natural gas futures
and options contracts traded on the ICE Endex market and cleared by ICE
Clear Europe. ICE Clear Europe believes that the Natural Gas Spot
Contracts present a similar risk profile to other ICE Endex contracts
currently cleared by ICE Clear Europe, and that ICE Clear Europe's
existing financial safeguards and

resources, risk management, systems and operational arrangements are
sufficient to support clearing of such products (and address physical
delivery under such products). The other changes set forth in the
proposed amendments are generally intended to conform, clarify and
update various other provisions of the Rules and Procedures, and are
consistent with the prompt and accurate clearance and settlement of
securities and derivative agreements, contracts and transactions.
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    \5\ 15 U.S.C. 78q-1.
    \6\ 17 CFR 240.17Ad-22.
    \7\ 15 U.S.C. 78q-1(b)(3)(F).
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    Clearing of the Natural Gas Spot Contracts will also satisfy the
relevant requirements of Rule 17Ad-22,\8\ as discussed below.
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    \8\ 17 CFR 240.17Ad-22.
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    Financial Resources. ICE Clear Europe will apply its existing
margin methodology for energy contracts to the new Natural Gas Spot
Contracts. ICE Clear Europe believes that this model will provide
sufficient margin to cover the risks from clearing such contracts. In
addition, ICE Clear Europe believes the F&O Guaranty Fund will provide
sufficient financial resources to support the clearing of Natural Gas
Spot Contracts consistent with the requirements of Rule 17Ad-22(b)(2)-
(3).\9\ ICE Clear Europe anticipates that clearing of the Natural Gas
Spot Contracts will initially require at most a de minimis change in
the size of the F&O Guaranty Fund or the energy clearing segment
thereof, if indeed any change is actually required, and the impact on
the total Guaranty Fund and its breakdown among clearing members for
the next Guaranty Fund period is expected to be minimal. The proposed
amendments do not affect ICE Clear Europe's financial resources devoted
to its security-based swap related (i.e., credit default swap) clearing
business. ICE Clear Europe further does not propose to alter the
segment of the F&O Guaranty Fund that primarily supports the Financials
& Softs contracts cleared by ICE Clear Europe.
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    \9\ 17 CFR 240.17Ad-22(b)(2)-(3)
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    Operational Resources. ICE Clear Europe will have the operational
and managerial capacity to clear the Natural Gas Spot Contracts as of
the commencement of clearing, consistent with the requirements of Rule
17Ad-22(d)(4).\10\ ICE Clear Europe believes that its existing systems
are appropriately scalable to handle the Natural Gas Spot Contracts,
which present a similar risk profile to other energy contracts
currently cleared by ICE Clear Europe.
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    \10\ 17 CFR 240.17Ad-22(d)(4).
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    Participant Requirements. ICE Clear Europe believes that the rule
amendments are consistent with the requirements of Rule 17Ad-22(d)(2)
\11\ to provide fair and open access through participation requirements
that are objective and publicly disclosed. The amendments establish
fair and objective criteria for the eligibility to clear Natural Gas
Spot Contracts. ICE Clear Europe clearing membership is available to
participants that meet such criteria. ICE Clear Europe clearing members
that wish to clear Natural Gas Spot Contracts will have to satisfy the
financial resources requirements to clear these products and continue
to do so in order to preserve their eligibility to clear Natural Gas
Spot Contracts. New requirements have been added to ensure that
relevant designated transferors and transferees under Natural Gas Spot
Contracts have appropriate access to the relevant market, or other
appropriate arrangements for default management. Clearing member
compliance with the requirements to clear Natural Gas Spot Contracts
will be monitored by ICE Clear Europe.
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    \11\ 17 CFR 240.17Ad-22(d)(2).
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    Settlement. ICE Clear Europe believes that the rule change will be
consistent with the requirements of Rule 17Ad-22(d)(5), (12) and (15)
\12\ as to the finality and accuracy of its daily settlement process
and avoidance of the risk to ICE Clear Europe of settlement failures.
ICE Clear Europe will use its existing settlement procedures, account
structures and approved financial institutions as used in energy
clearing for the Natural Gas Spot Contracts, with the additional
modifications set forth in the proposed rule change addressing the
interaction with delivery facilities for such contracts. ICE Clear
Europe believes that its Rules and procedures related to settlements
(including physical settlements), as amended, appropriately identify
and manage the risks associated with settlements under Natural Gas Spot
Contracts.
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    \12\ 17 CFR 240.17Ad-22(d)(5), (12) and (15).
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    Default Procedures. ICE Clear Europe believes that the Rules and
its relevant procedures, as proposed to be revised, allow it to take
timely action to contain losses and liquidity pressures and to continue
meeting its obligations in the event of clearing member insolvencies or
defaults, including in respect of Natural Gas Spot Contracts, in
accordance with Rule 17Ad-22(d)(11).\13\
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    \13\ 17 CFR 240.17Ad-22(d)(11).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    ICE Clear Europe does not believe the proposed rule change would
have any impact, or impose any burden, on competition not necessary or
appropriate in furtherance of the Act. ICE Endex Continental and ICE
Endex UK are established markets for the Natural Gas Spot Contracts,
and ICE Clear Europe does not anticipate that its becoming the clearing
house for the Natural Gas Spot Contracts will adversely affect the
trading market for those contracts on ICE Endex Continental or ICE
Endex UK. ICE Clear Europe has established fair and objective criteria
for eligibility to clear Natural Gas Spot Contracts that are
appropriate to the characteristics and requirements of those markets.
ICE Clear Europe does not believe that acceptance of the Natural Gas
Spot Contracts for clearing would adversely affect access to clearing
for clearing members or their customers or other market participants,
or materially and adversely affect the cost of clearing for market
participants. Similarly, ICE Clear Europe does not believe the proposed
change would otherwise adversely affect competition among clearing
members or for clearing services generally.

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

    Written comments relating to the proposed amendments have not been
solicited or received. ICE Clear Europe will notify the Commission of
any written comments received by ICE Clear Europe.

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

    The foregoing rule change has become effective upon filing pursuant
to Section 19(b)(3)(A) \14\ of the Act and Rule 19b-4(f)(4)(ii) \15\
thereunder because it effects a change in an existing service of a
registered clearing agency that primarily affects the clearing
operations of the clearing agency with respect to products that are not
securities, including futures that are not security futures, swaps that
are not security-based swaps or mixed swaps, and forwards that are not
security forwards, and does not significantly affect any securities
clearing operations of the clearing agency or any rights or obligations
of the clearing agency with respect to securities clearing or persons
using such securities-clearing service.\16\ At any

time within 60 days of the filing of the proposed rule change, the
Commission summarily may temporarily suspend such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.
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    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(4)(ii).
    \16\ ICE Clear Europe notes in its filing that the proposed rule
change also contains certain conforming and clarifying changes, as
well as updates to various definitions and provisions, as discussed
herein. ICE Clear Europe believes that these changes do not
significantly affect the substantive rights or obligations of ICE
Clear Europe or its Clearing Members (or otherwise adversely affect
the safeguarding of funds or securities in the custody or control of
the Clearing House or for which it is responsible), and therefore
would also qualify for immediate effectiveness under Rule 19b-
4(f)(4)(i), 17 CFR 240.19b-4(f)(4)(i).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml) or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-ICEEU-2015-011 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ICEEU-2015-011. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filings will also be available
for inspection and copying at the principal office of ICE Clear Europe
and on ICE Clear Europe's Web site at https://www.theice.com/clear-europe/regulation. All comments received will be posted without change;
the Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
ICEEU-2015-011 and should be submitted on or before July 10,  2015.
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    \17\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-15043 Filed 6-18-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: June 13, 2007 (Volume 72, Number 113)]
[Notices]
[Page 32636]
[DOCID:fr13jn07-54]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP99-513-041]

Questar Pipeline Company; Notice of Negotiated Rates Filing

June 5, 2007.
    Take notice that on May 31, 2007, Questar Pipeline Company
(Questar) tendered for filing as part of its FERC Gas Tariff, First
Revised Volume No. 1, Forty-First Revised Sheet No. 7, Original Sheet
No. 7.01 and Thirteenth Revised Sheet No. 7A, to be effective May 1,
2007.
    Questar states the filing is being filed to update its tariff by
revising the Statement of Negotiated Rates. Questar states that the
update reflects three new negotiated-rate contracts and associated
footnote.
    Questar states that its negotiated-rate contract provisions were
authorized by Commission orders issued October 27, 1999, and December
14, 1999, in Docket Nos. RP99-513, et al.
    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 and 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 in accordance with the provisions of
Sec.  154.210 of the Commission's regulations (18 CFR 154.210). Anyone
filing an intervention or protest must serve a copy of that document on
the Applicant. Anyone filing an intervention or protest on or before
the intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    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 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>.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-11356 Filed 6-12-07; 8:45 am]

BILLING CODE 6717-01-P


Mary Dominiak 12/ 10/ 03 03: 44 PM To: Mary Dominiak/ DC/ USEPA/ US@ EPA cc: bcc: Brigitte Farren/ DC/ USEPA/ US Subject: Materials and Quick Action Items from 12 8 03 PFOA ECA Telomer Technical Workgroup meeting You are receiving this message because you have expressed an interest in receiving information concerning the Agency's enforceable consent agreement ( ECA) process on perfluorooctanoic acid ( PFOA) and the fluorinated telomers, OPPT 2003 0012. If you no longer wish to receive this information, please reply to dominiak. mary@ epa. gov requesting that you be removed from this notification list.

As a reminder, you can access the docket for this proceeding online by using this embedded direct link, or if the link does not work with your browser, by going to www. epa. gov/ edocket/ and using the " Quick Search" feature to locate docket OPPT 2003 0012. You can submit comments directly to the docket by using the online " Submit Comments" button.

**************************************************************************************** TO: PFOA ECA Technical Workgroup and Plenary Meeting Attendees Attached please find copies of documents that were presented at the PFOA ECA Telomer Technical Workgroup meeting on Monday, December 8, 2003. Additional documents used at the meeting were circulated via email on December 2 and 5, 2003. Copies of all of these documents are being placed in the docket. A summary of this meeting is being prepared and will be circulated and entered into the docket as soon as possible.

The attached documents include:

The agenda and attendance list for the meeting l The slide presentation prepared by EPA providing a progress report on the Telomer Incineration l ECA The slide presentation by Environ, acting on behalf of the Telomer Research Program, illustrating an l industry conceptual proposal for community monitoring in Dalton, Georgia, the location of the majority of carpet production in the United States ( the attached file is a low resolution one, provided for email purposes; a PDF copy of the high resolution file displayed at the meeting will appear in the docket and is available on request) The slide presentation by EPA on developing an ECA on biodegradation of telomers l A handout prepared by EPA listing outstanding technical issues for discussion and determination l concerning biodegradation ECA testing A draft proposed timeline ( schedule) prepared by EPA for biodegradation ECA testing, intended to l illustrate the length of various tests and provide a rough approximation of when data might begin to become available if those tests were to be done under an ECA.

A list of quick Action Items from this meeting appears below, divided according to the parties responsible for each Action Item. Please note that this list was generated very quickly and may not be fully comprehensive. Additional details on these Action Items will be available when the meeting summary is completed.

Telomer Workgroup Action Items TRP Provide EPA with a written Statement of Purpose ( SOP) justifying the different circumstances that l might allow waiving GLP requirements for incineration testing, and including a justification for use of the University of Dayton laboratories for the incineration experiments. Develop a more detailed proposal for review at the next meetings in January 2004 concerning l community monitoring in Dalton, Georgia. The proposal should include timing, sampling frequency, number of samples, analytical method development, etc. Present an progress report on Articles of Commerce Testing at the January 27, 2004 Telomer l Technical Workgroup Meeting. Provide EPA with the factors that would determine industry's willingness to conduct the Aerobic l and Anaerobic Transformation in Aquatic Sediment Systems ( OECD 308) and Anaerobic Biodegradability of Organic Compounds in Digested Sludge ( OECD 311) tests. Provide EPA with any available information on storage stability testing. l Provide EPA with available data from the Telomer 8 2 alcohol studies currently underway. l Provide EPA with written comments on the " Road Map" upon review. l Develop robust ( 15 page) biodegradation protocols suitable for attachment to an ECA on Modified l SCAS Test for Insoluble & Volatile Chemicals ( OPPTS 835.5045) and Aerobic/ Anaerobic Transformations in Soil ( OECD 307) on 4 pure polymers by January 20, 2004. The ECA proposals should also include technical consultation or peer consultation steps for determination of triggers for conducting the Simulation Test Aerobic Sewage Treatment ( OECD 303A)

EPA Send interactive PowerPoint version of EPA's " Road Map" with appropriate caveats and request for l comment. EPA agreed to make modifications to the " Road Map" to reflect this was EPA's view of data needs l rather than agreement by all interested parties. EPA emphasized that the " Road Map" was a document that would be constantly under development and revision. Identify references in EPA's " Road Map" by docket number and insure all references are available in l AR 226, OPPT 2003 0012, or publications within 3 weeks. EPA to provide TRP with the Voluntary Children's Chemical Evaluation Program ( VCCEP) l boilerplate language on peer consultation for review.

Interested Parties Interested parties to provide EPA with written comments on the " Road Map" upon review. l If you have any questions or comments, or if you experience any difficulties with the attached files, please contact me.

Sincerely,

Mary F. Dominiak U. S. Environmental Protection Agency EPA East, Mail Code 7405M 1200 Pennsylvania Avenue, NW Washington, DC 20460 Phone: 202 564 8104 Fax: 202 564 4775 Courier deliveries: 1201 Constitution Ave., NW, Room 4410; 564 4760 TelomerIncinECAupdate12_ 7_ 03. pdf Attend list, telomers, 12 8 03. pdf Developing an ECA. pdf Telomer biodeg timeline 12052003. pdf 12 8 Presentation LowRes [ Read Only]. pdf Biodeg_ techtestingissues 12052003. pdf