 PRIVATE  UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 8

999 18TH STREET- SUITE 200

DENVER, CO   80202-2466

Phone<PHONE_NUMBER>

http://www.epa.gov/region08

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	Ref:  8P-AR

	Date:  October 10, 2006

  SEQ CHAPTER \h \r 1 MEMORANDUM

SUBJECT:	Conference Call with Rocky Mountain Clean Air Action Regarding
Submitted Adverse Comments Concerning the Denver Early Action Compact
(EAC) – Ref. 71 FR 45492, August 9, 2006

FROM:	Timothy J. Russ

		Environmental Scientist

		USEPA Region 8

TO:		Docket:  EPA-HQ-OAR-2003-0090

	 A conference call was held on October 5, 2006 with Jeremy Nichols of
Rocky Mountain Clean Air Action and staff from EPA’s Region 8 Air
Program and the Region 8 Office of Regional Counsel (ORC) to discuss
concerns expressed by the above environmental organization, in its
letter to the docket dated September 8, 2006, regarding EPA’s proposed
rule of August 9, 2006 to defer the Denver EAC’s effective date of
nonattainment to April 15, 2008.

	Major concerns were; (1) EPA’s proposal to grant the April 15, 2008
deferred effective date for the Denver EAC while the Colorado Air
Quality Control Commission (AQCC) was currently engaged in rulemaking
activities involving revisions to section XII of Colorado’s Regulation
No. 7 and, (2) how long would it take EPA to act on the Regulation No. 7
SIP revisions once they were submitted by the Governor.

For our response to issue 1:  If approved by the AQCC and Colorado
Legislature, the revisions to Regulation No. 7 would require additional
volatile organic compound (VOC) emission reductions from oil and gas
facilities that are located in the Denver EAC area.  Final rulemaking
action by the AQCC would not happen until at least November 16, 2006 and
not until early 2007 by the State Legislature.  To accommodate this
concern, EPA distributed via e-mail and discussed, with the above
environmental organization, the timeframe below for possible action by
EPA on the Denver EAC effective date deferral.

State process for the Reg 7 section XII SIP revisions:

August 17, 2006 – Colorado Air Quality Control Commission (AQCC)
proposed for public comment revisions to Reg. 7 to address emissions
from the oil and gas industry

November 16, 2006 – completion of 90-day public process including a
public hearing will occur which may be directly followed by a final
adoption by the AQCC (if necessary, the AQCC could continue the public
hearing into their December, 2006 meeting and take final action then)

If the AQCC takes final action in November or December 2006, then the
Reg 7 SIP revisions will be posted for Legislative review for 30 days
beginning January 15, 2007.  (NOTE - The Colorado Legislature is only in
session the first week of January through the first week of May each
year.)

February 15, 2007- If by this date no Legislator asks to review the Reg
7 SIP revisions, they are automatically approved

February 15, 2007 through possibly early May 2007 - If a Legislator asks
for a review, then the Reg 7 SIP revisions must undergo the entire
legislative process (committee review/approval. etc.) and be attached to
a Bill for action and approval by the full Legislature.   During this
process, the Reg 7 section XII SIP revisions could be modified or
amended and then approved by the Legislature.

Potential Deferred Effective Date Rulemaking timeline by EPA for the
Denver EAC:

Timing:   EPA proceeds with a final rule in November, 2006 that would
grant a deferred effective date to July 1, 2007 for the Denver EAC.  If
Colorado adopts Reg. 7, EPA anticipates that it would undertake
rulemaking to determine whether to extend the deferred effective date
beyond July 1, 2007. A likely schedule for such rulemaking is:

March 1, 2007, EPA proposes whether to extend the final deferred
effective date for the Denver EAC to April 15, 2008.  This opens a
30-day comment period.

April 1, 2007 – comment period closes

April 2007 – evaluate comments

May 1, 2007 – EPA prepares final rule and starts concurrence process

May  25, 2007 – Administrator’s signature on rule

June 1, 2007 – publication w/ 30-day effective date

The above scenario would allow both the AQCC and Colorado Legislature to
complete their respective functions and also allow EPA appropriate
amount of time to complete rulemaking the rules adopted by Colorado.

	For our response to issue 2:  We indicated that EPA could only act on a
SIP revision once it was actually submitted by the Governor.  This would
all be dependent on how quickly the Regulation No. 7 revisions proceeded
through the Colorado Legislative process.  We also discussed necessary
time frames for processing SIP rules through EPA and for publication by
the Office of the Federal Register.

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[Federal Register: October 6, 2006 (Volume 71, Number 194)]
[Notices]
[Page 59108-59110]
[DOCID:fr06oc06-64]

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ENVIRONMENTAL PROTECTION AGENCY

 [EPA-HQ-OPPT-2006-0794; FRL-8099-2]

Documents to be Addressed at the Second Meeting of the Stockholm
Convention on Persistent Organic Pollutants Review Committee

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice alerts readers to the documents which will be
discussed at the Second Persistent Organic Pollutants Review Committee
(POPRC) meeting from November 6-10, 2006 in Geneva, Switzerland, and
provides an overview of the procedural steps these chemicals will
follow. Among the technical documents to be discussed are five risk
profiles for chemicals previously proposed in November 2005 for
addition to the Stockholm Convention on Persistent Organic Pollutants
(POPs) Annexes A, B, and/or C and proposals for five new chemicals to
be added to those Annexes at the November 2006 meeting. Other documents
to be discussed can be found on the meeting agenda posted on the
Stockholm Convention website and include standard work plans for draft
risk management evaluations and risk profiles, confidentiality
arrangements, and treatment of isomers. The meeting documents have been
posted at http://www.pops.int/documents/meetings/poprc_2/default.htm.

DATES: Comments must be received on or before October 31, 2006.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2006-0794, by one of the following methods.
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001.
     Hand Delivery: OPPT Document Control Office (DCO), EPA
East, Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. Attention:
Docket ID Number EPA-HQ-OPPT-2006-0794. The DCO is open from 8 a.m. to
4 p.m., Monday through Friday, excluding legal holidays. The telephone
number for the DCO is<PHONE_NUMBER>. Such deliveries are only accepted
during the DCO's normal hours of operation, and special arrangements
should be made for deliveries of boxed information.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2006-0794. EPA's policy is that all comments received will be included
in the public 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 public 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
regulations.gov index. 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, will be publicly available only in hard copy.
Publicly available docket materials are available electronically at
http://www.regulations.gov, or, if only available in hard copy, at the

OPPT Docket, EPA Docket Center (EPA/DC). The EPA/DC suffered structural
damage due to flooding in June 2006. Although the EPA/DC is continuing
operations, there will be temporary changes to the EPA/DC during the
clean-up. The EPA/DC Public Reading Room, which was temporarily closed
due to flooding, has been relocated in the EPA Headquarters Library,
Infoterra Room (Room Number 3334) in EPA West, located at 1301
Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room
is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number of the EPA/DC Public Reading Room
is<PHONE_NUMBER>, and the telephone number for the OPPT Docket is
(202) 566-0280. EPA visitors are required to show photographic
identification and sign the EPA visitor log. Visitors to the EPA/DC
Public Reading Room will be provided with an EPA/DC badge that must be
visible at all times while in the EPA Building and returned to the
guard upon departure. In addition, security personnel will escort
visitors to and from the new EPA/DC Public Reading Room location. Up-
to-date information about the EPA/DC is on the EPA website at http://www.epa.gov/epahome/dockets.htm
.

FOR FURTHER INFORMATION CONTACT: For general information contact: Colby
Lintner, Regulatory Coordinator, Environmental Assistance Division
(7408M), Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
    For technical information contact: Amy Breedlove, Chemical Control
Division (7405M), Office Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of
particular interest to industrial chemical and pesticide manufacturers,
importers, and processors. Since other entities may also be interested,
the Agency has not attempted to describe all the specific entities that
may be affected by this action. 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. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed CBI. In addition to one complete
version of the comment that includes information claimed as CBI, a copy
of the comment that does not contain the information claimed as CBI
must be submitted for inclusion in the public docket. Information so
marked will not be disclosed except in accordance with procedures set
forth in 40 CFR part 2.
    2. Procedures for preparing confidential information related to
pesticides and industrial chemicals are in Unit I.B.1. Send
confidential information about industrial chemicals using the
submission procedures under ADDRESSES. Send confidential information
about pesticides to: Janice K. Jensen, Office of Pesticide Programs
(7506P), Environmental Protection Agency, Washington, DC 20460-0001 or
hand delivered to: Janice K. Jensen, Office of Pesticide Programs
(7506P), Potomac Yards South, Rm. S11317, 2777 South Crystal Dr.,
Arlington, VA 22202.
    3. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
     ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
     iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
     iv. Describe any assumptions and provide any technical information
and/or data that you used.
     v. If you estimate potential costs or burdens, explain how you
arrived at the estimate.
     vi. Provide specific examples to illustrate your concerns, and
suggested alternatives.
     vii. Explain your views as clearly as possible, avoiding the use
of profanity or personal threats.
     viii. Make sure to submit your comments by the comment period
deadline identified.

II. Background

    The Stockholm Convention on Persistent Organic Pollutants (POPs) is
a multilateral environmental agreement designed to protect human health
and the environment from POPs. The United States signed the Convention
in May of 2001 but has not yet ratified it (and thus is not a Party to
the Convention). The United States currently participates as an
observer in Convention activities. The Convention, which went into
force in May of 2004, requires the Parties to reduce or eliminate the
production and use of a number of intentionally produced POPs used as
pesticides or industrial chemicals. The Convention also calls upon
Parties to take certain specified measures to reduce releases of
certain unintentionally produced POPs with the goal of their continuing
minimization and, where feasible, ultimate elimination. The Convention
also imposes controls on the handling of POPs wastes and on trade in
POPs chemicals. In addition, there are specific science-based
procedures that Parties to the Convention must use when considering the
addition of new chemicals to the Convention's Annexes.
    The first meeting of the Committee that reviews proposals for
listing of new chemicals, called POPRC, took place in November 2005 in
Geneva, Switzerland. Information about the Convention and the November
2005 POPRC meeting is available at the Convention website (http://www.pops.int/ and http://www.pops.int/documents/meetings/poprc/),

respectively. POPRC had before it five proposals which were submitted
for its consideration by Parties to the Convention, for addition to
Annexes A, B, and/or C of the Convention. Three of the five proposals
were for industrial chemicals: Pentabromodiphenyl ether (CAS No. 32534-
81-9), hexabromobiphenyl (CAS No. 36355-01-8), and PFOS. Two of the
five proposals were for pesticides: Lindane

(CAS No. 58-89-9) and chlordecone (CAS No. 143-50-0).
    At the November 2005 meeting, in accordance with the procedures
laid down in Article 8 of the Convention, POPRC examined the proposals
and applied the screening criteria in Annex D of the Convention
(``Information Requirements and Screening Criteria''). With regard to
all five chemicals, POPRC decided that it was satisfied that the
screening criteria had been fulfilled and that further work should
therefore be undertaken in accordance with the provisions of the
Convention.
    The five chemicals being newly proposed at the November 2006
meeting for inclusion in Annexes A, B and/or C of the Stockholm
Convention are two industrial chemicals: Octabromodiphenyl ether (CAS
No. 32536-52-0) and pentachlorobenzene (CAS No. 608-93-5); one chemical
with both industrial and pesticidal uses: Short-chained chlorinated
paraffins (CAS No. 85535-84-8); and two pesticides: Alpha
hexachlorocyclohexane (CAS No. 319-84-6) and beta hexachlorocyclohexane
(CAS No. 319-85-7).
    Article 8 provides that once POPRC is satisfied that the screening
criteria in Annex D have been fulfilled in the proposals, the following
steps are then undertaken:
     Parties and observers are requested to provide additional
information about the chemical, including information to be used in
developing the risk profiles, per Annex E (``Information Requirements
for the Risk Profile'').
     Draft risk profiles are prepared for consideration by
POPRC.
     POPRC reviews the risk profiles and decides, on the basis
of the risk profile, if the chemical is likely, as a result of its
long-range environmental transport, to lead to significant adverse
human health and/or environmental effects, such that global action is
warranted. If POPRC determines that action is warranted, or the
Conference of the Parties (COP) determines that the proposal shall
proceed, then Parties and observers will be asked to provide
information, per Annex F (``Information on Socio-Economic
Considerations''), to aid in the development of risk management
evaluations.
     Once POPRC is satisfied with the risk management
evaluation, POPRC then prepares a recommendation whether to list the
chemical for consideration by COP.
     COP makes the final decision on listing the chemical in
Annexes A, B, and/or C.
    EPA anticipates issuing Federal Register notices, with at least 30
day comment periods, soliciting information after all but the last
step, when appropriate.

A. What Action is the Agency Taking?

    The Agency is issuing this notice to increase awareness of the
documents being discussed at POPRC in November 2006, the status of
their review under the Convention, and upcoming procedural steps
required by the Convention. The Agency will also use any comments
received to inform its position on issues for the meeting. The relevant
meeting documents have been posted at http://www.pops.int/documents/meetings/poprc_2/default.htm
.

    Comments, identified by docket ID number EPA-HQ-OPPT-2006-0794,
must be received on or before October 31, 2006.

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

    EPA is requesting comment and information under the authority of
section 102(2)(F) of the National Environmental Policy Act, 42 U.S.C.
4321 et seq., which directs all agencies of the Federal Government to
``[r]ecognize the worldwide and long-range character of environmental
problems and, where consistent with the foreign policy of the United
States, lend appropriate support to initiatives, resolutions and
programs designed to maximize cooperation in anticipating and
preventing a decline in the quality of mankind's world environment.''
Section 17(d) of the Federal Insecticide, Fungicide and Rodenticide Act
(FIFRA) also provides additional support in that it directs the
Administrator of EPA ``in cooperation with the Department of State and
any other appropriate Federal agency, [to] participate and cooperate in
any international efforts to develop improved pesticide research and
regulations.''

List of Subjects

    Environmental protection, Chemicals, Hazardous substances.

    Dated: October 2, 2006.
Charles M. Auer,
Director, Office of Pollution Prevention and Toxics.
[FR Doc. E6-16577 Filed 10-5-06; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register: October 24, 2007 (Volume 72, Number 205)]
[Rules and Regulations]
[Page 60251-60255]
[DOCID:fr24oc07-13]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 158 and 161

[EPA-HQ-OPP-2004-0387; FRL-8116-2]

Pesticides: Redesignation of part 158; Technical Amendments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is redesignating certain pesticide data requirements
currently located in 40 CFR part 158 into a new part 161. The data
requirements being transferred apply to antimicrobial pesticides. EPA
is also making conforming changes and cross-reference revisions to the
newly redesignated material. The redesignation is intended to preserve
regulatory data requirements for antimicrobial pesticides, while
preparing for the promulgation of final rules pertaining to data
requirements for conventional pesticides, biochemical, and microbial
pesticides.

DATES: This final rule is effective December 24, 2007.

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2004-0387. To access the
electronic docket, go to http://www.regulations.gov, select ``Advanced

Search,'' then ``Docket Search.'' Insert the docket ID number where
indicated and select the ``Submit'' button. Follow the instructions on
the regulations.gov web site to view the docket index or access
available documents. All documents in the docket are listed in the
docket index available in regulations.gov. Although listed in the
index, some information is not publicly available, e.g., Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either in the electronic docket at http://www.regulations.gov
, or, if only available in hard copy, at the OPP

Public Docket, in Rm. S-4400, One Potomac Yard (South Building), 2777
S. Crystal Drive, Arlington, VA. The Docket Facility is open from 8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
Docket telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Jean Frane, Field and External Affairs
Division 7506P), Office of Pesticide Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington DC 20460-0001;
telephone 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 are a
producer or registrant of an antimicrobial pesticide product, including
wood preservatives and antifouling products. This action may also
affect any person or company who might petition the Agency for new
tolerances, hold a pesticide registration with existing tolerances, or
any person or company who is interested in obtaining or retaining a
tolerance in the absence of a registration, that is, an import
tolerance. Potentially affected entities may include, but are not
limited to:
     Producers of cleaning preparations that include an
antimicrobial pesticide (NAICS code 3256).
     Pesticide manufacturers or formulators of paints or
coatings that contain an antimicrobial pesticide (NAICS code 32551).
    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)
code has 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 persons listed under FOR FURTHER INFORMATION CONTACT.

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

    In addition to using regulations.gov, you may access this Federal
Register document electronically through the EPA Internet under the
``Federal Register'' listings at http://www.epa.gov/fedrgstr.

II. What Does this Redesignation Do?

    In the Federal Register of March 11, 2005 (70 FR 12276), EPA issued
a proposed rule to revise its pesticide data requirements for
conventional pesticides. Those data requirements, currently located in
40 CFR part 158, cover all pesticides. EPA's purpose in developing data
requirements devoted to conventional pesticides (and subsequently for
biochemical and microbial pesticides) was to tailor data requirements
for different types of pesticides to make them more transparent and
flexible. As part of that effort, EPA intends in the future to issue a
proposed rule updating data requirements for antimicrobial pesticides,
including wood preservatives and antifoulants.
    EPA is shortly issuing final rules for conventional pesticides,
biochemical and microbial pesticides. Those rules would supersede
current part 158 data requirements in their entirety. Unless EPA acts
to preserve the data requirements applicable to antimicrobial
pesticides, the promulgation of the final rules would eliminate any
regulatory data requirements for antimicrobial pesticides.
    Accordingly, EPA is issuing a final rule that would preserve the
current data requirements for antimicrobial pesticides until such time
as a final rule can be promulgated and made effective.
    To accomplish this, EPA is moving those portions of current part
158 that apply to antimicrobial pesticides into new part 161, and
making technical corrections to accommodate the change. Specifically,
the following changes are being made:
    1. EPA is removing sections of part 158 that relate only to
biochemical and microbial pesticides, including Sec. Sec.  158.65,
158.690 and 158.740. These sections had, and would not have, any
bearing on antimicrobial data requirements.
    2. EPA is also removing Sec.  158.50 pertaining to the formulators'
exemption because this material will be consolidated in Sec.  152.85
when final rules for conventional pesticides and biochemical and
microbial pesticides are promulgated.
    3. EPA is making internal cross-reference changes from ``158'' to
``161'' throughout the redesignated material.
    4. In new Sec.  161.108, EPA has updated the Guidelines information
to reflect the current order numbers from the National Technical
Information Service.

III. Why is this Redesignation Issued as a Final Rule?

    Section 553 of the Administrative Procedure Act (APA), 5 U.S.C.
553(b)(B), provides that, when an Agency for good cause finds that
notice and public procedure are impracticable, unnecessary or contrary
to the public interest, the Agency may issue a final rule without
providing notice and an opportunity for public comment. EPA has
determined that there is good cause for making today's rule final
without prior proposal and opportunity for comment, because EPA is
acting to preserve existing data requirements that would otherwise be
removed from the Code of Federal Regulations by promulgation of an
impending final rule. Redesignating the material in advance of
promulgation will also avoid potential errors in accomplishing a
complex transition in the Code of Federal Regulations. EPA finds that
this constitutes good cause under 5 U.S.C. 553(b)(B).

IV. Do Any of the Statutory and Executive Order Reviews Apply to this
Action?

    This rule redesignates, makes technical changes and cross-reference
corrections in the EPA regulations governing pesticides. The amendments
are administrative in nature. Other than making EPA regulations clearer
and more transparent, these amendments are not expected to have any
impact on regulated parties or the public.
    Accordingly, these amendments are not subject to review under
Executive Order 12866, entitled Regulatory Planning and Review (58 FR
51735, October 4, 1993), as a significant regulatory action. Because
the Agency has made a ``good cause''finding that this action is not
subject to notice-and-comment requirements under the Administrative
Procedure Act or any other statute. this rule has been exempted from
review under Executive Order 12866. Moreover, for the same reason, this
rule is not subject to Executive Order 13211, Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use (66 FR 28355, May 22, 2001). This rule does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA), 44 U.S.C. 3501 et seq., or impose any enforceable
duty or contain any unfunded mandate as described under Title II of the
Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104-4). Nor
does it require any special considerations under Executive Order 12898,
entitled Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations (59 FR 7629, February 16, 1994);
or OMB review or any Agency action under Executive Order 13045,
entitled Protection of Children from Environmental Health Risks and
Safety Risks (62 FR 19885, April 23, 1997). This action does not
involve any technical standards that would require Agency consideration
of voluntary consensus standards pursuant to section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (NTTAA),
Public Law 104-113, section 12(d) (15 U.S.C. 272 note). Since, as
detailed above, these amendments will have no detrimental impact on
regulated parties or the public, EPA certifies under the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et seq.) that the amendments will
not have a significant impact on a substantial number of small
entities.
    In addition, the Agency has determined that this action will not
have a substantial direct effect on States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132, entitled Federalism (64 FR 43255,
August 10, 1999). Executive Order 13132 requires EPA to develop an
accountable process to ensure ``meaningful and timely input by State
and local officials in the development of regulatory policies that have
federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' This rule is directed at pesticide manufacturers and
others who seek to register, amend or maintain a registration or to
establish, modify, or revoke a pesticide tolerances or exemptions, not
States. For these same reasons, the Agency has determined that this
rule does not have any ``tribal implications'' as described in
Executive Order 13175, entitled Consultation and Coordination with
Indian Tribal Governments (65 FR 67249, November 6, 2000). Executive

Order 13175, requires EPA to develop an accountable process to ensure
``meaningful and timely input by tribal officials in the development of
regulatory policies that have tribal implications.'' ``Policies that
have tribal implications'' is defined in the Executive Order to include
regulations that have ``substantial direct effects on one or more
Indian tribes, on the relationship between the Federal Government and
the Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.'' This rule will not
have substantial direct effects on tribal governments, on the
relationship between the Federal Government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to this rule.

V. Congressional Review Act

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

List of Subjects

40 CFR Part 158

    Environmental protection, Confidential business information,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements

40 CFR Part 161

    Environmental protection, Pesticides and pests, Reporting and
recordkeeping requirements

    Dated: October 11, 2007.
James B. Gulliford,
Assistant Administrator, Office of Prevention, Pesticides, and Toxic
Substances.

PART 158--[AMENDED]

0
1. The authority citation for part 158 continues to read as follows:

    Authority: 7 U.S.C. 136 - 136y.

Sec. Sec.  158.50, 158.65, 158.690 and 158.740  [Removed]

0
2. Sections 158.50, 158.65, 158.690, and 158.740 are removed.

PART 158--[REDESIGNATED AS PART 161 AND AMENDED]

0
3. The remainder of part 158, consisting of subparts A, B, C, and D are
redesginated as part 161, subparts A, B, C, and D as shown in the
Redesignation table below:

------------------------------------------------------------------------
    Old part, subpart or section         New part, subpart or section
------------------------------------------------------------------------
Part 158--Data Requirements for      Part 161--Data Requirements for
 Registration                         Registration of Antimircobial
                                      Pesticides
------------------------------------------------------------------------
Subpart A                            Subpart A
------------------------------------------------------------------------
158.20                               161.20
------------------------------------------------------------------------
158.25                               161.25
------------------------------------------------------------------------
158.30                               161.30
------------------------------------------------------------------------
158.32                               161.32
------------------------------------------------------------------------
158.33                               161.33
------------------------------------------------------------------------
158.34                               161.34
------------------------------------------------------------------------
158.35                               161.35
------------------------------------------------------------------------
158.40                               161.40
------------------------------------------------------------------------
158.45                               161.45
------------------------------------------------------------------------
158.55                               161.55
------------------------------------------------------------------------
158.60                               161.60
------------------------------------------------------------------------
158.70                               161.70
------------------------------------------------------------------------
158.75                               161.75
------------------------------------------------------------------------
158.80                               161.80
------------------------------------------------------------------------
158.85                               161.85
------------------------------------------------------------------------
Subpart B                            Subpart B
------------------------------------------------------------------------
158.100                              161.100
------------------------------------------------------------------------
158.101                              161.101
------------------------------------------------------------------------

158.102                              161.102
------------------------------------------------------------------------
158.108                              161.108
------------------------------------------------------------------------
Subpart C                            Subpart C
------------------------------------------------------------------------
158.150                              161.150
------------------------------------------------------------------------
158.153                              161.153
------------------------------------------------------------------------
158.155                              161.155
------------------------------------------------------------------------
158.160                              161.160
------------------------------------------------------------------------
158.162                              161.162
------------------------------------------------------------------------
158.165                              161.165
------------------------------------------------------------------------
158.167                              161.167
------------------------------------------------------------------------
158.170                              161.170
------------------------------------------------------------------------
158.175                              161.175
------------------------------------------------------------------------
158.180                              161.180
------------------------------------------------------------------------
158.190                              161.190
------------------------------------------------------------------------
Subpart D                            Subpart D
------------------------------------------------------------------------
158.202                              161.202
------------------------------------------------------------------------
158.240                              161.240
------------------------------------------------------------------------
158.290                              161.290
------------------------------------------------------------------------
158.340                              161.340
------------------------------------------------------------------------
158.390                              161.390
------------------------------------------------------------------------
158.440                              161.440
------------------------------------------------------------------------
158.490                              161.490
------------------------------------------------------------------------
158.540                              161.540
------------------------------------------------------------------------
158.590                              161.590
------------------------------------------------------------------------
158.640                              161.640
------------------------------------------------------------------------
Appendix A To Part 158--Data         Appendix A To Part 161--Data
 Requirements For Registration: Use   Requirements For Registration: Use
 Pattern Index                        Pattern Index
------------------------------------------------------------------------

Sec.  161.25  [Amended]

0
4. In newly redesignated Sec.  161.25, references to ``Sec.  158.35,''
``Sec.  158.40,'' ``Sec.  158.45,'' ``Sec.  158.60,'' ``Sec.  158.100''
and ``Sec.  158.101'' are revised to read ``Sec.  161.35,'' ``Sec.
161.40,'' ``Sec.  161.45,'' ``Sec.  161.60,'' ``Sec.  161.100,'' and
``Sec.  161.101,'' respectively, wherever they occur.

Sec.  161.30  [Amended]

0
5. In newly redesignated Sec.  161.30, references to ``part 158,''
``Sec.  158.75,'' and ``Sec.  158.160'' are revised to read ``part
161,'' ``Sec.  161.75,'' and ``Sec.  161.160,'' respectively, wherever
they occur.

Sec.  161.32  [Amended]

0
6. In newly redesignated Sec.  161.32, references to ``Sec.  158.33,''
and ``Sec.  158.34(b)'' are revised to read ``Sec.  161.33,'' and
``Sec.  161.34(b),'' respectively, wherever they occur.

Sec.  161.34  [Amended]

0
7. In newly redesignated Sec.  161.34, in paragraph (b), the reference
to ``Sec.  158.34(c)'' is revised to read ``paragraph (c) of this
section'' and in paragraphs (c)(1) and (c)(2) the reference to ``40 CFR
158.34'' is revised to read to read ``40 CFR 161.34,''.

Sec.  161.35  [Amended]

0
8. In newly redesignated Sec.  161.35, references to ``Sec.
158.20(b),'' ``Sec.  158.40,'' ``Sec.  158.45,'' ``Sec.  158.60,''
``Sec.  158.75'' and ``Sec.  158.80'' are revised to read ``Sec.
161.20(b),'' ``Sec.  161.40,'' ``Sec.  161.45,'' ``Sec.  161.60,''
``Sec.  161.75,'' and ``Sec.  161.80,'' respectively.

Sec.  161.70  [Amended]

0
9. In newly redesignated Sec.  161.70, reference to ``Sec.  158.20(d)''
is revised to read ``Sec.  161.20(d).''

Sec.  161.75  [Amended]

0
10. In newly redesignated Sec.  161.75(a), reference to ``part 158'' is
revised to read ``part 161''.

Sec.  161.100  [Amended]

0
11. In newly redesignated Sec.  161.100, reference to``Sec. Sec.
158.150 through 158.740'', is revised to read ``Sec. Sec.  161.150
through 161.640'' and the reference to ``Sec.  158.108'' is revised to
read ``Sec.  161.108''.

Sec.  161.101  [Amended]

0
12. In newly redesignated Sec.  161.101, reference to ``Sec.  158.45''
is revised to read ``Sec.  161.45,'' wherever it occurs.

0
13. Newly redesignated Sec.  161.108 is revised to read as follows:

Sec.  161.108  Relationship of Pesticide Assessment Guidelines to data
requirements.

    The Pesticide Assessment Guidelines contain the standards for
conducting acceptable tests, guidance on evaluation and reporting of
data, definition of terms, further guidance on when data are required,
and examples of acceptable protocols. They are available through the
National Technical Information Service, 5285 Port Royal Road,
Springfield, VA 22161<PHONE_NUMBER>). The following Subdivisions of the
Pesticide Assessment Guidelines, referenced to the appropriate sections
of this part, are currently available:

----------------------------------------------------------------------------------------------------------------
                                                                                Corresponding section(s)
             Subdivision                       Title                NTIS order no.            in this part
----------------------------------------------------------------------------------------------------------------
D                                     Product Chemistry        PB83-153890                    161.150 - 161.190
----------------------------------------------------------------------------------------------------------------
E                                     Hazard Evaluation:       PB83-153908                              161.490
                                       Wildlife and Aquatic
                                       Organisms
----------------------------------------------------------------------------------------------------------------
F                                     Hazard Evaluation:       PB83-153916                              161.340
                                       Humans and Domestic
                                       Animals
----------------------------------------------------------------------------------------------------------------
G                                     Product Performance      PB83-153924                              161.640
----------------------------------------------------------------------------------------------------------------
I                                     Experimental Use         PB83-153932                     161.20 - 161.640
                                       Permits
----------------------------------------------------------------------------------------------------------------
J                                     Hazard Evaluation:       PB83-153940                              161.540
                                       Nontarget Plants
----------------------------------------------------------------------------------------------------------------
K                                     Reentry Protection       PB85-120962                              161.390
----------------------------------------------------------------------------------------------------------------
L                                     Hazard Evaulation:       PB83-153957                              161.590
                                       Nontarget Insect
----------------------------------------------------------------------------------------------------------------
N                                     Environmental Fate       PB83-153973                              161.290
----------------------------------------------------------------------------------------------------------------
O                                     Residue Chemistry        PB83-153961                              161.240
----------------------------------------------------------------------------------------------------------------
R                                     Spray Drift Evaluation   PB84-189216                              161.440
----------------------------------------------------------------------------------------------------------------

Sec.  161.150  [Amended]

0
14. In newly redesignated Sec.  161.150, references to ``Sec. Sec.
158.175,'' and ``Sec.  158.155,'' are revised to read ``Sec.  161.175''
and ``Sec.  161.155,'' respectively, wherever they occur.

Sec.  161.155  [Amended]

0
15. In newly redesignated Sec.  161.155, reference to ``Sec.  158.175''
is revised to read ``Sec.  161.175,'' whereever it occurs.

Sec.  161.162  [Amended]

0
16. In newly redesignated Sec.  161.162, reference to ``Sec.  158.165''
is revised to read ``Sec.  161.165.''

Sec.  161.165  [Amended]

0
17. In newly redesignated Sec.  161.165, reference to ``Sec.  158.162''
is revised to read ``Sec.  161.162'', whereever it occurs.

Sec. Sec.  161.190, 161.240, 161.290, 161.340, 161.390, 161.440,
161.490, 161.540, 161.590, and 161.640  [Amended]

0
18. In newly redesignated Sec. Sec.  161.190, 161.240, 161.290,
161.340, 161.390, 161.440, 161.490, 161.540, 161.590, and 161.640,
reference to the phrase ``Sections 158.50 and 158.100 through 158.102''
is revised to read ``Sections 161.100 through 161.102''.

Sec.  161.340  [Amended]

0
19. Newly redesignated Sec.  161.340 is further amended in paragraph
(b)(22)(i) by revising the reference to ``Sec.  158.202'' to read
``Sec.  161.202.''

Appendix A  [Amended]

0
20. Appendix A to newly redesignated part 161 is amended under the
topic ``How to use this Index,'' in paragraph 4, by revising the phrase
``in Sec. Sec.  158.120 through 153.170'' to read ``in Sec. Sec.
161.155 through 161.640''.
[FR Doc. E7-20836 Filed 10-23-07; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 76, Number 183 (Wednesday, September 21, 2011)]
[Notices]
[Pages 58495-58496]
[FR Doc No: 2011-24286]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2006-0971; FRL-9468-5]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; National Volatile Organic
Compound Emission Standards for Aerosol Coatings (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. The ICR, which is abstracted below, describes the
nature of the information collection and its estimated burden and cost.

DATES: Additional comments may be submitted on or before October 21,
2011.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-
2006-0971 to (1) EPA online using http://www.regulations.gov (our
preferred method), by e-mail to<EMAIL_ADDRESS>or by mail to
EPA Docket Center, Environmental Protection Agency, Air and Radiation
Docket and Information Center (Mail Code 28221T), 1200 Pennsylvania
Avenue, NW., Washington, DC 20460, and (2) OMB by mail to: Office of
Information and Regulatory Affairs, Office of Management and Budget
(OMB), Attention Desk Officer for EPA, 725 17th Street, NW.,
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Sharon Nizich, Office of Air and
Radiation, Office of Air Quality Planning and Standards, Mail Code
D243-04, Research Triangle Park, North Carolina 27711; telephone
number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The EPA has submitted the following ICR to
OMB for review and approval according to the procedures prescribed in 5
CFR 1320.12. On May 2, 2011, (76 FR 24476), EPA sought comments on this
ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any comments
on this ICR should be submitted to the EPA and the OMB within 30 days
of this notice.

    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OAR-2006-0971, which is available for online viewing at
http://www.regulations.gov, or in person viewing at the Air and
Radiation Docket in the EPA Docket Center (EPA/DC), EPA West, Room
3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Reading
Room is<PHONE_NUMBER>, and the telephone number for the Air and
Radiation Docket is<PHONE_NUMBER>.
    Use the EPA's electronic docket and comment system at http://www.regulations.gov, to submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that the EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov as the EPA
receives them and without change, unless the comment contains
copyrighted material, confidential business information (CBI), or other
information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to http://www.regulations.gov.
    Title: National Volatile Organic Compound Emission Standards for
Aerosol Coatings (Renewal)
    ICR numbers: EPA ICR No 2289.02, OMB Control No. 2060-0617.
    ICR Status: This ICR is scheduled to expire on September 30, 2011.
Under the OMB regulations, the Agency may continue to conduct or
sponsor the collection of information while this submission is pending
at the OMB. An Agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information, unless it displays
a currently valid OMB control number. The OMB control numbers for the
EPA's regulations in title 40 of the CFR, after appearing in the
Federal Register when approved, are listed in 40 CFR part 9, are
displayed either by publication in the Federal Register or by other
appropriate means, such as on the related collection instrument or
form, if applicable. The display of the OMB control numbers in certain
EPA regulations is consolidated in 40 CFR part 9.
    Abstract: EPA is required, under section 183(e) of the Clean Air
Act, to regulate volatile organic compounds (VOC) emissions from the
use of consumer and commercial products. Pursuant to section 183(e)(3),
EPA published a list of consumer and commercial products and a schedule
for their regulation (60 FR 15264). Aerosol coatings were included on
the list, and the standards for such coatings are codified at 40 CFR
part 59, subpart E. The reports required under the standards enable EPA
to identify coating formulations manufactured, imported or distributed
in the United States, and to determine the product-weighted reactivity.
The ICR addresses the burden for activities conducted in 3 year
increments after promulgation of the national VOC emission standards
for aerosol coatings. The regulated entities read instructions to
determine how they were affected by the rule. New and existing
regulated entities submit an initial notification. Regulated entities
are required to submit notifications of changes in the products or
company information and to maintain records. In addition, regulated
entities are required to submit triennial reports of formulation data
and VOC usage.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 133
hours per response over the course of the 3 year reporting period.
Burden means the total time, effort, or financial resources expended by
persons to generate, maintain, retain, or disclose or provide
information to or for a Federal agency. This includes the time needed
to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
    Respondents/Affected Entities: manufacturers, distributors, and
importers of aerosol coatings.
    Estimated Number of Respondents: 64.
    Frequency of Response: Annually, triennially.
    Estimated Total Average Hour Burden: 12,265.
    Estimated Total Annual Cost: $1,033,626 in labor costs. There are
no capital or O&M costs.
    Changes in the Estimates: There is an increase of 143 hours in the
total estimated burden currently identified in the OMB Inventory of
Approved ICR Burdens. Year 1 and 2 burden estimates include an initial
number of respondents that will be required to perform recordkeeping
and reporting activities, and assumes 1 additional initial and
supplemental reports will be required to be completed due to new
aerosol coating product formulations being introduced into the market,
or changes in existing aerosol coatings formulations. Beginning in Year
3, triennial reports will be submitted, increasing the burden for those
years where a report is due.

    Dated: September 15, 2011.
John Moses,
Director, Collection Strategies Division.
[FR Doc. 2011-24286 Filed 9-20-11; 8:45 am]
BILLING CODE 6560-50-P


   EPA New England

MEMORANDUM

DATE:     July 27, 2007

SUBJ: 	Technical Support Document for Revision to the Carbon Monoxide
Maintenance Plan for Nashua, New Hampshire

FROM: 	Bob Judge, Environmental Engineer

Air Quality Planning Unit, Office of Ecosystem Protection

  TO: 	Anne Arnold, Manager

Air Quality Planning Unit, Office of Ecosystem Protection

On May 30, 2007, the State of New Hampshire submitted a formal revision
to its State Implementation Plan (SIP).  The SIP revision consists of a
modification to New Hampshire’s carbon monoxide (CO) maintenance plan
for Nashua.

Background

The City of Nashua, New Hampshire was designated nonattainment for the
CO National Ambient Air Quality Standard (NAAQS) on April 11, 1980 (45
FR 24869).  In 1991, following passage of the 1990 Clean Air Act
Amendments, the city retained this designation by operation of law (see
56 FR 56694), although ambient monitoring showed attainment at that
time. On February 2, 1999, the State of New Hampshire submitted a formal
CO redesignation request for Nashua.  On November 29, 2000, the U.S. EPA
redesignated the city of Nashua nonattainment area to attainment for the
CO standard and approved New Hampshire’s maintenance plan for this
area (65 FR 71060).  Since that time, there have been no violations of
the CO NAAQS of 9 ppm (8 hour average) or 35 ppm (1 hour average) in
Nashua, and CO is trending downward to a level less than half the NAAQS.

Evaluation of New Hampshire’s Submittal

New Hampshire would like to discontinue monitoring for CO in Nashua.
Nashua is a “sole pollutant” site, monitoring only CO.  The New
Hampshire Department of Environmental Services (DES) allocates
considerable resources each year to cover the lease agreement with the
property owner, maintenance of the monitoring and support equipment,
phone and electricity, travel to and from the site from the main office
in Concord, and staff time to conduct routine and emergency maintenance,
all of which are resources that could better be used elsewhere in the
state’s monitoring program.

As previously stated, CO levels have been falling in Nashua since the
early 1980s.  (See attached Graph #1 of Nashua CO levels.)  The NAAQS of
9 ppm (8 hour average) has not been violated since 1986, and current
readings of the 8 hr 2nd high design value are in the 2 to 3 ppm range,
and have been for the past three (3) years. Most of the CO reduction has
been due to “fleet turnover,” with newer, cleaner motor vehicles
making up an increasing share of the fleet, and this trend is unlikely
to change.

In addition to the downward trend shown by the monitoring data, the
state has performed mobile source modeling and conformity analyses which
indicate that winter time CO levels in Nashua will not reach even half
the CO Conformity Budget as far out into the future as 2025, beyond the
end of the maintenance plan.

In this SIP revision, NH is modifying Section 6.5.3 “Selection of a
Nonattainment Indicator” (page 27) portion of the federally approved
CO maintenance plan.  That approved plan states: “The 9/4/92
EPA/Calcagni memorandum (Section 5e) obligates the State to select a
contingency threshold or ‘trigger,’ such as a monitored CO
exceedance or violation, and commit to implementing the appropriate
contingency measure once the threshold is exceeded. For the purposes of
this plan, New Hampshire is proposing to implement its contingency
program in the event that a CO violation (the ‘contingency trigger’)
is monitored in Nashua in any year during the maintenance period and to
consider one or more of the other EPA-approved measures… if
necessary.”     (italics added.)

Based on the downward CO trend, New Hampshire is modifying the
contingency threshold or “trigger” in Nashua.  The state will cease
monitoring for CO in Nashua, and instead, will continue monitoring for
CO in nearby Manchester, and to use these data as a surrogate for Nashua
CO levels. (See attached Graph #2 comparing CO levels in the two
cities.)  Nashua and Manchester are less then 20 miles apart, have
similar populations (Manchester is slightly larger), and both have had
CO concentrations similar to each other for years.  Both were designated
nonattainment in 1990 for CO “by operation of law” though both had
design values below the standard at that time.  In both cases, only the
city itself was designated nonattainment since data did not support an
expansion of the nonattainment area.  Both were redesignated to
attainment in 2000, and both measure CO concentrations well below the
standard at this time.  Both are in Hillsborough County, New Hampshire.
 In light of this, the italicized portion of Section 6.5.3, above, is
being modified to read as follows:

            “For the purposes of this plan, New Hampshire will be
discontinuing CO monitoring in    Nashua upon EPA approval of this
revised plan.  New Hampshire DES will continue to collect and review CO
monitoring data from nearby Manchester, NH on an on-going basis. In the
event the second-highest CO concentration in any calendar year monitored
in Manchester reaches 75 percent of the federal 1-hour or 8-hour
national ambient air quality standard (NAAQS) for CO, New Hampshire
will, within 9 months of recording such concentrations, re-establish a
CO monitoring site in Nashua consistent with EPA siting criteria, and
resume analyzing and reporting those data.  New Hampshire will continue
to commit to implement its contingency program in Nashua in the event
that a CO violation (the ‘contingency trigger’) is monitored at the
re-established Nashua monitoring site at any time during the maintenance
period, and to consider one or more of the other EPA-approved measures
listed in Section 6.5.2 if necessary to reduce CO levels.

           If the Manchester CO monitor measures a violation of either
the federal 1-hour or 8-hour NAAQS for CO, the contingency measures in
Section 6.5.2 will be implemented in Nashua as well, until a
re-established Nashua CO monitor shows that the area is in attainment of
the CO standard.

         When implementing contingency measures, New Hampshire will
review and implement the measures necessary to remedy the violation,
including transportation control measures (TCM) or other additional
vehicle or fuel controls.”

Recommended Action

This SIP revision should be approved.

For the reasons outlined above, EPA agrees that the criteria New
Hampshire DES will utilize as quoted above represents a reasonable plan
modification and approach for shutting down a CO monitor that is
currently measuring concentrations well below the existing 1- hour and
8- hour CO national ambient air quality standards.  The revisions
represent an acceptable alternative contingency triggering mechanism as
part of a CO maintenance plan.  Under this plan, we believe air quality
goals can be maintained, and State monitoring resources, conserved.

ATTACHMENT

Graph #1

Graph #2

 PAGE

 PAGE   4


[Federal Register: February 9, 2007 (Volume 72, Number 27)]
[Notices]
[Page 6306-6308]
[DOCID:fr09fe07-95]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55223; File No. SR-NYSEArca-2007-07]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change and Amendment No. 2
Thereto Relating to Exchange Fees and Charges

February 1, 2007.
    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 January 22, 2007, NYSE Arca, Inc. (``NYSE Arca'' or ``Exchange'')
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 substantially prepared by NYSE Arca. On January 29,
2007, the Exchange filed Amendment No. 1 to the proposed rule change.
On January 31, 2007, NYSE Arca withdrew Amendment No. 1 and filed
Amendment No. 2 to the proposed rule change. The Exchange has
designated this proposal as one establishing or changing a due, fee or
other charge imposed by the Exchange under Section 19(b)(3)(A) \3\ and
Rule 19b-4(f)(2) thereunder,\4\ which renders the proposal effective
upon filing with the Commission. The Commission is publishing this
notice to solicit comments on the proposed rule change, as amended,
from interested persons.
---------------------------------------------------------------------------

    \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)(2).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    NYSE Arca proposes to amend its Schedule of Fees and Charges for
Services (``Schedule'') in order to revise certain Transaction Fees and
to eliminate Marketing Fees for issues that trade as part of the Penny
Pilot Program (``Pilot'' or ``Penny Pilot Program'').\5\ The text of
the proposed rule change is available at http://www.nysearca.com/regulation/filings.asp
, at the Exchange, and at the Commission's Public

Reference Room.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 55156 (January 23,
2007) 72 FR 4759 (February 1, 2007) (SR-NYSEArca-2006-73).

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

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

    In its filing with the Commission, NYSE Arca included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposal. The text of these
statements may be examined at the places specified in Item IV below.
NYSE Arca 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
    The purpose of the proposed rule change is to revise the existing
NYSE Arca Schedule in conjunction with the introduction of the Penny
Pilot Program. The Exchange plans to include the following issues as
part of the Penny Pilot Program. Agilent Technologies: (A), Advanced
Micro Devices (AMD), Caterpillar (CAT), Flextronics International
(FLEX), General Electric (GE), Intel (INTC), iShares Russell 2000 Index
fund (IWM), Microsoft (MSFT), Nasdaq-100 Index Tracking Stock (QQQQ),
Semiconductor Holders Trust (SMH), Sun Microsystems (SUNW), Texas
Instruments (TXN), and Whole Foods Markets (WFMI). NYSE Arca is
proposing to amend its Schedule in order to make the following changes
to certain fees and charges that are assessed to OTP Holders and OTP
Firms \6\ in the above listed issues.
---------------------------------------------------------------------------

    \6\ The terms OTP Holders and OTP Firms are defined in NYSE Arca
Rules 1.1(q) and 1.1(r), respectively. OTP Holders and OTP Firms
have the status of a ``member'' of NYSE Arca as that term is defined
in Section 3 of the Act.
---------------------------------------------------------------------------

Transaction Fees

    NYSE Arca is proposing to implement a Post/Take pricing model for
electronically executed transactions in issues that are part of the
Penny Pilot Program. Under the proposed rate schedule, all electronic
orders that add or ``post'' liquidity to the Consolidated Book (resting
orders and resting quotes) will receive a transaction credit upon
execution. Registered Market Makers \7\ will receive a credit of $0.30
per contract. All other trade participants, including but not limited
to Brokers-Dealers and OTP Firms representing both Firm and Public
Customer orders, will receive a credit of $0.25 per contract.
---------------------------------------------------------------------------

    \7\ The term Market Maker is defined in NYSE Arca Rules 6.1(c)
and 6.1A(a)(8).
---------------------------------------------------------------------------

    The Transaction Fee for all trade participants that ``take''
liquidity from the Consolidated Book (incoming electronic quotes and
orders that are executed upon receipt) will be $0.50 per contract. This
fee will be applied to all trade participants, including Market Makers,
Broker-Dealers and OTP Firms executing orders on behalf of Public
Customers.
    Electronically entered Contingency Orders, such as All or None
(``AON'') and Immediate or Cancel (``IOC'') are deemed to be taking
liquidity and therefore will be assessed the $0.50 per contract fee.
    Orders that take place as part of an Opening Auction are deemed to
neither take nor post liquidity. For this reason, in issues that trade
as part of the Penny Pilot Program, executions that take place as part
of an Opening Auction will neither be assessed nor credited the
Transaction Fee.

Linkage Fees

    Linkage Orders executed at NYSE Arca are subject to the same
billing treatment as other Broker Dealer orders.\8\ Since Linkage
Orders that are sent to and executed on NYSE Arca will be taking
liquidity, these orders will be assessed a $0.50 per contract fee. This
fee remains unchanged from the present fee. Linkage Orders that are not
executed upon receipt are rejected back to the sender and are never
posted in the Consolidated Book. Therefore, a Linkage Order would never
be eligible to receive a credit of the Transaction Fee.
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    \8\ Fees imposed on Linkage Orders are subject to an Exchange
pilot program and will expire on July 31, 2007.
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Royalty Fees

    For electronic executions in issues included in the Penny Pilot
Program, where the Exchange pays a Royalty Fee to a licensed
underwriter, the Royalty Fee will be passed through to the trading
participant on the ``take'' side of the transaction. Royalty Fees will
not be assessed on executions occurring during the Opening Auction in
Pilot issues. Open Outcry executions in Pilot issues and all executions
in non-Pilot issues will be subject to the current billing treatment
covering Royalty Fees.
    The above rates apply only to electronically executed transactions
in Penny Pilot issues mentioned above, effective upon the date that
they rollout as part of the Pilot. Initial plans for the Penny Pilot
Program do not include any issues that have Royalty Fees associated
with them. In the event that the Exchange was to propose the inclusion
of a Royalty Fee issue in the Penny Pilot Program, it would do so
through a rule filing with the Commission pursuant to Rule 19b-4.

Marketing Fees

    The Exchange presently assesses Market Makers \9\ a $0.65 per
contract Marketing Fee on all transactions involving public customer
orders. For orders in the NASDAQ-100 Tracking Stock (QQQQ), the
Exchange charges Market Makers $0.95 per contract; in the Standard and
Poor's Depository Receipts (SPY), the Exchange charges $1.00 per
contract. Market Makers are assessed Marketing Fees on both public
customer orders and Broker Dealer orders in the QQQQ and the SPY.
Market Maker to Market Maker orders are never assessed a Marketing Fee.
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    \9\ See supra, note 7.
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    As part of the Penny Pilot Program, NYSE Arca will be quoting and
trading a limited number of issues in one cent increments. For
transactions in issues which are included as part of the Penny Pilot
Program, the Exchange will no longer collect a Marketing Fee. All other
aspects of the Marketing Fee will remain the same.

Rollout of the Pilot

    The Penny Pilot Program commenced on January 26, 2007.\10\
Initially, as mentioned above, only a limited number of issues will be
included in the Pilot. It is anticipated that the rollout of all issues
will be completed over a three week period. The above rate changes
apply only to transactions in Pilot issues, effective upon the date
that they rollout as part of the Penny Pilot Program.
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    \10\ See supra, note 5.
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2. Statutory Basis
    NYSE Arca believes that the proposed rule change is consistent with
Section 6(b) of the Act,\11\ in general, and furthers the objectives of
Section 6(b)(4) of the Act,\12\ in particular, in that it is designed
to provide for the equitable allocation of dues, fees and other charges
among its members.
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    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    NYSE Arca does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act \13\ and subparagraph (f)(2) of Rule 19b-4
thereunder \14\ because it establishes or changes a due, fee or other
charge imposed by the Exchange. At any time within 60 days of the
filing of such proposed rule change, the Commission may summarily
abrogate such rule change if it appears to the Commission that such
action is necessary of appropriate in the public interest, for the
protection of investors, or otherwise in the furtherance of the
purposes of the Act.
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    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b7-4(f)(2).
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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 e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NYSEArca-2007-07 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2007-07. This
file number should be included on the subject line if e-mail 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 inspection
and copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of NYSE Arca. 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 No. SR-NYSEArca-2007-07 and should be submitted on or before March
2, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-2129 Filed 2-8-07; 8:45 am]

BILLING CODE 8010-01-P