[Federal Register: September 29, 2005 (Volume 70, Number 188)]
[Notices]
[Page 56929]
[DOCID:fr29se05-59]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1603-DR]

Louisiana; Amendment No. 3 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, Emergency Preparedness and
Response Directorate, Department of Homeland Security.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Louisiana (FEMA-1603-DR), dated August 29, 2005, and
related determinations.

EFFECTIVE DATE: September 21, 2005.

FOR FURTHER INFORMATION CONTACT: Magda Ruiz, Recovery Division, Federal
Emergency Management Agency, Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Acting Under Secretary for Emergency Preparedness and Response,
Department of Homeland Security, under Executive Order 12148, as
amended, Vice Admiral Thad Allen, of the United States Coast Guard is
appointed to act as the Federal Coordinating Officer for this declared
disaster.
    This action terminates my appointment of William Lokey as Federal
Coordinating Officer for this disaster.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund Program; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services Program; 97.034,
Disaster Unemployment Assistance (DUA); 97.046, Fire Management
Assistance; 97.048, Individuals and Households Housing; 97.049,
Individuals and Households Disaster Housing Operations; 97.050,
Individuals and Households Program--Other Needs; 97.036, Public
Assistance Grants; 97.039, Hazard Mitigation Grant Program.)

R. David Paulison,
Acting Under Secretary, Emergency Preparedness and Response, Department
of Homeland Security.
[FR Doc. 05-19449 Filed 9-28-05; 8:45 am]

BILLING CODE 9110-10-P


[Federal Register Volume 84, Number 176 (Wednesday, September 11, 2019)]
[Proposed Rules]
[Pages 47923-47930]
[FR Doc No: 2019-19579]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[EPA-HQ-OPPT-2019-0495; FRL-9999-27]
RIN 2070-AB27

Significant New Use Rules on Certain Chemical Substances (19-5.B)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing significant new use rules (SNURs) under the
Toxic Substances Control Act (TSCA) for 6 chemical substances which are
the subject of premanufacture notices (PMNs). This action would require
persons to notify EPA at least 90 days before commencing manufacture
(defined by statute to include import) or processing of any of these 6
chemical substances for an activity that is designated as a significant
new use by this proposed rule. This action would further require that
persons not commence manufacture or processing for the significant new
use until they have submitted a Significant New Use Notice, and EPA has
conducted a review of the notice, made an appropriate determination on
the notice under TSCA 5(a)(3), and has taken any risk

management actions as are required as a result of that determination.

DATES: Comments must be received on or before October 11, 2019.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2019-0495, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     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: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT:
    For technical information contact: Kenneth Moss, Chemical Control
Division (7405M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave. Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you manufacture
(including import), process, or use the chemical substances contained
in this proposed rule. The following list of North American Industrial
Classification System (NAICS) codes is not intended to be exhaustive,
but rather provides a guide to help readers determine whether this
document applies to them. Potentially affected entities may include:
     Manufacturers (including importers) or processors of one
or more subject chemical substances (NAICS codes 325 and 324110), e.g.,
chemical manufacturing and petroleum refineries.
    This action may also affect certain entities through pre-existing
import certification and export notification rules under TSCA. Chemical
importers are subject to the TSCA section 13 (15 U.S.C. 2612) import
certification requirements promulgated at 19 CFR 12.118 through 12.127
and 19 CFR 127.28. Chemical importers must certify that the shipment of
the chemical substance complies with all applicable rules and orders
under TSCA. Importers of chemicals subject to these proposed SNURs
would need to certify their compliance with the SNUR requirements
should these proposed rules be finalized. The EPA policy in support of
import certification appears at 40 CFR part 707, subpart B. In
addition, pursuant to 40 CFR 721.20, any persons who export or intend
to export a chemical substance that is the subject of this proposed
rule on or after October 11, 2019 are subject to the export
notification provisions of TSCA section 12(b) (15 U.S.C. 2611(b)) and
must comply with the export notification requirements in 40 CFR part
707, subpart D.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit CBI to EPA through regulations.gov
or email. 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 as 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. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

II. Background

A. What action is the Agency taking?

    EPA is proposing these SNURs under TSCA section 5(a)(2) for 6
chemical substances which were the subjects of PMNs P-17-324, P-18-109,
P-18-276, P-18-358, P-18-384, and P-19-24. These proposed SNURs would
require persons who intend to manufacture or process any of these
chemical substances for an activity that is designated as a significant
new use to notify EPA at least 90 days before commencing that activity.
    The record for the proposed SNURs on these chemicals was
established as docket EPA-HQ-OPPT-2019-0495. That record includes
information considered by the Agency in developing these proposed
SNURs.

B. What is the Agency's authority for taking this action?

    TSCA section 5(a)(2) (15 U.S.C. 2604(a)(2)) authorizes EPA to
determine that a use of a chemical substance is a ``significant new
use.'' EPA must make this determination by rule after considering all
relevant factors, including the four TSCA section 5(a)(2) factors
listed in Unit III. Once EPA determines through rulemaking that a use
of a chemical substance is a significant new use, TSCA section
5(a)(1)(B)(i) (15 U.S.C. 2604(a)(1)(B)(i)) requires persons to submit a
significant new use notice (SNUN) to EPA at least 90 days before they
manufacture or process the chemical substance for that use. TSCA
prohibits such manufacturing or processing from commencing until EPA
has conducted a review of the SNUN, made an appropriate determination
on the SNUN, and taken such actions as are required in association with
that determination (15 U.S.C. 2604(a)(1)(B)(ii)). In the case of a
determination other than not likely to present unreasonable risk, the
applicable review period must also expire before manufacturing or
processing for the new use may commence. As described in Unit V., the
general SNUR provisions are found at 40 CFR part 721, subpart A.

C. Applicability of General Provisions

    General provisions for SNURs appear in 40 CFR part 721, subpart A.
These provisions describe persons subject to the rule, recordkeeping
requirements, exemptions to reporting requirements, and applicability
of the rule to uses occurring before the effective date of the rule.
Provisions relating to user fees appear at 40 CFR part 700. Pursuant to
Sec.  721.1(c), persons subject to these SNURs must comply with the
same SNUN requirements and EPA regulatory procedures as submitters of
PMNs under TSCA section 5(a)(1)(A) (15 U.S.C. 2604(a)(1)(A)). In
particular, these requirements include the information submission
requirements of TSCA sections 5(b) and 5(d)(1) (15 U.S.C. 2604(b) and
2604(d)(1)), the exemptions authorized by TSCA sections 5(h)(1),
5(h)(2), 5(h)(3), and 5(h)(5) and the regulations at 40 CFR part 720.
Once

EPA receives a SNUN, EPA must either determine that the use is not
likely to present an unreasonable risk of injury under the conditions
of use for the chemical substance or take such regulatory action as is
associated with an alternative determination before the manufacture or
processing for the significant new use can commence. If EPA determines
that the use is not likely to present an unreasonable risk, EPA is
required under TSCA section 5(g) to make public, and submit for
publication in the Federal Register, a statement of EPA's findings.

III. Significant New Use Determination

    TSCA section 5(a)(2) states that EPA's determination that a use of
a chemical substance is a significant new use must be made after
consideration of all relevant factors, including:
     The projected volume of manufacturing and processing of a
chemical substance.
     The extent to which a use changes the type or form of
exposure of human beings or the environment to a chemical substance.
     The extent to which a use increases the magnitude and
duration of exposure of human beings or the environment to a chemical
substance.
     The reasonably anticipated manner and methods of
manufacturing, processing, distribution in commerce, and disposal of a
chemical substance.
    In determining what would constitute a significant new use for the
chemical substances that are the subject of these SNURs, EPA considered
relevant information about the toxicity of the chemical substances, and
potential human exposures and environmental releases that may be
associated with the conditions of use of the substances, in the context
of the four bulleted TSCA section 5(a)(2) factors listed in this unit.
During its review of these chemicals, EPA identified certain conditions
of use that are not intended by the submitters, but reasonably foreseen
to occur. EPA is proposing to designate those reasonably foreseen
conditions of use as significant new uses.

IV. Substances Subject to This Proposed Rule

    EPA is proposing significant new use and recordkeeping requirements
for 6 chemical substances in 40 CFR part 721, subpart E. In this unit,
EPA provides the following information for each chemical substance:
     PMN number.
     Chemical name (generic name, if the specific name is
claimed as CBI).
     Chemical Abstracts Service (CAS) Registry number (if
assigned for non-confidential chemical identities).
     Basis for the SNUR.
     Information identified by EPA that would help characterize
the potential health and/or environmental effects of the chemical
substances if a manufacturer or processor is considering submitting a
SNUN for a significant new use designated by the SNUR.
    This information may include testing not required to be conducted
but which would help characterize the potential health and/or
environmental effects of the PMN substance. Any recommendation for
information identified by EPA was made based on EPA's consideration of
available screening-level data, if any, as well as other available
information on appropriate testing for the chemical substance. Further,
any such testing identified by EPA that includes testing on vertebrates
was made after consideration of available toxicity information,
computational toxicology and bioinformatics, and high-throughput
screening methods and their prediction models. EPA also recognizes that
whether testing/further information is needed will depend on the
specific exposure and use scenario in the SNUN. EPA encourages all SNUN
submitters to contact EPA to discuss any potential future testing. See
Unit VII. for more information.
     CFR citation assigned in the regulatory text section of
these proposed rules.
    The regulatory text section of these proposed rules specifies the
activities designated as significant new uses. Certain new uses,
including production volume limits and other uses designated in the
proposed rules, may be claimed as CBI.
    The chemical substances that are the subject of these proposed
SNURs are undergoing premanufacture review. In addition to those
conditions of use intended by the submitter, EPA has identified certain
other reasonably foreseen conditions of use. EPA has preliminarily
determined that the chemicals under their intended conditions of use
are not likely to present an unreasonable risk. However, EPA has not
assessed risks associated with the reasonably foreseen conditions of
use for these chemicals. EPA is proposing to designate these reasonably
foreseen and other potential conditions of use as significant new uses.
As a result, those conditions of use are no longer reasonably foreseen
to occur without first going through a separate, subsequent EPA review
and determination process associated with a SNUN.
    The substances subject to these proposed rules are as follows:

PMN Number: P-17-324

    Chemical name: 2,4-Hexadien-1-ol, 1-acetate, (2E,4E)-
    CAS number: 57006-69-6.
    Basis for action: The PMN states that the use of the substance will
be as a chemical intermediate. Based on the physical/chemical
properties of the PMN substance and Structure Activity Relationships
(SAR) analysis of test data on analogous substances, EPA has identified
concerns for skin sensitization, specific target organ toxicity, skin
and eye irritation, neurotoxicity, and aquatic toxicity if the chemical
substance is used in ways other than as intended by the PMN submitter.
Other conditions of use of the PMN substance that EPA intends to assess
before they occur include the following:
    1. Use other than as a chemical intermediate; and
    2. Release of the PMN substance from manufacturing, processing, or
use into the waters of the United States resulting in surface water
concentrations that exceed 5 ppb.
    The proposed SNUR would designate as a ``significant new use''
these conditions of use.
    Potentially useful information: EPA has determined that certain
information may be potentially useful to characterize the health and
environmental effects of the PMN substance if a manufacturer or
processor is considering submitting a SNUN for a significant new use
that would be designated by this proposed SNUR. EPA has determined that
the results of specific target organ toxicity, skin and eye irritation,
skin sensitization, and aquatic toxicity testing would help
characterize the potential health and environmental effects of the PMN
substance.
    CFR citation: 40 CFR 721.11375.

PMN Number: P-18-109

    Chemical name: 2-alkenoic acid, 2-alkyl-, alkyl ester, polymer with
2-(dialkylamino)alkyl 2-alkyl-2-alkenoate, alkyl 2-alkyl-2-alkenoate
and a-(2-alkyl-1-oxo-2-alken-1-yl)-o-alkoxypoly(oxy-1,2-alkanediyl),
[(1-alkoxy-2-alkyl-1-alken-1-yl)oxy]trialkylsilane-initiated (generic).
    CAS number: Not available.
    Basis for action: The PMN states that the generic (non-
confidential) use of the substance will be as an additive, open, non-
dispersive use. Based on the physical/chemical properties of the PMN
substance and SAR analysis of test

data on analogous substances, EPA has identified concerns for lung
toxicity and aquatic toxicity if the chemical substance is used in ways
other than as intended by the PMN submitter. Other conditions of use of
the PMN substance that EPA intends to assess before they occur include
the following:
    1. No manufacturing, processing, or use of the PMN substance in a
manner that results in inhalation exposures; and
    2. Release of the PMN substance from manufacturing, processing, or
use into the waters of the United States resulting in surface water
concentrations that exceed 14 ppb.
    The proposed SNUR would designate as a ``significant new use''
these conditions of use.
    Potentially useful information: EPA has determined that certain
information may be potentially useful to characterize the health and
environmental effects of the PMN substance if a manufacturer or
processor is considering submitting a SNUN for a significant new use
that would be designated by this proposed SNUR. EPA has determined that
the results of specific target organ toxicity, pulmonary effects and
aquatic toxicity testing would help characterize the potential health
and environmental effects of the PMN substance.
    CFR citation: 40 CFR 721.11376.

PMN Number: P-18-276

    Chemical name: Benzenesulfonamide, N-[lsqb]2-
[lsqb][lsqb](phenylamino)carbony[rsqb][rsqb]amino[rsqb]
pheny[rsqb][rsqb]-.
    CAS number: 215917-77-4.
    Basis for action: The PMN states that the use of the substance will
be as a developer for thermal paper. Based on the physical/chemical
properties of the PMN substance and SAR analysis of test data on
analogous substances, EPA has identified concerns for systemic toxicity
and immunotoxicity if the chemical substance is used in ways other than
as intended by the PMN submitter. Other conditions of use of the PMN
substance that EPA intends to assess before they occur include the
following:
     Use other than as a developer for thermal paper.
    The proposed SNUR would designate as a ``significant new use'' this
condition of use.
    Potentially useful information: EPA has determined that certain
information may be potentially useful to characterize the health
effects of the PMN substance if a manufacturer or processor is
considering submitting a SNUN for a significant new use that would be
designated by this proposed SNUR. EPA has determined that the results
of specific target organ toxicity testing would help characterize the
potential health effects of the PMN substance.
    CFR citation: 40 CFR 721.11377.

PMN Number: P-18-358

    Chemical name: 1H-Imidazole-1-propanenitrile,2-ethyl-ar-methyl-.
    CAS number: 568591-00-4.
    Basis for action: The PMN states that the use of the substance will
be as a curing agent (a) within carbon fiber reinforced plastics
prepreg and (b) in industrial adhesives for electronics, both to
expedite the harding process during the final thermosetting operation.
Based on the physical/chemical properties of the PMN substance, test
data on the PMN substance, and SAR analysis of test data on analogous
substances, EPA has identified concerns for eye irritation, and liver,
thyroid, and developmental toxicity if the chemical substance is used
in ways other than as intended by the PMN submitter. Other conditions
of use of the PMN substance that EPA intends to assess before they
occur include the following:
    1. Use of the PMN substance for other than the uses described in
the PMN; and
    2. Use involving an application method that generates a vapor, mist
or aerosol.
    The proposed SNUR would designate as a ``significant new use''
these conditions of use.
    Potentially useful information: EPA has determined that certain
information may be potentially useful to characterize the health
effects of the PMN substance if a manufacturer or processor is
considering submitting a SNUN for a significant new use that would be
designated by this proposed SNUR. EPA has determined that the results
of eye irritation, developmental toxicity and specific target organ
toxicity testing would help characterize the potential health effects
of the PMN substance.
    CFR citation: 40 CFR 721.11378.

PMN Number: P-18-384

    Chemical name: Lithium, isotope of mass 6.
    CAS number: 14258-72-1.
    Basis for action: The PMN states that the use of the substance will
be as a starting material for manufacture of 6-Lithium chloride
scintillation crystals for use in radiation detection. Based on the
physical/chemical properties of the PMN substance and SAR analysis of
test data on analogous substances, EPA has identified concerns for
corrosion and acute handling hazard, neurotoxicity, kidney,
developmental and thyroid toxicity, and aquatic toxicity if the
chemical substance is used in ways other than as intended by the PMN
submitter. Other conditions of use of the PMN substance that EPA
intends to assess before they occur include the following:
    1. Use other than as a starting material for manufacture of 6-
Lithium chloride scintillation crystals for use in radiation detection;
and
    2. Release of the PMN substance from manufacturing, processing, or
use into the waters of the United States resulting in surface water
concentrations that exceed 8.5 ppb.
    The proposed SNUR would designate as a ``significant new use'' this
condition of use.
    Potentially useful information: EPA has determined that certain
information about workplace exposure to and aquatic toxicity of the PMN
substance may be potentially useful if a manufacturer or processor is
considering submitting a SNUN for a significant new use that would be
designated by this proposed SNUR. EPA has determined that the results
of workplace air monitoring and aquatic toxicity testing would help
characterize the potential health and environmental effects of the PMN
substance.
    CFR citation: 40 CFR 721.11379.

PMN Number: P-19-24

    Chemical name: Silsesquioxanes, 3-(dimethyloctadecylammonio)propyl
Me Pr, polymers with silicic acid (H4SiO4) tetra-Et ester, (2-
hydroxyethoxy)- and methoxy-terminated, chlorides.
    CAS number: 2231249-14-0.
    Basis for action: The PMN states that the use of the substance will
be as an asphalt additive or asphalt emulsion additive. Based on the
physical/chemical properties of the PMN substance and SAR analysis of
test data on analogous substances, EPA has identified concerns for skin
and eye irritation, kidney toxicity, lung toxicity, and aquatic
toxicity if the chemical substance is used in ways other than as
intended by the PMN submitter. Other conditions of use of the PMN
substance that EPA intends to assess before they occur include the
following:
    1. Use other than as an asphalt additive or asphalt emulsion
additive;
    2. Use as an asphalt additive in a manner that results in
inhalation exposure to respirable particles or droplets containing the
PMN substance; and
    3. Release of the PMN substance from manufacturing, processing, or
use into the waters of the United States resulting in surface water
concentrations that exceed 8 ppb.
    The proposed SNUR would designate as a ``significant new use'' this
condition of use.

    Potentially useful information: EPA has determined that certain
information may be potentially useful to characterize the health and
environmental effects of the PMN substance if a manufacturer or
processor is considering submitting a SNUN for a significant new use
that would be designated by this proposed SNUR. EPA has determined that
the results of irritation, specific target organ toxicity, pulmonary
effects, and aquatic toxicity testing would help characterize the
potential health and environmental effects of the PMN substance.
    CFR citation: 40 CFR 721.11380.

V. Rationale and Objectives of the Proposed Rule

A. Rationale

    During review of the PMNs submitted for the chemical substances
that are the subject of these proposed SNURs and as further discussed
in Unit IV, EPA identified certain other reasonably foreseen conditions
of use, in addition to those conditions of use intended by the
submitter. EPA has preliminarily determined that the chemical under the
intended conditions of use is not likely to present an unreasonable
risk. However, EPA has not assessed risks associated with the
reasonably foreseen conditions of use. EPA is proposing to designate
these conditions of use as significant new uses to ensure that they are
no longer reasonably foreseen to occur without first going through a
separate, subsequent EPA review and determination process associated
with a SNUN.

B. Objectives

    EPA is proposing SNURs for 6 specific chemical substances which are
undergoing premanufacture review because the Agency wants to achieve
the following objectives with regard to the significant new uses that
would be designated in this proposed rule:
     EPA would have an opportunity to review and evaluate data
submitted in a SNUN before the notice submitter begins manufacturing or
processing a listed chemical substance for the described significant
new use.
     EPA would be obligated to make a determination under TSCA
section 5(a)(3) regarding the use described in the SNUN, under the
conditions of use. The Agency will either determine under TSCA section
5(a)(3)(C) that the significant new use is not likely to present an
unreasonable risk, including an unreasonable risk to a potentially
exposed or susceptible subpopulation identified as relevant by the
Administrator under the conditions of use, or make a determination
under TSCA section 5(a)(3)(A) or (B) and take the required regulatory
action associated with the determination, before manufacture or
processing for the significant new use of the chemical substance can
occur.
     EPA would be able to complete its review and determination
on each of the PMN substances, while deferring analysis on the
significant new uses proposed in these rules unless and until the
Agency receives a SNUN.
    Issuance of a proposed SNUR for a chemical substance does not
signify that the chemical substance is listed on the TSCA Inventory.
Guidance on how to determine if a chemical substance is on the TSCA
Inventory is available on the internet at https://www.epa.gov/tsca-inventory.

VI. Applicability of the Proposed Rules to Uses Occurring Before the
Effective Date of the Final Rule

    To establish a significant new use, EPA must determine that the use
is not ongoing. The chemical substances subject to this proposed rule
were undergoing premanufacture review at the time of signature of this
proposed rule and were not on the TSCA Inventory. In cases where EPA
has not received a notice of commencement (NOC) and the chemical
substance has not been added to the TSCA Inventory, no person may
commence such activities without first submitting a PMN. Therefore, for
the chemical substances subject to these proposed SNURs, EPA concludes
that the proposed significant new uses are not ongoing.
    EPA designates September 4, 2019 (the date of web posting) as the
cutoff date for determining whether the new use is ongoing. The
objective of EPA's approach is to ensure that a person cannot defeat a
SNUR by initiating a significant new use before the effective date of
the final rule.
    Persons who begin commercial manufacture or processing of the
chemical substances for a significant new use identified on or after
that date would have to cease any such activity upon the effective date
of the final rule. To resume their activities, these persons would have
to first comply with all applicable SNUR notification requirements and
EPA would have to take action under TSCA section 5 allowing manufacture
or processing to proceed. In developing this proposed rule, EPA has
recognized that, given EPA's general practice of posting proposed rules
on its website a week or more in advance of Federal Register
publication, this objective could be thwarted even before Federal
Register publication of the proposed rule.

VII. Development and Submission of Information

    EPA recognizes that TSCA section 5 does not require development of
any particular new information (e.g., generating test data) before
submission of a SNUN. There is an exception: If a person is required to
submit information for a chemical substance pursuant to a rule, order
or consent agreement under TSCA section 4 (15 U.S.C. 2603), then TSCA
section 5(b)(1)(A) (15 U.S.C. 2604(b)(1)(A)) requires such information
to be submitted to EPA at the time of submission of the SNUN.
    In the absence of a rule, order, or consent agreement under TSCA
section 4 covering the chemical substance, persons are required only to
submit information in their possession or control and to describe any
other information known to or reasonably ascertainable by them (see 40
CFR 720.50). However, upon review of PMNs and SNUNs, the Agency has the
authority to require appropriate testing. Unit IV. lists potentially
useful information for all SNURs listed here. Descriptions are provided
for informational purposes. The potentially useful information
identified in Unit IV. will be useful to EPA's evaluation in the event
that someone submits a SNUN for the significant new use. Companies who
are considering submitting a SNUN are encouraged, but not required, to
develop the information on the substance, which may assist with EPA's
analysis of the SNUN.
    EPA strongly encourages persons, before performing any testing, to
consult with the Agency pertaining to protocol selection. Furthermore,
pursuant to TSCA section 4(h), which pertains to reduction of testing
in vertebrate animals, EPA encourages consultation with the Agency on
the use of alternative test methods and strategies (also called New
Approach Methodologies, or NAMs), if available, to generate the
recommended test data. EPA encourages dialog with Agency
representatives to help determine how best the submitter can meet both
the data needs and the objective of TSCA section 4(h).
    The potentially useful information described in Unit IV. may not be
the only means of providing information to evaluate the chemical
substance associated with the significant new uses. However, submitting
a SNUN without any test data may increase the likelihood that EPA will
take action under TSCA section 5(e) or 5(f). EPA recommends that
potential SNUN

submitters contact EPA early enough so that they will be able to
conduct the appropriate tests.
    SNUN submitters should be aware that EPA will be better able to
evaluate SNUNs which provide detailed information on the following:
     Human exposure and environmental release that may result
from the significant new use of the chemical substances.

VIII. SNUN Submissions

    According to 40 CFR 721.1(c), persons submitting a SNUN must comply
with the same notification requirements and EPA regulatory procedures
as persons submitting a PMN, including submission of test data on
health and environmental effects as described in 40 CFR 720.50. SNUNs
must be submitted on EPA Form No. 7710-25, generated using e-PMN
software, and submitted to the Agency in accordance with the procedures
set forth in 40 CFR 720.40 and 721.25. E-PMN software is available
electronically at https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca.

IX. Economic Analysis

    EPA has evaluated the potential costs of establishing SNUN
requirements for potential manufacturers and processors of the chemical
substances subject to this proposed rule. EPA's complete economic
analysis is available in the docket under docket ID number EPA-HQ-OPPT-
2019-0263.

X. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at https://www.epa.gov/laws-regulations-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulations and Regulatory Review

    This proposed rule would establish SNURs for 6 new chemical
substances that were the subject of PMNs. The Office of Management and
Budget (OMB) has exempted these types of actions from review under
Executive Order 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR
3821, January 21, 2011).

B. Paperwork Reduction Act (PRA)

    According to the PRA, 44 U.S.C. 3501 et seq., an Agency may not
conduct or sponsor, and a person is not required to respond to a
collection of information that requires OMB approval under PRA, unless
it has been approved by OMB and displays a currently valid OMB control
number. The OMB control numbers for EPA's regulations in title 40 of
the CFR, after appearing in the Federal Register, are listed in 40 CFR
part 9, and included on the related collection instrument or form, if
applicable.
    The information collection requirements related to this action have
already been approved by OMB pursuant to PRA under OMB control number
2070-0012 (EPA ICR No. 574). This action does not impose any burden
requiring additional OMB approval. If an entity were to submit a SNUN
to the Agency, the annual burden is estimated to average between 30 and
170 hours per response. This burden estimate includes the time needed
to review instructions, search existing data sources, gather and
maintain the data needed, and complete, review, and submit the required
SNUN.
    Send any comments about the accuracy of the burden estimate, and
any suggested methods for minimizing respondent burden, including
through the use of automated collection techniques, to the Director,
Regulatory Support Division, Office of Mission Support (2822T),
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001. Please remember to include the OMB control number in any
correspondence, but do not submit any completed forms to this address.

C. Regulatory Flexibility Act (RFA)

    Pursuant to RFA section 605(b) (5 U.S.C. 601 et seq.), the Agency
hereby certifies that promulgation of this proposed SNUR would not have
a significant adverse economic impact on a substantial number of small
entities. The requirement to submit a SNUN applies to any person
(including small or large entities) who intends to engage in any
activity described in the final rule as a ``significant new use.''
Because these uses are ``new,'' based on all information currently
available to EPA, it appears that no small or large entities presently
engage in such activities. A SNUR requires that any person who intends
to engage in such activity in the future must first notify EPA by
submitting a SNUN. Although some small entities may decide to pursue a
significant new use in the future, EPA cannot presently determine how
many, if any, there may be. However, EPA's experience to date is that,
in response to the promulgation of SNURs covering over 1,000 chemicals,
the Agency receives only a small number of notices per year. For
example, the number of SNUNs received was seven in Federal fiscal year
(FY) 2013, 13 in FY2014, six in FY2015, 12 in FY2016, 13 in FY2017, and
11 in FY2018, only a fraction of these were from small businesses. In
addition, the Agency currently offers relief to qualifying small
businesses by reducing the SNUN submission fee from $16,000 to $2,800.
This lower fee reduces the total reporting and recordkeeping of cost of
submitting a SNUN to about $10,116 for qualifying small firms.
Therefore, the potential economic impacts of complying with this
proposed SNUR are not expected to be significant or adversely impact a
substantial number of small entities. In a SNUR that published in the
Federal Register of June 2, 1997 (62 FR 29684) (FRL-5597-1), the Agency
presented its general determination that final SNURs are not expected
to have a significant economic impact on a substantial number of small
entities, which was provided to the Chief Counsel for Advocacy of the
Small Business Administration.

D. Unfunded Mandates Reform Act (UMRA)

    Based on EPA's experience with proposing and finalizing SNURs,
State, local, and Tribal governments have not been impacted by these
rulemakings, and EPA does not have any reasons to believe that any
State, local, or Tribal government will be impacted by this proposed
rule. As such, EPA has determined that this proposed rule does not
impose any enforceable duty, contain any unfunded mandate, or otherwise
have any effect on small governments subject to the requirements of
UMRA sections 202, 203, 204, or 205 (2 U.S.C. 1531-1538 et seq.).

E. Executive Order 13132: Federalism

    This action would 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 (64 FR
43255, August 10, 1999).

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This proposed rule would not have Tribal implications because it is
not expected to have substantial direct effects on Indian Tribes. This
proposed rule would not significantly nor uniquely affect the
communities of Indian Tribal governments, nor does it involve or impose
any requirements that affect Indian Tribes. Accordingly, the
requirements of Executive Order 13175

(65 FR 67249, November 9, 2000), do not apply to this proposed rule.

G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

    This action is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997), because this is not an economically significant
regulatory action as defined by Executive Order 12866, and this action
does not address environmental health or safety risks
disproportionately affecting children.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This proposed rule is not subject to Executive Order 13211 (66 FR
28355, May 22, 2001), because this action is not expected to affect
energy supply, distribution, or use and because this action is not a
significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    In addition, since this action does not involve any technical
standards, NTTAA section 12(d), 15 U.S.C. 272 note, does not apply to
this action.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    This action does not entail special considerations of environmental
justice related issues as delineated by Executive Order 12898 (59 FR
7629, February 16, 1994).

List of Subjects in 40 CFR Part 721

    Environmental protection, Chemicals, Hazardous substances,
Reporting and recordkeeping requirements.

    Dated: August 30, 2019.
Tala Henry,
Deputy Director, Office of Pollution Prevention and Toxics.

    Therefore, it is proposed that 40 CFR part 721 be amended as
follows:

PART 721--[AMENDED]

0
1. The authority citation for part 721 continues to read as follows:

    Authority:  15 U.S.C. 2604, 2607, and 2625(c).

0
2. Add Sec. Sec.  721.11375 through 721.11380 to subpart E to read as
follows:
Subpart E--Significant New Uses for Specific Chemical Substances
Sec.
721.11375 2,4 Hexadien-1-ol, 1-acetate, (2E,4E).
721.11376 2-Alkenoic acid, 2-alkyl-, alkyl ester, polymer with 2-
(dialkylamino)alkyl 2-alkyl-2-alkenoate, alkyl 2-alkyl-2-alkenoate
and a-(2-alkyl-1-oxo-2-alken-1-yl)-o-alkoxypoly(oxy-1,2-alkanediyl),
[(1-alkoxy-2-alkyl-1-alken-1-yl)oxy]trialkylsilane-initiated
(generic).
721.11377 Benzenesulfonamide, N-[2-[[(phenylamino)carbonyl]amino]
phenyl]-.
721.11378 1H-Imidazole-1-propanenitrile, 2-ethyl-ar-methyl-.
721.11379 Lithium, isotope of mass 6.
721.11380 Silsesquioxanes, 3-(dimethyloctadecylammonio)propyl Me Pr,
polymers with silicic acid (H4SiO4) tetra-Et ester, (2-
hydroxyethoxy)- and methoxy-terminated, chlorides.
* * * * *

Subpart E--Significant New Uses for Specific Chemical Substances

* * * * *

Sec.  721.11375  2,4-Hexadien-1-ol, 1-acetate, (2E,4E)-.

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as 2,4-hexadien-1-ol,
1-acetate, (2E,4E)- (P-17-324, CASRN 57006-69-6) is subject to
reporting under this section for the significant new uses described in
paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Industrial, Commercial, and consumer activities. Requirements
as specified in Sec.  721.80(g).
    (ii) Release to water. Requirements as specified in Sec.  721.90
(a)(4), (b)(4), and (c)(4) where N = 5.
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c), and (i) are applicable to manufacturers,
importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

Sec.  721.11376  2-Alkenoic acid, 2-alkyl-, alkyl ester, polymer with
2-(dialkylamino)alkyl 2-alkyl-2-alkenoate, alkyl 2-alkyl-2-alkenoate
and a-(2-alkyl-1-oxo-2-alken-1-yl)-o-alkoxypoly(oxy-1,2-alkanediyl),
[(1-alkoxy-2-alkyl-1-alken-1-yl)oxy]trialkylsilane-initiated (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance generically identified as 2-
alkenoic acid, 2-alkyl-, alkyl ester, polymer with 2-
(dialkylamino)alkyl 2-alkyl-2-alkenoate, alkyl 2-alkyl-2-alkenoate and
a-(2-alkyl-1-oxo-2-alken-1-yl)-o-alkoxypoly(oxy-1,2-alkanediyl), [(1-
alkoxy-2-alkyl-1-alken-1-yl)oxy]trialkylsilane-initiated (PMN P-18-109)
is subject to reporting under this section for the significant new uses
described in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Industrial, Commercial, and consumer activities. It is a
significant new use to manufacture, process, or use the chemical
substance in a manner that results in inhalation exposure.
    (ii) Release to water. Requirements as specified in Sec.  721.90
(a)(4), (b)(4), and (c)(4) where N = 14.
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c), and (i) are applicable to manufacturers,
importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

Sec.  721.11377  Benzenesulfonamide, N-[2-
[[(phenylamino)carbonyl]amino]phenyl]-.

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as benzenesulfonamide,
N-[2-[[(phenylamino)carbonyl]amino]phenyl]-(P-18-276, CASRN 215917-77-
4) is subject to reporting under this section for the significant new
uses described in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Industrial, Commercial, and consumer activities. It is a
significant new use to use the chemical substance for other than as a
developer for thermal paper.
    (ii) [Reserved].
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c), and (i) are applicable to manufacturers,
importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

Sec.  721.11378  1H-Imidazole-1-propanenitrile,2-ethyl-ar-methyl-.

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as 1H-imidazole-1-
propanenitrile,2-ethyl-

ar-methyl- (P-18-358, CASRN 568591-00-4) is subject to reporting under
this section for the significant new uses described in paragraph (a)(2)
of this section.
    (2) The significant new uses are:
    (i) Industrial, Commercial, and consumer activities. Requirements
as specified in Sec.  721.80 (y)(1). It is a significant new use to use
the chemical substance for other than as a curing agent within carbon
fiber reinforced plastics prepreg or a curing agent in industrial
adhesives for electronics.
    (ii) [Reserved].
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c), and (i) are applicable to manufacturers,
importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

Sec.  721.11379  Lithium, isotope of mass 6.

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as lithium, isotope of
mass 6 (P-18-384, CASRN 14258-72-1) is subject to reporting under this
section for the significant new uses described in paragraph (a)(2) of
this section.
    (2) The significant new uses are:
    (i) Industrial, Commercial, and consumer activities. It is a
significant new use to use the chemical substance for other than as a
starting material for manufacture of 6-Lithium chloride scintillation
crystals for use in radiation detection, including the engineering
controls described in the PMN.
    (ii) Release to water. Requirements as specified in Sec.  721.90
(a)(4), (b)(4), and (c)(4) where N = 8.5.
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c), and (i) are applicable to manufacturers,
importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

Sec.  721.11380  Silsesquioxanes, 3-(dimethyloctadecylammonio)propyl Me
Pr, polymers with silicic acid (H4SiO4) tetra-Et ester, (2-
hydroxyethoxy)- and methoxy-terminated, chlorides.

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as silsesquioxanes, 3-
(dimethyloctadecylammonio)propyl Me Pr, polymers with silicic acid
(H4SiO4) tetra-Et ester, (2-hydroxyethoxy)- and methoxy-terminated,
chlorides. (P-19-24, CASRN 2231249-14-0) is subject to reporting under
this section for the significant new uses described in paragraph (a)(2)
of this section.
    (2) The significant new uses are:
    (i) Industrial, Commercial, and consumer activities. It is a
significant new use to use the substance for other than as an asphalt
additive or asphalt emulsion additive. It is a significant new use to
use the chemical substance as an asphalt additive in a manner that
results in inhalation exposure to respirable particles or droplets
containing the chemical substance.
    (ii) Release to water. Requirements as specified in Sec.  721.90
(a)(4), (b)(4), and (c)(4) where N = 8.
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c), and (i) are applicable to manufacturers,
importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

[FR Doc. 2019-19579 Filed 9-10-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 120 (Friday, June 25, 2021)]
[Rules and Regulations]
[Pages 33525-33526]
[FR Doc No: 2021-13471]

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

40 CFR Part 52

[EPA-R05-OAR-2020-0386; FRL-10024-84-Region 5]

Air Plan Approval; Indiana; Monitoring Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving, under
the Clean Air Act (CAA), a revision to Indiana's State Implementation
Plan (SIP) to address changes to its air emissions monitoring rules for
Portland cement plants. Indiana revised its rules for Portland cement
plants to update the monitoring of particulate matter (PM) emissions to
allow an additional monitoring option. This additional monitoring
option is consistent with EPA's recent revisions to Federal
requirements for Portland cement plants. EPA proposed to approve this
action on March 25, 2021 and received no comments.

DATES: This final rule is effective on July 26, 2021.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2020-0386. All documents in the docket are listed on
the www.regulations.gov website. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
through www.regulations.gov or at the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays and facility
closures due to COVID-19. We recommend that you telephone Matt Rau,
Environmental Engineer, at<PHONE_NUMBER> before visiting the Region 5
office.

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

I. Background Information

    On March 25, 2021, EPA proposed to approve a revision to the
Indiana SIP to address changes to the monitoring requirements at 326
IAC 3-5-1 for Portland cement plants (86 FR 15838). An explanation of
the CAA requirements, a detailed analysis of the revision, and EPA's
reasons for proposing approval were provided in the notice of proposed
rulemaking and will not be restated here. The public comment period for
this proposed rule ended on April 26, 2021. EPA received no comments on
the proposal. Therefore, we are finalizing our action as proposed.

II. Final Action

    EPA is approving revisions to 326 IAC 3-5-1, continuous monitoring
requirements, into the Indiana SIP.

III. Incorporation by Reference

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

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting

Federal requirements and does not impose additional requirements beyond
those imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 24, 2021. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.

    Dated: June 14, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.

    For the reasons stated in the preamble, EPA amends 40 CFR part 52
as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

0
2. In Sec.  52.770, the table in paragraph (c) is amended by revising
the entry for ``3-5-1'' under the heading ``Rule 5. Continuous
Monitoring of Emissions'' to read as follows:

Sec.  52.770  Identification of plan.

* * * * *
    (c) * * *

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

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                   Rule 5. Continuous Monitoring of Emissions
----------------------------------------------------------------------------------------------------------------
3-5-1........................  Applicability;                 4/24/2020  6/25/2021, [INSERT
                                continuous monitoring                     FEDERAL REGISTER
                                requirements for                          CITATION].
                                applicable pollutants.

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

* * * * *
[FR Doc. 2021-13471 Filed 6-24-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 75, Number 235 (Wednesday, December 8, 2010)]
[Proposed Rules]
[Pages 76324-76328]
[FR Doc No: 2010-30739]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2010-1030]
RIN 1625-AA09

Drawbridge Operation Regulation; Duluth Ship Canal, Duluth-
Superior Harbor, MN

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a drawbridge opening
schedule for the Duluth Aerial Lift Bridge for vessels under 300 gross
tons. Scheduled drawbridge openings were requested by various local
entities to help reduce traffic congestion near the drawbridge during
the peak navigation and tourist season. The scheduled drawbridge
openings are expected to improve traffic congestion in the area and
enhance safety for all modes of transportation.

DATES: Comments and related material must reach the Coast Guard on or
before January 7, 2011.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-1030 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the

``Public Participation and Request for Comments'' portion of the
SUPPLEMENTARY INFORMATION section below for instructions on submitting
comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail Mr. Lee Soule, Bridge Management Specialist, Ninth
Coast Guard District; telephone<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>If you have questions on viewing or submitting
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change to http://www.regulations.gov and will include any
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2010-1030), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (http://www.regulations.gov), or by fax, mail or hand delivery,
but please use only one of these means. If you submit a comment online
via http://www.regulations.gov, it will be considered received by the
Coast Guard when you successfully transmit the comment. If you fax,
hand deliver, or mail your comment, it will be considered as having
been received by the Coast Guard when it is received at the Docket
Management Facility. We recommend that you include your name and a
mailing address, an e-mail address, or a phone number in the body of
your document so that we can contact you if we have questions regarding
your submission.
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rules'' and insert ``USCG-2010-1030'' in the ``Keyword''
box. Click ``Search'' then click on the balloon shape in the
``Actions'' column. If you submit your comments by mail or hand
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11
inches, suitable for copying and electronic filing. If you submit them
by mail and would like to know that they reached the Facility, please
enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and material received during the comment period
and may change the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2010-1030'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why one would be beneficial. If we determine
that one would aid this rulemaking, we will hold one at a time and
place announced by a later notice in the Federal Register.

Basis and Purpose

    The Duluth Aerial Bridge is located 0.25 miles from Duluth Harbor
North Pier Light at the lakeward end of the Duluth Ship Canal. It is a
vertical lift type bridge that provides 15 feet of vertical clearance
in the down position and up to 141 feet in the open position. The
bridge currently opens on signal for all vessel traffic that requires a
bridge opening. Marine traffic on the waterway consists of large
commercial vessels, smaller commercial vessels, and both power and sail
recreational vessels.
    Various entities in Duluth that requested the scheduled openings
included: City of Duluth, Duluth Fire Department-Emergency Management,
Duluth Police Department, Park Point Community Association, and Canal
Park Business Association. The scheduled drawbridge openings were
requested during the peak navigation and tourist season to improve the
flow of vehicular traffic over the bridge, relieve vehicular traffic
congestion near the bridge and on city streets on both sides of the
bridge (Park Point and Canal Park), improve access and response times
for emergency response entities, and enhance pedestrian safety in the
vicinity of the bridge.
    Commander, Ninth Coast Guard District, approved a temporary
deviation from regulations, with request for comments, that was
published in the April 22, 2010, issue of the Federal Register (75 FR
20918). The temporary deviation was constructed to be used as a test
bridge schedule during the 2010 navigation and tourist season. The test
schedule allowed for scheduled bridge openings on the hour and half-
hour for all vessels under 300 gross tons between the hours of 6 a.m.
and 9 p.m., seven days per week, and on signal between 9 p.m. and 6
a.m., from May 3 to October 29, 2010. The bridge continued to open at
all times for all vessels over 300 gross tons and Federal, State, and
local government vessels, vessels in distress, commercial vessels
engaged in rescue or emergency salvage operations, vessels engaged in
pilot duties, and vessels seeking shelter from severe weather. Written
comments regarding the test schedule were solicited throughout the
period.
    The Coast Guard received four (4) comments regarding the test
schedule that were successfully received by the Docket Management
Facility. Three of the comments were from charter fishermen operating
out of Duluth Harbor. The fourth comment was from a representative of
Duluth Seaway Port Authority. The comments from charter fishermen
generally cited objections to the scheduled bridge openings for their
type of vessels. Among the comments were statements regarding
inconsistencies by bridge operators for openings, concerns for vessel
safety due to smaller power vessels operating in the canal at high
speeds among vessels waiting for bridge openings, and dates and times
of the day that the scheduled openings should apply; specifically, that
the scheduled openings should not be in place before 7:30 a.m. each
day. The Port Authority commenter stated that the scheduled openings
should not apply to commercial vessels of any size

that support the commercial cargo business in the port, as well as
research and survey vessels. The Port Authority comment also included a
recommendation to adjust the dates and times that scheduled drawbridge
openings would apply.
    In addition to the written comments, a stakeholders meeting was
held in Duluth on October 20, 2010, to review and evaluate the test
drawbridge schedule and receive comments. The stakeholders meeting
included representatives from Coast Guard, City of Duluth, Duluth
Seaway Port Authority, Park Point Community Association, Canal Park
Business Association, Great Lakes Towing Company, Vista Cruise Lines,
Duluth Yacht Club, and Charter Fishermen.

Discussion of Proposed Rule

    The City of Duluth collected data throughout the test period
related to vehicular and vessel traffic counts, and the number of
bridge openings. In addition to the data collected, each stakeholder
had the opportunity to amplify their written comments and provide
additional direct input to the Coast Guard during the October 20, 2010,
meeting. During the stakeholder meeting it was generally agreed by all
parties that the scheduled bridge openings appeared to improve the
general flow of vehicular traffic on both sides of the bridge and
reduced vehicular traffic congestion. The claim of inconsistencies by
the bridge operators was discussed, and appeared to be isolated to only
a few incidents. They also occurred near the beginning of the test
period and can reasonably be attributed to all parties adjusting to the
scheduled bridge openings. The Port Authority and Great Lakes Towing
Company representatives stated their positions that towing vessels
engaged in port operations should be specifically included with vessels
that continue to have bridge openings at any time (on signal). The
proposed rule has been adjusted to include these types of vessels for
openings on signal. Research and survey vessels operating from Duluth
Harbor were also requested to be specifically included in this group.
This class of vessels is considered public or government vessels and
may request bridge openings on signal. Only a minor adjustment to the
proposed language is needed to address this statement. The comment
regarding vessels operating at unsafe speeds in the canal is considered
a law enforcement issue and not related to the scheduled drawbridge
openings. The Coast Guard will take these reports into consideration.
Regarding the time of year and hours each day that the scheduled
openings would apply, it was generally agreed during the stakeholders
meeting that the scheduled openings would be beneficial and effective
between Memorial Day and Labor Day each year, instead of the beginning
of May to the end of October, as it was implemented for the test
schedule. The scheduled opening hours during the test schedule were
from 6 a.m. to 9 p.m. each day. It was requested that the scheduled
openings start at 7:30 a.m. instead of 6 a.m. The later start time was
requested to allow for the charter fishermen to obtain bridge openings
for their first trip of the day during a time when vehicular traffic is
still relatively light. The data collected by the City of Duluth
supports the agreed change to the dates that the scheduled openings
would apply. The data also identifies that the requested time each day
to start scheduled openings should be 7 a.m. instead of 6 a.m. or 7:30
a.m. In addition to the vehicular traffic data below that indicates a
clear increase in rush hour traffic between 7 and 8 a.m., bridge
opening logs showed that the first trip each day for most charter
fishermen occurred before 7 a.m. In order to maintain an effective
bridge schedule that accomplishes the purpose of managing traffic
congestion while still providing for the reasonable needs of
navigation, the proposed rule adjusts the times for scheduled openings
from 7 a.m. to 9 p.m. The later time was also discussed and determined
to remain at 9 p.m. since there is still considerable vehicular traffic
departing the public park area on Minnesota Point around this hour
between Memorial Day and Labor Day. Additionally, the 9 p.m. time does
not adversely affect any vessel traffic. The data below collected by
City of Duluth illustrates support for the agreed adjustments during
the stakeholders meeting:

                                       Total Vessels Under 300 Gross Tons
----------------------------------------------------------------------------------------------------------------
                                        May          June         July         Aug          Sep          Oct
----------------------------------------------------------------------------------------------------------------
2009..............................          383         1287         2015         1974         1331          212
2010..............................          528         1066         2088         1430         1016          380
----------------------------------------------------------------------------------------------------------------
                                              Total Bridge Openings
----------------------------------------------------------------------------------------------------------------
2009..............................          320          841         1097         1184          800          350
2010..............................          300          576          860          630          752          429
----------------------------------------------------------------------------------------------------------------

                                        Total Vehicles (Both Directions)
                                  [Vehicular counts were not collected in 2009]
----------------------------------------------------------------------------------------------------------------
                                        May          June         July         Aug          Sep          Oct
----------------------------------------------------------------------------------------------------------------
2010..............................      102,564      210,539      266,000      230,668      160,591      163,110
----------------------------------------------------------------------------------------------------------------

                  Total Average Vehicles for Each Hour
------------------------------------------------------------------------
                                           6 a.m.-7 a.m.   7 a.m.-8 a.m.
------------------------------------------------------------------------
June....................................           68.20           97.53
July....................................           58.77           87.80
August..................................           50.04           84.09
------------------------------------------------------------------------

    In addition to the two scheduled openings per hour, vessels will
continue to have access to the harbor through the alternate Superior,
Wisconsin, Entry Channel, and passage of the Aerial Bridge during
unscheduled openings for commercial vessels. The proposed schedule is
expected to provide for the reasonable balance of all modes of
transportation and effectively accomplish the requested goal of
improving traffic congestion and safety in the area of the Duluth
Aerial Bridge.
    This proposed regulation also adjusts the current required advance
notice requirement for vessels from 24-hours to 12-hours vessels
between January 1 and March 15.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. This determination is
expected to improve traffic congestion and safety in the vicinity of
the drawbridge and does not exclude bridge openings for vessel traffic.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. The proposed rule continues to provide at
least two drawbridge openings per hour between 7 a.m. and 9 p.m. each
day, and openings at any time during all other hours, as well as during
unscheduled transits of commercial vessels. The test schedule
implemented this year resulted in only minor adjustments in schedules
or operations for all entities. Additionally, all vessels that do not
require bridge openings may transit the drawbridge at any time, and the
alternate Superior, Wisconsin, Entry Channel may be used by all vessels
at any time.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Mr. Lee D. Soule, Bridge
Management Specialist, U.S. Coast Guard, telephone<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>or fax<PHONE_NUMBER>. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.

Collection of Information

    This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule will not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

Taking of Private Property

    This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have Tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian Tribes, 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.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01, and Commandant Instruction
M16475.lD which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment because it simply
promulgates the operating regulations or procedures for drawbridges. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

    1. The authority citation for part 117 continues to read as
follows:

    Authority:  33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.

    2. Revise Sec.  117.661 to read as follow:

Sec.  117.661  Duluth Ship Canal (Duluth-Superior Harbor).

    The draw of the Duluth Ship Canal Aerial bridge, mile 0.25 at
Duluth, shall open on signal; except that, from the Friday before
Memorial Day through the Tuesday after Labor Day each year, between the
hours of 7 a.m. and 9 p.m., seven days a week, the drawbridge shall
open on the hour and half-hour for vessels under 300 gross tons, if
needed; and the bridge will open on signal for all vessels from 9 p.m.
to 7 a.m., seven days a week, and at all times for Federal, State, and
local government vessels, vessels in distress, commercial vessels
engaged in rescue or emergency salvage operations, commercial-assist
towing vessels engaged in towing or port operations, vessels engaged in
pilot duties, vessels seeking shelter from severe weather, and all
vessels 300 gross tons or greater. From January 1 through March 15, the
draw shall open on signal if at least 12 hours notice is given. The
opening signal is one prolonged blast, one short blast, one prolonged
blast, one short blast. If the drawbridge is disabled, the bridge
authorities shall give incoming and outgoing vessels timely and
dependable notice, by tug service if necessary, so that the vessels do
not attempt to enter the canal.

    Dated: November 23, 2010.
M.N. Parks,
Rear Admiral, U.S. Coast Guard Commander, Ninth Coast Guard District.
[FR Doc. 2010-30739 Filed 12-7-10; 8:45 am]
BILLING CODE 9110-04-P


TO: Burleson Smith FROM: Meredith Dahl DATE: August 3, 2004 RE: Comments on Notice of Proposed Rulemaking 1. A spell check needs to be run on this document. ° Page 1, bottom of first paragraph, " categorie" ° Page 21, second full paragraph, " firsms" ° page 24, toward the bottom " which may be an a lesser amount" ° page 25, towards the top, " alloances" ° page 27, second to last paragraph, towards bottom " particularly" should be particular. ° page 40, top of page, " selfcertification" ° page 63, " sell to an approved uses"

2. A global search should be done for the words " use" " user" and " uses" to make sure the correct word is being used at the correct time. Additionally, is the proposed regulation capitalizing the term " Column" or not? ( e. g. Column A of Appendix L or column A of Appendix L).

3. The name or reference to the Clean Air Act is inconsistent throughout the entire document. Sometimes it is called the CAAA sometimes its called the " Clean Air Act." That is confusing because the term CAAA or Clean Air Act Amendment may be interpreted to be something different than the " Clean Air Act." Page 8, for example, at the top it says " under 602( d) of the CAAA" and then on the bottom it says " Section 604( d)( 6) of the Clean Air Act. . . ." Other places throughout the document the whole term " Clean Air Act Amendments" is written out.

4. Bottom of page 8 there is a quote that is wrong. " Section 604( d)( 6) states that ` to the extent consistent with the Montreal Protocol, the Administrator may exempt methyl bromide for critical uses.'" That is not a direct quote of 604( d)( 6). In addition, the paragraph directly before this paragraph states and quotes what 604( d)( 6) says.

5. Page 13, second paragraph, " This kind of restriction on the use of existing stocks is also authorized under the essential use exemption of what as a condition for allowing new production and consumption." This sentence is not as clear as it could be.

6. Page 21, second full paragraph, " critical stock allowance" is given the short term " CSU" but then in that same paragraph it is referred to as " critical stock allowance" again. Please make all terms consistent to make the document easier to read and understand. 7. Page 24, third full paragraph, here a company that holds stock of critical allowances is referred to as an " entity" whereas it seems like that organization is also referred to as a " person" elsewhere in the preamble and the regulation. This is confusing.

8. Page, 32, last paragraph, refers to " criterion number two above," there are two number ( 2) directly above. It might be good to clarify that it is the former criterion number two.

9. Page 34, first full paragraph, second sentence, a comma is needed after " Therefore" and before " EPA."

10. Page 35, second full paragraph, last sentence, does not make sense. Please redraft.

11. 82.3, first definition, are there any " uses" of MB " listed" in 82.4( p)?

12. 82.3, definition of " critical use allowance," ... " for an approved critical user," is this supposed to be " for an approved critical use." The producers and importers aren't producing or importing specifically for a certain user, but, rather, for more generally an approved critical use, correct?

13. 82.3, limiting critical condition, the text says these are listed in " Appendix L." The limiting critical conditions are in Column C of Appendix L.

14. 82.4( d)( 1), the phrase "( except for controlled substances that are transformed or destroyed)" is different than the similar phrase in 82.4( b)( 1). Is this intentional?

15. Page 65, ( p)( 2), this should be changed to: " No person shall sell methyl bromide produced or consumed before the phaseout date of January 1, 2005 to an approved critical user for a critical use listed in Column A to an end user in Column B of Appendix L unless the person holds a critical stock allowance . . . ."

° With this redraft, a company can sell its transition management reserves ( as EPA defined as " N" on page 17) to an end user who also happens to be an approved critical user in one state and who also has a farm in another state growing the same crop ( which is by definition an " approved critical use") but is not an " end user." Current Draft of ( p)( 2), prima facie case is this:

i. No person ( i. e. company) can sell its previous supplies ( i. e. transition management) of MB ii. To an " approved critical user" ( e. g. farmer in florida, growing eggplant, Farmer Joe Smith) iii. For a " critical use listed in Column A" ( e. g. eggplant) iv. Unless person ( i. e. company) holds critical stock allowances Company will not be able to sell any transition management MB to Farmer Joe Smith's eggplant farm in Alabama because he is by definition an " approved critical user" and is growing by definition a " critical use listed in Column A." However, company can sell any transition management MB to Farmer Joe Smith's eggplant competitors in Alabama who are not by definition " approved critical users."

Proposed Version of ( p)( 2), prima facie case is this:

i. No person ( i. e. company) can sells its previous supplies ( transition management) of MB ii. To an " approved critical user" ( e. g. farmer in florida, growing eggplant, Farmer Joe Smith) iii. For a " critical use listed in Column A" ( e. g. eggplant) iv. For an " end user listed in Column B" ( e. g. Florida growers) v. Unless person ( i. e. company holds critical stock allowances)

This way, company can sell its transition management supply of MB to Farmer Joe Smith's eggplant farm in Alabama.

16. Page 65, ( p)( 4) what is the reason or strategy for the sentence, " No person who acquires critical use methyl bromide produced under an allowance for a specific use sector listed in Appendix L to this subpart, if applicable, may use such quantities in a different use sector." Because this sentence says " if applicable" is not really a proposed statement. What exactly is EPA proposing here? Or is this in there strategically. Please explain.

17. Lastly, the preamble is quite lengthy and confusing. Particularly with respect to Section VII of the preamble. This section is so long ( at least 7 pages) and the idea is not even part of the regulation text. Can this section be a brief summary instead? As written the preamble appears to invite comment on numerous alternatives that are not in the proposed rule text. It would seem more appropriate to invite comment on the proposed text. If EPA desires to notify the public of the various alternatives it considered in developing the proposed rule, it could simply set forth what was considered in the preamble but limit the request for comment to the rule text.