American Indian Environmental Office
OMB Number (EPA Only): Click or tap here to enter text.
__/__/2023

               Photo Credit: New Water Organization; Oneida Nation of Wisconsin
                                         DRAFT: Combined ETEP and GAP Work Plan
                                         DRAFT: Combined ETEP and GAP Work Plan
             Indian Environmental General Assistance Program (GAP)
      Combined EPA-Tribal Environmental (ETEP) and GAP Work Plan Template

Tribe: Click or tap here to enter text.
EPA Region: Click or tap here to enter text.
Work Plan Period Begins: Click or tap here to enter text.
Work Plan Period Ends: Click or tap here to enter text.
ETEP Time Period: Click or tap here to enter text.

This combined ETEP and GAP Work Plan includes requirements listed in the 2022 GAP Guidance and 40 CFR § 35.507, and the Indian Environmental General Assistance Program Act of 1992.

--------------------------------------------------------------------------------
Section 1: Implementation of the Federal Environmental Programs on the Reservation
--------------------------------------------------------------------------------
Including: EPA Regulated Entities & EPA Program Priorities (including Direct Implementation)

As stated in the 2022 GAP Guidance, EPA Regional Offices should develop and provide each Tribe with a draft inventory of federally-regulated entities in Indian country, to be incorporated into the tables below. Tribes may also consider adding regulated entities that are not within Indian country but that may impact the Tribe's environment. EPA maintains program-specific databases of regulated entities and data query tools that Tribes may use to identify additional regulated entities of interest. See page 18 of the 2022 GAP Guidance for more information.

EPA Regional Offices shall also identify EPA's Direct Implementation (DI) responsibilities for each Tribe, detailed in the tables below.

 --------------------------------------------------------------------------------
A) EPA Direct Implementation
1.
*EPA-Regulated Entities Identified in Indian Country: [Example: There are currently no EPA-regulated entities identified for this Reservation. (As new regulated entities are identified, additional federal requirements are promulgated, or conditions on the Reservation change, EPA may exercise additional regulatory authorities or provide other assistance to the Tribe.)]
Click or tap here to enter text.
Information about the regulated entities (optional): [Example: Area is in non-attainment status.]
Click or tap here to enter text.
Primary Federal Statute: [Example: Clean Air Act]
Choose an item or, if not listed, Click or tap here to enter text.
Primary EPA Contact (optional):
Click or tap here to enter text.
Primary Tribal Contact (optional):
Click or tap here to enter text.
Has the Tribe been delegated, authorized, or approved the program?
If not, complete the section below.
Click or tap here to enter text.
If the answer to the question above is No, complete the following section
Anticipated EPA Direct Implementation Activities (completed by EPA)
Click or tap here to enter text.
Anticipated Tribal Activities to Support EPA Direct Implementation (completed by Tribe)  -  optional
Click or tap here to enter text.
Tribe's Long-Term Program Development Goal (choose one: 1. Tribal Assumption of Program Authority, 2. Meaningful Participation, 3. Solid and Hazardous Waste Implementation; as identified in Section 2 below)
Choose an item.

2.
EPA-Regulated Entities Identified in Indian Country:
Click or tap here to enter text.
Information about the regulated entities (optional):
Click or tap here to enter text.
Primary Federal Statute: [Example: Clean Air Act]
Choose an item or, if not listed, Click or tap here to enter text.
Primary EPA Contact (optional):
Click or tap here to enter text.
Primary Tribal Contact (optional):
Click or tap here to enter text.
Has the Tribe been delegated, authorized, or approved the program?
If not, complete the section below.
Click or tap here to enter text.
If the answer to the question above is No, complete the following section:
Anticipated EPA Direct Implementation Activities (completed by EPA)
Click or tap here to enter text.
Anticipated Tribal Activities to Support EPA Direct Implementation (completed by Tribe)  -  optional
Click or tap here to enter text.
Tribe's Long-Term Program Development Goal (choose one: 1. Tribal Assumption of Program Authority; 2. Meaningful Participation; 3. Solid and Hazardous Waste Implementation; as identified in Section 2 below)
Choose an item.

*Add (copy and paste) more "EPA-Regulated Entities Identified in Indian Country" tables below, as needed

 --------------------------------------------------------------------------------
B) Additional EPA Program Priorities
List, if applicable (including, for example, regional and national priorities identified in the EPA Strategic Plan or included in National Program Guidance):

*Add or remove program priorities, as applicable.

Number
EPA Program Priority
1
Click or tap here to enter text.
2
Click or tap here to enter text.
3
Click or tap here to enter text.
4
Click or tap here to enter text.
5
Click or tap here to enter text.
6
Click or tap here to enter text.
7
Click or tap here to enter text.
8
Click or tap here to enter text.
9
Click or tap here to enter text.
10
Click or tap here to enter text.

--------------------------------------------------------------------------------
Section 2: Tribal Priorities and GAP Work Plan

 --------------------------------------------------------------------------------
Priority Area
[Example: Improve Solid Waste Management]
Click or tap here to enter text.
Short description of priority area (summary of the proposed work): [Example: The Tribe will continue to maintain and enhance a core solid and hazardous waste management program to ensure the ability of the Tribe to respond protect land, water, and air resources.]
Click or tap here to enter text.
Capacity indicator(s) associated with this priority: [Example: RCRA 01.02 Recipient is preparing/updating a Tribally-approved Integrated Waste Management Plan (IWMP) and RCRA 01.03 Recipient is establishing a waste minimization program.]
Click or tap here to enter text.
Anticipated timeline for completing capacity indicator(s) above (i.e., within this ETEP, or beyond this ETEP): [Example: Indicator is in progress and will not be completed within the ETEP timeframe.]
Click or tap here to enter text.
Tribe's long-term program development goal for this priority area (choose one: 1. Tribal Assumption of Program Authority; 2. Meaningful Participation; 3. Solid and Hazardous Waste Implementation; see page 19 in the 2022 GAP Guidance for more information): [Example: 3. Solid and Hazardous Waste Implementation]
Choose an item.
Requested EPA assistance to support this priority (examples could include: consortia support, coordination/facilitation, site visit, technical assistance, training, etc.): [Example: Tribe requests assistance with updating IWMP, grant support for enhanced recycling waste diversion, technical assistance and training on solid waste enforcement strategies.]
Click or tap here to enter text.
Work Plan Components associated with this priority area are:
Click or tap here to enter text.

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      Work Plan Component
[Example: Solid and Hazardous Waste Management]
Click or tap here to enter text.
Funding for this Component: [Example: $30,000 per fiscal year]
$Click or tap here to enter text.
Estimated Work Years: [Example: .3 Full-Time Equivalent (FTE)]
Click or tap here to enter text.
--------------------------------------------------------------------------------
Work Plan Commitments

             WORK PLAN COMMITMENTS (ACTIVITIES) FOR THIS COMPONENT
                                  TIME FRAME
    OUTPUTS AND OUTCOMES (TRIBAL ROLES AND RESPONSBILITIES FOR COMMITMENT)
          EPA ROLES AND RESPONSBILITIES FOR COMMITMENT, IF APPLICABLE
                                       1
Click or tap here to enter text.
Click or tap here to enter text.
Click or tap here to enter text.
Click or tap here to enter text.
                                       2
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Click or tap here to enter text.
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                                       3
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Click or tap here to enter text.
                                       4
Click or tap here to enter text.
Click or tap here to enter text.
Click or tap here to enter text.
Click or tap here to enter text.
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                  EPA Use Only: Strategic Goal Information (EPA Order 5700.7A1)
[Example: 2022-2026 Strategic Plan]

Click or tap here to enter text.
[Example: Goal 2: Take Decisive Action to Advance Environmental Justice]
Click or tap here to enter text.
[Example: Objective 2.1 Promote Environmental Justice Efforts at the Federal, Tribal, State, and Local Levels]
Click or tap here to enter text.

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      Work Plan Component
Click or tap here to enter text.
Funding for this Component:
$Click or tap here to enter text.
Estimated Work Years:
Click or tap here to enter text.
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Work Plan Commitments

             WORK PLAN COMMITMENTS (ACTIVITIES) FOR THIS COMPONENT
                                  TIME FRAME
    OUTPUTS AND OUTCOMES (TRIBAL ROLES AND RESPONSBILITIES FOR COMMITMENT)
          EPA ROLES AND RESPONSBILITIES FOR COMMITMENT, IF APPLICABLE
                                       1
Click or tap here to enter text.
Click or tap here to enter text.
Click or tap here to enter text.
Click or tap here to enter text.
                                       2
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                                       3
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                                       4
Click or tap here to enter text.
Click or tap here to enter text.
Click or tap here to enter text.
Click or tap here to enter text.
 --------------------------------------------------------------------------------
                  EPA Use Only: Strategic Goal Information (EPA Order 5700.7A1)
[Example: 2022-2026 Strategic Plan]

Click or tap here to enter text.
[Example: Goal 2: Take Decisive Action to Advance Environmental Justice]
Click or tap here to enter text.
[Example: Objective 2.1 Promote Environmental Justice Efforts at the Federal, Tribal, State, and Local Levels]
Click or tap here to enter text.

*Add (copy and paste) more component/commitment tables below, as needed

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Priority Area
Click or tap here to enter text.
Short description of priority area (summary of the proposed work):
Click or tap here to enter text.
Capacity indicator(s) associated with this priority:
Click or tap here to enter text.
Anticipated timeline for completing capacity indicator(s) above (i.e., within this ETEP, or beyond this ETEP):
Click or tap here to enter text.
Tribe's long-term program development goal for this priority area (choose one: 1. Tribal Assumption of Program Authority; 2. Meaningful Participation; 3. Solid and Hazardous Waste Implementation; see page 19 in the 2022 GAP Guidance for more information):
Choose an item.
Requested EPA assistance to support this priority (examples could include: consortia support, coordination/facilitation, site visit, technical assistance, training, etc.):
Click or tap here to enter text.
Work Plan Components associated with this priority area are:
Click or tap here to enter text.

 --------------------------------------------------------------------------------
      Work Plan Component
Click or tap here to enter text.
Funding for this Component:
$Click or tap here to enter text.
Estimated Work Years:
Click or tap here to enter text.
--------------------------------------------------------------------------------
Work Plan Commitments

             WORK PLAN COMMITMENTS (ACTIVITIES) FOR THIS COMPONENT
                                  TIME FRAME
    OUTPUTS AND OUTCOMES (TRIBAL ROLES AND RESPONSBILITIES FOR COMMITMENT)
          EPA ROLES AND RESPONSBILITIES FOR COMMITMENT, IF APPLICABLE
                                       1
Click or tap here to enter text.
Click or tap here to enter text.
Click or tap here to enter text.
Click or tap here to enter text.
                                       2
Click or tap here to enter text.
Click or tap here to enter text.
Click or tap here to enter text.
Click or tap here to enter text.
                                       3
Click or tap here to enter text.
Click or tap here to enter text.
Click or tap here to enter text.
Click or tap here to enter text.
                                       4
Click or tap here to enter text.
Click or tap here to enter text.
Click or tap here to enter text.
Click or tap here to enter text.
 --------------------------------------------------------------------------------
                  EPA Use Only: Strategic Goal Information (EPA Order 5700.7A1)
[Example: 2022-2026 Strategic Plan]

Click or tap here to enter text.
[Example: Goal 2: Take Decisive Action to Advance Environmental Justice]
Click or tap here to enter text.
[Example: Objective 2.1 Promote Environmental Justice Efforts at the Federal, Tribal, State, and Local Levels]
Click or tap here to enter text.

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      Work Plan Component
Click or tap here to enter text.
Funding for this Component:
$Click or tap here to enter text.
Estimated Work Years:
Click or tap here to enter text.
--------------------------------------------------------------------------------
Work Plan Commitments

             WORK PLAN COMMITMENTS (ACTIVITIES) FOR THIS COMPONENT
                                  TIME FRAME
    OUTPUTS AND OUTCOMES (TRIBAL ROLES AND RESPONSBILITIES FOR COMMITMENT)
          EPA ROLES AND RESPONSBILITIES FOR COMMITMENT, IF APPLICABLE
                                       1
Click or tap here to enter text.
Click or tap here to enter text.
Click or tap here to enter text.
Click or tap here to enter text.
                                       2
Click or tap here to enter text.
Click or tap here to enter text.
Click or tap here to enter text.
Click or tap here to enter text.
                                       3
Click or tap here to enter text.
Click or tap here to enter text.
Click or tap here to enter text.
Click or tap here to enter text.
                                       4
Click or tap here to enter text.
Click or tap here to enter text.
Click or tap here to enter text.
Click or tap here to enter text.
 --------------------------------------------------------------------------------
                  EPA Use Only: Strategic Goal Information (EPA Order 5700.7A1)
[Example: 2022-2026 Strategic Plan]

Click or tap here to enter text.
[Example: Goal 2: Take Decisive Action to Advance Environmental Justice]
Click or tap here to enter text.
[Example: Objective 2.1 Promote Environmental Justice Efforts at the Federal, Tribal, State, and Local Levels]
Click or tap here to enter text.

*Add (copy and paste) more component/commitment tables below, as needed

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Section 2, Continued: Solid Waste Service Delivery (Optional)

As stated in the 2022 GAP Guidance, a Tribe should have a Tribally-approved integrated waste management plan (IWMP) that addresses the current service delivery activities if the GAP award includes solid waste and recovered materials collection, transportation, backhaul, and disposal services. However, if the Tribe does not have an approved IWMP in place, or if the Tribe's IWMP does not address the service delivery activities funded by GAP, the following items should be included in the below table:

 A description of the Tribe's waste management program structure and administration,
 Current and proposed waste management practices, and
 A description of the community service area.

(See page 11 of the 2022 GAP Guidance for more information.)

Integrated Waste Management Plan Information
Section I:
☐Yes, the Tribe has a current IWMP that includes the relevant information. Date of plan: Click or tap here to enter text.
      *Do not fill out Section II.
☐No, the Tribe does not have a current IWMP that includes the relevant information.
      *Go to Section II.
Section II:
 A description of the Tribe's waste management program structure and administration: Click or tap here to enter text.
 Current and proposed waste management practices: Click or tap here to enter text.
 Description of the community service area: Click or tap here to enter text.

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Section 3: Performance Evaluation Process and Reporting Schedule

A GAP work plan should have a performance evaluation process and reporting schedule in accordance with work plan requirements in 40 CFR § 35.507. The schedule must require the Tribe to report at least annually and must satisfy the requirements for progress reporting under 2 CFR 200.329.

The joint evaluation process requirements are specifically outlined in § 35.515 and include:

 A discussion of accomplishments as measured against work plan commitment,
 A discussion of the cumulative effectiveness of the work performed under all work plan components,
 A discussion of existing and potential problem areas, and
 Suggestions for improvement, including, where feasible, schedules for making improvements.

  Resolution of issues. If the joint evaluation reveals that the Tribe has not made sufficient progress under the work plan, the Region and the Tribe will negotiate a resolution that addresses the issues. If the issues cannot be resolved through negotiation, the Region may take appropriate measures under 2 CFR 200.339 - 200.243. The Tribe may request a review of the Regional Administrator's decision under the dispute processes in 2 CFR part 1500, subpart E.

  Evaluation reports. The Region will ensure that the required evaluations are performed according to the negotiated schedule and that copies of evaluation reports are placed in the official files and provided to the Tribe.


[Federal Register Volume 84, Number 243 (Wednesday, December 18, 2019)]
[Notices]
[Pages 69369-69370]
[FR Doc No: 2019-27227]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP19-1469-002.
    Applicants: DTE Midstream Appalachia, LLC.
    Description: Compliance filing Compliance Filing to November 26
Order to be effective 8/1/2019.
    Filed Date: 12/11/19.
    Accession Number: 20191211-5143.
    Comments Due: 5 p.m. ET 12/23/19.

    Docket Numbers: RP20-256-001.
    Applicants: Tennessee Gas Pipeline Company, L.L.C.
    Description: Tariff Amendment: Volume No. 2--SJR SP100754 Neg-Non
Conf Amend Exhibit A-4.17.3 to be effective 12/1/2019.
    Filed Date: 12/11/19.
    Accession Number: 20191211-5079.
    Comments Due: 5 p.m. ET 12/23/19.

    Docket Numbers: RP20-322-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Sec.  4(d) Rate Filing: TETLP Sync-Up Filing--Stratton
Ridge (CP17-56) Tariff Records to be effective 12/24/2019.
    Filed Date: 12/11/19.
    Accession Number: 20191211-5012.
    Comments Due: 5 p.m. ET 12/23/19.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified date(s). Protests may be considered,
but intervention is necessary to become a party to the proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: December 12, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-27227 Filed 12-17-19; 8:45 am]
 BILLING CODE 6717-01-P


Internet Daemon Owner<EMAIL_ADDRESS>05/31/2005 10:40 AM	To
James Michael/DC/USEPA/US@EPA, GailAnn Cooper/DC/USEPA/US@EPA
cc

bcc

Subject
(150104031) F019 Comment Submission

11e. Dr.

12. Last Name
Miller
13. First Name
William
14. Job Title
GM Technical Fellow
15. Organization
General Motors
16. Address
100 Saturn Parkway
17. City
Spring Hill
18. State
TN
19. Zip Code
37174
20. Telephone
931-486-7471
21. Fax
931-486-5069
22. E-mail
<EMAIL_ADDRESS>23. Question/Comments
June 1, 2005

Mr. Robert W. Dellinger            Ms. Gail A. Cooper
Director                  Chief
Hazardous Waste Identification Division      Hazardous Waste Generation &
Office of Solid Waste                  Characterization Branch
5304W                     Office of Solid Waste
USEPA Headquarters               5304 W
Ariel Rios Building               US EPA Headquarters
1200 Pennsylvania Avenue, N.W.         Ariel Rios Building
Washington, DC 20460            1200 Pennsylvania Avenue, N.W.
                     Washington, DC 20460

Mr. James F. Michael
Senior RCRA Advisor
Hazardous Waste Generation &
   Characterization Branch
Office of Solid Waste
5304W
US EPA Headquarters
Ariel Rios Building
1200 Pennsylvania Avenue, N.W.
Washington, DC 20460

Dear Ms. Cooper and Messrs. Dellinger and Michael:

Re: Comments of General Motors Corporation Regarding EPA’s Request for
Comments
      on a Possible Amendment to Hazardous Waste Listing F019 Posted on
OSWER’s
      Website on April 22, 2005

We would like to first take this opportunity to thank EPA for its efforts
to resolve the longstanding problem our industry has had with hazardous
waste code F019.  We would like to divide our comments into two(2) general
categories, namely – (1) an overview of the F019 problem and issues
regarding the applicability of F019 to the automotive industry, and (2)
Specific issues raised by EPA’s April 22, 2005 data release, synthesis,
and suggested approach.

The F019 Problem and Issues Regarding the Applicability of F019 to the
Automotive Industry

F019 Overview

Hazardous waste code F019 pertains to -

 " wastewater treatment sludges from the chemical conversion coating of
aluminum except from zirconium phosphating in aluminum can washing when
such phosphating is an exclusive conversion coating process" .

On May 19, 1980 the EPA published an interim final regulation listing “
Wastewater treatment sludges from electroplating operations” as EPA
hazardous Waste No. F006 in Subpart D of 40 CFR Part 261.  The hazardous
constituents for which this waste was listed were cadmium, chromium,
nickel, and complexed cyanide. In response to comments on this regulation,
the listing was modified on November 12, 1980   to read as follows:
Wastewater treatment sludges from electroplating operations except from
the following processes: (1) sulfuric acid anodizing of aluminum; (2) tin
plating on carbon steel; (3) zinc plating (segregated basis) on carbon
steel; (4) aluminum or zinc-aluminum plating on carbon steel; (5)
cleaning/stripping associated with tin, zinc, and aluminum plating on
carbon steel; and (6) chemical etching and milling of aluminum.

 In addition, EPA agreed with commenters that wastewater treatment sludges
from the chemical conversion coating of aluminum would not be expected to
contain hazardous levels of cadmium and nickel and thus, listed this waste
separately as EPA Hazardous Waste No. F019. The hazardous constituents for
which EPA Hazardous Waste Code No. F019 was listed are hexavalent chromium
and complexed cyanide.

On March 31, 1986 the EPA’s Environmental Appeals Board issued what was
known as the “US Nameplate Decision”.  US Nameplate was a Mount Vernon,
Iowa company that made nameplates, i.e., plates for electric motors
displaying the rating capacity for motors, by chemical etching. US
Nameplate had been disposing of wastewater treatment plant sludges (WWTP)
in an on-site lagoon since 1979. The State of Iowa and US EPA Region 7
subsequently filed complaints against US Nameplate alleging that the WWTP
sludge was F006; that US Nameplate had made untimely notification and
permit application; and that US Nameplate had failed to implement a
groundwater monitoring system. US Nameplate argued that EPA’s regulations
were not clear that chemical etching was included in the scope of
electroplating simply because it was referenced in a background document.

In an attempt to resolve confusion over the scope of F006 and F019, EPA
issued an interpretive rule in 1986.  In that interpretive rule EPA left
the F019 designation unchanged and stated that chemical conversion coating
processes are not covered under F006. The unintended consequence of this
interpretive rule is that aluminum is the only metal whose wastewater
treatment sludges from chemical conversion coating are considered
hazardous.

Background Document

A point that should not be lost in this discussion is that the F019
listing evolved out of EPA’s data collection efforts to support the
development of pretreatment standards for the electroplating point source
category. In the course of compiling those standards EPA looked
exclusively at operations that chemical conversion coated just aluminum.
Additionally, it is clear from the background document   that EPA’s focus
was solely on operations that were chromate based and that the concern for
cyanide was due to its use in the coloring of anodized aluminum. The
automotive industry in the United States has never used processes like
those described by EPA and would not until such time as an all aluminum or
nearly all aluminum automobile or truck is produced. Despite these obvious
points of departure from the intended sources to be regulated, the EPA
continues to conclude that automotive zinc phosphating of aluminum is
covered under hazardous waste code F019,  without regard to 1)!
  the quantity of aluminum used, 2) whether conversion coating actually
occurs on aluminum, 3) whether conversion coating is intended for various
aluminum parts,  4) the lack of chromate compounds or cyanide in the
process ,or 5) the fact that the resulting sludge is not
characteristically hazardous. A much more complete and technically correct
approach to this problem would have been for EPA to conclude, like some
states have done, that this waste code was never intended to apply to the
zinc phosphating process used by the automotive industry in the United
States.

Automotive Efforts to Resolve the F019 Issue

GM, as well as other automotive manufacturers (e.g., Ford,
DaimlerChrysler, BMW, and Nissan) and various trade associations (e.g.,
The Aluminum Association, American Automobile Manufacturers Association,
and the Alliance of Automobile Manufacturers) have made numerous attempts
over the years to bring some perspective to the applicability of the F019
designation at automotive and truck assembly plant operations. Recent
efforts have included the following:

Date   Activity
January 1997   Request to EPA OSW to clarify the scope of F019
May 1997   Automotive meeting with EPA OSW
August 1997   Automotive industry reached agreement on additional
 information required by EPA
June 1998   Additional information submitted to EPA
October 1998   Data review with EPA OSW
January 1999   EPA OSW halted work on F019 due to budget cut backs
March 1999   Risk assessment conducted by the Aluminum Association
December 1999   Risk analysis presented to EPA OSW
March 2000   Risk analysis documentation submitted to EPA
April 2000   EPA OSW referred F019 matter to Region 5
June 2000   Automotive and aluminum companies meet with Region 5
August 2000   Region 5 rejects approach on QA/QC grounds
December 2000   Work underway with Michigan and Region 5 on
an                                     expedited delisting for F019 wastes
at automobile plants
December 2001   MOU between Michigan and Region 5 on expedited process
June 2003   Automotive industry contacted by EPA OSW about work on a
national solution to the F019 issue
July 30, 2003   Four GM and two Ford plants are delisted using the
expedited process
September 2003   Meeting in Detroit with EPA and automotive companies
December 2003   Meeting in Washington DC with EPA on national solution
April 22, 2005   EPA posts data and approach to F019 resolution on OSWER
website

Throughout the timeframe captured above there have been twelve automobile
and truck assembly plants that have gone through the process of delisting
their wastes being handled as F019. It is estimated that these delisting
efforts cost the automobile industry somewhere in the range of $600,000 –
$1,000,000 in petition preparation costs alone. It has also been estimated
that the total cost of the F019 issue to the automotive industry is in the
range of $1/ car produced at plants handling their wastes as F019.

Criteria for Listing a Hazardous Waste

The Administrator of EPA can list a solid waste as a hazardous waste only
upon determining that the solid waste meets one of the following criteria:
(1) It exhibits any of the characteristics of hazardous waste identified
in 40 CFR
   261 Subpart C.
(2) It has been found to be fatal to humans in low doses or, in the
absence of data
on human toxicity, it has been shown to be toxic in animal studies.
(3) It contains any of the toxic constituents listed in Appendix VIII and,
after considering the following factors, the Administrator concludes that
the waste is capable of posing a substantial present or potential hazard
to human health or the environment when improperly treated, stored,
transported or disposed of, or otherwise managed:
(i) The nature of the toxicity presented by the constituent.
(ii) The concentration of the constituent in the waste.
(iii) The potential of the constituent or any toxic degradation product of
the
   constituent to migrate from the waste into the environment under
   improper management scenarios.
(iv) The persistence of the constituent or any toxic degradation product
of the
   constituent.
(v) The potential for the constituent or any toxic degradation product of
the
constituent to degrade into non-harmful constituents and the rate of
degradation.
(vi) The degree to which the constituent or any degradation product of
the    constituent bioaccumulates in ecosystems.
(vii) The plausible types of improper management to which the waste could
be
   subjected.
(viii) The quantities of the waste generated at individual generation
sites or on a
   regional or national basis.
(ix) The nature and severity of the human health and environmental damage
that
   has occurred as a result of the improper management of wastes
   containing the constituent.
(x) Action taken by other governmental agencies or regulatory programs
based
   on the health or environmental hazard posed by the waste or waste
   constituent.
(xi) Such other factors as may be appropriate.

Criteria similar to these were originally used to generate the F019
listing. A legitimate question for EPA would be – Given the data available
to the Agency today from these thirteen datasets would the Agency have
concluded that the zinc phosphating of metal parts, including aluminum,
fall under the broad concern EPA had in 1980 for the waste category? GM
submits that the data show there is not an environmental concern presented
by these WWTP sludges and that the data show that the criteria listed
above are not met by any wastes managed as F019 at automobile plants.

Specific Issues Raised by EPA’s April 22, 2005 Data Release, Synthesis,
and Suggested Approach

GM has performed a preliminary review of the information released by EPA’s
Office of Solid Waste and posted on the OSWER website. We offer the
following observations:

1)   Due to the volume of information contained in the individual
petitions, then transcribed by EPA into a Lotus 1-2-3 format, and then
converted to a Microsoft Excel format GM was not given enough time to
adequately QA/QC the data. We would suggest that any subsequent postings
by EPA be presented in a more useable format and that adequate time be
given to perform a review of the information.
2)   EPA appears to have taken the approach that the initial list of
constituents of concern was derived by placing any chemical on the list
that was detected in any of the thirteen (13) petitions in either of the
total or TCLP fractions. This approach resulted in a list of fifty-five
(55) initial constituents of concern. As a practical matter, GM is
concerned that EPA continues to include delisting levels for total
constituent concentrations in delisting rules. Total concentrations of a
constituent in a waste do not indicate the waste’s potential to leach the
constituent in a landfill and have no scientific correlation with
environmental impacts.  GM finds it difficult to reconcile EPA’s initial
constituent list of fifty-five (55) chemicals with the original F019
listing  that focused on hexavalent chromium and complexed cyanide. For
this reason GM requests that EPA remove the following chemicals from the
initial list for assessment because they were not detected in any TCLP !
 fraction – acrolein, ally chloride, benzene, carbon disulfide,
chloroform, cis-1,2-dichloroethylene, di-n-Octyl phthalate, methyl
chloride, methyl isobutyl ketone, styrene, and tetrachloroethylene.
3)   GM is concerned that are that there are numerous compounds, beyond
those that should be removed due to the totals issue mentioned above, that
should not be on the list. For example:
a.    EPA is well aware of the issues surrounding acrylamide that emerged
during the expedited delisting effort in Region 5. It was subsequently
determined, after GM spent over one year and $20,000, that acrylamide is
not a constituent of concern at automobile and truck assembly plants. We
request that EPA remove acrylamide from the list at the outset of their
assessment.
b.   Arsenic has historically presented a delisting challenge because
facilities typically use EPA SW-846 Method 6010 to test for arsenic. This
method has been shown in several delisting petitions to produce results
that are two (2) to three (3) orders of magnitude higher than the true
values established by SW-846 6020. For this reason we request that arsenic
be removed from the list at the outset of the assessment.
c.   Due to the issues raised in comment #1 above GM has found it
difficult to thoroughly determine to what extent EPA has factored data
flags into their inclusion or exclusion of constituents of concern.
However, a symptom of our concern relates to the inclusion of DDT on the
initial list. A review of the original data for the Lansing petition
indicated that the maximum value cited by EPA in the database of 0.00045
mg/l by TCLP carried a data flag of “R” indicating that the result should
be rejected. GM requests that EPA remove DDT from the list and that EPA
only rely on data that carry appropriate data quality flags.
d.   EPA has included a number of chemicals on the initial list of
constituents of concern that although detected in the TCLP fraction are
not near a level of concern from a risk perspective. EPA in their April
22, 2005 data release was silent on the issue of how the list of detected
chemicals was going to screened, either prior to, or subsequent to a DRAS
assessment. GM suggests that any chemical not within two (2) orders of
magnitude of the concentration level of concern from the DRAS model not be
included for further analysis.
4)   GM is concerned that EPA intends to use data from 1988 to justify
choosing a thirty (30) year landfill life for use in running the DRAS
model. The landfill landscape today is much different than in 1988. GM’s
WWTP sludges are disposed in state-of-the-art, modern landfills that are
characterized by having liners and leachate collection systems.
Considering that most, if not all, of the delistings to date were the
result of risk assessments using something different than thirty (30)
years for the landfill life, GM requests that EPA comment on the impact of
using a thirty (30) year landfill life in the DRAS model, particularly as
it relates to the exit levels EPA is attempting to derive.
5)   EPA has given no indication as to how it will proceed from here –
e.g., how DRAS will be used to narrow the list of chemicals, what criteria
will be used to determine what’s on the final list, how plants who are
already delisted will be treated, how de minimus amounts of aluminum will
be handled, if facilities that do not use hexavalent chrome or cyanide
will be excluded, or whether phosphating on aluminum even occurs at
vehicle assembly facilities.
6)   GM’s final technical comment is offered as an alternative to the
apparent methodology EPA used to select the initial list of fifty-five
(55) constituents of concern. To aid in this analysis GM reviewed the
following final rules:
a.   GM Lake Orion, MI – Fed. Reg. 62(206): 55344-55348 – October 24, 1997
b.   GM Lansing Car Assembly, MI – Fed. Reg. 65(95): 31096-31100 – May 16,
2000
c.   BMW Greer, SC – Fed. Reg. 66(85):21877-21886 – May 2, 2001
d.   Nissan Smyrna, TN – Fed. Reg. 67(120):42187-42198 – June 21, 2002
e.   Ford Wayne, MI – Fed. Reg. 68(146): 44652-44659 – July 30, 2003
f.   Ford Wixom, MI - Fed. Reg. 68(146): 44652-44659 – July 30, 2003
g.   GM Flint, MI - Fed. Reg. 68(146): 44652-44659 – July 30, 2003
h.   GM Hamtramck, MI - Fed. Reg. 68(146): 44652-44659 – July 30, 2003
i.   GM Lansing Grand River, MI - Fed. Reg. 68(146): 44652-44659 – July
30, 2003
j.   GM Pontiac, MI - Fed. Reg. 68(146): 44652-44659 – July 30, 2003
k.   DaimlerChrysler Jefferson North, MI – Fed. Reg.  69(38): 8828-8833 –
February 26, 2004
l.   GM Lordstown, OH – Fed. Reg. 69(196): 60557-60560 – October 12, 2004
Each of the final rules above reflects a synthesis of extensive testing
performed by the petitioners. In some cases the starting point for
analyzing for constituents of concern was Appendix VIII   , Appendix IX
, a negotiated list like that used by EPA Region 5 with the Ford and GM
plants in 2003   and DaimlerChrysler in 2004 , or an alternative approach
used by BMW and approved by EPA Region 4. In the case of the
DaimlerChrysler, Ford, and GM plants delisted in 2003 and 2004, EPA used a
somewhat similar process to that envisioned here to arrive at a list of
constituents of concern. GM proposes that EPA use the knowledge gained in
these previous delistings to guide and focus the list of constituents of
concern in the proposed rulemaking. For example, with the exception of the
delisting for GM’s Lansing Car Assembly plant in 2000 the number of
constituents of concern tested for in the verification testing, conducted
subsequent to being delisted, has ranged from a low of 6 a!
 t BMW to a high of 15 at DaimlerChrysler and GM’s Hamtramck. In essence,
these chemicals listed in each facility’s final rule represent EPA’s
assessment of the constituents of concern.
GM suggests that rather than taking the approach that “if it’s detected it’
s on the list” EPA start with a list of chemicals that reflects the
accumulated knowledge gained from the risk assessments conducted to
generate the final rules for these twelve (12) plants.

In conclusion, GM appreciates the opportunity to comment on EPA’s efforts
to develop a solution to the F019 problem for the automotive industry. We
note that in EPA’s most recent Semi-Annual Regulatory Agenda   that EPA is
projecting an action date of April 2006 for the publication of a Notice of
Proposed Rulemaking. We would urge EPA to expedite the resolution of this
issue as much as possible due to the ongoing costs associated with wastes
managed as hazardous waste code F019.

If you have any questions regarding our comments please do not hesitate to
contact me at<PHONE_NUMBER> or via email at<EMAIL_ADDRESS>

Sincerely,

  /s/
William R. Miller III, Ph.D.
General Motors Technical Fellow

cc:  VIA EMail
   Terry Behrman – Alliance of Automobile Manufacturers
   Gary Crouth – Alcoa
   José Cruz – GM WFG Env. Services
Michelle Fisher, Esq. – GM Legal Staff
   Bob Streiter – Aluminum Assoc.
   Lenora Strohm – GM WFG Env. Services
Steve Tomaszewski – GM WFG Env. Services
   Todd Williams – GM WFG Utilities Services

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[Federal Register Volume 85, Number 179 (Tuesday, September 15, 2020)]
[Notices]
[Page 57217]
[FR Doc No: 2020-20329]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2020-N-1153]

Post-Marketing Pediatric-Focused Product Safety Reviews;
Establishment of a Public Docket; Request for Comments; Correction

AGENCY: Food and Drug Administration, Health and Human Services (HHS).

ACTION: Notice; correction.

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

SUMMARY: The Food and Drug Administration (FDA) is correcting a notice
that appeared in the Federal Register of September 2, 2020. The
document announced the availability of post-marketing pediatric-focused
safety reviews of products posted between September 23, 2019, and
September 1, 2020, on FDA's website but not presented at the September
15, 2020, Pediatric Advisory Committee meeting. The document was
published with the incorrect product name for one of the post-marketing
pediatric-focused safety reviews listed under Center for Biologics
Evaluation and Research. This document corrects that error.

FOR FURTHER INFORMATION CONTACT: Marieann Brill, Office of the
Commissioner, Food and Drug Administration, 10903 New Hampshire Ave.,
Bldg. 32, Rm. 5154, Silver Spring, MD 20993,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Correction

    In the Federal Register of September 2, 2020 (85 FR 54580),
appearing on page 54580 in FR Doc. 2020-19835, the following correction
is made:
    On page 54581, in the first column, under Center for Biologics
Evaluation and Research, ``9. QPAN H5N1 Vaccine (Influenza A (H5N1)
virus monovalent vaccine, adjuvanted)'' is corrected to read ``9.
Influenza A (H5N1) Virus Monovalent Vaccine, Adjuvanted.''

    Dated: September 9, 2020.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2020-20329 Filed 9-14-20; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register: November 13, 2008 (Volume 73, Number 220)]
[Rules and Regulations]
[Page 67107-67109]
[DOCID:fr13no08-5]

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

40 CFR Part 49

[EPA-RO9-OAR-2006-0184; FRL-8739-7]

Stay of Effectiveness of Control Measure Regulating Dust
Emissions at the Four Corners Power Plant; Navajo Nation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is taking final action to stay the effectiveness of a
control measure regulating dust emissions from certain operations that
we promulgated in our Federal Implementation Plan for the Four Corners
Power Plant located on the Navajo Nation. The control measure would
take effect on November 5, 2008. On October 1, 2007, Arizona Public
Service Company filed a Petition for Review claiming, inter alia, that
EPA had not provided an adequate explanation for promulgating the
control measure. In the litigation, EPA has agreed that the control
measure should be remanded and vacated. EPA needs to complete this
action staying the effectiveness of the control measure until the Court
rules on the Petition, including the Petitioner's and EPA's requests to
remand and vacate the control measure.

DATES: The stay to 40 CFR 49.23(d)(3) is effective on November 13, 2008
until further notice. The EPA will publish a document in the Federal
Register announcing that the stay is lifted.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-RO9-OAR-2006-0184. All documents in the docket are listed in
the Federal Docket Management System index at www.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 electronically
though www.regulations.gov or in hard copy at the Air and Radiation
Docket, EPA West Building, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC 20460. The 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 Public Reading Room is<PHONE_NUMBER> and the
telephone number for the Air and Radiation Docket is<PHONE_NUMBER>.
You can inspect a copy of the docket at our Region IX office during
normal business hours by appointment. The address is: Planning Office
(AIR-2), Air Division, U.S. Environmental Protection Agency, Region IX,
75 Hawthorne Street, San Francisco, CA 94105.

FOR FURTHER INFORMATION CONTACT: Steve Frey, EPA Region IX, (415) 972-
3990 or<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:  Throughout this document, ``we,'' ``us''
and ``our'' refer to EPA.

I. Overview

    On May 7, 2007 (72 FR 25698), we published a Source-Specific
Federal Implementation Plan for Four Corners Power Plant; Navajo Nation
(hereinafter ``FIP''). The operator and partial owner of the Four
Corners Power Plant is the Arizona Public Service Company (``APS'').
One provision of the FIP regulated dust emissions at the power plant's
coal handling and storage operations, flyash handling and storage and
road sweeping activities, as follows: ``Within 548 days of promulgation
of this section each owner or operator shall not emit dust with an
opacity greater than 20 percent from any crusher, grinding mill,
screening operation, belt conveyor, or truck loading or unloading
operation.'' 72 FR 25705, codified at 40 CFR 49.23(d)(3)(hereinafter
``dust control measure'').
    APS filed a timely Petition for Review of the FIP challenging,
inter alia, EPA's basis for requiring compliance with the dust control
measure. Arizona Public Service Company v. EPA et al., Case No. 07-
9546, (10th Cir., Oct. 1, 2007). Sierra Club requested and was granted
leave to intervene in the case. All parties have filed their briefs
regarding the Petition and the Court has heard oral argument from the
parties. The Court has not issued any decision in the matter.
    EPA, however, has taken the position in the litigation by APS that
it would be appropriate for the Court to remand and vacate the dust
control measure. In its brief, EPA has advised the Court that the FIP
did not contain an adequate explanation of its rationale for imposing
the dust control measure. The Court has not ruled on the case. EPA,
therefore, considers it appropriate to stay the effectiveness of the
dust control measure pending the outcome of the litigation.
    EPA believes that this rulemaking qualifies for the ``good cause''
exemption under the Administrative Procedures Act (``APA''). 5 U.S.C.
553(b)(3). EPA has determined that prior proposal and opportunity for
comment are impracticable and unnecessary because the public is not
likely to be particularly interested, and notice and opportunity for
comment were previously provided when EPA promulgated the dust control
measure. (See 72 FR at 25705 (May 7, 2007).) EPA also believes that
this rulemaking qualifies for the ``good cause'' exemption to make the
rule effective immediately under Section 553(d) because it is a
relaxation of a restriction by staying the implementation of the dust
control measure. 5 U.S.C. 553(d). EPA has also found that consistent
with 5 U.S.C. 705, it is in the interest of justice to postpone the
effective date of the dust control measure pending the Court's decision
in Arizona Public Service v. EPA. All of the remaining provisions of
the FIP remain in place and effective.

II. Statutory and Executive Order Reviews

    This action stays a federal control measure and imposes no
additional requirements.
    This rule is not a ``significant regulatory action'' under the
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993), and
therefore is not subject to review under the EO.
    This action is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
significant regulatory action under Executive Order 12866.
    This final rule is not subject to the Regulatory Flexibility Act
(RFA), which generally requires an agency to prepare a regulatory
flexibility analysis for any rule that will have a significant economic
impact on a substantial number of small entities. The RFA applies only
to rules subject to notice and comment rulemaking requirements under
the Administrative Procedure Act (APA) or any other statute. This rule
is not subject to notice and comment requirements under the APA or any
other statute because although the rule is subject to the APA, the
Agency has invoked the ``good cause'' exemption under 5 U.S.C 553(b),
therefore it is not subject to the notice and comment requirement.
    This rule contains no Federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 for State, local, or tribal governments or the private
sector. The action imposes no enforceable duty on any State, local, or
tribal governments or the private sector. Therefore, this action is not
subject to the requirements of sections 202 or 205 of the UMRA. This
action is also not subject to the requirements of section 203 of the
UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments.
    This rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000). It will 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. Thus, Executive Order 13175 does not
apply to this action.
    This action does not have Federalism implications because it does
not 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,
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999).
    This rule is not subject to Executive Order 13045, ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
1985, April 23, 1997), because it has not been determined to be
economically significant as defined under Executive Order 12866 and
because it does not establish an environmental standard intended to
mitigate health or safety risks.
    The requirements of section 12(d) of the National Technology
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply
to this rule because this action does not involve technical standards.
    This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction

Act, 44 U.S.C. 3501 et seq. Burden is defined at 5 CFR 1320.3(b).
    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 to Congress and the Comptroller
General. However, section 808 provides that any rule for which the
issuing agency for good cause finds that notice and public procedure
thereon are impracticable, unnecessary, or contrary to the public
interest, shall take effect at such time as the agency promulgating the
rule determines. 5 U.S.C. 808(2). EPA has made such a good cause
finding, including the reasons therefore, and established an effective
date of November 13, 2008. 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 the rule in the Federal Register. A major rule
cannot take effect until 60 days after it is published in the Federal
Register. This rule 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. Filing a petition for reconsideration by the
Administrator of this final rule does not affect the finality of this
rule for the purpose of judicial review nor does it extend the time
within which petitions 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 49

    Environmental protection, Administrative practice and procedure,
Air pollution control, Indians, Intergovernmental relations, Reporting
and recordkeeping requirements.

    Dated: November 5, 2008.
Stephen L. Johnson,
Administrator.

0
40 CFR Part 49 is amended as follows:

PART 49--[AMENDED]

0
1. The authority citation for part 49 continues to read as follows:

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

Sec.  49.23  [Amended]

0
2. In Sec.  49.23, paragraph (d)(3) is stayed until further notice.

 [FR Doc. E8-26842 Filed 11-12-08; 8:45 am]

BILLING CODE 6560-50-P


process or use the substance that generates an aerosol or mist. It is a
significant new use to exceed the confidential annual production volume
stated in the PMN.
    (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) though (c) and (i), are applicable to manufacturers
and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.
    (3) Determining whether a specific use is subject to this section.
The provisions of Sec.  721.1725(b)(1) apply to paragraph (a)(2)(ii) of
this section.

Sec.  721.11288   Benzene, 1-(chloromethyl)-3-methyl-.

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as benzene, 1-
(chloromethyl)-3-methyl- (P-18-134, CAS No. 620-19-9) 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) Protection in the workplace. Requirements, as specified in
Sec.  721.63(a)(1), (a)(2)(i) and (iii), and (a)(3) through (5)
(respirators must provide a National Institute for Occupational Safety
and Health (NIOSH) assigned protection factor (APF) of at least 1000),
When determining which persons are reasonably likely to be exposed as
required for Sec.  721.63(a)(1) and (4), engineering control measures
(e.g., enclosure or confinement of the operation, general and local
ventilation) or administrative control measures (e.g., workplace
policies and procedures) shall be considered and implemented to prevent
exposure, where feasible, (a)(6)(v) and (vi), (particulate),
(combination gas/vapor and particulate), (b)(concentration set at
0.1%), and (c).
    (ii) Hazard communication. Requirements, as specified in Sec.
721.72(a) through (d), (e) (concentration set at 0.1%), (f), (g)(1)(i),
(iii), (vi), (vii), and (ix), (respiratory irritation), (severe skin
burns and eye damage), (sensitization (respiratory and dermal)),
(serious eye irritation), (g)(2)(i), (ii), (iii), (iv), and (v), (g)(3)
and (ii), (g)(4)(iii), and (g)(5). Alternative hazard and warning
statements that meet the criteria of the Globally Harmonized System and
OSHA Hazard Communication Standard may be used.
    (iii) Industrial, Commercial, and consumer activities.
Requirements, as specified in Sec.  721.80(k). It is a significant new
use to vary the process or use methods described in the PMN such that
occupational exposure is increased; and
    (iv) Release to water. Requirements, as specified in Sec.
721.90(a)(1), (b)(1), and (c)(1).
    (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 (i) and (k), are applicable to manufacturers
and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.
    (3) Determining whether a specific use is subject to this section.
The provisions of Sec.  721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.

Sec.  721.11289   1-Butanaminium,N,N,N-tributyl-,2(or 5)-
[[benzoyldihydrodioxo [(sulfophenyl) amino]heteropolycycle]oxy]-5(or
2)-(1,1-dimethylpropyl)benzenesulfonate (2:1) (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as 1-
butanaminium,N,N,N-tributyl-,2(or 5)- [[benzoyldihydrodioxo
[(sulfophenyl) amino]heteropolycycle]oxy]-5(or 2)-(1,1-
dimethylpropyl)benzenesulfonate (2:1) (PMN P-18-136) 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 substance if it
results in inhalation exposure.
    (ii) Release to water. Requirements, as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N = 19.
    (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) though (c) and (i) and (k), are applicable to
manufacturers and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

Sec.  721.11290   Alkylsilsesquioxane, ethoxy-terminated (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
alkylsilsesquioxane, ethoxy-terminated (PMN P-18-137) 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 substance in any
manner resulting in inhalation exposures.
    (ii) Release to water. Requirements, as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N = 58.
    (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) and (k), are applicable to
manufacturers and processors of this substance.

    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

Sec.  721.11291   Polythioether, short chain diol polymer terminated
with aliphatic diisocyanate (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
polythioether, short chain diol polymer terminated with aliphatic
diisocyanate (PMN P-18-219) 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 the PMN substance with molecular
weight greater than 10,000 daltons. It is a significant new use to
manufacture the PMN substance with, free isocyanate residuals greater
than 0.01% by weight.
    (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) though (c) and (i), are applicable to manufacturers
and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

Sec.  721.11292   Alkenoic acid, polymer with alkenylcarbomonocycle,
[alkanediylbis(substituted alkylene)] bis[heteromonocycle] and
(alkylalkenyl) aromatic, salt (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
alkenoic acid, polymer with alkenylcarbomonocycle, [alkanediylbis
(substituted alkylene)] bis[heteromonocycle] and (alkylalkenyl)
aromatic, salt (PMN P-18-224) 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 substance in any
manner resulting in inhalation exposures. It is a significant new use
to manufacture the substance to contain an acid content greater than
20% by weight.
    (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) though (c) and (i), are applicable to manufacturers
and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

Sec.  721.11293   Alkenoic acid, polymer with substituted alkyloxirane,
alkenylcarbomonocycle, alkyl substituted alkyl alkanediol and
(alkylalkenyl) aromatic salt (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
alkenoic acid, polymer with substituted alkyloxirane,
alkenylcarbomonocycle, alkyl substituted alkyl alkanediol and
(alkylalkenyl) aromatic salt (PMN P-18-225) 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. It is a significant new use to
manufacture, process or use the substance in any manner resulting in
inhalation exposures. It is a significant new use to manufacture the
substance to contain an acid content greater than 20% by weight.
    (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) though (c) and (i), are applicable to manufacturers
and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

Sec.  721.11294   Alkyl alkenoic acid, alkyl ester, telomer with
alkylthiol, substituted carbomonocycle, substituted alkyl alkyl
alkenoate and hydroxyalkyl alkenoate, tertbutyl alkyl peroxoate-
initiated, (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as alkyl
alkenoic acid, alkyl ester, telomer with alkylthiol, substituted
carbomonocycle, substituted alkyl alkyl alkenoate and hydroxyalkyl
alkenoate, tertbutyl alkyl peroxoate-initiated (PMN P-18-233) 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(w)(2).
    (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) though (c) and (i), are applicable to manufacturers
and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

Sec.  721.11295   Substituted heteromonocycle, polymer with substituted
alkanediol and diisocyanate substituted carbomonocyle, alkylene glycol
acrylate-blocked (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance generically identified as
substituted heteromonocycle, polymer with substituted alkanediol and
diisocyanate substituted carbomonocyle, alkylene glycol acrylate-
blocked (PMN P-18-279) 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) Protection in the workplace. Requirements, as specified in
Sec.  721.63(a)(1) (only persons subject to inhalation exposure from
spray application are subject to these requirements), (4), engineering
control measures (e.g., enclosure or confinement of the operation,
general and local ventilation) or administrative control measures
(e.g., workplace policies and procedures) shall be considered and
implemented to prevent exposure, where feasible, and (5) (respirator
must provide a National Institute for Occupational Safety and Health
(NIOSH) assigned protection factor (APF) of at least 1,000).
    (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) though (d), are applicable to manufacturers and
processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

PART 725--REPORTING REQUIREMENTS AND REVIEW PROCESSES FOR
MICROORGANISMS

0
3. The authority citation for part 725 continues to read as follows:

    Authority: 15 U.S.C. 2604, 2607, 2613, and 2625(c).

0
 4. Add Sec.  725.1079 to subpart M to read as follows:

Sec.  725.1079   Arsenic detecting strain of E. coli with extra-
chromosomal elements, including an intergeneric screening marker
(generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as Arsenic
detecting strain of E. coli with extra-chromosomal elements, including
an intergeneric screening marker (MCAN J-18-41) 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(f). It is a significant new use to use the
microorganism other than to detect arsenic in small water samples.
    (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) though (c) and (i), are applicable to manufacturers
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. 2019-13989 Filed 7-30-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 138 (Thursday, July 20, 2017)]
[Notices]
[Pages 33546-33547]
[FR Doc No: 2017-15254]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2017-0016; Notice 1]

Mack Trucks, Inc., Receipt of Petition for Decision of
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Receipt of petition.

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SUMMARY: Mack Trucks, Inc. (MTI), has determined that certain model
year (MY) 2017 Mack heavy duty trucks do not fully comply with Federal
Motor Vehicle Safety Standard (FMVSS) No. 120, Tire selection and rims
and motor home/recreation vehicle trailer load carrying capacity
information for motor vehicles with a GVWR of more than 4,536 kilograms
(10,000 pounds). MTI filed a noncompliance information report dated
February 9, 2017. MTI also petitioned NHTSA on February 28, 2017, and
revised its petition on April 29, 2017, for a decision that the subject
noncompliance is inconsequential as it relates to motor vehicle safety.

DATES: The closing date for comments on the petition is August 21,
2017.

ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited in the title of this notice and
submitted by any of the following methods:
     Mail: Send comments by mail addressed to U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver comments by hand to U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. The
Docket Section is open on weekdays from 10 a.m. to 5 p.m. except
Federal Holidays.
     Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) Web site at https://www.regulations.gov/. Follow the online instructions for submitting
comments.
     Comments may also be faxed to<PHONE_NUMBER>.
    Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that comments you have submitted by mail were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to https://www.regulations.gov, including any personal information
provided.
    All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
    When the petition is granted or denied, notice of the decision will
also be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
    All comments, background documentation, and supporting materials
submitted to the docket may be viewed by anyone at the address and
times given above. The documents may also be viewed on the Internet at
https://www.regulations.gov by following the online instructions for
accessing the dockets. The docket ID number for this petition is shown
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000, (65 FR 19477-78).

SUPPLEMENTARY INFORMATION:
    I. Overview: Mack Trucks, Inc. (MTI), has determined that certain
model year (MY) 2017 Mack heavy duty trucks do not fully comply with
paragraph S5.2(b) of Federal Motor Vehicle Safety Standard (FMVSS) No.
120, Tire selection and rims and motor home/recreation vehicle trailer
load carrying capacity information for motor vehicles with a GVWR of
more than 4,536 kilograms (10,000 pounds). MTI filed a noncompliance
report dated February 9, 2017, pursuant to 49 CFR part 573, Defect and
Noncompliance

Responsibility and Reports. MTI also petitioned NHTSA on February 28,
2017, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556,
and revised its petition on April 29, 2017, to obtain an exemption from
the notification and remedy requirements of 49 U.S.C. Chapter 301 on
the basis that this noncompliance is inconsequential as it relates to
motor vehicle safety.
    This notice of receipt of MTI's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any agency decision or
other exercise of judgment concerning the merits of the petition.
    II. Vehicles Involved: Approximately 226 MY 2017 Mack Pinnacle,
Granite, TerraPro and LR heavy duty trucks, manufactured between August
15, 2016, and December 12, 2016, are potentially involved.
    III. Noncompliance: MTI explains that the noncompliance is that the
wheels on the subject vehicles incorrectly identify the rim size as
24.5'' x 8.25'' instead of 22.5'' x 8.25'', and therefore do not meet
the requirements of paragraph S5.2(b) of FMVSS No. 120. Specifically,
the marking error overstates the wheel diameter by 2''.
    IV. Rule Text: Paragraph S5.2 of FMVSS No. 120 states:

    S5.2 Rim marking. Each rim or, at the option of the manufacturer
in the case of a single-piece wheel, wheel disc shall be marked with
the information listed in paragraphs (a) through (e) of this
paragraph, in lettering not less than 3 millimeters high, impressed
to a depth or, at the option of the manufacturer, embossed to a
height of not less than 0.125 millimeters. . .
    (b) The rim size designation, and in case of multipiece rims,
the rim type designation. For example: 20 x 5.50, or 20 x 5.5.

    V. Summary of MTI's Petition: MTI described the subject
noncompliance and stated its belief that the noncompliance is
inconsequential as it relates to motor vehicle safety.
    In support of its petition, MTI referenced a letter to NHTSA, dated
December 5, 2016, from Arconic Wheel and Transportation Products
(Arconic), which is the rim manufacturer, and provided the following:
    1. A 24.5'' tire will not seat on the rim; therefore, if someone
tries to mount a 24.5'' tire to the rim, it will not hold air and
therefore cannot be inflated.
    2. When tires are replaced, the technician will select the tire
based on the size and rating of the tire being replaced. When Mack
manufactured the vehicle, the tire used was a 22.5'' (i.e., the correct
size for the rim). Therefore, the tires installed by Mack have the
correct size on the sidewall of the tire.
    3. Mack is required to list the tires size and inflation pressures
on the certification label as required by 49 CFR 567. The information
printed on the label is the correct size, a 22.5'' tire and reflects
the tires that were installed when manufactured. The certification
label is located inside the driver's door and can be easily accessed by
the tire installer.
    MTI concluded by expressing the belief that the subject
noncompliance is inconsequential as it relates to motor vehicle safety,
and that its petition to be exempted from providing notification of the
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the
noncompliance, as required by 49 U.S.C. 30120, should be granted.
    To view MTI's petition analyses in its entirety you can visit
https://www.regulations.gov by following the online instructions for
accessing the dockets and by using the docket ID number for this
petition shown in the heading of this notice.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, any decision on
this petition only applies to the subject vehicles that MTI no longer
controlled at the time it determined that the noncompliance existed.
However, any decision on this petition does not relieve vehicle
distributors and dealers of the prohibitions on the sale, offer for
sale, or introduction or delivery for introduction into interstate
commerce of the noncompliant vehicles under their control after MTI
notified them that the subject noncompliance existed.

    Authority:  49 U.S.C. 30118, 30120: delegations of authority at
49 CFR 1.95 and 501.8.

Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2017-15254 Filed 7-19-17; 8:45 am]
 BILLING CODE 4910-59-P