[Federal Register: October 17, 2007 (Volume 72, Number 200)]
[Rules and Regulations]
[Page 58758-58759]
[DOCID:fr17oc07-6]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD01-07-135]

Drawbridge Operation Regulations; Lake Champlain, North Hero and
Grand Isle, VT

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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SUMMARY: The Commander, First Coast Guard District, has issued a
temporary deviation from the regulation governing the operation of the
US2 Bridge across Lake Champlain, mile 91.8, between North Hero Island
and Grande Isle (South Hero Island), Vermont. Under this temporary
deviation the US2 Bridge may remain in the closed position from October
22, 2007 through February 1, 2008. Vessels that can pass under the draw
without a bridge opening may do so at all times. This deviation is
necessary to facilitate bridge rehabilitation construction.

DATES: This deviation is effective from October 22, 2007 through
February 1, 2008.

ADDRESSES: Materials referred to in this document are available for
inspection or copying at the First Coast Guard District, Bridge Branch
Office, 408 Atlantic Avenue, Boston, Massachusetts, 02110, between 7
a.m. and 3 p.m., Monday through Friday, except Federal holidays. The
telephone number is<PHONE_NUMBER>. The First Coast Guard District
Bridge Branch Office maintains the public docket for this temporary
deviation.

FOR FURTHER INFORMATION CONTACT: John McDonald, Project Officer, First
Coast Guard District, at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The US2 Bridge, across Lake Champlain, mile
91.8, between North Hero Island and Grand Isle (South Hero Island),
Vermont, has a vertical clearance in the closed position of 13 feet at
mean high lake elevation and 16 feet at mean low lake elevation. The
existing drawbridge operation regulations are listed at 33 CFR
117.993(b).
    The owner of the bridge, the Vermont Agency of Transportation
(VTrans), requested a temporary deviation to facilitate rehabilitation
repairs at the bridge.
    Under this temporary deviation, in effect from October 22, 2007
through February 1, 2008, the US2 Bridge need not open for the passage
of vessel traffic.
    The US2 Bridge rarely opens during the time period this temporary
deviation will be in effect. Vessels that can pass under the bridge
without a bridge opening may do so at all times.
    In accordance with 33 CFR 117.35(e), the bridge must return to its
regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.
    Should the bridge maintenance authorized by this temporary
deviation be completed before the end of the effective period published
in this notice, the Coast Guard will rescind the remainder of this
temporary deviation, and the bridge shall be returned to its normal
operation schedule. Notice of the above action shall be provided to the
public in the Local Notice to Mariners and the Federal Register, where
practicable.

    Dated: October 4, 2007.
Gary Kassof,
Bridge Program Manager, First Coast Guard District.
 [FR Doc. E7-20482 Filed 10-16-07; 8:45 am]

BILLING CODE 4910-15-P


                                  MEMORANDUM

Tetra Tech, Inc.
10306 Eaton Place, Suite 340
Fairfax, VA 22030
phone<PHONE_NUMBER>
fax<PHONE_NUMBER>

TO:			Paul Shriner and Lisa Biddle, EPA
FROM:		John Sunda, Tetra Tech
DATE: 		June 21, 2012

SUBJECT:		Review of EPA Estimates for Traveling Screen Capital Costs

This memo provides a comparison of reported capital costs for replacement of traveling screens against estimated costs developed with the EPA cost technology modules that are incorporated into the cost tool.  During EPA's 2009 visits to several power plants in EPA Region VII, EPA obtained reported total capital costs for the entire replacement of traveling screens at intakes at the Cooper nuclear power plant and the Labadie coal-fired power plant. Both plants withdraw water from the Missouri River, which carries a high amount of sand and sediment resulting in a high degree of wear and tear on the traveling screens.  In the case of Cooper, the installation involved the conversion from single-entry single-exit (through flow) traveling screens to double-entry single-exit (dual flow) traveling screens. This conversion was performed to help reduce the frequency of condenser backwash and cleaning maintenance that resulted from excessive debris carryover on the through flow traveling screens.  The construction company that designed, built and delivered the dual flow traveling screens stated in a scope of work that "these screens were the first travelling screens designed to both minimize the owners' downtime, and also have the ability to minimize damage to both juvenile and adult fish" (Rand Construction 2006).  EPA did not actually visit this site and it is not clear to what extent these screens include Ristroph-type features but it is apparent from the description that some features may be included. The new traveling screens at Labadie did not include Ristroph features but the purchased screens were described as being designed to allow for an easy retrofit to incorporate Ristroph modifications.

In order to compare the costs of these projects to the EPA estimates, an estimate of the relative costs of conventional and modified Ristroph screens is required. A traveling screen vendor was contacted and reported that the increase in cost between a conventional traveling screen and a modified Ristroph traveling screen of the same dimensions and mesh size would be around 24% to 26% for screens where the spray wash and debris return on the original screen are on the downstream (descending) side of the screen. The increase would be around 30% for a screen with the original debris return on the upstream (ascending) side due to the need for a taller screen (Gathright 2012). Approximately 30% to 45% of existing traveling screens have the debris return on the upstream side.

Most facilities do not account for traveling screen O&M costs separately, so data for an O&M cost comparison is not available.  Table 1 below summarizes pertinent intake design and cost data provided for the Labadie and Cooper facilities.

                                    Table 1
             Intake Design and Cost Data Provided by Each Facility
                                     Plant
                               Design Flow (gpm)
                               Number of Screens
                               Screen Width (ft)
                                  Screen Type
                                 Capital Cost
                                  Labadie, MO
                                    856,250
                                       8
                                      10
                    3/8 inch Through-flow Traveling Screen
                                  $2,800,000
                              Cooper Nuclear, NE
                                    669,444
                                       9
                                      10
                      3/8 inch Dual Flow Traveling Screen
                                  $6,000,000
gpm  -  gallons per minute
ft  -  feet

In order to estimate comparable total capital costs using the EPA cost methodology, the total screen width and screen well depth must be estimated.  Screen well depth was not provided but at two other plants visited by EPA on the Missouri River (North Omaha and Nebraska City), traveling screen design schematics were provided that indicated the screen well depths at these two plants ranged from 46 feet (ft) to 49 ft and screen widths were 10 ft.  Thus, the 50 ft screen well depth option in EPA's cost methodology is a good fit for comparable cost estimation. For the Cooper facility, 3/8 inch mesh dual flow traveling screens replaced existing through-flow screens, which is comparable to the technology in Cost Module 11.  The Labadie plant reported they installed 3/8 inch standard through-flow traveling screens, which is comparable to the technology in Cost Module 1.

As documented in the TDD for the final rule, a review of the cost data suggests that the proposal cost estimates for traveling screens may represent easier retrofit situations and that in some situations there may be additional costs such as electrical/instrumentation and instances where modification to the screen house and other infrastructure may be necessary. Based on the data provided here and best professional judgement (BPJ), EPA concluded that a 20% increase in the traveling screen component would provide a cost estimate that is more reflective of the wider range of costs represented by the example provided here. As described in the final TDD EPA also increased the cost estimate for the fish return components by 100%. Table 2 presents a comparison of the screen replacement costs reported by the facilities to the EPA capital cost estimates for the proposed and final rules.

                                    Table 2
Comparison of Reported Cost of Traveling Screen Replacement to Comparable EPA Cost Module Capital Cost Estimate and Cost Module Design Basis
                                     Plant
                 Reported Screen Replace-ment Capital Cost[1]

              EPA Estimated Capital Cost Estimate (2009 Dollars)
                          EPA Cost Estimate Basis[2]

                                   Proposal
                                   Final[3]
                                 Type of Plant
                                  Cost Module
                            Total Screen Width (ft)
                              Regional Factor[4]
                                  Labadie, MO
                                  $2,800,000
                                  $3,300,000
                                  $4,100,000
                                  Non-nuclear
                                       1
                                      80
                                     1.054
                              Cooper Nuclear, NE
                                  $6,000,000
                                  $6,300,000
                                  $7,900,000
                                    Nuclear
                                      11
                                      90
                                     0.847
1 Costs do not include fish return, added spray water pumps, or certain Ristroph features.
[2] Screen well depth is assumed to be 50 ft and costs are adjusted to February 2009 Dollars.
3 Traveling screen upgrade capital cost estimates were increased from proposal including a 20% increase for the screens and a 100% increase for the fish return components.
4 Regional cost factors that account for regional variations from the national average in construction and materials costs were developed from ENR data for Phase II.

The EPA proposed rule capital cost estimates were very close in value to the reported estimates but the EPA costs included the full suite of modified Ristroph features plus the fish return spray pumps piping and fish return flume. This, along with several public comments to the proposed rule stating that Ristroph traveling screen costs were underestimated, prompted a re-evaluation of traveling screen costs and the final rule revisions.

The EPA final rule cost estimates are 30% higher for the Cooper Nuclear plant where there are indications that some Ristroph features may already be present. Thus, this extra 30% should be sufficient to cover the spray water pumps and fish return trough not included in the reported facility costs.

The EPA final rule cost estimates for the Labadie plant are 46% higher than the reported facility cost for screen replacement. Therefore, the EPA cost estimate is clearly sufficient to include the cost of the estimated 24% to 30% for Ristroph features plus additional money to cover the spray water pumps and fish return flume. As indicated in the site visit report for Labadie, facility personnel estimated that an upgrade of the existing screens to modified Ristroph traveling screens would have cost $4 million which is nearly equal to the revised final rule estimate (DCN 10-6532).

These examples confirm that the BPJ adjustment factors of 20% for traveling screens and 100% for fish returns used to revise the capital cost estimates for traveling screens used in the final rule are representative of reported facility costs.

References

Rand Construction Co. Dual Flow Conversion. Cooper Nuclear Station. Brownsville, NE. Scope of Work. Completed January 2006. Accessed May 24, 2012 website: http://www.randsc.com/industrial_dual.html#

Gathright, Trent, Ovivo. Telephone Contact Report with John Sunda, Tetra Tech. Regarding relative capital costs of conventional and modified Ristroph traveling screens. May 24, 2012. DCN 12-6653.

Site Visit Report. Labadie Power Plant. DCN 10-6532.

Site Description Report. Cooper Nuclear Power Plant. DCN 10-6522.


EPA REGISTRATION DIVISION - COMPANY NOTICE OF FILING FOR PESTICIDE PETITION

Docket ID Number: EPA-HQ-OPP-2016-0013

EPA Registration Division Contact: Sidney Jackson,<PHONE_NUMBER>

Interregional Research Project Number 4 (IR-4)

Pesticide Petition Number: 5E8428

	EPA has received a pesticide petition (PP# 5E8428) from IR-4 Project Headquarters, 500 College Road East, Suite 201W, Princeton, New Jersey, 08540, proposing, pursuant to section 408(d) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(d), to amend 40 CFR part 180 by establishing a tolerance for residues of the combined residues of the insecticide flonicamid [N-(cyanomethyl)-4-trifluoromethyl)-3-pyridinecarboxamide (CA) or N-cyanomethyl-4-trifluoromethylnicotinamide (IUPAC)] and its metabolites, TFNA [4-trifluoromethylnicotinic acid], TFNA-AM [4-trifluoromethylnicotinamide] and TFNG [N-(4-trifluoromethylnicotinoyl)-glycine] in or on the raw agricultural commodities Vegetable, legume, edible podded, subgroup 6A at 4.0 parts per million (ppm), Pea and bean, succulent shelled, subgroup 6B at 6.0 parts ppm, Pea and bean, dried shelled, except soybean, subgroup 6C at 3.0 ppm, and Vegetable, fruiting, group 8-10 at 1.50 ppm (revision of established tolerance of 0.40 ppm). EPA has determined that the petition contains data or information regarding the elements set forth in section 408 (d)(2) of  FDDCA; however, EPA has not fully evaluated the sufficiency of the submitted data at this time or whether the data support granting of the petition. Additional data may be needed before EPA rules on the petition.

A. Residue Chemistry                                        	1. Plant metabolism. Wheat, potato and peach metabolism studies were conducted using [14C]-pyridyl-flonicamid.  The metabolic profile was similar for all three matrices.  The major metabolites for the various crops were:  TFNA in peach, TFNA and TFNG in potato and TFNG in wheat. The metabolism of flonicamid in plants shows the main pathway of metabolism involves hydrolysis of -CN and BCONH2 functional groups in the molecule.  The metabolism of flonicamid in plants is well understood.

              	2. Analytical method. Analytical methodology has been developed to determine the residues of flonicamid and its three major plant metabolites, TFNA, TFNG, and TFNA-AM in various crops.   The residue analytical method for the majority of crops includes an initial extraction with acetonitrile (ACN)/deionized (DI) water, followed by a liquid-liquid partition with ethyl acetate.  The residue method for wheat straw is similar, except that a C18 solid phase extraction (SPE) is added prior to the liquid-liquid partition.  The final sample solution is quantitated using a liquid chromatograph (LC) equipped with a reverse phase column and a triple quadruple mass spectrometer (MS/MS).        	3. Magnitude of residues. Residue data were collected on edible podded and succulent shelled peas and beans, and dry shelled peas and beans during field trials (total of 12 dry shelled bean field trials, 5 dry pea field trials, 6 lima bean field trials, 7 snap bean field trials, and 13 edible podded and succulent pea field trials). Maximum total residues ranged from <0.08 to 1.2881 parts per million (ppm) in dry bean samples, 0.1208 to 0.9192 ppm in lima bean samples, 0.4542 to 1.3677 ppm in dry pea samples, 0.6543 to 1.420 ppm in snap bean samples, 0.356 to 2.03 ppm in edible podded pea samples, and 0.471 to 2.96 ppm in succulent shelled pea samples.  Residue data were collected on greenhouse peppers during field trials (total of 4 trials in Canada).    Maximum total residues ranged from 0.170 to 0.886 ppm.

B. Toxicological Profile        	1. Acute toxicity.  A battery of acute toxicity studies was conducted which placed flonicamid technical in Toxicity Category III for oral lethal dose (LD)50, Category IV for dermal LD50, inhalation lethal concentration (LC)50, dermal irritation, and eye irritation. Flonicamid technical is not a dermal sensitizer.  In an acute neurotoxicity study, the no observed adverse effect levels (NOAELs) for neurotoxicity were 600 milligram per kilogram (mg/kg) in males and 1000 mg/kg in female (highest doses tested).  The systemic NOAELs were 600 mg/kg in males and 300 mg/kg in females.        	2. Genotoxicity.  Flonicamid technical did not cause mutations in the bacterial reverse mutation or mouse lymphoma tests with or without metabolic activation, chromosome damage in the mouse micronucleus or cytogenetics tests with and without metabolic activation, an increase in DNA damage in the comet assay or in an in vivo rat unscheduled DNA synthesis (UDS) study.  Based on the weight of evidence, it is concluded that flonicamid technical is not genotoxic.               	3. Reproductive and developmental toxicity.  A developmental toxicity study in rats resulted in the maternal and developmental no observed adverse effect levels (NOAELs) of 100 mg/kg/day.  The maternal lowest observed adverse effect level (LOAEL) was 500 mg/kg/day based on the treatment-related effects observed on the liver and kidney of the dams in the highest dose group.  The developmental LOAEL was 500 mg/kg/day based on incidences of fetal skeletal variations seen only at maternally toxic doses of 500 mg/kg/day.

      In the rabbit developmental toxicity study, the maternal and developmental NOAELs were 7.5 mg/kg/day and > 25 mg/kg/day highest dose tested (HDT), respectively.  The maternal LOEL was 25 mg/kg/day based on decreased body weights, body weight gains and food consumption.  No adverse effects on the fetuses were observed at the highest dose.                In the multigeneration rat reproduction study, the NOAEL was 50 ppm for parental animals (3.7 and 4.4 mg/kg/day, respectively, for males and females) and 300 ppm for their offspring (22.3 and 26.5 mg/kg/day, respectively, for males and females).  The effects at the highest dose of 1800 ppm included the following: increased kidney weights and gross and histopathological alterations in the kidney.  Findings noted in the top dose females included delayed vaginal opening and increased liver, kidney and spleen weights in the F1 generation and reduced ovary and adrenal weights in the parental generation and decreased uterine weights in the F1 female weanlings.  There was an increase in the FSH and LH levels in F1 females tested for these endpoints.  These findings did not affect the reproductive performance or survival of offspring in the study.

       	4. Subchronic toxicity. The NOAEL for flonicamid technical in the rat 28-day dermal toxicity study was 1000 mg/kg/day, which was the highest dose tested. In a 90-day rat feeding study the NOAEL was established at 200 ppm (12.11 mg/kg/day) for males and 1000 ppm (72.3 mg/kg/day) for females.  The LOAELs were 1000 ppm (60.0 mg/kg/day) for males and 5000 ppm (340 mg/kg/day) for females based on effects on hematology, triglycerides, and pathology in the liver and kidney.    In a 13-week mouse study, the NOAEL was 100 ppm (15.25 mg/kg/day in males and 20.1 mg/kg/day in females).  The LOAEL is 1000 ppm (153.9 mg/kg/day in males and 191.5 mg/kg/day in females) based on hematology effects and changes in glucose, creatinine, bilirubin, sodium, chloride and potassium levels, increased liver and spleen weights and histopathology findings in the bone marrow, spleen and kidney.      In a subchronic toxicity study in dogs with capsule administration, the NOAEL was 8 mg/kg/day in males and 20 mg/kg/day in females based on findings of severe toxicity at a dose exceeding the maximum tolerated dose; symptoms included collapse, prostration and convulsions leading to early sacrifice at the LOAEL of 50 mg/kg/day.    In a subchronic neurotoxicity study in rats, the NOAEL for dietary administration was 200 ppm for males and 1000 ppm for females (13 mg/kg/day in males and 81 mg/kg/day in females).  The LOAEL was 1000 and 10,000 ppm (67 and 722 mg/kg/day) in males and females, respectively (highest dose tested) based on decreased motor activity, body weight and food consumption effects.               	5. Chronic toxicity. In the chronic dog study with administration via using capsules, the NOEL was 8 mg/kg/day.  The LOAEL was 20 mg/kg/day based on reduced body weights in females and effects on the circulating red blood cells.        In a rat 24-month combined chronic and oncogenicity study, flonicamid technical was not carcinogenic in rats.  The NOAEL was 200 ppm (7.32 mg/kg/day) for males and 1000 ppm (44.1 mg/kg/day) for females. The LOAEL was 1000 ppm for males and 5000 ppm for females based on histopathology in the kidney, hematology effects, hepatic effects including changes in biochemical parameters, increased organ weights, and histopathological changes.  Atrophy of striated muscle fibers, cataract and retinal atrophy observed in the high dose females were considered to be due to acceleration of spontaneous age-related lesions.    In the 18-month mouse study, effects were observed in the lung, liver, spleen and bone marrow at 250 ppm or higher.  Findings included centrilobular hepatocellular hypertrophy, extramedullary hematopoiesis and pigment deposition in the spleen and decreased cellularity (hypocellularity) in the bone marrow.  There were statistically significant increases in the incidence of alveolar/bronchiolar adenomas in both sexes of treated groups with hyperplasia/hypertrophy of epithelial cells in terminal bronchioles.  There was a statistically significant increase in the incidence of alveolar/bronchiolar carcinomas in males at 750 ppm and 2250 ppm and in females at 2250 ppm only.  These effects in the lungs of mice were not life threatening as most of effects were observed at the terminal sacrifice and there was no effect of treatment on mortality in the study.  A no observed adverse effect level (NOAEL) could not be determined from the dose levels administered.  Mechanism-of-action studies have indicated that the lung effects are unique to the mouse and are not likely to translate to other species including the rat.  A second 18-month mouse study was conducted in CD-1 mice at dose levels ranging from 10 to 250 ppm to establish a NOAEL for hyperplasia/hypertrophy of epithelial cells in terminal bronchioles and for the incidence of alveolar/bronchiolar adenomas and carcinomas in both sexes.  There was a statistically significant increase in the incidence of alveolar/bronchiolar adenomas in males at 250 ppm.   In females, there was no statistically significant increase in the incidence of pulmonary neoplastic lesions at any dose level.  The incidence of hyperplasia/hypertrophy of epithelial cells lining the terminal bronchioles of the lungs was statistically increase at 250 ppm in both sexes.  There were no treatment-related increases in neoplastic or non-neoplastic lesions at dose levels of 80 ppm or lower in either sex.  The NOAELs were 10.0 and 11.8 mg/kg body weight/day for males and females, respectively.  This study confirmed a threshold for these effects at 80 ppm.  Flonicamid technical was not carcinogenic in the rat.                      	6. Animal metabolism. Rat, goat and poultry metabolism studies were conducted using [[14]C]-pyridyl-flonicamid.  The majority of the dose was rapidly excreted.  Flonicamid was a major component of rat urine 48 hours after dosing.  TFNA-AM was the major metabolite found in rats (urine), goats (milk and tissues) and in laying hens (tissues and eggs).  TFNG was found between 8 - 24% of the total radioactive residue (TRR) in the livers of rats sacrificed at intervals between 0.5 - 6 hours after dosing.  The liver samples at these time intervals had [14]C-residues of 2.3% - 4.6% of the dose.  TFNA was not a major component in animal tissues.  The metabolism of flonicamid in animals shows the main pathway of metabolism involves hydrolysis of -CN and -CONH2 functional groups in the molecule, identical to plant metabolism.  The main metabolic reactions were hydrolysis of cyano to the amide function and ring hydroxylation.  In rats flonicamid was further metabolized by several routes, including nitrile hydrolysis, amide hydrolysis, N-oxidation, and hydroxylation of the pyridine ring, leading to multiple metabolites. The metabolism of flonicamid in animals is well understood.                 	7. Metabolite toxicology. The main metabolites of flonicamid were examined in acute oral toxicity studies in rats and bacterial reverse mutation tests.  All the metabolites were less toxic than flonicamid and not mutagenic.           	8. Endocrine disruption.  No special studies investigating potential estrogenic or other endocrine effects of flonicamid have been conducted.  Some suggestions of possible endocrine effects were reported at the highest dose tested (1800 ppm) in the multi-generation reproduction study which showed increased FSH and LH levels, a delay in the time to vaginal opening in the F1 generation, and reduced ovary and adrenal weights in the parental generation.  However, there were no effects on reproductive performance or survival of the offspring in the study.  At levels that are expected to be found in the environment, flonicamid will not cause any endocrine-related effects.     C. Aggregate Exposure.        	1. Dietary exposure    	i. Food.          Tier 1 chronic dietary exposure assessments on flonicamid were conducted using the Dietary Exposure Evaluation Model software with the Food Commodity Intake Database (DEEM-FCID (TM), Version 2.14), which uses food consumption data from the U.S. Department of Agriculture's Continuing Surveys of Food Intakes by Individuals (CSF II) from 1994-1996 and 1998.  Overall dietary exposure to flonicamid was expressed in mg/kg/day and was calculated as a percent of Chronic Population Adjusted Dose (cPAD).        Proposed tolerances for residues of flonicamid representing Crop Subgroups 6A (4.0 ppm), 6B (6.0 ppm), 6C, except soybeans (3.0 ppm) and Crop Group 8-10 (1.5 ppm) were incorporated into the DEEM-FCID residue file for dietary exposure assessment.         The Chronic Reference Dose (cRfD) was established at 0.04 mg/kg/day. The cRfD was based on a 2-generation reproduction rat study with a NOAEL of 3.7 mg/kg/day. The uncertainty factor of 100 was applied to the NOAEL to derive cRfD.  The cPAD is equivalent to the cRfD of 0.04 mg/kg/day (FQPA SF = 1).        	ii. Drinking water.       	A Tier II drinking water assessment was conducted to represent drinking water exposure (SCI-GROW2 for groundwater and Pesticide Root Zone Model/ Exposure Analysis Modeling System (PRZM/EXAMS) for surface water).  The maximum chronic Estimated Environmental Concentration (EEC) from PRZM/EXAMS was 1.5 ppb, derived from the ME potato and CA lettuce standard EPA scenarios (see "Flonicamid: Human health risk assessment for proposed uses on root vegetables (except sugarbeet; Subgroup 1B), tuberous corm vegetables (subgroup 1C), leafy Brassica green vegetables (subgroup 5B), turnip greens, hops and okra. PC Code: 128016, Petition No: 6E7081, DP Barcode: D347805.  December 21, 2007").  Using the Tier 1 Screening Concentration in Ground Water (SCI-GROW)2 model, the ground water EEC for flonicamid was 0.00132 ppb, which was considered appropriate for chronic EEC.  To be protective of all drinking water systems, the predicted chronic EEC for surface water (1.5 ppb) was incorporated in the DEEM dietary assessment modeling.     	2. Non-dietary exposure.  Based upon the product label, EPA assumes that the proposed food-use sites are commercial in nature, and that the applications on landscape ornamentals would only be made by professional pest control operators.  Therefore, residential handler scenarios are not expected and need not be assessed.  Flonicamid label language should preclude use by non-professionals (e.g., homeowners), particularly regarding landscape ornamentals.    D. Cumulative Effects.

        The 2007 EPA assessment (refer to Section C) was conducted for food and water exposure only.  There are no expected long-term residential exposures.  Because drinking water estimates have been combined with dietary exposures, the dietary assessment serves as the aggregate exposure and risk assessment for flonicamid.  The addition of the proposed uses is not expected to change the nature of the aggregate assessment.  Because aggregated food and drinking water exposures from this conservative Tier I assessment for the most highly exposed population subgroup (Children 1-2 years old) only amount to 23.1% of the chronic Population Adjusted Dose (cPAD), exposure to flonicamid from the all current and proposed uses should not exceed EPA's level of concern.

E. Safety Determination.

       1. U.S. population.  Using the conservative Tier 1 assumptions described in Section C., based on the completeness and reliability of the toxicology data, it is estimated that the chronic dietary exposure (food plus drinking water) at the 95[th] percentile general U.S. population comprises 15.9 % of the cPAD.  These conservative estimates include exposure to flonicamid from tolerance-level residues representing the proposed uses.  The EPA generally has no concern for exposures below 100% of the acute Population Adjusted Dose (aPAD)/cPAD because it represents the level at or below which daily aggregate dietary exposure over a lifetime will not pose any unacceptable risks to human health.  It is concluded that there is a reasonable certainty that no harm will result from aggregate exposure to residues of flonicamid, including all anticipated dietary exposure.

   2. Infants and children.  The FQPA safety factor was set at 1 to derive the cPAD (i.e. 0.04 mg/kg/day) for chronic dietary risk assessment to infants and children as well as adults.  Using the conservative Tier 1 assumptions described in Section C and based on the completeness and reliability of the toxicology data, it is estimated that the chronic dietary exposure (food plus drinking water) at the 95[th] percentile for the most sensitive sub-population (Children 1-2 years old) comprises 37.5 % of the cPAD.  The risk from incorporating the proposed tolerances into the dietary risk assessment increased the cPAD by less than 2% for the most sensitive population subgroup (Children 1-2 years old).

	Based on the above information, there is reasonable certainty that no harm will result to infants, children, or adults from dietary (food plus drinking water) exposure to flonicamid residues from the proposed uses, as well as all other existing flonicamid-treated human dietary food sources.

F. International Tolerances

       	Canada has established MRLs for flonicamid and its metabolites on head and stem brassica, leafy brassica greens, leafy vegetables (except brassica), tuberous and corm vegetables, fruiting vegetables, cucurbits, stone fruits, pome fruits, vegetable root crops except sugarbeet, radish tops, turnip greens, hops, and resulting secondary residues in meat, milk, poultry and eggs.

	There are no Mexican residue limits or Codex MRLs for the insecticide flonicamid and its metabolites TFNA, TFNA-AM and TFNG.


[Federal Register Volume 77, Number 123 (Tuesday, June 26, 2012)]
[Notices]
[Pages 38107-38108]
[FR Doc No: 2012-15493]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67224; File No. SR-BX-2012-040]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Making a
Clerical Correction to the Grandfathered Rules

June 20, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on June 7, 2012, NASDAQ OMX BX, Inc. (``BX'' or ``Exchange''), filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by the Exchange. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend the Grandfathered Rules. The text of
the proposed rule change is available at http://nasdaq.cchwallstreet.com, at the Exchange's principal office, and at
the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The Exchange proposes to make administrative changes and correct
inadvertent typographical errors to the Exhibit 5 to SR-BX-2012-036 \3\
(``2012-036 Exhibit 5'') so that the text properly reflects the changes
as intended in the purpose section of SR-BX-2012-036. SR-BX-2012-036
was filed for immediate effectiveness on May 14, 2012. The
administrative changes and typographical errors to 2012-036 Exhibit 5
are explained below:
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    \3\ Securities Exchange Act Release No. 67009 (May 17, 2012), 77
FR 30566 (May 23, 2012) (SR-BX-2012-036).
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The Grandfathered BSE Rules
    Chapter I-B ends in a comma. The comma is being deleted and a
period is being added. In Chapter XVIII--Conduct, Section 4, the
language ``provided in'' was added to the 2012-036 Exhibit 5, but it
should have been underlined to denote that it was new text. In
addition, a reference to BX Rules 9126, should read BX Rule 9126. As
proposed an ``s'' in the word Rules, is being deleted from the rule
text.
    Chapter XXXIII, Section 7 had a single bracket (``['') denoting
that text was going to be removed before the word Article that should
not have been placed in the 2012-036 Exhibit 5. It was intended that
that word remain in the rule text. In Chapter XXXIV, Section 4, a
reference to BX Rule 9000 and a reference to BX Rule 9216 was added to
the rule text. However, in both places, BX should have been underlined
to denote that it was new text.
Grandfathered Boston Options Exchange Group LLC Rules
    In Chapter 1, Section 1 (9), the word ``a'' was added as new text,
which as proposed will be deleted. In Chapter II, Section 1(c), the
language ``of the Boston Stock Exchange, Inc. (``Constitution'')'',
should have been removed, the opening bracket was added, to the 2012-
036 Exhibit 5, but the closing bracket was not added. The Exchange is
proposing to add the closing bracket to properly note what language
should have been deleted. Section 6 added the word Reserved to the Rule
text; however, it should have been underlined to denote that it was new
text.

    In Chapter V, an extra closing bracket was added to the deletions
to 2012-036 Exhibit 5. The extra bracket will be removed to clarify
that the entire section will be deleted. In Chapter VI, Section 4, BX
Rules 9000 Series should have been underlined to denote new text. In
Chapter X, the Exchange added ``See also BX Rule 9216'' to the 2012-036
Exhibit 5. The Exchange now proposes to add that section reference to
the end of the sentence rather than in the middle of the sentence. In
addition, the following sentence, which follows that reference, should
begin with a capital ``T.'' Finally, where ``BX Rules 9000 Series'' was
added to the 2012-036 Exhibit 5, the word Series was not underlined to
denote that it was new text.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\4\ in general, and with
Section 6(b)(5) of the Act,\5\ in particular, in that the proposal is
designed to promote just and equitable principles of trade, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general, to protect investors and the
public interest. The proposed rule change is consistent with these
provisions in that it will allow the Exchange to make administrative
changes and correct inadvertent typographical errors.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f.
    \5\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    The Exchange has neither solicited nor received comments on the
proposed rule change.

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

    This proposed rule change is filed pursuant to paragraph (A) of
section 19(b)(3) of the Exchange Act \6\ and Rule 19b-4(f)(6)
thereunder.\7\ This proposed rule change does not significantly affect
the protection of investors or the public interest, does not impose any
significant burden on competition, and, by its terms, does not become
operative for 30 days after the date of the filing, or such shorter
time as the Commission may designate if consistent with the protection
of investors and the public interest. At any time within 60 days of the
filing of the proposed rule change, the Commission summarily may
temporarily suspend such rule change if it appears to the Commission
that such action is necessary or appropriate in the public interest,
for the protection of investors, or otherwise in furtherance of the
purposes of the Act.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BX-2012-040 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BX-2012-040. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal offices of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-BX-2012-040, and should be
submitted on or before July 17, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-15493 Filed 6-25-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 23 (Thursday, February 4, 2016)]
[Notices]
[Pages 6050-6052]
[FR Doc No: 2016-02139]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2016-0002]

Federal Advisory Council on Occupational Safety and Health
(FACOSH)

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Announcement of FACOSH meeting.

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

SUMMARY: The Federal Advisory Council on Occupational Safety and Health
(FACOSH) will meet Thursday, February 18, 2016, in Washington, DC.

DATES: FACOSH meeting: FACOSH will meet from 1 to 4:30 p.m., Thursday,
February 18, 2016.
    Submission of comments, requests to speak, speaker presentations,
and requests for special accommodations:

You must submit (postmark, send, transmit, deliver) comments, requests
to speak at the FACOSH meeting, speaker presentations, and requests for
special accommodations to attend the meeting by February 11, 2016.

ADDRESSES:
    FACOSH meeting: FACOSH will meet in C5520, Room 6, U.S. Department
of Labor, 200 Constitution Avenue NW., Washington, DC 20210.
    Submission of comments, requests to speak, and speaker
presentations: You may submit comments, requests to speak at the FACOSH
meeting, and speaker presentations using one of the following methods:
    Electronically: You may submit materials, including attachments,
electronically at http://www.regulations.gov, the Federal eRulemaking
Portal. Follow the online instructions for making submissions;
    Facsimile: If your submission, including attachments, does not
exceed 10 pages, you may fax it to the OSHA Docket Office at (202) 693-
1648; or
    Mail, express delivery, hand delivery, or messenger/courier
service: You may submit materials to the OSHA Docket Office, Docket No.
OSHA-2016-0002, Room N-2625, U.S. Department of Labor, 200 Constitution
Avenue NW., Washington, DC 20210; telephone<PHONE_NUMBER> (OSHA TTY
(877) 889-5627). Deliveries (hand, express mail, messenger/courier
service) are accepted during the Department's and the OSHA Docket
Office's normal business hours, 8:15 a.m.-4:45 p.m., weekdays.
    Requests for special accommodations to attend the FACOSH meeting:
You may submit requests for special accommodations by hard copy, email,
or telephone to Ms. Gretta Jameson, OSHA Office of Communications, Room
N-3647, U.S. Department of Labor, 200 Constitution Avenue NW.,
Washington, DC 20210; email<EMAIL_ADDRESS>telephone (202)
693-1999.
    Instructions: All submissions must include the agency name and
docket number for this Federal Register notice. Due to security-related
procedures, receipt of submissions by regular mail may result in a
significant delay. Please contact the OSHA Docket Office for
information about security procedures for making submissions by hand
delivery, express delivery, and messenger/courier service. For
additional information making submissions, see Public Participation in
the SUPPLEMENTARY INFORMATION section of this notice.
    OSHA will post comments, requests to speak, and speaker
presentations, including any personal information provided, without
change in the FACOSH public docket and submissions may be available
online at http://www.regulations.gov. Therefore, OSHA cautions
individuals about submitting certain personal information, such as
Social Security numbers and birthdates.

FOR FURTHER INFORMATION CONTACT:
    For press inquiries: Mr. Frank Meilinger, Director, OSHA Office of
Communications, Room N-3647, U.S. Department of Labor, 200 Constitution
Avenue NW., Washington, DC 20210; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>    For general information: Mr. Francis Yebesi, Director, OSHA Office
of Federal Agency Programs, Room N-3622, U.S. Department of Labor, 200
Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-
2122; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: FACOSH will meet February 18, 2016, in
Washington, DC. The meeting is open to the public. Some FACOSH members
may attend the meeting electronically.
    The tentative agenda for the FACOSH meeting includes:
     The Presidential Initiatives focusing federal agencies'
efforts on improving workplace safety and health and return-to-work
outcomes for federal workers who sustain injuries or illnesses in the
performance of duty;
     Status of the 2014 Secretary of Labor's Report to the
President on Federal Department and Agency Occupational Safety and
Health Program Activity (Report), and the request for information to
federal departments and agencies for the 2015 Report;
     Construction safety and health stand-down;
     Draft Updated OSHA Safety and Health Program Management
Guidelines; and
     Updates from FACOSH subcommittees.
    FACOSH is authorized by 5 U.S.C. 7902; section 19 of the
Occupational Safety and Health Act of 1970 (OSH Act) (29 U.S.C. 668);
and Executive Order 11612, as amended, to advise the Secretary of Labor
(Secretary) on all matters relating to the occupational safety and
health of federal employees. This includes providing advice on how to
reduce and keep to a minimum the number of injuries and illnesses in
the federal workforce, and how to encourage each federal Executive
Branch department and agency to establish and maintain effective
occupational safety and health programs. FACOSH operates in accordance
with the Federal Advisory Committee Act (FACA) (5 U.S.C. App. 2) and
its implementing regulations (41 CFR part 102-3).
    OSHA transcribes and prepares detailed minutes of FACOSH meetings.
The Agency posts meeting transcripts and minutes plus other materials
presented at the FACOSH meeting in the public record of the meeting.

Public Participation, Submissions, and Access to Public Record

    FACOSH meeting: FACOSH meetings are open to the public. Individuals
attending meetings at the U.S. Department of Labor Frances Perkins
Building must enter the building at the Visitors' Entrance, 3rd and C
Streets NW., and pass through building security. Attendees must have
valid government-issued photo identification to enter. For additional
information about building security measures, and requests for special
accommodations for attending the FACOSH meeting, please contact Ms.
Jameson (see ADDRESSES section).
    Submission of comments. You may submit comments, including data and
other information, using one of the methods listed in the ADDRESSES
section. Your submissions, including attachments and other materials,
must identify the agency name and the OSHA docket number for this
Federal Register notice (Docket No. OSHA-2016-0002). You may submit
supplementary materials electronically. If, instead, you wish to submit
hard copies of supplementary materials, you must submit them to the
OSHA Docket Office following the instructions in the ADDRESSES section.
The additional materials must clearly identify your electronic
submission by name, date, and docket number. OSHA will provide copies
of submissions to FACOSH members.
    Because of security-related procedures, receipt of submissions by
regular mail may result in a significant delay. For information about
security procedures concerning submissions by hand, express delivery,
and messenger/courier service, please contact the OSHA Docket Office
(see ADDRESSES section).
    Submission of requests to speak and speaker presentations. You may
submit a request to speak to FACOSH and speaker presentations in
advance by one of the methods listed in the ADDRESSES section or sign
up at the FACOSH meeting to speak. Your request must state:
     The amount of time you request to speak;

     The interest you represent (e.g., organization name), if
any; and,
     A brief outline of your presentation.
    PowerPoint speaker presentations and other electronic materials
must be compatible with Microsoft Office 2010 formats. The FACOSH chair
may grant requests to address FACOSH at his discretion, and as time and
circumstances permit.
    Access to submissions and public record. OSHA places comments,
requests to speak, speaker presentations, meeting transcripts and
minutes, and other documents presented at the FACOSH meeting in the
public record without change. Those documents also may be available
online at http://www.regulations.gov. Therefore, OSHA cautions
individuals about submitting certain personal information, such as
Social Security numbers and birthdates.
    To read or download documents in the public record, go to Docket
No. OSHA-2016-0002 at http://www.regulations.gov. Although all meeting
documents are listed in the index of that Web page, some documents
(e.g., copyrighted materials) are not publicly available to read or
download. All meeting documents, including copyrighted materials, are
available at the OSHA Docket Office.
    Information about using http://www.regulations.gov to make
submissions and access the record of FACOSH meetings is available at
that Web page. Please contact the OSHA Docket Office for assistance
with making submissions and obtaining documents in the FACOSH record,
and for information about materials that are not available on http://www.regulations.gov.
    Electronic copies of this Federal Register notice are available at
http://www.regulations.gov. This notice, as well as news releases and
other relevant information about FACOSH, also is available at OSHA's
Web page at http://www.osha.gov/.

Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this notice
pursuant to 5 U.S.C. 7902; 5 U.S.C. App. 2; 29 U.S.C. 668; Executive
Order 12196 (45 CFR 12629 (2/27/1980)), as amended; 41 CFR part 102-3;
and Secretary of Labor's Order No. 1-2012 (77 FR 3912).

    Signed at Washington, DC, on January 21, 2016.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2016-02139 Filed 2-3-16; 8:45 am]
 BILLING CODE 4510-26-P


electric plants of more than 250 million British thermal units per hour
heat input, coal cleaning plants (with thermal dryers), kraft pulp
mills, Portland cement plants, primary zinc smelters, iron and steel
mill plants, primary aluminum ore reduction plants (with thermal
dryers), primary copper smelters, municipal incinerators capable of
charging more than 250 tons of refuse per day, hydrofluoric, sulfuric,
and nitric acid plants, petroleum refineries, lime plants, phosphate
rock processing plants, coke oven batteries, sulfur recovery plants,
carbon black plants (furnace process), primary lead smelters, fuel
conversion plants, sintering plants, secondary metal production plants,
chemical process plants (which does not include ethanol production
facilities that produce ethanol by natural fermentation included in
NAICS codes 325193 or 312140), fossil-fuel boilers (or combinations
thereof) totaling more than 250 million British thermal units per hour
heat input, petroleum storage and transfer units with a total storage
capacity exceeding 300,000 barrels, taconite ore processing plants,
glass fiber processing plants, and charcoal production plants;
    (b) Notwithstanding the stationary source size specified in
paragraph (b)(1)(i)(a) of this section, any stationary source which
emits, or has the potential to emit, 250 tons per year or more of a
regulated NSR pollutant (except the pollutant greenhouse gases as
defined in paragraph (b)(31) of this section); or
* * * * *
    (2) * * *
    (i) Major modification means any physical change in or change in
the method of operation of a major stationary source that would result
in: A significant emissions increase (as defined in paragraph (b)(39)
of this section) of a regulated NSR pollutant (as defined in paragraph
(b)(49) of this section) other than the pollutant greenhouse gases (as
defined in paragraph (b)(31) of this section); and a significant net
emissions increase of that regulated NSR pollutant from the major
stationary source.
* * * * *
    (23) * * *
    (i) Significant means, in reference to a net emissions increase or
the potential of a source to emit any of the following pollutants, a
rate of emissions that would equal or exceed any of the following
rates:

Pollutant and Emissions Rate

Carbon monoxide: 100 tons per year (tpy)
Nitrogen oxides: 40 tpy
Sulfur dioxide: 40 tpy
Particulate matter: 25 tpy of particulate matter emissions
PM10: 15 tpy
PM2.5: 10 tpy of direct PM2.5 emissions; 40 tpy of sulfur
dioxide emissions; 40 tpy of nitrogen oxide emissions unless
demonstrated not to be a PM2.5 precursor under paragraph
(b)(49) of this section
Ozone: 40 tpy of volatile organic compounds or nitrogen oxides
Lead: 0.6 tpy
Fluorides: 3 tpy
Sulfuric acid mist: 7 tpy
Hydrogen sulfide (H2S): 10 tpy
Total reduced sulfur (including H2S): 10 tpy
Reduced sulfur compounds (including H2S): 10 tpy
Greenhouse gases: 75,000 tpy CO2e
Municipal waste combustor organics (measured as total tetra- through
octa-chlorinated dibenzo-p-dioxins and dibenzofurans): 3.2 x
10-\6\ megagrams per year (3.5 x 10-\6\ tons per
year)
Municipal waste combustor metals (measured as particulate matter): 14
megagrams per year (15 tons per year)
Municipal waste combustor acid gases (measured as sulfur dioxide and
hydrogen chloride): 36 megagrams per year (40 tons per year)
Municipal solid waste landfill emissions (measured as nonmethane
organic compounds): 45 megagrams per year (50 tons per year)
* * * * *
    (31) Greenhouse gases (GHGs) means the air pollutant defined in
Sec.  86.1818-12(a) of this chapter as the aggregate group of six
greenhouse gases: Carbon dioxide, nitrous oxide, methane,
hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride. To
represent an amount of GHGs emitted, the term tpy CO2 equivalent
emissions (CO2e) shall be used and computed as follows:
    (a) Multiply the mass amount of emissions (tpy), for each of the
six greenhouse gases in the pollutant GHGs, by the gas's associated
global warming potential published at Table A-1 to subpart A of part 98
of this chapter--Global Warming Potentials.
    (b) Sum the resultant value for each gas to compute a tpy
CO2e.
* * * * *
    (48) Subject to regulation means, for any air pollutant, that the
pollutant is subject to either a provision in the Clean Air Act, or a
nationally-applicable regulation codified by the Administrator in
subchapter C of this chapter, that requires actual control of the
quantity of emissions of that pollutant, and that such a control
requirement has taken effect and is operative to control, limit or
restrict the quantity of emissions of that pollutant released from the
regulated activity. Pollutants subject to regulation include, but are
not limited to, greenhouse gases as defined in paragraph (b)(31) of
this section.
* * * * *

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart A--General Provisions

0
4. Section 52.21 is amended by:
0
a. Revising paragraphs (b)(1)(i)(a) and (b);
0
b. Revising paragraph (b)(2)(i);
0
c. Revising paragraph (b)(23)(i);
0
d. Adding paragraph (b)(32);
0
e. Revising paragraph (b)(49);
0
f. Revising paragraph (aa)(1);
0
g. Revising paragraphs (aa)(2)(i) and (iii);
0
h. Removing paragraph (aa)(2)(iv)(c);
0
i. Revising paragraphs (aa)(2)(v), (viii) through (xi);
0
j. Removing paragraphs (aa)(2)(xii)through (xv);
0
k. Revising paragraph (aa)(3) introductory text;
0
l. Removing paragraph (aa)(3)(iv);
0
m. Revising paragraph (aa)(4)(i) introductory text;
0
n. Revising paragraphs (aa)(4)(i)(a), (d) and (g);
0
o. Revising paragraph (aa)(5);
0
p. Revising paragraph (aa)(6)(i);
0
q. Removing paragraph (aa)(6)(iii);
0
r. Revising paragraph (aa)(7) introductory text;
0
s. Revising paragraphs (aa)(7)(i), (iii), (v), (vi) and (vii);
0
t. Removing paragraph (aa)(7)(xi);
0
u. Revising paragraph (aa)(8)(ii)(b)(2);
0
v. Revising paragraph (aa)(9)(i)(a);
0
w. Revising paragraphs (aa)(9)(iv) and (v);
0
x. Revising paragraphs (aa)(10)(i) and (ii);

0
y. Revising paragraphs (aa)(10)(iv)(c)(1) and (2);
0
z. Revising paragraph (aa)(11)(i) introductory text;
0
aa. Revising paragraphs (aa)(11)(i)(a) and (b);
0
bb. Revising paragraph (aa)(12)(i)(a);
0
cc. Revising paragraphs (aa)(14)(i)(b) and (d); and
0
dd. Revising paragraph (aa)(14)(ii) introductory text.
    The revisions and addition read as follows:

Sec.  52.21  Prevention of significant deterioration of air quality.

* * * * *
    (b) * * *
    (1) * * *
    (i) * * *
    (a) Any of the following stationary sources of air pollutants which
emits, or has the potential to emit, 100 tons per year or more of any
regulated NSR pollutant (except the pollutant greenhouse gases as
defined in paragraph (b)(32) of this section): Fossil fuel-fired steam
electric plants of more than 250 million British thermal units per hour
heat input, coal cleaning plants (with thermal dryers), kraft pulp
mills, portland cement plants, primary zinc smelters, iron and steel
mill plants, primary aluminum ore reduction plants (with thermal
dryers), primary copper smelters, municipal incinerators capable of
charging more than 250 tons of refuse per day, hydrofluoric, sulfuric,
and nitric acid plants, petroleum refineries, lime plants, phosphate
rock processing plants, coke oven batteries, sulfur recovery plants,
carbon black plants (furnace process), primary lead smelters, fuel
conversion plants, sintering plants, secondary metal production plants,
chemical process plants (which does not include ethanol production
facilities that produce ethanol by natural fermentation included in
NAICS codes 325193 or 312140), fossil-fuel boilers (or combinations
thereof) totaling more than 250 million British thermal units per hour
heat input, petroleum storage and transfer units with a total storage
capacity exceeding 300,000 barrels, taconite ore processing plants,
glass fiber processing plants, and charcoal production plants;
    (b) Notwithstanding the stationary source size specified in
paragraph (b)(1)(i)(a) of this section, any stationary source which
emits, or has the potential to emit, 250 tons per year or more of a
regulated NSR pollutant (except the pollutant greenhouse gases as
defined in paragraph (b)(32) of this section); or
* * * * *
    (2) * * *
    (i) Major modification means any physical change in or change in
the method of operation of a major stationary source that would result
in: A significant emissions increase (as defined in paragraph (b)(40)
of this section) of a regulated NSR pollutant (as defined in paragraph
(b)(50) of this section) other than the pollutant greenhouse gases (as
defined in paragraph (b)(32) of this section); and a significant net
emissions increase of that regulated NSR pollutant from the major
stationary source.
* * * * *
    (23) * * *
    (i) Significant means, in reference to a net emissions increase or
the potential of a source to emit any of the following pollutants, a
rate of emissions that would equal or exceed any of the following
rates:

Pollutant and Emissions Rate

Carbon monoxide: 100 tons per year (tpy)
Nitrogen oxides: 40 tpy
Sulfur dioxide: 40 tpy
Particulate matter: 25 tpy of particulate matter emissions
PM10: 15 tpy
PM2.5: 10 tpy of direct PM2.5 emissions; 40 tpy of sulfur
dioxide emissions; 40 tpy of nitrogen oxide emissions unless
demonstrated not to be a PM2.5 precursor under paragraph
(b)(50) of this section
Ozone: 40 tpy of volatile organic compounds or nitrogen oxides
Lead: 0.6 tpy
Fluorides: 3 tpy
Sulfuric acid mist: 7 tpy
Hydrogen sulfide (H2S): 10 tpy
Total reduced sulfur (including H2S): 10 tpy
Reduced sulfur compounds (including H2S): 10 tpy
Greenhouse gases: 75,000 tpy CO2e
Municipal waste combustor organics (measured as total tetra- through
octa-chlorinated dibenzo-p-dioxins and dibenzofurans): 3.2 x
10-\6\ megagrams per year (3.5 x 10-\6\ tons per
year)
Municipal waste combustor metals (measured as particulate matter): 14
megagrams per year (15 tons per year)
Municipal waste combustor acid gases (measured as sulfur dioxide and
hydrogen chloride): 36 megagrams per year (40 tons per year)
Municipal solid waste landfill emissions (measured as nonmethane
organic compounds): 45 megagrams per year (50 tons per year)
* * * * *
    (32) Greenhouse gases (GHGs) means the air pollutant defined in
Sec.  86.1818-12(a) of this chapter as the aggregate group of six
greenhouse gases: Carbon dioxide, nitrous oxide, methane,
hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride. To
represent an amount of GHGs emitted, the term tpy CO2 equivalent
emissions (CO2e) shall be used and computed as follows:
    (a) Multiply the mass amount of emissions (tpy), for each of the
six greenhouse gases in the pollutant GHGs, by the gas's associated
global warming potential published at Table A-1 to subpart A of part 98
of this chapter--Global Warming Potentials.
    (b) Sum the resultant value for each gas to compute a tpy
CO2e.
* * * * *
    (49) Subject to regulation means, for any air pollutant, that the
pollutant is subject to either a provision in the Clean Air Act, or a
nationally-applicable regulation codified by the Administrator in
subchapter C of this chapter, that requires actual control of the
quantity of emissions of that pollutant, and that such a control
requirement has taken effect and is operative to control, limit or
restrict the quantity of emissions of that pollutant released from the
regulated activity. Pollutants subject to regulation include, but are
not limited to, greenhouse gases as defined in paragraph (b)(32) of
this section.
* * * * *
    (aa) * * *
    (1) * * *
    (i) The Administrator may approve the use of an actuals PAL for any
existing major stationary source if the PAL meets the requirements in
paragraphs (aa)(1) through (15) of this section. The term ``PAL'' shall
mean ``actuals PAL'' throughout paragraph (aa) of this section.
    (ii) Any physical change in or change in the method of operation of
a major stationary source that maintains its total source-wide
emissions below the PAL level, meets the requirements in paragraphs
(aa)(1) through (15) of this section, and complies with the PAL permit:
    (a) Is not a major modification for the PAL pollutant;
    (b) Does not have to be approved through the PSD program; and
    (c) Is not subject to the provisions in paragraph (r)(4) of this
section (restrictions on relaxing enforceable emission limitations that
the major stationary source used to avoid applicability of the major
NSR program).
    (iii) Except as provided under paragraph (aa)(1)(ii)(c) of this
section, a major stationary source shall continue to comply with all
applicable Federal or State requirements, emission limitations, and
work practice

requirements that were established prior to the effective date of the
PAL.
    (2) * * *
    (i) Actuals PAL for a major stationary source means a PAL based on
the baseline actual emissions (as defined in paragraph (b)(48) of this
section) of all emissions units (as defined in paragraph (b)(7) of this
section) at the source, that emit or have the potential to emit the PAL
pollutant.
* * * * *
    (iii) Small emissions unit means an emissions unit that emits or
has the potential to emit the PAL pollutant in an amount less than the
significant level for that PAL pollutant, as defined in paragraph
(b)(23) of this section or in the Act, whichever is lower.
* * * * *
    (v) Plantwide applicability limitation (PAL) means an emission
limitation expressed on a mass basis in tons per year, or expressed in
tons per year CO2e for a GHG emission limitation, for a
pollutant at a major stationary source, that is enforceable as a
practical matter and established source-wide in accordance with
paragraphs (aa)(1) through (15) of this section.
* * * * *
    (viii) PAL major modification means, notwithstanding paragraphs
(b)(2) and (b)(3) of this section (the definitions for major
modification and net emissions increase), any physical change in or
change in the method of operation of the PAL source that causes it to
emit the PAL pollutant at a level equal to or greater than the PAL.
    (ix) PAL permit means the major NSR permit, the minor NSR permit,
or the State operating permit under a program that is approved into the
State Implementation Plan, or the title V permit issued by the
Administrator that establishes a PAL for a major stationary source.
    (x) PAL pollutant means the pollutant for which a PAL is
established at a major stationary source.
    (xi) Significant emissions unit means an emissions unit that emits
or has the potential to emit a PAL pollutant in an amount that is equal
to or greater than the significant level (as defined in paragraph
(b)(23) of this section or in the Act, whichever is lower) for that PAL
pollutant, but less than the amount that would qualify the unit as a
major emissions unit as defined in paragraph (aa)(2)(iv) of this
section.
    (3) Permit application requirements. As part of a permit
application requesting a PAL, the owner or operator of a major
stationary source shall submit the following information to the
Administrator for approval:
* * * * *
    (4) * * *
    (i) The Administrator is allowed to establish a PAL at a major
stationary source, provided that at a minimum, the requirements in
paragraphs (aa)(4)(i)(a) through (g) of this section are met.
    (a) The PAL shall impose an annual emission limitation expressed on
a mass basis in tons per year, or expressed in tons per year
CO2e for a GHG PAL, that is enforceable as a practical
matter, for the entire major stationary source. For each month during
the PAL effective period after the first 12 months of establishing a
PAL, the major stationary source owner or operator shall show that the
sum of the monthly emissions from each emissions unit under the PAL for
the previous 12 consecutive months is less than the PAL (a 12-month
average, rolled monthly). For each month during the first 11 months
from the PAL effective date, the major stationary source owner or
operator shall show that the sum of the preceding monthly emissions
from the PAL effective date for each emissions unit under the PAL is
less than the PAL.
* * * * *
    (d) The PAL shall include fugitive emissions, to the extent
quantifiable, from all emissions units that emit or have the potential
to emit the PAL pollutant at the major stationary source.
* * * * *
    (g) The owner or operator of the major stationary source with a PAL
shall comply with the monitoring, recordkeeping, and reporting
requirements provided in paragraphs (aa)(12) through (14) of this
section for each emissions unit under the PAL through the PAL effective
period.
* * * * *
    (5) Public participation requirements for PALs. PALs for existing
major stationary sources shall be established, renewed, or increased
through a procedure that is consistent with Sec. Sec.  51.160 and
51.161 of this chapter. This includes the requirement that the
Administrator provide the public with notice of the proposed approval
of a PAL permit and at least a 30-day period for submittal of public
comment. The Administrator must address all material comments before
taking final action on the permit.
    (6) * * *
    (i) Except as provided in paragraph (aa)(6)(ii) and (iii) of this
section, the plan shall provide that the actuals PAL level for a major
stationary source shall be established as the sum of the baseline
actual emissions (as defined in paragraph (b)(48) of this section) of
the PAL pollutant for each emissions unit at the source; plus an amount
equal to the applicable significant level for the PAL pollutant under
paragraph (b)(23) of this section or under the Act, whichever is lower.
When establishing the actuals PAL level, for a PAL pollutant, only one
consecutive 24-month period must be used to determine the baseline
actual emissions for all existing emissions units. However, a different
consecutive 24-month period may be used for each different PAL
pollutant. Emissions associated with units that were permanently shut
down after this 24-month period must be subtracted from the PAL level.
The reviewing authority shall specify a reduced PAL level(s) in tons
per year (or tons per year CO2e for a GHG PAL) in the PAL
permit to become effective on the future compliance date(s) of any
applicable Federal or State regulatory requirement(s) that the
reviewing authority is aware of prior to issuance of the PAL permit.
For instance, if the source owner or operator will be required to
reduce emissions from industrial boilers in half from baseline
emissions of 60 ppm NOX to a new rule limit of 30 ppm, then
the permit shall contain a future effective PAL level that is equal to
the current PAL level reduced by half of the original baseline
emissions of such unit(s).
* * * * *
    (7) Contents of the PAL permit. The PAL permit must contain, at a
minimum, the information in paragraphs (aa)(7)(i) through (x) of this
section.
    (i) The PAL pollutant and the applicable source-wide emission
limitation in tons per year, or in tons per year CO2e for a
GHG PAL.
* * * * *
    (iii) Specification in the PAL permit that if a major stationary
source owner or operator applies to renew a PAL in accordance with
paragraph (aa)(10) of this section before the end of the PAL effective
period, then the PAL shall not expire at the end of the PAL effective
period. It shall remain in effect until a revised PAL permit is issued
by a reviewing authority.
* * * * *
    (v) A requirement that, once the PAL expires, the major stationary
source is subject to the requirements of paragraph (aa)(9) of this
section.
    (vi) The calculation procedures that the major stationary source
owner or operator shall use to convert the monitoring system data to
monthly emissions and annual emissions based

on a 12-month rolling total as required by paragraph (aa)(13)(i) of
this section.
    (vii) A requirement that the major stationary source owner or
operator monitor all emissions units in accordance with the provisions
under paragraph (aa)(12) of this section.
* * * * *
    (8) * * *
    (ii) * * *
    (b) * * *
    (2) Reduce the PAL consistent with any other requirement, that is
enforceable as a practical matter, and that the State may impose on the
major stationary source under the State Implementation Plan; and
* * * * *
    (9)  * * *
    (i) * * *
    (a) Within the time frame specified for PAL renewals in paragraph
(aa)(10)(ii) of this section, the major stationary source shall submit
a proposed allowable emission limitation for each emissions unit (or
each group of emissions units, if such a distribution is more
appropriate as decided by the Administrator) by distributing the PAL
allowable emissions for the major stationary source among each of the
emissions units that existed under the PAL. If the PAL had not yet been
adjusted for an applicable requirement that became effective during the
PAL effective period, as required under paragraph (aa)(10)(v) of this
section, such distribution shall be made as if the PAL had been
adjusted.
* * * * *
    (iv) Any physical change or change in the method of operation at
the major stationary source will be subject to major NSR requirements
if such change meets the definition of major modification in paragraph
(b)(2) of this section.
    (v) The major stationary source owner or operator shall continue to
comply with any State or Federal applicable requirements (BACT, RACT,
NSPS, etc.) that may have applied either during the PAL effective
period or prior to the PAL effective period except for those emission
limitations that had been established pursuant to paragraph (r)(4) of
this section, but were eliminated by the PAL in accordance with the
provisions in paragraph (aa)(1)(ii)(c) of this section.
    (10) * * *
    (i) The Administrator shall follow the procedures specified in
paragraph (aa)(5) of this section in approving any request to renew a
PAL for a major stationary source, and shall provide both the proposed
PAL level and a written rationale for the proposed PAL level to the
public for review and comment. During such public review, any person
may propose a PAL level for the source for consideration by the
Administrator.
    (ii) Application deadline. A major stationary source owner or
operator shall submit a timely application to the Administrator to
request renewal of a PAL. A timely application is one that is submitted
at least 6 months prior to, but not earlier than 18 months from, the
date of permit expiration. This deadline for application submittal is
to ensure that the permit will not expire before the permit is renewed.
If the owner or operator of a major stationary source submits a
complete application to renew the PAL within this time period, then the
PAL shall continue to be effective until the revised permit with the
renewed PAL is issued.
* * * * *
    (iv) * * *
    (c) * * *
    (1) If the potential to emit of the major stationary source is less
than the PAL, the Administrator shall adjust the PAL to a level no
greater than the potential to emit of the source; and
    (2) The Administrator shall not approve a renewed PAL level higher
than the current PAL, unless the major stationary source has complied
with the provisions of paragraph (aa)(11) of this section (increasing a
PAL).
* * * * *
    (11) * * *
    (i) The Administrator may increase a PAL emission limitation only
if the major stationary source complies with the provisions in
paragraphs (aa)(11)(i)(a) through (d) of this section.
    (a) The owner or operator of the major stationary source shall
submit a complete application to request an increase in the PAL limit
for a PAL major modification. Such application shall identify the
emissions unit(s) contributing to the increase in emissions so as to
cause the major stationary source's emissions to equal or exceed its
PAL.
    (b) As part of this application, the major stationary source owner
or operator shall demonstrate that the sum of the baseline actual
emissions of the small emissions units, plus the sum of the baseline
actual emissions of the significant and major emissions units assuming
application of BACT equivalent controls, plus the sum of the allowable
emissions of the new or modified emissions unit(s) exceeds the PAL. The
level of control that would result from BACT equivalent controls on
each significant or major emissions unit shall be determined by
conducting a new BACT analysis at the time the application is
submitted, unless the emissions unit is currently required to comply
with a BACT or LAER requirement that was established within the
preceding 10 years. In such a case, the assumed control level for that
emissions unit shall be equal to the level of BACT or LAER with which
that emissions unit must currently comply.
* * * * *
    (12) * * *
    (i) * * *
    (a) Each PAL permit must contain enforceable requirements for the
monitoring system that accurately determines plantwide emissions of the
PAL pollutant in terms of mass per unit of time or, in CO2e
per unit of time for a GHG PAL. Any monitoring system authorized for
use in the PAL permit must be based on sound science and meet generally
acceptable scientific procedures for data quality and manipulation.
Additionally, the information generated by such system must meet
minimum legal requirements for admissibility in a judicial proceeding
to enforce the PAL permit.
* * * * *
    (14) * * *
    (i) * * *
    (b) Total annual emissions (expressed on a mass-basis in tons per
year, or expressed in tons per year CO2e for a GHG PAL)
based on a 12-month rolling total for each month in the reporting
period recorded pursuant to paragraph (aa)(13)(i) of this section.
* * * * *
    (d) A list of any emissions units modified or added to the major
stationary source during the preceding 6-month period.
* * * * *
    (ii) Deviation report. The major stationary source owner or
operator shall promptly submit reports of any deviations or exceedance
of the PAL requirements, including periods where no monitoring is
available. A report submitted pursuant to Sec.  70.6(a)(3)(iii)(B) of
this chapter shall satisfy this reporting requirement. The deviation
reports shall be submitted within the time limits prescribed by the
applicable program implementing Sec.  70.6(a)(3)(iii)(B) of this
chapter. The reports shall contain the following information:
* * * * *

Subpart Y--Minnesota

Sec.  52.1233   [Amended]

0
5. Section 52.1233(b) is removed.
* * * * *

Subpart SS--Texas

Sec.  52.2305   [Amended]

0
6. Section 52.2305 is removed and reserved.
* * * * *

Subpart YY--Wisconsin

Sec.  52.2590   [Amended]

0
7. Section 52.2590 is removed and reserved.
* * * * *

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

0
8. The authority citation for part 60 continues to read as follows:

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

Subpart OOOOa---Standards of Performance for Crude Oil and Natural
Gas Facilities for Which Construction, Modification or
Reconstruction Commenced After September 18, 2015

Sec.  60.5360a   [Amended]

0
9. Section 60.5360a is amended by removing and reserving paragraph (b).

Subpart TTTT--Standards of Performance for Greenhouse Gas Emissions
for Electric Generating Units

Sec.  60.5515   [Amended]

0
10. Section 60.5515 is amended by removing and reserving paragraph (b).

Subpart UUUU--Emission Guidelines for Greenhouse Gas Emissions and
Compliance Times for Electric Utility Generating Units

Sec.  60.5705   [Amended]

0
11. Section 60.5705 is amended by removing and reserving paragraph (b).

PART 70-- STATE OPERATING PERMIT PROGRAMS

0
15. The authority citation for part 70 continues to read as follows:

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

0
16. Section 70.2 is amended by:
0
a. Adding in alphabetical order a definition for ``Greenhouse gases;''
0
b. Revising the introductory text paragraph (2) for the definition of
``Major source;'' and
0
c. Revising the definition of ``Subject to regulation''.
    The revisions and addition read as follows:

Sec.  70.2  Definitions.

* * * * *
    Greenhouse gases (GHGs) means the air pollutant defined in Sec.
86.1818-12(a) of this chapter as the aggregate group of six greenhouse
gases: Carbon dioxide, nitrous oxide, methane, hydrofluorocarbons,
perfluorocarbons, and sulfur hexafluoride. To represent an amount of
GHGs emitted, the term tpy CO2 equivalent emissions
(CO2e) shall be used and computed as follows:
    (1) Multiply the mass amount of emissions (tpy), for each of the
six greenhouse gases in the pollutant GHGs, by the gas's associated
global warming potential published at Table A-1 to subpart A of part 98
of this chapter--Global Warming Potentials.
    (2) Sum the resultant value for each gas to compute a tpy
CO2e.
    Major source means * * *
    (1) * * *
    (2) A major stationary source of air pollutants, as defined in
section 302 of the Act, that directly emits, or has the potential to
emit, 100 tpy or more of any air pollutant subject to regulation except
the pollutant greenhouse gases as defined in this section. This
definition of major stationary source includes any major source of
fugitive emissions of any such pollutant (except the pollutant
greenhouse gases as defined in this section), as determined by rule by
the Administrator. The fugitive emissions of a stationary source shall
not be considered in determining whether it is a major stationary
source for the purposes of section 302(j) of the Act, unless the source
belongs to one of the following categories of stationary source:
* * * * *
    Subject to regulation means, for any air pollutant, that the
pollutant is subject to either a provision in the Clean Air Act, or a
nationally-applicable regulation codified by the Administrator in
subchapter C of this chapter, that requires actual control of the
quantity of emissions of that pollutant, and that such a control
requirement has taken effect and is operative to control, limit or
restrict the quantity of emissions of that pollutant released from the
regulated activity. Pollutants subject to regulation include, but are
not limited to, greenhouse gases as defined in this section.

Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs

0
17. Appendix A to Part 70 is amended by:
0
a. Removing paragraph (d) under Alabama;
0
b. Removing paragraph (jj) under California;
0
c. Removing paragraph (c) under Colorado;
0
d. Removing paragraph (d) under District of Columbia;
0
e. Removing paragraph (c) under Georgia;
0
f. Removing paragraph (d) under Hawaii;
0
g. Removing paragraph (c) under Illinois;
0
h. Removing and reserving paragraph (m) under Iowa;
0
i. Removing and reserving paragraph (e) under Kansas;
0
j. Removing paragraph (c) under Louisiana;
0
k. Removing paragraph (c) under Maine;
0
l. Removing paragraph (d) under Maryland;
0
m. Removing paragraph (d) under Minnesota;
0
n. Removing paragraph (c) under Mississippi;
0
o. Removing and reserving paragraph (x) under Missouri;
0
p. Removing and reserving paragraph (k) under Nebraska, City of Omaha;
Lincoln Lancaster County Health Department;
0
q. Removing paragraph (d) under Nevada;
0
r. Removing paragraph (c) under New Hampshire;
0
s. Removing paragraph (e) under New York;
0
t. Removing paragraph (d) under Ohio;
0
u. Removing paragraph (c) under Oklahoma;
0
v. Removing and reserving paragraph (c) under Pennsylvania;
0
w. Removing paragraph (c) under Rhode Island;
0
x. Removing paragraph (c) under South Carolina;
0
y. Removing paragraph (c) under South Dakota;
0
z. Removing paragraph (f) under Tennessee;
0
aa. Removing paragraph (c) under Utah;
0
bb. Removing paragraph (c) under Vermont;
0
cc. Removing paragraph (c) under Virgin Islands;
0
dd. Removing paragraph (c) under Virginia;
0
ee. Removing paragraph (j) under Washington;
0
ff. Removing paragraph (f) under West Virginia; and
0
gg. Removing paragraph (c) under Wisconsin.

PART 71--FEDERAL OPERATING PERMIT PROGRAMS

0
18. The authority citation for part 71 continues to read as follows:

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

0
19. Section 71.2 is amended by:
0
a. Adding in alphabetical order a definition for ``Greenhouse gases;''
0
b. Revising the introductory text paragraph (2) for the definition of
``Major source;'' and
0
c. Revising the definition of ``Subject to regulation''.
    The revisions and addition read as follows:

Sec.  71.2  Definitions.

* * * * *
    Greenhouse gases (GHGs) means the air pollutant defined in Sec.
86.1818-12(a) of this chapter as the aggregate group of six greenhouse
gases: Carbon dioxide, nitrous oxide, methane, hydrofluorocarbons,
perfluorocarbons and sulfur hexafluoride. To represent an amount of
GHGs emitted, the term tpy CO2 equivalent emissions
(CO2e) shall be used and computed as follows:
    (1) Multiply the mass amount of emissions (tpy), for each of the
six greenhouse gases in the pollutant GHGs, by the gas's associated
global warming potential published at Table A-1 to subpart A of part 98
of this chapter--Global Warming Potentials.
    (2) Sum the resultant value for each gas to compute a tpy
CO2e.
* * * * *
    Major source means * * *
    (1) * * *
    (2) A major stationary source of air pollutants, as defined in
section 302 of the Act, that directly emits, or has the potential to
emit, 100 tpy or more of any air pollutant subject to regulation except
the pollutant greenhouse gases as defined in this section. This
definition of major stationary source includes any major source of
fugitive emissions of any such pollutant (except the pollutant
greenhouse gases as defined in this section), as determined by rule by
the Administrator. The fugitive emissions of a stationary source shall
not be considered in determining whether it is a major stationary
source for the purposes of section 302(j) of the Act, unless the source
belongs to one of the following categories of stationary source:
* * * * *
    Subject to regulation means, for any air pollutant, that the
pollutant is subject to either a provision in the Clean Air Act, or a
nationally-applicable regulation codified by the Administrator in
subchapter C of this chapter, that requires actual control of the
quantity of emissions of that pollutant, and that such a control
requirement has taken effect and is operative to control, limit or
restrict the quantity of emissions of that pollutant released from the
regulated activity. Pollutants subject to regulation include, but are
not limited to, greenhouse gases as defined in this section.
* * * * *
[FR Doc. 2016-21475 Filed 9-30-16; 8:45 am]
 BILLING CODE 6560-50-P