LPI 6194 Concentrate

Seed Treatment

FOR USE ONLY BY COMMERCIAL SEED TREATMENT FACILITIES

A unique seed treatment designed to promote early germination and
quicker root development

ACTIVE INGREDIENT

Indole-3-butyric
acid:…………………………………………………………
……………………….0.02%

Salicylic
Acid:…………………………………………………………
………………………………0.04%

Chitosan:………………………………………………………
………………………………………1.00%

OTHER
INGREDIENTS……………………………………………………
………………………..98.94%

TOTAL…………………………………………………………
…………………………………….100.0%

EPA Reg. No.  34704-RNLL	EPA Est. No.  34704-MS-02

Net Contents:  XX  Gal. (YY L)

KEEP OUT OF REACH OF CHILDREN

CAUTION

	Formulated for:

Loveland Products, Inc.

PO Box 1286

Greeley, CO 80632

Read the entire label before using this product.  Read “CONDITIONS OF
SALE AND LIMITATION OF WARRANTY AND LIABILITY” before buying or using.
 If terms are not acceptable, return at once unopened.

FIRST AID

If in Eyes:	Hold eye open and rinse slowly and gently with water for
15-20 minutes.  Remove contact lenses, if present, after the first 5
minutes, then continue rinsing eye.  Call a poison control center or
doctor for treatment advice.

If on Skin or Clothing:	Take off contaminated clothing.  Rinse skin
immediately with plenty of water for 15-20 minutes.  Call a poison
control center or doctor for treatment advice.

If Swallowed:	Call a poison control center or doctor immediately for
treatment advice.  Have the person sip a glass of water if able to
swallow.  Do not induce vomiting unless told to do so by the poison
control center or doctor.  Do not give anything by mouth to an
unconscious person.

If Inhaled:	Move the person to fresh air.  If the person is not
breathing, call 911 or an ambulance, then give artificial respiration,
preferable by mouth-to-mouth, if possible.  Call a poison control center
or doctor for treatment advice.

Have the product container or label with you when calling a poison
control center or doctor, or going for treatment.  FOR A MEDICAL
EMERGENCY INVOLVING THIS PRODUCT CALL:  1-866-944-8565

PRECAUTIONARY STATEMENTS

Hazard to Humans and Domestic Animals

CAUTION

Personal Protective Equipment (PPE):

Applicators and other handlers must wear:  Long sleeved shirt and long
pants, shoes plus socks, and waterproof gloves.  Particulate dust mask
when mixing.

Follow the manufacturer's instructions for cleaning/ maintaining PPE.
If no such instructions for washables, use detergent and hot water.
Keep and wash PPE separately from other laundry.

User Safety Recommendations

 Users should wash hands before eating, drinking, chewing gum, using
tobacco, or using the toilet.  Remove clothing immediately if pesticide
gets inside.  Then wash thoroughly and put on clean clothing.

Environmental Hazards:  Do not apply directly to water, or to areas
where surface water is present or to intertidal areas below the mean
high water mark.  Do not contaminate water when cleaning equipment or
disposing of equipment washwaters.

AGRICULTURAL USE REQUIREMENTS

Use this product only in accordance with its labeling and with the
Worker Protection Standard, 40 CFR Part 170.  This standard contains
requirements for the protection of agricultural workers on farms,
forests, nurseries, and greenhouses, and handlers of agricultural
pesticides.  It contains requirements for training, decontamination,
notification, and emergency assistance.  It also contains specific
instructions and exceptions pertaining to the statements on this label
about personal protective equipment (PPE), and restricted-entry
interval.  The requirements in this box only apply to uses of this
product that are covered by the Worker Protection Standard.

Do not enter or allow worker entry into treated areas during the
restricted-entry interval (REI) of 4 hours.

Exception: After treated seeds are planted, the Worker Protection
Standard, under certain circumstances, allows workers to enter the
planted areas if there will be no contact with anything that has been
treated.

PPE required for early entry to treated areas that is permitted under
the Worker Protection Standard and that involves contact with anything
that has been treated, such as plants, soil, or water, is: coveralls
over long-sleeved shirt and long pants, shoes plus socks, waterproof
gloves and protective eyewear.

Store treated seed away from food and feedstuffs.

Do not allow children, pets or livestock to have access to treated
seeds.

Cover or collect treated seeds spilled during loading and planting (such
as in row ends).

Dispose all excess treated seed by burying seed away from bodies of
water.

Dispose of seed packaging or containers in accordance with local
requirements.

DIRECTIONS FOR USE

It is a violation of Federal Law to use this product in a manner
inconsistent with its labeling.  For any requirements specific to your
State or Tribe, consult the State or Tribal agency responsible for
pesticide regulation.

Do not apply this product in a way that will contact workers or other
persons, either directly or through drift.  Only protected handlers may
be in the area during application.

GENERAL INFORMATION

GROWTH ENHANCEMENT

Use LPI 6194 Concentrate to increase plant health and vigor, to increase
root mass, and to enhance crop quality and production.

USE ADVISORIES

Not for use on agricultural establishments in hopper-box, planter-box,
slurry-box or other seed treatment applications at or immediately before
planting.

COLORING

All seed treated commercially with this product must be colored with an
EPA-approved dye or colorant of a suitable color to prevent accidental
use as food for man or feed for animals.

MIXING WITH OTHER SEED TREATMENT PRODUCTS

Read and follow the entire label of each product to be used in
combination with this product.

USE PROMPTLY

Use product within 8 hours of mixing with water.  Reseal unopened
containers to minimize exposure to air and moisture.

APPLICATION INSTRUCTIONS

LPI 6194 Concentrate may be applied as a seed treatment by commercial
seed treatment facilities.  Mix thoroughly and treat seed.  Use
application rates as specified on crops listed below.  LPI 6194
Concentrate may be mixed with certain other commercial seed treatments.
Use of the resulting mix must be in accordance with the more restrictive
label limitations and precautions.  Allow treated seeds to dry as
appropriate before further handling.

SLURRY TREATMENT

LPI 6194 Concentrate may be applied as a water-based slurry through
standard slurry or mist-type commercial seed treatment equipment.  Add
an EPA-approved dye (40 CFR Section 180.910-920) or colorant that
imparts unnatural color to resulting slurry.  Mix the slurry thoroughly
with the seeds to provide uniform coverage.

LPI 6194 Concentrate must be applied with a total slurry of at least 6.0
fl. oz. per 100 lb. of seeds.  Note that this slurry volume may be
composed of water or other EPA approved insecticides, fungicides, or
other seed treatments.  Always apply enough solution to ensure adequate
seed coverage.

Seeds	Amount of LPI 6194 solution in fl. oz. per 100 lb. weight

Barley, millet, oats, rye, sorghum, triticale	0.33-1.00 fl. oz.

Bean (lima) and peas	0.33-1.00 fl. oz.

Beans (snap & dry, cowpeas)	0.33-1.00 fl. oz.

Broccoli, Brussels sprouts, cabbage, cauliflower, collards, kale,
kohlrabi, mustard, turnip	0.33-1.00 fl. oz.

Beet (garden), sweet chard	0.33-1.00 fl. oz.

Canola	0.33-1.00 fl. oz.

Cantaloupe, cucumber, pumpkin, squash, watermelon	0.33-1.00 fl. oz.

Carrot, endive, lettuce, pepper, radish, spinach	0.33-1.00 fl. oz.

Corn (field)	0.33-1.00 fl. oz.

Corn (sweet)	0.33-1.00 fl. oz.

Eggplants	0.33-1.00 fl. oz.

Cotton (acid delinted, re-ginned, and fuzzy)	0.33-1.00 fl. oz.

Flax	0.33-1.00 fl. oz.

Grasses	0.33-1.00 fl. oz.

Onion	0.33-1.00 fl. oz.

Ornamental flower seed	0.33-1.00 fl. oz.

Peanuts	0.33-1.00 fl. oz.

Rice	0.33-1.00 fl. oz.

Safflower, sunflower	0.33-1.00 fl. oz.

Small seed legumes	0.33-1.00 fl. oz.

Soybeans	0.33-1.00 fl. oz.

Sugar beets	0.33-1.00 fl. oz.

Tomato	0.33-1.00 fl. oz.

Wheat	0.33-1.00 fl. oz.

All other vegetable seed	0.33-1.00 fl. oz.

NOTE:

Do not use treated seed for food, oil or feed purposes.

The slurry rate can be adjusted to ensure thorough coverage.

LPI 6194 Concentrate is compatible with other agrochemicals.  However,
pre-testing evaluation is required.

Store in cool, dry and dark conditions.

The Federal Seed Act requires that bags containing seed treatment with
this product shall be labeled with the following information: “This
seed has been treated with Salicylic acid, Chitosan and Indole-3-butyric
acid.  Do not use for food, feed or oil purposes.”

STORAGE AND DISPOSAL

Do not contaminate water, food, or feed by storage or disposal.

Pesticide Storage:  Store in a cool, dry location, out of direct
sunlight, and away from exposure to air and moisture.  Do not store in
temperatures over 110 °F for more than seven days.

Pesticide Disposal:  Wastes resulting from the use of this product may
be disposed of on site or at an approved waste disposal facility.

CONTAINER HANDLING:

Nonrefillable container. Do not reuse this container to hold materials
other than pesticides or dilute pesticides (rinsate).  After emptying
and cleaning, it may be allowable to temporarily hold rinsate or other
pesticide-related materials in the container.  Contact your state
regulatory agency to determine allowable practices in your state.  Once
cleaned, some agricultural plastic pesticide containers can be taken to
a container collection site or picked up for recycling.  To find the
nearest site, contact your chemical dealer or manufacturer, or contact
The Agricultural Container Recycling Council (ACRC) at
www.acrecycle.org.  If not recycled, then puncture and dispose of in a
sanitary landfill, or incineration, or if allowed by state and local
authorities, by burning.  If burned, stay out of smoke.  Triple rinse or
pressure rinse container (or equivalent) promptly after emptying.

For packages up to 5 gallons: Triple rinse as follows: Empty the
remaining contents into application equipment or a mix tank and drain
for 10 seconds after the flow begins to drip.  Fill the container ¼
full with water and recap.  Shake for 10 seconds.  Pour rinsate into
application equipment or a mix tank or store rinsate for later use or
disposal.  Drain for 10 seconds after the flow begins to drip.  Repeat
this procedure two more times.  Pressure rinse as follows: Empty the
remaining contents into application equipment or a mix tank and continue
to drain for 10 seconds after the flow begins to drip.  Hold container
upside down over application equipment or mix tank or collect rinsate
for later use or disposal. Insert pressure rinsing nozzle in the side of
the container, and rinse at about 40 PSI for at least 30 seconds. Drain
for 10 seconds after the flow begins to drip.

For packages greater than 5 gallons and less than 56 gallons: Triple
rinse as follows: Empty the remaining contents into application
equipment or a mix tank.  Fill the container ¼ full with water. Replace
and tighten closures.  Tip container on its side and roll it back and
forth, ensuring at least one complete revolution, for 30 seconds.  Stand
the container on its end and tip it back and forth several times. Turn
the container over onto its other end and tip it back and forth several
times.  Empty the rinsate into application equipment or a mix tank or
store rinsate for later use or disposal.  Repeat this procedure two more
times.  Pressure rinse as follows: Empty the remaining contents into
application equipment or a mix tank and continue to drain for 10 seconds
after the flow begins to drip.  Hold container upside down over
application equipment or mix tank or collect rinsate for later use or
disposal.  Insert pressure rinsing nozzle in the side of the container,
and rinse at about 40 PSI for at least 30 seconds.  Drain for 10 seconds
after the flow begins to drip.

For packages greater than 56 gallons: To clean the container before
final disposal, empty the remaining contents from this container into
application equipment or mix tank.  Fill the container about 10 percent
full with water.  Agitate vigorously or recirculate water with the pump
for 2 minutes.  Pour or pump rinsate into application equipment or
rinsate collection system.  Repeat this rinsing procedure two more
times.

For refillable containers: Refill this container with LPI 6194
Concentrate only.  Do not reuse this container for any other purpose.
Cleaning the container before final disposal is the responsibility of
the person disposing of the container.  Cleaning before refilling is the
responsibility of the refiller.  To clean the container before final
disposal, empty the remaining contents from this container into
application equipment or mix tank. Fill the container about 10 percent
full with water.  Agitate vigorously or recirculate water with the pump
for 2 minutes.  Pour or pump rinsate into application equipment or
rinsate collection system.  Repeat this rinsing procedure two more
times.  For final disposal, offer for recycling or reconditioning if
appropriate, or puncture and dispose of in a sanitary landfill, or by
other procedures approved by state and local authorities.

For help with any spill, leak, fire or exposure involving this material,
call day or night CHEMTRAC: 1-800-424-9300.

CONDITIONS OF SALE AND LIMITATION OF WARRANTY AND LIABILITY

BEFORE BUYING OR USING THIS PRODUCT, read the entire Directions for Use
and the following Conditions of Sale and Limitation of Warranty and
Liability.  By buying or using this product, the buyer or user accepts
the following Conditions of Sale and Limitation of Warranty and
Liability, which no employee or agent of LOVELAND PRODUCTS, INC. or the
seller is authorized to vary in any way.

Follow the Directions for Use of this product carefully.  It is
impossible to eliminate all risks inherently associated with the use of
this product.  Crop or other plant injury, ineffectiveness, or other
unintended consequences may result from such risks as weather or crop
conditions, mixture with other chemicals not specifically identified in
this product’s label, or use of this product contrary to the label
instructions, all of which are beyond the control of LOVELAND PRODUCTS,
INC. and the seller.  The buyer or user of this product assumes all such
inherent risks.

Subject to the foregoing inherent risks, LOVELAND PRODUCTS, INC.
warrants that this product conforms to the chemical description on the
label and is reasonably fit for the purposes stated in the Directions
for Use when the product is used in strict accordance with such
Directions for Use under normal conditions of use.  EXCEPT AS WARRANTED
IN THIS LABEL AND TO THE EXTENT CONSISTENT WITH APPLICABLE LAW, THIS
PRODUCT IS SOLD “AS IS,” AND LOVELAND PRODUCTS, INC. MAKES NO OTHER
WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ELIGIBILITY OF
THIS PRODUCT FOR ANY PARTICULAR TRADE USAGE.

IN THE UNLIKELY EVENT THAT BUYER OR USER BELIEVES THAT LOVELAND
PRODUCTS, INC. HAS BREACHED A WARRANTY CONTAINED IN THIS LABEL AND TO
THE EXTENT REQUIRED BY APPLICABLE LAW,  BUYER OR USER MUST SEND WRITTEN
NOTICE OF ITS CLAIM TO THE FOLLOWING ADDRESS:  LOVELAND PRODUCTS, INC.,
ATTENTION: LAW DEPARTMENT, PO BOX 1286, GREELEY, CO 80632.

TO THE EXTENT CONSISTENT WITH APPLICABLE LAW, THE BUYER’S OR USER’S
EXCLUSIVE REMEDY FOR ANY INJURY, LOSS, OR DAMAGE RESULTING FROM THE
HANDLING OR USE OF THIS PRODUCT, INCLUDING BUT NOT LIMITED TO CLAIMS OF
BREACH OF WARRANTY OR CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER
TORTS, SHALL BE LIMITED TO ONE OF THE FOLLOWING, AT THE ELECTION OF
LOVELAND PRODUCTS, INC. OR THE SELLER: DIRECT DAMAGES NOT EXCEEDING THE
PURCHASE PRICE OF THE PRODUCT OR REPLACEMENT OF THE PRODUCT. TO THE
EXTENT CONSISTENT WITH APPLICABLE LAW, LOVELAND PRODUCTS, INC. AND THE
SELLER SHALL NOT BE LIABLE TO THE BUYER OR USER OF THIS PRODUCT FOR ANY
CONSEQUENTIAL, SPECIAL, OR INDIRECT DAMAGES, OR DAMAGES IN THE NATURE OF
A PENALTY.

Page   PAGE  6  of 6


[Federal Register Volume 87, Number 195 (Tuesday, October 11, 2022)]
[Notices]
[Page 61311]
[FR Doc No: 2022-22033]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER23-8-000]

Microgrid Networks LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Microgrid Networks LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is October 24, 2022.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: October 4, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-22033 Filed 10-7-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 156 (Monday, August 13, 2018)]
[Notices]
[Pages 40035-40036]
[FR Doc No: 2018-17353]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC98-2-001; ER18-2162-000.
    Applicants: Louisville Gas and Electric Company, Kentucky Utilities
Company.
    Description: Joint Application under FPA Section 203 and Section
205 of Louisville Gas and Electric Company, et al.
    Filed Date: 8/3/18.
    Accession Number: 20180803-5189.
    Comments Due: 5 p.m. ET 8/24/18.

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG18-119-000.
    Applicants: Stillwater Wind, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Stillwater Wind, LLC.
    Filed Date: 8/7/18.
    Accession Number: 20180807-5034.
    Comments Due: 5 p.m. ET 8/28/18.

    Docket Numbers: EG18-120-000.
    Applicants: Crazy Mountain Wind LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Crazy Mountain Wind LLC.
    Filed Date: 8/7/18.
    Accession Number: 20180807-5037.
    Comments Due: 5 p.m. ET 8/28/18.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER18-1575-001.
    Applicants: NorthWestern Corporation.
    Description: Compliance filing: Erratum to Order No. 842 Compliance
Filing (South Dakota OATT) to be effective 5/15/2018.
    Filed Date: 8/7/18.
    Accession Number: 20180807-5058.
    Comments Due: 5 p.m. ET 8/28/18.

    Docket Numbers: ER18-1791-001.
    Applicants: Duke Energy Florida, LLC.
    Description: Tariff Amendment: DEF--Notice of Termination (US
EcoGen Polk, LLC SA-180) Deficiency Response to be effective 8/15/2018.
    Filed Date: 8/6/18.
    Accession Number: 20180806-5116.
    Comments Due: 5 p.m. ET 8/27/18.

    Docket Numbers: ER18-1823-001.
    Applicants: Walleye Power, LLC.
    Description: Compliance filing: Notice of Reactive Tariff Effective
Date--Succession Filing to be effective 7/31/2018.
    Filed Date: 8/7/18.
    Accession Number: 20180807-5054.
    Comments Due: 5 p.m. ET 8/28/18.

    Docket Numbers: ER18-2174-000.
    Applicants: New England Power Company.
    Description: Sec.  205(d) Rate Filing: Filing of G-33 Circuit
Support Agreement with Green Mountain Power Corp. to be effective 8/1/
2018.
    Filed Date: 8/6/18.
    Accession Number: 20180806-5112.
    Comments Due: 5 p.m. ET 8/27/18.

    Docket Numbers: ER18-2175-000.
    Applicants: Mid-Atlantic Interstate Transmission, LLC, West Penn
Power Company, The Potomac Edison Company, Monongahela Power Company,
Trans-Allegheny Interstate Line Company, American Transmission Systems,
Incorporated, PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: MAIT et al. submit
Interconnection Agreements, SA Nos. 2149, 3743 and 5110 to be effective
10/5/2018.
    Filed Date: 8/6/18.
    Accession Number: 20180806-5115.
    Comments Due: 5 p.m. ET 8/27/18.

    Docket Numbers: ER18-2176-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2018-08-07_SA 2484
Meadowlark Wind I-GRE 1st Rev GIA (G830) to be effective 7/24/2018.
    Filed Date: 8/7/18.
    Accession Number: 20180807-5007.
    Comments Due: 5 p.m. ET 8/28/18.

    Docket Numbers: ER18-2178-000.
    Applicants: Holloman Lessee, LLC.
    Description: Baseline eTariff Filing: Initial Market-Based Rate
Tariff of Holloman Lessee LLC to be effective 10/7/2018.
    Filed Date: 8/7/18.
    Accession Number: 20180807-5092.
    Comments Due: 5 p.m. ET 8/28/18.

    Docket Numbers: ER18-2179-000.
    Applicants: Black Hills Colorado Electric, Inc.
    Description: Sec.  205(d) Rate Filing: Notice of Succession (OATT)
to be effective 7/10/2018.
    Filed Date: 8/7/18.
    Accession Number: 20180807-5098.
    Comments Due: 5 p.m. ET 8/28/18.

    Docket Numbers: ER18-2180-000.
    Applicants: Black Hills Colorado Electric, Inc.
    Description: Sec.  205(d) Rate Filing: Notice of Succession
(WestConnect Point-to-Point) to be effective 7/10/2018.

    Filed Date: 8/7/18.
    Accession Number: 20180807-5099.
    Comments Due: 5 p.m. ET 8/28/18.

    Docket Numbers: ER18-2181-000.
    Applicants: Black Hills Colorado Electric, Inc.
    Description: Sec.  205(d) Rate Filing: Notice of Succession
(Agreements and Rate Schedules) to be effective 7/10/2018.
    Filed Date: 8/7/18.
    Accession Number: 20180807-5100.
    Comments Due: 5 p.m. ET 8/28/18.

    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 comment date. 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: August 7, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-17353 Filed 8-10-18; 8:45 am]
 BILLING CODE 6717-01-P


                      US ENVIRONMENTAL PROTECTION AGENCY
                          HUMAN STUDIES REVIEW BOARD
                      JANUARY 2013 PUBLIC MEETING AGENDA

               Environmental Protection Agency Conference Center
                 Lobby Level - One Potomac Yard (South Bldg.)
                  2777 S. Crystal Drive, Arlington, VA 22202

                          Thursday, January 17, 2013

                  HSRB WEB SITE http://www.epa.gov/osa/hsrb/
                       Docket Telephone:<PHONE_NUMBER>
                  Docket Number: EPA - HQ - ORD - 2012 - 0892

1:00 PM*	Convene Public Meeting  -  Jim Downing, Designated Federal Officer, EPA Human Studies Review Board, Office of the Science Advisor
           Introduction of Board Members  - Rebecca Parkin, Ph.D., MPH, HSRB Chair
	Welcome - Glenn Paulson, Ph.D., Science Advisor, EPA
	Opening Remarks  -  Steven Bradbury, Ph.D., Director, Office of Pesticide Programs (OPP), Office of Chemical Safety and Pollution Prevention, EPA
	Follow-up on Previous HSRB Recommendations  -  Mr. William Jordan, OPP, Office of Chemical Safety and Pollution Prevention, EPA

Session 1:	A completed study report from the Antimicrobial Exposure Assessment Task Force II (AEATF) in which the dermal and inhalation exposure of professional janitorial workers was monitored as they poured liquid antimicrobial pesticide products from conventional or reduced-splash containers into different sizes and types of receiving containers. EPA seeks the advice of the HSRB on the scientific soundness of this completed research and on its appropriateness for use in estimating exposure that results from pouring liquid antimicrobial pesticide products. EPA also seeks the advice of the HSRB on whether available information supports a determination that the study was conducted in substantial compliance with subparts K and L of 40 CFR Part 26.

1:40 PM 	EPA Science Review  -  Mr. Tim Leighton, (OPP, EPA), Jonathan Cohen, Ph.D. ICF International
2:15 PM 	Board Questions of Clarification  -  Rebecca Parkin, Ph.D., MPH (HSRB Chair), EPA, Principal Investigator/Sponsor
2:45 PM	EPA Ethics Assessment - Ms. Kelly Sherman (OPP, EPA)
3:15 PM	Board Questions of Clarification  -  Rebecca Parkin, Ph.D., MPH (HSRB Chair), EPA, Principal Investigator/Sponsor
3:45 PM	Break
3:55 PM 	Public Comments
4:05 PM	Board Discussion

Charge to the Board - Science:

   * Was the research reported in the Antimicrobial Exposure Assessment Task Force II
   * (AEATF) completed liquid pour study report (AEA05) faithful to the design and objectives of the protocol and governing documents of AEATF?

   * Has EPA adequately characterized, from a scientific perspective, the limitations on these data that should be considered when using the data in estimating the exposure of people who pour liquid antimicrobial pesticide products?

Charge to the Board - Ethics:

    * Does available information support a determination that the study was conducted in substantial compliance with subparts K and L of 40 CFR Part 26?

5:00 PM* 	Adjourn


[Federal Register Volume 78, Number 62 (Monday, April 1, 2013)]
[Proposed Rules]
[Pages 19434-19442]
[FR Doc No: 2013-07097]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 450

[EPA-HQ-OW-2010-0884; FRL-9794-6]
RIN 2040-AF44

Effluent Limitations Guidelines and Standards for the
Construction and Development Point Source Category

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing changes to the effluent limitations
guidelines and standards for the Construction and Development point
source category. EPA is proposing these changes pursuant to a
settlement agreement to resolve litigation. This proposed rule would
withdraw the numeric discharge standards, which are currently stayed,
and change several of the non-numeric provisions of the existing rule.

DATES: Comments must be received on or before May 31, 2013.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2010-0884, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for
submitting comments.
     Email<EMAIL_ADDRESS>Attention Docket Id. No. EPA-HQ-
OW-2010-0884.
     Mail: Water Docket, Environmental Protection Agency,
Docket Number EPA-HQ-OW-2010-0884, Mailcode: 4203M, 1200 Pennsylvania
Ave. NW., Washington, DC 20460.
     Hand Delivery: Water Docket, USEPA Docket Center, Room
3334, EPA West Building, 1301 Constitution Ave. NW., Washington, DC
20004. Attention

Docket Id. No. EPA-HQ-OW-2010-0884. Such deliveries are only accepted
during the Docket's normal hours of operation, and special arrangements
should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OW-2010-
0884. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the USEPA Docket Center, EPA
West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. 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 EPA
Docket Center is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Mr. Jesse W. Pritts at Engineering and
Analysis Division, Office of Water (4303T), Environmental Protection
Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone
number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

Regulated Entities
    Entities potentially regulated by this action include:

----------------------------------------------------------------------------------------------------------------
                                                                                North American industry
                    Category                         Examples of regulated entities       classification system
                                                                                (NAICS) code
----------------------------------------------------------------------------------------------------------------
Industry.......................................      Construction activities required to obtain NPDES permit
                                                         coverage and performing the following activities:
                                                ----------------------------------------------------------------
                                                 Construction of buildings, including                        236
                                                  building, developing and general
                                                  contracting.
                                                 Heavy and civil engineering                                 237
                                                  construction, including land
                                                  subdivision.
----------------------------------------------------------------------------------------------------------------

    EPA does not intend the preceding table to be exhaustive, but
provides it as a guide for readers regarding entities likely to be
regulated by this action. This table lists the types of entities that
EPA is now aware could potentially be regulated by this action. Other
types of entities not listed in the table could also be regulated. To
determine whether your facility is regulated by this action, you should
carefully examine the applicability criteria at 40 CFR 450.10 and the
definition of ``storm water discharges associated with industrial
activity'' and ``storm water discharges associated with small
construction activity'' in existing EPA regulations at 40 CFR
122.26(b)(14)(x) and 122.26(b)(15), respectively. If you have questions
regarding the applicability of this action to a particular site,
consult one of the persons listed for technical information in the
preceding FOR FURTHER INFORMATION CONTACT section.
Overview
    This preamble describes the terms, acronyms, and abbreviations used
in this document; the legal authority of this proposed rule; background
information; and a summary of the proposed changes.

Table of Contents

I. Legal Authority
II. Purpose & Summary of the Proposed Rule
III. Statutory and Executive Order Reviews

I. Legal Authority

    EPA is proposing these regulations under the authorities of
sections 101, 301, 304, 306, 308, 401, 402, 501 and 510 of the Clean
Water Act (CWA), 33 U.S.C. 1251, 1311, 1314, 1316, 1318, 1341, 1342,
1361 and 1370 and pursuant to the Pollution Prevention Act of 1990, 42
U.S.C. 13101 et seq.

II. Purpose & Summary of the Proposed Rule

A. Background

    EPA promulgated Effluent Limitations Guidelines and Standards for
the Construction and Development Point Source Category (hereafter
referred to as the ``C&D rule'') (74 FR 62995, Dec. 1, 2009). The final
rule established requirements based on Best Practicable Control
Technology Currently Available, Best Available Technology Economically
Achievable, Best Conventional Pollutant Control Technology, and New
Source Performance Standards based on Best Available Demonstrated
Control Technology.
    The rule included non-numeric requirements to:
     Implement erosion and sediment controls;
     Stabilize soils;
     Manage dewatering activities;
     Implement pollution prevention measures;

     Prohibit certain discharges; and
     Utilize surface outlets for discharges from basins and
impoundments.
    The December 2009 final rule also established a numeric limitation
on the allowable level of turbidity in discharges from certain
construction sites. The technology basis for the final numeric
limitation was passive treatment controls including polymer-aided
settling to reduce the turbidity in discharges.
    Following promulgation of the December 2009 final C&D rule, the
Wisconsin Home Builders Association, the National Association of Home
Builders (NAHB) and the Utility Water Act Group (UWAG) filed petitions
for review in the U.S. Circuit Courts of Appeals for the Fifth,
Seventh, and D.C. Circuits. The petitions were consolidated in the
Seventh Circuit. Wisconsin Builders Association, et al. v. EPA, Case
Nos. 09-4113, 10-1247, and 10-1876 (7th Cir.). On July 8, 2010, the
petitioners filed their briefs.
    In April 2010, the Small Business Administration (SBA) filed with
EPA a petition for administrative reconsideration of several technical
aspects of the C&D Rule. SBA identified potential deficiencies with the
dataset that EPA used to support its decision to adopt the numeric
turbidity limitation. In June 2010, NAHB also filed a petition for
administrative reconsideration with EPA incorporating by reference
SBA's argument regarding the deficiencies in the data.
    On August 12, 2010, EPA filed an unopposed motion with the Court
seeking to hold the litigation in abeyance until February 15, 2012 (see
EPA-HQ-OW-2010-0884-0085) and asking the Court to remand the record to
EPA and vacate the numeric limitation portion of the rule. In addition,
EPA agreed to reconsider the numeric limitation and to solicit site-
specific information regarding the applicability of the numeric
effluent limitation to cold weather sites and to small sites that are
part of a larger project.
    On August 24, 2010, the Court issued an order remanding the matter
to the Agency but without vacating the numeric limitation. Subsequently
on September 9, 2010, the petitioners filed an unopposed motion for
clarification or reconsideration of the Court's August 24, 2010 order,
asking the Court again to vacate the numeric limitation. On September
20, 2010, the Court remanded the administrative record to EPA, and
ordered the case held in abeyance until February 15, 2012, but did not
vacate the numeric limitation. EPA added additional information to the
docket to supplement the administrative record for the C&D rule (see
EPA-HQ-OW-2008-0465-2124 through EPA-HQ-OW-2008-0465-2134) and an
updated response to comment document (see EPA-HQ-OW-2008-0465-2135)
during this period.
    In November 2010, EPA issued a direct final regulation and a
companion proposed regulation to stay the numeric limitation at 40 CFR
450.22 indefinitely (75 FR 68215, November 5, 2010 and 75 FR 68305,
November 5, 2010). The proposed rule solicited comment due no later
than December 6, 2010. Since no adverse comments were received, the
direct final rule took effect on January 4, 2011.
    States are no longer required to incorporate the numeric turbidity
limitation and monitoring requirements found at Sec.  450.22(a) and
Sec.  450.22(b) into NPDES permits because the numeric limitation was
stayed. However, the remainder of the regulation is still in effect and
must be incorporated into newly issued NPDES permits.
    After issuing the stay of the numeric turbidity limitation, EPA
continued to consult with stakeholders regarding next steps with
respect to numeric discharge standards. EPA published a Federal
Register notice (77 FR 112, January 3, 2012) seeking data on the
effectiveness of technologies in controlling turbidity in discharges
from construction sites and information on other related issues. The
Agency is currently considering data and comments submitted in response
to this notice.
    EPA also continued to meet with the petitioners in an effort to
settle the litigation over the C&D rule. On December 10, 2012, EPA
entered into a settlement agreement with petitioners to resolve the
litigation (see Wisconsin Builders Association, et al. v. EPA, Case
Nos. 09-4113, 10-1247, and 10-1876 (7th Cir.)). The settlement
agreement provides for EPA to propose for public comment certain
changes specific to the non-numeric portions of the rule, as well as
withdrawal of the numeric limitation, and take final action on the
proposal. Under the terms of the settlement agreement, by April 15,
2013 EPA is to sign for publication in the Federal Register a notice of
proposed rulemaking, with at least a 30-day comment period, to amend
the C&D Rule in a manner substantially similar to Exhibit A, which is
attached to the Settlement Agreement. The settlement then provides that
by February 28, 2014, EPA will take final action on the proposed rule.
Under the settlement, if EPA takes the above actions by the specified
dates, and EPA's final action on the proposed rule amends the C&D Rule
in any manner, then Petitioners and EPA will promptly file a joint
request with the Court asking it to dismiss the C&D litigation. In
addition, if EPA's final action amends the C&D Rule in a manner
substantially similar to Exhibit A, Petitioners will not seek judicial
review of those amendments. Finally, within 60 days after EPA signs the
proposal mentioned above, NAHB and EPA will file a joint request with
the Court to dismiss NAHB's challenge to the 2012 Construction General
Permit (CGP), which EPA issued on February 16, 2012 (see 77 FR 12286).

B. Proposed Revisions to 40 CFR Part 450

    The proposed revisions to 40 CFR part 450 consist of the following
three elements:
     Addition of a definition of ``infeasible'' consistent with
the preamble to the 2009 final rule and 2012 CGP;
     Revisions to the effluent limitations reflecting the best
practicable control technology currently available (BPT), effluent
limitations reflecting the best available technology economically
achievable (BAT), effluent limitations reflecting the best conventional
pollutant control technology (BCT), and the new source performance
standards reflecting the best available demonstrated control technology
(NSPS) found at 40 CFR 450.21, 450,22, 450.23 and 450.24, respectively;
and
     Withdrawing the numeric turbidity effluent limitation and
monitoring requirements found at 40 CFR 450.22(a) and 450.22(b) and
reserving these subparts.
    EPA is proposing these revisions in order to meet the terms of the
settlement agreement and to make the rules clearer and more transparent
to the public. As written, stakeholders believe, and EPA agrees, that
there is some ambiguity surrounding when and where these provisions
should apply and what exceptions apply. EPA believes that these
proposed changes will provide clarity to permitting authorities on how
to implement or incorporate these provisions into permits. EPA solicits
comments on the following specific changes.
1. Addition of Definition at 40 CFR 450.11
    EPA proposes to add a definition of infeasible at 40 CFR 450.11(b).
Several of the provisions of the C&D rule require permittees to
implement controls, unless infeasible. EPA did not provide a definition
of infeasible in the C&D

rule. However, EPA did provide a description of what the Agency meant
by infeasible in the preamble to the C&D rule (74 FR 63017), Dec. 1,
2009). This discussion stated:

    ``By infeasible, EPA means that there is a site-specific
constraint that makes it technically infeasible to implement the
requirement, or that implementing the requirement would be cost-
prohibitive. The burden is on the permittee to demonstrate to the
permitting authority that the requirement is infeasible.''

    Although this discussion described EPA's intention regarding relief
from specific requirements in the C&D rule in cases where a requirement
is infeasible, there is concern that since this description is
contained in the preamble instead of the rule that there may be
inconsistent interpretation by permitting authorities of what
constitutes infeasibility. Including a definition of what EPA means by
infeasible in the rule would provide clarity and consistency for
permittees.
    EPA proposes to add the following definition of infeasible, which
was derived from EPA's preamble language from the 2009 final rule cited
above and the 2012 CGP:

    Infeasible means not technologically possible, or not
economically practicable and achievable in light of best industry
practices.

    EPA solicits comment on the inclusion of this proposed definition.
2. Revision of 40 CFR 450.21(a)(1)
    This requirement, as currently written, requires permittees to
``Control stormwater volume and velocity within the site to minimize
soil erosion.'' EPA proposes to amend this requirement as follows:

    Control stormwater volume and velocity to minimize soil erosion
in order to minimize pollutant discharges.

    EPA is proposing this change in order to link the requirement to
control soil erosion to the discharge of pollutants. EPA is proposing
to eliminate the ``within the site'' clause because it is unnecessary
as the regulation applies by definition to all discharges from the
entire construction site. The proposed change would continue to allow
permitting authorities the ability to develop permit language to
control stormwater volume and velocity to minimize soil erosion at any
location, such as on slopes as well as within channels and conveyances,
that may contribute pollutants to discharges from the construction
site. EPA solicits comment on this proposed change.
    (a) Examples of appropriate controls for this provision.
    Control of volume and velocity of stormwater in conveyances where
concentrated flow occurs, as well as control of volume and velocity of
overland flow, are necessary to reduce mobilization, transport and
discharge of sediment and other pollutants. EPA notes that this
requirement reflects common practice for water handling on construction
sites. The need for effective erosion control practices is an important
component of stormwater management on construction sites and is well-
known and described in available references. See, for example, the
Virginia Erosion and Sediment Control Handbook, Third Edition, which
states at page II-14:

    ``The removal of existing vegetative cover and the resulting
increase in impermeable surface area during development will
increase both the volume and velocity of runoff. These increases
must be taken into account when providing for erosion control.''

    Practices described in this handbook, also at page II-14, that are
appropriate for managing the volume and velocity of stormwater are
described as follows:

    ``Keeping slope lengths short and gradients low and preserving
natural vegetative cover can keep stormwater velocities low and
limit erosion hazards. Runoff from the development should be safely
conveyed to a stable outlet using storm drains, diversions, stable
waterways, riprapped channels or similar measures * * * Conveyance
systems should be designed to withstand the velocities of projected
peak discharges. These practices should be operational as soon as
possible after the start of construction.''

    Additional examples of appropriate controls to address this
provision include management of concentrated flows through the use of
channel liners or other stabilization measures to minimize erosion
caused by flowing water in channels, use of pipe slope drains to move
water down slopes to minimize erosion, use of check dams in channels to
reduce flow velocities and minimize erosion, and use of sediment basins
and traps to provide detention and reduction in peak flowrates, which
minimizes downslope erosion. Examples of practices to reduce volume and
velocity of stormwater with respect to overland or other non-
concentrated flow on site include the use of slope breaks such as berms
to slow water as it flows down slopes and the use of cover materials
such as mulches and vegetative stabilization on slopes to reduce the
velocity of stormwater flowing down the slopes.
    During construction, the volume and rate of runoff increases, which
relates to a corresponding increase in the discharge of pollutants to
receiving waters. Erosion of soil particles is caused by both rainfall
impact energy as well as the energy of flowing water. Water flowing
over soil as overland flow, as well as concentrated flow overland and
in conveyances (such as channels), causes detachment of soil particles
and transport of these particles downslope. These particles can be
discharged from the construction site along with the stormwater. While
removal of some particles in downslope sediment controls (e.g.,
sediment basins) can be accomplished, these sediment controls are
generally not 100% effective in removing entrained soil particles.
Therefore, some portion of soil that is mobilized (and the pollutants
associated with those soil particles) can be discharged from the
construction site even after passing through sediment controls.
    Controlling stormwater volume and velocity reduces the amount of
erosion caused by flowing water, and therefore can reduce the amount of
sediment, turbidity and other pollutants discharged from the site. For
example, a particular sediment basin may be capable or removing all
particles above 40 microns in diameter through settling. If the
stormwater flowing to the sediment basin during a particular storm
event contains 1,000 pounds of soil, 80% of which is above 40 microns,
then the basin would remove 80% (or 800 pounds) of the sediment while
20% (or 200 pounds) would not be removed and would be discharged.
However, if during this same storm event upslope volume and velocity
controls were not implemented, then one would expect a larger quantity
of sediment to be eroded and transported to the sediment basin. In this
scenario, if the total quantity of sediment transported to the basin
for this event is twice as much because upslope volume and velocity
controls were not implemented, then the amount of sediment not removed
by the basin is 20% of 2,000 pounds, or 400 pounds. This is twice as
much as discharged from the example where upslope controls to reduce
erosion were implemented. Therefore, reducing the volume and velocity
of stormwater, which reduces the amount of erosion, can directly reduce
the quantity of sediment and associated pollutants that are discharged.
    (b) What does EPA not mean by this requirement?
    EPA does not intend for this requirement to apply once construction
has ceased and sites have been stabilized. This requirement only
applies during the construction phase, and does not apply to post-
construction conditions.

    (c) What is the appropriate time for implementation of this
requirement in the construction process?
    The proper time for implementation of controls to manage both the
total volume and velocity of stormwater to minimize erosion depends on
the nature of the control. Some practices (such as sediment basins)
should be installed very early in the construction process so that they
are functioning and able to accept runoff from up-slope disturbed
areas. Other practices may be installed later in the construction
process as they are needed. For example, a sediment basin may be
designed to accept water from several catchments in a project, all of
which may not be disturbed at the same time. Prior to disturbance of an
area, it may be appropriate to install a channel to divert runoff from
the disturbed area to the basin. When this channel is installed, the
need for velocity control measures such as a channel lining or check
dams would necessitate that they be installed when the channel is
constructed. The need for specific controls is site-specific, and will
vary based on the nature of the construction activity.
3. Revision of 40 CFR 450.21(a)(2)
    This requirement, as currently written, requires permittees to
``Control stormwater discharges, including both peak flowrates and
total stormwater volume, to minimize erosion at outlets and to minimize
downstream channel and streambank erosion.'' EPA proposes to amend this
requirement as follows:

    Control stormwater discharges, including both peak flowrates and
total stormwater volume, to minimize channel and streambank erosion
in the immediate vicinity of discharge points.

    EPA is proposing this change because the current requirement does
not differentiate between any contribution to increased erosion caused
by the construction site discharges and those caused by other sources.
For example, a construction site may discharge to a stream that is
being eroded due to changes in flow duration from an up-slope
development. As currently written, this provision could be interpreted
to require the permittee to minimize downstream erosion caused by the
upslope discharges. It is not EPA's intention for this provision to
require permittees to address streambank and channel erosion that is
caused by other sources. This revision would require permittees to only
address erosion that occurs in the immediate vicinity of permitted
outfalls. Examples may include scouring of the stream bed and erosion
of the near and far banks at and in the area immediately downstream of
where an outfall from a sediment basin discharges to a stream.
Permitting authorities can develop specific permit language to address
this erosion, and appropriate controls may include the use of
stabilized outlets and use of detention practices, such as sediment
basins, to limit peak flowrates and flow duration of discharges. EPA
solicits comment on this proposed revision.
4. Revision of 40 CFR 450.21(a)(6)
    This provision, as currently written, requires permittees to
``Provide and maintain natural buffers around surface waters, direct
stormwater to vegetated areas to increase sediment removal and maximize
stormwater infiltration, unless infeasible.'' EPA proposes to amend
this requirement as follows:

    Provide and maintain natural buffers around waters of the United
States, direct stormwater to vegetated areas and maximize stormwater
infiltration to reduce pollutant discharges, unless infeasible.

    EPA is proposing two changes to this provision. The first change
would replace ``surface waters'' with ``waters of the United States.''
EPA is proposing this change because ``surface waters'' is not defined
in the context of the Clean Water Act and EPA always intended this to
simply mean waters of the United States. The second proposed change to
this provision would replace ``increase sediment removal'' with ``to
reduce pollutant discharges'' and would move the location of this
phrase within the requirement. This proposed change would provide
clarity that the goal of the requirement to direct stormwater to
vegetated areas and to maximize stormwater infiltration is to reduce
pollutant discharges. EPA solicits comment on these proposed changes.
5. Revision of 40 CFR 450.21(a)(7)
    This provision, as currently written, would require permittees to
``Minimize soil compaction and, unless infeasible, preserve topsoil.''
EPA proposes to amend this requirement, as well as separate the two
provisions (minimizing soil compaction and preserving topsoil) into two
separate requirements as follows:

    Minimize soil compaction. Minimizing soil compaction is not
required where the intended function of a specific area of the site
dictates that it be compacted.
    Unless infeasible, preserve topsoil. Preserving topsoil is not
required where the intended function of a specific area of the site
dictates that the topsoil be disturbed or removed.

    EPA is proposing to revise this provision because, as currently
written, this requirement does not acknowledge that certain areas of
the site may require compaction. Examples would be foundation pads for
buildings or road subgrade material. Similarly, the requirement to
preserve topsoil is being clarified. Although this requirement includes
an ``unless infeasible'' clause, EPA believes that it is worth
clarifying that preservation of topsoil is not required (although it
may be feasible) where the intended function of a specific area of the
site dictates that the topsoil be disturbed or removed.
    EPA solicits comment on these proposed changes.
    (a) Discussion of minimizing soil compaction and preserving topsoil
requirements.
    These requirements are designed to reduce the amount of soil eroded
and discharged from the site by reducing the amount of runoff generated
and by providing conditions conducive to establishing vegetative
stabilization. Compacting soil increases the amount of runoff produced.
This is because compacted soil does not allow water to infiltrate as
rapidly as loose soil. Minimizing soil compaction allows for
infiltration and retention of stormwater within the soil, which reduces
the amount of runoff. Reducing the amount of runoff will reduce
erosion, and therefore reduce the amount of sediment and other
pollutants that can be transported to sediment controls and through
perimeter controls. Sediment controls and perimeter controls are not
100% effective in removing sediment and other pollutants, therefore
reducing the amount of sediment and runoff directed to these controls
will reduce the amount of pollutants discharged.
    Topsoil improves soil structure and provides a favorable growing
medium for temporary and permanent vegetative stabilization measures.
Preserving topsoil allows for better vegetative stabilization when
disturbance has ceased. Better vegetative stabilization reduces erosion
rates of the underlying soil and also increases the infiltrative
capacity of the soil. As stated above, reducing erosion rates and
reducing the runoff volume will reduce the amount of sediment
transported to downslope sediment and perimeter controls. Sediment
controls and perimeter controls are not 100% effective in removing
sediment and other pollutants, therefore reducing the amount of
sediment and runoff directed to these controls will reduce the amount
of pollutants discharged.
    Preservation of topsoil also means limiting disturbance and removal
of the topsoil and associated vegetation. Limiting clearing and grading
to only

those areas where necessary to accommodate the building footprint is an
example of topsoil preservation. Preserving topsoil in this manner
would reduce the volume of stormwater produced as well as the quantity
of sediment and other pollutants mobilized from these areas of
preservation, which would reduce the amount of pollutants discharged
from the site.
    Topsoil stockpile areas, if used, should be prevented from eroding,
which can be accomplished by using various cover materials. Use of
temporary vegetative stabilization measures for topsoil areas may also
be considered if the stockpiles are to remain on-site for an extended
period of time before being used.
    (2) What EPA does not mean by this requirement.
    EPA notes that the ``minimize soil compaction'' language is meant
to apply to those areas of the site where soil compaction is not
necessary for structural or stability concerns. For example, EPA would
not expect permittees to minimize compaction in areas where soil
compaction is necessary by design, such as where roads, foundations,
footings or other similar structures are to be built. Rather, this
requirement is intended to apply to other areas of the site, such as
those where vegetation is to be preserved or restored once disturbance
has ceased. Although not a requirement of this rule, minimizing soil
compaction may be necessary in areas of the site where post-
construction controls are to be designed to infiltrate stormwater.
Examples of these areas would be areas underneath porous pavement
systems or areas where infiltration basins are to be installed.
Consideration of soil compaction during the construction phase would be
critical to ensuring proper operation of these types of practices.
    EPA notes that some projects may be designed to be highly
impervious after construction, and therefore little or no vegetation is
intended to remain. In these cases (and perhaps others), preserving
topsoil at the site would not be feasible since the topsoil would not
be necessary for establishing vegetation. Another case where it may not
be feasible to preserve topsoil would be if the topsoil is of poor
quality or contaminated such that it would not be beneficial for
establishing vegetation. Although poor topsoil may be improved through
addition of soil amendments, there may be cases where this is not
feasible. There may also be cases where keeping the topsoil on-site
would conflict with other regulations or programs with respect to
contaminated soils. For some projects where the construction envelope
may encompass the entire land area, there may not be space available
on-site to stockpile topsoil that is removed. In these cases, the use
of off-site borrow or storage areas may be appropriate. In addition,
topsoil may be sold for use on other projects where more topsoil is
available than needed on-site. An example of an instance where it is
not feasible to preserve all topsoil would be a situation where the
topsoil is diverted to other uses because it is not needed on-site.
6. Revision of 40 CFR 450.21(b)
    This provision, as currently written, would require permittees to
stabilize disturbed areas. The requirement reads: ``Stabilization of
disturbed areas must, at a minimum, be initiated immediately whenever
any clearing, grading, excavating or other earth disturbing activities
have permanently ceased on any portion of the site, or temporarily
ceased on any portion of the site and will not resume for a period
exceeding 14 calendar days. Stabilization must be completed within a
period of time determined by the permitting authority. In arid,
semiarid, and drought-stricken areas where initiating vegetative
stabilization measures immediately is infeasible, alternative
stabilization measures must be employed as specified by the permitting
authority.''
    EPA proposes to amend this requirement as follows:

    Stabilization of disturbed areas must, at a minimum, be
initiated immediately whenever any clearing, grading, excavating or
other earth disturbing activities have permanently ceased on any
portion of the site, or temporarily ceased on any portion of the
site and will not resume for a period exceeding 14 calendar days. In
arid, semiarid, and drought-stricken areas where initiating
vegetative stabilization measures immediately is infeasible,
alternative stabilization measures must be employed as specified by
the permitting authority. Stabilization must be completed within a
period of time determined by the permitting authority. In limited
circumstances, stabilization may not be required if the intended
function of a specific area of the site necessitates that it remain
disturbed.

    The changes to this provision include re-arranging the requirements
for clarity as well as providing a potential exemption from
stabilization for certain areas of a site that the permitting authority
has determined must remain disturbed. EPA can envision only limited
cases where a disturbed area would not require stabilization because it
should remain disturbed. An example would be a motocross track where
unstabilized soil areas are present and are intended to remain present.
EPA believes that permitting authorities should have the flexibility to
evaluate the circumstances surrounding individual sites and have some
flexibility related to this provision for these very limited cases. In
the vast majority of situations, however, vegetative or non-vegetative
stabilization measures would be required. EPA solicits comment on these
proposed changes.
7. Revision of 40 CFR 450.21(d)(2)
    This provision, as currently written would require permittees to
``Minimize the exposure of building materials, building products,
construction wastes, trash, landscape materials, fertilizers,
pesticides, herbicides, detergents, sanitary waste and other materials
present on the site to precipitation and to stormwater;''
    EPA proposes to amend this requirement as follows:

    Minimize the exposure of building materials, building products,
construction wastes, trash, landscape materials, fertilizers,
pesticides, herbicides, detergents, sanitary waste and other
materials present on the site to precipitation and to stormwater.
Minimization of exposure is not required in cases where the exposure
to precipitation and to stormwater will not result in a discharge of
pollutants, or where exposure of a specific material or product
poses little risk of stormwater contamination (such as final
products and materials intended for outdoor use).

    EPA is proposing to amend this requirement in order to acknowledge
that there are certain circumstances where it may not be necessary or
environmentally beneficial to minimize exposure of materials to
precipitation and to stormwater. The first case would be those
instances where a material is not a source of pollutant discharges. An
example would be an inert material that does not leach, erode or
otherwise add pollutants to precipitation or to stormwater. The second
case would be where the material may contribute negligible quantities
of pollutants. An example would be steel members that are part of an
electric transmission tower. During construction of the tower, the
material may be stored on the site in a staging area or adjacent to the
tower pad. Although it may be feasible to provide cover for the
material or otherwise minimize exposure of the material to
precipitation and to stormwater, doing so may not be cost-effective or
beneficial if the material would be expected to contribute little or no
pollutants to stormwater. EPA believes that permitting authorities
should have discretion and permittees

should have flexibility to address site-specific considerations with
respect to this requirement. The proposed amendment should provide such
flexibility. EPA solicits comment on these proposed changes.
8. Removal of Numeric Standard and Monitoring Provisions at 40 CFR
450.22(a) and 450.22(b)
    The final proposed change would be to remove the numeric discharge
standard and monitoring requirements found at 40 CFR 450.22(a) and
450.22(b). EPA would effectuate this change by deleting the current
language at paragraphs (a) and (b), which are currently stayed, and
reserving these paragraphs for potential revisions should EPA decide to
propose additional effluent limitations guidelines and monitoring
requirements in a future rulemaking. The stay has been in place since
January 2011. In order to remove the stay or to implement a different
numeric standard, EPA would need to undertake rulemaking. EPA is
proposing to withdraw the numeric limitation but reserve the paragraphs
in the regulation in the event that a numeric limitation is proposed
and finalized in the future. EPA believes that removing the current
standard that is stayed, but still appears in the Code of Federal
Regulations, would provide clarity to permitting authorities that this
standard is not required to be incorporated into permits. EPA continues
to be interested in data and information regarding numeric discharge
standards for construction sites.

III. Statutory and Executive Order Reviews

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

    This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Orders 12866 and 13563
(76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

    This action 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 action does not impose an
information collection burden because the proposed rule changes would
affect the effluent limitations and standards applicable to regulated
entities, but would not impose any data collection requirements.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of today's proposed rule on
small entities, small entity is defined as: (1) A small business as
defined by the Small Business Administration's (SBA) regulations at 13
CFR 121.201; (2) a small governmental jurisdiction that is a government
of a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
    After considering the economic impacts of today's proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. In
determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the rule on small entities.'' 5 U.S.C. 603 and 604.
Thus, an agency may certify that a rule will not have a significant
economic impact on a substantial number of small entities if the rule
relieves regulatory burden, or otherwise has a positive economic effect
on all of the small entities subject to the rule.
    The proposed rule would clarify applicability of the existing non-
numeric effluent limitations at 40 CFR part 450 and provide exemptions
to some requirements in limited cases. We have therefore concluded that
today's proposed rule will either not change or relieve regulatory
burden for all affected small entities. We continue to be interested in
the potential impacts of the proposed rule on small entities and
welcome comments on issues related to such impacts.

D. Unfunded Mandates Reform Act

    This proposed rule does not contain a Federal mandate that may
result in expenditures of $100 million or more for State, local, and
tribal governments, in the aggregate, or the private sector in any one
year. This proposed rule would clarify applicability of the existing
non-numeric effluent limitations at 40 CFR part 450 and provide
exemptions to some requirements in limited cases. The proposed rule
would not impose new or more stringent requirements, and therefore this
action would not subject regulated entities to any costs incremental to
the existing rule. Thus, this rule is not subject to the requirements
of sections 202 or 205 of UMRA.
    This rule is also not subject to the requirements of section 203 of
UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. This proposed rule
would clarify applicability of the existing non-numeric effluent
limitations at 40 CFR part 450 and provide exemptions to some
requirements in limited cases. These requirements apply to all
governmental entities that undertake construction activities regulated
at 40 CFR 122.26, and therefore do not significantly or uniquely affect
small governments.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will 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. This proposed rule would clarify
applicability of the existing non-numeric effluent limitations at 40
CFR part 450 and provide exemptions to some requirements in limited
cases. Thus, Executive Order 13132 does not apply to this action. In
the spirit of Executive Order 13132, and consistent with EPA policy to
promote communications between EPA and State and local governments, EPA
specifically solicits comment on this proposed action from State and
local officials.

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

    This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). This proposed
rule would clarify applicability of the existing non-

numeric effluent limitations at 40 CFR part 450 and provide exemptions
to some requirements in limited cases. The proposed rule would not
impose new or more stringent requirements, and therefore this action
would not subject regulated entities to any costs incremental to the
existing rule. Thus, Executive Order 13175 does not apply to this
action. EPA specifically solicits additional comment on this proposed
action from tribal officials.

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

    EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as applying
to those regulatory actions that concern health or safety risks, such
that the analysis required under section 5-501 of the Order has the
potential to influence the regulation. This action is not subject to EO
13045 because it is based solely on technology performance.

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

    This action is not a ``significant energy action'' as defined in
Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not
likely to have a significant adverse effect on the supply,
distribution, or use of energy. We have concluded that this rule is not
likely to have any adverse energy effects because this action would
clarify applicability of the existing non-numeric effluent limitations
at 40 CFR part 450 and provide exemptions to some requirements in
limited cases. These clarifications or exemptions are not expected to
require additional energy usage by permittees.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
    This proposed rulemaking does not involve technical standards.
Therefore, EPA is not considering the use of any voluntary consensus
standards.

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

    Executive Order (EO) 12898 (59 FR 7629, February 16, 1994)
establishes federal executive policy on environmental justice. Its main
provision directs federal agencies, to the greatest extent practicable
and permitted by law, to make environmental justice part of their
mission by identifying and addressing, as appropriate,
disproportionately high and adverse human health or environmental
effects of their programs, policies, and activities on minority
populations and low-income populations in the United States.
    EPA has concluded that it is not practicable to determine whether
there would be disproportionately high and adverse human health or
environmental effects on minority and/or low income populations from
this proposed rule. This proposed rule would clarify applicability of
the existing non-numeric effluent limitations at 40 CFR part 450 and
provide exemptions to some requirements in limited cases. While EPA
considers it unlikely, it is possible that the changes to some of these
requirements could result in greater pollution discharge to waters of
the United States. However, EPA does not expect the quantity of
pollution discharges to significantly increase as a result of this
proposed rule at the national level. Furthermore, the primary
pollutants discharged by this industry, which are sediment and
turbidity, are present in background levels to varying quantities in
waters of the United States. Therefore, the extent, if any, of changes
in human health or environmental effects as a result of this action
would depend upon waterbody-specific conditions and the locations and
interaction of populations with those waterbodies. Due to the varying
nature and location of construction site discharges, and due to the
fact that there are often other sources of sediment and turbidity
pollution in waterbodies, it is not practicable to quantify the extent
to which this action would alter levels of pollution discharges or
whether any change in pollution discharges as a result of this action
would contribute disproportionately high and adverse human health or
environmental effects on minority and/or low income populations.

List of Subjects in 40 CFR Part 450

    Environmental protection, Construction industry, Land development,
Water pollution control.

    Dated: March 20, 2013.
Bob Perciasepe,
Acting Administrator.

    For the reasons stated in the preamble, title 40, chapter I of the
Code of Federal Regulations is proposed to be amended as follows:

PART 450--CONSTRUCTION AND DEVELOPMENT POINT SOURCE CATEGORY

0
1. The authority citation for part 450 is revised to read as follows:

    Authority:  33 U.S.C. 1311, 1312, 1314, 1316, 1341, 1342, 1361
and 1370.

Subpart A--General Provisions

0
2. Section 450.11 is amended by adding paragraph (b) to read as
follows:

Sec.  450.11  General definitions.

* * * * *
    (b) Infeasible. Infeasible means not technologically possible, or
not economically practicable and achievable in light of best industry
practices.

Subpart B--Construction and Development Effluent Guidelines

0
3. Section 450.21 is amended by:
0
a. Revising paragraphs (a)(1), (a)(2), (a)(6) and (a)(7).
0
b. Adding paragraph (a)(8).
0
c. Revising paragraph (b).
0
d. Revising paragraph (d)(2).

Sec.  450.21  Effluent limitations reflecting the best practicable
technology currently available (BPT).

* * * * *
    (a) * * *
    (1) Control stormwater volume and velocity to minimize soil erosion
in order to minimize pollutant discharges;
    (2) Control stormwater discharges, including both peak flowrates
and total stormwater volume, to minimize channel and streambank erosion
in the immediate vicinity of discharge points;
* * * * *
    (6) Provide and maintain natural buffers around waters of the
United States, direct stormwater to vegetated areas and maximize
stormwater infiltration to reduce pollutant discharges, unless
infeasible;
    (7) Minimize soil compaction. Minimizing soil compaction is not
required where the intended function of a specific area of the site
dictates that it be compacted; and
    (8) Unless infeasible, preserve topsoil. Preserving topsoil is not
required where

the intended function of a specific area of the site dictates that the
topsoil be disturbed or removed.
    (b) Soil Stabilization. Stabilization of disturbed areas must, at a
minimum, be initiated immediately whenever any clearing, grading,
excavating or other earth disturbing activities have permanently ceased
on any portion of the site, or temporarily ceased on any portion of the
site and will not resume for a period exceeding 14 calendar days. In
arid, semiarid, and drought-stricken areas where initiating vegetative
stabilization measures immediately is infeasible, alternative
stabilization measures must be employed as specified by the permitting
authority. Stabilization must be completed within a period of time
determined by the permitting authority. In limited circumstances,
stabilization may not be required if the intended function of a
specific area of the site necessitates that it remain disturbed.
* * * * *
    (d) * * *
    (2) Minimize the exposure of building materials, building products,
construction wastes, trash, landscape materials, fertilizers,
pesticides, herbicides, detergents, sanitary waste and other materials
present on the site to precipitation and to stormwater. Minimization of
exposure is not required in cases where the exposure to precipitation
and to stormwater will not result in a discharge of pollutants, or
where exposure of a specific material or product poses little risk of
stormwater contamination (such as final products and materials intended
for outdoor use); and
* * * * *

Sec.  450.22  [Amended]

0
4. Section 450.22 is amended by removing and reserving paragraphs (a)
and (b).
[FR Doc. 2013-07097 Filed 3-29-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 231 (Thursday, December 1, 2016)]
[Notices]
[Pages 86711-86712]
[FR Doc No: 2016-28883]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-R09-OAR-2016-0580; FRL-9955-86-Region 9]

Comment Period Extended: General Permit Under the Federal Indian
Country Minor NSR Program

AGENCY: United States Environmental Protection Agency (EPA).

ACTION: Notice; comment period extended.

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

SUMMARY: The Environmental Protection Agency (EPA) previously provided
notice of, and requested public comment on, the EPA's draft general
permit for gasoline dispensing facilities for use in Indian country
within California pursuant to the Clean Air Act (CAA) Federal Indian
Country Minor New Source Review (NSR) program for new and modified
minor sources. The EPA is extending the deadline for submitting
comments on this action until January 31, 2017. Any person may submit
written comments on the draft permit during the public comment period.

DATES: Comments will be accepted until January 31, 2017.

ADDRESSES: Documents relevant to the above-referenced permit are
available for public inspection during normal business hours at the
following address: U.S. Environmental Protection Agency, Region 9, 75
Hawthorne Street, San Francisco, CA 94105-3901. To arrange for viewing
of these documents, call Lisa Beckham at<PHONE_NUMBER>. Due to
building security procedures, at least 24 hours advance notice is
required.

FOR FURTHER INFORMATION CONTACT: Lisa Beckham, EPA Region 9, (415) 972-
3811<EMAIL_ADDRESS>Key portions of the administrative record
for this decision are available through a link at Region 9's Web site,
https://www.epa.gov/caa-permitting/california-tribal-gasoline-permits,
or at www.regulations.gov (Docket ID # EPA-R09-OAR-2016-0580).

SUPPLEMENTARY INFORMATION:

Extension of Comment Period

    On September 30, 2016, the EPA provided notice of, and requested
public comment on, the EPA's draft general permit for gasoline
dispensing facilities for use in Indian country within California
pursuant to the Clean Air Act (CAA) Federal Indian Country Minor New
Source Review (NSR) program for new and modified minor sources at 40
CFR 49.151 through 49.161. See also 81 FR 69814 (Oct. 7, 2016).
    The EPA is extending the deadline for submitting comments on this
action until January 31, 2017. Any person may submit written comments
on the draft permit during the public comment period. These comments
must raise any reasonably ascertainable issue with supporting arguments
by the close of the public comment period. All written comments on the
draft general permit must be received or postmarked by January 31,
2017. Comments must be sent or delivered in writing to Lisa Beckham at
one of the following addresses:
    Email<EMAIL_ADDRESS>    Online Docket: www.regulations.gov, Docket ID: EPA-R09-OAR-2016-
0580.
    U.S. Mail: Lisa Beckham (AIR-3), U.S. EPA Region 9, 75 Hawthorne
Street, San Francisco, CA 94105-3901.
    Please see our previous notice for additional information about
this action, which is available through the online docket here: https://www.regulations.gov/document?D=EPA-R09-OAR-2016-0580-0005.
    As detailed in our previous notice, the EPA has scheduled a public
hearing for this action on November 30, 2016 from 2:00 to 3:30 p.m. at
U.S. EPA Region 9, 1st Floor Conference Center, 75 Hawthorne Street,
San Francisco, California. Please note that our previous notice for
this action announced a deadline of November 16, 2016 for requesting an
additional public hearing; this deadline has passed and is not being
extended.
    The draft general permit and other supporting information about
this action are available through this Web page: https://www.epa.gov/caa-permitting/california-tribal-gasoline-permits. If you have
questions, or if you wish to obtain further information, please contact
Lisa Beckham at<PHONE_NUMBER>, toll-free at<PHONE_NUMBER>, via email
at<EMAIL_ADDRESS>or at the mailing address above. If you would
like to be added to our mailing list to receive future information
about this draft permit decision or other permit decisions issued by
the EPA Region 9, please contact Lisa Beckham, or visit the EPA Region
9's Web site at http://www2.epa.gov/caa-permitting/tribal-nsr-permits-region-9.

Summary of Proposed Action

    The draft general permit is for a single source category, gasoline
dispensing facilities (GDFs), and would be available in certain areas
of Indian country that are within the geographical boundaries of
California. This includes areas located in an Indian reservation or in
another area of Indian country (as defined in 18 U.S.C. 1151) over
which an Indian tribe, or the EPA, has demonstrated that the tribe has
jurisdiction and where there is no EPA-approved minor NSR program in
place. The EPA is proposing this general permit as an option for CAA
minor NSR preconstruction permitting to help streamline the EPA's
permitting of certain minor sources that construct or modify in Indian
country and belong to the GDF source category.
    The primary pollutant of concern for GDFs that may use this general
permit is volatile organic compounds (VOC), which are emitted from
storage tanks and gasoline dispensing units at GDFs. Some GDFs may also
have emergency engines, but only those sources with emergency engines
that are exempt from minor NSR permitting requirements may use this
general permit. Emissions of all other regulated NSR pollutants from
new or modified GDF sources that may use the general permit are
expected to be below the minor NSR permitting thresholds in 40 CFR
49.153.
    This draft general permit regulates VOC emissions from GDFs, and
includes emission limitations that require each GDF to control
emissions from storage tanks during unloading of the gasoline cargo
from the tanker truck, using what are known as Stage I controls. In
addition, the draft general permit requires GDFs in ozone nonattainment
areas to limit VOC emissions resulting from vehicle refueling by
recovering vapors displaced from the vehicle fuel tank, using pump-
based controls known as Stage II controls. There are also limits on the
amount of gasoline each GDF can

dispense in a 12-month period: 25,000,000 million gallons in ozone
attainment areas, and marginal and moderate ozone nonattainment areas;
and 15,000,000 gallons in serious, severe, and extreme ozone
nonattainment areas. The emission limitations in the draft general
permit are expected to limit emissions of VOC from a new or modified
GDF to less than 30 tons per year (tpy) in attainment areas and
marginal and moderate ozone nonattainment areas and 8 tpy in serious,
severe, and extreme ozone nonattainment areas. The detailed emission
limitations are included in the draft permit and discussed in detail in
our Technical Support Document for this draft permit, and are available
for review here: https://www.epa.gov/caa-permitting/california-tribal-gasoline-permits.
    Please bring the foregoing notice to the attention of all persons
who would be interested in this matter.

    Dated: November 22, 2106.
Elizabeth J. Adams,
Acting Director, Air Division, Region IX.
[FR Doc. 2016-28883 Filed 11-30-16; 8:45 am]
 BILLING CODE 6560-50-P


From: David Weiskopf<EMAIL_ADDRESS>Sent: Tuesday, January 06, 2015 2:37 PM To: Hoffman, Howard Subject: Request for telephone call: Clean Power Plan

Hi Howard,

Do you have 30 min for a call sometime in the next week or so? I was hoping to discuss some of the questions underlying state plan contents for the Clean Power Plan.

I hope you had a very happy and restful holiday!

Dave Weiskopf

--  David Weiskopf Attorney NextGen Climate America https://nextgenamerica.org/


[Federal Register Volume 86, Number 151 (Tuesday, August 10, 2021)]
[Notices]
[Pages 43649-43650]
[FR Doc No: 2021-17028]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER19-2505-006.
    Applicants: Southern California Edison Company.
    Description: Compliance filing: Errata to Settlement Filing WDAT
Energy Storage ER19-2505-004 to be effective 10/30/2019.
    Filed Date: 8/4/21.
    Accession Number: 20210804-5087.
    Comments Due: 5 p.m. ET 8/25/21.

    Docket Numbers: ER21-1955-002.
    Applicants: Duke Energy Progress, LLC.
    Description: Tariff Amendment: DEP-American Beech ASOA--Response to
Deficiency Letter to be effective 10/4/2021.
    Filed Date: 8/4/21.
    Accession Number: 20210804-5055.
    Comments Due: 5 p.m. ET 8/25/21.

    Docket Numbers: ER21-2158-001.
    Applicants: VETCO.
    Description: Compliance filing: eTariff Filing to Comply with Order
in Docket No. ER21-712-000 Errata Filing to be effective 1/1/2021.
    Filed Date: 8/4/21.
    Accession Number: 20210804-5049.
    Comments Due: 5 p.m. ET 8/25/21.

    Docket Numbers: ER21-2605-000.
    Applicants: esVolta, LP.
    Description: Petition for Limited Waiver of esVolta, LP.
    Filed Date: 8/4/21.
    Accession Number: 20210804-5029.
    Comments Due: 5 p.m. ET 8/18/21.

    Docket Numbers: ER21-2606-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 3839 WAPA/Western MN
Municipal/MRES Interconnection Agr to be effective 8/3/2021.
    Filed Date: 8/4/21.
    Accession Number: 20210804-5036.
    Comments Due: 5 p.m. ET 8/25/21.

    Docket Numbers: ER21-2607-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) Rate Filing: LGIA Arica Solar, LLC Sol
Catcher BESS SA No. 272 to be effective 8/5/2021.
    Filed Date: 8/4/21.
    Accession Number: 20210804-5061.
    Comments Due: 5 p.m. ET 8/25/21.

    Docket Numbers: ER21-2608-000.
    Applicants: Duke Energy Progress, LLC.
    Description: Tariff Cancellation: DEP--Notice of Cancellation of
Service Agreements Nos. 175 and 176 to be effective 10/4/2021.
    Filed Date: 8/4/21.
    Accession Number: 20210804-5067.
    Comments Due: 5 p.m. ET 8/25/21.

    Docket Numbers: ER21-2609-000.
    Applicants: Duke Energy Indiana, LLC.
    Description: Sec.  205(d) Rate Filing: DEI--Peabody Facilities
Relocation and Reimbursement Agreement RS No. 274 to be effective 8/5/
2021.
    Filed Date: 8/4/21.
    Accession Number: 20210804-5070.
    Comments Due: 5 p.m. ET 8/25/21.

    Docket Numbers: ER21-2610-000.
    Applicants: Tri-State Generation and Transmission Association, Inc.

    Description: Tariff Cancellation: Notice of Cancellation of Rate
Schedule FERC No. 101 to be effective 8/5/2021.
    Filed Date: 8/4/21.
    Accession Number: 20210804-5086.
    Comments Due: 5 p.m. ET 8/25/21.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by 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 comment date. 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: August 4, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-17028 Filed 8-9-21; 8:45 am]
BILLING CODE 6717-01-P