[Federal Register Volume 88, Number 11 (Wednesday, January 18, 2023)]
[Rules and Regulations]
[Pages 2834-2839]
[FR Doc No: 2023-00369]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2020-0730; EPA-R05-OAR-2020-0731; FRL-9746-02-R5]

Air Plan Approval; Michigan; Base Year Emissions Inventory and
Emissions Statement Rule for the 2015 Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving, under
the Clean Air Act (CAA), a request submitted by the Michigan Department
of Environment, Great Lakes, and Energy (EGLE) on December 18, 2020, to
revise the Michigan State Implementation Plan (SIP). EGLE's submittal
addresses the emissions inventory and statement requirements for the
Allegan County, Berrien County, Detroit (Livingston, Macomb, Monroe,
Oakland, St. Clair, Washtenaw, and Wayne Counties) and Muskegon County
nonattainment areas under the 2015 ozone National Ambient Air Quality
Standard (NAAQS or standard). The CAA requires states to develop and
submit, as SIP revisions, emission inventories for all ozone
nonattainment areas. In this action, EPA is approving EGLE's emissions
inventories for the Allegan County, Berrien County, and Muskegon County
nonattainment areas under the 2015 ozone NAAQS and the removal of the
repealed Act 348, Section 14a. EPA approved the portions of EGLE's
December 18, 2020, submittal pertaining to the certification of EGLE's
stationary annual emissions statement regulation and emissions
inventories for the Detroit nonattainment area under the 2015 ozone
NAAQS in a separate action on July 6, 2022.

DATES: This direct final rule is effective March 20, 2023, unless EPA
receives adverse comments by February 17, 2023. If adverse comments are
received, EPA will publish a timely withdrawal of the direct final rule
in the Federal Register informing the public that the rule will not
take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2020-0730 (regarding emissions statement) or EPA-R05-OAR-2020-0731
(regarding emissions inventory) at https://www.regulations.gov or via
email to [email protected]. For comments submitted at
Regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. For either manner of submission, EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Emily Crispell, Environmental
Scientist, Control Strategies Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604,<PHONE_NUMBER>, [email protected]. The
EPA Region 5 office is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays and facility closures due to COVID-
19.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

I. The 2015 Ozone NAAQS Emissions Inventory and Emissions Statement
Rule Requirements

    On December 28, 2015, EPA promulgated a revised 8-hour ozone NAAQS
of 0.070 parts per million (ppm) (October 26, 2015, 80 FR 65292). The
Allegan County (partial county), Berrien County, and Muskegon County
(partial county) nonattainment areas were designated as marginal
nonattainment areas for the 2015 ozone NAAQS (June 4, 2018, 83 FR
25776).

A. Emissions Inventories

    CAA sections 172(c)(3) and 182(a)(1), 42 U.S.C. 7502(c)(3) and
7511a(a)(1), require states to develop and submit, as SIP revisions,
emission inventories for all areas designated as nonattainment for any
NAAQS, including the ozone NAAQS. An emissions inventory for ozone is
an estimation of actual emissions of air pollutants that contribute to
the formation of ozone in an area. Ozone is a gas that is formed by the
reaction of volatile organic compounds (VOC) and oxides of nitrogen
(NOX) in the atmosphere in the presence of sunlight (VOC and
NOX are referred to as ozone precursors). Therefore, an
emissions inventory for ozone focuses on the emissions of VOC and
NOX. VOC is emitted by many types of pollution sources
including power plants, industrial sources, on-road and off-road mobile
sources, smaller stationary sources (collectively referred to as area
sources), and biogenic sources. NOX is primarily emitted by
combustion sources, both stationary and mobile.
    Emissions inventories provide emissions data for a variety of air
quality planning tasks including:

--establishing baseline emissions levels (anthropogenic [manmade]
emissions associated with ozone standard violations),
--calculating emission reduction targets needed to attain the NAAQS and
to achieve reasonable further progress (RFP) toward attainment of the
ozone standard,
--determining emissions inputs for ozone air quality modeling analyses,
and
--tracking emissions over time to determine progress toward achieving
air quality and emissions reduction goals.

    As stated above, the CAA requires the states to submit emission
inventories for areas designated as nonattainment for ozone. For the
2015 ozone NAAQS, EPA specifies that states submit ozone season day
emissions estimates for an inventory calendar year to be consistent
with the baseline year for RFP plan as required by 40 CFR 51.1310(b).
For the RFP baseline year for the 2015 ozone NAAQS under 40 CFR
51.1310(b), states may use a calendar year for the most recently
available complete triennial (3-year cycle) emissions inventory (40 CFR
51, subpart A) preceding the year of the area's effective date of
designation as a nonattainment area (December 6, 2018, 83 FR 62998).\1\
States are required to submit estimates of VOC and NOX
emissions for four general classes of anthropogenic sources: stationary
point sources; area sources; on-road mobile sources; and off-road
mobile sources.
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    \1\ The RFP requirements specified in CAA section 182(b)(1)
shall apply to all area's designated nonattainment for ozone
classified Moderate or higher.
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B. Emissions Statement Rules

    Section 182(a)(3)(B) of the CAA requires states with ozone
nonattainment areas to submit revisions to their SIP to require the
owner or operator of each major stationary source of NOX or
VOC to provide the state with an annual statement documenting the
actual emissions of NOX and VOC from their source. Under
section 182(a)(3)(B)(ii), a state may waive the emissions statement
requirement for any class or category of stationary sources which emits
less than 25 tons per year of VOC or NOX if the state, in
its base year emissions inventory, provides an inventory of emissions
from such class or category of sources. States and EPA

have generally interpreted this waiver provision to apply to sources
(without specification of a specific source class or source category)
emitting less than 25 tons per year of VOC or NOX.
    Many states have adopted these emissions statement rules for a
prior ozone NAAQS that covers all the state's nonattainment areas and
relevant classes and categories of sources. For these states, EPA is
accepting certifications that their previously adopted emissions
statement rules remain in place and are adequate to meet the emissions
statement rule requirement under the 2015 ozone standard (December 6,
2018, 83 FR 62998).

II. Michigan's Emissions Inventory

    On December 18, 2020, EGLE submitted a request to revise the
Michigan SIP to address the emissions inventory requirement of CAA
section 182(a)(1). EGLE provided documentation of a 2017 NOX
and VOC base year emissions inventory to meet requirements for the
Allegan County, Berrien County, Detroit and Muskegon County
nonattainment areas. EPA approved emissions inventories for the Detroit
nonattainment area under the 2015 ozone NAAQS in a separate action on
July 6, 2022 (87 FR 40097). EGLE selected 2017 as the base year because
this was the most recent comprehensive, accurate, and quality assured
(QA) triennial emissions inventory in the National Emissions Inventory
(NEI) database, available at the time the state began preparing the
emissions inventory submittal for the Allegan County, Berrien County,
and Muskegon County areas and is consistent with baseline year for the
RFP plan as required by 40 CFR 51.1310(b). The baseline year for RFP
would be the calendar year for the most recently available triennial
emissions inventory at the time ROP/RFP plans are developed (e.g., 2017
for initial designations effective in 2018) (83 FR 62998). At the time
that EGLE prepared its inventory of 2017 emissions to address the
requirements of section 182(a)(1), several improvements in data sources
were not yet available. Specifically, EGLE relied upon a version of the
2017 NEI that did not include a revised point source inventory to
correct airport emissions. Additionally, EGLE relied upon the 2016v1
modeling platform (which did not yet include improvements from the
2016v2 modeling platform) including updated information from the 2017
NEI, MOVES3, and revised inventory methodologies. EPA is not evaluating
Michigan's 2017 emissions inventory against platforms or data sources
that were not available at the time of submission. Table 1 shows the
Allegan County, Berrien County, and Muskegon County areas' 2017
NOX emissions in tons per ozone season day.\2\ Table 2 shows
the Allegan County, Berrien County, and Muskegon County areas' 2017 VOC
emissions in tons per ozone season day.
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    \2\ The ozone season is the portion of the year in which high
ozone concentrations may be expected in a given area.

                                                      Table 1--2017 Ozone Season Day NOX Emissions
                                                                       [Tons/day]
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                                                                                Total NOX
                         County/NAA                              Event      Biogenics       Area       Non-road     On-road       Point
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Allegan.....................................................         0.02         0.96         0.73         0.83         2.83         1.76          7.13
Berrien.....................................................         0.02         1.42         1.11         1.35         6.70         2.09         12.69
Muskegon....................................................         0.02         0.49         1.01         0.79         2.91         0.19          5.41
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                                                      Table 2--2017 Ozone Season Day VOC Emissions
                                                                       [Tons/day]
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                         County/NAA                              Event      Biogenics       Area       Non-road     On-road       Point       Total VOC
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Allegan.....................................................         0.33        18.12         3.72         0.90         1.50         0.60         25.17
Berrien.....................................................         0.41        19.69         6.47         2.03         3.49         0.95         33.04
Muskegon....................................................         0.30        19.97         3.79         1.40         2.04         0.49         27.99
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    EGLE estimated NOX and VOC emissions for all source
categories in the Allegan County, Berrien County, and Muskegon County
ozone nonattainment areas. Emissions for these counties were totaled by
source category for each ozone nonattainment area.
    To develop emissions inventories for the year 2017, Michigan began
with annual emissions data contained in the 2017 NEI for the point,
nonpoint, on-road, nonroad, biogenic, and event categories. Ozone
season day emissions were calculated by determining the representative
typical ozone season month during the May 1-September 30 ozone season
period by defining all days with ambient air monitor values at or above
70 parts per billion as ``typical ozone season'' days. EGLE then
assessed which months contained the most typical ozone season days or
the days with the highest measured values or greatest impact on the
design values. Using this methodology, EGLE selected July as the
representative typical ozone season month. To convert annual emissions
data to ozone season day values, EGLE extracted data from EPA's 2016v1
modeling platform and calculated a conversion factor for the point,
nonpoint, on-road, nonroad, and biogenic data categories. EGLE
determined the event category emissions were too low and too variable
from year to year to benefit from applying a conversion factor. For
partial county nonattainment areas, a scaling factor was also applied
before obtaining the emissions. EGLE also analyzed the impact of
weekend day emissions on monitored design values. EGLE determined that
weekend day emissions have a large impact on individual monitor design
values and included weekend days in the calculation of typical ozone
season day emission values.
    For point sources, EGLE calculates and stores emissions data
annually in the state's air emissions inventory database. Under the
authority of Michigan Air Pollution Control Rule 2 (R 336.202) and AQD-
013, EGLE requires any facility in the state that emits a pollutant
above the thresholds

specified to submit emissions inventory statements annually. These
reports contain detailed source type-specific or annual source unit-
specific and seasonal actual emissions for all source units in a
facility. QA is performed when the data are submitted to the Emissions
Inventory System Gateway.
    For area source (sometimes referred to as non-point source)
emissions, EGLE relied on a variety of state-specific data to estimate
emissions based on EPA's procedures and guidance for the 2017 base
emissions inventory. Area sources are spread over wide areas with no
distinct discharge points or are comprised of a large number of small
point sources that are difficult to describe separately and whose
emissions are not well characterized (e.g., heating furnaces in
individual homes, architectural surface coating, automobile refueling,
dry cleaning, etc.). To develop an accurate and complete area source
inventory, EGLE used annual emissions from the 2017 NEI and monthly
emissions profiles from 2016v1 platform data. EGLE calculated 2017
emissions estimations by applying conversion factors to the July
monthly emission profile to obtain daily emissions. A scaling factor
was applied to the area source emissions for the partial county 2015
ozone NAAQS nonattainment areas.
    On-road and non-road mobile source emissions were developed by EGLE
using annual emissions from the 2017 NEI and monthly emissions profiles
from 2016v1 platform data. On-road mobile sources include emissions
from motorized vehicles that are normally operated on public roadways.
This includes passenger cars, motorcycles, minivans, sport-utility
vehicles, light-duty trucks, heavy duty trucks, and buses. Non-road
mobile sources include emissions from locomotives, aircraft, marine,
off-road vehicles and non-road equipment such as lawn and garden
equipment.
    For biogenics, which comprise of emissions that come from natural
sources, EGLE utilized the annual emissions from the 2017 NEI and
monthly emissions profiles from 2016v1 platform data. EGLE applied a
conversion factor 2016v1 platform July emissions to obtain ozone season
day emissions for the 2017 NEI annual values. For the event category,
which is primarily comprised of wildfire emissions, EGLE relied on the
2017 NEI emissions in entirety.

III. Michigan's Emissions Statement Rule

    Section 182(a)(3)(B) of the CAA requires states to include
regulations in the SIP to require sources (source facilities) to submit
annual statements characterizing sources of NOX and VOC
emissions within the source facilities and to report actual
NOX and VOC emissions for these sources. EPA approved the
majority of EGLE's December 18, 2020, submittal pertaining to the
certification of EGLE's stationary annual emissions statement
regulation under the 2015 ozone NAAQS in a separate EPA action on July
6, 2022 (87 FR 40097). The remaining request included in EGLE's
December 18, 2020, submittal, which was not addressed in EPA's separate
action, was the removal of Act 348, Section 14a from the SIP. Act 348,
Section 14a was repealed in 1995 and required annual fee payment by
certain sources to EGLE as part of the elements for the Michigan Title
V Renewable Operating Permit Program.

IV. EPA's Evaluation

A. Emissions Inventory

    EPA reviewed Michigan's December 18, 2020, submittal for
consistency with sections 172(c)(3) CAA and 182(a)(1) of the CAA and
with EPA's emissions inventory requirements. In particular, EPA
reviewed the techniques used by EGLE to derive and quality assure the
emissions estimates. EPA has also considered whether Michigan provided
the public with the opportunity to review and comment on the
development of the emissions estimates, whether Michigan confirmed that
source facility emissions statements are required for the 2015 ozone
standard, and whether the state addressed all public comments. EGLE
documented the procedures used to estimate the emissions for each of
the major source types. The documentation of the emissions estimation
procedures is thorough and is adequate for EPA to determine that
Michigan followed acceptable procedures to estimate the emissions.
Accordingly, EPA concludes that Michigan has developed inventories of
NOX and VOC emissions that are comprehensive and complete.

B. Emissions Statement Rule

    As mentioned earlier, EPA approved the portions of EGLE's December
18, 2020, submittal pertaining to the certification of EGLE's
stationary annual emissions statement regulation under the 2015 ozone
NAAQS in a separate EPA action on July 6, 2022 (87 FR 40097). EGLE
requested the removal of Act 348, Section 14a from the SIP which was
repealed in 1995 and required annual fee payment by certain sources to
EGLE. Act 348, Section 14a does not address the requirements related to
attainment and maintenance of the NAAQS under Section 110 of the CAA.
EPA has determined that Act 348, Section 14a was erroneously
incorporated into the SIP. Instead, Act 348, Section 14a addresses the
requirements under title V of the CAA for operating permit programs.
EPA fully approved Michigan's title V Renewable Operating Permit
Program on November 10, 2003 (68 FR 63735). Since Act 348, Section 14a
has been repealed and does not address the requirements related to
attainment and maintenance of the NAAQS under Section 110 of the CAA,
EPA is approving EGLE's request to remove Act 348, Section 14a from the
Michigan SIP.

V. Michigan's Public Notice and Comment

    Title 40 of the Code of Federal Regulations, part 51, appendix V
requires that the State provide sufficient notice and opportunity for
public comment and hearing on all SIP submittals. On September 7, 2020,
EGLE notified the public of the 30-day period for the opportunity to
comment, with respect to the requested SIP revisions pertaining to the
emission inventories for the 2015 ozone NAAQS nonattainment areas and
updates to the statewide emission statement program. The notification
was published on EGLE's website at: https://www.michigan.gov/documents/deq/deq-aqd-sip-pub_notice_Info_610029_7.pdf. EGLE did not receive any
public comments or requests for a public hearing by the stated date in
the public notice, therefore, EGLE canceled the public hearing.

VI. What action is EPA taking?

    EPA is approving Michigan's SIP revision submitted on December 18,
2020, to address the ozone-related emissions inventory requirements for
the Allegan County, Berrien County, and Muskegon County ozone
nonattainment areas for the 2015 ozone NAAQS. The emissions inventories
we are approving into the SIP are specified in Tables 1 and 2, above.
We are approving the emissions inventories because they contain
comprehensive, accurate, and current inventories of actual emissions
for all relevant sources in accordance with CAA sections 172(c)(3) and
182(a), and because Michigan adopted the emissions inventories after
providing for reasonable public notice and opportunity for a public
hearing. We are also approving the removal of the repealed Act 348,
Section 14a from the Michigan SIP, which does not address the
requirements related to attainment

and maintenance of the NAAQS under Section 110 of the CAA, but rather
addresses the requirements under title V of the CAA for operating
permit programs. In addition, we are also correcting a typographical
error contained in the codification of our own July 6, 2022 (87 FR
40097), action. In that action, on page 40009, we incorrectly
identified that we were approving sections 324.5003, 324.5524 and
324.5525 of Act 451 of 1994, as amended, where the correct citations
for the approved sections are 324.5503, 324.5524 and 324.5525.
    We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the state plan if relevant adverse
written comments are filed. This rule will be effective March 20, 2023
without further notice unless we receive relevant adverse written
comments by February 17, 2023. If we receive such comments, we will
withdraw this action before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on the proposed action. EPA will not institute a second comment
period. Any parties interested in commenting on this action should do
so at this time. Please note that if EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, EPA may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
If we do not receive any comments, this action will be effective March
20, 2023.

VII. Incorporation by Reference

    In this document, EPA is amending regulatory text that includes
incorporation by reference. As described in Section III of this
preamble and set forth in the amendments to 40 CFR part 52 below, EPA
is removing provisions of the EPA-Approved Michigan Regulations from
the Michigan State Implementation Plan, which is incorporated by
reference in accordance with the requirements of 1 CFR part 51.

VIII. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 20, 2023. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of this Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: January 5, 2023.
Debra Shore,
Regional Administrator, Region 5.

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

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

0
2. In Sec.  52.1170:
0
a. In paragraph (c) amend the table by:
0
i. Removing the entry for ``Act 348 of 1965, as amended'' with an EPA
approval date of 7/6/2022; and
0
ii. Revising the entry for ``Act 451 of 1994, as amended''.
0
b. In paragraph (e) amend the table under the sub-heading ``Emissions
Inventories'' by adding a second entry for ``2015 8-hour ozone 2017
base year'' before the entry for ``1997 annual PM2.5 2005
base year''.
    The revision and addition read as follows:

Sec.  52.1170  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Michigan Regulations
----------------------------------------------------------------------------------------------------------------
                                                             State
        Michigan citation                 Title         effective date   EPA approval date         Comments
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                  State Statues
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Act 451 of 1994, as amended......  Natural Resources         3/30/1995  7/6/2022, 87 FR      Only sections
                                    and Environmental                    40097.               324.5503, 324.5524
                                    Protection Act.                                           and 324.5525.

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

* * * * *
    (e) * * *

                       EPA-Approved Michigan Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                        Applicable
    Name of nonregulatory SIP         geographic or          State       EPA approval date         Comments
            provision               nonattainment area  submittal date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                              Emission Inventories
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
2015 8-hour ozone 2017 base year.  Allegan County           12/18/2020  1/18/2022, [INSERT
                                    (part), Berrien                      FEDERAL REGISTER
                                    County, and                          CITATION].
                                    Muskegon County
                                    (part).

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

* * * * *
[FR Doc. 2023-00369 Filed 1-17-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: September 14, 2009 (Volume 74, Number 176)]
[Notices]
[Page 47034-47036]
[DOCID:fr14se09-92]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60629; File No. SR-CBOE-2009-063]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change Relating to Temporary Membership Status and Interim Trading
Permit Access Fees

September 4, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''), 15 U.S.C. 78s(b)(1), notice is hereby given that on August
31, 2009, the Chicago Board Options Exchange, Incorporated (``CBOE'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the CBOE. CBOE has
designated this proposal as one establishing or changing a due, fee, or
other charge applicable only to a member under Section 19(b)(3)(A)(ii)
of the Act,\1\ and Rule 19b-4(f)(2) thereunder,\2\ which renders the
proposal effective upon filing with the Commission. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested parties.
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    \1\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \2\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    CBOE proposes to adjust (i) the monthly access fee for persons
granted temporary CBOE membership status (``Temporary Members'')
pursuant to Interpretation and Policy .02 under CBOE Rule 3.19 (``Rule
3.19.02'') and (ii) the monthly access fee for Interim Trading Permit
(``ITP'') holders under CBOE Rule 3.27. The text of the proposed rule
change is available on the Exchange's Web site (http://www.cboe.org/
Legal/), at the Exchange's Office of the Secretary, and at the
Commission.

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

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

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

(a) Purpose
    The current access fee for Temporary Members under Rule 3.19.02 \3\
and the

current access fee for ITP holders under Rule 3.27 \4\ are both $11,310
per month. Both access fees are currently set at the indicative lease
rate (as defined below) for August 2009. The Exchange proposes to
adjust both access fees effective at the beginning of September 2009 to
be equal to the indicative lease rate for September 2009 (which is
$11,287). Specifically, the Exchange proposes to revise both the
Temporary Member access fee and the ITP access fee to be $11,287 per
month commencing on September 1, 2009.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 56458 (September 18,
2007), 72 FR 54309 (September 24, 2007) (SR-CBOE-2007-107) for a
description of the Temporary Membership status under Rule 3.19.02.
    \4\ See Securities Exchange Act Release No. 58178 (July 17,
2008), 73 FR 42634 (July 22, 2008) (SR-CBOE-2008-40) for a
description of the Interim Trading Permits under Rule 3.27.
---------------------------------------------------------------------------

    The indicative lease rate is defined under Rule 3.27(b) as the
highest clearing firm floating monthly rate \5\ of the CBOE Clearing
Members that assist in facilitating at least 10% of the CBOE
transferable membership leases.\6\ The Exchange determined the
indicative lease rate for September 2009 by polling each of these
Clearing Members and obtaining the clearing firm floating monthly rate
designated by each of these Clearing Members for that month.
---------------------------------------------------------------------------

    \5\ Rule 3.27(b) defines the clearing firm floating monthly rate
as the floating monthly rate that a Clearing Member designates, in
connection with transferable membership leases that the Clearing
Member assisted in facilitating, for leases that utilize that
monthly rate.
    \6\ The concepts of an indicative lease rate and of a clearing
firm floating month rate were previously utilized in the CBOE rule
filings that set and adjusted the Temporary Member access fee. Both
concepts are also codified in Rule 3.27(b) in relation to ITPs.
---------------------------------------------------------------------------

    The Exchange used the same process to set the proposed Temporary
Member and ITP access fees that it used to set the current Temporary
Member and ITP access fees. The only difference is that the Exchange
used clearing firm floating monthly rate information for the month of
September 2009 to set the proposed access fees (instead of clearing
firm floating monthly rate information for the month of August 2009 as
was used to set the current access fees) in order to take into account
changes in clearing firm floating monthly rates for the month of
September 2009.
    The Exchange believes that the process used to set the proposed
Temporary Member access fee and the proposed Temporary Member access
fee itself are appropriate for the same reasons set forth in CBOE rule
filing SR-CBOE-2008-12 with respect to the original Temporary Member
access fee.\7\ Similarly, the Exchange believes that the process used
to set the proposed ITP access fee and the proposed ITP access fee
itself are appropriate for the same reasons set forth in CBOE rule
filing SR-CBOE-2008-77 with respect to the original ITP access fee.\8\
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release No. 57293 (February 8,
2008), 73 FR 8729 (February 14, 2008) (SR-CBOE-2008-12), which
established the original Temporary Member access fee, for detail
regarding the rationale in support of the original Temporary Member
access fee and the process used to set that fee, which is also
applicable to this proposed change to the Temporary Member access
fee as well.
    \8\ See Securities Exchange Act Release No. 58200 (July 21,
2008), 73 FR 43805 (July 28, 2008) (SR-CBOE-2008-77), which
established the original ITP access fee, for detail regarding the
rationale in support of the original ITP access fee and the process
used to set that fee, which is also applicable to this proposed
change to the ITP access fee as well.
---------------------------------------------------------------------------

    Each of the proposed access fees will remain in effect until such
time either that the Exchange submits a further rule filing pursuant to
Section 19(b)(3)(A)(ii) of the Act \9\ to modify the applicable access
fee or the applicable status (i.e., the Temporary Membership status or
the ITP status) is terminated. Accordingly, the Exchange may, and
likely will, further adjust the proposed access fees in the future if
the Exchange determines that it would be appropriate to do so taking
into consideration lease rates for transferable CBOE memberships
prevailing at that time.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

    The procedural provisions of the CBOE Fee Schedule related to the
assessment of each proposed access fee are not proposed to be changed
and will remain the same as the current procedural provisions relating
to the assessment of that access fee.
(b) Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\10\ in general, and furthers the
objectives of Section 6(b)(4) of the Act \11\ in particular, in that it
is designed to provide for the equitable allocation of reasonable dues,
fees, and other charges among persons using its facilities.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

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

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

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

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

    Because the foregoing rule change establishes or changes a due,
fee, or other charge imposed by the Exchange, it has become effective
pursuant to Section 19(b)(3)(A) of the Act \12\ and subparagraph (f)(2)
of Rule 19b-4 \13\ thereunder. At any time within 60 days of the filing
of the proposed rule change, the Commission may summarily abrogate such
rule change if it appears to the Commission that such action is
necessary or appropriate in the public interest, for the protection of
investors, or otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2009-063 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2009-063. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference

Section, 100 F Street, NE., Washington, DC 20549 on official business
days between the hours of 10 a.m. and 3 p.m.. Copies of such filing
also will be available for inspection and copying at the principal
office of the CBOE. All comments received will be posted without
change; the Commission does not edit personal identifying information
from submissions. You should submit only information that you wish to
make available publicly. All submissions should refer to File Number
SR-CBOE-2009-063 and should be submitted on or before October 2, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 C.F.R. 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-21994 Filed 9-11-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: March 8, 2006 (Volume 71, Number 45)]
[Notices]
[Page 11596-11597]
[DOCID:fr08mr06-49]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP06-52-000]

Bluestem Pipeline, L.L.C.; Notice of Petition

February 28, 2006.
    Take notice that on January 19, 2006, Bluestem Pipeline, L.L.C.
(Bluestem), 9520 North May Avenue, Suite 300, Oklahoma City, Oklahoma
73120, filed in Docket No. CP06-52-000 a petition for a declaratory
order pursuant to Rule 207 of the Commission's Rules and Regulations
(18 CFR 385.207). Specifically, Bluestem requests a finding that upon
Bluestem's acquisition of certain natural gas facilities located in
Allen County, Kansas, from Southern Star Central Gas Pipeline, its
ownership and operation of the facilities will not be subject to the
Commission's jurisdiction pursuant to the gathering exemption provided
in section 1(b) of the Natural Gas Act.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant. On or before the comment date, it is
not necessary to serve motions to intervene or protests on persons
other than the Applicant.
    The Commission encourages electronic submission of protests and

interventions in lieu of paper using the ``defiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible online at http://www.ferc.gov, using the

``library'' link and is available for review in the Commission's Public
Reference Room in Washington, DC. There is a ``subscription'' link on
the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.
    Comment Date: March 20, 2006.

Magalia R. Salas,
Secretary.
 [FR Doc. E6-3193 Filed 3-7-06; 8:45 am]

BILLING CODE 6717-01-P


27 de enero de 2014

Amarilis Otero Oficina del Comisionado de Navegación

Dra. Nilda M. Jiménez Asesor Técnico Negociado de Pesca y Vida Silvestre

COMENTARIOS A EVENTO PUERTO DEL REY OFFSHORE TOUR (RO-19-12-2013-EM-857)

El área donde proponen llevar a cabo el evento es una donde se reportan manatíes frecuentemente y se han reportado incidentes con embarcaciones además de crías huérfanas.  Sin embargo, debido a que la mayor parte del circuito va a establecerse en aguas profundas y un poco retirado de la costa, las probabilidades de un incidente con un manatí son menores.  En el pasado el proponente ha indicado que en el área delimitada como de amortiguamiento tendrían embarcaciones con observadores de manatíes.  Estas personas estarían en comunicación por radio en una frecuencia exclusiva para alertarse de cualquier observación.  En adición a esto, tendrían una bandera azul que indicaría la presencia de manatíes en el área para detener el evento de ser así.  Sin embargo, habiendo estado presente durante uno de estos eventos, pudimos observar que este sistema no resultó efectivo ya que el personal utilizado para observar manatíes carecía de adiestramiento y compromiso con la actividad.  Pudimos constatar que uno de estos observadores se fue de paseo durante el evento.  En adición a esto, el número de embarcaciones con observadores no era suficiente para evaluar adecuadamente el área ya que el circuito era muy extenso.  Por lo antes mencionado se recomienda que se requiera que el circuito sea monitoreado por aire, utilizando un helicóptero, con dos observadores con experiencia previa en censos aéreos a bordo.

Por lo antes mencionado, se recomienda que para otorgar el permiso solicitado se establezcan las siguientes condiciones:

   1. El área del circuito debe ser monitoreada mediante helicóptero desde media hora antes de que comience el evento hasta que termine la carrera.  A bordo del helicóptero deben ir dos personas con experiencia previa en detección de manatíes desde el aire.  Ellos estarían a cargo de detener el comienzo de la carrera o su continuación al avistar un manatí dentro del circuito de la carrera, el área de amortiguamiento o de espectadores.  Si un manatí es observado en el área, la actividad debe detenerse y no reanudarse hasta que el manatí se haya alejado del lugar por su propia cuenta.             2. Los organizadores del evento deben recibir orientación sobre qué hacer en caso de algún incidente con un manatí.  Estos deben comunicarse de forma inmediata con las coordinadoras de varamientos de mamíferos marinos del Programa de Rescate de Mamíferos Marinos a cualquiera de los siguientes teléfonos:<PHONE_NUMBER> (Nilda Jiménez);<PHONE_NUMBER> (Grisel Rodríguez).           3. Las personas que estén observando el evento deberán acatar las mismas restricciones de velocidad.  Será responsabilidad de los organizadores advertir a los visitantes sobre las medidas preventivas implementadas para el evento.

   4. Las personas que se inscriban deben recibir un folleto informativo con información sobre conservación de manatíes y las reglas de la carrera. Ejemplos de este tipo de folleto informativo pueden ser obtenidos a través del Programa de Rescate de Mamíferos Marinos del Departamento.           5. Incumplimiento o faltas a estas condiciones deberían resultar en la denegación de futuros eventos deportivos de esta índole en el área.


[Federal Register Volume 82, Number 7 (Wednesday, January 11, 2017)]
[Notices]
[Page 3301]
[FR Doc No: 2017-00388]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

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

    Docket Numbers: EG17-37-000.
    Applicants: CP Bloom Wind LLC.
    Description: Self-Certification of Exempt Wholesale Generator
Status of CP Bloom Wind LLC.
    Filed Date: 1/4/17.
    Accession Number: 20170104-5116.
    Comments Due: 5 p.m. ET 1/25/17.

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

    Docket Numbers: ER17-741-000.
    Applicants: Northern States Power Company, a Minnesota corporation.
    Description: Sec.  205(d) Rate Filing: 2017-01-04 OTP Sheyenne Ltr
Agrmt--639--0.0.0 to be effective 3/6/2017.
    Filed Date: 1/4/17.
    Accession Number: 20170104-5077.
    Comments Due: 5 p.m. ET 1/25/17.

    Docket Numbers: ER17-742-000.
    Applicants: CP Bloom Wind LLC.
    Description: Baseline eTariff Filing: Initial Application for
Market-Based Rate Authority to be effective 3/6/2017.
    Filed Date: 1/4/17.
    Accession Number: 20170104-5101.
    Comments Due: 5 p.m. ET 1/25/17.

    Docket Numbers: ER17-743-000.
    Applicants: American Falls Solar, LLC.
    Description: Baseline eTariff Filing: Filing of Shared Facilities
Agreement and Request Certain Waivers to be effective 1/5/2017.
    Filed Date: 1/4/17.
    Accession Number: 20170104-5119.
    Comments Due: 5 p.m. ET 1/25/17.

    Docket Numbers: ER17-744-000.
    Applicants: American Falls Solar II, LLC.
    Description: Baseline eTariff Filing: Filing of Shared Facilities
Agreement and Request Certain Waivers to be effective 1/5/2017.
    Filed Date: 1/4/17.
    Accession Number: 20170104-5120.
    Comments Due: 5 p.m. ET 1/25/17.

    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: January 4, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-00388 Filed 1-10-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 137 (Friday, July 17, 2015)]
[Notices]
[Pages 42571-42575]
[FR Doc No: 2015-17575]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. IC-31714; File No. 812-14336]

Horace Mann Life Insurance Company, et al; Notice of Application

July 13, 2015.
AGENCY:  Securities and Exchange Commission (``Commission'').

ACTION:  Notice of application for an order approving the substitution
of certain securities pursuant to Section 26(c) of the Investment
Company Act of 1940, as amended (the ``1940 Act'').

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

Applicants: Horace Mann Life Insurance Company (``Horace Mann''), and
Horace Mann Life Insurance Company Separate Account and Horace Mann
Life Insurance Company Qualified Group Annuity Separate Account
(collectively, the ``Separate Accounts,'' and together with Horace
Mann, the ``Applicants'').
SUMMARY OF APPLICATION: The Applicants seek an order pursuant to
Section 26(c) of the 1940 Act approving the substitution of shares
issued by certain investment portfolios (the ``Existing Portfolios'')
of registered investment companies with shares of certain investment
portfolios (the ``Replacement Portfolios'') of registered investment
companies, under certain variable annuity contracts (the
``Contracts''), each funded through the Separate Accounts.

DATES:  Filing Date: The application was filed on July 25, 2014, and
amended on January 14, 2015, and May 27, 2015.

Hearing or Notification of Hearing: An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary and serving applicants with a copy of the request, personally
or by mail. Hearing requests should be received by the Commission by
5:30 p.m. on August 6, 2015, and should be accompanied by proof of
service on applicants, in the form of an affidavit or, for lawyers, a
certificate of service. Pursuant to Rule 0-5 under the 1940 Act,
hearing requests should state the nature of the writer's interest, any
facts bearing upon the desirability of a hearing on the matter, the
reason for the request, and the issues contested. Persons who wish to
be notified of a hearing may request notification by writing to the
Commission's Secretary.

ADDRESSES:  Secretary, U.S. Securities and Exchange Commission, 100 F
Street NE., Washington, DC 20549-1090; Applicants: Elizabeth E. Arthur,
Esq., Maureen Bolinger, Horace Mann Life Insurance Company, One Horace
Mann Plaza, Springfield, Illinois 62715.

FOR FURTHER INFORMATION CONTACT:  Michael S. Didiuk, Senior Counsel, at
(202) 551-6839, or Holly L. Hunter-Ceci, Branch Chief, at (202) 551-
6825 (Division of Investment Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION:  The following is a summary of the
application. The complete application may be obtained via the
Commission's Web site by searching for the file number, or an applicant
using the Company name box, at http://www.sec.gov/search/search.htm or
by calling<PHONE_NUMBER>.

Applicants' Representations

    1. Horace Mann is a stock life insurance company organized under
the laws of Illinois. Horace Mann is engaged in the sale of individual
and group life insurance and annuity contracts on a non-participating
basis. Horace Mann is an indirect wholly owned subsidiary of Horace
Mann Educators Corporation, a publicly-held insurance holding company
traded on the New York Stock Exchange. Horace Mann established the
Horace Mann Life Insurance Company Separate Account on October 9, 1965,
under Illinois law, and established the Horace Mann Life Insurance
Company Qualified Group Annuity Separate Account on October 16, 2006,
under Illinois law.
    2. Each of the Separate Accounts meets the definition of ``separate
account'' as defined in Section 2(a)(37) of the 1940 Act. The Separate
Accounts are registered with the Commission under the 1940 Act as unit
investment trusts. The assets of the Separate Accounts support the
Contracts, and interests in the Separate Accounts offered through such
Contracts have been registered under the Securities Act of 1933 (``1933
Act'') on Form N-4. The application sets forth the registration
statement file numbers for the Contracts and the Separate Accounts.
Horace Mann is the legal owner of the assets in the Separate Accounts.
The assets of the Separate Accounts may not be chargeable with
liabilities arising out of any other business of Horace Mann.
    3. The Contracts are issued either as individual or group
contracts, with group contract participants acquiring certain ownership
rights as described in the group contract or plan documents. Contract
owners and participants in group contracts (each a ``Contract owner'')
may allocate some or all of their Contract value to one or more
subaccounts available as investment options under their respective
Contract. Each subaccount corresponds to a portfolio of an underlying
registered open-end management investment company in which the Separate
Account invests. A Contract owner may also invest some or all of his/
her Contract value to a fixed account investment option, which is
supported by assets of Horace Mann's general account.
    4. The Applicants state that under the Contracts, Horace Mann
reserves the right to substitute shares of one portfolio for shares of
another portfolio if: (i) Shares of a registered open-end management
investment company are no longer available for investment by the
Separate Account; or (ii) Horace Mann determines that further
investments in a registered open-end management investment company are
inappropriate in view of the purposes and objectives of a Contract.
    5. The Applicants propose the substitution of shares of the
Existing Portfolios with shares of the Replacement Portfolios under the
Contracts, each funded through the Separate Accounts. The Separate
Accounts are segmented into subaccounts, and certain of these
subaccounts invest in the Existing Portfolios. Each subaccount's
income, gains, and losses, whether or not realized, are credited to or
charged against the amounts allocated to that

subaccount in accordance with the terms of the Contracts without regard
to other income, gains, or losses of the remaining subaccounts or of
Horace Mann. The Applicants state that the proposed substitutions
involve redeeming shares of the Existing Portfolios for cash. The
proceeds of such redemptions will then be used to purchase shares of
the corresponding Replacement Portfolio, as each subaccount of the
Separate Accounts will invest the proceeds of its redemption from the
Existing Portfolios in the applicable Replacement Portfolios.
    6. Applicants propose, as set forth below, to substitute shares of
the Replacement Portfolios for shares of the Existing Portfolios
(``Substitutions''):

------------------------------------------------------------------------
     Sub. No.           Existing portfolio        Replacement portfolio
------------------------------------------------------------------------
1................  Wilshire Mutual Funds Inc.--  Variable Insurance
                    Wilshire 5000 Index\SM\       Products Fund II--
                    Fund--Institutional Class.    Index 500 Portfolio--
                                                  Service Class 2.
2................  Wilshire Mutual Funds Inc.--  .......................
                    Wilshire 5000 Index\SM\
                    Fund--Investment Class.
3................  Variable Insurance Products   .......................
                    Fund IIII--Growth & Income
                    Portfolio--Service Class 2.
4................  Davis Variable Account Fund,  .......................
                    Inc.--Davis Value Portfolio.
5................  T. Rowe Price Equity Series,  .......................
                    Inc.--T. Rowe Price Equity
                    Income Portfolio--II.
6................  Wilshire Large Company Value  .......................
                    Portfolio--Investment Class.
7................  Fidelity Variable Insurance   .......................
                    Products Fund--Growth
                    Portfolio--Service Class 2.
8................  Wilshire Mutual Funds Inc.--  .......................
                    Wilshire Large Company
                    Growth Portfolio--
                    Institutional Class.
9................  Wilshire Large Company        .......................
                    Growth Portfolio--
                    Investment Class.
10...............  Delaware VIP Trust--Delaware  .......................
                    VIP U.S. Growth Series--
                    Service Class.
11...............  AllianceBernstein Variable    .......................
                    Products Series Fund, Inc.--
                    AllianceBernstein Large Cap
                    Growth Portfolio--Class B.
12...............  Dreyfus Investment            Calvert VP S&P MidCap
                    Portfolios--Dreyfus MidCap    400 Index Portfolio--
                    Stock Portfolio--Service      Class F.
                    Shares.
13...............  Variable Insurance Products   .......................
                    Fund III--Mid Cap
                    Portfolio--Service Class 2.
14...............  Rainier Investment            .......................
                    Management Mutual Funds--
                    Rainier Small/Mid Cap
                    Equity Fund--Original
                    Shares.
15...............  Aerial Investment Trust--     .......................
                    Ariel Appreciation Fund--
                    Investor Class.
16...............  Goldman Sachs Variable        .......................
                    Insurance Trust--Goldman
                    Sachs Mid Cap Value Fund--
                    Service Shares.
17...............  American Century Variable     .......................
                    Portfolios, Inc.--VP Mid
                    Cap Value Fund--Class 1.
18...............  Wells Fargo Variable Trust--  .......................
                    Wells Fargo Advantage VT
                    Opportunity Fund--Class 2.
19...............  AllianceBernstein Variable    .......................
                    Products Series Fund, Inc.--
                    AllianceBernstein Small/Mid
                    Cap Value Portfolio--Class
                    B.
20...............  Aerial Investment Trust--     .......................
                    Ariel Fund--Investor Class.
21...............  Lord Abbet Series Fund,       .......................
                    Inc.--Growth Opportunities
                    Portfolio--Class VC.
22...............  Putnam Variable Trust--       .......................
                    Putnam VT Multi-Cap Growth
                    Fund--Class IB.
23...............  Delaware VIP Trust--Delaware  .......................
                    VIP Smid Cap Growth Series--
                    Service Class (formerly
                    Delaware VIP Growth
                    Opportunities Series,
                    Service Class).
24...............  Goldman Sachs Variable        Dreyfus Small Cap Stock
                    Insurance Trust--Goldman      Index Portfolio--
                    Sachs Small Cap Equity        Service Shares.
                    Insights Fund--
                    Institutional Shares.
25...............  Lazard Retirement Series,     .......................
                    Inc.--Lazard Retirement US
                    Small-Mid Cap Equity
                    Portfolio--Service Shares.
26...............  Neuberger Berman Equity       .......................
                    Funds--Neuberger Berman
                    Genesis Fund--Advisor Class.
27...............  T. Rowe Price Small-Cap       .......................
                    Stock Fund, Inc.--T. Rowe
                    Price Small-Cap Stock Fund--
                    Advisor Class.
28...............  T. Rowe Price Small-Cap       .......................
                    Value Fund, Inc.--T. Rowe
                    Price Small-Cap Value Fund--
                    Advisor Class.
29...............  Wilshire Small Company Value  .......................
                    Portfolio--Investment Class.
30...............  Royce Capital Fund--Royce     .......................
                    Small-Cap Portfolio--
                    Investment Class.
31...............  AllianceBernstein Variable    .......................
                    Products Series Fund, Inc.--
                    AllianceBernstein Small Cap
                    Growth Portfolio--Class B.
32...............  Wilshire Mutual Funds Inc.--  .......................
                    Wilshire Small Company
                    Growth Portfolio--
                    Investment Class.
33...............  Delaware VIP Trust--Delaware  Variable Insurance
                    VIP REIT Series--Service      Products Fund IV--Real
                    Class.                        Estate Portfolio--
                                                  Service Class 2.
34...............  Fidelity Variable Insurance   Franklin Templeton
                    Products Fund--High Income    Variable Insurance
                    Portfolio--Service Class 2.   Products Trust--High
                                                  Income VIP Fund--Class
                                                  2.
35...............  ALPS Variable Investment      Fidelity VIP V--
                    Trust--Ibbotson               FundsManager 20%
                    Conservative ETF Asset        Portfolio--Service
                    Allocation Portfolio--Class   Class 2.
                    II.
36...............  ALPS Variable Investment      Fidelity VIP V--
                    Trust--Ibbotson Income and    FundsManager 50%
                    Growth ETF Asset Allocation   Portfolio--Service
                    Portfolio--Class II.          Class 2.
37...............  ALPS Variable Investment      Fidelity VIP V--
                    Trust--Ibbotson Balanced      FundsManager 60%
                    ETF Asset Allocation          Portfolio--Service
                    Portfolio--Class II.          Class 2.
38...............  ALPS Variable Investment      Fidelity VIP V--
                    Trust--Ibbotson Growth ETF    FundsManager 70%
                    Asset Allocation Portfolio--  Portfolio--Service
                    Class II.                     Class 2.
39...............  ALPS Variable Investment      Fidelity VIP V--
                    Trust--Ibbotson Aggressive    FundsManager 85%
                    Growth ETF Asset Allocation   Portfolio--Service
                    Portfolio--Class II.          Class 2.
40...............  Fidelity Variable Insurance   American Funds
                    Products Fund II--Emerging    Insurance Series--New
                    Markets Portfolio--Service    World Fund--Class 4.
                    Class 2.
------------------------------------------------------------------------

    7. The Applicants state that the proposed Substitutions involve
substituting a Replacement Portfolio for an Existing Portfolio with
very similar--and at times, substantially identical--investment
objectives, investment strategies, and principal risks and therefore
the expectations of Contract owners will continue to be met after the
proposed Substitutions. The Applicants state that the performance for
the Replacement Portfolios is at least comparable to that of the
Existing Portfolios. Additional information for each Existing Portfolio
and the corresponding Replacement Portfolio, including investment
objectives, principal investment strategies, principal risks, and
performance can be found in the application.
    8. Applicants represent that Contract owners with Contract value
allocated to the subaccounts of the Existing Portfolios will have the
same or lower total net annual operating expenses (i.e. total annual
portfolio operating expenses after taking into account any fee waiver
or expense reimbursement) after the proposed Substitutions as before
the proposed Substitutions (based on the periods covered by the most
recent prospectuses for the Existing and Replacement Portfolios),
except for the following Substitutions: \1\
---------------------------------------------------------------------------

    \1\ For Substitution #36 the total annual operating expenses of
the Replacement Portfolio for the period covered by the most recent
prospectus dated April 30, 2015, were lower than those of the
Existing Portfolio for the same period only after taking into
account any contractual fee waivers/expense reimbursement applied
under the Replacement Portfolio.

------------------------------------------------------------------------
    Sub. No.          Existing portfolio         Replacement portfolio
------------------------------------------------------------------------
37.............  ALPS Variable Insurance      Fidelity VIP V--
                  Trust--Ibbotson Balanced     FundsManager 60%
                  ETF Asset Allocation         Portfolio.
                  Portfolio.
38.............  ALPS Variable Insurance      Fidelity VIP V--
                  Trust--Ibbotson Growth ETF   FundsManager 70%
                  Asset Allocation Portfolio.  Portfolio.
39.............  ALPS Variable Insurance      Fidelity VIP V--
                  Trust--Ibbotson Aggressive   FundsManager 85%
                  Growth ETF Asset             Portfolio.
                  Allocation Portfolio.
------------------------------------------------------------------------

    Horace Mann represents that it will solicit approval for proposed
Substitutions #37, #38 and #39 from the respective Contract owners
owning interests in the applicable subaccount.
    Further, Applicants represent that each Replacement Portfolio has a
combined management and 12b-1 fee that is less than or equal to that of
the Existing Portfolio, except for the following Substitution:

------------------------------------------------------------------------
    Sub. No.          Existing portfolio         Replacement portfolio
------------------------------------------------------------------------
1..............  Wilshire Mutual Funds Inc.-- Variable Insurance
                  Wilshire 5000 Index\SM\      Products Fund II--Index
                  Fund.                        500 Portfolio.
------------------------------------------------------------------------

    Horace Mann represents that it will solicit approval with respect
to the Substitution involving the Wilshire 5000 Index\SM\ Fund from
Contract owners owning interests in the subaccount.
    9. The Applicants state that the Substitutions proposed are part of
an overall business goal of Horace Mann to improve the administrative
efficiency and cost effectiveness, as well as the attractiveness to
investors, of its Contracts. Horace Mann asserts that it has determined
that a more streamlined array of investment options, concentrated in
fewer fund families, would permit Horace Mann to lower its costs of
administering the Contracts, increase its operational and
administrative efficiencies, and create a more manageable investment
process for Contract owners.
    10. The Applicants represent that Contract owners will also be
notified of this Application by means of a prospectus supplement or
other communication (``Pre-Substitution Notice'') for each of the
Contracts. The Pre-Substitution Notice will notify Contract owners of
Horace Mann's intent to implement the Substitutions; will notify
Contract owners that Horace Mann has filed this Application to obtain
the necessary approval from the Commission to effect the Substitutions;
and will set forth the anticipated Substitution Date. In addition, the
Pre-Substitution Notice will: (a) Advise Contract owners that Contract
values attributable to investments in the Existing Portfolios will be
transferred to the Replacement Portfolios, without any charge that
would otherwise apply (including sales charges or surrender charges)
and without being subject to any limitations on transfers, on the
Substitution Date; (b) state that, from May 1, 2015, through the date
30 days after the Substitutions, Contract owners may make one transfer
of Contract value from the subaccounts investing in the Existing
Portfolios (before the Substitution Date) or the Replacement Portfolios
(after the Substitution Date) to any other available investment option
under the Contract without any charge that would otherwise apply
(including sales charges or surrender charges) and without imposing any
transfer limitations; and (c) inform Contract owners that, except as
described in the market timing/short-term trading provisions of the
relevant prospectus, Horace Mann will not exercise any right it may
have under the Contracts to impose additional restrictions on transfers
between the subaccounts under the Contracts, including any limitation
on the number of transfers permitted, for a period beginning on May 1,
2015, through the date 30 days following the Substitution Date.
Applicant further states that at least 30 days before the Substitution
Date all affected Contract owners will have received the most recent
prospectus for each applicable Replacement Portfolio. Finally, within
five (5) business days following the Substitution Date, Contract owners
affected by the Substitution will receive a written confirmation that
the Substitutions were carried out as previously notified. This
confirmation will restate the information set forth in the Pre-
Substitution Notice and will include the before and after account
values.
    11. Each proposed Substitution will take place at relative net
asset value determined on the Substitution Date pursuant to Section 22
of the 1940 Act and Rule 22c-1 thereunder, with no change in the amount
of any Contract

owner's Contract value or death benefit or in the dollar value of his
or her investments in any of the subaccounts. The procedures to be
implemented are sufficient to assure that each Contract owner's cash
values immediately after the Substitution will be equal to the cash
value immediately before the Substitution. Contract owners will not
incur any fees or charges as a result of the Substitutions, nor will
their rights or Horace Mann's obligations under the Contracts be
altered in any way, and the Substitutions will not change Contract
owners' insurance benefits under the Contracts.
    12. The proposed Substitution will be effected on the Substitution
Date by having the Separate Accounts redeem shares of the Existing
Portfolios for cash.\2\ The proceeds of such redemptions will then be
used to purchase shares of the corresponding Replacement Portfolio, as
each subaccount of the Separate Accounts will invest the proceeds of
its redemption from the Existing Portfolios in the applicable
Replacement Portfolios. Redemption requests and purchase orders will be
placed simultaneously so that Contract values will remain fully
invested at all times.
---------------------------------------------------------------------------

    \2\ To the extent that there are any in-kind redemptions, such
redemptions will be effected in accordance with the conditions set
forth in the no-action letter issued by the Commission staff to
Signature Financial Group (pub. avail. Dec. 28, 1999).
    In the event that a Replacement Portfolio or its investment
adviser declines to accept, on behalf of the Replacement Portfolio,
securities redeemed in-kind by an Existing Portfolio, such Existing
Portfolio will instead provide cash equal to the value of the
declined securities so that the Contract owner's contract values
will not be adversely affected or diluted.
---------------------------------------------------------------------------

    13. Horace Mann will pay all expenses incurred in connection with
the Substitutions, including legal, accounting, transactional, and
other fees and expenses, including brokerage commissions. Contract
owners will not incur any fees or charges as a result of the
Substitutions, nor will their rights or Horace Mann's obligations under
the Contracts be altered in any way, and the Substitutions will not
change Contract owners' insurance benefits under the Contracts. The
Substitutions will not cause the contract fees and charges currently
being paid by Contract owners to be greater after the Substitution than
before the Substitution.
    14. The Applicants represent that Horace Mann will take further
steps to ensure that those Contract owners for whom the total annual
operating expense ratio of the Replacement Portfolio was appreciably
higher than that of the Existing Portfolio do not incur higher expenses
for a period of two years after the Substitution. More specifically,
for two years following the Substitution Date, Horace Mann will
reimburse those who were Contract owners on the Substitution Date and
who, as a result of a Substitution, had Contract value allocated to a
subaccount investing in a Replacement Portfolio such that the
Replacement Portfolio's net annual operating expenses (taking into
account any fee waivers and expense reimbursements) for such period
will not exceed, on an annualized basis, the net annual operating
expenses (taking into account any fee waivers and expense
reimbursements) of the corresponding Existing Portfolio as of the
Existing Portfolio's most recent fiscal year preceding the Substitution
Date. Any adjustments will be made at least on a quarterly basis.

Legal Analysis

    1. Applicants request that the Commission issue an order pursuant
to Section 26(c) of the 1940 Act approving the proposed Substitutions.
Section 26(c) of the 1940 Act prohibits any depositor or trustee of a
unit investment trust that invests exclusively in the securities of a
single issuer from substituting the securities of another issuer
without the approval of the Commission. Section 26(c) provides that
such approval shall be granted by order of the Commission if the
evidence establishes that the substitution is consistent with the
protection of investors and the purposes of the 1940 Act.
    2. The Applicants submit that the Substitutions meet the standards
set forth in Section 26(c) and that, if implemented, the Substitutions
would not raise any of the concerns that Congress intended to address
when the 1940 Act was amended to include this provision. As described
in the application, each Replacement Portfolio and its corresponding
Existing Portfolio have similar, and in some cases substantially
similar or identical, investment objectives and strategies. The
application also states that, except for three Substitutions noted in
the application, the Existing Portfolios will have the same or lower
total net annual operating expenses after the proposed Substitutions as
before the proposed Substitutions. The application states further that
the Existing Portfolios and the Replacement Portfolios have similar,
and in many cases substantially similar, investment policies and risks.
Applicants believe that, to the extent that differences in risks and
strategies do exist, these differences do not introduce Contract owners
to materially greater risks than before the Substitution.
    3. Applicants also maintain that the ultimate effect of the
Substitutions would be to continue to provide Contract owners with a
wide array of investment options and managers, while at the same time
increasing administrative efficiencies of the Contracts and
streamlining and simplifying the investment line-up available to
Contract owners under the affected Contracts.
    4. Applicants state that the Contracts and the Contract
prospectuses disclose that Horace Mann has reserved the right under the
Contracts to substitute shares of another underlying registered open-
end management investment company for one of the current underlying
registered open-end management investment companies offered as an
investment option under the Contracts.
    5. Applicants also assert that the proposed Substitutions are not
of the type that Section 26(c) was designed to prevent because they
will not result in costly forced redemption, nor will they affect other
aspects of the Contracts. In the current situation, Contract owners are
contractually provided investment discretion during the accumulation
phase of the Contracts to allocate and reallocate their Contract value
among the investment options available under the Contracts.
    6. The proposed Substitutions will offer Contract owners the
opportunity to transfer amounts out of the affected subaccounts without
any cost or other penalty (other than those necessary to implement
policies and procedures designed to detect and deter disruptive
transfer and other ``market timing'' activity) that may otherwise have
been imposed for a period beginning on May 1, 2015, and ending no
earlier than 30 days after the Substitution. Applicants posit that this
reduces the likelihood of being invested in an undesired underlying
registered open-end management investment company, with the discretion
remaining with the Contract owners.
    7. Applicants state that the proposed Substitutions are also unlike
the type of substitution that Section 26(c) was designed to prevent in
that the Substitutions have no impact on other aspects of the
Contracts. Specifically, the proposed Substitutions will not affect the
type of benefits offered by Horace Mann under the Contracts, or
numerous other rights and privileges associated with the Contracts.

Applicants' Conditions

    Applicants agree that any order granting the requested relief will
be subject to the following conditions:
    1. The Substitutions will not be effected unless the Applicants
determine that: (a) The Contracts allow the substitution of shares of
registered open-end investment companies in the manner contemplated by
the application; (b) the Substitutions can be consummated as described
in the application under applicable insurance laws; and (c) any
regulatory requirements in each jurisdiction where the Contracts are
qualified for sale have been complied with to the extent necessary to
complete the Substitutions.
    2. The Applicants or their affiliates will pay all expenses and
transaction costs of the Substitutions, including legal and accounting
expenses, any applicable brokerage expenses and other fees and
expenses. No fees or charges will be assessed to the affected Contract
owners to effect the Substitutions.
    3. The Substitutions will be effected at the relative net asset
values of the respective shares in conformity with Section 22(c) of the
1940 Act and Rule 22c-1 thereunder without the imposition of any
transfer or similar charges by Applicants. The Substitutions will be
effected without change in the amount or value of any Contracts held by
affected Contract owners.
    4. The Substitutions will in no way alter the tax treatment of
affected Contract owners in connection with their Contracts, and no tax
liability will arise for Contract owners as a result of the
Substitutions.
    5. The rights or obligations of the Applicants under the Contracts
of affected Contract owners will not be altered in any way. The
Substitutions will not adversely affect any riders under the Contracts.
    6. Affected Contract owners will be permitted to make at least one
transfer of Contract value from the subaccount investing in the
Existing Portfolio (before the Substitution Date) or the Replacement
Portfolio (after the Substitution Date) to any other available
investment option under the Contract without charge for a period
beginning at least 30 days before the Substitution Date through at
least 30 days following the Substitution Date. Except as described in
any market timing/short-term trading provisions of the relevant
prospectus, Horace Mann will not exercise any right it may have under
the Contracts to impose restrictions on transfers between the
subaccounts under the Contracts, including limitations on the future
number of transfers, for a period beginning at least 30 days before the
Substitution Date through at least 30 days following the Substitution
Date.
    7. All affected Contract owners will be notified, at least 30 days
before the Substitution Date about: (a) The intended substitution of
Existing Portfolios with the Replacement Portfolios; (b) the intended
Substitution Date; and (c) information with respect to transfers as set
forth in Condition 6 above. In addition, the Applicants will also
deliver to all affected Contract owners, at least 30 days before the
Substitution Date, a prospectus for each applicable Replacement
Portfolio.
    8. Applicants will deliver to each affected Contract owner within
five (5) business days of the Substitution Date a written confirmation
which will include: (a) A confirmation that the Substitutions were
carried out as previously notified; (b) a restatement of the
information set forth in the Pre-Substitution Notice; and (c) before
and after account values.
    9. For two years following the Substitution Date, Horace Mann will
reimburse those who were Contract owners on the Substitution Date and
who, as a result of a Substitution, had Contract value allocated to a
subaccount investing in a Replacement Portfolio such that the
Replacement Portfolio's net annual operating expenses (taking into
account any fee waivers and expense reimbursements) for such period
will not exceed, on an annualized basis, the net annual operating
expenses (taking into account any fee waivers and expense
reimbursements) of the corresponding Existing Portfolio as of the
Existing Portfolio's most recent fiscal year preceding the Substitution
Date. Any adjustments will be made at least on a quarterly basis. In
addition, for a period of at least two years following the Substitution
Date, the Applicants will not increase the Contract fees and charges--
including asset based charges such as mortality and expense risk
charges deducted from the subaccounts--that would otherwise be assessed
under the terms of Contracts that are in force on the Substitution
Date.

    For the Commission, by the Division of Investment Management,
under delegated authority.
 Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-17575 Filed 7-16-15; 8:45 am]
 BILLING CODE 8011-01-P


C:\ dmautop\ temp\ dwcgi 9574 1072814095 352573000. wpd MEMORANDUM TO: Jesse Pritts and Pat Harrigan, EPA EAD CC: Kathy Monk, EPA EAD FROM: Betsy Bicknell, ERG DATE: February 3, 2003 SUBJECT: Brief: National Fish Tissue Study This memorandum is a partial response to Technical Direction received from Jesse Pritts on January 15, 2003. Among other things, ERG was directed to review briefs prepared by EAD. These briefs evaluate the utility of data sources for determining specific industrial categories or facilities that may pose a risk to human health and the environment or may be significant dischargers of toxic or conventional pollutants to waters of the U. S. due to wastewater and stormwater discharges. This memorandum addresses the brief describing the National Fish Tissue Study.

Overview Ongoing, four year study to develop national estimates of the mean levels of Persistent, Bioaccumulative, and Toxic ( PBT) chemicals in fish. The process began in 1998, with sampling scheduled for 1999 to 2003. Only the first year's results are available at this time.

Comments ° 265 chemicals are included in the study. These include pollutants no longer discharged ( PCBs and certain pesticides); pollutants believed to currently enter waters predominantly through atmospheric deposition, not discharge ( dioxins and mercury, though there may be sediment accumulations from past discharges); and other analytes.

° Polynuclear aromatic hydrocarbons ( PAHs) and metals ( and their metabolites) are also included in the study.

° Of the fish composites tested in the first year of the study, all showed concentrations of dioxin/ furans and PCBs. More than 90 percent showed concentrations of mercury and total DDT. C:\ dmautop\ temp\ dwcgi 9574 1072814095 352573000. wpd ° The only non pesticide found during the first year of the study was octachlorostyrene, detected in eight fish tissue samples. Octachlorostyrene is a by product of wastes from the electrolytic production of chlorine prior to 1970 when graphite anodes and coal tar pitch binder were used.

° From a brief review of the first year's data, it does not appear that currently discharged pollutants were detected in fish tissue samples.

Short term Follow up ( February  March, 2003)

° Review the pollutants included in the study, and using OPPT tools, identify those that may be currently discharged from point sources. Chemicals no longer in commerce and metabolites would be eliminated.

° Use OPPT data to identify pesticides no longer in commerce.

° Use OPPT tools to identify industries from which the identified pollutants may be discharged.

° PAHs are included in the Fish Tissue Study and they may be currently discharged. Review potential sources of point source discharges of PAHs for use in EAD targeting.

Long term Follow up ( after March 2003)

° Review results over the duration of the study, focusing on contaminants that may be discharged from point sources.