UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.C.  20460

OFFICE OF PREVENTION, PESTICIDES

									AND TOXIC SUBSTANCES

Jan 14, 2010

MEMORANDUM

SUBJECT:	Acetamiprid: Revised Human Health Risk Assessment for Proposed Food Uses on Clover Grown for Seed, Small Vine Climbing Fruits, except Fuzzy Kiwifruit, Subgroup 13-07F, Greenhouse Grown Tomatoes and Tea.

PC Code:  099050	DP Barcode:  D372626

Decision No.:  408298	Registration Nos.:  8033-23,  8033-36, 8033-94

Petition No.:  9E7544	Regulatory Action:  Amended Section 3

Risk Assessment Type:  Single Chemical Aggregate	Case No.:  N/A

TXR No.:  N/A	CAS No.:  135410-20-7

MRID Nos.:  N/A	40 CFR:  §180.578

FROM:	Dennis McNeilly, Chemist

		Registration Action Branch 2

Health Effects Division (7509P)

THROUGH:	Christina Swartz, Branch Chief

	Richard Loranger, Ph.D., Senior Scientist

Registration Action Branch 2

Health Effects Division (7509P)

TO:			Laura Nollen, Risk Manager Reviewer

			Barbara Madden, Team Leader (RM Team 5)

			RIMUERB/Registration Division (RD) (7505P)

Table of Contents

  TOC \f \h    HYPERLINK \l "_Toc250621793"  1.0  Executive Summary	  PAGEREF _Toc250621793 \h  3

  HYPERLINK \l "_Toc250621794"  2.0	Summary of Toxicological Doses and Endpoints for Use in Human Risk Assessments	  PAGEREF _Toc250621794 \h  5

  HYPERLINK \l "_Toc250621795"  3.0	Dietary Exposure/Risk Characterization	  PAGEREF _Toc250621795 \h  6

  HYPERLINK \l "_Toc250621796"  4.0	Residential (Non-Occupational) Exposure/Risk Characterization	  PAGEREF _Toc250621796 \h  9

  HYPERLINK \l "_Toc250621797"  4.1	Residential Handler Exposure	  PAGEREF _Toc250621797 \h  10

  HYPERLINK \l "_Toc250621798"  4.2.	Residential Postapplication Exposure	  PAGEREF _Toc250621798 \h  10

  HYPERLINK \l "_Toc250621799"  5.0	Aggregate Risk Assessments and Risk Characterization	  PAGEREF _Toc250621799 \h  12

  HYPERLINK \l "_Toc250621800"  5.1	Acute Term Aggregate Risk	  PAGEREF _Toc250621800 \h  12

  HYPERLINK \l "_Toc250621801"  5.2	Short- and Intermediate-Term Aggregate Risk	  PAGEREF _Toc250621801 \h  12

  HYPERLINK \l "_Toc250621802"  5.3	Chronic-Term Aggregate Risk	  PAGEREF _Toc250621802 \h  13

  HYPERLINK \l "_Toc250621803"  6.0	Data Needs and Label Recommendations   PAGEREF _Toc250621803 \h  13

  HYPERLINK \l "_Toc250621804"  References:	  PAGEREF _Toc250621804 \h  13

1.0	Executive Summary  TC \l1 "1.0  Executive Summary

This memorandum serves to revise HED’s human health risk assessment for acetamiprid (D. McNeilly, D369474, 12/1/09).  RD has requested that HED redo the dietary exposure analyses using 100% percent crop treated for amended use patterns, i.e., grapes and other crop subgroup 13-07F commodities, and tomatoes.  This memorandum revaluates the acute and chronic dietary risk and exposures, and updates the aggregate exposure and risk based on the revised chronic dietary exposure assessment.

The dietary assessment is partially refined, using field trial data, percent crop-treated values, and various empirical processing factors.  Estimated drinking water concentrations (EDWCs), which are based upon the highest application values of all registered and proposed uses, have been incorporated directly into the dietary exposure model.  Acute and chronic dietary risk estimates for all population subgroups do not indicate a risk of concern.  Acute dietary exposure estimates at the 99.9th percentile are below HED’s level of concern for the general U.S. population and all other population subgroups.  For the U.S. population, the estimated exposure of 0.024 mg/kg/day corresponds to 24% aPAD; for children 1-2 years old, the estimated exposure of 0.043 mg/kg/day corresponds to an acute dietary risk of 43% aPAD.  Chronic dietary exposure to acetamiprid, including existing and proposed uses, is below HED’s level of concern for the U.S. population and all other population subgroups.  For the general US population, an estimated exposure of 0.0028 mg/kg/day corresponds to 4% of the chronic population adjusted dose (cPAD); children 1-2 years old were the highest exposed population subgroup, with an estimate of 0.010 mg/kg/day, or 15% cPAD.  Risks for all population subgroups are less than 100% cPAD, and are not of concern.

Aggregate risk assessments for acute, short-term, and chronic durations were conducted.  Residential exposures incorporated into the aggregate assessments are based on currently registered residential uses (indoor crack and crevice, and outdoor perimeter treatment).  All aggregate assessments indicate no risks of concern (aggregate MOEs ≥ 270).

Environmental Justice Considerations

Potential areas of environmental justice concerns, to the extent possible, were considered for this human health risk assessment, in accordance with US Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,   HYPERLINK "http://www.eh.doe.gov/oepa/guidance/justice/eo12898.pdf"  http://www.eh.doe.gov/oepa/guidance/justice/eo12898.pdf .

As a part of every pesticide risk assessment, OPP considers a large variety of consumer subgroups according to well-established procedures.  In line with OPP policy, HED estimates risks to population subgroups from pesticide exposures that are based on patterns of that subgroup’s food and water consumption, and activities in and around the home that involve pesticide use in a residential setting.  Extensive data on food consumption patterns are compiled by USDA under the CSFII, and are used in pesticide risk assessments for all registered food uses of a pesticide.  These data are analyzed and categorized by subgroups based on age, season of the year, ethnic group, and region of the country.  Whenever appropriate, non-dietary exposures based on home use of pesticide products, associated risks for adult applicators and for toddlers, youths, and adults entering or playing on treated areas post-application are evaluated.  Further considerations are currently in development as OPP has committed resources and expertise to the development of specialized software and models that consider exposure to bystanders and farm workers as well as lifestyle and traditional dietary patterns among specific subgroups.

Review of Human Research

This risk assessment relies in part on data from studies in which adult human subjects were intentionally exposed to a pesticide or other chemical.  These studies, which comprise the Pesticide Handlers Exposure Database (PHED), have been determined to require a review of their ethical conduct, and have received that review. The studies in PHED were considered appropriate (or ethically conducted) for use in risk assessments.

2.0	Summary of Toxicological Doses and Endpoints for Use in Human Risk Assessments  TC \l1 "2.0	Summary of Toxicological Doses and Endpoints for Use in Human Risk Assessments

The following table was labeled as table 3.5.11 in HED’s Dec 1, 2009 review (D369474, D. McNeilly).  It is included here to confirm that end-points have not changed since that recent review and also for easy reference.

Table 3.5.11a.   Summary of Toxicological Doses and Endpoints of Acetamiprid for Use in Dietary and Non-Occupational Human Health Risk Assessment

Exposure Scenario	Dose Used in Risk Assessment	Uncertainty Factors/FQPA Safety Factors	RfD, PAD Level of Concern for Risk Assessment	Study and Toxicological Effect

Acute Dietary (All populations)

	NOAEL = 10 mg/kg/day	UFA = 10x

UFH = 10x

FQPA SF = 1x

	aPAD = 0.10 mg/kg/day	Developmental Neurotoxicity in rat

LOAEL = 45 mg/kg/day based on decreased body weight and body weight gains in offspring, decreased early pup survival on PND 0-1, and decreased startle response on PND 20/60 in males.

Acute Neurotoxicity Study in rat

LOAEL = 30 mg/kg/day based on decreased locomotor activity

Chronic Dietary

all populations	NOAEL = 7.1 mg/kg/day	UFA = 10x

UFH = 10x

FQPA SF = 1x

	cPAD = 0.071 mg/kg/day	Chronic Toxicity/Oncogenicity Study in rats

LOAEL = 17.5 mg/kg/day based on decreased body weight and body weight gains in females and hepatocellular vacuolation in males.

Short- and Intermediate-Term Incidental Oral

(1-30 days and 1-6 mo.)

	NOAEL = 10 mg/kg/day	UFA = 10x

UFH = 10x

FQPA SF = 1x

	LOC for MOE = 100

	Developmental Neurotoxicity in rat

LOAEL = 45 mg/kg/day based on decreased body weight and body weight gains in offspring, decreased early pup survival on PND 0-1, and decreased startle response on PND 20/60 in males.

Short- and Intermediate-term Dermal

(1-30 days, 1–6 mo.)

	NOAEL = 10 mg/kg/day

DAF = 10%	UFA = 10x

UFH = 10x

FQPA SF = 1x

	LOC for MOE = 100

	Developmental Neurotoxicity in rat

LOAEL = 45 mg/kg/day based on decreased body weight and body weight gains in offspring, decreased early pup survival on PND 0-1, and decreased startle response on PND 20/60 in males.

Short- and Intermediate-term Inhalation

(1-30 days, 1–6 mo.)

	NOAEL = 10 mg/kg/day

IAF = 100%	UFA = 10x

UFH = 10x

FQPA SF = 1x

	LOC for MOE = 100

	Developmental Neurotoxicity in rat

LOAEL = 45 mg/kg/day based on decreased body weight and body weight gains in offspring, decreased early pup survival on PND 0-1, and decreased startle response on PND 20/60 in males.

Cancer (oral, dermal, inhalation) - not likely to be carcinogenic to humans.

DAF = dermal absorption factor.  Point of Departure (POD) = A data point or an estimated point that is derived from observed dose-response data and  used to mark the beginning of extrapolation to determine risk associated with lower environmentally relevant human exposures.  NOAEL = no observed adverse effect level.  LOAEL = lowest observed adverse effect level.  UF = uncertainty factor.  UFA = extrapolation from animal to human (interspecies).  UFH = potential variation in sensitivity among members of the human population (intraspecies).  FQPA SF = FQPA Safety Factor.  PAD = population adjusted dose (a = acute, c = chronic).  RfD = reference dose.  MOE = margin of exposure.  LOC = level of concern.  N/A = not applicable.3.0	Dietary Exposure/Risk Characterization  TC \l1 "3.0	Dietary Exposure/Risk Characterization

Acute and chronic dietary risk assessments were conducted for acetamiprid using the Dietary Exposure Evaluation Model (DEEM-FCID(, Version 2.03) which uses food consumption data from the USDA’s Continuing Surveys of Food Intakes by Individuals (CSFII, 1994-1996 and 1998).  The acute and chronic dietary analyses are considered partially refined by the inclusion of percent crop treated values and processing data.  The full dietary analysis for the subject petition can be found in the HED memorandum:  Acetamiprid.  Revised Acute and Chronic Dietary Exposure Assessments to Support Section 3 Registration of Uses on Clover, Small Vine Climbing Fruits, except Kiwifruit, Subgroup 13-07F, Greenhouse Grown Tomatoes and Tea.  D372890, 1/14/10, D. McNeilly.

The current acute and chronic dietary exposure assessments include existing uses and the tolerances proposed by the Interregional Research Project Number 4 (IR-4) for new uses of acetamiprid on clover grown for seed, small vine climbing fruits, except kiwifruit, subgroup 13-07F (amending established grape uses), greenhouse-grown tomatoes, and tea.

the DEEM™ Version 7.87 default processing factors were used.  Those default factors were used for all processed commodities in the chronic assessment except for grape juice, and raisins (dried prunes and tomato paste have separate tolerances).  Finally, tolerance level residues were also used for livestock commodities.

Usage Data

In order to refine the dietary exposure estimates for acetamiprid, HED requested a Screening Level Usage Analysis (SLUA), which was conducted by the Biological and Economic Analysis Division (BEAD), 6/11/09.  The SLUA includes estimates of maximum %CT for the acute assessment and average %CT for determining chronic exposure (Table 3.0).  Commodities with the most significant acetamiprid usage in terms of maximum %CT include pears (60%), apples (30%), celery (45%), and lettuce (20%).  Commodities with the most significant usage in terms of lbs ai applied include apples (10,000), cotton (20,000), and pears (5,000).

Table 3.0.   Percent Crop Treated Data Used in DEEM

Commodity	Avg	Max

Apples	20	30

Broccoli	5	15

Cabbage	5	10

Cauliflower	10	15

Celery	25	45

Cotton	5	5

Grapefruit	2.5	51

Lemons	5	100

Lettuce	10	20

Oranges	2.5	5

Peaches	1	2.5

Pears	35	60

Peppers	2.5	5

Potatoes	2.5	2.5

Pumpkins	1	2.5

Spinach	5	15

Squash	2.5	2.5

1  -  The residue distribution file for oranges which used 5% CT was also used for grapefruit.  This was higher than the 2.5% CT for grapefruit estimated by BEAD and is more conservative.

For the acute analysis, %CT was incorporated into RDFs.  For the chronic analysis, average %CT was included for the commodities listed in the table above.

3.1	Exposure and Risk Characterization

The dietary analyses reflect all currently registered and proposed acetamiprid uses and indicate that both the acute and chronic dietary exposure do not present a risk concern for HED for the general U.S. population or any of population subgroup (Table 3.1).

HED incorporated EDWCs directly into the DEEM™ FCID model for “water, direct, all sources” and “water, indirect, all sources.”  For the acute assessment, an EDWC of 20.1 ppb was entered into the model, and for the chronic assessment, the value of 4.9 ppb was used.

Acute Dietary (Food and Drinking Water) Exposure Results and Characterization

The probabilistic acute dietary exposure assessment included anticipated residues from field residue trials, processing factors, maximum %CT estimates (for existing uses only) generated by the Biological and Economic Analysis Division (BEAD), and the modeled peak concentration of acetamiprid residues in surface water sources of drinking water.  100 %CT was assumed for grapes, tomatoes, and crops where % crop treated information was not available.  Although the acute assessment has been refined, the resulting exposure estimates are still considered conservative since field trial data were the basis for the anticipated residues, and because a lower tier drinking water model (FIRST) was used to estimate residues in drinking water.

Acute dietary exposure estimates at the 99.9th percentile are below HED’s level of concern for the general US population and all other population subgroups.  For the US population, the estimated exposure of 0.024 mg/kg/day corresponds to 24% aPAD; for children 1-2 years old, the estimated exposure of 0.043 mg/kg/day corresponds to an acute dietary risk of 43% aPAD.

Chronic Dietary (Food and Drinking Water) Exposure Results and Characterization

For the chronic analysis, tolerance-level residues were assumed for all food commodities with existing and proposed acetamiprid tolerances.  Percent crop treated was used for many commodities as detailed in Table 3.0.  The chronic analysis also included the modeled surface water annual average residue in drinking water.  Even though %CT information was used in the chronic analysis, the exposure and risk estimates are still conservative since tolerance level residues were used, because 100 %CT was assumed for crops where % crop treated information was not available, and because a lower tier drinking water model (FIRST) was used.

Chronic dietary exposure to acetamiprid, including existing and proposed uses, is below HED’s level of concern for the U.S. population and all other population subgroups.  For the general U.S. population, and estimated exposure of 0.0028 mg/kg/day corresponds to 4% of the chronic population adjusted dose (cPAD); children 1-2 years old were the highest exposed population subgroup, with an estimate of 0.010 mg/kg/day, or 15 % cPAD.  Risks for all population subgroups are less than 100 % cPAD, and are not of concern.

Table 3.1.  Summary of Dietary (Food + Water) Exposure and Risk for Acetamiprid

Population Subgroup	Acute Dietary

(99.9th Percentile)	Chronic Dietary

	Dietary Exposure (mg/kg/day)	% aPAD	Dietary Exposure (mg/kg/day)	% cPAD

General U.S. Population	0.023768	24	0.002835	4.0

All Infants (< 1 year old)	0.031227	31	0.005206	7.3

Children 1-2 years old	0.042928	43	0.010358	15

Children 3-5 years old	0.034282	34	0.007296	10

Children 6-12 years old	0.024123	24	0.004055	5.7

Youth 13-19 years old	0.017682	18	0.002170	3.1

Adults 20-49 years old	0.015543	16	0.002031	2.9

Adults 50+ years old	0.013291	13	0.002130	3.0

Females 13-49 years old	0.013133	13	0.002057	2.9

3.2	Cancer Dietary Risk

HED has classified acetamiprid as “not likely to be carcinogenic to humans.”  Based upon this classification, HED has determined there is no cancer risk associated with the existing and proposed uses.

4.0	Residential (Non-Occupational) Exposure/Risk Characterization  TC \l1 "4.0	Residential (Non-Occupational) Exposure/Risk Characterization

The registrant has not proposed new or revised residential uses.  Therefore, new residential handler and postapplication exposure assessments were not conducted.   Acetamiprid is registered for controlling a wide variety of indoor and outdoor insect pests in residential settings.  The MOEs for residents applying bait and gel products were 1500-3500 (D303171, T. Moriarty, 10/25/07).  In a more recent assessment of exposures to residential handlers from products used on indoor and outdoor residential settings, the risks were found to be not of concern for all scenarios identified (D353040, Z. Figueroa, 12/1/08).  An analysis of the postapplication risks to adults and children from contacting treated areas has also been performed recently (D353012, C. Swartz, 12/12/08).  In the tables below, only the risk to children are shown since as noted in the 12/12/08 memo they are the worse case versus those for adults.

Table 4a.  Acetamiprid: Short- and Intermediate-Term Postapplication Exposures and Risks to Toddlers Following

                                                          Turf Treatments in Residential Settings.1

Exposure Scenario	Application Rate

(lb AI/acre)	Exposure  (mg/kg/day)	MOE 2

Short-term	Interm. term	Short-term	Interm. term

Residential turf  (dermal) 	0.187	0.0072	0.0036	1,400	2,800

Hand to mouth (oral)

0.0028	0.0013	3,600	7,600

Object to mouth (oral)

0.00069	NA	14,500	NA

Incidental soil ingestion (oral)

0.0000093	NA	1,100,000	NA

Total exposure  (dermal & oral)	N/A	0.0107	0.0049	900	2,000

1.  From C. Swartz, D353012, 12/12/08.

2.  Short- & intermediate-term dermal or oral NOAEL (10 mg/kg/day)/exposure (mg/kg/day).

TABLE 4b:  Acetamiprid: Short-term Postapplication Exposure and Risk to Toddlers Following Indoor Crack

                                                                           and Crevice Treatments 1

Exposure Scenario	Descriptor	Exposure (mg/kg/day)	MOE 2

Dermal exposure	Carpet and hard surfaces	0.0195	510

Incidental oral exposure

0.0065	1500

Total dermal & oral exposures

0.026	380

1. From C. Swartz, D353012, 12/12/08.

2.  Short- & intermediate-term dermal or oral NOAEL (10 mg/kg/day)/exposure (mg/kg/day).

Aggregate exposures of acetamiprid include the short- and intermediate-term postapplication exposures following turf treatment and the short-term postapplication exposure following indoor crack and crevice treatment.

4.1	Residential Handler Exposure TC \l2 "4.1	Residential Handler Exposure

The MOEs for residents applying bait and gel products were 1500-3500 (D303171, T. Moriarty, 10/25/07).  In a recent assessment of exposures to residential handlers from products used on indoor and outdoor residential settings, the risks are not of concern for all applicable scenarios identified (D353040, Z. Figueroa, 12/1/08).

4.2.	Residential Postapplication Exposure TC \l2 "4.2.	Residential Postapplication Exposure

An evaluation of postapplication exposure resulting from the proposed use and label change was completed (D353040, Z. Figueroa, 12/1/08 and D366701, S. Oonnithan, 10/9/09); risks were not of concern for any of the scenarios identified and assessed.  Detailed discussions of the assumptions and methods used for assessing residential exposure from the proposed use are provided in the 12/1/08 memorandum.

The postapplication scenarios assessed for toddlers’ exposure following perimeter treatment include:

Dermal exposure from treated lawns due to high contact lawn activities;

Hand-to-mouth transfer of pesticide residues on lawns;

Object-to-mouth transfer of pesticide residues on lawns; and

Incidental ingestion of soil from pesticide-treated residential areas.

Risks for these scenarios are provided in Table 4.2a.

Table 4.2a. Short- and Intermediate-Term Dermal & Indirect Ingestion - Toddler Residential Risk Estimates for Postapplication Exposure on Turf

Exposure Scenario	Route of Exposure	Application Rate

(lb ai/acre)	Dermal Transfer Coefficient (µg/cm2)	Absorbed Dose (mg/kg/day)	MOE

Residential Turf 	Dermal	0.187	5,200

(Short-term)	0.0072

(Short-term)	1,400

	2,600

(Intermediate-term)	0.0036

(Intermediate-term)	2,800

Hand to Mouth	Oral

NA	0.0028

(Short-term)	3,600

0.0013

(Intermediate-term)	7,600

Object to Mouth 	Oral

NA	0.00069	14,500

Incidental Soil Ingestion	Oral

NA	0.0000093	1,100,000

Combined Exposure1	N/A	N/A	N/A	0.01071

(Short-term)	9001

0.00491

(Intermediate-term)	2,0001

1- Combined exposure is the sum of dermal and oral exposures.

Table 4.2b summarizes the postapplication exposure and risk for toddlers resulting from contact with carpet and hard surfaces following crack and crevice application of F4688 50 WP Insecticide/Termiticide on indoor surfaces.  The bolded values represent the exposure to be aggregated with exposure from food and drinking water.

TABLE 4.2b:  Postapplication Exposure and Risk Following Indoor Crack/Crevice Treatment.

Scenario	Descriptor	Daily Dose

(mg/kg/day)	MOE

Dermal Exposure	Carpet and

Hard Surfaces	0.0195	510

Incidental Oral Exposure	Carpet and Hard Surfaces	0.0065	1500

Combined Dermal Incidental Oral Exposure	Carpet and Hard Surfaces	0.0260 380

5.0	Aggregate Risk Assessments and Risk Characterization  TC \l1 "5.0 Aggregate Risk Assessments and Risk Characterization

Consistent with FQPA, HED considers aggregate risk to a pesticide from the three major routes (dermal, oral, and inhalation) when potential residential exposures exist.  In its acetamiprid aggregate assessment, HED combined dietary (food + water) and non-dietary (residential) exposure sources to obtain an estimated aggregate exposure.  When aggregating exposures and risks from various sources, HED considers both the route and duration of exposure.  Based upon the residential use pattern of acetamiprid products, HED has determined that acute, short-term, intermediate-term and chronic aggregate risk assessments are appropriate.

5.1	Acute Term Aggregate Risk TC \l2 "5.1	Acute Term Aggregate Risk

The acute aggregate risk is equal to the acute dietary exposure via food and drinking water, and therefore is identical to the exposure and risk characterization found in Section 3.1.  The acute aggregate risks for acetamiprid are less than 100% of the aPAD for all population subgroups and, therefore, do not pose a risk concern for HED.

5.2	Short- and Intermediate-Term Aggregate Risk TC \l2 "5.2	Short- and Intermediate-Term Aggregate Risk

Short-term aggregate risk is based on the chronic (average) dietary exposure (food + water) combined with short-term residential exposure.  Intermediate-term aggregate risk is based on the chronic (average) dietary exposure combined with intermediate-term residential exposure.

Short- and intermediate-term aggregate risks for residential handlers were assessed previously by T. Moriarty (see Table 15, D303171, 10/25/07).  The aggregate MOEs for two adult populations (20-49 years; 50+ years) were 900 to 930.  Since the dietary exposure estimates are now more refined due to the greater use of percent crop treated, these aggregate risks would be even lower and are not of concern.

For short-term and intermediate-term aggregate risks, the combined chronic dietary (food + water) exposure is combined with short- and intermediate-term residential postapplication exposures for toddlers.  The combined food, water and residential exposures are then compared to the dose for risk assessment to determine the resulting margin of exposure (MOE).  HED has updated the dietary component (food and water) in this assessment.  In the case of acetamiprid, all short- and intermediate-term risk assessments are based on the effects observed in the DNT study, and therefore exposures from dermal and oral routes have been combined.  See Table 5.2 for a summary of short- and intermediate-term aggregate risks for toddlers.

TABLE 5.2:  Acetamiprid Short- and Intermediate-Term Aggregate Exposure

                                                     and Risk for Toddlers.

Scenario	Combined Dermal/Oral Exposure

(mg/kg/day)1	Chronic Food Exposure Food

(mg/kg/day)2	Aggregate Exposure

(mg/kg/day)3	MOE4

Indoor Exposure Crack and Crevice Treatment

(short-term)	0.0260	0.010358	0.0364	270

Turf Exposure

(short-term)	0.0107	0.010358	0.0211	470

Turf Exposure (intermediate-term)	0.0049	0.010358	0.0153	650

Combined dermal and oral exposures were taken from D366701, S. Oonnithan, 10/9/09.

Chronic food exposure does not change with each scenario; see Table 5.2.2.

Aggregate exposure = Combined dermal/oral exposure + chronic food exposure.

MOE = NOAEL/Aggregate Exposure = 10 (mg/kg/day)/aggregate exposure (mg/kg/day).

Short- and intermediate-term aggregate risks (MOEs) are not of concern.   HED notes that the lowest aggregate MOE of 270 is based on the indoor use.  The MOEs calculated for exposure from turf are higher, but are considered to be more conservative, because the intended use pattern does not include broadcast treatment of lawns, but has been assessed as such in order to be protective.  Adult aggregate risks due to postapplication exposure have not been assessed since the toddler risks are the worst case.

5.3	Chronic-Term Aggregate Risk TC \l2 "5.3	Chronic-Term Aggregate Risk

The dietary exposure pathway (food and drinking water) is the only source of chronic exposure to acetamiprid (i.e., 180 consecutive days or more).  Therefore, the chronic aggregate exposure and risk estimates are equivalent to the chronic dietary exposure and risk estimates discussed in Section 3.1 above.  The chronic aggregate risks for acetamiprid are less than 100% of the cPAD for all population subgroups and, do not pose a risk concern for HED.

6.0	Data Needs and Label Recommendations  TC \l1 "6.0	Data Needs and Label Recommendations

The data needs and labels recommendations remain unchanged since the Dec 1, 2009 memorandum (D369474, D. McNeilly).

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3372890, 01/14/10, D. McNeilly.

Acetamiprid: Human Health Risk Assessment for Proposed Food Uses on Clover Grown for Seed, Small Vine Climbing Fruits, except Kiwifruit, Subgroup 13-07F, Greenhouse Grown Tomatoes and Tea.  . D369474, 12/01/09, D. McNeilly.

ഃЍ഍ഃЍ഍捁瑥浡灩楲। ††††††††偄丠⹯ ›㜳㘲㘲഍倍条–䅐䕇ᐠᔱ漠–啎偍䝁卅ᐠ㐱ക഍ 捁瑥浡灩楲।楄瑥牡⁹硅潰畳敲䄠獳獥浳湥ॴ偄丠⹯› 〳㜹〴倍⁃潃敤›㤰〹〵उ慐敧› 漠–啎偍䝁卅尠牡扡捩尠䕍䝒䙅剏䅍⁔ㄔᔴ഍഍ ഍഍倍条–䅐䕇ᐠᔵ漠–啎偍䝁ES  14

Acetamiprid	Dietary Exposure Assessment	DP No.: 309740

 of   NUMPAGES \* arabic \* MERGEFORMAT  14

Page   PAGE  14  of   NUMPAGES  14


[Federal Register: March 19, 2009 (Volume 74, Number 52)]
[Notices]
[Page 11803-11804]
[DOCID:fr19mr09-127]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59575; File No. SR-NYSEALTR-2009-24]

Self-Regulatory Organizations; NYSE Alternext U.S. LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Amending
Certificate of Formation, Amended and Restated Operating Agreement,
Rules, and Company Guide To Change the Name of the Exchange to NYSE
Amex LLC

 March 13, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on March 3, 2009, NYSE Alternext U.S. LLC (``NYSEALTR'' 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 NYSEALTR. The Exchange
has designated this proposal as one concerned solely with the
administration of the Exchange pursuant to Section 19(b)(3)(A)(iii) of
the Act \3\ and Rule 19b-4(f)(3) thereunder,\4\ 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 persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(3).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its Certificate of Formation,
Amended and Restated Operating Agreement, Rules, and Company Guide to
change the name of the Exchange to NYSE Amex LLC.
    The text of the proposed rule change is available at NYSE
Alternext, the Commission's Public Reference Room, and http://
www.nyse.com.

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

    In its filing with the Commission, NYSEALTR 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. NYSEALTR has prepared summaries, set forth in Sections
A, B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    The purpose of this proposed rule change is to change the name of
the Exchange to ``NYSE Amex LLC.'' At the time of the acquisition of
the American Stock Exchange LLC (``Amex'') by NYSE Euronext on October
1, 2008, the name of the Exchange, as the successor entity to Amex, was
initially established as ``NYSE Alternext U.S. LLC.'' After further
analysis following the acquisition, the Exchange has determined that
for branding purposes it would be desirable to retain some reference to
the historic Amex exchange in the name of the Exchange.
    Specifically, the Certificate of Formation of the Exchange shall be
amended to remove all references to ``NYSE Alternext U.S. LLC'' and
replace them with ``NYSE Amex LLC.'' The Amended and Restated Operating
Agreement of NYSE Alternext U.S. LLC shall again be amended and
restated to become the Amended and Restated Operating Agreement of NYSE
Amex LLC, with the word ``Company'' to be redefined to represent ``NYSE
Amex LLC'' and ARTICLE I, Section 1.01 to be revised to state the name
of the limited liability company as ``NYSE Amex LLC.'' In the
Exchange's Rules and its Company Guide, all references to ``Alternext''
or ``Alternext US'' will be replaced with the word ``Amex.'' None of
the foregoing changes are substantive. Two minor non-substantive
corrections to the lettering format in one rule will also be made.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
Section 6(b) \5\ of the Securities Exchange Act of 1934 (the ``Act''),
in general, and furthers the objectives of Section 6(b)(5) \6\ in
particular in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in facilitating transactions in securities, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system and, in general, to protect investors and the
public interest. More specifically, changing the name of the Exchange
to include a reference to the historic Amex exchange may help eliminate
potential confusion among investors and assist in clarifying for them
the role of the Exchange in the marketplace and the types of companies
whose securities are listed here.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition 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 proposed rule change is concerned solely with
the administration of the Exchange, it has become effective pursuant to
Section 19(b)(3)(A) of the Act \7\ and subparagraph (f)(3) of Rule 19b-
4 thereunder.\8\ 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.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(3).
---------------------------------------------------------------------------

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-NYSEALTR-2009-24 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-NYSEALTR-2009-24. 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 Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of NYSEALTR. 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-NYSEALTR-2009-24 and should
be submitted on or before April 9, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-5979 Filed 3-18-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 75, Number 219 (Monday, November 15, 2010)]
[Notices]
[Pages 69662-69664]
[FR Doc No: 2010-28665]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9225-9; Docket ID No. EPA-HQ-ORD-2010-0927]

Workshop: Cumulative Mixtures Risk of Six Selected Phthalates in
Support of Summary Information on the Integrated Risk Information
System (IRIS)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Peer Consultation Workshop on the Cumulative Mixtures
Risk of Six Selected Phthalates; Request for Public Comments.

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

SUMMARY: EPA is announcing that ICF International, an EPA contractor
for external scientific peer consultation, will convene a panel of
independent experts and conduct an external peer consultation workshop
to: (1) Review the recommendations for evaluation of the cumulative
mixtures risk of phthalates as set forth in the National Academies of
Science (NAS) report ``Phthalates and Cumulative Risk Assessment: The
Tasks Ahead'' (2008); and (2) propose additional methods and

approaches, not already captured in the 2008 NAS report, that may
facilitate the assessment of risk(s) associated with exposure to
cumulative mixtures of the six selected phthalates.
    ICF International invites all interested public parties to register
to attend this workshop as observers. Space is limited, and
reservations will be accepted on a first-come, first-served basis. In
addition, ICF International invites the public to give brief oral
comments at the conclusion of each workshop day. Furthermore, there is
an opportunity to provide written comments regarding the subject matter
under discussion; for more information please see below. In
conceptualizing and preparing a draft of the ``Toxicological Review of
the Cumulative Mixtures Risk of Six Selected Phthalates,'' EPA will
consider ICF's report of the comments and recommendations from
individuals participating in the external peer consultation workshop
and any written public comments that EPA receives in accordance with
this notice.

DATES: The peer consultation workshop on the Cumulative Mixtures Risk
of Six Selected Phthalates will be held on December 8 and 9, 2010,
beginning at 8 a.m. and ending at 5 p.m. Eastern Standard Time. Please
note that a public comment period begins November 15, 2010 and ends
January 4, 2011. Technical comments should be in writing and must be
received by the EPA by January 4, 2011.

ADDRESSES: The peer consultation workshop on the Cumulative Mixtures
Risk of Six Selected Phthalates will be held at the Double Tree Crystal
City, located at 300 Army Navy Drive in Arlington, VA. To attend the
workshop, register no later than December 3, 2010, preferably via the
workshop Web site page at http://epa.phthalatesworkshop.icfi.com.
Alternatively, you may register by calling ICF International at 1-703-
934-3173, sending a facsimile to 1-703-934-3470, or sending an e-mail
to Ms. Ami Parekh Gordon at<EMAIL_ADDRESS>    Additional Information: EPA welcomes public attendance at the
``Peer Consultation Workshop on Cumulative Mixtures Risk of Six
Selected Phthalates'' and will make every effort to accommodate persons
with disabilities. For information on access or services for
individuals with disabilities, or if you have any other questions
related to this workshop please contact Ms. Ami Parekh Gordon of ICF
International at<EMAIL_ADDRESS>or by phone at 1-703-934-3173.

SUPPLEMENTARY INFORMATION:

I. Information About IRIS

    EPA's IRIS is a human health assessment program that evaluates
quantitative and qualitative risk information on effects that may
result from exposure to chemical substances found in the environment.
Through the IRIS Program, EPA provides the highest quality science-
based human health assessments to support the Agency's regulatory
activities. The IRIS database contains information for more than 550
chemical substances that can be used to support the first two steps
(hazard identification and dose-response evaluation) of the risk
assessment process. When supported by available data, IRIS provides
oral reference doses (RfDs) and inhalation reference concentrations
(RfCs) for chronic noncancer health effects and cancer assessments.
Combined with specific exposure information, government and private
entities use IRIS to help characterize public health risks of chemical
substances in a site-specific situation and thereby support risk
management decisions designed to protect public health.
    The IRIS cumulative assessment will address the specific
recommendations presented in the NAS report on cumulative risk for
phthalates and expand the discussion to other approaches that may also
be applicable. The 2008 NAS report recommended that:
    [cir] EPA group chemicals that cause common adverse outcomes and
not focus exclusively on structural similarity or on similar mechanisms
of action, and
    [cir] Phthalates and other agents that cause androgen insufficiency
or block androgen-receptor signaling, and are thus capable of inducing
effects that characterize components of the phthalate syndrome, should
be considered in a cumulative risk assessment.
    In response to NAS recommendations, EPA is conducting research to:
(1) Determine whether prenatal exposures to phthalates are associated
with adverse effects in male and female offspring; (2) determine how
phthalates interact in mixtures with other phthalates, toxic
substances, and pesticides to induce adverse effects, in particular
disruption of reproductive development in males and females; and (3)
determine approaches to integrate new data on multiple phthalates into
a cumulative mixtures assessment.

II. How To Submit Comments to the Docket at http://www.regulations.gov

    Submit your comments, identified by Docket ID No. EPA-HQ-ORD-2010-
0927, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Facsimile:<PHONE_NUMBER>.
     Mail: Office of Environmental Information (OEI) Docket
(Mail Code: 2822T), U.S. Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460. The telephone number is
202-566-1752. If you provide comments by mail, please submit one
unbound original with pages numbered consecutively, and three copies of
the comments. For attachments, provide an index, number pages
consecutively with the comments, and submit an unbound original and
three copies.
     Hand Delivery: The OEI Docket is located in the EPA
Headquarters Docket Center, EPA West Building, Room 3334, 1301
Constitution Ave., NW., Washington, DC. The EPA Docket Center 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>. Deliveries are only accepted during the
docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information. If you provide comments by
hand delivery, please submit one unbound original with pages numbered
consecutively, and three copies of the comments. For attachments,
provide an index, number pages consecutively with the comments, and
submit an unbound original and three copies.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-ORD-
2010-0927. Please ensure that your comments are submitted within the
specified comment period. Comments received after the closing date will
be marked ``late,'' and may only be considered if time permits. It is
EPA's policy to include all comments it receives in the public docket
without change and to make the comments available online at http://www.regulations.gov, including any personal information provided,
unless comments include 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 http://www.regulations.gov or e-mail. The
http://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 comments. If you send e-mail comments
directly to EPA without going through http://www.regulations.gov, your
e-mail address will be automatically captured and included as part of
the comments that are placed in the public docket and made available on
the Internet. If you submit electronic comments, EPA recommends that
you include your name and other contact information in the body of your
comments and with any disk or CD-ROM you submit. If EPA cannot read
your comments due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comments.
Electronic files should avoid the use of special characters and 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 http://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
at http://www.regulations.gov or in hard copy at the OEI Docket in the
EPA Headquarters Docket Center.

    Dated: November 8, 2010.
Darrell A. Winner,
Acting Director, National Center for Environmental Assessment.
[FR Doc. 2010-28665 Filed 11-12-10; 8:45 am]
BILLING CODE 6560-50-P


Readopt with amendment Env-A 2800, eff. 10-1-10 (doc. #9793), to read as follows:
                        CHAPTER Env-A 2800  SAND AND GRAVEL SOURCES; NON-METALLIC MINERAL PROCESSING PLANTS; CEMENT AND CONCRETE SOURCES

		Statutory Authority:  RSA 125-C:4, I

PART Env-A 2801  PURPOSE AND APPLICABILITY

	Env-A 2801.01  Purpose.  The purpose of this chapter is to establish:

	(a)	Standards for particulate matter emissions and visible emissions for sand and gravel sources, non-metallic mineral processing plants, and cement and concrete sources;

	(b)	Fugitive dust requirements for sand and gravel sources, non-metallic mineral processing plants, and cement and concrete sources; and

	(c)	Permit-by-notification requirements for non-metallic mineral processing plants.

	Env-A 2801.02  Applicability.  This chapter shall apply to any:

	(a)	Sand and gravel source;

	(b)	Non-metallic mineral processing plant; and

	(c)	Cement, ready mix concrete, or cement block source.

PART Env-A 2802  DEFINITIONS

	Env-A 2802.01  "Affected equipment" means each crusher, grinding mill, screening operation, bucket elevator, belt conveyor, bagging operation, storage bin, and enclosed truck or railcar loading station at an affected facility, as well as each crusher and grinding mill at hot mix asphalt facilities that reduce the size of nonmetallic minerals embedded in recycled asphalt pavement.

	Env-A 2802.02  "Affected facility" means a non-metallic mineral processing plant other than the following:

	(a)	A facility located in an underground mine;

	(b)	A wet material processing operation;

	(c)	A fixed non-metallic mineral processing plant with a capacity of 25 tons per hour or less;

	(d)	A portable non-metallic mineral processing plant with a capacity of 150 tons per hour or less; and

	(e)	A common clay plant or pumice plant with a capacity of 10 tons per hour or less.

	Env-A 2802.03  "Electronic means" as applied to the submittal of documents, including but not limited to reports and notifications, to the department means sending the document(s) by fax, as an email or an attachment to an email, or through an electronic reporting system designed and intended to be used for submitting documents electronically to the department.

	Env-A 2802.0304  "Non-metallic mineral processing plant" means any combination of equipment used to grind or crush any non-metallic mineral, such as stone, sand, gravel, clay, rock salt, vermiculite.  The term includes all equipment used in conjunction with the grinding or crushing equipment to dry, mix, convey, size, or blend the processed material.

	Env-A 2802.0405  "Sand and gravel source" means any source at which drying, mixing, conveying, sizing, or blending of rock, sand, or gravel products is conducted, and includes all equipment and auxiliaries used to dry, mix, convey, size, or blend such materials.  The term does not include any equipment or activities related to grinding or crushing.

	Env-A 2802.06  "Submit in writing" as applied to the submittal of documents, including but not limited to reports and notifications, to the department means submit the required information in writing using electronic means, U.S. Postal Service mail, or private delivery service.

	Env-A 2802.0507  "Successful compliance test" means a completed test that is performed for the purpose of demonstrating compliance and that does demonstrate that the source is in compliance with the requirement(s) for which the test is conducted.

PART Env-A 2803  REQUIREMENTS FOR NON-METALLIC MINERAL PROCESSING PLANTS

	Env-A 2803.01  Visible Emission and Particulate Matter Standards for Non-Metallic Mineral Processing Plants.

	(a)	A non-metallic mineral processing plant that is an affected facility shall comply with the visible emission and particulate matter standards specified in 40 CFR 60, subpart OOO, regardless of when construction, modification, or reconstruction of the plant commenced, provided, however, that the differentiation in subpart OOO between affected facilities that commenced construction, modification, or reconstruction prior to April 22, 2008 and those that commenced construction, modification, or reconstruction on or after April 22, 2008 shall still apply.

	(b)	The owner or operator of a non-metallic mineral processing plant that is not an affected facility shall not cause or allow visible fugitive emissions or visible stack emissions from the source to exceed an average of 20 percent opacity, determined in accordance with Env-A 807, for any continuous 6-minute period at crushers, transfer points, or screens.

	Env-A 2803.02  Compliance Testing Requirements for Non-Metallic Mineral Processing Plants.

	(a)	The owner or operator of an affected facility shall conduct a successful compliance test on the affected equipment in accordance with 40 CFR 60.675 within one year after the 2010 effective date of this chapter if the affected facility:

        (1)	Is in existence on the 2010 effective date of this chapter; and

        (2)	Has never had a successful compliance test prior to that date.

	(b)	If an affected facility does not operate during the year following the 2010 effective date of this chapter or if specific affected equipment is not used during the year following the 2010 effective date of this chapter, the owner or operator shall conduct a successful compliance test on the affected facility or specific affected equipment, as applicable, in accordance with 40 CFR 60.675 within 60 days of achieving the maximum production rate at which the affected facility or affected equipment will be operated or 180 days after startup, whichever is sooner.

	(c)	In addition to the compliance test required by (a) or (b), above, the owner or operator of an affected facility shall conduct a successful compliance test:

        (1)	Within 60 days after changing the method of dust suppression used at the affected facility;

        (2)	Within 60 days after achieving the maximum production rate at which the affected equipment will be operated or 180 days after initial startup, whichever is sooner, if the owner or operator replaces a piece of affected equipment; or

        (3)	If the test is otherwise required by 40 CFR 60 subpart OOO.

	(d)	The owner or operator of an affected facility shall not be required to conduct a compliance test solely because the location of the affected facility has changed.

	Env-A 2803.03  Fugitive Emission Control Systems for Non-Metallic Mineral Processing Plants.  The owner or operator of a non-metallic mineral processing plant shall not operate the plant unless it is equipped with a fugitive emission control system that is operated and maintained to control the emission of particulate matter.

                        PART Env-A 2804  VISIBLE EMISSION STANDARD FOR CEMENT, READY MIX CONCRETE, AND CEMENT BLOCK SOURCES

	Env-A 2804.01  Visible Emission Standard for Cement, Ready Mix Concrete, and Cement Block Sources.

	(a)	Neither vVisible fugitive emissions nor visible stack emissions from a cement, ready mix concrete, or cement block source shall not exceed an average of 20 percent opacity for any continuous 6-minute period.

	(b)	Opacity shall be determined in accordance with Env-A 807.

PART Env-A 2805  FUGITIVE DUST CONTROL FOR ALL SOURCES

	Env-A 2805.01  Fugitive Dust Control for All Sources.

	(a)	For any source or plant subject to this chapter, the owner or operator shall control emissions of dust from vehicular movement within the plant property boundaries by using fugitive dust control methods such as paving or wetting the roadways.

	(b)	For any source or plant subject to this chapter, the owner or operator shall control emissions of dust from stockpiling by using fugitive dust control methods such as wet suppression, windbreaks, enclosures, or soil stabilization.

                        PART Env-A 2806  PERMIT-BY-NOTIFICATION FOR NON-METALLIC MINERAL PROCESSING PLANTS

	Env-A 2806.01  Permit-By-Notification Required.  Prior to operating any non-metallic mineral processing plant, the owner or operator shall obtain:

	(a)	A standard permit, as specified in Env-A 600; or

	(b)	A permit-by-notification, as specified in this part.

	Env-A 2806.02  Permit-By-Notification Procedures.

	(a)	To obtain a permit-by-notification, the owner or operator of a non-metallic mineral processing plant shall file submit the information required by Env-A 2806.04 in writing to the department, together with the signature and certification specified in Env-A 2806.05 and the fee specified in Env-A 2806.06.  The filing shall constitute a permit application for the plant.

	(b)	The department shall issue a permit-by-notification for a non-metallic mineral processing plant if:

        (1)	The applicant has filed submitted all required information and the required fee; and

        (2)	The filing demonstrates that the plant will meet the applicable requirements of Env-A 2803, Env-A 2805, and Env-A 2806.

	(c)	Within 10 days after initial startup of an affected facility, the owner or operator shall notify the department in writing by fax, email, electronic means, or U.S. Ppostal Service (USPS) mail, or private delivery service of the actual date of startup.

	Env-A 2806.03  Notification of Changes Required.

	(a)	Within 10 days after a permit-by-notification facility has commenced operation in a different location other than that identified in the information submitted pursuant to Env-A 2806.02, the owner or operator shall file submit  in writing to the department a location change notice that contains the information listed in (c), below. to the department and

	(b)	At the same time the information is submitted to the department, the owner or operator shall send a copy of the written information to the towns where the facility was last previously located and to the town in which the facility is now located, if different. via fax, email, or postal mail, containing the following information:

	(c)	The information required by (a), above, shall be as follows:

        (1)	The unique facility identification assigned by the department in the initial permit-by-notification;

        (2)	The physical location from which the facility was moved; and

        (3)	The physical location to which the facility was moved.

	(bd)  Within 10 days after the replacement of any affected equipment, the owner or operator shall file submit in writing to the department a notification with the department that contains:

        (1)	The information specified in 40 CFR 60.676(a)(1), (2), (3), and (4), as applicable; and

        (2)	The date on which testing of the new equipment will be conducted.

	(ce)  Any notice filed pursuant to (a) or (bd), above, shall be signed as specified in Env-A 2806.05.

	Env-A 2806.04  Application Content.  The applicant for a permit-by-notification for nonmetallic mineral processing plants shall file submit in writing to the department the following information with the department:

	(a)	The name, mailing address, and daytime telephone number including area code, and email address of the owner or operator, and, if and email address is not available, an e-mail address and a fax number for the person;

	(b)	The name or identification number, or both, the owner or operator uses to identify the plant;

	(c)	The physical location of the plant, including street address and municipality;

	(d)	Any previous permit number;

	(e)	The raw material throughput operating at maximum capacity, in pounds per hour and tons per year;

	(f)	A list of all affected equipment at the plant, not including any energy-generating devices;

	(g)	For each listed piece of equipment, the following:

        (1)	A description and the name or identification number, or both, the owner or operator uses to identify the equipment;

        (2)	The manufacturer and serial number, if available;

        (3)	The rated capacity of each crusher, grinding mill, bucket elevator, bagging operation, or enclosed truck or railcar loading station in tons per hour;

        (4)	The total surface area of the top screen of each screening operation;

        (5)	The width of each conveyor belt;

        (6)	The rated capacity in tons of each storage bin; and

        (7)	The date of:

            a.  Initial construction or installation in New Hampshire;

            b.  The most recent modification, if applicable any;

            c.  The most recent replacement, if applicable any; and

            d.  The most recent successful compliance test, if applicable any;

	(h)	For a new or modified non-metallic mineral processing plant or for one that has never been tested, the date(s) on which compliance testing will be conducted; and

	(i)	A brief explanation of the methods that will be used to control emissions and fugitive dust.

	Env-A 2806.05  Signature and Certification.

	(a)	The owner or operator of the non-metallic mineral processing plant shall sign each application filed pursuant to Env-A 2806.02 and each notification filed pursuant to Env-A 2806.03.

	(b)	The signature of the owner or operator shall constitute certification that:

        (1)	The owner or operator has read Env-A 2803, Env-A 2805, Env-A 2806, and 40 CFR 60, subpart OOO;

        (2)	The owner or operator understands and will comply with the requirements;

        (3)	The owner or operator has notified the clerk of the town or city in which the facility is located of its pending operation; and

        (4)	All information filed is true, complete, and not misleading to the knowledge and belief of the signor. signer; and

        (5)	The signer understands that:

            a.  Any permit-by-notification issued based on false, incomplete, or misleading information is subject to revocation; and

            b.  The signer is subject to the penalties for falsification in official matters currently specified in RSA 641.

	Env-A 2806.06  Application Fee.  The applicant shall pay an application fee of $1,000 with the permit-by-notification application.

	Env-A 2806.07  Recordkeeping and Reporting.

	(a)	The owner or operator of a non-metallic mineral processing plant shall retain records for a minimum of 5 years on:

        (1)	The total quantity of all materials processed on an annual basis; and

        (2)	The results of all performance testing conducted to determine compliance with the standards specified in Env-A 2803, including 40 CFR 60, subpart OOO.

	(b)	The owner or operator of a non-metallic mineral processing plant shall file the results of any performance test conducted to determine compliance with the standards set forth in Env-A 2803, including 40 CFR 60, subpart OOO, within 60 days of the test.

        Appendix:  State Statute(s) and Federal Regulations Implemented

Rule Section(s)
State Statute(s) Implemented
Federal Regulations Implemented
Env-A 2801
RSA 125-C:6, II

Env-A 2802
RSA 125-C:6, II

Env-A 2803
RSA 125-C:6, II
40 CFR § 60.675
40 CFR 60 subpart OOO
Env-A 2804
RSA 125-C:6, II

Env-A 2805
RSA 125-C:6, II

Env-A 2806 (also see specific section below)
RSA 125-C:11, III-c
40 CFR 60.676(a)(1), (2), (3), and (4)
40 CFR 60 subpart OOO
Env-A 2806.06
RSA 125-C:12, IV-c


Incorporation by Reference

Docket ID No. EPA-HQ-OAR-2012-0401

May 20, 2013

The contents of the following docket is hereby incorporated by reference
into and is considered to be included in, contained in and have been
placed in Docket EPA-HQ-OAR-2012-0401 (Regulation of Fuels and Fuel
Additives: RFS Pathways II and Technical Amendments to the RFS 2
Standards):

EPA–HQ–OAR–2005–0161: Regulation of Fuels and Fuel Additives:
Renewable Fuel Program

Specifically the following files in Docket EPA–HQ–OAR–2005–0161
are incorporated by reference in the context of the analysis of canola
oil biodiesel lifecycle GHG emissions:

2005 Petroleum Baseline Lifecycle GHG Results

1.) EPA-HQ-OAR-2005-0161-3151 (Memorandum describing spreadsheets that
calculate petroleum baseline lifecycle GHG emissions)

2.) EPA-HQ-OAR-2005-0161-3151.1 (Lifecycle calculations for the gasoline
baseline, diesel baseline, tailpipe values for ethanol and biodiesel,
and land-use change emissions due to oil sands production)

Accessing dockets:

Publicly available docket materials are available either electronically
through   HYPERLINK "http://www.regulation.gov"  www.regulation.gov  or
in hard copy at EPA’s Docket Center, Public Reading Room, EPA West
Building, Room 3334, 1301 Constitution Avenue, NW, Washington, DC 20004.
 This Docket Facility is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays.  The telephone number for the
Public Reading Room is<PHONE_NUMBER>, and the telephone number for the
Air Docket is<PHONE_NUMBER>.


[Federal Register: July 20, 2010 (Volume 75, Number 138)]
[Rules and Regulations]
[Page 41991-41994]
[DOCID:fr20jy10-11]

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

40 CFR Part 63

[EPA-HQ-OAR-2008-0080; FRL-9176-7]
RIN 2060-AQ26

Amendments to National Emission Standards for Hazardous Air
Pollutants: Area Source Standards for Prepared Feeds Manufacturing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is taking direct final action on three amendments to the
regulatory text in the prepared feeds manufacturing area source rule.
First, this action corrects the date for new sources to submit a
Notification of Compliance Status (NOCS) form. Second, this action
corrects information that needs to be included in the Notification of
Compliance Report for those small facilities that are not required to
install cyclones on their pelleting operations. Third, this action adds
language to the regulatory text that was inadvertently left out of the
final rule requiring submittal of the annual compliance certification
report. These corrections and clarifications will not change the
standards established by the rule and not result in the imposition of
any costs beyond those included in the final rule.

DATES: This direct final rule is effective on November 2, 2010, without
further

notice, unless EPA receives adverse comment by September 3, 2010. If we
receive adverse comment, we will publish a timely withdrawal in the
Federal Register informing the public that some or all of the
amendments in this rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2008-0080, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov:
Follow the instructions for submitting comments.
     Agency Web site: http://www.epa.gov/oar/docket.html.
Follow the instructions for submitting comments on the EPA Air and
Radiation Docket Web site.
     E-mail<EMAIL_ADDRESS>Include Docket ID No. EPA-
HQ-OAR-2008-0080 in the subject line of the message.
     Fax: Send comments to<PHONE_NUMBER>, Attention Docket ID
No. EPA-HQ-OAR-2008-0080.
     Mail: Area Source NESHAP for Prepared Feeds Manufacturing
Docket, Environmental Protection Agency, Air and Radiation Docket and
Information Center, Mailcode: 2822T, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460. Please include a total of two copies.
     Hand Delivery: EPA Docket Center, Public Reading Room, EPA
West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC 20460.
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-OAR-
2008-0080. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://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 http://
www.regulations.gov or e-mail. The http://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 e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail 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.
    Docket: EPA has established a docket for this action under Docket
ID No. EPA-HQ-OAR-2008-0080. All documents in the docket are listed in
the Federal Docket Management System index at http://
www.regulations.gov. 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
form. Publicly available docket materials are available either
electronically through http://www.regulations.gov or in hard copy at
the EPA Docket Center, Public Reading Room, 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 (202)
566-1744, and the telephone number for the Air Docket is (202) 566-
1742.

FOR FURTHER INFORMATION CONTACT: Jan King, Regulatory Development and
Policy Analysis Group, Office of Air Quality Planning and Standards
(C404-05), Environmental Protection Agency, Research Triangle Park, NC
27711. Telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-
mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The information presented in this preamble
is organized as follows:

I. Why is EPA using a direct final rule?
II. Does this action apply to me?
III. Where can I get a copy of this document?
IV. What amendments are we making to this rule?
V. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations
    K. Congressional Review Act

I. Why is EPA using a direct final rule?

    We are publishing the rule without a prior proposed rule because we
view this as a non-controversial action and anticipate no adverse
comment. As explained below, this action amends the date for new
sources to submit a Notification of Compliance Status (NOCS) form;
corrects information that needs to be included in the Notification of
Compliance Report for those small facilities that are not required to
install cyclones on their pelleting operations; and adds language to
the regulatory text that was inadvertently left out of the final rule
requiring submittal of the annual compliance certification report.
    Because this is an amendment of regulatory language through
rulemaking, a redline version of the regulatory language has been
created and has been placed in the docket (http://www.regulations.gov,
see Docket No. EPA-HQ-OAR-2008-0080) to aid the public's ability to
comment on the regulatory text.
    If we receive relevant adverse comment on this direct final rule,
we will publish a timely withdrawal in the Federal Register informing
the public that some or all of the amendments in this rule will not
take effect. Any parties interested in commenting must do so at this
time.

II. Does this action apply to me?

    Regulated Entities. The regulated categories and entities
potentially affected by the final rule include:

------------------------------------------------------------------------
                                                  Examples of regulated
            Category             NAICS code \1\          entities
------------------------------------------------------------------------
Other Animal Foods                       311119  Animal feeds, prepared
 Manufacturing.                                   (except dog and cat),
                                                  manufacturing.
------------------------------------------------------------------------
\1\ North American Industry Classification System.

    This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be affected by this
action. To determine whether your facility is regulated by this action,
you should examine the applicability criteria in 40 CFR 63.11619,
subpart DDDDDDD (NESHAP for Area Sources: Prepared Feeds
Manufacturing). If you have any questions regarding the applicability
of this action to a particular entity, consult either the state
delegated authority or the EPA regional representative, as listed in 40
CFR 63.13 of subpart A (General Provisions).

III. Where can I get a copy of this document?

    Electronic Access. In addition to being available in the docket, an
electronic copy of this direct final action will also be available on
the Worldwide Web (WWW) through the Technology Transfer Network (TTN).
Following signature, a copy of this final action will be posted on the
TTN's policy and guidance page for newly proposed or promulgated rules
at the following address: http://www.epa.gov/ttn/oarpg/. The TTN
provides information and technology exchange in various areas of air
pollution control.

IV. What amendments are we making to this rule?

    On January 5, 2010 (75 FR 522), the EPA promulgated the national
emission standards for hazardous air pollutants (NESHAP) for area
source prepared feeds manufacturing facilities as subpart DDDDDDD in 40
CFR part 63. Today's action contains the following corrections and
clarifications:
    1. The date for new sources to submit the Notification of
Compliance Form is corrected from ``within 120 days of startup, or by
May 4, 2012, whichever is later,'' to within 120 days of startup or
October 18, 2010, whichever is later.
    2. Small facilities that are not subject to the requirement to
install and operate a cyclone to control emissions from pelleting
operations must submit documentation of their initial average daily
feed production level in their Notification of Compliance Status
report. The final rule used the incorrect term ``initial daily
pelleting production level.'' This is being corrected to indicate that
documentation of the ``initial average daily feed production level'' be
submitted.
    3. The requirement to submit the annual compliance certification
report is added. This requirement was in the proposed rule but
inadvertently deleted in the final rule.
    The corrections will become effective on November 2, 2010, without
further notice, unless EPA receives adverse comment by September 3,
2010. If EPA receives adverse comment, we will publish a timely
withdrawal in the Federal Register informing the public that some or
all of the amendments in this rule will take affect. Today's action
notifies interested parties of the amendments.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and 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 the Executive Order.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden.
The proposed amendments result in no changes to the information
collection requirements of the existing standards of performance and
will have little or no impact on the information collection estimate of
projected cost and hour burden made and approved by the Office of
Management and Budget (OMB) during the development of the existing
standards of performance. Therefore, the information collection
requests have not been amended. However, OMB has previously approved
the information collection requirements contained in the existing
regulations (subpart DDDDDDD, 40 CFR part 63) under the provisions of
the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and has assigned
OMB control number 2060-0635 (ICR 2354.02). The OMB control numbers for
EPA's regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act 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
would not have a significant economic impact on a substantial number of
small entities. Small entities include small businesses, small not-for-
profit enterprises, and small governmental jurisdictions.
    For the purposes of assessing the impacts of this rule on small
entities, small entity is defined as: (1) A small business as defined
by the Small Business Administration's regulations found 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 this direct final rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This action
does not impose any additional costs over those in the final rule
published on January 5, 2010 (75 FR 522).

D. Unfunded Mandates Reform Act

    This direct final 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 to the private sector in any
one year. This direct final rule is not expected to impact State,
local, or Tribal governments. Thus, this rule would not be subject to
the requirements of sections 202 and 205 of the Unfunded Mandates
Reform Act (UMRA).
    This final rule would also not be subject to the requirements of
section 203 of UMRA because it contains no regulatory requirements that
might significantly or uniquely affect small governments.

E. Executive Order 13132: Federalism

    This direct final rule 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 direct final
rule does not impose any requirements on State and local governments.
Thus, Executive Order 13132 does not apply to this rule.

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 direct
final rule imposes no requirements on Tribal governments; thus,
Executive Order 13175 does not apply to this action.

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

    EPA interprets Executive Order 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 Executive Order 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 direct final rule 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.

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 (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.
    These direct final rule amendments do not involve technical
standards as defined in the NTTAA. Therefore, this direct final rule is
not subject to NTTAA.

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

    Executive Order 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 determined that this direct final rule would not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it increases the
level of environmental protection for all affected populations without
having any disproportionately high and adverse human health or
environmental effects on any population, including any minority or low-
income population.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801, et seq., as added by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of Congress and to the Comptroller General
of the United States. EPA will submit a report containing these final
rule amendments and other required information to the U.S. Senate, the
U.S. House of Representatives, and the Comptroller General of the
United States prior to publication of the final rule amendments in the
Federal Register. A major rule cannot take effect until 60 days after
it is published in the Federal Register. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2). This direct final rule will be
effective on November 2, 2010.

List of Subjects for 40 CFR Part 63

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

    Dated: July 14, 2010.
Lisa P. Jackson,
Administrator.

0
For the reasons set out in the preamble, title 40, chapter I, part 63,
subpart DDDDDDD of the Code of Federal Regulations is amended as
follows:

PART 63--[AMENDED]

0
1. The authority citation for part 63 continues to read as follows:

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

Subpart DDDDDDD--[Amended]

0
2. Section 63.11624 is amended as follows:
0
a. Revising the second sentence of paragraph (a)(2) introductory text;
0
b. Revising paragraph (a)(2)(iv); and
0
c. Revising paragraph (b) introductory text.
    The revisions are to read as follows:

Sec.  63.11624  What are the notification, reporting, and recordkeeping
requirements?

    (a) * * *
    (2) * * * If you are the owner or operator of a new affected
source, you must submit a Notification of Compliance Status within 120
days of initial startup, or by October 18, 2010, whichever is later. *
* *
* * * * *
    (iv) If you own or operate an affected source that is not subject
to the requirement in Sec.  63.11621(e) to install and operate a
cyclone to control emissions from pelleting operations because your
initial average daily feed production level was 50 tpd or less,
documentation of your initial average daily feed production level
determination.
    (b) Annual compliance certification report. You must, by March 1 of
each year, prepare an annual compliance certification report for the
previous calendar year containing the information specified in
paragraphs (b)(1) through (b)(6) of this section. You must submit the
report if you had any instance described by paragraph (b)(3) or (b)(4)
of this section.
* * * * *
[FR Doc. 2010-17711 Filed 7-19-10; 8:45 am]
BILLING CODE 6560-50-P


                                  MEMORANDUM

TO:  Portland Cement NESHAP Docket

FROM:  Keith Barnett, USEPA/OAQPS/SPPD/MMG

DATE:  June 2, 2008

SUBJECT:  Meeting on Portland Cement NESHAP

On June 2, 2008 a teleconference was held between representatives of the USEPA and several cement companies.  The purpose of the call was to discuss issues related to the Portland Cement NESHAP

USEPA Representatives on calls:

Keith Barnett, USEPA

Cement Indsutry

Mike Pelan, Lafarge
Curtis Lesslie, Ash Grove
Hector Ybanez, Holcim
Dan Nugent, Bussi Unicem
David Novello (Counsel to PCA)

This was a general discussion of NESHAP issues including the 112/129 rule interface, potential subcategories, and THC emissions.