[Federal Register Volume 78, Number 70 (Thursday, April 11, 2013)]
[Proposed Rules]
[Pages 21582-21583]
[FR Doc No: 2013-08245]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2012-0914; FRL-9776-7]

Revisions to the California State Implementation Plan, Butte
County Air Quality Management District and Sacramento Metropolitan Air
Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve revisions to the Butte County Air
Quality Management District (BCAQMD) and Sacramento Metropolitan Air
Quality Management District (SMAQMD) portions of the California State
Implementation Plan (SIP). These revisions concern volatile organic
compound (VOC), oxides of nitrogen (NOX), and particulate
matter (PM) emissions from residential wood burning devices. We are
proposing to approve local rules to regulate these emission sources
under the Clean Air Act (CAA or the Act).

DATES: Any comments on this proposal must arrive by May 13, 2013.

ADDRESSES: Submit comments, identified by docket number [EPA-R09-OAR-
2012-0914], by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. Email<EMAIL_ADDRESS>    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: All comments will be included in the public docket
without change and may be made available online at www.regulations.gov,
including any personal information provided, unless the comment
includes Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through www.regulations.gov or email.
www.regulations.gov is an ``anonymous access'' system, and EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send email directly to EPA, your email
address will be automatically captured and included as part of the
public comment. 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: Generally, documents in the docket for this action are
available electronically at www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California 94105-3901.
While all documents in the docket are listed at www.regulations.gov,
some information may be publicly available only at the hard copy
location (e.g., copyrighted material, large maps), and some may not be
publicly available in either location (e.g., CBI). To inspect the hard
copy materials, please schedule an appointment during normal business
hours with the contact listed in the FOR FURTHER INFORMATION CONTACT
section.

FOR FURTHER INFORMATION CONTACT: Rynda Kay, EPA Region IX, (415) 947-
4118<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: This proposal addresses the following local
rules: BCAQMD 207 Wood Burning Devices and SMAQMD 417 Wood Burning
Appliances. In the Rules and

Regulations section of this Federal Register, we are approving these
local rules in a direct final action without prior proposal because we
believe these SIP revisions are not controversial. If we receive
adverse comments, however, we will publish a timely withdrawal of the
direct final rule and address the comments in subsequent action based
on this proposed rule. Please note that if we receive adverse comment
on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, we may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.
    We do not plan to open a second comment period, so anyone
interested in commenting should do so at this time. If we do not
receive adverse comments, no further activity is planned. For further
information, please see the direct final action.

    Dated: January 14, 2013.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2013-08245 Filed 4-10-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 39 (Tuesday, February 28, 2012)]
[Rules and Regulations]
[Pages 11741-11742]
[FR Doc No: 2012-4474]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2004-OH-0004; FRL-9635-2]

Approval and Promulgation of Air Quality Implementation Plans;
Ohio; New Source Review Rules--Notice of Action Denying Petition for
Reconsideration and Request for Administrative Stay

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; action denying petition for reconsideration and
request for administrative stay.

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SUMMARY: EPA is providing notice that it has responded to a petition
for reconsideration and a request for an administrative stay of certain
provisions of the final rule titled, ``Approval and Promulgation of Air
Quality Implementation Plans; Ohio; New Source Review Rules'' published
February 25, 2010. The Ohio EPA

sought approval to implement the New Source Review (NSR) Reform
provisions that were not vacated by the United States Court of Appeals
for the District of Columbia (DC Circuit) in New York v. EPA. The final
rule approved certain revisions to Ohio's NSR program, which Ohio
submitted to EPA for review on September 14, 2004, under the Clean Air
Act (CAA). Subsequently EPA received a petition dated April 26, 2010,
for reconsideration from the Natural Resources Defense Council (NRDC).
The petition also requested that EPA stay implementation of certain
provisions of the final rule pending its reconsideration. EPA
considered the petition for reconsideration and request for an
administrative stay, along with information contained in the rulemaking
docket, in reaching a decision on both the petition and request for a
stay. EPA Administrator, Lisa P. Jackson, denied both the petition for
reconsideration and request for stay in a letter to the petitioner
dated January 24, 2012. The letter explains the basis for the denial
and is available as set forth below.

FOR FURTHER INFORMATION CONTACT: Andrea Morgan, Environmental Engineer,
Air Permits Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. How can I get copies of this document and other related information?

    This action, the petition for reconsideration, and the letter
denying the petition for reconsideration and request for an
administrative stay during the reconsideration are available in the
docket that has been established for this action under Docket ID No.
EPA-R05-OAR-2004-OH-0004. All documents in the docket are listed on the
http://www.regulations.gov Web site. Publicly available docket
materials are available in hard copy at: Environmental Protection
Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays.
We recommend that you contact Andrea Morgan, Environmental Engineer, at
(312) 353-6058 before visiting the Region 5 office. In addition to
being available in the docket, an electronic copy of each of these
documents will be available on the World Wide Web. Following
publication, a copy of this action will be posted on EPA's NSR Web
site, under Regulations & Standards, at http://www.epa.gov/nsr.

II. Judicial Review

    Under CAA section 307(b), judicial review of this final action is
available only by filing a petition for review in the U.S. Court of
Appeals for the District of Columbia Circuit on or before April 30,
2012.

    Dated: February 13, 2012.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2012-4474 Filed 2-27-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 210 (Monday, October 31, 2016)]
[Notices]
[Pages 75393-75394]
[FR Doc No: 2016-26186]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL17-8-000]

Indianapolis Power & Light Company v. Midcontinent Independent
System Operator, Inc.; Notice of Complaint

    Take notice that on October 21, 2016, pursuant to sections 206 of
the Federal Power Act, 16 U.S.C. 824e and Rule 206 of the Federal
Energy Regulatory Commission's (Commission) Rules of Practice and
Procedure, 18 CFR 385.206, Indianapolis Power & Light Company (IPL or
Complainant) filed a formal complaint against Midcontinent Independent
System Operator, Inc., (MISO or Respondent) alleging that the
Respondent's Open Access Transmission, Energy and Operating Reserve
Markets Tariff is unjust and unreasonable, unduly discriminatory and
preferential because it does not provide a means for IPL's
Advancion[supreg] Energy Storage Array, a.k.a. the Harding Street
Station Battery Energy Storage System to be compensated for services it
provides to the MISO system, including Primary Frequency Response, as
more fully explained in the complaint.
    Complainant certifies that copies of the complaint were served on
the contacts for Respondent as listed on the Commission's list of
Corporate Officials.
    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. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.

    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on November 10, 2016.

    Dated: October 25, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-26186 Filed 10-28-16; 8:45 am]
 BILLING CODE 6717-01-P


            Supporting Statement for a Request for OMB Review under
                          The Paperwork Reduction Act

1.  	IDENTIFICATION OF THE INFORMATION COLLECTION

	l(a)	Title and Number of the Information Collection

	TITLE:   Chemical-Specific Rules, TSCA Section 8(a)

	EPA ICR No.:   1198.11	OMB Control No:   2070-0067

      Docket ID No.:   EPA-HQ-OPPT-2017-0317

	1(b)	Short Characterization

	This information collection request (ICR) renewal covers reporting and recordkeeping requirements for persons who manufacture (the term "manufacture" includes import under TSCA) or process chemical substances subject to chemical-specific rules promulgated under section 8(a) of the Toxic Substance Control Act (TSCA, 15 U.S.C. 2607).

	TSCA section 8(a) authorizes the Administrator of the EPA to promulgate rules that require persons who manufacture or process chemical substances and mixtures, or who propose to manufacture or process chemical substances and mixtures, to maintain such records and submit such reports to EPA as may be reasonably required. Information that may be collected under TSCA section 8(a) includes, but is not limited to, chemical names, categories of use, production volume, byproducts of chemical production, existing data on health and environmental effects, exposure data, and disposal information. These data are collected by the Office of Pollution Prevention and Toxics (OPPT) and may be used by other EPA offices and/or federal agencies as needed.

	There may be circumstances when EPA may require different information than is readily available or information that is different from that available through existing regulatory information collection tools, like the TSCA section 8(a) Preliminary Assessment Information Rule (PAIR) which is discussed in another ICR under a different OMB control number. EPA promulgated PAIR on June 22, 1982 (see 40 CFR Part 712). Whenever a substance is added to the PAIR, manufacturers of the substance are required to complete a PAIR report form. The PAIR report requests a very limited amount of information on listed chemicals regarding activities occurring over a specific time period.

	Any chemical covered by TSCA for which OPPT, other EPA offices or another federal agency has a reasonable need for information, and which cannot be satisfied via readily available sources or by use of PAIR, is a proper potential subject for a chemical-specific TSCA section 8(a) rulemaking. For instance, EPA may wish to ask detailed questions in regard to how industry oversees the use and production of a chemical. These specific monitoring capabilities could allow EPA to react to change in market conditions or emerging markets that may warrant a change in EPA's regulatory strategy. Therefore, EPA could promulgate a TSCA section 8(a) rule to gather this information by requesting that current or potential manufacturers or processors of the substance provide chemical-specific information.

	EPA's OPPT, other EPA offices and/or other federal agencies will generally be the primary groups for which information will be collected. However, to the extent that reported information is not considered to be confidential business information (CBI), EPA will make this information available to state and local government entities, environmental groups, environmental justice advocates, and members of the public for their own use.

	Rather than requiring respondents to submit information on reporting forms such as those used for PAIR, EPA has in the past allowed individual firms to choose the reporting means and format that is best suited to their recordkeeping resources. EPA believes that for TSCA section 8(a) chemical-specific rules, this allowance keeps reporting costs low. Alternatively, under a TSCA section 8(a) chemical-specific rule, EPA may require reporting companies to submit information electronically to EPA via the Central Data Exchange (CDX), EPA's electronic system for receiving environmental information.

	Total annual cost of a rule varies depending upon the number of chemicals per rule and the number of respondents per chemical. Based on the recent past usage of chemical-specific TSCA section 8(a) rules and expected future usage, EPA assumes that it will promulgate one TSCA section 8(a) chemical-specific rule with four respondents (notices) per year for the three-year duration of the ICR (see section 6(b), below). The maximum total annual number of burden hours for respondents range from 73 hours to 281 hours (or 60 to 242 hours for electronic reporting) per TSCA section 8(a) chemical-specific rule. The maximum cost associated with the promulgation of a TSCA section 8(a) chemical-specific rule is $5,130 to $20,480 (or $4,800 to $18,478 for electronic reporting). However, the cost, burden hours, or number of respondents may vary depending on each chemical-specific TSCA section 8(a) rule. If a significant difference is expected from a new rule, EPA will submit an ICR addendum to this ICR. For example, an addendum has been submitted regarding the TSCA section 8(a) rule for Certain Nanoscale Materials, identified under OMB control number 2070-0194. Also, because all respondents may not have to provide information on all data items listed (see Sections 3 and 6(b), below), the ranges presented above are maximums.

2.  	NEED FOR AND USE OF THE COLLECTION

	2(a)	Need/Authority for the Collection

	Generally, EPA may need chemical-specific information under TSCA section 8(a) to evaluate the potential for exposure and/or adverse human health and environmental effects caused by the manufacture, processing, use or disposal of identified chemical substances and mixtures. Additionally, EPA may use TSCA section 8(a) information to assess the need or set priorities for testing and/or further regulatory action.

	The information required in TSCA section 8(a) chemical-specific rules can be custom-tailored to aid in achieving EPA's goals of protecting human health and the environment. Information collected may vary depending on the substance, its current and potential uses and EPA's concerns about potential human or environmental risks caused by exposures to the substance. As noted above, TSCA section 8(a) rules may require persons manufacturing, or processing the chemical substance, or intending to manufacture or process, to report to EPA on specific information such as: a chemical's composition, byproducts, quantity produced, employee exposure and environmental release.

	The legal authority for this information collection is TSCA section 8(a), 15 U.S.C. 2607(a) (Attachment 1) and TSCA section 26(p), 15 U.S.C. 2625 (Attachment 2). TSCA section 8(a) chemical-specific rules have been codified at 40 CFR 704, subpart B; see Attachment 3.

	2(b)	Use/Users of the Data

	EPA will use the information obtained through the TSCA section 8(a) reporting rules to satisfy specifically-identified data needs. The information collected will be relevant to prioritization, all stages of risk evaluation, and/or risk management. Receipt of TSCA section 8(a) information may also give the Agency an opportunity to work with the respondent, if necessary, to minimize exposure risks associated with specific uses. Generally, a specific information collection request would be made by the Chemical Control Division or another division in OPPT. However, other regulatory agencies and departments, such as Occupational Safety and Health Administration (OSHA), the Food and Drug Administration (FDA), and other members of the Interagency Testing Committee (ITC) may also present a need for and subsequently use TSCA section 8(a) data to, for example, assess worker or consumer exposures.

	An example of a use of a TSCA section 8(a) chemical-specific rule that was key in affecting a benefit to human health was 11-aminoundecanoic acid (11-AA). From submitted TSCA section 8(e) "substantial risk" reports, EPA discovered that 11-AA is a carcinogen in one sex of one rodent species (male rat), and that exposure is limited to workers producing the nylon in which the chemical is an ingredient. The manufacturer was contacted to obtain exposure data for this chemical. From this contact EPA learned: (1) 11-AA was imported and converted into nylon by one company and there was no domestic manufacture; (2) 11-AA was handled and transferred in a closed system and all 11-AA was converted during the reaction to produce nylon. Consequently, because of limited exposure potential, 11-AA was dropped from further review. However, concern would arise if 11-AA were to be manufactured domestically because of the greater likelihood for worker exposure. To alert EPA to domestic manufacture, on May 28, 1987, OPPT promulgated a rule under TSCA section 8(a) and a Significant New Use Rule (SNUR) under section 5 for 11-AA (52 FR 19860). Users of TSCA section 8(a) chemical-specific information rarely make a judgment based solely on the content of the TSCA section 8(a) information received but rather use the TSCA section 8(a) chemical-specific information as part of the larger risk evaluation and management strategy. 11-AA TSCA section 8(a) information would be instrumental in affecting a benefit to human health if a company were to begin to manufacture the substance.

3.  	NON-DUPLICATION, CONSULTATION, AND OTHER COLLECTION
	CRITERIA

	3(a)	Non-Duplication

	Section 8(a)(5) of TSCA states, "the Administrator shall, to the extent feasible... not require reporting which is unnecessary or duplicative."  The reporting requirements of TSCA section 8(a) rules only require information that EPA believes will assist in a reasoned evaluation of the human health and environmental effects of chemical substances and mixtures. This information is unlikely to be duplicative since, (1) EPA estimates that each rule will generate only a few submissions, (2) the information required by the TSCA section 8(a) rule is unique to the manufacturer or processor (e.g., the proposed date of production or importation, the amount produced or imported, the chemical composition, and uses of the chemical substance or mixture), and (3) EPA thoroughly checks other public and unpublished sources to see if the required data may already be available prior to issuing such rules. If EPA were to become aware of a source of substantially similar information, for example via comments on a proposed rule, EPA would not continue with the information collection.

	3(b)	Public Notice Required Prior to ICR Submission to OMB

	 Prior to submission to OMB, this ICR will be made available to the public for comment through a Federal Register notice. The public will have 60 days to provide comments. Any comments received will be given consideration when completing the supporting statement that is submitted to OMB.

	3(c)	Consultations

	Under 5 CFR 1320.8(d)(1) OMB requires agencies to consult with potential ICR respondents and data users about specific aspects of ICRs before submitting an original or renewal ICR to OMB for review and approval. In accordance with this regulation, EPA will pursue consultations with interested parties during the development of the renewal of this collection.

	3(d)	Effects of Less Frequent Collection

	Generally, companies are required to report only once under a TSCA section 8(a) chemical-specific reporting rule, although EPA may consider requiring reporting on an annual, semiannual, monthly or other basis if the Administrator deems this necessary to protect human health and the environment. EPA tailors each rule to meet chemical-specific information requirements, thus reducing the potential for too frequent data collections.

	3(e)	General Guidelines

	This information collection activity is necessary to implement the statutory requirements of section 8(a) of TSCA and is consistent with the requirements of 5 CFR 1320.6.

      3(f)	Confidentiality

	Submitters may designate information as confidential, trade secret, or proprietary. EPA has implemented procedures to protect any confidential, trade secret or proprietary information from disclosure. These procedures comply with TSCA section 14 and EPA's confidentiality regulation, 40 CFR Part 2, Subpart B.

	3(g)	Sensitive Questions

	This section is not applicable. TSCA section 8(a) reporting rules do not include any questions of a sensitive nature.

4.  	THE RESPONDENTS AND THE INFORMATION REQUESTED

	4(a)	Respondents/North American Industrial Classification System (NAICS)
		Codes

	Respondents affected by this collection activity primarily include those businesses that fall under NAICS codes 325, Chemical Manufacturers and Processors, and 324110, Petroleum Refineries.

	4(b)	Information Requested

	4(b)(i)	 Data Items

	Section 8(a) of TSCA specifically lists a wide range of data items that may be required by EPA, including information on use, production volume, exposure, and health and safety. Data items requested of manufacturers or processors of certain chemicals vary with each collection request, but will not repeat information previously requested through the PAIR or other information gathering tools. Some data items requested under TSCA section 8(a) chemical-specific rules in the past include: notification and description of changes in the end use of identified substances and mixtures, information on planned manufacturing and on-site processing, and notification of changes to the method of manufacturing the substance (see 40 CFR subpart B).

	An example of a past TSCA section 8(a) chemical-specific rule is one issued on 4,4'-methylenebis (2-chloroaniline) (MBOCA). It required persons who propose to manufacture MBOCA to notify EPA of that intent and to submit information on their planned manufacturing and on-site processing activities. The rule also required persons who manufacture MBOCA to notify the Agency if they propose to alter the manner or method of manufacturing the substance.

      4(b)(ii) Respondent Activities

	Activities a respondent may be required to perform as a result of a TSCA section 8(a) chemical-specific rule are as follows:

0.75 Hours of Attorney Labor

	- Gather and prepare information to substantiate a claim of confidentiality.

10.25 to 30.25 Hours of Managerial Labor

      - Identify listed chemicals;
      - Assign principal technical contact person;
      - Identify by-product; impurities; physical properties;
      - Review marketing data;
      - Research the date of the initiation of manufacture of the chemical;
      - Research occupational exposure, environmental release, health and environmental information, disposal methods; risk management practices; and
      - Process, compile, and review information for accuracy, substantiate a claim of confidential business information.

17.5 to 98 Hours of Technical Labor

      - Identify chemical and trade name and chemical composition;
      - Identify by-product; impurities; physical properties;
      - Describe use of chemical;
      - Report quantity manufactured;
      - Research workplace exposures, environmental releases, health and environmental information, and disposal methods; risk management practices; and
      - Provide occupational description.

7 to 21 Hours of Clerical Labor (0.5 - 1.5 Hours for Electronic Reporting)

      - Format research on occupational exposures, environmental releases, health and environmental information; risk management practices;
      - Format attachments;
      - Prepare notice; and
	- Recordkeeping.

Recordkeeping Estimate

	TSCA section 8(a) chemical-specific rules may contain recordkeeping requirements. The recordkeeping estimate is reasonably related to the maximum reporting burden. EPA estimates that recordkeeping will account for approximately four percent of the reporting burden for paper-based submission and less than one percent for electronic submission.

5. 	THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION
      METHODOLOGY AND INFORMATION MANAGEMENT

	5(a)	Agency Activities Inventory

	For any TSCA section 8(a) chemical-specific rule the Agency would have to perform a number of tasks. They are:

        	- Industry/Public Assistance (answering questions regarding rule);
        	- Data Processing and System Support Personnel;
        	- Review the information submitted;
      	- Analyze submissions for confidentiality and provide appropriate protection for   	 	confidential data;
      	- Storage and Distribution; and
        	- Compliance Monitoring.

	5(b)	Collection Methodology and Management

	For past rules, EPA has not required firms to submit this information on any one standard reporting form, and reporting facilities have been able to choose the format that best suits their reporting resources. EPA believes the flexibility already allowed in the reporting format significantly eases burden. TSCA section 8(a) chemical-specific rules typically require one-time reporting. As future data needs arise, EPA will consider requiring the use of electronic reporting methods. To the extent data are not CBI, all information collected is made available to the public through the public docket office.

	5(c)	Small Entity Flexibility

	Section 8(a) of TSCA generally exempts small manufacturers and processors. However, under TSCA section 8(a)(3), EPA may require small manufacturers and processors to report or keep records if the substance or mixture is subject to a rule proposed or promulgated under TSCA sections 4, 5(b)(4), or 6 or with respect to which relief has been granted pursuant to a civil action brought under sections 5 or 7 of TSCA. All respondents to TSCA section 8(a) chemical-specific rules, including small businesses, are granted flexibility in their reporting format.

	5(d)	Collection Schedule

	TSCA section 8(a) chemical-specific rules are generally one-time collections of specific information, usually regarding one chemical substance. Proposed TSCA section 8(a) chemical-specific rules request comments. The comments are then addressed and incorporated as appropriate in the final rule, which specifies the reporting deadline. Generally, EPA requires that information be reported no sooner than 30 days after the effective date of a final rule.

6.  	ESTIMATING THE BURDEN AND COST OF THE COLLECTION

	6(a) 	Estimating Respondent Burden

	Wage rates, including fringe benefits and overhead, for four categories of labor (legal (attorney), managerial, technical, and clerical) were used in this analysis. The basis for estimating wage rates for the purposes of this analysis is the Bureau of Labor Statistics (BLS) Employer Costs for Employee Compensation (ECEC) data, for December 2016, for manufacturing industries. Based on the BLS data, the average hourly wage rates (as of December 2016) are $69.97 for legal (attorney) personnel, $50.09for managerial personnel, $45.66 for technical personnel and $20.29 for clerical personnel.

	The cost of fringe benefits such as paid leave and insurance, specific to each labor category, are taken from the same ECEC series and an additional loading factor of 17 percent is applied to wages to account for overhead. The overhead factor of 17 percent is used in accordance with Office of Pollution Prevention and Toxics economic analyses for two major rulemakings: Wage Rates for Economic Analyses of the Toxics Release Inventory Program (EPA, 2002b), and the Revised Economic Analysis for the Amended Inventory Update Rule: Final Report (EPA, 2002a). This overhead loading factor is added to the benefits loading factor, and the total is then applied to the base wage to derive the fully loaded wage. The loaded hourly wage rates are $116.15 for legal (attorney) personnel, $83.15for managerial personnel, $78.08for technical personnel and $34,29 for clerical personnel, as shown in Table 1.

Table 1: Loaded Hourly Wage Rates by Labor Category in 2016$
                                Labor Category

                                     Wage
                                Fringe Benefits
                             Fringes as % of Wage
                             Overhead % of Wage[3]
                           Fringe + Overhead Factor
                                 Loaded Wages

                                      (a)
                                      (b)
                                 (c) = (b)/(a)
                                      (d)
                                (e)=(1)+(c)+(d)
                                (f) = (a) x (e)
Attorney[1]
                                    $69.97
                                    $34.40
                                    49.17%
                                      17%
                                     1.66
                                    $116.15
Managerial[2]
                                    $50.09
                                    $24.63
                                    49.17%
                                      17%
                                     1.66
                                    $83.15
Technical[2]
                                    $45.66
                                    $24.98
                                    54.70%
                                      17%
                                     1.71
                                    $78.08
Clerical[2]
                                    $20.29
                                    $10.52
                                    51.848%
                                      17%
                                     1.69
                                    $34.29
Sources: [1] BLS Occupational Employment Statistics (OES) May 2016 National Industry-Specific Occupational Employment and Wage Estimates (BLS, 2016b) [2]Employer Costs for Employee Compensation Supplementary Tables: December 2006-December 2016, US Bureau of Labor Statistics (BLS, 2016a)
[3]An overhead rate of 17 percent was estimated based on industry data gathered for the Revised Economic Analysis for the Amended Inventory Update Rule: Final Report (EPA, 2002a) and Wage Rates for Economic Analyses of the Toxics Release Inventory Program. (EPA, 2002b)

	This ICR maintains the assumption of the previous ICR that, on average, four notices per year are submitted in response to one section 8(a) chemical-specific rule per year. The current labor rates and burden hours used to calculate the cost to respondents for paper-based reporting are listed below.

                                Labor Category
                                 Burden Hours
                                  Hourly Rate
Attorney
                                     0.75
                                    $116.15
Managerial
                                10.25  -  30.25
                                    $83.15
Technical
                                 17.5  -  98.0
                                    $78.08
Clerical
                                 7.0  -  21.0
                                    $34.29

           The current reporting and recordkeeping labor rates and burden hours used to calculate the cost to respondents for electronic reporting are listed below:

                                Labor Category
                                 Burden Hours
                                  Hourly Rate
Attorney[1]
                                     0.75
     $116.15
Managerial
                                10.25  -  30.25
                                    $83.15
Technical
                                 17.5  -  98.0
                                    $78.08
Clerical
                                  0.5  -  1.5
                                    $34.29
                  Notes: 1- Attorney burden hours estimate is consistent with the Economic Analysis for the Final TSCA Section 8(a) Reporting Requirements for Certain Chemical Substance as Nanoscale Materials (2016)

	6(b) 	Estimating Respondent Costs

	The following are the tasks that attorneys, managers, technical, and clerical personnel are expected to perform when preparing to submit a notice in response to an 8(a) chemical-specific rule. However, as discussed at the end of this section, not all respondents are likely to be required to perform all tasks under each labor category. Therefore, the ranges of labor hours presented below for each labor category (e.g., 10.25 to 30.25 hours for managers) are the maximums and are based on the assumption that all tasks are performed for each notice.

Attorney Labor

 Gather and prepare information to substantiate a claim of data confidentiality.

	In performing these tasks, attorney labor hours have been estimated to 0.75 hours per TSCA section 8(a) chemical-specific rule.  At $116.15 per hour for attorney labor times the hours predicted ($116.15 x 0.75) the cost for legal work is $ 87.11. With an average of four notices per year for the three-year ICR period, the range of costs per year for attorney labor is (4 x $87.11) is $348.45.

Managerial Labor

 Manufacturer identifies listed chemicals;
 Assign principal technical contact person;
 Identify byproduct, impurities, and physical properties;
 Review marketing data;
 Research the date of the initiation of manufacture of the chemical;
 Research occupational exposure, environmental release, health and environmental information, disposal methods, risk management practices;
 Process, compile, and review information for accuracy; and
 Substantiate a claim of confidential business information.

	In performing these tasks, managerial labor hours have been estimated to range from 9.5 to 29.5 hours per TSCA section 8(a) chemical-specific rule. At $83.15 per hour for management labor times, the range of hours predicted [$83.15 x (9.5 to 29.5)], the range of cost for management work is $790 to $2,453 per notice resulting from a TSCA section 8(a) chemical-specific rule. With an average of four notices per year for the three-year ICR period, the range of costs per year for managerial labor is [4 x ($790 to $2,453)] = $3,160 to $9,812.

Technical Labor

 Identify chemical and trade name and chemical composition;
 Identify byproduct, impurities, and physical properties;
 Describe use of chemical;
 Report quantity manufactured;
 Research occupational exposures, environmental releases, health and environmental information, disposal methods, and risk management practices; and
 Provide occupational description.

	In performing these tasks, technical labor hours have been estimated to range from 17.5 to 98 hours per notice resulting from a TSCA section 8(a) chemical-specific rule. At $78.08 per hour for technical labor, times the range of hours predicted [$78.08 x (17.5 to 98)], a range of cost for technical work is estimated to be $1,366 to $7,652 per notice resulting from a TSCA section 8(a) chemical-specific rule. With four notices per year for a three-year period, the range of annual costs for technical labor is [4 x ($1,366 to $7,652)] = $5,464 to $30,608.

Clerical Labor

 Format research on occupational exposure, environmental releases, health and 	     environmental information; risk management practices;
 Format attachments;
 Prepare notice; and
 Recordkeeping.

	In performing these tasks, clerical labor has been estimated to range from 7 to 21 hours per paper-based notice resulting from a TSCA section 8(a) chemical-specific rule. At $34.29 per hour for clerical labor, times the range of hours predicted [$34.29 x (7 to 21)], the range of cost for clerical work is estimated to be $240 to $720 per notice resulting from a TSCA section 8(a) chemical-specific rule. With four notices per TSCA section 8(a) chemical-specific rule for paper-based submission, the range of costs per year for clerical labor is [4 x ($240 to $720)] = $920 to $2,880.

	Consistent with the Economic Analysis of the Premanufacture Notification Electronic Reporting Final Rule (July 13, 2009), EPA assumed that the entire reporting burden for clerical/administrative staff associated with submitting section 8(a) PAIR would be 0.05 hours for electronic reporting. EPA assumed that the recording burden associated with maintaining records of the information submitted to EPA would be reduced by 50 percent, making the maximum overall recordkeeping burden for this rule 1.5 hours. (see table 3).

	The cost to a respondent for filing a TSCA section 8(a) notice depends upon the various tasks performed. These tasks could include gathering the required data, preparing the notice, substantiating CBI, submitting the TSCA section 8(a) notice, and possibly keeping records. Based on promulgated TSCA section 8(a) rules, EPA estimates that each respondent will submit one notice per TSCA section 8(a) chemical-specific rule. EPA anticipates issuing one TSCA section 8(a) rule per year and expects to receive an average of four notices per year.

	The cost to a respondent for submitting a TSCA section 8(a) notice is a function of the number of hours and the hourly labor costs for the individuals developing and preparing the notice. The annual estimated range of cost to the respondent is $2,483 ($87.11+ $790 + $1,366 + $240) to $10,912 ($87.11+ $2,453 + $7,652 + $720) per notice, and $9,932 to $43,648 per TSCA section 8(a) chemical-specific rule [4 notices per rule x ($2,483 to $10,912 per notice)] for paper-based submission. The estimated frequency of each activity, along with total respondent cost and burden calculations, is presented in Table 2. The annual estimated range to respondent is $2,260 ($87.11 + $790 + $1,366 + $17.15) to $10,243 ($87.11 + $2,453 + $7,652 + 51.43) per notice and $9,040 to $40,972 per TSCA section 8(a) chemical-specific rule [4 notices per rule x ($2,260 to $10,243 per notice)] for electronic-based submission. Estimated frequency of each activity, along with total respondent cost and burden calculations, is presented in Table 3.  However, as mentioned above, these figures are likely to overstate the true cost because not all respondents may be required to supply information regarding each activity. Thus, the average actual cost to the respondent will be lower than the $2483 to $10,912 per notice estimate calculated above for paper-based submission and lower than $2,260 to $10,243 per notice estimate calculated above for electronic submission. The total cost to all respondents reporting under a TSCA section 8(a) chemical-specific rule is estimated to range from $5,275 to $20,430 per year for paper-based reporting and from $4,828 to $18,428 for electronic reporting.

Table 2. Total Annual Respondent Burden and Costs Associated with Preparing and Filing a TSCA Section 8(a) Notice. (for paper-based reporting)
                                   Activity
                          Managerial Hours $83.15/hr
                                   Attorney
                                    Hours
                                  $116.15/hr
                           Technical Hours $78.08/hr

                             Clerical Hours $34.29
                               Notices per Year
                              Annual Burden Hours
                                 Annual Costs
Manufacturer Information
and Principal Technical Contact
                                     1 - 4

                                       4
                                    4 - 16
                                     $332-
                                    $1,330
Chemical and
Trade Name

                                     1 - 4

                                       3
                                    3 - 12
                                     $234-
                                     $937
Chemical
Composition

                                    0.5 - 2

                                       4
                                     2 - 8
                                     $156-
                                     $625
Byproduct Information
                                       1

                                     1 - 4

                                       2
                                    4 - 10
                                     $322-
                                     $791
Use Description

                                     1 - 4

                                       4
                                    4 - 16
                                     $312-
                                    $1,249
Quantity Manufactured

                                     1 - 4

                                       4
                                    4 - 16
                                     $312-
                                    $1,249
Marketing Data
                                     1 - 2

                                       2
                                     2 - 4
                                     $166-
                                     $333
Date of Initiation
of Manufacture
                                      0.5

                                       4
                                       2
                                     $166
Occupational Exposure
                                     1 - 4

                                    2 - 16
                                     1 - 3
                                       2
                                    8 - 46
                                     $547-
                                    $3,369
Environmental Release
                                     1 - 4

                                     1 - 8
                                     1 - 3
                                       2
                                    6 - 30
                                     $391-
                                    $2,120
Occupational Description

                                    1 - 10

                                       1
                                    1 - 10
                                    $78.08-
                                     $781
Health and Environmental Information
                                     2 - 8

                                    8 - 40
                                     1 - 3
                                       1
                                    11 - 51
                                     $825-
                                    $3,891
Disposal Methods
                                     1 - 2

                                     1 - 6

                                       1
                                     2 - 8
                                     $161-
                                     $634
Attachments

                                     2 - 6
                                       1
                                     2 - 6
                                     $69-
                                     $206
Preparation of
Notice

                                     1 - 3
                                       4
                                    4 - 12
                                     $137-
                                     $411
Managerial Review of Submission
                                     1 - 4

                                       4
                                    4 - 16
                                     $333-
                                    $1,330
Legal Review of Submission
(CBI Substantiation)
                                     0.75
                                     0.75

                                       4
                                       6
                                     $597
Recordkeeping

                                     1 - 3
                                       4
                                    4 - 12
                                     $137-
                                     $411
TOTAL
                                10.25  -  30.25
                                     0.75
                                   17.5 - 98
                                    7 - 21

                                   73 - 281
                                   $5,275 -
                                    $20,430

Table 3: Total Annual Respondent Burden and Costs Associated with Preparing and Filing a TSCA Section 8(a) Notice.  (for electronic reporting)
                                   Activity
                          Managerial Hours $83.15/hr
                                   Attorney
                                    Hours
                                  $116.15/hr
                           Technical Hours $78.08/hr

                             Clerical Hours $34.29
                               Notices per Year
                              Annual Burden Hours
                                 Annual Costs
Manufacturer Information
and Principal Technical Contact
                                     1 - 4

                                       4
                                    4 - 16
                                     $332-
                                    $1,330
Chemical and
Trade Name

                                     1 - 4

                                       3
                                    3 - 12
                                     $234-
                                     $937
Chemical
Composition

                                    0.5 - 2

                                       4
                                     2 - 8
                                     $156-
                                     $625
Byproduct Information
                                       1

                                     1 - 4

                                       2
                                    4 - 10
                                     $322-
                                     $791
Use Description

                                     1 - 4

                                       4
                                    4 - 16
                                     $312-
                                    $1,249
Quantity Manufactured (Including Imported)

                                     1 - 4

                                       4
                                    4 - 16
                                     $312-
                                    $1,249
Marketing Data
                                     1 - 2

                                       2
                                     2 - 4
                                     $166-
                                     $333
Date of Initiation
of Manufacture (Including Importation)
                                      0.5

                                       4
                                       2
                                     $166
Occupational Exposure
                                     1 - 4

                                    2 - 16

                                       2
                                    6 - 40
                                     $478-
                                    $3,163
Environmental Release
                                     1 - 4

                                     1 - 8

                                       2
                                     4- 24
                                     $322
                                    $1,914
Occupational Description

                                    1 - 10

                                       1
                                    1 - 10
                                    $78.15-
                                     $781
Health and Environmental Information
                                     2 - 8

                                    8 - 40

                                       1
                                     10-48
                                     $791-
                                    $3,123
Disposal Methods
                                     1 - 2

                                     1 - 6

                                       1
                                     2 - 8
                                     $161-
                                     $634
Managerial Review of Submission
                                     1 - 4

                                       4
                                    4 - 16
                                     $333-
                                    $1,330
Legal Review of
Submission (CBI Substantiation)
                                     0.75
                                     0.75

                                       4
                                       6
                                     $597
Recordkeeping

                                 0.5  -  1.5
                                       4
                                     2 - 6
                                    $68.58
                                     $206
TOTAL
                                10.25  -  30.25
                                     0.75
                                   17.5 - 98
                                   0.5 -1.5

                                   60 - 242
                                    $4,828
                                    $18,428

One-Time Electronic Reporting Burden and Cost

	Electronic reporting costs are presented in Table 4.  Electronic reporting costs for first time registrants are estimated to be $282 and subsequent year costs are to be $1.71. EPA estimated the per-company one-time burden associated with CDX registration, set-up, and familiarization by multiplying the unit burden hour estimates by fully loaded hourly rates for workers of appropriate labor categories.

	In addition to the one-time CDX registration and familiarization cost, a company would incur recurring burden associated with the time it takes to submit reports via CDX.  However, EPA assumed that this burden would be less than the reporting cost incurred by industry for submitting paper-based reports.  EPA estimated the time it would take to prepare and submit a report electronically by conducting a simulation of this process for the TSCA sections 4, 5, 8(a) PAIR, and 8(d).  For the purpose of renewing this ICR, the average estimate for the electronic reporting burden for section 8(a) PAIR (0.05) was multiplied by the loaded hourly wage for clerical workers estimated above ($34.29) to determine the recurring cost associated with submitting a report via CDX.  More information on the derivation of these costs is found in the Economic Analysis for the Electronic Reporting under the Toxic Substances Control Act (TSCA) Proposed Rule (EPA, 2011).

Table 4.  Industry Burden, by Activity for Electronic Reporting
                                   Activity
                                Clerical Burden
                                 ($34.29/hr.)
                               Technical Burden
                                  ($78.08/hr)
                              Managerial Burden
                                  ($83.15/hr)
                          Number of Annual Activities
                                 Total Burden
                                    (hours)

                                 Annual Cost

                                      (a)
                                      (b)
                                      (c)
                                      (d)
                             (e) =[(a)+(b)+(c)]*d

                             ELECTRONIC REPORTING

First-time registration

CDX Registration
                                                                           0.00
                                                                           0.73
                                                                           0.18
                                                                           1.00
                                                                           0.91
                                                                            $72
CDX Electronic Signature
                                                                           0.00
                                                                           1.00
                                                                           0.75
                                                                           1.00
                                                                           1.75

                                                                           $140
Rule Familiarization
                                                                           0.00
                                                                           0.27
                                                                           0.55
                                                                           1.00
                                                                           0.82
                                                                            $67
Total
                                                                           0.00
                                                                           2.00
                                                                           1.48

                                                                           3.48
                                                                           $279
Non-Labor Cost[1]
CDX Electronic Signature
                                       -
                                                                          $2.60
                                               Total First Time Burden per firm
                                                                           3.48
                                                                           $282
Recurring Electronic
Recurring Burden per Submission (hours)
Number of Annual Activities
Recurring Cost per Submission (2017$)
           Annual Cost
                                                                           0.05
                                                                           1.00
                                                                          $1.71
                                                                          $1.71
                                               Total Subsequent Burden per firm
                                                                           0.05
                                                                          $1.17
[1] Non-labor costs include a $0.49 stamp and a $0.03.

	6(c) 	Estimating Agency Burden and Cost

      EPA is responsible for the following activities associated with administering the TSCA section 8(a) rule:
          Industry and public information assistance;
          Data processing and systems support;

      The Frank R. Lautenberg Chemical Safety for the 21st Century Act was signed into law on June 22, 2016, and became immediately effective.  EPA has estimated the Agency burden resulting from the new requirements in the act for substantiation of CBI claims made as a result of this rule.  EPA will further refine these estimates when it revises the cost and estimates for the ICR for 40 CFR part 2 based on the new CBI substantiation requirements.

      Agency personnel are responsible for all tasks associated with the rule, and none of the work is estimated to be completed by contractor staff. EPA labor costs are based on annual federal wage rates published by the Office of Personnel Management for the Washington-Baltimore-Northern Virginia, DC-MD-PA-VA-WV Locality Pay Area for 2017 (OPM, 2017). Wages are presented in terms of GS-level and step. A federal GS-12, Step 1 employee will conduct the collection and administrative activities under the rule. A federal GS-12, Step 1 will assist with the review of the CBI claim substantiations. Unloaded wage rates for 2017 for both of these employees are presented in Table 5. Following the methodology outlined in Instructions for Preparing Information Collection Requests (ICRs) (EPA, 1992), EPA added 60 percent to the wage rate to account for fringe benefits and overhead costs. Table 5 derives the loaded annual wage rates for Agency staff at the GS-12 Step 1,

Table 5: Derivation of Loaded Agency Wage Rates (2017$)
                                Labor Category
                                   Pay Grade
                                Annual salary

                   Overhead and Fringe Benefits (% of wage)
                                      (c)
 Overhead and Fringe Benefit Cost

Total
                                Technical Labor
  GS 12 Step 1
                                   $ 79,720

                                      60%

$ 47,832

$ 127,553

                                Attorney Labor
                                 GS 12 Step 1

                                   $ 79,720

                                      60%

$ 47,832

                                   $ 127,553

The Agency has developed the following burden hour estimates for activities related to promulgating a TSCA section 8(a) chemical-specific rule.

Table 6: Processing One Report

                                 EPA Activity
                               Technical Labor
                                Attorney Labor
                               Total Labor Cost

                                Burden (Hours)
                                Burden (Hours)
                                    Burden
                                    (Hours)
                          Industry/Public Assistance
                                    0.1 FTE
                                       0
                                      0.1
                     Data Processing and Systems Support
                                    0.2 FTE
          0
                                      0.2
                           Storage and Distribution
                                    0.1 FTE
                                       0
                                      0.1
                             Compliance monitoring
                                    0.1 FTE
                                       0
                                      0.1
                      Review of CBI claim substantiations
                                   0.5 FTE
                                      1.5
                                       2
                             Total FTE, per report
                                   1.00 FTE
                                    1.5 FTE

                                    2.5 FTE

	The Office of Pollution Prevention and Toxics bases its burden hour and labor cost estimates on prior experience in gathering and processing information associated with other information collections. Because these activities involve a team approach, the Agency has used a composite burden hour estimate containing workers at various GS levels and calculated hourly costs based upon the wage rate for a GS-12 Step 1 employee. The 2017 annual salary for a GS-12 Step 1 employee in the Washington, DC area is $79,720. The cost for 2.5 FTE is $199,300. Incorporation of an overhead and benefits factor of 1.6 yields a fully loaded cost of $318,880 to the Agency for promulgating and supporting a TSCA section 8(a) chemical-specific rule. The full-time work year is considered to be 2,080 hours, so that there are 5,200 burden hours associated with 2.5 FTE.

	6(d) 	Bottom Line Burden Hours and Costs

	The following table displays the annual burden and costs borne by respondents and EPA associated with preparing, filing and reviewing a notice resulting from a TSCA section 8(a) chemical-specific rule.  The industry burden and cost for electronic reporting includes the average of the electronic reporting for the three years of this rule.  The registration burden and cost in the first year of the rule are 3.48 hours and $282 respectively.  In the second and third year the electronic reporting burden and costs are 0.05 hour and $1,17 respectively per year. Thus, an average cost of $95 per year over a three-year period.

Table 7. Annual Burden and Cost of a TSCA Section 8(a) Chemical-Specific Rule.

                              Annual Burden Hours
                                 Annual Costs
                       Industry (paper-based reporting)
                                   73 to 281
                               $5,130 to $20,480
                                   Industry
                          (for electronic reporting)
                                   61 to 242
                               $4,923 to $18,523
                                    Agency
                                     5,200
                                   $318,880

      6(e) 	Reasons for Change in Burden

	This request represents a net increase of 6 hours from that currently in the OMB inventory (from 275 to 281 hours). EPA estimates that industry will incur an increase of 6 hours of burden for a total burden of 281 hours if respondents continue with paper-based reporting.  This increase is due to new reporting requirements in the Lautenberg Act to substantiate CBI claims. The EPA estimates that the industry will incur a net decrease of 33 hours of burden for a net total of 242 hours if respondents submit reports electronically despite the increase in burden due to new reporting requirements in the Lautenberg Act to substantiate CBI claims.

Table 8: Total Estimate of Annual Burden Hours and Annualized Cost Comparisons (Paper-based Reporting)

                              Annual Burden Hours
Current OMB Inventory
                                      275
Change in Burden due to Adjustments
                                       0
Change in Burden due to Lautenberg Act
                                       6
Total Change in Burden
                                       6
Total Burden
                                      281

Table 9: Total Estimate of Annual Burden Hours and Annualized Cost Comparisons (Electronic Reporting)

                              Annual Burden Hours
Current OMB Inventory
                                      275
Change in Burden due to Adjustments
                                       0
Change in Burden due to Lautenberg Act and electronic reporting
                                     -33
Total Change in Burden
                                      -33
Total Burden
                                      242

	EPA anticipates issuing one TSCA section 8(a) chemical-specific rule per year with an average of four respondents submitting notices per rule. EPA may promulgate more than one TSCA section 8(a) chemical-specific rule per year over the next three years or promulgate a rule expected to have a significantly different burden than the burden estimated within this ICR. If EPA does this, the Agency will submit a technical addendum to OMB to reflect the change in estimated burden to the regulated industry and the government.

	6(f) 	Burden Statement

	The public burden for this collection of information is estimated to average between 60.75 hours (for electronic reporting) and 70.75 hours (for paper-based reporting) per response. Burden is defined in 5 CFR 1320.3(b). An Agency may not conduct or sponsor such a request and a person or facility is not required to respond to a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in the Federal Register, are listed in 40 CFR part 9 and included on the related collection instrument or form, if applicable.

	The Agency has established a public docket for this ICR under Docket ID No. EPA-HQ-OPPT-2017-0317, which is available for online viewing at http://www.regulations.gov, or in-person viewing at the EPA Docket Center (EPA/DC), EPA West, 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 Reading Room is<PHONE_NUMBER>, and the telephone number for the Pollution Prevention and Toxics Docket is<PHONE_NUMBER>.

	You may submit comments regarding the Agency's need for this information, the accuracy of the provided burden estimates and any suggested methods for minimizing respondent burden, including the use of automated collection techniques. Submit your comments, referencing Docket ID No. EPA-HQ-OPPT-2017-0317 and OMB Control No. 2070-0067, as follows:

	-  To EPA online using http://www.regulations.gov (our preferred method), or by mail to: Pollution Prevention and Toxics Docket, Environmental Protection Agency Docket Center (EPA/DC), Mailcode: 28221T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and

	-  To OMB by e-mail to<EMAIL_ADDRESS>Address comments to OMB Desk Officer for EPA.

                    ATTACHMENTS TO THE SUPPORTING STATEMENT

      Attachments to the supporting statement are available in the public docket established for this ICR under docket identification number EPA-HQ-OPPT-2017-0317. These attachments are available for online viewing at http://www.regulations.gov or otherwise accessed as described in section 6(f) of the supporting statement, above.

Attachment 1		Toxic Substances Control Act Section 8(a), 15 U.S.C. 2607

Attachment 2		Toxic Substances Control Act Section 26(p), 15 U.S.C. 2625

Attachment 3		General Reporting and Recordkeeping Provisions for Section 8(a)
            Information-Gathering Rules, 40 CFR 704


[Federal Register Volume 86, Number 170 (Tuesday, September 7, 2021)]
[Rules and Regulations]
[Pages 49924-49925]
[FR Doc No: 2021-19149]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2021-0585]

Safety Zones; Fireworks Displays, Air Shows and Swim Events in
the Captain of the Port Long Island Sound Zone

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Notification of enforcement of regulation.

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

SUMMARY: The Coast Guard will enforce safety zones for marine events in
the Long Island Sound Captain of the Port Zone on the dates and times
provided in the tables below. This action is

necessary to provide for the safety of life and property along the
navigable waterways. During the enforcement periods, all vessels that
transit in the locations listed must adhere to the regulations unless
specified by the Captain of the Port (COTP) or designated
representative.

DATES: The regulations in 33 CFR 165.151 will be enforced for 9.3
Village of Island Park Labor Day Celebration Fireworks, 9.4 The Creek
Fireworks, and 9.7 Dolan Family Labor Day Fireworks regulated areas
listed in the Table to Sec.  165.151 from 8:30 p.m. to 10:30 p.m. on
September 4 and 6, 2021.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email MST1 Chris Gibson, Waterways
Management Division, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety
zones listed in 33 CFR 165.151 at the specified dates and times
indicated below.

                        Table 1 to Sec.   165.151
------------------------------------------------------------------------

------------------------------------------------------------------------
9.3 Village of Island Park Labor Day      Date: September 4,
 Celebration Fireworks.                   2021. From 8:30 p.m. to 10:30
                                          p.m.
                                          Location: Waters off
                                          Village of Island Park Fishing
                                          Pier, Village Beach, NY, in
                                          approximate position
                                          40[deg]36'30.95'' N,
                                          073[deg]39'22.23'' W (NAD 83).
9.4 The Creek Fireworks................   Date: September 4,
                                          2021. From 8:30 p.m. to 10:30
                                          p.m.
                                          Location: Waters of
                                          Long Island Sound off the
                                          Creek Golf Course,
                                          Lattingtown, NY, in
                                          approximate position
                                          40[deg]54'13'' N,
                                          073[deg]35'58'' W (NAD 83).
------------------------------------------------------------------------
9.7 Dolan Family Labor Day Fireworks...   Date: September 6,
                                          2021. From 8:30 p.m. to 10:30
                                          p.m.
                                          Location: Waters of
                                          Oyster Bay Harbor in Long
                                          Island Sound off Oyster Bay,
                                          NY in approximate position
                                          40[deg]53'43.50'' N,
                                          073[deg]30'06.85'' W.
------------------------------------------------------------------------

    This action is being taken to provide for the safety of life on
navigable waterways during these events. During the enforcement
periods, as reflected in Sec.  165.151, the established safety zones
prohibit persons and vessels entering into, transiting through,
mooring, or anchoring unless they receive permission from the COTP or
designated representative.
    This notification issued under authority 46 U.S.C. 70041 and 5
U.S.C. 552 (a). In addition to this notice of enforcement in the
Federal Register, the Coast Guard plans to provide notification of this
enforcement period via the Local Notice to Mariners. If the COTP
determines that the safety zone is no longer enforceable for the full
duration in this notification, a Broadcast Notice to Mariners may grant
permission to enter the regulated area.

    Dated: August 27, 2021.
E.J. Van Camp,
Captain, U.S. Coast Guard, Captain of the Port Long Island Sound.
[FR Doc. 2021-19149 Filed 9-3-21; 8:45 am]
BILLING CODE 9110-04-P


From: LauraButler [ Laura. Butler@ ncmail. net] Sent: Thursday, July 11, 2002 11: 00 AM To: Myron Whitley; Jalal Adouli; bob. camby@ buncombecounty. org Cc: Holloway, Thomas C. Subject: Re: Magnetic tape manufacturing facilities in NC FYI  Thomas Holloway is looking for information for Sonopress  Buncombe County ( Local Program) EDM  Guilford County I just talked to Bob Camby ( 828 255 5655) about Sonopress. Shorewood is another facility associated with Sonopress. Bob has this information.

Myron and Jalal  I looked in Central Files for EDM and did not find anything. Do you have any information? Please include Thomas Holloway in your response.

Thanks.


[Federal Register Volume 86, Number 25 (Tuesday, February 9, 2021)]
[Notices]
[Page 8779]
[FR Doc No: 2021-02630]

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-10018-64-Region 10]

Proposed Reissuance of NPDES General Permit for Tribal
Enhancement and Federal Research Marine Net Pen Facilities Within Puget
Sound (WAG132000)

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed reissuance of NPDES General Permit and
request for public comment.

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SUMMARY: The Director of the Water Division, Environmental Protection
Agency (EPA) Region 10, proposes to reissue the National Pollutant
Discharge Elimination System (NPDES) General Permit for Tribal
Enhancement and Federal Research Marine Net Pen Facilities Within Puget
Sound (draft general permit). As proposed, eligible facilities include
tribal enhancement net pens, which are permitted to raise up to 200,000
pounds of native salmonids over a four month growing period each year,
and federal research net pen facilities, which are permitted to raise
up to 100,000 pounds annually of native finfish. Currently, there are
five tribal enhancement facilities and one federal research facility
eligible for coverage under the general permit. Existing enhancement
and research facilities may request authorization to discharge under
the general permit by submitting a Notice of Intent (NOI) no more than
ninety (90) days following the effective date of the permit. New
enhancement or research facilities that begin operations after the
effective date of the general permit must submit a NOI at least 180
days prior to initiation of operations. Upon receipt, EPA will review
the NOI to ensure that all permit requirements are met. If determined
appropriate by EPA, a discharger will be granted coverage under the
general permit upon the date that EPA provides written notification.
EPA is accepting public comments on the draft general permit.

DATES: Comments must be received by March 26, 2021.

ADDRESSES: Comments on the draft General Permit should be uploaded
electronically to https://www.regulations.gov, identified by Docket No.
EPA-R10-OW-2020-0506.

FOR FURTHER INFORMATION CONTACT: Permit documents may be found on the
EPA Region 10 website at: https://www.epa.gov/npdes-permits/draft-npdes-general-permit-tribal-enhancement-and-federal-research-marine-net-pen.
    Copies of the draft general permit and fact sheet are also
available upon request. Requests may be made to Audrey Washington at
(206) 553-0523. Requests may also be electronically mailed to:
<EMAIL_ADDRESS>or e08d85929ace8d819294898ea0859081ce878f96.

SUPPLEMENTARY INFORMATION: Please see the draft general permit and Fact
Sheet.

Other Legal Requirements

    This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
    Compliance with Endangered Species Act, Essential Fish Habitat,
Paperwork Reduction Act, and other requirements are discussed in the
Fact Sheet to the proposed permit.

Daniel D. Opalski,
Director, Water Division, Region 10.
[FR Doc. 2021-02630 Filed 2-8-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 48 (Wednesday, March 11, 2020)]
[Notices]
[Pages 14250-14251]
[FR Doc No: 2020-04906]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-88328 File No. SR-CboeEDGX-2020-011]

Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change To
Amend its Fee Schedule

March 5, 2020.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on March 2, 2020, Cboe EDGX Exchange, Inc. (the ``Exchange'')
filed with the Securities and Exchange Commission (the ``Commission'')
the proposed rule change as described in Items I and II below, which
Items have been prepared by the Exchange. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Cboe EDGX Exchange, Inc. (the ``Exchange'' or ``EDGX'' or ``EDGX
Equities'') is filing with the Securities and Exchange Commission
(``Commission'') a proposed rule change to amend its fee schedule. The
text of the proposed rule change is provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/options/regulation/rule_filings/edgx/), at the Exchange's Office of the Secretary, and at
the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its fee schedule in connection with
its standard removing liquidity fees. The Exchange proposes to
implement the proposed change to its fee schedule on March 2, 2020.
    The Exchange first notes that it operates in a highly-competitive
market in which market participants can readily direct order flow to
competing venues if they deem fee levels at a particular venue to be
excessive or incentives to be insufficient. More specifically, the
Exchange is only one of 13 registered equities exchanges, as well as a
number of alternative trading systems and other off-exchange venues
that do not have similar self-regulatory responsibilities under the
Exchange Act, to which market participants may direct their order flow.
Based on publicly available information,\3\ no single registered
equities exchange has more than 17% of the market share. Thus, in such
a low-concentrated and highly competitive market, no single equities
exchange possesses significant pricing power in the execution of order
flow. The Exchange in particular operates a ``Maker-Taker'' model
whereby it pays credits to members that add liquidity and assesses fees
to those that remove liquidity. The Exchange's fee schedule sets forth
the standard rebates and rates applied per share for orders that
provide and remove liquidity, respectively. Particularly, for
securities at or above $1.00, the Exchange provides a standard rebate
of $0.00170 per share for orders that add liquidity and assesses a fee
of $0.00265 per share for orders that remove liquidity. The Exchange
believes that the ever-shifting market share among the exchanges from
month to month demonstrates that market participants can shift order
flow, or discontinue or reduce use of certain categories of products,
in response to fee changes. Accordingly, competitive forces constrain
the Exchange's transaction fees, and market participants can readily
trade on competing venues if they deem pricing levels at those other
venues to be more favorable.
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    \3\ See Cboe Global Markets, U.S. Equities Market Volume Summary
(February 21, 2020), available at https://markets.cboe.com/us/equities/market_statistics/. This market share percentage is based
on a Month-to-Date volume summary.
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    As stated above, the Exchange currently provides a standard fee of
$0.00265 per share for liquidity removing orders (i.e., those yielding
fee codes N, W, 6, BB, and ZR) in securities priced at or above $1.00.
Orders in securities priced below $1.00 that remove liquidity are
assessed a fee of 0.30% of the dollar value. The Exchange now proposes
to increase the current standard fee of $0.00265 per share to $0.00270
per share for orders that remove liquidity for securities priced at or
above $1.00. Orders that remove liquidity in securities priced below
$1.00 would continue to be assessed a fee of 0.30% of the dollar value.
Although this proposed standard fee for liquidity removing orders is
higher than the current base rate for such orders, the proposed fee is
in line with similar fees for liquidity removing orders in place on
other exchanges.\4\
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    \4\ E.g., the Nasdaq base fee rate of $0.0030 for liquidity
removing orders in securities priced at or above $1.00. See https://www.nasdaqtrader.com/Trader.aspx?id=PriceListTrading2.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6 of the Act,\5\ in general, and furthers the requirements
of Section 6(b)(4),\6\ in particular, as it is designed to provide for
the equitable allocation of reasonable dues, fees and other charges
among its facilities and does not unfairly discriminate between
customers, issuers, brokers or dealers. The Exchange operates in a
highly-competitive market in which market participants can readily
direct order flow to competing venues if they deem fee levels at a
particular venue to be excessive or incentives to be insufficient.
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    \5\ 15 U.S.C. 78f.
    \6\ 15 U.S.C. 78(b)(4).
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    In particular, the Exchange believes that the proposed amendment is
reasonable, equitable and non-discriminatory because the proposed
change represents a modest fee increase and such fee is equally
applicable to all liquidity removing orders and thus is also equally
applicable to all Members of the Exchange. Additionally, as noted
above, the Exchange operates in highly competitive market. The Exchange
is only one of several equity venues to which market participants may
direct their order flow, and it represents a small percentage of the
overall market. Moreover, the proposed standard fee for

liquidity removing orders is still lower than that offered at other
exchanges for similar transactions.\7\
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    \7\ See supra note 4.
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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 the purposes of the Act.
    The Exchange believes the proposed rule change does not impose any
burden on intramarket competition that is not necessary or appropriate
in furtherance of the purposes of the Act. Particularly, the proposed
change applies to all liquidity removing orders equally, and thus
applies to all Members equally. Additionally, the Exchange believes the
proposed rule change does not impose any burden on intermarket
competition that is not necessary or appropriate in furtherance of the
purpose of the Act. As previously discussed, the Exchange operates in a
highly competitive market. Members have numerous alternative venues
that they may participate on and direct their order flow, including 12
other equities exchanges and off-exchange venues and alternative
trading systems. Additionally, the Exchange represents a small
percentage of the overall market. Based on publicly available
information, no single equities exchange has more than 17% of the
market share.\8\ Therefore, no exchange possesses significant pricing
power in the execution of order flow. Indeed, participants can readily
choose to send their orders to other exchange and off-exchange venues
if they deem fee levels at those other venues to be more favorable.
Moreover, the Commission has repeatedly expressed its preference for
competition over regulatory intervention in determining prices,
products, and services in the securities markets. Specifically, in
Regulation NMS, the Commission highlighted the importance of market
forces in determining prices and SRO revenues and, also, recognized
that current regulation of the market system ``has been remarkably
successful in promoting market competition in its broader forms that
are most important to investors and listed companies.'' \9\ The fact
that this market is competitive has also long been recognized by the
courts. In NetCoalition v. Securities and Exchange Commission, the D.C.
Circuit stated as follows: ``[n]o one disputes that competition for
order flow is 'fierce.' . . . As the SEC explained, '[i]n the U.S.
national market system, buyers and sellers of securities, and the
broker-dealers that act as their order-routing agents, have a wide
range of choices of where to route orders for execution'; [and] `no
exchange can afford to take its market share percentages for granted'
because `no exchange possesses a monopoly, regulatory or otherwise, in
the execution of order flow from broker dealers'. . . .''.\10\
Accordingly, the Exchange does not believe its proposed fee change
imposes any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.
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    \8\ See supra note 3.
    \9\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005).
    \10\ NetCoaliton v. SEC, 615 F.3d 525, 539 (D.C. Cir. 2010)
(quoting Securities Exchange Act Release No. 59039 (December 2,
2008), 73 FR 74770, 74782-83 (December 9, 2008) (SR-NYSEArca-2006-
21)) .
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

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

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \11\ of the Act and subparagraph (f)(2) of Rule
19b-4 \12\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \13\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \13\ 15 U.S.C. 78s(b)(2)(B).
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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
exception occurred on : 2020-04906.htm
exception occurred on : 2020-04906.htm
     Send an email to rule[email protected]. Please include
File No. SR-CboeEDGX-2020-011 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-CboeEDGX-2020-011. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File No. SR-CboeEDGX-2020-011, and should be submitted
on or before April 1, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30b-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-04906 Filed 3-10-20; 8:45 am]
 BILLING CODE 8011-01-P