[ Federal Register: July 7, 2004 ( Volume 69, Number 129)] [ Rules and Regulations] [ Page 40787 40791] From the Federal Register Online via GPO Access [ wais. access. gpo. gov] [ DOCID: fr07jy04 11]

ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 710 [ OPPT 2003 0075; FRL 7332 3] RIN 2070 AC61 TSCA Inventory Update Rule Corrections AGENCY: Environmental Protection Agency ( EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final action to make several minor corrections to the Inventory Update Rule ( IUR) reporting regulations. First, EPA is relocating the non isolated intermediate definition to properly place it in the section of the regulation associated with both the IUR and the compilation of the TSCA Inventory. Second, the Agency is correcting the low current interest partial exemption chemical list by removing a chemical that is improperly identified and was mistakenly placed on the list. Third, EPA is correcting the percent production volume associated with the chemical substance's physical form( s) reporting requirement by removing the requirement that the sum of the percent production volumes be no more than 100%. Fourth, EPA is correcting overlapping site ranges in the number of sites code table. Fifth, EPA is correcting a misprint in a paragraph reference. Sixth, EPA is updating the procedure to obtain the reporting documents.

DATES: This direct final rule is effective on September 7, 2004, without further notice, unless EPA receives adverse comment by August 6, 2004. If, however, EPA receives adverse comment, EPA will publish a Federal Register document to withdraw the specific correction( s) for which the adverse comment was made before the effective date of the direct final rule. The remaining corrections will become effective on September 7, 2004.

ADDRESSES: Submit your comments, identified by docket identification ( ID) number OPPT 2003 0075, by one of the following methods: Federal eRulemaking Portal: http:// www. regulations. gov/.

Follow the on line instructions for submitting comments. Agency Website: http:// www. epa. gov/ edocket/. EDOCKET,

EPA's electronic public docket and comment system, is EPA's preferred method for receiving comments. Follow the on line instructions for submitting comments. E mail: oppt. ncic@ epa. gov. Mail: Document Control Office ( 7407M), Office of Pollution Prevention and Toxics ( OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460 0001. Hand Delivery: OPPT Document Control Office ( DCO), EPA East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. Attention: Docket ID number OPPT 2003 0075. The DCO is open from 8 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The telephone number for the DCO is ( 202) 564 8930. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to docket ID number OPPT 2003 0075. EPA's policy is that all comments received will be included in the public docket without change and may be made available on line at http:// www. epa. gov/ edocket/, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through EDOCKET, regulations. gov, or e mail. The EPA EDOCKET and the regulations. gov websites are `` anonymous access'' systems, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e mail comment directly to EPA without going through EDOCKET or regulations. gov, your e mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket, visit EDOCKET on line or see the Federal Register of May 31, 2002 ( 67 FR 38102) ( FRL 7181 7). Docket: All documents in the docket are listed in the EDOCKET index at http:// www. epa. gov/ edocket/. Although listed in the index, some information is not publicly available, i. e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in EDOCKET or in hard copy at the OPPT Docket, EPA Docket Center, EPA West, Rm. B102, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The EPA Docket Center Reading Room telephone number is ( 202) 566 1744, and the telephone number for the OPPT Docket, which is located in the EPA Docket Center, is ( 202) 566 0280.

FOR FURTHER INFORMATION CONTACT: For general information contact: Colby Lintner, Regulatory Coordinator, Environmental Assistance Division ( 7408M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460 0001; telephone number: ( 202) 554 1404; e mail address: TSCA Hotline@ epa. gov. For technical information contact: Susan Sharkey, Project Manager, Economics, Exposure and Technology Division ( 7406M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania [[ Page 40788]]

Ave., NW., Washington, DC 20460; telephone number: ( 202) 564 8789; email address: sharkey. susan@ epa. gov.

SUPPLEMENTARY INFORMATION:

I. General Information A. Does this Action Apply to Me? You may be affected by this action if you manufacture ( defined by statute at 15 U. S. C. 2602( 7) to include import) chemical substances, including inorganic chemical substances, subject to reporting under the Inventory Update Rule ( IUR) at 40 CFR part 710. Any use of the term `` manufacture'' in this document will encompass import, unless otherwise stated. In the past, persons that only are processors of chemical substances have not been required to comply with the requirements of 40 CFR part 710. These amendments do not change the status of processors under the regulations at 40 CFR part 710. Potentially affected entities may include, but are not limited to: Chemical manufacturers and importers subject to IUR reporting, including chemical manufacturers and importers of inorganic chemical substances ( NAICS codes 325, 32411). This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System ( NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. To determine whether you or your business may be affected by this action, you should carefully examine the applicability provisions at 40 CFR 710.48. If you have any questions regarding the applicability of this action to a particular entity, consult the technical contact person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Access Electronic Copies of this Document and Other Related Information?

In addition to using EDOCKET ( http:// www. epa. gov/ edocket/), you may access this Federal Register document electronically through the EPA Internet under the `` Federal Register'' listings at http:// www. epa. gov/ fedrgstr/ . A frequently updated electronic version of 40 CFR part 710 is available at E CFR Beta Site Two at http:// www. gpoaccess5. gov/ ecfr/.

C. What Should I Consider as I Prepare My Comments for EPA?

1. Submitting CBI. Do not submit this information to EPA through EDOCKET, regulations. gov, or e mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. Tips for preparing your comments. When submitting comments, remember to: i. Identify the rulemaking by docket ID number and other identifying information ( subject heading, Federal Register date, and page number). ii. Follow directions. The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations ( CFR) part or section number. iii. Explain why you agree or disagree; suggest alternatives, and substitute language for your requested changes. iv. Describe any assumptions and provide any technical information and/ or data that you used. v. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. vi. Provide specific examples to illustrate your concerns, and suggest alternatives. vii. Explain your views as clearly as possible, avoiding the use of profanity or personal threats. viii. Make sure to submit your comments by the comment period deadline identified.

II. Background A. What is the Agency's Authority for Taking this Action?

EPA is required under TSCA section 8( b), 15 U. S. C. 2607( b), to compile and keep current an inventory of chemical substances manufactured or processed in the United States. This inventory is known as the TSCA Chemical Substances Inventory ( the TSCA Inventory). In 1977, EPA promulgated a rule ( 42 FR 64572, December 23, 1977) under TSCA section 8( a), 15 U. S. C. 2607( a), to compile an inventory of chemical substances in commerce at that time. In 1986, EPA promulgated the initial Inventory Update Rule ( IUR) reporting regulation under TSCA section 8( a) at 40 CFR part 710 ( 51 FR 21447, June 12, 1986) to facilitate the periodic updating of the TSCA Inventory and to support activities associated with the implementation of TSCA. In 2003, EPA promulgated amendments to the IUR ( 68 FR 848, January 7, 2003) ( FRL 6767 4) ( the 2003 Amendments) to collect manufacturing, processing, and use exposure related information, and to make certain other changes. TSCA section 8( a)( 1) authorizes the EPA Administrator to promulgate rules under which manufacturers and processors of chemical substances and mixtures ( referred to hereinafter as `` chemical substances'') must maintain such records and submit such information as the Administrator may reasonably require. TSCA section 8( a) generally excludes small manufacturers and processors of chemical substances from the reporting requirements established in TSCA section 8( a), although there are some exceptions under TSCA section 8( a)( 3) to this general exclusion. Processors are not currently subject to the regulations at 40 CFR part 710.

B. What is the Inventory Update Rule ( IUR)?

The data reported under the IUR are used to update the information maintained on the TSCA Inventory. EPA uses the TSCA Inventory and data reported under the IUR to support many TSCA related activities and to provide overall support for a number of EPA and other Federal health, safety, and environmental protection activities. The IUR, prior to its amendment in January 2003, required U. S. manufacturers of organic chemicals to report to EPA every 4 years the identity of chemical substances manufactured during the reporting year in quantities of 10,000 pounds or more at any plant site they own or control. Prior to its amendment, the IUR generally excluded several categories of substances from its reporting requirements, i. e., polymers, inorganic substances, microorganisms, and naturally occurring chemical substances. Plant sites were required to report information such as company name, plant site location, plant site Dun and Bradstreet number( s), identity of the reportable chemical substance, and production volume of each reportable chemical substance. Data were reported to EPA under the IUR in 1986, 1990, 1994, 1998, and 2002.

[[ Page 40789]]

Due to extensive 2003 Amendments ( 68 FR 848), U. S. manufacturers of chemicals ( no longer limited to just organic chemicals) are now required to report to EPA every 4 years the identity of chemical substances manufactured during the reporting year in quantities of 25,000 pounds or more at any plant site they own or control. The amended IUR continues to exclude several categories of substances from its reporting requirements, i. e., polymers, microorganisms, and naturally occurring chemical substances. Inorganic chemicals are no longer exempt and certain natural gas substances are now fully exempt. In addition to the information reported prior to the amendments, submitters now also are required to report additional manufacturing exposure related data, including the physical form and maximum concentration of the chemical substance and the number of potentially exposed workers. The 2003 Amendments also established a second reporting threshold for larger volume chemicals of 300,000 pounds or more manufactured during the reporting year at any plant site for reporting of certain processing and use information ( 40 CFR 710.52( c)( 4)). This information includes process or use category, NAICS code, industrial function category, percent production volume, number of use sites, number of potentially exposed workers, and consumer/ commercial information such as use category, use in or on products intended for use by children, and maximum concentration. For the submission period occurring in 2006, inorganic chemicals, regardless of production volume, are partially exempt ( i. e., submitters do not report processing and use information for inorganic chemicals). After the 2006 cycle, the partial exemption for inorganic chemicals is no longer applicable and submitters are required to fully report information on inorganic chemical substances. In addition, specifically listed petroleum process streams and other specifically listed chemical substances are partially exempt, and manufacturers of such substances are not required to report processing and use information.

C. What Action is the Agency Taking?

Through this action, EPA is making the following minor corrections to the IUR. 1. Definition non isolated intermediate. EPA is moving the definition for `` non isolated intermediate'' from 40 CFR 710.43 to 40 CFR 710.3. Prior to the 2003 Amendments, definitions for both the IUR and the compilation of the TSCA Inventory were included in one definition section within 40 CFR part 710. The 2003 Amendments, however, created two separate definition sections within 40 CFR part 710; one for terms that apply solely to the IUR regulations ( see 40 CFR 710.43), and the other for terms that may be used in both the regulations associated with the compilation of the TSCA Inventory, and in the IUR regulations ( see 40 CFR 710.3). In the 2003 Amendments, EPA included the definition for `` non isolated intermediate'' in 40 CFR 710.43. This was erroneous because the term is used in the regulations associated with the compilation of the TSCA Inventory ( see 40 CFR 710.4( d)( 8)). As a result, EPA is moving this definition to 40 CFR 710.3. This relocation is purely administrative, and does not have any substantive effect on the meaning or use of the term `` non isolated intermediate'' within the regulations at 40 CFR part 710. 2. Partial exemption requirements. Section 710.46( b)( 2) contains the requirements for the partial exemption of certain listed chemicals from IUR reporting requirements ( i. e., exemption from the requirements listed in Sec. 710.52( c)( 4)), as well as the list of chemicals covered by this partial exemption. EPA is correcting the list of partially exempt chemicals in Sec. 710.46( b)( 2)( iv), as one of the chemicals on the list was included in error. The initial list of partially exempt substances was derived from three basic sources, as described in the technical support document `` Methodology Used for the Initial Selection of Chemicals for the Inventory Update Rule Amendments ( IURA) ` Low Current Interest' Partial Reporting Exemption'' ( OPPT, USEPA, July 2, 2002, docket ID number OPPT 2002 0054). One of the sources was the OECD HPV SIDS program, from which a group of linear alkyl benzenes ( LABs) was identified to be included in the partial exemption. The SIDS program list of LAB chemicals included CAS number 68648 86 2 ( benzene, C14 16 alkyl derivs.). EPA has since determined that this chemical submitted to the SIDS program by the manufacturing company is not actually a LAB, but is rather a branched alkylbenzene with a different carbon chain length range ( alkyl range) than the name implied. The substance, which is named `` benzene, C4 16 alkyl derivs.,'' rather than `` benzene, C14 16 alkyl derivs.,'' is not one of the chemicals for which EPA had received detailed exposure information nor was this chemical part of the LAB group screened in the OECD HPV SIDS program ( Ref. 1). EPA is correcting Sec. 710.46( b)( 2)( iv) by removing the chemical identified as CAS number 68648 86 2. 3. Percent production volume associated with physical form requirements. Section 710.52( c)( 3)( ix) contains the requirement to report the percentage, rounded off to the closest 10%, of total production volume of the reportable chemical substance that is associated with each physical form reported. The requirement originally stated that `` The sum of the percentages reported must not add up to more than 100%.'' There are instances, however, where due to rounding the percentage may add up to more than 100%. For example, if a chemical substance is produced in three physical forms with the percentages of 48%, 26%, and 26%, rounding would result in the reporting of 50%, 30%, and 30%. Adding the rounded percentages results in a sum of 110%. EPA is correcting this section by removing the requirement for the percentages to not add up to more than 100%. 4. Site ranges correction. Section 710.52( c)( 4)( i)( E) describes the requirements for reporting the number of sites for each combination of industrial processing or use operation, NAICS code, and industrial function category. The number of sites is reported in ranges, and codes are used to report the range. The ranges were originally as follows: less than 10 sites, from 10 to 25, from 25 to 100, from 100 to 250, from 250 to 1,000, from 1,000 to 10,000, and more than 10,000. EPA is adjusting the ranges in order to avoid confusion as to which range must be reported by submitters reporting 25, 100, 250, or 1,000 sites. Thus, the ranges will now be as follows: Less than 10 sites, at least 10 but less than 25, at least 25 but less than 100, at least 100 but less than 250, at least 250 but less than 1,000, at least 1,000 but less than 10,000, and 10,000 or more. 5. Cross reference correction. Section 710.58( d) provides notice that ``[ i] f no claim of confidentiality is indicated on the reporting form . . . , or if confidentiality claim substantiation required under paragraphs ( c) and ( d) of this section is not submitted with the reporting form, EPA may make the information available to the public without further notice to the submitter.'' The reference to paragraph ( d), however, is incorrect, as that paragraph does not contain a confidentiality claim substantiation requirement. Instead, the appropriate cross reference is to paragraphs ( b) and ( c), which both contain the claim substantiation requirement. As a result, EPA is [[ Page 40790]]

correcting Sec. 710.58( d) by changing the cross reference to the substantiation requirements from `` paragraphs ( c) and ( d)'' to `` paragraphs ( b) and ( c).'' This change is purely administrative, makes the relevant regulatory provision internally consistent and correct, and does not have any substantive effect on any other part of the regulations at 40 CFR part 710. 6. Availability of reporting documents correction. Section 710.59( c) provides information describing how to obtain IUR reporting documents, including the reporting form and instructions. EPA is correcting information in this section to reflect EPA's current practice in making this information available. In keeping with current technology and industry practices, EPA now makes the reporting documents available through the internet, at http:// www. epa. gov/ oppt/ iur, and no longer automatically mails the documents to submitters from the previous reporting cycle. Nonetheless, paper copies still will be mailed upon request. III. Direct Final Rule Procedures EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial amendment and anticipates no adverse comment as this action simply makes certain minor corrections to 40 CFR part 710. This final rule will be effective on September 7, 2004, without further notice unless the Agency receives adverse comment by August 6, 2004. If EPA receives adverse comment on one or more distinct amendments, paragraphs, or sections of this rulemaking, the Agency will publish a timely withdrawal in the Federal Register indicating which provisions will become effective and which provisions are being withdrawn due to adverse comment. Any distinct amendment, paragraph, or section of today's rulemaking for which the Agency does not receive adverse comment will become effective on September 7, 2004, notwithstanding any adverse comment on any other distinct amendment, paragraph, or section of today's rule. For any distinct amendment, paragraph, or section of today's rule that is withdrawn due to adverse comment, EPA will publish a notice of proposed rulemaking in a future edition of the Federal Register. The Agency will address the comments on any such distinct amendment, paragraph, or section as part of that proposed rulemaking.

IV. Materials in the Rulemaking Record The public version of the official record for this rulemaking has been established as described in the ADDRESSES unit under docket ID number OPPT 2003 0075. This record includes the documents located in the docket as well as the documents that are referenced in those documents. The following document is specifically referenced in this final rule. The document is also included in the public version of the official record. 1. E mail from John Heinze, Council for LAB/ LAS Environmental Research, to Leslie Scott, EPA, May 19, 2003.

V. Statutory and Executive Order Reviews This direct final rule implements corrections to 40 CFR part 710. Since this direct final rule does not impose any new requirements, it is not subject to review by the Office of Management and Budget ( OMB) under Executive Order 12866, entitled Regulatory Planning and Review ( 58 FR 51735, October 4, 1993). Because this direct final rule is exempt from review under Executive Order 12866 due to its lack of significance, this direct final rule is not subject to Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use ( 66 FR 28355, May 22, 2001). This direct final rule does not contain any information collections subject to OMB approval under the Paperwork Reduction Act ( PRA), 44 U. S. C. 3501 et seq., or impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act of 1995 ( UMRA) ( Public Law 104 4). Nor does it require any special considerations as required by Executive Order 12898, entitled Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations ( 59 FR 7629, February 16, 1994); or OMB review or any other Agency action under Executive Order 13045, entitled Protection of Children from Environmental Health Risks and Safety Risks ( 62 FR 19885, April 23, 1997). This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12( d) of the National Technology Transfer and Advancement Act of 1995 ( NTTAA), Public Law 104 113, section 12( d) ( 15 U. S. C. 272 note). Since this action merely makes minor corrections to 40 CFR part 710, EPA certifies this action will not have significant economic impact on a substantial number of small entities. There will be no adverse impact on small entities resulting from this action. In addition, the Agency has determined that this action will not have a substantial direct effect on States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132, entitled Federalism ( 64 FR 43255, August 10, 1999). Executive Order 13132 requires EPA to develop an accountable process to ensure `` meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.'' `` Policies that have federalism implications'' is defined in the Executive Order to include regulations that have `` substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.'' This action does not alter the relationships or distribution of power and responsibilities established by Congress. The Agency has determined that this rule does not have any `` tribal implications'' as described in Executive Order 13175, entitled Consultation and Coordination with Indian Tribal Governments ( 65 FR 67249, November 6, 2000). Executive Order 13175, requires EPA to develop an accountable process to ensure `` meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.'' This direct final rule will not have substantial direct effects on tribal governments, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified in Executive Order 13175. Thus, Executive Order 13175 does not apply to this rule.

VI. Congressional Review Act The Congressional Review Act, 5 U. S. C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the Agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U. S. Senate, the U. S. House of Representatives and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This rule is not a `` major rule'' as defined by 5 U. S. C. 804( 2).

[[ Page 40791]]

List of Subjects in 40 CFR Part 710 Environmental protection, Chemicals, Hazardous materials, Reporting and recordkeeping requirements.

Dated: June 23, 2004. Susan B. Hazen, Acting Assistant Administrator, Office of Prevention, Pesticides and Toxic Substances.

0 Therefore, 40 CFR chapter I is amended as follows:

PART 710[ AMENDED]

0 1. The authority citation for part 710 continues to read as follows:

Authority: 15 U. S. C. 2607( a).

0 2. Section 710.3 is amended by alphabetically adding the following definition to paragraph ( d) to read as follows: * * * * *

Sec. 710.3 Definitions.

( d) * * * Non isolated intermediate means any intermediate that is not intentionally removed from the equipment in which it is manufactured, including the reaction vessel in which it is manufactured, equipment which is ancillary to the reaction vessel, and any equipment through which the substance passes during a continuous flow process, but not including tanks or other vessels in which the substance is stored after its manufacture. * * * * *

Sec. 710.43 [ Amended]

0 3. Section 710.43 is amended by removing the definition for `` nonisolated intermediate.''

Sec. 710.46 [ Amended]

0 4. Section 710.46 is amended by removing the entire CAS No. entry for `` 68648 86 2'' from the table in paragraph ( b)( 2)( iv). 0 5. Section 710.52 is amended by removing the last sentence in paragraph ( c)( 3)( ix); italicizing the heading `` Specific information for chemical substances manufactured in amounts of 300,000 lbs. or more'' in paragraph ( c)( 4); italicizing the heading `` Industrial processing and use information'' in paragraph ( c)( 4)( i); and revising the table in paragraph ( c)( 4)( i)( E) to read as follows:

Sec. 710.52 Reporting information to EPA.

* * * * * ( c) * * * ( 4) * * * ( i) * * * ( E) * * *

Codes for Reporting Numbers of Sites  Codes Range  S1........................................ less than 10 sites S2........................................ at least 10 but less than 25 sites S3........................................ at least 25 but less than 100 sites S4........................................ at least 100 but less than 250 sites S5........................................ at least 250 but less than 1,000 sites S6........................................ at least 1,000 but less than 10,000 sites S7........................................ 10,000 or more sites

* * * * *

Sec. 710.58 [ Amended] 0 6. Section 710.58 is amended by italizing the headings for paragraphs ( b) and ( c) and changing the phrase `` paragraphs ( c) and ( d)'' to `` paragraphs ( b) and ( c)'' in paragraph ( d). 0 7. Section 710.59 is amended by revising the introductory text of paragraph ( c) to read as follows:

Sec. 710.59 Availability of reporting form and instructions.

* * * * * ( c) Obtain the reporting documents. EPA will send a letter with instructions describing how to obtain the reporting documents, including the reporting form and reporting instructions, to those submitters that reported in the IUR submission period that occurred immediately prior to the current submission period. EPA now makes the reporting documents available through the Internet, at http:// www. epa. gov/ oppt/ i ur. Failure to receive such a letter does not obviate or otherwise affect the requirement to submit a timely report. If you did not receive such a letter, but are required to report, you may obtain a copy of the form and other reporting documents from EPA by submitting a request for this information as follows: * * * * *

[ FR Doc. 04 15353 Filed 7 6 04; 8: 45 am]

BILLING CODE 6560 50 S


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION III

1650 Arch Street

Philadelphia, Pennsylvania  19103

					Date:  September 28, 2006

Subject:  Technical Support Document (TSD)

	Revision to Maryland SIP

	NOx SIP Call Allocations for 2008

From:     Marilyn Powers, Environmental Engineer /s/

	    Air Quality Planning Branch (3AP21)

To:	    File

Reviewed by:  ___________________________________

		Makeba Morris, Chief

                        Air Quality Planning Branch (3AP21)

I.  INTRODUCTION

On June 21, 2006, the Maryland Department of the Environment (MDE)
submitted a formal revision to its State Implementation Plan (SIP)
revision for its NOx SIP Call 2008 allocations.  The revision consists
of NOx allowance allocations for the 2008 ozone season.

II.   DISCUSSION OF REVISION

1. Background

Maryland(s NOx Reduction and Trading Program under COMAR 26.11.29 and
26.11.30 was approved as meeting the NOx SIP Call (66 FR 1866, January
10, 2001).  These rules set forth NOx reduction requirements beginning
on May 1, 2003 and established allowance allocations for affected
trading sources for ozone seasons 2003 thru 2005.  Thereafter,
Maryland(s approved rule requires that allocations be revised for every
two year period, starting in 2006, and that the allocations be submitted
three years in advance.

2.  Description of Revision

The SIP revision to COMAR <IP_ADDRESS> consists of allocations for the
control period 2008 for each of the affected sources for which
allocations were provided in the initial control period (2003 through
2005).  The allocations for electric generating units (EGUs) were
derived using each source(s average actual heat input from the 2002 and
2003 ozone seasons multiplied by an emission rate of 0.15 pounds
NOx/MMBTU,  adjusted as a percentage of the total budget. The
allocations for non-electric generating units (non-EGUs)+ are unchanged
from the initial control period.  For most sources the 2008 allocations
do not differ significantly from the initial 3-year allocations.

EPA analysis

Although Maryland is required to establish 2008 and 2009 allocations,
the State has established only the 2008 allocations in this SIP revision
because the state will be required to meet the Clean Air Interstate Rule
(CAIR) starting in 2009.  This will insure that its NOx Reduction and
Trading program does not conflict with CAIR requirements.  EPA has, in
its Notice of Data Availability (71 FR 44283 dated August 4, 2006) for
the Federal Implementation Plan promulgated under CAIR, proposed
allocations for the 2009 control period for sources in all affected CAIR
States, however Maryland has indicated it plans to develop its own CAIR
rule to establish allocations starting in 2009.

The model trading program under CAIR applies to EGUs that are larger
than 25 MW, and will include most of the units that are currently
subject to COMAR 26.11.29 and 26.11.30.  The NOx SIP Call will still
apply to the non-EGUs that are included in the State’s trading program
as well as the large stationary internal combustion engines and large
Portland cement kilns in the State.  Before implementation of CAIR, the
State must revise its NOx Trading Program rule at COMAR 26.11.29 and
26.11.30 to reflect the programmatic changes that are associated with
CAIR (i.e. that EPA will no longer administer a NOx SIP Call trading
program).  The State must also revise the rule as necessary to insure
that its NOx SIP Call 2007 State budget is maintained.

The total amount of 2008 allocations established for the sources in
Maryland that are subject to its NOx Budget Trading Program are
consistent with the State’s budget under the NOx SIP Call.  This SIP
revision satisfies the requirement for the State to update its NOx
trading program allocations.

III.  CONCLUSION

Based on the above analysis, EPA has determined that the revisions to
COMAR <IP_ADDRESS>, submitted on June 21, 2006 is approvable as a
revision to the Maryland SIP.

 IV.  RECOMMENDATION

It is recommended that EPA approve Maryland(s revised regulation .09
under COMAR 26.11.30 (Policies and Procedures Relating to Maryland(s NOx
Reduction and Trading Program( into the Maryland SIP.

 PAGE   1


[Federal Register: February 14, 2006 (Volume 71, Number 30)]
[Notices]
[Page 7753]
[DOCID:fr14fe06-41]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-203-000]

Colorado Interstate Gas Company; Notice of Proposed Changes in
FERC Gas Tariff

February 6, 2006.
    Take notice that on February 1, 2006, Colorado Interstate Gas
Company (CIG) tendered for filing as part of its FERC Gas Tariff, First
Revised Volume No. 1, the following tariff sheets to become effective
March 1, 2006:

Tenth Revised Sheet No. 383
Seventh Revised Sheet No. 406A
Seventh Revised Sheet No. 412A
Seventh Revised Sheet No. 419
Seventh Revised Sheet No. 427

    CIG states that the tariff sheets update the Form of Service
Agreements for Rate Schedules TF-1, NNT-1, NNT-2, TF-4 and FS-1,
clarifying that a specific date or triggering event may be used as the
contract begin date.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Sec.  154.210 of the Commission's regulations (18 CFR 154.210). Anyone
filing an intervention or protest must serve a copy of that document on
the Applicant. Anyone filing an intervention or protest on or before
the intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

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

``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 e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-2031 Filed 2-13-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 42 (Monday, March 4, 2013)]
[Rules and Regulations]
[Pages 14007-14009]
[FR Doc No: 2013-04854]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2012-1292; Special Conditions No. 25-485-SC]

Special Conditions: Embraer S.A., Model EMB-550 Airplanes;
Electrical/Electronic Equipment Bay Fire Detection and Smoke
Penetration

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions.

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SUMMARY: These special conditions are issued for the Embraer S.A. Model
EMB-550 airplane. This airplane will have novel or unusual design
features, specifically distributed electrical and electronic equipment
bays in pressurized areas of the airplane. Older transport category
airplane electrical/electronic equipment bay installations are located
in the lower lobe where the flight crew could determine the origin of
smoke or fire by a straightforward airplane flight manual procedure. In
distributed electrical/electronic bay installations it is not as
straightforward. The FAA has no requirement for smoke and/or fire
detection in the electrical/electronic equipment bays. To ensure
effective mitigation of fires, the FAA proposes these special
conditions. The applicable airworthiness regulations do not contain
adequate or appropriate safety standards for this design feature. These
special conditions contain the additional safety standards that the
Administrator considers necessary to establish a level of safety
equivalent to that established by the existing airworthiness standards.

DATES: Effective April 3, 2013.

FOR FURTHER INFORMATION CONTACT: Robert C. Jones, FAA, Propulsion and
Mechanical Systems Branch, ANM-112, Transport Airplane Directorate,
Aircraft Certification Service, 1601 Lind Avenue SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; facsimile<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

    On May 14, 2009, Embraer S.A. applied for a type certificate for
their new Model EMB-550 airplane. The Model EMB-550 airplane is the
first of a new family of jet airplanes designed for corporate flight,
fractional, charter, and private owner operations. The airplane has a
conventional configuration with a low wing and T-tail empennage. The
primary structure is metal with composite empennage and control
surfaces. The Model EMB-550 airplane is designed for 8 passengers, with
a maximum of 12 passengers. It is equipped with two Honeywell HTF7500-E
medium bypass ratio turbofan engines mounted on aft fuselage pylons.
Each engine produces approximately 6,540 pounds of thrust for normal
takeoff. The primary flight controls consist of hydraulically powered
fly-by-wire elevators, aileron and rudder, controlled by the pilot or
copilot sidestick.
    The Model EMB-550 airplane has electrical/electronic equipment bays
distributed throughout the airplane; three of them are in the
pressurized area. The current airworthiness requirements do not contain
adequate or appropriate safety standards regarding smoke/fire detection
and protection against penetration of hazardous quantities of smoke
from equipment bays into occupied areas of the airplane for this type
of airplane configuration.

Type Certification Basis

    Under the provisions of Title 14, Code of Federal Regulations (14
CFR) 21.17, Embraer S.A. must show that the Model EMB-550 airplane
meets the applicable provisions of part 25, as amended by Amendments
25-1 through 25-127 thereto.
    If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Model EMB-550 airplane because of
a novel or unusual design feature, special conditions are prescribed
under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same or similar
novel or unusual design feature, the special conditions would also
apply to the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special
conditions, the Model EMB-550 airplane must comply with the fuel vent
and exhaust emission requirements of 14 CFR part 34 and the noise
certification requirements of 14 CFR part 36 and the FAA must issue a
finding of regulatory adequacy under section 611 of Public Law 92-574,
the ``Noise Control Act of 1972.''
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type-
certification basis under Sec.  21.17(a)(2).

Novel or Unusual Design Features

    The Model EMB-550 airplane will incorporate the following novel or
unusual design features: Distributed electrical and electronic
equipment bays that were not envisioned at the time this rule was made.

Discussion

    In general, smoke and fire detection systems are designed to:
     Automatically shut off power to the affected equipment,
     If necessary, reconfigure the environmental control
systems to control any smoke resulting from a fire or overheat
condition, and
     Alert the flight crew to the existence of the fire.
    Most airplanes certified under part 25 have one or two electrical
equipment bays located in the lower lobe, adjacent to pressure
regulator/outflow valves or vents. If a fire occurs in an electrical
equipment bay, any smoke is drawn toward the outflow valves or vents
and is discharged from the airplane without entering occupied areas. In
the event of a smoke or fire in one of the electrical equipment bays,
the procedures to isolate the bay on some airplanes requires the flight
crew to use trial and error to determine whether or not the source is
in a particular electrical equipment bay. However, with this approach,
the flight crew does not know where the fire or smoke is because it is
difficult to identify the source, especially during changes of phases
of flight (e.g., climbing or descending) or system transients (e.g.,
changes in the airflow from the environmental control system).
    This trial-and-error approach may be acceptable for aircraft with
no more

than two electrical equipment bays, both located in the lower lobe. In
this case, a fire in an electrical equipment bay is in either one bay
or the other. However, for an aircraft with three or more electrical
equipment bays, in the time it takes to determine the source of smoke,
the fire could spread, generating even more smoke and damage.
    In the Model EMB-550 airplane, electrical equipment bays are
distributed throughout the airplane in the pressurized compartment.
Section 25.857 requires that cargo compartments have means to prevent
hazardous quantities of smoke or fire extinguishing agent from
penetrating into occupied areas of the airplane. However, the
applicable airworthiness regulations do not address the following:
     Preventing hazardous quantities of smoke or extinguishing
agent originating from the electrical equipment bays from penetrating
into occupied areas of the airplane; or
     Installing smoke or fire detectors in electrical equipment
bays.
    The FAA determined that the Model EMB-550 needs a means to detect
smoke or fire in each electrical equipment bay that is located in the
pressurized cabin. This means must indicate in which bay the smoke or
fire occurs, and ensure that the flight crew can depower it. For
situations in which it may be impossible for the flight crew to shut
down all the equipment in the bay due to the use of critical or
essential equipment located in it, Embraer S.A. shall conduct an
analysis to:
     Specify the criteria for shutting down specific electrical
equipment in the electrical equipment bay that can be shut down,
     Demonstrate that remaining electrical equipment is
protected against fire propagation, such as thermal protection, fire
containment, and other systems as addressed in Advisory Circular 25-16,
Electrical Fault and Fire Prevention and Protection, dated April 5,
1991.
    The criteria developed for aircraft designs that incorporate
distributed electrical/electronic equipment bays are based upon
existing smoke/fire detection and smoke penetration guidance and
acceptable past practices. Sections 25.831(b), 25.831(c), 25.831(d),
and 25.869(a) provide the general requirements that apply to
electrical/electronic equipment smoke penetration and evacuation.
Flight tests are conducted to demonstrate compliance; however, the
amount of smoke generated and flight test conditions have been highly
variable.
    The special conditions below require that there must be a means to
detect smoke or fire in each electrical/electronic equipment bay
located in the pressurized compartment. They also include requirements
to prevent propagation of hazardous quantities of smoke or fire
extinguishing agent throughout the passenger cabin.

Discussion of Comments

    Notice of proposed special conditions No. 25-12-17-SC for the
Embraer S.A. Model EMB-550 airplanes was published in the Federal
Register on December 19, 2012 (77 FR 75071). No comments were received,
and the special conditions are adopted as proposed.

Applicability

    As discussed above, these special conditions are applicable to the
Model EMB-550 airplane. Should Embraer S.A. apply at a later date for a
change to the type certificate to include another model incorporating
the same novel or unusual design feature, the special conditions would
apply to that model as well.

Conclusion

    This action affects only certain novel or unusual design features
on one model of airplanes. It is not a rule of general applicability.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

    The authority citation for these special conditions is as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

    Accordingly, the Federal Aviation Administration (FAA) proposes the
following special conditions as part of the type certification basis
for Embraer S.A. Model EMB-550 airplanes.
    1. Requirements to prevent propagation of smoke that originates in
electrical equipment bays from entering the passenger cabin and flight
deck:
    a. To prevent such propagation, means to prevent hazardous
quantities of smoke originating from the electrical equipment bays from
incapacitating passengers and crew must be demonstrated. The
demonstrations must include flight tests, and shall be conducted for
all dispatchable system configurations.
    b. A small quantity of smoke may enter an occupied area only under
the following conditions:
    i. The smoke enters occupied areas during system transients from
below the deck or main deck sources. No sustained smoke penetration
beyond that from environmental control system transients is permitted,
    ii. Penetration of the small quantity of smoke is a dynamic event,
involving either dissipation or mobility. Dissipation is rapid dilution
of the smoke by ventilation air. Mobility is rapid movement of the
smoke into and out of the occupied area. In no case should a light haze
indicative of stagnant airflow form, as this indicates that the
ventilation system is failing to meet the requirements of 14 CFR
25.831,
    iii. The smoke from a source below the main deck must not rise
above armrest height on the main deck, and
    iv. The smoke from a source in the main deck must dissipate rapidly
via dilution with fresh air and be evacuated from the airplane. The
Airplane Flight Manual (AFM) must include procedures to evacuate smoke
from the occupied areas. To demonstrate that the quantity of smoke is
small, a flight test must be conducted which simulates the emergency
procedures used in the event of a fire during flight, including the use
of VMO/MMO descent profiles and a simulated
landing, if such conditions are specified in the emergency procedure.
    2. Requirement for smoke or fire detection in electrical/electronic
equipment bays: A smoke or fire detection system compliant with
Sec. Sec.  25.855(a), (b), (c), and (d); and Sec.  25.858 must be
provided for each electrical/electronic equipment bay in the
pressurized cabin. Each system must provide a visual indication to the
flight deck within one minute after the start of a fire. Airplane
flight tests must be conducted to show compliance with these
requirements, and the performance of the detectors must be shown in
accordance with Advisory Circular 25-9A, Smoke Detection, Penetration,
and Evacuation Tests and Related Flight Manual Emergency Procedures, or
other means acceptable to the FAA.
    3. Requirement for AFM procedures safety analysis: It shall be
demonstrated that the AFM procedures to shut down electrical/electronic
equipment bays, or part of them, in case of smoke/fire detection, do
not compromise the safe operation of the aircraft. If a procedure
requests to shut down only part of the equipment, the remaining
equipment shall be incorporated with safety precautions against fire
propagation.

    Issued in Renton, Washington, on February 26, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-04854 Filed 3-1-13; 8:45 am]
BILLING CODE 4910-13-P