[Federal Register Volume 85, Number 57 (Tuesday, March 24, 2020)]
[Proposed Rules]
[Pages 16599-16604]
[FR Doc No: 2020-05911]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2020-0108: FRL-10006-82-Region 10]

Air Plan Approval; Washington; Northwest Clean Air Agency

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Washington State Implementation Plan (SIP)
that were submitted by the Washington Department of Ecology (Ecology)
in coordination with the Northwest Clean Air Agency (NWCAA). This
proposed revision would update certain NWCAA regulations currently in
the SIP, remove obsolete regulations, and approve a subset of updated
Ecology regulations to apply in NWCAA's jurisdiction.

DATES: Written comments must be received on or before April 23, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2020-0108 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Jeff Hunt, EPA Region 10, 1200 Sixth
Avenue--Suite 155, Seattle, WA 98101, at<PHONE_NUMBER>, or
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, it is intended to refer to the EPA. This
supplementary information section is arranged as follows:

Table of Contents

I. Background for Proposed Action
II. Changes to the NWCAA Regulations
    A. General Provisions
    B. Definitions
    C. Control Procedures
    D. Standards
III. Application of WAC 173-400-020
IV. The EPA's Proposed Action
    A. Regulations To Approve and Incorporate by Reference Into the
SIP
    B. Approved but Not Incorporated by Reference Regulations
    C. Regulations To Remove From the SIP
    D. Scope of Proposed Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Background for Proposed Action

    On January 27, 2014, Ecology submitted revisions to update the
general air quality regulations contained in Chapter 173-400 Washington
Administrative Code (WAC), which the EPA approved in three phases on
October 3, 2014 (79 FR 59653), November 7, 2014 (79 FR 66291), and
April 29, 2015 (80 FR 23721).\1\ Under the revised applicability
provisions of WAC 173-400-020 approved into the SIP on October 3, 2014,
the regulations contained in Chapter 173-400 WAC apply statewide, ``. .
. except for specific subsections where a local authority has adopted
and implemented corresponding local rules that apply only to sources
subject to local jurisdiction as provided under Revised Code of
Washington (RCW) 70.94.141 and 70.94.331.'' \2\ Therefore, the EPA's
approval of Ecology's January 2014 submittal applied only to geographic
areas and source categories under Ecology's direct jurisdiction. We
stated that we would address the revised Chapter 173-400 WAC
regulations as they apply to local clean air agency jurisdictions on a
case-by-case basis in separate, future actions.
---------------------------------------------------------------------------

    \1\ In subsequent actions on September 29, 2016 (81 FR 66823)
and October 6, 2016 (81 FR 69385) we made minor corrections to our
previous approval of Chapter 173-400 WAC and approved revised WAC
provisions that incorporated by reference the most recent changes to
the Federal regulations. Additionally, on December 4, 2019 (84 FR
66363) we proposed to approve additional changes to Chapter 173-400
WAC state effective September 16, 2018 and November 25, 2018, which
we are in the processes of finalizing.
    \2\ For a more detailed discussion see page 39352 of the EPA's
proposed approval of WAC 173-400-020 (79 FR 39351, July 10, 2014).
---------------------------------------------------------------------------

    On February 6, 2020, the Director of Ecology, as the Governor's
designee for SIP revisions, submitted a request to update the air
quality regulations in the SIP as they apply to NWCAA's jurisdiction in
40 CFR part 52.2470(c),

Table 5--Additional Regulations Approved for the Northwest Clean Air
Agency (NWCAA) Jurisdiction. NWCAA's jurisdiction consists of Island,
Skagit and Whatcom counties, excluding certain facilities discussed in
section IV.D. Scope of Proposed Action. NWCAA's jurisdiction also
excludes Indian reservation land or any other area where the EPA or an
Indian tribe has demonstrated that a tribe has jurisdiction.
    Appendices A and A.1 of the February 6, 2020, SIP revision show how
the submitted regulatory updates would apply to NWCAA's jurisdiction.
These revisions can be summarized in two categories. The first category
consists of updates to the NWCAA regulations currently in the SIP or
adopted since the last SIP approval. These updated provisions can apply
in lieu of, or serve as a supplement to, the statewide Chapter 173-400
WAC provisions, as shown in Table 1. The second category consists of
Chapter 173-400 WAC provisions or subsections that do not have direct
corollaries under the NWCAA regulations. In these cases, Ecology and
NWCAA requested that the EPA revise the SIP to include the most
recently approved updates to Chapter 173-400 WAC to apply in NWCAA's
jurisdiction, as shown in Table 2. The EPA's proposed approval of the
Chapter 173-400 WAC provisions for NWCAA's jurisdiction would be
subject to the same exceptions that apply to Ecology's direct
jurisdiction. For example, as part of the January 2014 submittal of
Chapter 173-400 WAC, Ecology did not submit for approval those
provisions related to the regulation of toxic air pollutants or odor
because such provisions are outside the scope of SIPs under Clean Air
Act (CAA) section 110.

II. Changes to the NWCAA Regulations

    The EPA last approved updates to the NWCAA regulations on February
22, 1995 (60 FR 9778) and October 24, 1995 (60 FR 54439). In this
proposed action, NWCAA and Ecology requested updating parts of the SIP
with the revised NWCAA regulations described below.

A. General Provisions

    The NWCAA general provisions approved into the SIP are contained in
sections 100 through 180. Many of the changes to the NWCAA general
provisions since the EPA's last approval are minor in nature, including
incorporating the name change from the ``Northwest Air Pollution
Authority'' to the ``Northwest Clean Air Agency.'' Other changes
include removing outdated provisions, consolidating sections, or
revisions to more closely mirror the WAC. A full redline/strikeout
comparison of the 1995-approved NWCAA general provisions to the most
recent set of revisions submitted for approval is included in the
docket for this action and will not be described in detail here. We
note that NWCAA did not submit all sections of the general provisions.
For example, NWCAA did not submit replacements for sections 121 Orders,
150 Pollutant Disclosure--Reporting by Air Contaminant Sources, and 180
Sampling and Analytical Methods/References (replaced by section 367,
not submitted as part of this SIP revision). NWCAA also did not submit
section 155 State Environmental Policy Act because it is outside the
scope of SIPs under CAA section 110.
    The most significant change with respect to the NWCAA general
provisions is consistent with several recent approvals regarding the
``Regulations Approved but Not Incorporated by Reference'' portion of
the SIP.\3\ The EPA reviews and approves state and local clean air
agency submissions to ensure they provide adequate enforcement
authority and other general authority to implement and enforce the SIP.
However, regulations describing such agency enforcement and other
general authority are generally not incorporated by reference to avoid
potential conflict with the EPA's independent authorities. In our
previous 1995 approvals, we included many of NWCAA's enforcement and
other general authority provisions in 40 CFR 52.2470(c), the
regulations incorporated by reference. We are proposing to revise the
SIP and approve the most recent updates to these sections for inclusion
in 40 CFR 52.2470(e), Table 1--Approved but Not Incorporated by
Reference Regulations. The NWCAA general provisions proposed for
approval, but not incorporation by reference are listed below in
section IV.B Approved but Not Incorporated by Reference Regulations. We
note that sections 100 Name of Agency, 101 Short Title, and 102 Policy,
remain in 40 CFR 52.2470(c), the regulations incorporated by reference,
and we propose to approve the most recent updates to these sections, as
shown in Table 1.
---------------------------------------------------------------------------

    \3\ See Benton Clean Air Agency (80 FR 71695, November 17,
2015), Energy Facility Site Evaluation Council (82 FR 24533, May 30,
2017), and Southwest Clean Air Agency (82 FR 17139, April 10, 2017).
---------------------------------------------------------------------------

B. Definitions

    Since the EPA's last approval in 1995, NWCAA revised section 200
Definitions to more closely align with the WAC. For example,
definitions related to outdoor burning were moved to the standalone
outdoor burning regulations in section 502 similar to the structure of
WAC 173-425-030. Other NWCAA definitions were revised to more closely
parallel WAC 173-400-030, the definition section for the state general
air quality regulations (79 FR 59653, October 3, 2014). Other
definitions, previously approved into the SIP under section 580
Volatile Organic Compound Control, were consolidated into the general
definition section with minor wording revisions. A redline/strikeout
comparison of the NWCAA definitions to the SIP-approved WAC
definitions, or the prior 1995 SIP-approved NWCAA definition if there
is not a WAC definition, is included in the docket for this action and
will not be described in detail here. We note that consistent with our
approval of Chapter 173-400 WAC, NWCAA did not submit definitions
related to toxic air pollutants or odors, because they are outside the
scope of SIPs under CAA section 110. We also note that NWCAA and
Ecology requested that section 200 generally replace WAC 173-400-030
for sources subject to NWCAA's jurisdiction. However, if a definition
does not appear in section 200 the WAC 173-400-030 definition shall
apply. This applies mainly to definitions related to nonattainment new
source review, visibility permitting, and the Prevention of Significant
Deterioration Program described in the next section, because NWCAA
relies primarily on the WAC for those provisions.

C. Control Procedures

    NWCAA and Ecology submitted sections 300 New Source Review, 305
Public Involvement, 320 Registration Program, and 321 Exemptions from
Registration for approval into the SIP, with certain exceptions
described below. These sections consolidate and replace the 1995 SIP-
approved sections 300, 301 (consolidated into 300), 302 (consolidated
into 300), 303, 310 (replaced by 320), 320, 321 (replaced by 320), 322
(renumbered to 321), and 323 (replaced by 320). The revised versions
more closely align the NWCAA new source review program and registration
program with the WAC. A crosswalk comparing NWCAA sections to the SIP-
approved WAC corollaries is included in the docket for this action.
    Generally, the NWCAA new source review program in section 300
replaces the following WAC provisions: 173-400-036 Relocation of
Portable Sources, 173-400-110 New Source Review (NSR) for Sources and
Portable Sources, 173-400-111 Processing Notice of

Construction Applications for Sources, Stationary Sources and Portable
Sources, 173-400-113 New Sources in Attainment or Unclassifiable
Areas--Review for Compliance with Regulations, and 173-400-560 General
Order of Approval for facilities subject to NWCAA's permitting
jurisdiction. As discussed in more detail in section IV.D Scope of
Proposed Action, Ecology and the Energy Facility Site Evaluation
Council (EFSEC) have direct permitting authority for certain source
categories, including the Prevention of Significant Deterioration (PSD)
new source review permitting program for major stationary sources in
attainment and unclassifiable areas. In these cases, the WAC would
continue to apply to permits issued under Ecology or EFSEC's direct
authority. NWCAA retains citations to the PSD program, implemented
under WAC 173-400-700 through 173-400-750, for purposes such as working
on permit coordination with Ecology, enforcing existing PSD permit
conditions not yet incorporated into Title V permits, and determining
violations for inspected facilities that failed to obtain the necessary
PSD permits. However, NWCAA is not requesting, and the EPA is not
proposing to approve, the authority to issue PSD permits under WAC 173-
400-700 through 173-400-750 for NWCAA's direct permitting jurisdiction.
    With respect to stationary sources in nonattainment areas, NWCAA
does not currently have, and has never had, a designated nonattainment
area. For this reason, NWCAA has not developed independent local agency
nonattainment new source review (NNSR) rules. In the event that a
nonattainment area is designated in the future, NWCAA retains the
following WAC provisions for implementation of NNSR, and the
accompanying visibility permitting requirements for major stationary
sources: WAC 173-400-112 Requirements for New Sources in Nonattainment
Areas--Review for Compliance with Regulations, WAC 173-400-117 Special
Protection Requirements for Federal Class I Areas, 173-400-131 Issuance
of Emission Reduction Credits, 173-400-136 Use of Emission Reduction
Credits (ERC), as well as the major stationary source NNSR provisions
contained in WAC 173-400-800 through 173-400-860.\4\ Although most of
the NNSR requirements are self-contained in WAC provisions cited above,
certain subsections of WAC 173-400-111 and 173-400-113, noted in Table
2, relate to nonattainment areas and are also retained to apply to
NWCAA's permitting jurisdiction, but only for purposes of implementing
NNSR, as needed.
---------------------------------------------------------------------------

    \4\ The EPA approved WAC 173-400-800 through 173-400-860 for
Ecology's direct permitting jurisdiction on November 7, 2014 (79 FR
59653), with minor revisions to reflect updated Federal citations on
October 6, 2016 (81 FR 69385). In connection with our November 7,
2014 approval, we reviewed WAC 173-400-800 through 173-400-860
pursuant to the Federal regulatory requirements in existence at that
time, and discussed the fact that the EPA's 2008 PM2.5
New Source Review Rule (73 FR 28321, May 16, 2008), had been
remanded to the EPA by the U.S. Court of Appeals for the District of
Columbia Circuit. See 79 FR 43345, 43347 (July 25, 2014) (proposed
action); 79 FR 59653 (final action). EPA's 2008 PM2.5 New
Source Review Rule has since been replaced by a revised
implementation rule published August 24, 2016, which imposed
additional NNSR requirements for PM2.5 nonattainment
areas (81 FR 58010). Because there are currently no nonattainment
areas within NWCAA's jurisdiction or Washington State for any
criteria pollutant, including PM2.5, the EPA did not
review WAC 173-400-800 through 173-400-860 for consistency with the
newly revised PM2.5 implementation rule; nor does Ecology
or NWCAA have an obligation to submit rule revisions to address the
2016 PM2.5 implementation rule at this time. However, we
note that the Federal major stationary source NNSR requirements
remain unchanged for all other criteria pollutants since our review
and approval of WAC 173-400-800 through 173-400-860.
---------------------------------------------------------------------------

    The crosswalk included in the docket also contains a comparison of
section 305 Public Involvement to the WAC provisions it replaces for
actions taken by NWCAA: WAC 173-400-171 Public Notice and Opportunity
for Public Comment and WAC 173-400-175 Public Information. Although
organized differently, the requirements of section 305 are
substantively the same as the SIP-approved WAC provisions. This
includes NWCAA's incorporation of the e-notice and e-access provisions
promulgated by the EPA on October 18, 2016 (81 FR 71613).
    The docket also contains a review of NWCAA's revised registration
program. Since the last SIP approval, NWCAA changed the registration
program from an exemption-based approach to a source category approach
similar to WAC 173-400-100. We note that Ecology chose to remove WAC
173-400-100 from the SIP, because it did not impose air pollution
control requirements on sources or implement or enforce Federal
standards. See the discussion in our proposal, 79 FR 39351, at page
39354 (July 10, 2014). However, NWCAA is retaining the registration
program in the SIP because it implements certain requirements such as
emissions reporting.
    Section 303 Work Done Without an Approval replaces the section 303
Notice of Completion--Notice of Violation previously approved into the
SIP. This provision is an enforcement mechanism to address facilities
that construct a new source or modify an existing source without a
final order of approval from NWCAA. Because section 303 is an
enforcement authority, NWCAA and Ecology requested that this provision
be moved to the approved, but not incorporated by reference section of
the SIP. The EPA is proposing to approve this request.
    The EPA is also proposing to approve and incorporate by reference
sections 300, 305, 320, and 321, with certain exceptions. As described
in the supporting documents for this proposed action, NWCAA and Ecology
did not submit subsections 300.8(C), 300.25, 320.3, and 321.3 because
they are either not required SIP elements or not appropriate for SIP
approval. We also note, NWCAA and Ecology did not submit, and the EPA
is not proposing to approve, any provisions related to the regulation
of Toxic Air Pollutants consistent with our action on Chapter 173-400
WAC. See the discussion in our proposed approval, 79 FR 39351, 39356
(July 10, 2014).

D. Standards

    Sections 400 through 424 of the current NWCAA SIP are outdated
ambient air quality standards, adopted in 1993. NWCAA and Ecology
requested removal of these outdated standards to rely on the statewide
Chapter 173-476 WAC Ambient Air Quality Standards already applicable in
NWCAA's jurisdiction. We most recently updated Chapter 173-476 WAC in
the SIP on October 6, 2016 (81 FR 69386). A review of the outdated and
subsequently repealed NWCAA standards, the changes to the Federal
standards, and the incorporation of all current Federal standards into
Chapter 173-476 WAC is included in the docket for this action. The EPA
is proposing to approve NWCAA and Ecology's request to remove the
outdated NWCAA standards contained in sections 400 through 424.

III. Application of WAC 173-400-020

    As previously discussed, a local clean air agency generally has the
authority under WAC 173-400-020 to establish local regulations to
supplement, or act in lieu of, the statewide Chapter 173-400 WAC
provisions for sources within its jurisdiction. This approach is
consistent with our previous SIP actions for Benton Clean Air Agency
(80 FR 71695, November 17, 2015) and Southwest Clean Air Agency (82 FR
17136, April 10, 2017). As discussed above and in the supporting
documents for this action, NWCAA and Ecology requested that the EPA
approve and incorporate by reference: section 102

Policy to replace WAC 173-400-010; section 200 Definitions to replace
WAC 173-400-030 (except for terms not defined in section 200); section
300 New Source Review to replace WAC 173-400-036, 173-400-110, 173-400-
111, 173-400-113, and 173-400-560 (except certain subsections described
above related to nonattainment areas or the associated visibility
permitting for facilities subject to major stationary source NNSR); and
section 305 Public Involvement to replace WAC 173-400-171 and WAC 173-
400-175 for actions under NWCAA's jurisdiction.
    As part of the February 6, 2020, submittal, NWCAA and Ecology also
identified Chapter 173-400 WAC provisions that do not have a direct
corollary in the NWCAA regulations. For these provisions NWCAA and
Ecology requested that the EPA update these Chapter 173-400 WAC
citations to the most recently EPA-approved version of those sections.
The EPA is proposing to approve this request.

IV. The EPA's Proposed Action

A. Regulations To Approve and Incorporate by Reference Into the SIP

    The EPA is proposing to approve and incorporate by reference into
the Washington SIP at 40 CFR 52.2470(c), Table 5--Additional
Regulations Approved for the Northwest Clean Air Agency (NWCAA)
Jurisdiction, the NWCAA and Ecology regulations listed in Tables 1 and
2 for sources under NWCAA's jurisdiction.

  Table 1--Northwest Clean Air Agency (NWCAA) Regulations for Proposed
                 Approval and Incorporation by Reference
------------------------------------------------------------------------
                                           State/local
State/local  citation    Title/subject   effective date    Explanation
------------------------------------------------------------------------
100..................  Name of Agency..        08/21/05  ...............
101..................  Short Title.....        08/21/05  ...............
102..................  Policy..........        08/21/05  Except
                                                          provisions
                                                          outside the
                                                          scope of CAA
                                                          section 110.
                                                          Replaces WAC
                                                          173-400-010.
200..................  Definitions.....        05/12/19  Except the
                                                          definitions
                                                          Toxic Air
                                                          Pollutant,
                                                          Odor, and Odor
                                                          Source.
                                                          Generally
                                                          replaces WAC
                                                          173-400-030.
                                                          However, for
                                                          definitions
                                                          not included
                                                          in section
                                                          200, the WAC
                                                          173-400-030
                                                          definitions in
                                                          the table
                                                          below shall
                                                          apply.
300..................  New Source              05/12/19  Except
                        Review.                           subsections
                                                          300.8(C),
                                                          300.25, or any
                                                          provisions
                                                          related to the
                                                          regulation of
                                                          Toxic Air
                                                          Pollutants.
                                                          Replaces WAC
                                                          173-400-036,
                                                          173-400-110,
                                                          173-400-111,
                                                          173-400-113,
                                                          and 173-400-
                                                          560, except
                                                          certain
                                                          subsections of
                                                          WAC 173-400-
                                                          111 and 173-
                                                          400-113 listed
                                                          in the table
                                                          below.
305..................  Public                  05/12/19  Except
                        Involvement.                      provisions
                                                          related to the
                                                          regulation of
                                                          Toxic Air
                                                          Pollutants.
                                                          Replaces WAC
                                                          173-400-171
                                                          and WAC 173-
                                                          400-175,
                                                          except
                                                          subsection 173-
                                                          400-171(6)(b).
320..................  Registration             5/12/19  Except
                        Program.                          subsection
                                                          320.3 and
                                                          provisions
                                                          related to the
                                                          regulation of
                                                          Toxic Air
                                                          Pollutants or
                                                          odor.
321..................  Exemptions from          5/12/19  Except
                        Registration.                     subsection
                                                          321.3.
------------------------------------------------------------------------

    Table 2 shows the updated Chapter 173-400 WAC provisions, or
subsections, that NWCAA and Ecology requested apply to the SIP for
NWCAA's jurisdiction. We note that many of the exclusions listed below
are identical to the exclusions for Ecology's direct jurisdiction. We
also note that NWCAA and Ecology did not submit updates to all the
Chapter 173-400 WAC provisions. For these remaining provisions we will
retain our prior approval of the WAC (60 FR 28726, June 2, 1995).

   Table 2--Washington Department of Ecology Regulations for Proposed
                 Approval and Incorporation by Reference
------------------------------------------------------------------------
                                           State/local
State/local  citation    Title/subject   effective date    Explanation
------------------------------------------------------------------------
   Chapter 173-400 WAC, General Regulations for Air Pollution Sources
------------------------------------------------------------------------
173-400-020..........  Applicability...        12/29/12  ...............
173-400-025..........  Adoption of              9/16/18  Only as it
                        Federal Rules.                    applies to
                                                          cross
                                                          references in
                                                          the WAC.
173-400-030..........  Definitions.....         9/16/18  Except: 173-400-
                                                          030(6); 173-
                                                          400-030(32);
                                                          173-400-030(38
                                                          ); 173-400-
                                                          030(45); 173-
                                                          400-030(83);
                                                          173-400-030(89
                                                          ); 173-400-
                                                          030(96); 173-
                                                          400-030(97);
                                                          173-400-030(10
                                                          0); 173-400-
                                                          030(103); 173-
                                                          400-030(104);
                                                          or any
                                                          definition
                                                          included in
                                                          NWCAA section
                                                          200.
173-400-050..........  Emission                 9/16/18  Except: 173-400-
                        Standards for                     050(2); 173-
                        Combustion and                    400-050(4);
                        Incineration                      173-400-050(5)
                        Units.                            ; 173-400-
                                                          050(6).
173-400-060..........  Emission                11/25/18  ...............
                        Standards for
                        General Process
                        Units.
173-400-091..........  Voluntary Limits          4/1/11  9/20/93 version
                        on Emissions.                     continues to
                                                          be approved
                                                          under the
                                                          authority of
                                                          CAA Section
                                                          112(l) with
                                                          respect to
                                                          Section 112
                                                          hazardous air
                                                          pollutants.
                                                          See 60 FR
                                                          28726 (June 2,
                                                          1995).

173-400-111..........  Processing                7/1/16  Only
                        Notice of                         subsections
                        Construction                      (1)(c),
                        Applications                      (1)(d),
                        for Sources,                      (5)(b), and
                        Stationary                        (7)(b),
                        Sources and                       otherwise
                        Portable                          NWCAA section
                        Sources.                          300 applies.
173-400-112..........  Requirements for        12/29/12  The cross
                        New Sources in                    reference to
                        Nonattainment                     WAC 173-400-
                        Areas--Review                     113(3) is
                        for Compliance                    interpreted to
                        with                              be NWCAA
                        Regulations.                      section
                                                          300.9(B)(3).
173-400-113..........  New Sources in          12/29/12  Only subsection
                        Attainment or                     (4), otherwise
                        Unclassifiable                    NWCAA section
                        Areas--Review                     300 applies.
                        for Compliance
                        with
                        Regulations.
173-400-117..........  Special                 12/29/12  ...............
                        Protection
                        Requirements
                        for Federal
                        Class I Areas.
173-400-118..........  Designation of          12/29/12  ...............
                        Class I, II,
                        and III Areas.
173-400-131..........  Issuance of               4/1/11  ...............
                        Emission
                        Reduction
                        Credits.
173-400-136..........  Use of Emission           4/1/11  ...............
                        Reduction
                        Credits (ERC).
173-400-151..........  Retrofit                 2/10/05  ...............
                        Requirements
                        for Visibility
                        Protection.
173-400-171..........  Public Notice            9/16/18  Only subsection
                        and Opportunity                   (6)(b),
                        for Public                        otherwise
                        Comment.                          NWCAA section
                                                          305 applies.
173-400-200..........  Creditable Stack         2/10/05  ...............
                        Height and
                        Dispersion
                        Techniques.
173-400-800..........  Major Stationary          4/1/11  EPA did not
                        Source and                        review WAC 173-
                        Major                             400-800
                        Modification in                   through 860
                        a Nonattainment                   for
                        Area.                             consistency
                                                          with the
                                                          August 24,
                                                          2016 PM2.5
                                                          implementation
                                                          rule (81 FR
                                                          58010); nor
                                                          does NWCAA
                                                          have an
                                                          obligation to
                                                          submit rule
                                                          revisions to
                                                          address the
                                                          2016 PM2.5
                                                          implementation
                                                          rule at this
                                                          time.
173-400-810..........  Major Stationary          7/1/16  ...............
                        Source and
                        Major
                        Modification
                        Definitions.
173-400-820..........  Determining if a        12/29/12  ...............
                        New Stationary
                        Source or
                        Modification to
                        a Stationary
                        Source is
                        Subject to
                        these
                        Requirements.
173-400-830..........  Permitting                7/1/16  ...............
                        Requirements.
173-400-840..........  Emission Offset           7/1/16  ...............
                        Requirements.
173-400-850..........  Actual Emissions          7/1/16  ...............
                        Plantwide
                        Applicability
                        Limitation
                        (PAL).
173-400-860..........  Public                    4/1/11  ...............
                        Involvement
                        Procedures.
------------------------------------------------------------------------

B. Approved But Not Incorporated by Reference Regulations

    As discussed above, we are proposing to approve the following
updates to NWCAA's general provisions for inclusion in 40 CFR
52.2470(e), Table 1--Approved but Not Incorporated by Reference
Regulations: 103 Duties and Powers, 105 Separability, 110 Investigation
and Studies, 111 Interference or Obstruction, 112 False and Misleading
Oral Statement: Unlawful Reproduction or Alteration of Documents, 113
Service of Notice, 114 Confidential Information, 120 Hearings, 123
Appeal of Orders, 124 Display of Orders, Certificates and Other
Notices: Removal or Mutilation Prohibited, 131 Notice to Violators, 132
Criminal Penalty, 133 Civil Penalty, 134 Restraining Orders--
Injunction, 135 Assurance of Discontinuance, and 303 Work Done Without
an Approval.

C. Regulations To Remove From the SIP

    NWCAA and Ecology's February 6, 2020, submittal included a request
to remove several obsolete provisions from the SIP and to remove other
provisions that are not required SIP elements under CAA section 110. As
discussed in the supporting analysis included in the docket for this
action, NWCAA and Ecology requested removal of the following general
provision sections previously approved into the SIP in 1995: 104
Adoption of State and Federal Laws and Rules (not a required SIP
element), 106 Public Records (replaced by section 305.7), 122 Appeals
from Orders or Violations (consolidated into section 123), 130
Citations--Notices (consolidated into section 131), 140 Reporting by
Government Agencies (subsumed by the new source review requirements),
and 145 Motor Vehicle Owner Responsibility (not a required SIP
element). As noted in the control procedures discussion, the former
SIP-approved sections 301 and 302 were consolidated into Section 300
New Source Review and former sections 310, 322, and 323 were
consolidated into the registration program in sections 320 and 321. We
are proposing to approve NWCAA and Ecology's request to remove these
outdated provisions from the SIP and to remove the outdated ambient air
quality standards in sections 400 through 424, in order to rely on the
current, statewide standards in Chapter 173-476 WAC. Lastly, we are
proposing to remove from the SIP any formerly approved WAC provisions
which are replaced by local agency corollaries discussed above for
facilities or actions subject to NWCAA's jurisdiction.

D. Scope of Proposed Action

    This proposed revision to the SIP applies specifically to the NWCAA
jurisdiction incorporated into the SIP at 40 CFR 52.2470(c)--Table 5.
As discussed in our October 3, 2014 action, local air agency
jurisdiction in Washington is generally defined on a geographic basis;
however, there are exceptions (79 FR 59653, at page 59654). By statute,
NWCAA does not have authority for sources under the jurisdiction of
EFSEC. See Revised Code of Washington Chapter 80.50. Under the
applicability provisions of WAC 173-405-012, 173-410-012, and 173-415-
012, NWCAA also does not have jurisdiction for kraft pulp mills,
sulfite pulping mills, and primary aluminum plants. For these sources,
Ecology retains statewide, direct jurisdiction. Ecology and EFSEC also
retain statewide, direct jurisdiction for issuing PSD permits.
Therefore, the EPA is not approving into 40 CFR 52.2470(c)--

Table 5 those provisions of Chapter 173-400 WAC related to the PSD
program. Specifically, these provisions are WAC 173-400-116 and WAC
173-400-700 through 173-400-750, which the EPA has already approved as
applying state-wide under 40 CFR 52.2470(c)--Tables 2 and 3.
    As described in our April 29, 2015 action, jurisdiction to
implement the visibility permitting program contained in WAC 173-400-
117 varies depending on the situation. Ecology retains authority to
implement WAC 173-400-117 as it relates to PSD permits. See 80 FR
23721. However, for facilities that may someday be subject to major
NNSR under the applicability provisions of WAC 173-400-800, we are
proposing that NWCAA would be responsible for implementing those parts
of WAC 173-400-117 as they relate to major NNSR permits. See 80 FR
23726. If finalized, the EPA is also proposing to modify the visibility
protection Federal Implementation Plan contained in 40 CFR 52.2498 to
reflect the approval of WAC 173-400-117 as it applies to implementation
of the major NNSR program in NWCAA's jurisdiction.
    Lastly, this SIP revision is not approved to apply on any Indian
reservation land within Island, Skagit, or Whatcom counties and is also
not approved to apply in any other area where the EPA or an Indian
tribe has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).

V. Incorporation by Reference

    In this document, the EPA is proposing to include regulatory text
in an EPA final rule that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, the EPA is proposing to
incorporate by reference the regulations shown in the tables in section
IV.A. Regulations to Approve and Incorporate by Reference into the SIP
and the rules proposed for removal from the SIP in section IV.C.
Regulations to Remove from the SIP. The EPA has made, and will continue
to make, these materials generally available through
www.regulations.gov and at the EPA Region 10 Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because this action does not involve technical standards; and
     Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    As discussed above, the SIP is not approved to apply on any Indian
reservation land in Island, Skagit, or Whatcom counties, or any other
area where the EPA or an Indian tribe has demonstrated that a tribe has
jurisdiction as described in section IV.D above. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: March 5, 2020.
Chris Hladick,
Regional Administrator, Region 10.
[FR Doc. 2020-05911 Filed 3-23-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 35 (Wednesday, February 22, 2012)]
[Notices]
[Pages 10503-10504]
[FR Doc No: 2012-4077]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14216-000]

Fall River Community Hydro Project; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Competing Applications

    On June 27, 2011, Fall River Valley Community Service District,
California, filed an application for a preliminary permit, pursuant to
section 4(f) of the Federal Power Act (FPA), proposing to study the
feasibility of the Fall River Community Hydro Project to be located on
Fall River, near the town of Fall River Mills, Shasta County,
California. The project affects federal lands administered by the
Bureau of Land Management. The sole purpose of a preliminary permit, if
issued, is to grant the permit holder priority to file a license
application during the permit term. A preliminary permit does not
authorize the permit holder to perform any land-disturbing activities
or otherwise enter upon lands or waters owned by others without the
owners' express permission.
    The proposed project would consist of the following facilities: (1)
An open conduit that would deliver water from the Pit 1 diversion to a
penstock; (2) an existing penstock connecting the conduit to the
powerhouse; (3) two pump-turbines totaling 900 kilowatts (kW) (1 x 300
kW unit and 1 x 600 kW unit) of generating capacity; and (4) an
existing 3-phase power line on site. The project's annual energy output
would range from 4 to 6 gigawatt hours.
    Applicant Contact: Mr. John Van den Bergh, Fall River Valley
Community Service District, P.O. Box 427, Fall River Mills, California
96028; phone<PHONE_NUMBER>.
    FERC Contact: Carolyn Templeton; phone:<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and
competing applications may be filed electronically via the Internet.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the

eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at 1-866-208-3676, or for TTY,
(202) 502-8659. Although the Commission strongly encourages electronic
filing, documents may also be paper-filed. To paper-file, mail an
original and seven copies to: Kimberly D. Bose, Secretary, Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14216-000) in the docket number field to
access the document. For assistance, contact FERC Online Support.

    Dated: February 15, 2012.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2012-4077 Filed 2-21-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 138 (Tuesday, July 19, 2011)]
[Notices]
[Pages 42716-42717]
[FR Doc No: 2011-18095]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0002]

Effects of Ischemia Reperfusion Injury on Outcomes in Kidney
Transplantation; Public Workshop

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public workshop.

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

    The Food and Drug Administration (FDA) is announcing a public
workshop to discuss the effects of ischemia/reperfusion injury (IRI) on
outcomes in kidney transplantation. This public workshop is intended to
obtain information from health care providers, academia, and industry
on various aspects of the pathophysiology, clinical management, and
outcomes following IRI. The meeting will include a discussion of animal
models, devices, and clinical trial design. The input from this public
workshop will help in developing topics for further discussion and may
serve to inform recommendations on clinical trial design for products
for the mitigation of IRI and/or for the prophylaxis and/or treatment
of delayed graft function (DGF) and related conditions in kidney
transplant recipients.
    Date and Time: The public workshop will be held on September 8,
2011, from 9 a.m. to 6 p.m. and on September 9, 2011, from 8 a.m. to 3
p.m.
    Location: The public workshop will be held at the Crowne Plaza,
8777 Georgia Ave., Silver Spring, MD 20910,<PHONE_NUMBER>. Seating is
available only on a first-come-first-served basis.
    Contact Persons: Christine Moser or Ramou Mauer, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 22, Rm. 6209, Silver Spring, MD 20993-0002, 301-
796-1300 or<PHONE_NUMBER>.
    Registration: Registration is free for the public workshop.
Interested parties are encouraged to register early because space is
limited. Seating will be available on a first-come-first-served basis.
To register electronically, e-mail registration information (including
name, title, firm name, address, telephone, and fax number) to
<EMAIL_ADDRESS>Persons without access to the Internet can
call Christine Moser,<PHONE_NUMBER>, or Ramou Mauer,<PHONE_NUMBER>, to
register.
    Persons needing a sign language interpreter or other special
accommodations should notify Christine Moser or Ramou Mauer (see
Contact Persons) at least 7 days in advance.

SUPPLEMENTARY INFORMATION: FDA is announcing a public workshop
regarding effects of IRI on outcome in kidney transplantation and
medical product development for the prevention and/or treatment of DGF
in kidney transplant recipients. This public workshop will include
scientific discussion on the following topics:

     Pathophysiology and contributing factors to IRI,
     Downstream measures of response to IRI,
     Current management strategies and outcomes in patients
with DGF,
     Animal models in IRI and DGF,
     Device issues related to DGF, and
     Clinical trial issues related to the recipient in
development of medical products for the management of DGF and related
conditions in kidney transplantation.
    The Agency encourages individuals, patient advocates, industry,
consumer groups, health care professionals, researchers, and other
interested persons to attend this public workshop.
    Transcripts: Please be advised that as soon as a transcript is
available, it will be accessible at http://www.regulations.gov. It may
be viewed at the Division of Dockets Management (HFA-305), Food and
Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD. A
transcript will also be available in either hardcopy or on CD-ROM,
after submission of a Freedom of Information request. Written requests
are to be sent to the Division of Freedom of Information (HFI-35),
Office of Management Programs, Food and Drug Administration, 5600
Fishers Lane, Rm. 6-30, Rockville, MD 20857.
    Transcripts will also be available on the Internet at http://www.fda.gov/Drugs/NewsEvents/ucm206132.htm approximately 45 days after
the workshop.

    Dated: July 13, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-18095 Filed 7-18-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 81, Number 202 (Wednesday, October 19, 2016)]
[Notices]
[Pages 72127-72128]
[FR Doc No: 2016-25239]

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

SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 32317; 812-14508]

ETF Managers Group, LLC and ETF Managers Trust; Notice of
Application

October 13, 2016.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application under section 6(c) of the Investment
Company Act of 1940 (``Act'') for an exemption

from section 15(a) of the Act and rule 18f-2 under the Act, as well as
from certain disclosure requirements in rule 20a-1 under the Act, Item
19(a)(3) of Form N-1A, Items 22(c)(1)(ii), 22(c)(1)(iii), 22(c)(8) and
22(c)(9) of Schedule 14A under the Securities Exchange Act of 1934, and
Sections 6-07(2)(a), (b), and (c) of Regulation S-X (``Disclosure
Requirements''). The requested exemption would permit an investment
adviser to hire and replace certain sub-advisers without shareholder
approval and grant relief from the Disclosure Requirements as they
relate to fees paid to the sub-advisers.

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

Applicants:  ETF Managers Trust (the ``Trust''), a Delaware statutory
trust registered under the Act as an open-end management investment
company that may offer one or more series of shares, and ETF Managers
Group, LLC, a Delaware limited liability company registered as an
investment adviser under the Investment Advisers Act of 1940 (the
``Initial Adviser,'' and, collectively with the Trust, the
``Applicants'').

DATES: Filing Dates: The application was filed July 1, 2014, and
amended on July 1, 2016.

Hearing or Notification of Hearing:  An order granting the application
will be issued unless the Commission orders a hearing. Interested
persons may request a hearing by writing to the Commission's Secretary
and serving applicants with a copy of the request, personally or by
mail. Hearing requests should be received by the Commission by 5:30
p.m. on November 8, 2016, and should be accompanied by proof of service
on the applicants, in the form of an affidavit or, for lawyers, a
certificate of service. Pursuant to rule 0-5 under the Act, hearing
requests should state the nature of the writer's interest, any facts
bearing upon the desirability of a hearing on the matter, the reason
for the request, and the issues contested. Persons who wish to be
notified of a hearing may request notification by writing to the
Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street NE., Washington, DC 20549-1090. Applicants c/o: David C.
Mahaffey, Esq. and Eric D. Simanek, Esq., Sullivan & Worcester LLP,
1666 K Street NW., Washington, DC 20006.

FOR FURTHER INFORMATION CONTACT:  Judy T. Lee, Senior Special Counsel,
at<PHONE_NUMBER>, or Sara Crovitz, Assistant Chief Counsel, at (202)
551-6862 (Division of Investment Management, Chief Counsel's Office).

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

Summary of the Application

    1. The Adviser will serve as the investment adviser to the Funds
pursuant to an investment advisory agreement with the Trust (the
``Advisory Agreement'').\1\ The Adviser will provide the Funds with
continuous and comprehensive investment management services subject to
the supervision of, and policies established by, each Fund's board of
trustees (``Board''). The Advisory Agreement permits the Adviser,
subject to the approval of the Board, to delegate to one or more sub-
advisers (each, a ``Sub-Adviser'' and collectively, the ``Sub-
Advisers'') the responsibility to provide the day-to-day portfolio
investment management of each Fund, subject to the supervision and
direction of the Adviser. The primary responsibility for managing the
Funds will remain vested in the Adviser. The Adviser will hire,
evaluate, allocate assets to and oversee the Sub-Advisers, including
determining whether a Sub-Adviser should be terminated, at all times
subject to the authority of the Board.
---------------------------------------------------------------------------

    \1\ Applicants request relief with respect to any existing and
any future series of the Trust and any other registered open-end
management company or series thereof that: (a) Is advised by the
Initial Adviser or its successor or by a person controlling,
controlled by, or under common control with the Initial Adviser or
its successor (each, also an ``Adviser''); (b) uses the manager of
managers structure described in the application; and (c) complies
with the terms and conditions of the application (any such series, a
``Fund'' and collectively, the ``Funds'' and certain Funds (each, a
``Feeder Fund'') that may invest substantially all of their assets
in a Fund). For purposes of the requested order, ``successor'' is
limited to an entity that results from a reorganization into another
jurisdiction or a change in the type of business organization.
---------------------------------------------------------------------------

    2. Applicants request an exemption to permit the Adviser, subject
to Board approval, to hire certain Sub-Advisers pursuant to Sub-
Advisory Agreements and materially amend existing Sub-Advisory
Agreements without obtaining the shareholder approval required under
section 15(a) of the Act and rule 18f-2 under the Act.\2\ Applicants
also seek an exemption from the Disclosure Requirements to permit a
Fund to disclose (as both a dollar amount and a percentage of the
Fund's net assets): (a) The aggregate fees paid to the Adviser and any
Affiliated Sub-Adviser; and (b) the aggregate fees paid to Sub-Advisers
other than Affiliated Sub-Advisers (collectively, ``Aggregate Fee
Disclosure''). For any Fund that employs an Affiliated Sub-Adviser, the
Fund will provide separate disclosure of any fees paid to the
Affiliated Sub-Adviser.
---------------------------------------------------------------------------

    \2\ The requested relief will not extend to any Sub-Adviser that
is an affiliated person, as defined in section 2(a)(3) of the Act,
of a Fund, of any Feeder Fund or the Adviser, other than by reason
of serving as a sub-adviser to one or more of the Sub-Advised Funds
(``Affiliated Sub-Adviser'').
---------------------------------------------------------------------------

    3. Applicants agree that any order granting the requested relief
will be subject to the terms and conditions stated in the Application.
Such terms and conditions provide for, among other safeguards,
appropriate disclosure to Fund shareholders and notification about sub-
advisory changes and enhanced Board oversight to protect the interests
of the Funds' shareholders.
    4. Section 6(c) of the Act provides that the Commission may exempt
any person, security, or transaction or any class or classes of
persons, securities, or transactions from any provisions of the Act, or
any rule thereunder, if such relief is necessary or appropriate in the
public interest and consistent with the protection of investors and
purposes fairly intended by the policy and provisions of the Act.
Applicants believe that the requested relief meets this standard
because, as further explained in the Application, the Advisory
Agreements will remain subject to shareholder approval, while the role
of the Sub-Advisers is substantially similar to that of individual
portfolio managers, so that requiring shareholder approval of Sub-
Advisory Agreements would impose unnecessary delays and expenses on the
Funds. Applicants believe that the requested relief from the Disclosure
Requirements meets this standard because it will improve the Adviser's
ability to negotiate fees paid to the Sub-Advisers that are more
advantageous for the Funds.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-25239 Filed 10-18-16; 8:45 am]
 BILLING CODE 8011-01-P


Fluazifop-p-butyl (122809)

Screening Level Usage Analysis (SLUA)

Date: May 27, 2010

What is a Screening Level Usage Analysis (SLUA)?

Available estimates of pesticide usage data for a particular active
ingredient that is used on agricultural crops in the United States.

Pesticide usage data obtained from various sources.  The data are then
merged, averaged, and rounded so that the presented information is not
proprietary, business confidential, or trade secret.

What does it contain?

Pesticide usage data for a single active ingredient only.

Agricultural use sites (crops) that the pesticide is reported to be used
on.

Available pesticide usage information from U.S. states that produce 80%
or more of a crop, in most cases, or less than 80%, in rare cases,
depending on the scope of the survey and available resources.

Annual percent of crop treated (average & maximum) for each agricultural
crop.

Average annual pounds of the pesticide applied for each agricultural
crop (i.e., for the states surveyed, not for the entire United States).

What assumptions can I make about the reported data?

Average pounds of active ingredient applied - Values are calculated by
merging pesticide usage data sources together; averaging across all
observations, then rounding.  Note:  If the estimated value is less than
500, then that value is labeled <500.  Estimated values between 500 &
<1,000,000 are rounded to 1 significant digit.  Estimated values of
1,000,000 or greater are rounded to 2 significant digits.)

Average percent of crop treated - Values are calculated by merging data
sources together; averaging by year, averaging across all years, &
rounding to the nearest multiple of 5.  Note:  If the estimated value is
less than 2.5, then the value is labeled <2.5.  If the estimated value
is less than 1, then the value is labeled <1.

Maximum percent of crop treated - Value is the single maximum value
reported across all data sources, across all years, & rounded up to the
nearest multiple of 5.  Note:  If the estimated value is less than 2.5,
then the value is labeled <2.5.

What are the data sources used?

USDA-NASS (United States Department of Agriculture’s National
Agricultural Statistics Service) – pesticide usage data from 2001 to
2007.

Private pesticide market research – pesticide usage data from 2001 to
2007.

NPUD 2002 (National Pesticide Use Database) pesticide usage data from
the CropLife America Foundation are used only if data are not available
from the other sources.

California Department of Pesticide Regulation (DPR) Pesticide Use
Reporting (PUR) data for 2000 to 2005 when 95% or more of a crop is
grown California.

What are the limitations to the data?

Additional registered uses may exist but are not included because the
available surveys do not report usage (e.g., small acreage crops).

Lack of reported usage data for the pesticide on a crop does not imply
zero usage.

Usage data on a particular site may be noted in data sources, but not
quantified.  In these instances, the site would not be reported in the
SLUA.

Non-agricultural use sites (e.g., turf, post-harvest, mosquito control,
etc.) are not reported in the SLUA.  A separate request must be made to
receive these estimates.

Some sites show some use, even though they are not on the label.  This
usage could be due to various factors, including, but not limited to
Section 18 requests, existing stocks of the chemical, data collection
errors, and experimental use permits (EUPs).

Thursday, May 27, 2010

Screening Level Estimates of Agricultural Uses of
Fluazifop-p-butyl(122809)

Sorted Alphabetically

	Percent Crop Ttd.

				Crop	Lbs. A.I.	Avg.	Max.

1	Alfalfa	2,000	<1	<2.5

2	Almonds	<500	<1	<2.5

3	Apples	<500	<1	<2.5

4	Asparagus	<500	<2.5	5

5	Beans, Green +	<500	<1	<2.5

6	Cantaloupes +	<500	<1	<2.5

7	Carrots	2,000	10	20

8	Cherries	<500	<1	<2.5

9	Corn	<500	<1	<1

10	Cotton	10,000	<1	<2.5

11	Dry Beans/Peas	<500	<1	<2.5

12	Fallow, Summer	10,000	<1	<2.5

13	Garlic	<500	5	10

14	Grapes	<500	<1	<2.5

15	Onions	5,000	15	25

16	Oranges	1,000	<1	<2.5

17	Pastureland +	2,000	<1	<2.5

18	Peaches	1,000	<2.5	10

19	Peanuts	1,000	<1	<2.5

20	Peppers	<500	<1	<2.5

21	Pistachios	<500	<1	<2.5

22	Potatoes +	<500	<1	<2.5

23	Prunes	<500	<1	<2.5

24	Pumpkins +	<500	<1	<2.5

25	Soybeans	100,000	<2.5	5

26	Squash +	<500	<2.5	<2.5

27	Strawberries	<500	<1	<2.5

28	Sunflowers +	1,000	<1	<2.5

29	Sweet Potatoes ( NPUD '02 )	2,000

10

30	Tobacco +	<500	<1	<2.5

31	Tomatoes +	<500	<1	<2.5

32	Walnuts	<500	<1	<2.5

33	Watermelons +	<500	<1	<2.5

All numbers rounded.

<500	Less than 500 pounds of active ingredient

<2.5	Less than 2.5 percent of crop treated

<1	Less than 1 percent of crop treated

+	Crops not known to be listed on active end use product registrations
or as Section 18 emergency

exemptions when this report was run

SLUA data sources include:

USDA-NASS (United States Department of Agriculture's National
Agricultural Statistics Service)

Private Pesticide Market Research

NPUD 2002 (National Pesticide Use Database) of the CropLife America
Foundation

California DPR (Department of Pesticide Regulation)

These results reflect amalgamated data developed by the Agency and are
releasable to the public.


39086 Federal Register / Vol. 68, No. 126 / Tuesday, July 1, 2003 / Notices ENVIRONMENTAL PROTECTION AGENCY [ FRL   7520   4]

Meeting of the National Drinking Water Advisory Council ( NDWAC)

AGENCY: Environmental Protection Agency. ACTION: Notice of public meeting.

SUMMARY: In accordance with section 10( a)( 2) of Public Law 92   423, `` The Federal Advisory Committee Act,'' notice is hereby given of the forthcoming conference call meeting of the National Drinking Water Advisory Council ( Council), established under the Safe Drinking Water Act, as amended ( 42 U. S. C. 300f et seq.). The Council will discuss follow up actions relating to a report presented at the May 2003 meeting by NDWAC's work group on Affordability. The Council will determine whether it will make specific recommendations to EPA relating to the Affordability report. This is a follow up conference call to the conference call held on June 20, 2003. DATES: The Council meeting will be held on July 10, 2003, from 10 a. m. to 12 p. m., Eastern Standard Time. ADDRESSES: Council members teleconference into Room 2123 of the EPA East Building, which is physically located at 1201 Constitution Avenue, NW., Washington, DC. FOR FURTHER INFORMATION CONTACT: Members of the public that would like to attend the meeting, present an oral statement, submit a written statement in advance, or make arrangements to teleconference call into the meeting should contact Brenda Johnson, Designated Federal Officer, National Drinking Water Advisory Council, by July 3, 2003. Ms. Johnson can be reached at ( 202) 564   3791, by e mail at johnson. brendap@ epa. gov, or by regular mail at U. S. Environmental Protection Agency, Office of Ground Water and Drinking Water ( M/ C 4601M), 1200 Pennsylvania Avenue, NW., Washington, DC 20460. SUPPLEMENTARY INFORMATION: The Council encourages the public's input and will allocate 30 minutes for this purpose. A limited number of additional phone lines may be available for members of the public that are outside of the Washington, DC, metropolitan commuting area and are unable to attend in person. Any additional teleconferencing lines that are available will be reserved on a first come, firstserve basis by the Designated Federal Officer. To ensure adequate time for public involvement, oral statements will be limited to five minutes, and it is preferred that only one person present the statement on behalf of a group or organization. Any person who wishes to file a written statement can do so before or after a Council meeting. Written statements received prior to the meeting will be distributed to all members of the Council before any final discussion or vote is completed. Any statements received after the meeting will become part of the permanent meeting file and will be forwarded to the Council members for their information. Any person needing special accommodations at this meeting, including wheelchair access, should contact the Designated Federal Officer, at the number or e mail listed under the FOR FURTHER INFORMATION CONTACT section, at least five business days before the meeting so that the appropriate arrangements can be made.

Nanci Gelb, Acting Director, Office of Ground Water and Drinking Water. [ FR Doc. 03   16588 Filed 6   30   03; 8: 45 am]

BILLING CODE 6560   50   P ENVIRONMENTAL PROTECTION AGENCY [ OEI   2003   0032; FRL   7520   2]

A Summary of General Assessment Factors for Evaluating the Quality of Scientific and Technical Information AGENCY: Environmental Protection Agency. ACTION: Notice of availability.

SUMMARY: The U. S. Environmental Protection Agency ( EPA) is announcing the availability of the final A Summary of General Assessment Factors for Evaluating the Quality of Scientific and Technical Information ( EPA 100/ B   03/ 001; herein after referred to as the `` Assessment Factors Document''). DATES: EPA is making the document available July 1, 2003. ADDRESSES: The `` Assessment Factors Document'' is available at the EPA web site at the following web pages: http:// www. epa. gov/ oei/ qualityguidelines/ af_ home. htm, http:// www. epa. gov/ osp/ spc/ 2polprog. htm. FOR FURTHER INFORMATION CONTACT: Greg Schweer, Office of Pollution Prevention and Toxics ( 7405M), telephone number: ( 202) 564   8469; fax number: ( 202) 564   4765 or Halu   k O ¨ zkaynak, Office of Research and Development ( 8601   D), telephone number ( 202) 564   1531, fax number ( 202) 564   0061, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; email address: assessment. factors@ epa. gov.

SUPPLEMENTARY INFORMATION:

What is the EPA `` Assessment Factors Document'?

The `` Assessment Factors Document'' was prepared under the auspices of the EPA Science Policy Council ( SPC) to describe the assessment factors and considerations generally used by the Agency to evaluate the quality and relevance of scientific and technical information. These general assessment factors are founded in the Agency guidelines, practices and procedures that make up the EPA information and quality systems, including existing program specific quality assurance policies. As such, the general assessment factors do not constitute new quality related considerations, nor does this document describe a new process for evaluating information. The `` Assessment Factors Document'' is intended to raise the awareness of the information generating public about EPA's ongoing interest in ensuring and enhancing the quality of information available for Agency use. Further, the `` Assessment Factors Document'' complements the Guidelines for Ensuring and Maximizing the Quality, Objectivity, Utility, and Integrity of Information Disseminated by the Environmental Protection Agency ( EPA/ 260/ R   02   008). The Information Quality Guidelines are also available via internet at: http:// www. epa. gov/ oei/ qualityguidelines. Consistent with the Agency's approach to the development of the EPA Information Quality Guidelines, this document is the product of an open, collaborative process between EPA and the public. During the development of this document, EPA requested public input in a variety of ways. EPA distributed a draft document for public comment in September 2002 and hosted a public meeting in Washington, DC. In January 2003, EPA commissioned the National Academy of Sciences to host a workshop to discuss key aspects of this document from a scientific and technical perspective. EPA revised this document based on the input received through these public outreach opportunities.

How Can I Get Copies of the `` Assessment Factors Document''?

You may access the EPA `` Assessment Factors Document'' and other information related to this notice electronically at the following web pages: http:// www. epa. gov/ oei/ qualityguidelines/ af_ home. htm and VerDate Jan< 31> 2003 16: 39 Jun 30, 2003 Jkt 200001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 01JYN1. SGM 01JYN1 39087 Federal Register / Vol. 68, No. 126 / Tuesday, July 1, 2003 / Notices http:// www. epa. gov/ osp/ spc/ 2polprog. htm. To obtain a written copy of the `` Assessment Factors Document'', you may contact either of the individuals listed under FOR FURTHER INFORMATION CONTACT.

Elaine Stanley, Director, Office of Information Analysis and Access, Office of Environmental Information. [ FR Doc. 03   16328 Filed 6   30   03; 8: 45 am]

BILLING CODE 6560   50   P ENVIRONMENTAL PROTECTION AGENCY [ FRL   7520   7]

Final National Pollutant Discharge Elimination System ( NPDES) General Permit for Storm Water Discharges From Construction Activities AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice of final issuance.

SUMMARY: EPA Regions 1, 2, 3, 5, 6, 7, 8, 9, and 10 today are issuing EPA's final NPDES general permit for discharges from large and small construction activities. Hereinafter, the terms `` permit'' or `` construction general permit'' or `` CGP'' will replace `` permits.'' Today's permit will replace the existing permit covering large construction sites in EPA Regions 1, 2, 3, 7, 8, 9 and 10 that expired on February 17, 2003 and the permit covering large construction sites in EPA Region 6 that expires July 6, 2003. Today's permit covers large construction sites in EPA Region 5. In addition, today's permit incorporates coverage of small construction activity in EPA Regions 1, 2, 3, 5, 6, 7, 8, 9, and 10. State Coastal Zone Management Act ( CZMA) certification was not received from Massachusetts in time for that state to be included in this permit. As such, large construction activities in Massachusetts covered under the 1998 permit will continue to be covered under that permit. Today's permit is similar to the 1998 permits and will authorize the discharge of pollutants in storm water runoff associated with construction activities in accordance with the terms and conditions described therein. DATES: The effective date of this permit is July 1, 2003. The permit will expire five years from the effective date. ADDRESSES: The administrative record is available for inspection and copying at the Water Docket, located at the EPA Docket Center in the basement of the EPA West Building, Room B   102, at 1301 Constitution Ave., NW., Washington, DC.

FOR FURTHER INFORMATION CONTACT: For further information on the final permit, the permit's Notice of Intent ( NOI) or Notice of Termination ( NOT) requirements, visit EPA's website at http:// www. epa. gov/ npdes/ stormwater/ cgp, contact the appropriate EPA Regional Office listed in I. B., or contact Jack Faulk, Office of Wastewater Management, Office of Water, EPA Headquarters at tel.: ( 202) 564   0768 or email at faulk. jack@ epa. gov.

SUPPLEMENTARY INFORMATION:

I. General Information A. How Can I Get Copies of This Document and Other Related Information?

1. Permit. Copies of the permit, permit fact sheet, and the Response to Comments document may be downloaded from EPA's website at http:// www. epa. gov/ npdes/ stormwater/ cgp. 2. Docket. EPA has established an official public docket for this action under Docket ID No. OW   2002   0055. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. The official public docket is the collection of materials that is available for public viewing at the Water Docket in the EPA Docket Center, ( EPA/ DC) EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is ( 202) 566   1744, and the telephone number for the Water Docket is ( 202) 566   2426. 3. Electronic Access. You may access this Federal Register document electronically through the EPA Internet under the Federal Register listings at http:// www. epa. gov/ fedrgstr/. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http:// www. epa. gov/ edocket to view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Once in the system, select `` search,'' then key in the appropriate docket identification number. B. Who Are the EPA Regional Contacts for This Permit?

For EPA Region 1, contact Thelma Murphy at tel.: ( 617) 918   1615 or e mail at murphy. thelma@ epa. gov. For EPA Region 2, contact Karen O'Brien at tel.: ( 212) 637   3717 or e mail at obrien. karen@ epa. gov or for Puerto Rico, Sergio Bosques at tel.: ( 787) 977   5838 or e mail at bosques. sergio@ epa. gov. For EPA Region 3, contact William Toffel at tel.: ( 215) 814   5706 or toffel. william@ epa. gov. For EPA Region 5, contact Brian Bell at tel.: ( 312) 886   0981 or e mail at bell. brianc@ epa. gov. For EPA Region 6, contact Brent Larsen at tel.: ( 214) 665   7523 or e mail at larsen. brent@ epa. gov. For EPA Region 7, contact Mark Matthews at tel.: ( 913) 551   7635 or email at matthews. mark@ epa. gov. For EPA Region 8, contact Greg Davis at tel.: ( 303) 312   6082 or e mail at davis. gregory@ epa. gov. For EPA Region 9, contact Eugene Bromley at tel.: ( 415) 972   3510 or email at bromley. eugene@ epa. gov. For EPA Region 10, contact Misha Vakoc at tel.: ( 206) 553   6650 or e mail at vakoc. misha@ epa. gov.

II. Background A. Statutory and Regulatory History Section 405 of the Water Quality Act of 1987 ( WQA) added section 402( p) of the Clean Water Act ( CWA), which directed EPA to develop a phased approach to regulate storm water discharges under the NPDES program. EPA published a final regulation on the first phase of this program on November 16, 1990, establishing permit application requirements for `` storm water discharges associated with industrial activity.'' EPA defined the term `` storm water discharge associated with industrial activity'' in a comprehensive manner to cover a wide variety of facilities. Construction activities that disturb at least five acres of land and have point source discharges to waters of the U. S. were included in the definition of `` industrial activity'' pursuant to 40 CFR 122.26( b)( 14)( x). Phase II of the storm water program was published in the Federal Register on December 8, 1999. Phase II includes sites disturbing equal to or greater than one acre and less than five acres as well as sites less than one acre of total land area that are part of a larger common plan of development or sale if the larger common plan will ultimately disturb equal to or greater than one and less than five acres. Small VerDate Jan< 31> 2003 16: 39 Jun 30, 2003 Jkt 200001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 01JYN1. SGM 01JYN1