[Federal Register Volume 80, Number 219 (Friday, November 13, 2015)]
[Rules and Regulations]
[Pages 70171-70175]
[FR Doc No: 2015-28844]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[EPA-HQ-OPPT-2014-0649; FRL-9935-43]
RIN 2070-AB27

Modification of Significant New Uses of Certain Chemical
Substances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is amending the significant new use rules (SNURs) under
section 5(a)(2) of the Toxic Substances Control Act (TSCA) for five
chemical substances which were the subject of premanufacture notices
(PMNs). This action amends the SNURs to allow certain uses without
requiring a significant new use notice (SNUN), and extends SNUN
requirements to certain additional uses. EPA is amending these SNURs
based on review of new data for each chemical substance. This action
requires persons who intend to manufacture (including import) or
process any of these chemical substances for an activity that is
designated as a significant new use by this rule to notify EPA at least
90 days before commencing that activity. The required notification
would provide EPA with the opportunity to evaluate the intended use
and, if necessary, to

prohibit or limit that activity before it occurs.

DATES: This final rule is effective January 12, 2016.

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPPT-2014-0649, is available at
http://www.regulations.gov or at the Office of Pollution Prevention and
Toxics Docket (OPPT Docket), Environmental Protection Agency Docket
Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OPPT Docket is (202) 566-
0280. Please review the visitor instructions and additional information
about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For technical information contact: Jim
Alwood, Chemical Control Division, Office of Pollution Prevention and
Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Does this action apply to me?

    You may be potentially affected by this action if you manufacture,
process, or use the chemical substances contained in this rule. The
following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Manufacturers or processors of one or more subject
chemical substances (NAICS codes 325 and 324110), e.g., chemical
manufacturing and petroleum refineries.
    This action may also affect certain entities through pre-existing
import certification and export notification rules under TSCA. Chemical
importers are subject to the TSCA section 13 (15 U.S.C. 2612) import
certification requirements promulgated at 19 CFR 12.118 through 12.127
and 19 CFR 127.28. Chemical importers must certify that the shipment of
the chemical substance complies with all applicable rules and orders
under TSCA. Importers of chemicals subject to a modified SNUR must
certify their compliance with the SNUR requirements. The EPA policy in
support of import certification appears at 40 CFR part 707, subpart B.
In addition, any persons who export or intend to export the chemical
substance that is the subject of a final rule are subject to the export
notification provisions of TSCA section 12(b) (15 U.S.C. 2611(b)) (see
40 CFR 721.20), and must comply with the export notification
requirements in 40 CFR part 707, subpart D.

II. Background

A. What action is the agency taking?

    In the Federal Register of April 9, 2015 (80 FR 19307) (FRL-9924-
10), EPA proposed amendments to the SNURs for 24 chemical substances in
40 CFR part 721 subpart E. This action would require persons who intend
to manufacture or process these chemical substances for an activity
that is designated as a significant new use by these amended rules to
notify EPA at least 90 days before commencing that activity. Receipt of
such notices allows EPA to assess risks that may be presented by the
intended uses and, if appropriate, to regulate the proposed use before
it occurs. The proposed rule included 23 chemical substances where EPA
determined, based on new information, there is no need to require
additional notice from persons who propose to engage in identical or
similar activities, or a rational basis no longer exists for the
findings that activities involving the substance may present an
unreasonable risk of injury to human health or the environment required
under section 5(e)(1)(A) of the Act. The proposed rule also included a
chemical substance, P-01-781, where EPA is modifying the chemical
identity information. In the Federal Register of June 30, 2015 (80 FR
37161) (FRL-9928-93), EPA issued amendments to the SNURs for 19 of
those chemical substances in 40 CFR part 721 subpart E. EPA is now
issuing a final SNUR amendment for the other five chemical substances.
EPA received public comments for the proposed SNUR amendments for the
remaining five chemical substances of the 24 included in the proposed
rule subject to SNURs at 40 CFR 721.5575, 721.9675, and 721.10515. As
described in Unit III., EPA is finalizing the SNURs as proposed for the
SNURs at 40 CFR 721.9675, and 721.10515 and is finalizing the SNUR at
40 CFR 721.5575 with one change. EPA is now amending the SNURs of these
five chemical substances pursuant to 40 CFR 721.185.

B. What is the agency's authority for taking this action?

    Upon conclusion of the review of the five chemical substances in
this SNUR amendment, EPA designated certain activities as significant
new uses. Under Sec.  721.185, EPA may at any time amend a SNUR for a
chemical substance which has been added to subpart E of 40 CFR part 721
if EPA makes one of the determinations set forth in Sec.  721.185.
Amendments may occur on EPA's initiative or in response to a written
request. Under Sec.  721.185(b)(3), if EPA concludes that a SNUR should
be amended, the Agency will propose the changes in the Federal
Register, briefly describe the grounds for the action, and provide
interested parties an opportunity to comment. Pursuant to Sec.  721.185
and as described in Unit IV. of the proposed rule for the five chemical
substances, EPA determined, based on new information, that there is no
need to require additional notice from persons who propose to engage in
identical or similar activities, or a rational basis no longer exists
for the findings that activities involving the substance may present an
unreasonable risk of injury to human health or the environment required
under section 5(e)(1)(A) of the Act.

III. Response to Comments on Proposed SNURs

    Comment 1: One commenter stated that for the chemical substance
subject to 40 CFR 721.5575 SNUR requirements should be excluded when
the substance is incorporated or encapsulated in plastic as there would
no longer be exposure.
    Response: EPA reviewed uses of the chemical substance during PMN/
SNUN reviews where it was incorporated or encapsulated into plastic.
EPA estimated limited human and environmental exposures that were not
expected to cause an unreasonable risk. Therefore, the final SNUR will
remove from the scope of the SNUR any use where the chemical substance
is incorporated or encapsulated into plastic.
    Comment 2: One commenter stated that, for the chemical substance
subject to 40 CFR 721.9675, one of the SNUN submitters cited in the
proposed rule was actually manufacturing a different chemical
substance, which was instead the subject of P-06-0149 and a SNUR at 40
CFR 721.10553.
    Response: Each of the SNUNs cited in the proposed SNUR modification
were

submitted to EPA pertained to the chemical substance titanate
[Ti6O13 (2-)], dipotassium, which is the chemical
substance subject to 40 CFR 721.9675. But regardless of whether any of
the SNUN submitters are manufacturing or processing a different
chemical substance, any manufacturer and processor who is manufacturing
potassium titanium oxide (which was the chemical substance submitted
for P-06-149 and subject to the SNUR at 40 CFR 721.10553) is subject to
the requirements of the SNUR at 40 CFR 721.10553.
    Comment 3: EPA proposed to modify the SNUR at 40 CFR 721.10515 to
include P-10-184, because P-10-184 pertains to the same chemical
substance as P-10-60, which is already the subject of 40 CFR 721.10515.
A commenter asked EPA to clarify if the SNUR would require the PMN
submitter of P-10-184 to conduct the same triggered testing required in
the consent order for P-10-60.
    Response: The consent order for P-10-60 requires certain fate and
physical property testing to be conducted at five different aggregate
production volume limits. The consent order for P-10-184 does not
require any testing to be conducted by production volume limits. The
SNUR, however, requires notification before exceeding the manufacture
of the five aggregate production volume limits. While the SNUR does not
require the submitter of P-10-184, or any other manufacturer, to
conduct testing, the SNUR does require that a SNUN be submitted before
exceeding the aggregate production volume limit. If EPA receives a SNUN
from the submitter of P-10-184, or any other manufacturer, EPA will
then determine what testing, if any, would be required. This could be
the testing required in the consent order for P-10-60 or other
appropriate testing. This is the same procedure EPA uses for SNURs of
consent orders with testing requirements at certain production volume
or time limits.

IV. Applicability of the Rule to Uses Occurring Before Effective Date
of the Final Rule

    To establish a significant ``new'' use, EPA must determine that the
use is not ongoing. As discussed in the Federal Register issue of April
24, 1990 (55 FR 17376) (FRL-3658-5), EPA has decided that the intent of
TSCA section 5(a)(1)(B) is best served by designating a use as a
significant new use as of the date of publication of the proposed SNUR
rather than as of the effective date of the final rule. If uses begun
after publication were considered ongoing rather than new, it would be
difficult for EPA to establish SNUR notice requirements, because a
person could defeat the SNUR by initiating the proposed significant new
use before the rule became effective, and then argue that the use was
ongoing as of the effective date of the final rule.
    Thus, any persons who begin commercial manufacture or processing
activities with the chemical substances that are not currently a
significant new use under the current rule but which would be regulated
as a ``significant new use'' when this rule is finalized, must cease
any such activity as of the effective date of the rule if and when
finalized. To resume their activities, these persons would have to
comply with all applicable SNUR notice requirements and wait until the
notice review period, including all extensions, expires.
    EPA has promulgated provisions to allow persons to comply with this
SNUR before the effective date. If a person were to meet the conditions
of advance compliance under Sec.  721.45(h), the person would be
considered to have met the requirements of the final SNUR for those
activities.

V. Test Data and Other Information

    EPA recognizes that TSCA section 5 does not require the development
of any particular test data before submission of a SNUN. The two
exceptions are:
    1. Development of test data is required where the chemical
substance subject to the SNUR is also subject to a test rule under TSCA
section 4 (see TSCA section 5(b)(1)).
    2. Development of test data may be necessary where the chemical
substance has been listed under TSCA section 5(b)(4) (see TSCA section
5(b)(2)).
    In the absence of a TSCA section 4 test rule or a TSCA section
5(b)(4) listing covering the chemical substance, persons are required
only to submit test data in their possession or control and to describe
any other data known to or reasonably ascertainable by them (see 40 CFR
720.50). However, upon review of PMNs and SNUNs, the Agency has the
authority to require appropriate testing. In this case, EPA recommends
persons, before performing any testing, to consult with the Agency
pertaining to protocol selection. To access the OCSPP test guidelines
referenced in this document electronically, please go to http://www.epa.gov/ocspp and select ``Test Methods and Guidelines.'' The
Organisation for Economic Co-operation and Development (OECD) test
guidelines are available from the OECD Bookshop at http://www.oecdbookshop.org or SourceOECD at http://www.sourceoecd.org. ASTM
International standards are available at http://www.astm.org/Standard/index.shtml.
    The recommended testing specified in Unit IV. of the proposed rule
may not be the only means of addressing the potential risks of the
chemical substance. However, SNUNs submitted without any test data may
increase the likelihood that EPA will take action under TSCA section
5(e), particularly if satisfactory test results have not been obtained
from a prior PMN or SNUN submitter. EPA recommends that potential SNUN
submitters contact EPA early enough so that they will be able to
conduct the appropriate tests.
    SNUN submitters should be aware that EPA will be better able to
evaluate SNUNs which provide detailed information on the following:
     Human exposure and environmental release that may result
from the significant new use of the chemical substances.
     Potential benefits of the chemical substances.
     Information on risks posed by the chemical substances
compared to risks posed by potential substitutes.

VI. SNUN Submissions

    According to 40 CFR 721.1(c), persons submitting a SNUN must comply
with the same notice requirements and EPA regulatory procedures as
persons submitting a PMN, including submission of test data on health
and environmental effects as described in 40 CFR 720.50. SNUNs must be
on EPA Form No. 7710-25, generated using e-PMN software, and submitted
to the Agency in accordance with the procedures set forth in Sec. Sec.
721.25 and 720.40. E-PMN software is available electronically at http://www.epa.gov/opptintr/newchems.

VII. Economic Analysis

    EPA evaluated the potential costs of SNUN requirements for
potential manufacturers and processors of the chemical substances in
the rule. The Agency's complete Economic Analysis is available in the
docket under docket ID number EPA-HQ-OPPT-2014-0649.

VIII. Statutory and Executive Order Reviews

A. Executive Order 12866

    This action will modify SNURs for five chemical substances that
were the subject of PMNs. The Office of Management and Budget (OMB) has
exempted these types of actions from review under Executive Order
12866, entitled Regulatory Planning and Review (58 FR 51735, October 4,
1993).

B. Paperwork Reduction Act (PRA)

    According to PRA, 44 U.S.C. 3501 et seq., an Agency may not conduct
or sponsor, and a person is not required to respond to a collection of
information that requires OMB approval under PRA, unless it has been
approved by OMB and displays a currently valid OMB control number. The
OMB control numbers for EPA's regulations in title 40 of the CFR, after
appearing in the Federal Register, are listed in 40 CFR part 9, and
included on the related collection instrument or form, if applicable.
EPA is amending the table in 40 CFR part 9 to list the OMB approval
number for the information collection requirements contained in this
rule. This listing of the OMB control numbers and their subsequent
codification in the CFR satisfies the display requirements of PRA and
OMB's implementing regulations at 5 CFR part 1320. This Information
Collection Request (ICR) was previously subject to public notice and
comment prior to OMB approval, and given the technical nature of the
table, EPA finds that further notice and comment to amend it is
unnecessary. As a result, EPA finds that there is ``good cause'' under
section 553(b)(3)(B) of the Administrative Procedure Act, 5 U.S.C.
553(b)(3)(B), to amend this table without further notice and comment.
    The information collection requirements related to this action have
already been approved by OMB pursuant to PRA under OMB control number
2070-0012 (EPA ICR No. 574). This action does not impose any burden
requiring additional OMB approval. If an entity were to submit a SNUN
to the Agency, the annual burden is estimated to average between 30 and
170 hours per response. This burden estimate includes the time needed
to review instructions, search existing data sources, gather and
maintain the data needed, and complete, review, and submit the required
SNUN.
    Send any comments about the accuracy of the burden estimate, and
any suggested methods for minimizing respondent burden, including
through the use of automated collection techniques, to the Director,
Collection Strategies Division, Office of Environmental Information
(2822T), Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001. Please remember to include the OMB control
number in any correspondence, but do not submit any completed forms to
this address.

C. Regulatory Flexibility Act (RFA)

    On February 18, 2012, EPA certified pursuant to RFA section 605(b)
(5 U.S.C. 601 et seq.), that promulgation of a SNUR does not have a
significant economic impact on a substantial number of small entities
where the following are true:
    1. A significant number of SNUNs would not be submitted by small
entities in response to the SNUR.
    2. The SNUN submitted by any small entity would not cost
significantly more than $8,300.
    A copy of that certification is available in the docket for this
rule.
    This rule is within the scope of the February 18, 2012
certification. Based on the Economic Analysis discussed in Unit VI and
EPA's experience promulgating SNURs (discussed in the certification),
EPA believes that the following are true:
     A significant number of SNUNs would not be submitted by
small entities in response to the SNUR.
     Submission of the SNUN would not cost any small entity
significantly more than $8,300.
    Therefore, the promulgation of the SNUR would not have a
significant economic impact on a substantial number of small entities.

D. Unfunded Mandates Reform Act (UMRA)

    Based on EPA's experience with proposing and finalizing SNURs,
State, local, and Tribal governments have not been impacted by these
rulemakings, and EPA does not have any reasons to believe that any
State, local, or Tribal government will be impacted by this final rule.
As such, EPA has determined that this rule would not impose any
enforceable duty, contain any unfunded mandate, or otherwise have any
effect on small governments subject to the requirements of sections
202, 203, 204, or 205 of the UMRA sections 202, 203, 204, or 205 (2
U.S.C. 1501 et seq.).

E. Executive Order 13132

    This action would 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).

F. Executive Order 13175

    This rule would not have Tribal implications because it is not
expected to have substantial direct effects on Indian Tribes. This rule
would not significantly nor uniquely affect the communities of Indian
Tribal governments, nor does it involve or impose any requirements that
affect Indian Tribes. Accordingly, the requirements of Executive Order
13175, entitled ``Consultation and Coordination with Indian Tribal
Governments'' (65 FR 67249, November 9, 2000), do not apply to this
rule.

G. Executive Order 13045

    This action is not subject to Executive Order 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because this is not an
economically significant regulatory action as defined by Executive
Order 12866, and this action does not address environmental health or
safety risks disproportionately affecting children.

H. Executive Order 13211

    This action is not subject to Executive Order 13211, entitled
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001), because
this action is not expected to affect energy supply, distribution, or
use and because this action is not a significant regulatory action
under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    In addition, since this action does not involve any technical
standards, NTTAA section 12(d) (15 U.S.C. 272 note), does not apply to
this action.

J. Executive Order 12898

    This action does not entail special considerations of environmental
justice related issues as delineated by Executive Order 12898, entitled
``Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations'' (59 FR 7629, February 16,
1994).

IX. Congressional Review Act (CRA)

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
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 action is not a ``major rule''
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 721

    Environmental protection, Chemicals, Hazardous substances,
Reporting and recordkeeping requirements.

    Dated: November 2, 2015.
Maria J. Doa,
Director, Chemical Control Division, Office of Pollution Prevention and
Toxics.

    Therefore, 40 CFR chapter I is amended as follows:

PART 721--[AMENDED]

0
1. The authority citation for part 721 continues to read as follows:

    Authority:  15 U.S.C. 2604, 2607, and 2625(c).

0
2. Amend Sec.  721.5575 by revising paragraphs (a)(1) and (a)(2)(iii)
to read as follows:

Sec.  721.5575  Oxirane, 2,2'-(1,6-hexanediylbis (oxymethylene)) bis-.

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as oxirane, 2,2'-(1,6-
hexanediylbis(oxymethylene))bis- (PMN P-88-2179; PMN P-89-539; and SNUN
S-08-3; CAS No. 16096-31-4) is subject to reporting under this section
for the significant new uses described in paragraph (a)(2) of this
section. The reporting requirements of this rule do not apply once the
chemical substance has been incorporated or encapsulated into plastic.
    (2) * * *
    (iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(q). A significant new use of the chemical
substance is any commercial use other than the commercial use described
in S-08-3.
* * * * *

0
3. Amend Sec.  721.9675 by revising paragraphs (a)(1) and (a)(2)(i),
remove and reserve paragraph (a)(2)(ii), and revise paragraph (b)(1).
    The revisionso read as follows:

Sec.  721.9675  Titanate [Ti6O13 (2-)],
dipotassium.

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as titanate
[Ti6O13 (2-)], dipotassium (PMN P-90-226; SNUNs
P-96-1408, S-08-6, S-09-4, and S-13-49; CAS No. 12056-51-8)) is subject
to reporting under this section for the significant new uses described
in paragraph (a)(2) of this section.
    (2) * * *
    (i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80 (f) and (l). In addition, a significant
new use of the substance is importation of the chemical substance if:
    (A) Manufactured by other than the method described in
premanufacture notice P-90-226 and significant new use notices P-96-
1408, S-08-6, S-09-4, and S-13-49.
    (B) Manufactured producing respirable, acicular fibers with an
average aspect ratio of greater than 5. The average aspect ratio is
defined as the ratio of average length to average diameter.
* * * * *
    (b) * * *
    (1) Recordkeeping. The following recordkeeping requirements are
applicable to manufacturers and processors of this substance as
specified in Sec.  721.125 (a), (b), (c) and (i).
* * * * *

0
4. Amend Sec.  721.10515 by revising paragraphs (a)(1) and (a)(2)(i) to
read as follows:

Sec.  721.10515  Partially fluorinated alcohol substituted glycols
(generic).

    (a) * * *
    (1) The chemical substances identified generically as partially
fluorinated alcohol substituted glycols (PMNs P-10-58, P-10-59, P-10-
60, and P-10-184) are subject to reporting under this section for the
significant new uses described in paragraph (a)(2) of this section.
    (2) * * *
    (i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(k) (manufacture of the PMN substances
according to the chemical synthesis and composition section of the TSCA
section 5(e) consent order, including analysis, reporting, and
limitations of maximum impurity levels of certain fluorinated
impurities; manufacture and import of P-10-60 and P-10-184 other than
when the mean number of moles of the ethoxy group is between 3 and 11
or the average number molecular weight is between 496 and 848 daltons
based on the amounts of raw materials charged to the reactor;
manufacture and import of P-10-58 and P-10-59 only as intermediates for
the manufacture of P-10-60), and (q).
* * * * *
[FR Doc. 2015-28844 Filed 11-12-15; 8:45 am]
 BILLING CODE 6560-50-P


CHECK OF METAL PRODUCTS AND MACHINERY AND METAL FINISHING POINT SOURCE CATEGORY ASSIGNMENT In the RSEI model analysis, some SIC codes fall in more than one point source category. In these cases, the RSEI results are either distributed among applicable point source categories or counted in each point source category in which they are regulated, depending on the specific SIC code. The majority of overlapping SIC codes among point source categories occurs between the Metal Products and Machinery ( MP& M, 40 CFR Part 438) and Metal Finishing ( 40 CFR Part 433) point source categories. EAD determined it would be inappropriate to double count RSEI model results for these SIC codes because the final MP& M rule at § 438.1( b) specifically excludes both metal bearing wastewaters and wastewaters subject to other effluent guidelines ( e. g., Metal Finishing). To more accurately represent the applicability of these two point source categories in the RSEI analysis, EAD developed a methodology to distribute the RSEI model results by allocating only organic chemical releases to MP& M and all other releases to Metal Finishing. Although EAD believes this simplified methodology reasonably distributes releases, EPA acknowledges that the MP& M allocation is somewhat overestimated at the expense of the Metal Finishing allocation because commingled metal bearing and organic bearing wastewaters are regulated only under Metal Finishing.

The attached tables demonstrate how the RSEI model results for these shared SIC codes were distributed between the MP& M and Metal Finishing point source categories.

Tables 1a and 1b present the RSEI model rankings values for the MP& M and Metal Finishing point source categories prior to redistribution. Each table lists the ranking values ( TRI Pounds Discharged and TWF Hazard) that are associated with SIC codes that belong only to that point source category, as well as SIC codes that are shared between the two point source categories. These values sum to the total ranking value prior to redistribution. Note that there are no ranking values associated with SIC codes that belong only to MP& M; this is because every SIC code that falls within the MP& M point source category also falls under Metal Finishing.

Tables 2a and 2b present SIC codes and their associated point source categories. Table 2a lists those SIC codes that fall under both the MP& M and Metal Finishing point source categories; ranking values from these SIC codes were redistributed as demonstrated in this document. Table 2b lists those SIC codes that fall under Metal Finishing but not under MP& M; ranking values from these SIC codes remain under Metal Finishing. As stated above, there are no SIC codes belonging to MP& M and not Metal Finishing.

Table 3 presents all chemicals, along with the associated ranking values, that are discharged from facilities within the Metal Finishing only SIC codes listed in Table 2b. The summed ranking values from these chemicals constitute part of the final point source category ranking values for Metal Finishing ( to these were added the redistributed values from shared SIC codes).

Table 4 lists the chemicals that are expected to be controlled by the MP& M regulation. MP& M regulates only direct discharges; therefore, when calculating the ranking values to be redistributed to MP& M, EPA considered direct discharges of the chemicals in Table 4 from the shared SIC codes in Table 2a.

Table 5 lists the ranking values for all chemicals discharged from the shared SIC codes in Table 2a, broken out by discharge destination ( i. e., direct vs. POTW transfer). The ranking values associated with direct discharges of the chemicals in Table 4 ( these values are presented towards the top of the table) were summed to create the ranking values for the MP& M Point Source Category. Ranking values associated with all other discharges from these SIC codes were distributed to the Metal Finishing Point Source Category.

Tables 6a and 6b present the RSEI model rankings values for the MP& M and Metal Finishing point source categories after redistribution. Tables 1a and 1b: Ranking Values Before Redistribution TRI Pounds Discharged TWF Hazard 1,549,731 111,457 ( from MF only SIC Codes) 8,689,038 731,478 ( redistributed from shared SIC Codes) 10,238,769 842,935 TOTAL TRI Pounds Discharged TWF Hazard 0 0 ( from MP& M only SIC Codes) 8,689,038 731,478 ( redistributed from shared SIC Codes) 8,689,038 731,478 TOTAL Table 1a. Metal Finishing Table 1b. MP& M SIC Code Point Source 1 Point Source 2 2522 Metal Products and Machinery Metal Finishing 2531 Metal Products and Machinery Metal Finishing 2542 Metal Products and Machinery Metal Finishing 2591 Metal Products and Machinery Metal Finishing 2796 Metal Products and Machinery Metal Finishing 3398 Metal Products and Machinery Metal Finishing 3412 Metal Products and Machinery Metal Finishing 3421 Metal Products and Machinery Metal Finishing 3423 Metal Products and Machinery Metal Finishing 3425 Metal Products and Machinery Metal Finishing 3429 Metal Products and Machinery Metal Finishing 3432 Metal Products and Machinery Metal Finishing 3433 Metal Products and Machinery Metal Finishing 3441 Metal Products and Machinery Metal Finishing 3442 Metal Products and Machinery Metal Finishing 3443 Metal Products and Machinery Metal Finishing 3444 Metal Products and Machinery Metal Finishing 3446 Metal Products and Machinery Metal Finishing 3448 Metal Products and Machinery Metal Finishing 3449 Metal Products and Machinery Metal Finishing 3451 Metal Products and Machinery Metal Finishing 3452 Metal Products and Machinery Metal Finishing 3462 Metal Products and Machinery Metal Finishing 3465 Metal Products and Machinery Metal Finishing 3468 Metal Products and Machinery Metal Finishing 3482 Metal Products and Machinery Metal Finishing 3483 Metal Products and Machinery Metal Finishing 3484 Metal Products and Machinery Metal Finishing 3492 Metal Products and Machinery Metal Finishing 3493 Metal Products and Machinery Metal Finishing 3494 Metal Products and Machinery Metal Finishing 3495 Metal Products and Machinery Metal Finishing 3496 Metal Products and Machinery Metal Finishing 3497 Metal Products and Machinery Metal Finishing 3498 Metal Products and Machinery Metal Finishing 3499 Metal Products and Machinery Metal Finishing 3511 Metal Products and Machinery Metal Finishing 3519 Metal Products and Machinery Metal Finishing 3523 Metal Products and Machinery Metal Finishing 3524 Metal Products and Machinery Metal Finishing 3531 Metal Products and Machinery Metal Finishing 3532 Metal Products and Machinery Metal Finishing 3533 Metal Products and Machinery Metal Finishing 3534 Metal Products and Machinery Metal Finishing 3535 Metal Products and Machinery Metal Finishing 3537 Metal Products and Machinery Metal Finishing 3541 Metal Products and Machinery Metal Finishing 3544 Metal Products and Machinery Metal Finishing 3545 Metal Products and Machinery Metal Finishing 3546 Metal Products and Machinery Metal Finishing 3547 Metal Products and Machinery Metal Finishing 3548 Metal Products and Machinery Metal Finishing 3552 Metal Products and Machinery Metal Finishing 3553 Metal Products and Machinery Metal Finishing 3554 Metal Products and Machinery Metal Finishing 3555 Metal Products and Machinery Metal Finishing 3556 Metal Products and Machinery Metal Finishing 3559 Metal Products and Machinery Metal Finishing 3561 Metal Products and Machinery Metal Finishing 3562 Metal Products and Machinery Metal Finishing 3563 Metal Products and Machinery Metal Finishing 3564 Metal Products and Machinery Metal Finishing 3565 Metal Products and Machinery Metal Finishing 3566 Metal Products and Machinery Metal Finishing 3567 Metal Products and Machinery Metal Finishing 3568 Metal Products and Machinery Metal Finishing 3569 Metal Products and Machinery Metal Finishing 3571 Metal Products and Machinery Metal Finishing 3572 Metal Products and Machinery Metal Finishing 3577 Metal Products and Machinery Metal Finishing Table 2a. Shared SIC Codes ( Values to be redistributed) 3579 Metal Products and Machinery Metal Finishing 3581 Metal Products and Machinery Metal Finishing 3582 Metal Products and Machinery Metal Finishing 3585 Metal Products and Machinery Metal Finishing 3589 Metal Products and Machinery Metal Finishing 3592 Metal Products and Machinery Metal Finishing 3593 Metal Products and Machinery Metal Finishing 3594 Metal Products and Machinery Metal Finishing 3599 Metal Products and Machinery Metal Finishing 3612 Metal Products and Machinery Metal Finishing 3613 Metal Products and Machinery Metal Finishing 3621 Metal Products and Machinery Metal Finishing 3629 Metal Products and Machinery Metal Finishing 3634 Metal Products and Machinery Metal Finishing 3641 Metal Products and Machinery Metal Finishing 3643 Metal Products and Machinery Metal Finishing 3644 Metal Products and Machinery Metal Finishing 3645 Metal Products and Machinery Metal Finishing 3646 Metal Products and Machinery Metal Finishing 3647 Metal Products and Machinery Metal Finishing 3648 Metal Products and Machinery Metal Finishing 3651 Metal Products and Machinery Metal Finishing 3661 Metal Products and Machinery Metal Finishing 3663 Metal Products and Machinery Metal Finishing 3669 Metal Products and Machinery Metal Finishing 3675 Metal Products and Machinery Metal Finishing 3678 Metal Products and Machinery Metal Finishing 3679 Metal Products and Machinery Metal Finishing 3694 Metal Products and Machinery Metal Finishing 3699 Metal Products and Machinery Metal Finishing 3711 Metal Products and Machinery Metal Finishing 3713 Metal Products and Machinery Metal Finishing 3714 Metal Products and Machinery Metal Finishing 3715 Metal Products and Machinery Metal Finishing 3716 Metal Products and Machinery Metal Finishing 3721 Metal Products and Machinery Metal Finishing 3724 Metal Products and Machinery Metal Finishing 3728 Metal Products and Machinery Metal Finishing 3731 Metal Products and Machinery Metal Finishing 3732 Metal Products and Machinery Metal Finishing 3743 Metal Products and Machinery Metal Finishing 3751 Metal Products and Machinery Metal Finishing 3761 Metal Products and Machinery Metal Finishing 3769 Metal Products and Machinery Metal Finishing 3792 Metal Products and Machinery Metal Finishing 3799 Metal Products and Machinery Metal Finishing 3812 Metal Products and Machinery Metal Finishing 3821 Metal Products and Machinery Metal Finishing 3822 Metal Products and Machinery Metal Finishing 3823 Metal Products and Machinery Metal Finishing 3824 Metal Products and Machinery Metal Finishing 3825 Metal Products and Machinery Metal Finishing 3826 Metal Products and Machinery Metal Finishing 3827 Metal Products and Machinery Metal Finishing 3841 Metal Products and Machinery Metal Finishing 3842 Metal Products and Machinery Metal Finishing 3843 Metal Products and Machinery Metal Finishing 3844 Metal Products and Machinery Metal Finishing 3845 Metal Products and Machinery Metal Finishing 3851 Metal Products and Machinery Metal Finishing 3861 Metal Products and Machinery Metal Finishing 3873 Metal Products and Machinery Metal Finishing 3911 Metal Products and Machinery Metal Finishing 3914 Metal Products and Machinery Metal Finishing 3915 Metal Products and Machinery Metal Finishing 3931 Metal Products and Machinery Metal Finishing 3949 Metal Products and Machinery Metal Finishing 3951 Metal Products and Machinery Metal Finishing 3953 Metal Products and Machinery Metal Finishing 3961 Metal Products and Machinery Metal Finishing 3965 Metal Products and Machinery Metal Finishing 3993 Metal Products and Machinery Metal Finishing 3995 Metal Products and Machinery Metal Finishing 3999 Metal Products and Machinery Metal Finishing SIC Code Point Source 1 Point Source 2 3431 Porcelain Enameling Metal Finishing 3469 Porcelain Enameling Metal Finishing 3479 Porcelain Enameling Metal Finishing 3491 Metal Finishing 3624 Metal Finishing 3625 Metal Finishing 3631 Porcelain Enameling Metal Finishing 3632 Porcelain Enameling Metal Finishing 3633 Porcelain Enameling Metal Finishing 3639 Porcelain Enameling Metal Finishing 3652 Metal Finishing 3672 Metal Finishing 3695 Metal Finishing Note: There are no SIC codes categorized as MP& M, but not Metal Finishing Table 2b. Metal Finishing SIC Codes ( values to remain in Metal Finishing) Table 3. Values to Stay in Metal Finishing CAS Number Chemical TotalTRIPounds Discharged TWF Hazard 100414 Ethylbenzene 30.49770951 0.0430747 100425 Styrene 750 10.47408619 107211 Ethylene glycol 3890.638872 5.197634157 108101 Methyl isobutyl ketone 19.7625005 0.00250217 108883 Toluene 44.91066408 0.252749134 108952 Phenol 25.01750011 0.700520358 109864 2 Methoxyethanol 3541.034298 0.377726541 111422 Diethanolamine 3.652063784 0.006391112 127184 Tetrachloroethylene ( Perchloroethylene) 33.43250063 0.420299763 128041 Sodium dimethyldithiocarbamate 7571.342993 632.8286681 1330207 Xylene ( mixed isomers) 270.2179998 1.143882643 191242 Benzo( g, h, i) perylene 3 0.9 50000 Formaldehyde 6335.014375 14.73683639 554132 Lithium carbonate 5 62566 Thiourea 3701.844315 115.1684898 67561 Methanol 2769.532607 0.025658702 71363 n Butyl alcohol 262.3954891 0.020502686 7429905 Aluminum ( fume or dust) 252.0749904 16.25579587 7439921 Lead 191.7167981 429.4456279 7439965 Manganese 920.431 64.82870713 7440020 Nickel 1232.749193 134.264025 7440224 Silver 1.67650004 27.61302901 7440473 Chromium 541.3560078 40.97048439 7440484 Cobalt 61.146 6.988114286 7440508 Copper 5048.44464 3164.881163 7440622 Vanadium 46.3692 28.85194667 7440666 Zinc ( fume or dust) 184.4049914 8.620589126 7632000 Sodium nitrite 235309.4218 87848.85081 7647010 Hydrochloric acid 0 0 7664393 Hydrogen fluoride 5 7664417 Ammonia 88901.77345 133.8306267 7664939 Sulfuric acid 0 0 7697372 Nitric acid 5 7782414 Fluorine 9.907500001 7782505 Chlorine 130.5129 63.55756284 78933 Methyl ethyl ketone 302.8540076 0.007524227 79016 Trichloroethylene 10 0.064403044 872504 N methyl 2 pyrrolidone 2926.842853 95636 1,2,4 Trimethylbenzene 0.294472279 0.008123373 N010 Antimony compounds 11.849 0.0568752 N040 Barium compounds 55.3056003 0.110100022 N090 Chromium compounds 1317.620003 674.4425645 N096 Cobalt compounds 109.513 12.51577143 N100 Copper compounds 12551.25783 7868.411426 N106 Cyanide compounds 177.8642999 0.467441609 N230 Glycol ethers 80042.34255 8.538216408 N420 Lead compounds 712.823201 1596.72397 N450 Manganese compounds 1268.184 89.3219906 N495 Nickel compounds 2519.522007 274.4119952 N511 Nitrate compounds 1037360 64.31632 N590 Polycyclic aromatic compounds 1.367965881 5859.763929 N982 Zinc compounds 48263.66645 2256.236314 TOTAL 1,549,731 111,457 Table 4. The 48 MP& M Chemicals CASNumber FullChemicalName 100027 4 Nitrophenol 100414 Ethylbenzene 100425 Styrene 100754 N Nitrosopiperidine 105679 2,4 Dimethylphenol 106423 p Xylene 106445 p Cresol 107028 Acrolein 108101 Methyl isobutyl ketone 108383 m Xylene 108883 Toluene 108907 Chlorobenzene 108952 Phenol 110861 Pyridine 117817 Di( 2 ethylhexyl) phthalate ( Bis( 2 ethylhexyl) phthalate) 120127 Anthracene 122394 Diphenylamine 123911 1,4 Dioxane 127184 Tetrachloroethylene ( Perchloroethylene) 131113 Dimethyl phthalate 132649 Dibenzofuran 1330207 Xylene ( mixed isomers) 51285 2,4 Dinitrophenol 606202 2,6 Dinitrotoluene 62533 Aniline 62759 N Nitrosodimethylamine 67663 Chloroform 68122 N, N Dimethylformamide 71556 1,1,1 Trichloroethane 75003 Chloroethane ( Ethyl chloride) 75092 Dichloromethane 75150 Carbon disulfide 75343 Ethylidene dichloride 75354 Vinylidene chloride 75694 CFC 11 78933 Methyl ethyl ketone 79016 Trichloroethylene 80626 Methyl methacrylate 84742 Dibutyl phthalate 85018 Phenanthrene 86306 N Nitrosodiphenylamine 88755 2 Nitrophenol 91203 Naphthalene 92524 Biphenyl 95476 o Xylene 95487 o Cresol 98862 Acetophenone N590 Polycyclic aromatic compounds Values from direct discharges of these chemicals from facilities in the shared SIC codes will become the new MP& M ranking values. Table 5. Discharges of All Chemicals from Shared SIC Codes CAS Number Chemical MediaText TRI Pounds Discharged TWF Hazard MP& M? 100414 Ethylbenzene 3 Direct Water 12 0.016948696 Y 100425 Styrene 3 Direct Water 406 5.669971993 Y 108101 Methyl isobutyl ketone 3 Direct Water 1706 0.216000061 Y 108883 Toluene 3 Direct Water 845 4.7555079 Y 108952 Phenol 3 Direct Water 326 9.128395547 Y 110861 Pyridine 3 Direct Water 200 0.2528 Y 117817 Di( 2 ethylhexyl) phthalate 3 Direct Water 5 0.4732 Y 123911 Dioxane 3 Direct Water 5000 1.163213614 Y 127184 Tetrachloroethylene ( Perchloroethylene) 3 Direct Water 267 3.356615106 Y 1330207 Xylene ( mixed isomers) 3 Direct Water 1834 7.763660332 Y 62533 Aniline 3 Direct Water 7 9.84128852 Y 67663 Chloroform 3 Direct Water 1 0.002078389 Y 68122 N, N Dimethylformamide 3 Direct Water 95 0.000751766 Y 75092 Dichloromethane 3 Direct Water 2727 1.152917755 Y 78933 Methyl ethyl ketone 3 Direct Water 5556 0.138035495 Y 79016 Trichloroethylene 3 Direct Water 32 0.20608974 Y 80626 Methyl methacrylate 3 Direct Water 5 0.001478226 Y 84742 Dibutyl phthalate 3 Direct Water 47 0.5481516 Y MP& M Subtotals: 91203 Naphthalene 3 Direct Water 5 0.077040676 Y Lbs TWF 92524 Biphenyl 3 Direct Water 2 0.057764452 Y 19078 44.82191 100414 Ethylbenzene 6 POTW Transfer 111.9859411 0.158167969 N 100425 Styrene 6 POTW Transfer 14.10360019 0.196963099 N 107062 1,2 Dichloroethane 3 Direct Water 1 0.006187491 N 107131 Acrylonitrile 3 Direct Water 1 0.8536 N 107211 Ethylene glycol 3 Direct Water 66375 88.672575 N 107211 Ethylene glycol 6 POTW Transfer 136067.5588 181.7771874 N 108054 Vinyl acetate 3 Direct Water 1 0.00400104 N 108101 Methyl isobutyl ketone 6 POTW Transfer 74.78750107 0.009468995 N 108883 Toluene 6 POTW Transfer 471.5367695 2.653724062 N 108952 Phenol 6 POTW Transfer 438.8150081 12.28735266 N 109864 2 Methoxyethanol 6 POTW Transfer 0.397003662 4.23489E 05 N 110543 n Hexane 3 Direct Water 1 0.028595604 N 110543 n Hexane 6 POTW Transfer 0.152984705 0.00437469 N 110827 Cyclohexane 3 Direct Water 1 0.009003215 N 110827 Cyclohexane 6 POTW Transfer 0.563099914 0.00506971 N 111422 Diethanolamine 3 Direct Water 43 0.07525 N 111422 Diethanolamine 6 POTW Transfer 2346.927369 4.107122896 N 1163195 Decabromodiphenyl ether 6 POTW Transfer 47.21142274 0.405496882 N 117817 Di( 2 ethylhexyl) phthalate 6 POTW Transfer 0.197400001 0.018681936 N 120809 Catechol 3 Direct Water 9 0.144 N 121697 N, N Dimethylaniline 3 Direct Water 670 2.286952796 N 123319 Hydroquinone 3 Direct Water 120 152.7893607 N 123319 Hydroquinone 6 POTW Transfer 398.7996985 507.7695916 N 123911 Dioxane 6 POTW Transfer 61666.86752 14.34634797 N 128041 Sodium dimethyldithiocarbamate 6 POTW Transfer 133.5569008 11.16296484 N 131113 Dimethyl phthalate 6 POTW Transfer 0.156400003 0.00051523 N 1313275 Molybdenum trioxide 3 Direct Water 255 0.204 N 1319773 Cresol ( mixed isomers) 3 Direct Water 211 0.9637214 N 1330207 Xylene ( mixed isomers) 6 POTW Transfer 289.3658955 1.224939217 N 1336363 Polychlorinated biphenyls ( PCBs) 3 Direct Water 1 12892.48 N 1344281 Aluminum oxide ( fibrous forms) 3 Direct Water 267 N 1344281 Aluminum oxide ( fibrous forms) 6 POTW Transfer 301.3205 N 140885 Ethyl acrylate 3 Direct Water 1 0.026875353 N 141322 Butyl acrylate 3 Direct Water 20 0.243478261 N 1634044 Methyl tert butyl ether 3 Direct Water 1 8.44595E 05 N 1717006 1,1 Dichloro 1 fluoroethane 3 Direct Water 5 N 26628228 Sodium azide 3 Direct Water 17 N 26628228 Sodium azide 6 POTW Transfer 41.223 N 2837890 2 Chloro 1,1,1,2 tetrafluoroethane 6 POTW Transfer 1.198380709 N 306832 2,2 Dichloro 1,1,1 trifluoroethane 3 Direct Water 750 N 50000 Formaldehyde 3 Direct Water 1 0.002326251 N 50000 Formaldehyde 6 POTW Transfer 141.5374643 0.329251732 N 56235 Carbon tetrachloride 3 Direct Water 1 0.128397059 N 67561 Methanol 3 Direct Water 38506 0.356743945 N 67561 Methanol 6 POTW Transfer 38734.20478 0.358858178 N 67630 Isopropyl alcohol 6 POTW Transfer 61.06493576 0.34196364 N 68122 N, N Dimethylformamide 6 POTW Transfer 87293.61058 0.690782619 N 71363 n Butyl alcohol 3 Direct Water 1552 0.12126797 N 71363 n Butyl alcohol 6 POTW Transfer 4074.803032 0.318391166 N This table identifies direct discharges of chemicals listed in Table 4. These values will become the MP& M Point Source Category. 71432 Benzene 3 Direct Water 1 0.018422718 N 71432 Benzene 6 POTW Transfer 0.413699995 0.007621478 N 71556 1,1,1 Trichloroethane 6 POTW Transfer 85.7500021 0.381869825 N 7429905 Aluminum ( fume or dust) 3 Direct Water 525 33.85616645 N 7429905 Aluminum ( fume or dust) 6 POTW Transfer 354.9215923 22.88816096 N 7439921 Lead 3 Direct Water 1931 4325.44 N 7439921 Lead 6 POTW Transfer 3188.561168 7142.377016 N 7439965 Manganese 3 Direct Water 11131 783.9896082 N 7439965 Manganese 6 POTW Transfer 18016.6245 1268.964728 N 7439976 Mercury 6 POTW Transfer 24.51540026 2870.180908 N 7440020 Nickel 3 Direct Water 8036 875.2353766 N 7440020 Nickel 6 POTW Transfer 27617.23111 3007.911607 N 7440224 Silver 3 Direct Water 5 82.35320118 N 7440224 Silver 6 POTW Transfer 104.6136027 1723.053015 N 7440360 Antimony 3 Direct Water 3688 17.7024 N 7440360 Antimony 6 POTW Transfer 358.8875979 1.72266047 N 7440382 Arsenic 3 Direct Water 107 371.2186667 N 7440393 Barium 3 Direct Water 5 0.009953786 N 7440393 Barium 6 POTW Transfer 159.5470047 0.317619348 N 7440439 Cadmium 3 Direct Water 19 49.62827636 N 7440439 Cadmium 6 POTW Transfer 17.83600019 46.58789193 N 7440473 Chromium 3 Direct Water 5187 392.5585003 N 7440473 Chromium 6 POTW Transfer 4698.996098 355.6257685 N 7440484 Cobalt 3 Direct Water 1751 200.1142857 N 7440484 Cobalt 6 POTW Transfer 3839.2894 438.7759314 N 7440508 Copper 3 Direct Water 11787 7389.296493 N 7440508 Copper 6 POTW Transfer 23267.80525 14586.63882 N 7440622 Vanadium 3 Direct Water 41 25.51111111 N 7440666 Zinc ( fume or dust) 3 Direct Water 3795 177.409166 N 7440666 Zinc ( fume or dust) 6 POTW Transfer 1151.238457 53.81824888 N 74851 Ethylene 6 POTW Transfer 0.047000002 1.71578E 05 N 74908 Hydrogen cyanide 6 POTW Transfer 4.635999993 4.992661181 N 75058 Acetonitrile 3 Direct Water 2900 0.247771768 N 75070 Acetaldehyde 3 Direct Water 838 1.643906124 N 75092 Dichloromethane 6 POTW Transfer 13.82250005 0.00584386 N 75218 Ethylene oxide 6 POTW Transfer 685.3228091 13.1792145 N 75456 Chlorodifluoromethane ( HCFC 22) 6 POTW Transfer 1.951881025 N 75569 Propylene oxide 6 POTW Transfer 0.392000006 0.003188827 N 75650 tert Butyl alcohol 3 Direct Water 1389 0.043945763 N 75650 tert Butyl alcohol 6 POTW Transfer 4894.34678 0.15484939 N 7632000 Sodium nitrite 3 Direct Water 79554 29700.16 N 7632000 Sodium nitrite 6 POTW Transfer 1039965.185 388253.6692 N 7647010 Hydrochloric acid 3 Direct Water 755 0.018382609 N 7647010 Hydrochloric acid 6 POTW Transfer 0 0 N 7664393 Hydrogen fluoride 6 POTW Transfer 16886.7075 N 7664417 Ammonia 3 Direct Water 33181 49.94989247 N 7664417 Ammonia 6 POTW Transfer 46489.53404 69.98424479 N 7664939 Sulfuric acid 3 Direct Water 10 0.013333333 N 7664939 Sulfuric acid 6 POTW Transfer 0 0 N 7697372 Nitric acid 3 Direct Water 221 N 7697372 Nitric acid 6 POTW Transfer 0 N 7723140 Phosphorus ( yellow or white) 3 Direct Water 3000 49800 N 7723140 Phosphorus ( yellow or white) 6 POTW Transfer 2.01 33.366 N 77736 Dicyclopentadiene 3 Direct Water 1 0.004666667 N 7782505 Chlorine 3 Direct Water 14778 7196.634692 N 7782505 Chlorine 6 POTW Transfer 1373.820001 669.0269781 N 78875 1,2 Dichloropropane 3 Direct Water 82 1.268236053 N 78922 sec Butyl alcohol 3 Direct Water 3501 0.046381831 N 78922 sec Butyl alcohol 6 POTW Transfer 114.5316326 0.001517334 N 78933 Methyl ethyl ketone 6 POTW Transfer 777.0766883 0.019306005 N 79016 Trichloroethylene 6 POTW Transfer 252.5281014 1.626357837 N 79061 Acrylamide 3 Direct Water 3 0.58056 N 79107 Acrylic acid 6 POTW Transfer 5.551051128 0.000796418 N 80626 Methyl methacrylate 6 POTW Transfer 38.86199952 0.011489362 N 84742 Dibutyl phthalate 6 POTW Transfer 0.26517369 0.003092668 N 872504 N methyl 2 pyrrolidone 6 POTW Transfer 29362.43689 N 87865 Pentachlorophenol 3 Direct Water 5 2.209866667 N 91203 Naphthalene 6 POTW Transfer 0.200500006 0.003089331 N 95501 1,2 Dichlorobenzene 6 POTW Transfer 0.262319347 0.002755157 N 95636 1,2,4 Trimethylbenzene 3 Direct Water 5 0.137931034 N 95636 1,2,4 Trimethylbenzene 6 POTW Transfer 3129.12134 86.32058869 N 98828 Cumene 3 Direct Water 1 0.002608846 N 98828 Cumene 6 POTW Transfer 92.63091344 0.241659802 N 98862 Acetophenone 6 POTW Transfer 2729.748225 0.647766673 N N010 Antimony compounds 3 Direct Water 4953 23.7744 N N010 Antimony compounds 6 POTW Transfer 1789.643697 8.590289746 N N040 Barium compounds 3 Direct Water 8128 16.18087451 N N040 Barium compounds 6 POTW Transfer 6180.200183 12.303278 N N050 Beryllium compounds 3 Direct Water 1 1.061543774 N N050 Beryllium compounds 6 POTW Transfer 0.6256 0.664101785 N N078 Cadmium compounds 6 POTW Transfer 1.592499981 4.159633114 N N084 Chlorophenols 3 Direct Water 16 7.071573333 N N090 Chromium compounds 3 Direct Water 10130 5185.184776 N N090 Chromium compounds 6 POTW Transfer 12999.11581 6653.782568 N N096 Cobalt compounds 3 Direct Water 1 0.114285714 N N096 Cobalt compounds 6 POTW Transfer 360.7614 41.22987429 N N100 Copper compounds 3 Direct Water 5821 3649.197836 N N100 Copper compounds 6 POTW Transfer 4503.632571 2823.337267 N N106 Cyanide compounds 3 Direct Water 328 0.86201024 N N106 Cyanide compounds 6 POTW Transfer 1395.1242 3.666498008 N N120 Diisocyanates 6 POTW Transfer 3345 N N150 Dioxin and dioxin like compounds 3 Direct Water 0.005908328 39388.85333 N N230 Glycol ethers 3 Direct Water 41472 4.423869912 N N230 Glycol ethers 6 POTW Transfer 312192.3021 33.30194184 N N420 Lead compounds 3 Direct Water 8405 18827.2 N N420 Lead compounds 6 POTW Transfer 1914.378381 4288.207573 N N450 Manganese compounds 3 Direct Water 3416 240.5990928 N N450 Manganese compounds 6 POTW Transfer 53899.4445 3796.299019 N N458 Mercury compounds 3 Direct Water 4 468.3065954 N N495 Nickel compounds 3 Direct Water 10438 1136.847544 N N495 Nickel compounds 6 POTW Transfer 19310.33636 2103.171916 N N511 Nitrate compounds 3 Direct Water 3905696 242.153152 N N511 Nitrate compounds 6 POTW Transfer 2295513 142.321806 N N583 Polychlorinated alkanes 3 Direct Water 5706 N N583 Polychlorinated alkanes 6 POTW Transfer 29742 N N740 Silver compounds 3 Direct Water 6171 101640.3209 N N740 Silver compounds 6 POTW Transfer 123.7257027 2037.841537 N N770 Vanadium compounds 6 POTW Transfer 2.7276 1.697173333 N MF Subtotals: N982 Zinc compounds 3 Direct Water 35824 1674.705129 N Lbs TWF N982 Zinc compounds 6 POTW Transfer 20714.16872 968.3487212 N 8,669,960 731,433 TOTAL: 8,689,038 731,478 Tables 6a and 6b: Ranking Values After Redistribution TRI Pounds Discharged TWF Hazard 1,549,731 111,457 ( from MF only SIC Codes) 8,669,960 731,433 ( redistributed from shared SIC Codes) 10,219,691 842,890 TOTAL TRI Pounds Discharged TWF Hazard 0 0 ( from MP& M only SIC Codes) 19,078 44.82 ( redistributed from shared SIC Codes) 19,078 44.82 TOTAL Table 6a. Metal Finishing Table 6b. MP& M


Memorandum

TO:	Docket for rulemaking, "National Emission Standards for Hazardous Air Pollutants: Wet-Formed Fiberglass Mat Production Residual Risk and Technology Review" (EPA-HQ-OAR-2004-0309)
DATE:		January 11, 2018
SUBJECT: 	Proposal Economic Impact Analysis for the Risk and Technology Review: Wet-Formed Fiberglass Mat Production Source Category

This document addresses the economic impacts of proposed amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Wet-Formed Fiberglass Mat Production to address the results of the residual risk and technology review that the United States Environmental Protection Agency (U.S. EPA) is required to conduct.

The costs and cost savings associated with this action are detailed in the memorandum titled Cost Impacts of Wet-Formed Fiberglass Mat Production Risk and Technology Review Proposal which can be found in the docket for this action. As described in this memorandum, these costs and cost savings are expected to be incurred during the three-year period following promulgation of the final amendments. The total annual cost incurred in each of these three years is estimated to be approximately $200 in 2016 dollars. This estimated total annual cost is comprised of estimated annual costs of about $1,390 less the estimated annual cost savings of about $1,190. Costs associated with this action relate to time for facilities to review the amended rule requirements. Cost savings associated with this action relate to the proposed removal of recordkeeping and reporting requirements specific to startup, shutdown, and malfunction events. There are no additional emission control costs or additional emission reductions associated with this rule. For further details on the costs and cost savings, please see the previously cited memorandum.

As the estimated annual cost of $200 is to be incurred in each of the three years following promulgation, the present value of the total costs over the first three years is approximately $550 in 2016 dollars under a three percent discount rate. The present value of the total costs over the first three years is approximately $510 in 2016 dollars under a seven percent discount rate.

There are currently seven existing facilities that were identified as being subject to this action, being owned by four different ultimate parent entities. One entity owns three of the facilities and a different entity owns two facilities. The remaining two facilities are each owned by entities owning only one of the seven facilities.

Each of the seven facilities is owned by an ultimate parent entity which has annual sales above one billion dollars. The one-time estimated costs are less than 0.0001 percent of sales for each of these entities, none of which are small businesses. These costs are not expected to result in business closures, significant price increases, or substantial profit loss. U.S. EPA expects that this action will not have a significant economic impact on the affected entities. Therefore, this regulation is not expected to have a significant impact on a substantial number of small entities (or SISNOSE) according to the Small Business Regulatory Enforcement Fairness Act (SBREFA). In addition, there are no impacts sufficiently significant to warrant analysis or action as required by the Unfunded Mandates Reform Act (UMRA). Finally, no impacts on employment are expected given the minimal economic impact of the action on the affected firms.


[Federal Register Volume 80, Number 173 (Tuesday, September 8, 2015)]
[Rules and Regulations]
[Pages 53735-53739]
[FR Doc No: 2015-21938]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2015-0447; FRL-9933-43-Region 10]

Approval and Promulgation of State Implementation Plans; Alaska;
Transportation Conformity State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of Alaska
(the State). The submission addresses transportation conformity and
general conformity requirements. The EPA is approving the submission in
accordance with the requirements of the Clean Air Act (the Act).

DATES: This rule is effective on November 9, 2015, without further
notice, unless the EPA receives adverse comment by October 8, 2015. If
the EPA receives adverse comment, we will publish a timely withdrawal
in the Federal Register informing the public that the rule will not
take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2015-0447, by any of the following methods:
     www.regulations.gov: Follow the on-line instructions for
submitting comments.
     Email<EMAIL_ADDRESS>     Mail: Karl Pepple, EPA Region 10, Office of Air, Waste and
Toxics, AWT-150, 1200 Sixth Avenue, Suite 900, Seattle, WA 98101
     Hand Delivery/Courier: EPA Region 10, 1200 Sixth Avenue,
Suite 900,

Seattle, WA 98101. Attention: Karl Pepple, Office of Air, Waste and
Toxics, AWT-150. Such deliveries are only accepted during normal hours
of operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R10-OAR-
2015-0447. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at www.regulations.gov, including any personal information
provided, unless the comment includes 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 www.regulations.gov
or email. The www.regulations.gov Web site is an ``anonymous access''
system, which means the EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an email comment directly to the EPA without going through
www.regulations.gov your email 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, the 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 the EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, the EPA may not
be able to consider your comment. Electronic files should avoid the use
of special characters, any form of encryption, and be free of any
defects or viruses.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Office of Air, Waste
and Toxics, EPA Region 10, 1200 Sixth Avenue, Seattle WA 98101.

FOR FURTHER INFORMATION CONTACT: Karl Pepple at telephone number: (206)
553-1778, email address<EMAIL_ADDRESS>or the above EPA, Region
10 address.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'',
``us'' or ``our'' is used, it is intended to refer to the EPA.
Information is organized as follows:

Table of Contents

I. Background
II. What is the EPA's analysis of the state's submittal?
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

    On September 27, 1995, the EPA approved the general conformity
rules in Article 7 of the Alaska Administrative Code (AAC) Title 18,
Chapter 50 into the Alaska SIP (60 FR 49765). General conformity is a
requirement of section 176(c) of the CAA to ensure that no federally
supported actions outside of highway and transit projects interfere
with the purpose of the approved SIP, i.e. the SIP's protection of the
national ambient air quality standards (NAAQS). General conformity
requirements currently apply to the following criteria pollutants:
Ozone, particulate matter, carbon monoxide, and nitrogen dioxide. The
general conformity regulation is found in 40 CFR part 93, subpart B and
in 40 CFR 51.851.
    On December 29, 1999, the EPA approved the transportation
conformity rules in Article 7 of the Alaska Administrative Code (AAC)
Title 18, Chapter 50 into the Alaska SIP (64 FR 72940). Transportation
conformity is required under section 176(c) of the Act to ensure that
federally supported highway, transit projects, and other activities are
consistent with (``conform to'') the purpose of the SIP. Transportation
conformity currently applies to areas that are designated
nonattainment, and to areas that have been redesignated to attainment
after 1990 (maintenance areas) with plans developed under section 175A
of the Act, for the following transportation related criteria
pollutants: Ozone, particulate matter (PM2.5 and
PM10), carbon monoxide, and nitrogen dioxide. The
transportation conformity regulation is found in 40 CFR part 93,
subpart A, and in 40 CFR 51.390.
    On August 10, 2005, the ``Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users'' (SAFETEA-LU)
transportation act was signed into law, and among other things, it
amended the CAA to eliminate the requirement for states to adopt and
submit general conformity SIPs. On April 5, 2010 (75 FR 17254), the EPA
updated the general conformity SIP regulations to be consistent with
the transportation act by eliminating the Federal regulatory
requirement for states to adopt and submit general conformity SIPs. See
40 CFR 51.851. On May 7, 2015, with a supplementary letter received
July 29, 2015, the Alaska Department of Environmental Conservation
(ADEC) submitted a request to update the transportation conformity
regulations and to remove the general conformity regulations from the
Alaska SIP.

II. What is the EPA's analysis of the state's submittal?

    We reviewed the State of Alaska's (the State) transportation
conformity and general conformity SIP submittal to ensure consistency
with the current CAA, as amended by the transportation act, and EPA
regulations governing state procedures for both transportation and
general conformity.
    Alaska's submittal revises transportation conformity criteria and
procedures related to interagency consultation, and enforceability of
certain transportation related control and mitigation measures.
Alaska's SIP revision updates the State's transportation conformity
provisions, Article 7 of the Alaska Administrative Code (AAC) Title 18,
Chapter 50 (18 AAC 50), to be consistent with the Act as amended by
SAFETEA-LU and EPA regulations (40 CFR part 93 and 40 CFR 51.390). The
EPA has reviewed the submittal to assure consistency with the Act as
amended by SAFETEA-LU and EPA regulations (40 CFR part 93 and 40 CFR
51.390) governing state procedures for transportation conformity and
interagency consultation and has concluded that the submittal is
approvable. Details of our review are set forth in a technical support
document (TSD), which has been included in the docket for this action.
Specifically, in the TSD, the EPA identifies how the submitted
procedures, as clarified by the State's July 29, 2015, supplement,
satisfy the requirements under 40 CFR 93.105 for interagency
consultation with respect to the development of transportation plans
and programs, SIPs, and conformity determinations, the resolution of
conflicts, and the provision of adequate public consultation, and our
requirements under 40 CFR 93.122(a)(4)(ii) and 93.125(c) for
enforceability of control measures and mitigation measures.
    Alaska's SIP revision also addresses general conformity
requirements. The revision removes the general conformity regulations
from the Alaska SIP. These

regulations are no longer necessary since the establishment of the
SAFETEA-LU removed the requirement for states to maintain general
conformity regulations. Specifically, 40 CFR 51.851(a) was changed to
indicate that states ``may,'' not ``must'' submit to the EPA a general
conformity SIP because, as 40 CFR 51.851(b) indicates, Federal agencies
shall use the provisions of 40 CFR part 93, subpart B in addition to
any existing applicable state or tribal requirements to review the
conformity of Federal actions in nonattainment or maintenance areas.
Alaska's removal of general conformity rules from its SIP meets the
requirements set forth in section 110(l) of the CAA with respect to
adoption and submission of SIP revisions. 40 CFR part 93, subpart B
continues to subject certain Federal actions to general conformity
requirements without the need for identical state rules and SIPs.
Therefore, repealing the state rule will not impact continuity of the
general conformity program in Alaska, and consequently meets the
requirements of section 110(l). Alaska's request to remove the general
conformity regulations from the Alaska SIP is approvable.

III. Final Action

    The EPA is approving and incorporating by reference into the Alaska
SIP the revisions to 18 AAC 50 Article 7, Transportation Conformity,
and supporting definitions in 18 AAC 50 Article 9, General Provisions,
submitted by the State of Alaska on May 7, 2015, and supplemented on
July 29, 2015. The revisions are State effective April 17, 2015. We
note that we are not approving the revision to 18 AAC 50.735 because
the State determined it was submitted in error, and requested in the
July 29, 2015 supplement that the EPA not approve the revision. The
State intends to rescind the rule section in the near future. We also
note that the May 7, 2015 submittal included a number of rule revisions
to 18 AAC 50 Articles 1 and 2, which are not related to transportation
and general conformity. We intend to address those rule revisions in a
separate action.
    The EPA is approving but not incorporating by reference
supplementary letter submitted by Alaska on July 29, 2015. The July 29,
2015 supplement clarifies that Alaska Statute (AS) 40.25.110 and AS
40.25.115, and implementing regulations at 2 AAC 96, Public
Information, adequately address availability of materials and
reasonable costs associated with access to public records with respect
to Transportation Conformity.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is incorporating by reference the provisions set forth
below. The EPA has made, and will continue to make, these documents
generally available electronically through www.regulations.gov and/or
in hard copy at the appropriate EPA office (see the ADDRESSES section
of this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, 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 Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; 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).
    The SIP is not approved to apply on any Indian reservation land or
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).
    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 to the Comptroller General of the
United States. The EPA will submit a report containing this action 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. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 9, 2015. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that the EPA can withdraw this direct final rule and address the
comment in the proposed rulemaking. This action may not be challenged
later in proceedings to enforce its requirements. (See section
307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: August 13, 2015.
Edward H. Chu,
Acting Regional Administrator, Region 10.

    For the reasons stated in the preamble, 40 CFR part 52 is amended
as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart C--Alaska

0
2. In Sec.  52.70:
0
a. The table in paragraph (c) is amended by:
0
i. Removing the heading entitled ``18 AAC 50 Article 7. Conformity''
and adding ``18 AAC 50 Article 7. Transportation Conformity'' in its
place;
0
ii. Revising the entries ``18 AAC 50.700'', ``18 AAC 50.705'', ``18 AAC
50.715'', ``18 AAC 50.720'', and ``18 AAC 50.990'';
0
iii. Removing the entries ``18 AAC 50.710'', ``18 AAC 50.725'', and
``18 AAC 50.730''; and
0
iv. Adding the entries ``18 AAC 50.712'', ``18 AAC 50.740'', ``18 AAC
50.745'', and ``18 AAC 50.750'' in numerical order; and
0
b. The table in paragraph (e) under the heading ``Section III Area wide
Pollutant Control Program'', is amended by:
0
i. Revising the entry ``I. Transportation Conformity''; and
0
ii. Adding, after the new entry for ``I. Transportation Conformity'',
an entry for ``Transportation Conformity Supplement'' .
    The revisions and additions read as follows:

Sec.  52.70  Identification of plan.

* * * * *
    (c) * * *

                                  EPA-Approved Alaska Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
                                                            State
         State citation              Title/Subject     effective date   EPA Approval date       Explanations
----------------------------------------------------------------------------------------------------------------
   Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
                                 18 AAC 50 Article 7. Transportation Conformity
----------------------------------------------------------------------------------------------------------------
18 AAC 50.700...................  Purpose............         4/17/15  September 8, 2015    ....................
                                                                        [Insert Federal
                                                                        Register citation]
18 AAC 50.705...................  Applicability......         4/17/15  September 8, 2015    ....................
                                                                        [Insert Federal
                                                                        Register citation]
18 AAC 50.712...................  Agency                      4/17/15  September 8, 2015    ....................
                                   Responsibilities.                    [Insert Federal
                                                                        Register citation]
18 AAC 50.715...................  Interagency                 4/17/15  September 8, 2015    ....................
                                   Consultation                         [Insert Federal
                                   Procedures.                          Register citation]
18 AAC 50.720...................  Public Involvement.         4/17/15  September 8, 2015    ....................
                                                                        [Insert Federal
                                                                        Register citation]

                                                  * * * * * * *
18 AAC 50.740...................  Written Commitments         4/17/15  September 8, 2015    ....................
                                                                        [Insert Federal
                                                                        Register citation]
18 AAC 50.745...................  Resolving Conflicts         4/17/15  September 8, 2015    ....................
                                                                        [Insert Federal
                                                                        Register citation]
18 AAC 50.750...................  Exempt Projects....         4/17/15  September 8, 2015    ....................
                                                                        [Insert Federal
                                                                        Register citation]

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                     18 AAC 50 Article 9. General Provisions
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
18 AAC 50.990...................  Definitions........         4/17/15  September 8, 2015    ....................
                                                                        [Insert Federal
                                                                        Register citation]
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

                   EPA-Approved Alaska Nonregultaory Provisions And Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
                                     Applicable
     Name of SIP provision          geographic or         State       EPA Approval date          Comments
                                 nonattainment area  submittal date
----------------------------------------------------------------------------------------------------------------
           State of Alaska Air Quality Control Plan: Volume II. Analysis of Problems, Control Actions
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                 Section III Area wide Pollutant Control Program
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
I. Transportation Conformity...  Statewide.........         4/17/15  September 8, 2015   .......................
                                                                      [Insert Federal
                                                                      Register
                                                                      citation].
Transportation Conformity        Statewide.........         7/29/15  September 8, 2015   Clarification re:
 Supplement.                                                          [Insert Federal     Access to Public
                                                                      Register            Records: AS 40.25.110,
                                                                      citation].          AS 40.25.115, and 2
                                                                                AAC 96.

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

* * * * *
[FR Doc. 2015-21938 Filed 9-4-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: July 26, 2010 (Volume 75, Number 142)]
[Notices]
[Page 43587-43588]
[DOCID:fr26jy10-97]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62526; File No. SR-NYSEAmex-2010-68]

Self-Regulatory Organizations; NYSE Amex LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending Its Fee
Schedule

July 19, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on July 7, 2010, NYSE Amex LLC (the ``Exchange'' or the ``NYSE
Amex'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to temporarily suspend the collection of
marketing charges on Customer orders that trade within the Complex
Matching Engine contra to a Market Maker. Concurrent with this change
we are also proposing to reduce some of the transaction fees associated
with executions in the Complex Matching Engine.
    A copy of this filing is available on the Exchange's Web site at
http://www.nyse.com, on the Commission's Internet Web site at http://
www.sec.gov, at the Exchange's principal office, and at the
Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange is proposing to temporarily suspend the collection of
marketing charges on Customer orders that trade within the Complex
Matching Engine contra to a Market Maker. At present, our marketing
charges program is designed to allow for the collection of marketing
charges from Market Makers who trade contra to electronic Customer
orders. The marketing charges accrue to either the Directed Order
Market Maker or in the case of a non-directed order, the Specialist or
e-Specialist that is in control of the pool of marketing charge monies
that accrue from non-directed order flow.
    Within our Complex Matching Engine we presently do not have
functionality that would permit Market Makers to receive Directed
Orders and therefore control the marketing charges associated with
those directed Customer orders. Given this limitation, the Exchange
feels it is appropriate to suspend the collection of marketing charges
for electronic Customer orders executed in the Complex Matching Engine
until such a time that we can offer Directed Order functionality within
the Complex Matching Engine. Once we create functionality that will
allow Directed Order Market Makers can [sic] receive Complex Directed
Orders that execute within the Complex Matching Engine, the Exchange
will file at that time to reinstate the collection of marketing
charges.
    Concurrent with this change in marketing charges, the Exchange is
also proposing to reduce the transaction charges associated with
receiving an

execution in the Complex Matching Engine. Presently, the Exchange
charges all participants $.10 per contract except for when orders that
originate from the same firm interact with each other in which case the
charge is $.05 per contract. The Exchange intends to reduce the charge
for all participants to $.05 per contract for executions received in
the Complex Matching Engine regardless of whether the orders originate
from the same firm or not.
    These changes are intended to be effective immediately for all
transactions beginning July 7, 2010.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\3\ in general, and Section
6(b)(4) of the Act,\4\ in particular, in that it is designed to provide
for the equitable allocation of reasonable dues, fees and other charges
among its members and other persons using its facilities.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78f.
    \4\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

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

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

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

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

    The foregoing rule change has become effective upon filing pursuant
to Section 19(b)(3)(A) of the Act \5\ and subparagraph (f)(2) of Rule
19b-4 \6\ thereunder, because it establishes a due, fee, or other
charge imposed by the NYSE Amex.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(3)(A).
    \6\ 17 CFR 19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEAmex-2010-68 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEAmex-2010-68. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room, 100 F
Street, NE., Washington, DC 20549, on official business days between
the hours of 10 a.m. and 3 p.m. Copies of the filing also will be
available for inspection and copying at NYSE's principal office and on
its Internet Web site at http://www.nyse.com. All comments received
will be posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEAmex-2010-68 and should be submitted
on or before August 16, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 15 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-18165 Filed 7-23-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register Volume 88, Number 126 (Monday, July 3, 2023)]
[Notices]
[Pages 42715-42716]
[FR Doc No: 2023-13996]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 1175-024]

Appalachian Power Company; Notice of Application Accepted for
Filing and Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Non-capacity Amendment of License.
    b. Project No: 1175-024.
    c. Date Filed: June 21, 2023.
    d. Applicant: Appalachian Power Company.
    e. Name of Project: London-Marmet Hydroelectric Project.
    f. Location: The project is located on the Kanawha River, in
Kanawha and Fayette counties, West Virginia, and occupies Federal land
administered by the U.S. Army Corps of Engineers.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Christopher J. Jeter, PE, Lawson-Fisher
Associates P.C., 525 West Washington Avenue, South Bend, IN 46601,
(574) 234-3167, fisher.com">[email protected]fisher.com.
    i. FERC Contact: Jeremy Jessup,<PHONE_NUMBER>,
[email protected].
    j. Deadline for filing comments, motions to intervene, and
protests: July 26, 2023.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, and protests using the Commission's
eFiling system at 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 protected],<PHONE_NUMBER> (toll
free), or<PHONE_NUMBER> (TTY). In lieu of electronic filing, you may
submit a paper copy. Submissions sent via the U.S. Postal Service must
be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier must be addressed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852. The first page of any filing should
include the docket number P-1175-024. Comments emailed to Commission
staff are not considered part of the Commission record.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency.
    k. Description of Request: The licensee proposes a minor
modification of the project boundary at the London Development to
accommodate planned maintenance of project ancillary facilities. The
existing project boundary encompasses security fencing around project
facilities. The licensee proposes to relocate and expand the current
location of the security fence to improve the physical security of
these facilities. The proposed amendment would add 0.257 acres to the
project boundary. The licensee states that the relocation of the fence
would not change licensed project operations or result in modifications
of license conditions. The area where work is proposed is heavily
disturbed and immediately adjacent to the project. The licensee intends
to complete the fencing improvement in the third quarter of 2023.
    l. Locations of the Application: This filing may be viewed on the
Commission's website at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. You may also register
online at http://www.ferc.gov/docs-filing/esubscription.asp to be
notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
[email protected], for TTY, call<PHONE_NUMBER>. Agencies may
obtain copies of the application directly from the applicant.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or

other comments filed, but only those who file a motion to intervene in
accordance with the Commission's Rules may become a party to the
proceeding. Any comments, protests, or motions to intervene must be
received on or before the specified comment date for the particular
application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person commenting, protesting or intervening; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. Any filing made by an intervenor must be accompanied
by proof of service on all persons listed in the service list prepared
by the Commission in this proceeding, in accordance with 18 CFR
385.2010.
    p. The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: June 26, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-13996 Filed 6-30-23; 8:45 am]
BILLING CODE 6717-01-P