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Citation: 75 Fed. Reg. 3462 2010

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-- The search text of this PDF is generated from uncorrected OCR text.Federal Register/Vol. 75, No. 13/Thursday, January 21, 2010/Notices

to intervene or protest must serve a copy ofthat document on the Applicant and allthe parties in this proceeding.

The Commission encourages electronic submission ofprotests and interventions in lieu ofpaperusing the "eFiling" link at http://www.ferc.gov.
Persons unable to file electronically should submit an original and 14 copies ofthe protest or intervention to the Federal Energy Regulatory Commission, 888 FirstStreet, NE., Washington, DC 20426.

This filing is accessible on-line at http://www.ferc.gov,using the "eLibrary" link andis available for review in the Commission's Public Reference Room in Washington, DC. There is an "eSubscription" link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). Forassistance with any FERC Online service, please e-mail FERCOnlineSupport@ferc.gov, or call (866) 208-3676 (tollfree). For TTY, call (202)502-8659.

CommentDate:5p.m. Eastern Time

on January 21, 2010. Kimberly D.Bose, Secretay.

[FR Doe. 2010-1007 Filed 1-20-10; 8:45 am]

BILLING CODE 6717-01-P

ENVIRONMENTAL PROTECTION

AGENCY [EPA-HQ-OPPT-2009-1013; FRL-8807-9]

Claims of Confidentialityof Certain Chemical Identities Submitted under Section 8(e) ofthe Toxic Substances Control Act

AGENCY: Environmental Protection Agency (EPA). ACTION: Notice.

SUMMARY: EPA is announcing a new general practice ofreviewing submissions under section 8(e) ofthe Toxic Substances Control Act (TSCA) for confidential business information (CBI) claims ofchemical identities listed

on the public portion ofthe TSCA Chemical Substances Inventory. Where

a health and safety study submitted under section 8(e) ofTSCA involves a chemical identity thatis already listed

on the public portion ofthe TSCA Chemical Substances Inventory, EPA expects to find thatthe chemical identity clearly is not entitled to confidential treatment. EPAbelieves this new general practice will make

more health and safety information available to the public and support an important part ofthe Agency's mission: To promote public understanding ofthe potential risks posedby chemicals in

commerce.

FOR FURTHER INFORMATION CONTACT: For generalinformationcontact:Colby Lintner, Regulatory Coordinator, Environmental Assistance Division (7408M), Office ofPollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number: (202) 554-1404; e-mail address: TSCA-Hotline@epa.gov.

Fortechnicalinformationcontact: Scott M. Sherlock, Environmental Assistance Division, Office ofPollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460- 0001; telephone number: (202) 564- 8257; e-mail address: sherlock.scott@epa.gov.

SUPPLEMENTARY INFORMATION:
I. General Information

A. DoesthisActionApply toMe?

This notice is directed to the public in general. It may, however, be of particular interest toyou ifyou manufacture (definedby statute to include import) and/or process chemicals covered by TSCA (15 U.S.C. 2601 etseq.). You may be identified by the North American Industrial Classification System (NAICS)codes 325 and 32411. Because this notice is directed to the general public and other entities may also be interested, the Agency has not attempted to describe all the specific entities that maybe interested in this action. Ifyou have any questions regarding the applicability of this action to a particular entity, consult the technical person listed under FOR
FURTHER INFORMATION CONTACT.

B. How CanI Get Copiesofthis DocumentandOtherRelated Information?
1.Docket.EPAhas established a docket for this action under docket identification (ID) number EPA-HQOPPT-2009-1013. All documents in the docket are listed in the docket index available athttp://www.regulations.gov. Although listed in the index, some information isnot publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available electronically athttp:// www.regulations.gov,or, ifonly available in hard copy, at the OPPT Docket. The OPPT Docket is located in the EPA Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room hours ofoperation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number of the EPA/DC Public Reading Room is (202) 566-1744, and the telephone number for the OPPT Docket is (202) 566-0280. Docket visitors are required
to show photographic identification,
pass through a metal detector, and sign the EPA visitor log. All visitor bags are processed through an X-ray machine and subject to search. Visitors will be provided an EPA/DC badge thatmust be visible at all times in thebuilding and returned upon departure.
2. Otherrelatedinformation.For information about EPA's programs to evaluate new and existing chemicals andtheir potential risks, go to http:// www.epa.gov/oppt/index.htm.For more information about reporting under TSCA section 8(e), go tohttp:// www.epa.gov/opptintr/tsca8e/ index.htm.

II. WhatAction isthe Agency Taking?

The Agency expects to respond to certain CBI claims regarding chemical identities with a determination letter under 40 CFR 2.306(d) and 40 CFR 2.204(d)(2). This Federal Register document only serves to announce this

new general practice and is notitself a final Agency action; rather, any determination letter issued by EPA will constitute the Agency's final determination that the chemical identity
atissue clearly is not entitled to confidential treatment under TSCA section 14 (15 U.S.C. 2613).

At this time, EPA expects to issue these letters only when the chemical identity claimed asCBI: (1)Is already publicly available on the TSCA Chemical Substances Inventory, and (2) is submitted under TSCA section 8(e) as part of-or data from-a health and safety study.

Each letter will provide a contact person within the Agency whom the recipient ofthe letter can contact with
any questions or concerns about the determination related to their submission.

This action is part ofa broader effort
to increase transparency and provide

more valuable information to the public by identifying programs where non-CBI
may have been claimed andtreated as CBI in the past. For such information, EPA is considering what actions might be appropriate in accordance with its regulations at 40 CFR part 2,subpart B. 

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III.What is the Agency's Authority for Taking thisAction?

As a general rule, TSCA section 14(b)(1) provides that health and safety studies and data from health and safety studies are not entitled to treatment as CBI, with an exception for information that "discloses processes used in the manufacturing or processing ofa chemical substance or mixture," or, in the case ofa mixture, whererelease of the data discloses the portion ofa mixture comprised by a particular substance. 15 U.S.C. 2613(b)(1).

EPA considers information contained in a notice of substantial riskunder TSCA section 8(e) to be health and safety information and, therefore, covered by the term "health and safety study," as defined in section 3(6) of TSCA. See "TSCA Section 8(e); Notification of Substantial Risk; Policy Clarification and Reporting Guidance," 68 FR 33129 at 33136, June 3,2003 (FRL-7287-4). Chemical identity ispart ofa health and safety study. See e.g., 40 CFR 716.3 and 40 CFR 720.3(k). As such, chemical identity associated with

ahealth and safety study in aTSCA section 8(e) submission is not entitled to confidential treatment unless it falls into the exemption under TSCA section 14(b)(1). Where the identity ofa chemical substance is already contained

onthe public portion ofthe TSCA Chemical Substances Inventory, which is publicly available from the National Technical Information Service and other
sources, EPA believes thatthe identity itself, even assuming it might otherwise be CBI, as well as any information that might be derived from itabout processes

orportions, has already been disclosed.

EPA's regulations regarding CBI at40 CFR part 2,subpart B provide for a process where therelevant office determines thatcertain information clearly isnot entitled to confidential
treatment. See 40 CFR 2.306(d); 40 CFR 2.204(d)(2); and40 CFR 2.205(f). As provided in the regulations, the letters will serve as the final EPA determinations concerning the subject confidentiality claims, and recipients of the letters may seekjudicial review 

### under 5U.S.C. 701 et

### seq.

IV. Why is EPATaking thisAction?

Part ofthe Agency's mission isto promote public understanding of potential risksby providing understandable, accessible and complete information on potential chemical risks to the broadest audience possible. In support ofthis mission, EPA posts useful information about chemicals regulated under TSCA for the public on its website (http:// www.epa.gov/oppt/index.htm). One important source ofthis information is submissions to the Agency under TSCA section 8(e). TSCA section 8(e) requires that:

Any person who manufactures, processes,

or distributes in commerce a chemical substance ormixture and who obtains information whichreasonably supports the conclusion that such substance or mixture presents a substantialrisk ofinjury to health

or the environment shall immediately inform the Administrator of suchinformation unless such personhasactual knowledge thatthe Administrator has been adequately informed of suchinformation. 15U.S.C. 2607(e).

When EPA receives submissions under TSCA section 8(e), itmakes this information available on its website. Previously, EPA's general practice had been to redact chemical identity from TSCA section 8(e) postings where the identity was claimed as CBI evenwhen the chemical identitywas listed onthe public portion ofthe TSCA Chemical Substances Inventory. EPAbelieves that the posting ofthe TSCA section 8(e) information received is incomplete and far less informative where the public is
not able to view the chemical identity associated with the new health and safety information posted. Where the identity ofthe chemical is already publicly available on the TSCA Chemical Substances Inventory, the new general practice will allow the public to link the TSCA section 8(e) information with therelevant chemical and will support the Agency's mission of promoting public understanding of potential risks.

List of Subjects

Environmental protection, Chemicals, Confidential business information, Reporting and recordkeeping.

Dated: January 14, 2010. Steve A. Owens,
AssistantAdministrator, Office of Prevention, PesticidesandToxicSubstances.

[FRDoe. 2010-1105 Filed 1-20-10; 8:45 am]

BILLING CODE 6560-50-S

ENVIRONMENTAL PROTECTION
AGENCY [FRL-9104-9]

Cross-Media Electronic Reporting Rule State Authorized Program Revision Approval: State of North Carolina

AGENCY: Environmental Protection Agency (EPA). ACTION: Notice.

SUMMARY: This notice announces EPA's approval, under regulations for CrossMedia Electronic Reporting, ofthe State ofNorth Carolina's request to revise its EPA-authorized program to allow electronic reporting. DATES: EPA's approval is effective January 21, 2010.

FOR FURTHER INFORMATION CONTACT: Evi Huffer, U.S. Environmental Protection Agency, Office ofEnvironmental Information, Mail Stop 2823T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, (202) 566-1697, huffer.evi@epa.gov,or David Schwarz, U.S. Environmental Protection Agency, Office ofEnvironmental Information, Mail Stop 2823T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, (202) 566-1704, schwarz. david@epa.gov.

SUPPLEMENTARY INFORMATION:

On October 13, 2005, the final CrossMedia Electronic Reporting Rule (CROMERR) was published in the Federal Register (70 FR 59848) and codified as part 3oftitle 40 ofthe CFR. CROMERR establishes electronic reporting as an acceptable regulatory alternative topaper reporting and establishes requirements to assure that electronic documents are as legally dependable as their paper counterparts. Subpart D ofCROMERR requires that state, tribal or local government agencies thatreceive, or wish tobegin receiving, electronic reports under their EPA-authorized programs must apply to EPA for a revision ormodification of those programs and getEPA approval. Subpart D provides standards for such approvals based on consideration ofthe electronic document receiving systems that the state, tribe, or local government will use to implement the electronic reporting. Additionally, in §3.1000(b) through (e) of40 CFR part 3,subpart D provides special procedures for program revisions and modifications to allow electronic reporting, to be used at the option ofthe state, tribe or local government in place ofprocedures available under existing programspecific authorization regulations. An application submitted under the subpart D procedures must show thatthe state, tribe or local government has sufficient legal authority to implement the electronic reporting components ofthe programs covered by the application and will use electronic document receiving systems thatmeet the applicable subpart D requirements.

On October 15, 2008, the State of North Carolina Department of Environment and Natural Resources (NCDENR) submitted an application for its Integrated BuildEnvironment for Application Management (IBEAM) electronic document receiving system 

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