Document kDKE9pO12LXO6ngeExR07kJQq

To: Jackson, RyanOackson.ryan@epa.gov] From: Walls, Michael Sent: Mon 9/11/2017 11:19:04 PM Subject: Inventory Issue -- API/ACC letter FINAL API ACC Joint Reset Letter m.pdf Ryan, for your information. Thank you. Mike +++++++++++++++++++++++++++++ This message may contain confidential information and is intended only for the individual named. If you are not the named addressee do not disseminate, distribute or copy this email. Please notify the sender immediately by email if you have received this email by mistake and delete this email from your system. E-mail transmission cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender therefore does not accept liability for any errors or omissions in the contents of this message which arise as a result of email transmission. American Chemistry Council, 700 - 2nd Street NE, Washington, DC 20002, www.americanchemistry.com 17cv1906 Sierra Club v. EPA - 6/22 Production ED 001523 00002739-00001 jr American ( V' Chemistry Council August 18, 2017 The Honorable Scott Pruitt Administrator of theU.S. Environmental Protection Agency 1200 Pennsylvania Avenue, N.W. Washington, DC 20460 Re: IMPLEMENTATION ISSUE for TSCA Inventory Notifications (Active-Inactive Requirements); EPA--HQ--OPPT--2016-0426 Dear Administrator Pruitt: The American Petroleum Institute (API) and the American Chemistry Council (ACC) respectfully submit to the U.S. Environmental Protection Agency (EPA) an administrative request that relates to the implementation of the final rule for Toxic Substances Control Act (TSCA) Inventory Notifications, pursuant to TSCA as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act. API and ACC make this request to ensure practical and efficient implementation of the notification requirements. We ask EPA to reconsider how the Agency could accomplish online listing of chemicals reported as active, as they are reported throughout the notification period. Because the 180-day notification period already has begun, it is imperative that EPA's consideration of this request be prompt. API is a national trade association representing all facets of the oil and natural gas industry, which supports 9.8 million U.S. jobs and 8 percent of the U.S. economy, and provides most of the nation's energy. API's more than 625 members include large integrated companies, as well as exploration and production, refining, marketing, pipeline, and marine businesses, and service and supply firms. ACC is a national trade association representing the business of chemistry-- its core membership is made up of chemical manufacturers and processors. All ACC member companies, and many API member companies, are expected to be subject to the requirements of the Inventory Notification final rule. On August 11, 2017, EPA published the final rule "TSCA Inventory Notification (ActiveInactive) Requirements." [82 Federal Register 37520-37544] The notification submission period began on the date of publication. Under new regulations at 40 CFR 710.25(a), a person is not required to submit Notice of Activity Form A if "such person has evidence in the form of a 17cv1906 Sierra Club v. EPA - 6/22 Production ED 001523 00002740-00001 August 18, 2017 Docket # EPA-HQ-OPPT-2016-0426 Page 2 CDX receipt, documenting EPA's receipt of a Notice of Activity Form A from another person, for the same chemical substance." We commend EPA for not requiring duplicative reports for a chemical substance that already has been notified as active. However, in order for the notification system to operate in a manner that effectively reduces extraneous reports, EPA needs to make public the basic information on what chemicals have already been notified. API and ACC ask EPA to reconsider how it could accomplish online posting of notified chemicals, as they are reported throughout the notification period. If "real-time" availability of the information through CDX or website posting is not practical, daily or weekly postings should be readily achievable. The burden to EPA to post and regularly update a list of chemicals for which notifications have been made would be minimal, and the regulatory burden reduction to industry would be substantial. There also would be burden reduction for EPA, by limiting redundant reports that the Agency would need to process. In the preamble to the final rule, EPA states that in order to publish notices frequently or in real time, EPA would need to develop, test, and implement an electronic platform that would be able to transfer non-CBI notices from EPA's confidential repository to a public system. However, it is not necessary to transfer the notices themselves out of the system, or otherwise publish the entire notice. It is only necessary to list the chemicals notified, either by Chemical Abstracts Service (CAS) number for chemicals on the Public Inventory or accession number for nonconfidential chemical substances. This is a simple administrative function, which entails generating a list of chemicals (which could be posted online in any form). If EPA does want to involve the CDX receipt in its approach, the Agency could post CDX receipts as they are issued, in a searchable online-repository, assuming the receipts state the CAS number or accession number. For chemicals on the Confidential Inventory, EPA could post an appropriately redacted receipt. However, it seems that it might be easiest for EPA simply to post and regularly update an online list of notified chemicals, by public chemical name and CAS number or accession number. (It would be ideal if the list could be programmed into the CDX reporting system, but we understand that might not be achievable quickly.) We commend EPA on developing a reasonable and practical Inventory Notification final rule in the short timeframe mandated by the statute. We appreciate EPA's additional consideration of these suggested administrative changes to reduce reporting burden. Based on our experience with TSCA reporting and our understanding of the new requirements, we think that the suggestion described herein is essential for smooth reporting under this final rule. Please feel free to contact either signatory if you have any questions or would like to discuss this matter further. 17cv1906 Sierra Club v. EPA - 6/22 Production ED 001523 00002740-00002 August 18, 2017 Docket # EPA-HQ-OPPT-2016-0426 Page 3 Sincerely, Jack Gerard President and CEO American Petroleum Institute Cal Dooley President and CEO American Chemistry Council cc: Wendy Cleland-Hamnett, Acting Assistant Administrator, Office of Chemical Safety and Pollution Prevention 17cv1906 Sierra Club v. EPA - 6/22 Production ED 001523 00002740-00003 To: Cc: From: Sent: Subject: Black, Noel W.[NWBLACK@southernco.com] Jackson, RyanOackson.ryan@epa.gov];Horton, Melissa H.[MHIGGINS@southernco.com] Gunasekara, Mandy Fri 6/2/2017 11:54:44 PM Re: Cell Hey Noel, Sorry it's been hard to connect. The date is set for June 19 starting at 1 pm at EPA HQ. I hate to call now as I hope you've started your weekend. Does it work to connect early on Monday? Best, Mandy Sent from my iPhone > On Jun 1, 2017, at 11:13 AM, Black, Noel W. <NWBLACK@southernco.com> wrote: > > Mandy, > > Running down the 19th. Fanning is not available but our COO Kim Greene is available...She has been very involved in the Kemper County Lignite Facility. Do you have a time and place? > > Also when you have a moment give me a call...a couple of other questions. > > Thanks, Noel Black > Vice President > Federal Regulatory Affairs > Southern Company >202.261.5024 office > 202.578.8377 mobile > > > --Original Message-- > From: Gunasekara, Mandy [mailto:Gunasekara.Mandy@epa.gov] > Sent: Wednesday, May 31,2017 10:37 AM > To: Jackson, Ryan; Black, Noel W. > Subject: RE: Cell > > Hey Noel, Following up from our phone call below is the list of confirmed and tentative/invited attendees. I'll update as appropriate. Let me know if you have any follow-up questions. > > Confirmed: > Nick Akins, AEP > Gerry Anderson, DTE > Warner Baxter, Ameren > Pat Vincent-Collawn, PNM > Chris Crane, Exelon > Leo Denault, Entergy > Tom Farrell, Dominion > Ben Fowke, Xcel > Lynn Good, Duke > Sean Trauschke, OGE > > 17cv1906 Sierra Club v. EPA - 6/22 Production ED 001523 00002741-00001 > Invited: > Southern Co. > NRECA (top 3 to 5) > Basin > TRI-State > APPA (top 3 to 5 from Cory) > TVA > LGE-KU > LPPC > Luminant > > > --Original Message-- > From: Jackson, Ryan > Sent: Wednesday, May 31,2017 6:33 AM > To: Black, Noel W. <NWBLACK@southernco.com> > Cc: Gunasekara, Mandy <Gunasekara.Mandy@epa.gov> > Subject: Re: Cell > > Noel, we wanted to see if your CEO or appropriate representative could join a round table with the Administrator on June 19 at 1pm in EPA for a couple hour stakeholder meeting with the Administrator on next steps after the CPP. > > We are happy to talk further on this. Much appreciated. > > Ryan. > > > Ryan Jackson > Chief of Staff > U.S. EPA > [Z ^JPereonanj > On May 30, 2017, at 10:21 PM, Black, Noel W. <NWBLACK@southernco.com> wrote: Mandy, Just seeing this my apologies. My cell is 202-578-8377. I'll give you a call in the morning. Looking forward to talking. Thanks, Noel Southern Company 202-578-8377 Please excuse any typos...this is coming from my iPhone. On May 30, 2017, at 8:09 PM, Gunasekara, Mandy <Gunasekara.Mandy@epa.gov<mailto:Gunasekara.Mandy@epa.gov wrote: Hey Noel, 17cv1906 Sierra Club v. EPA - 6/22 Production ED 001523 00002741-00002  I hope you are well. What's the best number to reach you? We are setting up the CEO utility round table with the Administrator for June 19th at EPA and we'd love Mr. Fanning to attend. Give me a call when you have a sec: 202-306-8538 Best, Mandy Sent from my iPhone 17cv1906 Sierra Club v. EPA - 6/22 Production ED 001523 00002741-00003