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TSCA Section 5 Premanufacture and Significant New Use Notification Electronic Reporting; Revisions to Notification Regulations
PDF Version (16 pp, 219K, About PDF) [Federal Register: December 22, 2008 (Volume 73, Number 246)] [Proposed Rules] [Page 78261-78276] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr22de08-30] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 700, 720, 721, 723, and 725 [EPA-HQ-OPPT-2008-0296; FRL-8395-8] RIN 2070-AJ41 TSCA Section 5 Premanufacture and Significant New Use Notification Electronic Reporting; Revisions to Notification Regulations AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: EPA is proposing amendments to the Toxic Substances Control Act (TSCA) section 5 Premanufacture and Significant New Use Notification regulations to facilitate the introduction and use of electronic reporting. This action is intended to streamline and reduce the administrative costs and burdens of TSCA section 5 notifications for both industry and EPA by establishing standards and requirements for the use of EPA's Central Data Exchange (CDX) to electronically submit premanufacture notices (PMNs) and other TSCA section 5 notices and support documents to the Agency. EPA is also proposing to amend the TSCA section 5 User Fee regulations to add a new User Fee Payment Identity Number field to the PMN form, which would enable the Agency to match more easily a particular user fee with its notice submission. Lastly, EPA is proposing to remove the Agent signature block field on the PMN form, and thus the requirement for designated Agents to sign the form. DATES: Comments must be received on or before February 20, 2009. ADDRESSES: Submit your comments, identified by docket identification (ID) number EPA-HQ-OPPT-2008-0296, by one of the following methods: • Federal eRulemaking Portal: http://www.regulations.gov. Follow the on-line instructions for submitting comments. • Mail: Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001. • Hand Delivery: OPPT Document Control Office (DCO), EPA East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. Attention: Docket ID Number EPA-HQ-OPPT-2008-0296. The DCO is open from 8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The telephone number for the DCO is (202) 564-8930. Such deliveries are only accepted during the DCO's normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to docket ID number EPA-HQ-OPPT- 2008-0296. EPA's policy is that all comments received will be included in the docket without change and may be made available on-line at http://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 regulations.gov or e- mail. The regulations.gov website is an ``anonymous access'' system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e- mail comment directly to EPA without going through regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm. Docket: All documents in the docket are listed in the docket index available at http://www.regulations.gov. 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, will be publicly available only in hard copy. Publicly available docket materials are available electronically at http://www.regulations.gov, or, if only 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 of operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal 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 that must be visible at all times in the building and returned upon departure. FOR FURTHER INFORMATION CONTACT: For general information contact: Colby Lintner, Regulatory Coordinator, Environmental Assistance Division (7408M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460- 0001; telephone number: (202) 554-1404; e-mail address: TSCA-Hotline@epa.gov. For technical information contact: Greg Schweer, Chemical Control Division (7405M), Office of Pollution Prevention and Toxics, Environmental [[Page 78262]] Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460- 0001; telephone number: (202) 564-8469; e-mail address: schweer.greg@epa.gov. SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? You may be affected by this action if you manufacture, import, or process chemicals for commercial purposes. Potentially affected entities may include, but are not limited to: • Manufacturers, importers, and processors of chemical substances or mixtures (NAICS codes 325 and 324110, e.g., chemical manufacturing and processing and petroleum refineries). This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. To determine whether you or your business may be affected by this action, you should carefully examine the applicability provisions in 40 CFR parts 700, 720, 721, 723, and 725 for TSCA section 5-related obligations. If you have any questions regarding the applicability of this action to a particular entity, consult the technical person listed under FOR FURTHER INFORMATION CONTACT. B. What Should I Consider as I Prepare My Comments for EPA? 1. Submitting CBI. Do not submit this information to EPA through regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. Tips for preparing your comments. When submitting comments, remember to: i. Identify the document by docket ID number and other identifying information (subject heading, Federal Register date and page number). ii. Follow directions. The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations (CFR) part or section number. iii. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. iv. Describe any assumptions and provide any technical information and/or data that you used. v. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. vi. Provide specific examples to illustrate your concerns and suggest alternatives. vii. Explain your views as clearly as possible, avoiding the use of profanity or personal threats. viii. Make sure to submit your comments by the comment period deadline identified. II. Background A. What Action is the Agency Taking? EPA is proposing amendments to TSCA section 5 Premanufacture and Significant New Use Notification regulations and related provisions to facilitate the introduction and required use of a new electronic reporting mechanism. The Government Paperwork Elimination Act (GPEA) (Public Law 105-277 (44 U.S.C. 3504)) requires that, when practicable, Federal organizations use electronic forms, electronic filings, and electronic signatures to conduct official business with the public. EPA's Cross- Media Electronic Reporting Regulation (CROMERR) (40 CFR part 3), published in the Federal Register of October 13, 2005 (70 FR 59848) (FRL-7977-1) provides that any requirement in title 40 of the CFR to submit a report directly to EPA can be satisfied with an electronic submission that meets certain conditions once the Agency publishes a notice that electronic document submission is available for that requirement. See Unit III.F. for more information on electronic signatures. In light of GPEA and CROMERR, EPA is proposing these amendments to enable, and eventually require, manufacturers (including importers), and processors of TSCA chemical substances to use the Internet, through EPA's CDX, to submit TSCA section 5 notices to the Agency. These include PMNs (40 CFR part 720), Significant New Use Notices (SNUNs) (40 CFR part 721), Test Market Exemption Applications (TMEAs) (40 CFR part 720), Low Volume Exemption notices (LVEs) (40 CFR 723.50), Low Exposure/Low Release Exemption (LoRex) notices (40 CFR 723.50), biotechnology notices for genetically modified microorganisms (40 CFR part 725), Notices of Commencement of Manufacture or Import (NOCs) (40 CFR 720.102), and other support documents (e.g., correspondence, requests for suspensions of the notice review period, amendments, and test data). The Agency is proposing to introduce CDX reporting in two phases over a 2-year period. During the first year following the effective date of the final rule, the Agency would allow submissions via CDX, optical disc, and paper. Regardless of the delivery method, EPA would require that all submissions be generated using the new electronic-PMN (e-PMN) software. One year after the final rule's effective date, paper submissions would no longer be accepted for any new notices and support documents (including NOCs). Two years after the final rule's effective date, disc-based submissions (e.g., CDs) for all new notices and support documents would no longer be accepted. In the third year after the final rule's effective date, all submitters would be required to submit all notices and support documents identified in Table 1 of Unit III.I. electronically via CDX using the e-PMN software. The Agency is proposing this phased approach because it would allow submitters to gain experience in using the e-PMN software and the submission delivery system. EPA is also proposing to amend the TSCA section 5 User Fee regulations at 40 CFR 700.45 to add a new User Fee Payment Identity Number field to the PMN form. This would enable the Agency to match more easily a particular user fee with its notice submission. The second new information element on the amended PMN form would be optional and consist simply of the e-mail address for the authorized official submitting the notice listed on the ``Submitter Identification'' section on page three of the PMN form. EPA is also proposing to remove the required Agent signature block field on page two of the form. B. What is the Agency's Authority for Taking this Action? Section 5(a)(1)(A) of TSCA requires persons to notify EPA at least 90 days before manufacturing (under TSCA manufacture includes import) a new chemical substance for commercial purposes. Section 3(9) of TSCA defines a ``new chemical substance'' as any substance that is not on the Inventory of [[Page 78263]] Chemical Substances compiled by EPA under section 8(b) of TSCA. Section 5(a)(2) of TSCA authorizes EPA to determine that a use of a chemical substance is a ``significant new use.'' EPA must make this determination by rule after considering all relevant factors, including those listed in TSCA section 5(a)(2). Once EPA determines that a use of a chemical substance is a significant new use, TSCA section 5(a)(1)(B) requires persons to submit a notice to EPA at least 90 days before manufacturing or processing the chemical substance for that use. GPEA requires that, when practicable, Federal organizations use electronic forms, electronic filings, and electronic signatures to conduct official business with the public. C. How are Premanufacture Notices and Other TSCA Section 5 Notices Currently Submitted and Processed by the Agency? Currently, TSCA section 5 submissions must be sent to EPA on paper through the U.S. mail or delivered by courier. Submitters are able to generate certain TSCA section 5 notices electronically using the PMN form available at the EPA New Chemicals Program website (https:// cdx.epa.gov/ssl/pmn/download.asp). The form uses Adobe Acrobat Reader software, which allows submitters to complete the form electronically, and then print out and mail it to EPA as hard copy. The software is free and allows the user to complete the form and print it, but it does not allow the user to save the form. Approximately 35% of TSCA section 5 notices are currently generated using this software. Most of the remaining submissions are generated using other Agency-approved software that has been developed by industry trade groups or individual notice submitters. A very small percentage of submitters choose to fill out the PMN form by hand or typewriter, using a version of the form downloaded from EPA's TSCA New Chemicals Program website (See http:// www.epa.gov/opptintr/newchems/pubs/pmnpart1.pdf and http://www.epa.gov/ opptintr/newchems/pubs/pmnpart2.pdf). If the submitter marks anything on the PMN form as CBI, then the submitter must submit a version of the form with the CBI and another version of the form without CBI. The latter version is referred to as the sanitized or non-CBI version and is required for the public docket. Upon receipt at EPA, paper submissions are assigned a ``mail received'' number, which is used to identify the submission until an official document control number (DCN) is generated, which does not occur until EPA verifies that the notice is complete. Once the mail information is captured, the submission is sent for prescreening. During prescreening, the submission is checked for completeness using criteria listed at 40 CFR 720.65. If the notice does not pass prescreening, EPA declares the original notice ``Incomplete'' and notifies the submitter that there is missing or incorrect information, and that the submitter must correct the package and provide a new submission to EPA. If a new notice is not submitted, EPA will return the user fee. After a successful prescreening, EPA generates a DCN and barcode for the submission. EPA also generates a DCN and barcode for the non- CBI version of a CBI submission and places the non-CBI version in the public docket. The original CBI submission is then kept in a physical case file folder for reference. Any supporting documents for the submission are also assigned DCNs and placed in the physical case file folders. III. Description of Proposed Changes for TSCA Section 5 Reporting This unit provides a detailed description of EPA's electronic reporting software, the proposed changes to the reporting process, the benefits of electronic reporting to both industry and EPA, and how EPA is proposing to phase-in the electronic reporting. A. What is CDX? EPA's CDX is the point of entry on the Environmental Information Exchange Network (Exchange Network) for environmental data submissions to the Agency. CDX provides the capability for submitters to access their data through the use of web services. CDX enables EPA and participating program offices to work with stakeholders-including State, tribal, and local governments and regulated industries-to enable streamlined electronic submission of data via the Internet. For more information about CDX, go to http://www.epa.gov/cdx. B. What is the e-PMN Software? EPA has developed new e-PMN software for use in preparing and submitting PMNs and other TSCA section 5 notices and support documents electronically to the Agency. The e-PMN software would be available as a free Internet download from the Agency's website (http://www.epa.gov/ oppt/newchems) or on optical discs provided by the Agency upon request. The e-PMN software works with Windows, Macs, Linux, and UNIX-based computers, using XML (short for ``Extensible Markup Language'') specifications for more efficient data transmittal across the Internet. The e-PMN software operates using the Java 6 programming language, which can be downloaded free from http://www.java.com,if it is not already installed on your computer. The e-PMN software would provide user-friendly navigation, work with CDX to secure on-line communication, and create a completed Portable Document Format (PDF) file using the PMN form to accommodate internal company review prior to submission. The e-PMN software includes features intended to be helpful for preparing PMNs and other notices using the PMN form, such as SNUNs. A validation mechanism would alert users when a field on the form, required by regulation, is either missing information or contains certain kinds of potentially incorrect information. For example, if ``use'' information is claimed CBI, then the e-PMN software would indicate that the form is not complete unless the submitter has provided both specific use information on the CBI version of the form and generic use information on the non-CBI version of the form. The e- PMN software includes header pages for biotechnology notices (i.e., Microbial Commercial Activity Notices (MCANs), TSCA Experimental Release Applications (TERAs), TMEAs, and Tier I or Tier II Exemption requests), support documents, and attachments--any document not submitted on the PMN form itself--that identify submitters and the nature of their communications. Guidance documents developed by EPA for TSCA section 8(a) Inventory Update Rule (IUR) reporting via CDX are available at http:// www.epa.gov/opptintr/iur/pubs/factsheet.pdf and http://www.epa.gov/ opptintr/iur/pubs/cdx_qanda.pdf. These documents provide background information on reporting via CDX that is relevant and useful for TSCA section 5 reporting as well. EPA would provide similar specific guidance for TSCA section 5 reporting via CDX, along with the e-PMN submission software, at the New Chemicals Program homepage (http:// www.epa.gov/oppt/newchems) by the effective date of the final rule. C. What are the Benefits of CDX Reporting and Use of the e-PMN Software, Compared to the Existing Paper Method? The proposed change to phase-out paper-based submissions in favor of CDX reporting, including use of the e-PMN reporting software, for TSCA [[Page 78264]] section 5 notices and support documents is in concert with broader government efforts to move to modern, electronic methods of information gathering. The required use of CDX for submission of TSCA section 5 notices and support documents would be consistent with the GPEA requirement that, when practicable, Federal organizations use electronic forms, electronic filings, and electronic signatures to conduct official business with the public. The e-PMN software and electronic submission via CDX would change the way that companies interact with the Agency regarding many TSCA section 5 submissions. Companies would be registered with EPA to submit their data electronically to the Agency via CDX and the Agency in turn would benefit from receiving electronic submissions and being able to communicate back electronically with submitters. Data systems that once were populated manually would now be populated electronically reducing the potential for error that exists when data are entered by hand. Agency personnel would also be able to communicate more efficiently with submitters electronically, compared to using U.S. mail. Two examples of routine communications from EPA that would go through CDX rather than the U.S. mail are the Acknowledgment Letter (acknowledging receipt of a notice), and the Incomplete Letter (stating why a notice has been declared incomplete). PMN electronic reporting software allows for more efficient data transmittal, and the software's validation mechanism should help industry users submit fewer incomplete notices, which ultimately would save EPA and industry processing resources and reduce transaction times. EPA believes the adoption of electronic communications would reduce the reporting burden on industry by reducing both the cost and the time required to review, edit, and transmit data to the Agency. It also would allow submitters to share a draft notice within the company during the creation of a notice and to save a copy of the final file for future use. A ``Profiler,'' available in the software, would also allow for certain information to be kept on file by the submitter to avoid re-entering the same information into a new form. All information sent by EPA or the submitter via CDX would be transmitted securely to protect CBI. Furthermore, if anything in the submission has been claimed CBI, a non-CBI copy of the notice must be provided by the submitter. The new e-PMN software would facilitate the creation of this non-CBI version, eliminating the need for the submitter to do this manually. D. What are the Proposed Changes to the Existing PMN Form? EPA is proposing to amend the PMN form in order to collect two new information elements. First, 40 CFR part 700 requires submitters to pay a fee when they submit PMNs, MCANs, certain PMN exemption application notices, and SNUNs to the Agency. The amended PMN form would include a new User Fee Payment Identity Number field to enable the Agency to match more easily a particular user fee with a particular notice submission. A User Fee Payment Identity Number would be required and may be either a check number, a wire transfer number, or a ``Pay.gov'' transaction number used to transmit the user fee electronically. The second new information element on the amended PMN form would be optional and consist simply of the e-mail addresses for the authorized officials listed on the Submitter Identification section on page three of the PMN form. The e-mail address would enable the Agency to contact the submitter through e-mail, facilitating communications related to the submission. EPA is also proposing to remove the required Agent signature block field on page two of the PMN form. On the existing PMN form, if a manufacturer/importer subject to the notice requirements in 40 CFR part 720 designates an Agent to submit the form pursuant to 40 CFR 720.40(e), both the manufacturer/importer and the Agent must sign the form. EPA is proposing to remove the requirement that Agents sign the PMN form because few Agents have submitted forms in the past, and the Agent signature block is rarely used by the Agency. Eliminating the second signature also simplifies development of the e-PMN form. Note that a form submitted by an Agent would still have to be signed by the manufacturer/importer's authorized company official, and the Agent's name and contact information would still be provided on page three of the PMN form. The authorized company official remains responsible for false or misleading statements in the notice. The e-PMN software would allow users to print paper copies for internal company use. The printed version of the amended e-PMN form would have the same general look of the current paper PMN form, i.e., containing the same fields (with the modifications to the form discussed in Unit III.D.) and the same pagination. However, fields have been expanded to make more room for submitter information, resulting in a larger total number of pages, and realigned to make the form easier to scan. Under this proposed rule, persons who choose to submit PMNs on paper during the first year after the effective date of the final rule would be required to use the new e-PMN software to generate the paper form for each PMN or other TSCA section 5 notice they submit. EPA is proposing this requirement because the Agency has incorporated into the form many scanning efficiencies for the electronic capturing of data that would be lost if a blank PMN form is printed, photocopied, and used for another submission. E. How Would PMNs be Submitted via the Internet Using CDX? The Internet submission of TSCA section 5 notices would require submitters to use the e-PMN software to prepare a data file and to register with EPA's CDX under ``New Chemicals Submissions.'' 1. Registering with CDX. To register with CDX, the submitter would be directed to http://cdx.epa.gov/epa_home.asp. The submitter would be asked to agree to Terms and Conditions, provide information about the submitter and his/her organization, select a user name and password, and download, complete and mail an electronic signature agreement to EPA (discussed further in Unit III.F.). The electronic signature agreement is needed to identify an authorized person and establish a method to electronically sign the submission. Once EPA receives the electronic signature agreement, the submitter's user name and password will be activated, and only then would the submitter be able to send a submission to EPA through CDX. For planning purposes, please allow up to 1 week for EPA to process the electronic signature agreement and activate the user name and password. 2. Preparing the submission. All submitters would be required to use the new e-PMN software to prepare their submissions of TSCA section 5 notices. The e-PMN software would be available for free as a download from EPA's New Chemicals Program website at http://www.epa.gov/oppt/ newchems or mailed on an optical disc upon request. The e-PMN software guides users through the process of creating a PMN submission on their computers. Once a user completes the relevant data entry, the software would validate the submission by performing basic error checks and making sure all the required fields are completed, allow the user to create and save the submission for company [[Page 78265]] records, and prompt users to choose a submission method. 3. Completing the submission to EPA. During the 2-year phase-in period when paper and/or optical disc submission would still be allowed, the software would, as appropriate, also allow the user to choose ``Print,'' ``Save as a PDF,'' ``Save as an XML file'' for a submission on an optical disc, or ``Transmission through CDX.'' While permitted, submissions made in paper or using an optical disc would need to be mailed or delivered to EPA in the same manner that they are currently. When ``Transmission through CDX'' is selected, the user would be asked to provide the user name and password that were created during the CDX registration process. The software would then encrypt the file and submit it via CDX to EPA's New Chemical System (NCS). F. What is the Electronic Signatures Agreement? In order to submit electronically to EPA via CDX, individuals acting on behalf of the submitter must first register with CDX. One must register either as: 1. An authorized official of a company who can send all types of TSCA section 5 documents to EPA via CDX, or 2. Someone authorized by the authorized official to send TSCA section 5 supporting documents to EPA via CDX. Note, however, that authorized company officials are the only persons allowed to send TSCA section 5 notices and Letters of Support to EPA via CDX. There are two ways that joint submissions would be submitted to EPA via CDX. The first way is for each joint submitter to fill out his or her portion of the submission in separate notice forms. These forms are linked to each other within EPA via a common unique identifying number--a ``TS'' number (see proposed regulatory text language in 40 CFR 700.45(e)(3))--which both companies are required to develop together and put on their respective forms. The second way is for one of the joint submitters to provide supporting information in a Letter of Support. Both would require the authorized company officials of the joint submitting companies to register in order to submit to EPA via CDX. To register in CDX, the CDX registrant (also referred to as ``Electronic Signature Holder'' or ``Public/Private Key Holder'') downloads two forms: The Electronic Signature Agreement and the Verification by Company Authorizing Official Form. Registration enables CDX to perform two important functions: Authentication of identity and verification of authorization. For authentication of identity, the submitter completes the Electronic Signature Agreement form along with a signature and date, has the form notarized, and mails it back to EPA. The Verification by Company Authorizing Official Form requires the signatures of the authorized company official and anyone he/she authorizes to submit support documents for the company. There are separate designations for submitter in this form: The submitter is the authorized company official or the submitter is one of the following persons authorized by the authorized company official--a paid employee of the company, an outside consultant for the company, or an authorized representative agent for the company. When these forms are received, EPA activates the submitter's registration in CDX and sends him or her an e-mail notification. Submitters would need to complete and sign these forms only once. G. Would CBI be Protected When Submitting via CDX? Yes. EPA would ensure secure transmission of PMN data sent from the user's desktop through the Internet via the Transport Layer Security (TLS) 1.0 protocol. TLS 1.0 is a widely used approach for securing Internet transactions, and is endorsed by the National Institute of Standards and Technology (NIST) for protecting data sent over the Internet. See NIST Special Publication 800-52, Guidelines for the Selection and Use of Transport Layer Security (TLS) Implementations, http://csrc.nist.gov/publications/nistpubs/800-52/SP800-52.pdf. In addition, e-PMN software supports EPA's CROMERR requirements, as described under 40 CFR part 3, by enabling the submitter to electronically sign, encrypt, and submit submissions which EPA subsequently provides back to the submitter as an unaltered copy of record. This assures the submitter that the Agency has received exactly what the submitter sent to EPA. The current version of e-PMN encrypts using a module based on the 128-bit Advanced Encryption Standard (AES) adopted by NIST. AES is implemented as part of the Sun Java Runtime Environment (JRE) 5, which is bundled as part of e-PMN installation. Details about AES can be found on the NIST website at http:// csrc.nist.gov/publications/fips/fips197/fips-197.pdf, and information on Sun JRE implementation of AES can be found at http://java.sun.com/ developer/technicalArticles/Security/AES/AES_v1.html.