Regarding section 4.2 of the…

Regarding section 4.2 of the proposed amendment. The proposed amendment states:

"adding a new site to a covered facility’s operations would occur if all of the following apply:"

Is this a typo? Given the list, it seems much more reasonable that only the first condition is required. For example, we can consider a hypothetical case where an existing site, under the continued ownership of a current EPS participant, becomes part of an integrated EPS facility due to a change in shipping operations. In this case, the first condition would apply but none of the other 4 conditions would apply. Is this participant not able to add this site to their integrated facility?

For another example, consider a hypothetical case where an existing EPS participant acquires a business in the same sector with 1 site, where the seller had registered the site in the EPS as its own covered facility. After acquiring this site, the site becomes part of the buyer’s integrated facility. In this case, condition 1, 2, 3 would hold but 4 and 5 would not. Is this EPS participant not able to add this site to their integrated facility?

Please clarify why conditions 2 through 5 are a requirement for adding a site to a covered facility’s operations.

May I also recommend that condition 4 in this list be rewritten for additional clarity? It is difficult to parse and could reasonably be interpreted in several different ways.

Thank you.