NORTH CAROLINA DIVISION OF AIR QUALITY

                               Air Permit Review

Region:	Winston-Salem
County:	Rockingham
NC Facility ID:	7900090
Inspector's Name:	Hilary King
Date of Last Inspection:	04/23/2014
Compliance Code:	3 / Compliance - inspection
Facility Data
Applicant (Facility's Name):	MillerCoors LLC - Eden Brewery
Facility Address:	863 East Meadow Road
	Eden, NC  27288

SIC:	2082 / Malt Beverages
NAICS:	31212 / Breweries
Facility Classification:	Before:	Title V (TV)	After:	Synthetic Minor (SM)
Fee Classification:	Before:	TV	After:	SM
Permit Applicability
SIP:	Yes
NSPS:	Yes (40 CFR 60, Subpart IIII)
NESHAP:	Yes (40 CFR 63, Subparts 4Z & 6C)
PSD:	No
PSD Avoidance:	No
NC Toxics:	No
112(r):	Yes (Level 3)
Other:	N/A
Contact Data
Application Data
Application Number:	7900090.14B
Date Received:	11/04/2014
Application Type:	Modification
Application Schedule:	State
Existing Permit Data
Existing Permit Number:	03116T22
Existing Permit Issue Date:	04/08/2013
Existing Permit Expiration Date:	11/30/2015
Facility Contact
Michael Lozano
Utilities Manager
(336) 627-2100
863 East Meadow Road
Eden, NC  27288
Authorized Contact
James Smith
Vice President and Plant Manager
(336) 627-2204
863 East Meadow Road
Eden, NC  27288
Technical Contact
Michael Lozano
Utilities Manager
(336) 627-2100
863 East Meadow Road
Eden, NC  27288

 Review Engineer:  Christopher W. Lewter, P.E.
 Review Engineer's Signature:
 Date:
                          Comments / Recommendations:
Issue:	03116R23
Permit Issue Date:	03/10/2015
Permit Expiration Date:	11/30/2015

 INTENTION OF APPLICATION
An application requesting modification of permit 03116T22 was received from MillerCoors LLC on November 4, 2014.  The application contained the appropriate signature, number of copies, and fee, so the application was considered complete for processing at that time.  A complete chronology can be found in the following section of this review.  Any necessary facility and contact information was updated in the DAQ IBEAM database.  It was confirmed that the company remains registered, in good standing, with the NC Department of the Secretary of State as of the date of this review.  The application requests that several boilers, ash handling system (ES-4), and wastewater treatment plant (ES-36) and any associated control devices, and several exempt sources, be removed from the permit and the facility be reclassified as SM.

 CHRONOLOGY
The following table illustrates the sequence of events for this revision.

                                     Date
                                     Event
                                   Due Date
                                 Date Received
                                    Comment
                                  11/04/2014
Application received
                                      ---
                                      ---
Application complete for processing; clock started
                                  11/06/2014
Acknowledgement letter sent

                                  12/05/2014
Additional information request sent to Michael Lozano, Utilities Manager, via email
                                  12/19/2014
                                  02/19/2015
                                  (complete)
See attachment A; clock stopped; due date ultimately disregarded due to facility needing more time to gather information
                                  12/17/2014
Additional information received from Taylor Loftis, P.E., Senior Consultant with Trinity Consultants (facility's consultant), via email
                                      ---
                                      ---

                                  12/18/2014
Additional information request sent to Mr. Loftis via email

                                  12/30/2014
Additional information received from Mr. Loftis via email

                                  12/31/2014
Additional information request sent to Mr. Loftis via email

Additional information received from Mr. Loftis via email

                                  01/05/2015
Additional information request sent to Mr. Loftis via email
                                      ---
                                      ---
See attachment A; clock stopped
                                  02/19/2015
Additional information received from Mr. Loftis via email

See attachment A; clock restarted
                                  03/06/2015

See attachment A
                                  03/10/2015
Permit issued

None
DESCRIPTION OF BUSINESS
According to the report for the latest compliance inspection performed at the facility by Hilary King, DAQ-WSRO Engineer, and dated April 24, 2014, the facility is "...a beer brewing and packaging facility....The facility operates 24 hours per day, five days per week, and 50 weeks per year, for a total of 6,000 hours per year...."  As previously mentioned, the application requests that several boilers (ES-1  -  ES-3, and ES-6), ash handling system (ES-4), and wastewater treatment plant (ES-36) and any associated control devices, and several exempt sources (IES10, IES11, IES17, and IES25), be removed from the permit and the facility be reclassified as SM.

Mr. King noted the following permitting issues:

  "Bagfilter CD-11C, listed as a control device for the raw materials unloading and transfer system (Insignificant Emission Source ID No. IES18) is no longer installed and should be removed from the Insignificant Source list."  The bagfilter was removed as suggested by Mr. King.  It is noted that this permit writer asked Mr. Loftis numerous times if this was acceptable, or not, but no response was received (see attachment A).
 "Bagfilter CD-12C, listed as a control device for the grain transfer system (Insignificant Emission Source ID No. IES19) is no longer installed and should be removed from the Insignificant Source list."  The bagfilter was removed as suggested by Mr. King.  It is noted that this permit writer asked Mr. Loftis numerous times if this was acceptable, or not, but no response was received (see attachment A).
 "The facility's coal pile (Insignificant Emission Source ID No. IES25) is currently called a "cold" pile on the Insignificant Emission Source list.  A correction in the spelling is necessary."  No revision was necessary since this source was removed from the Insignificant / Exempt Activities attachment to the permit.

During the course of this review, it was discovered that the permitted emergency generator (ES-37) and fire pumps (ES-38 and ES-39) qualify for exemption from permitting per 15A North Carolina Administrative Code (NCAC) 2Q .0102(c)(2)(B)(v)(III)  -  emergency use generators...that have a rated capacity of no more than...590 kW (electric) or 900 hp for diesel-fired...engines.  The facility was made aware of this finding, but requested that these sources remain permitted.  Furthermore, it was discovered that the cold cleaner degreasers (six degreasers) (ES40 (former IES24)), hot melt adhesives application (ES9 (former (IES9)), and application of label glue (ES30 (former IES30)) no longer qualify for exemption from permitting per 15A NCAC 2Q .0102(c)(2)(D)(i)  -  graphic arts operations, paint spray booths or other painting or coating operations without air pollution control devices (water wash and filters that are an integral part of the paint spray booth are not considered air pollution control devices), and solvent cleaning operations located at a facility whose facility-wide actual emissions of VOC are less than five tons per year...  -  since actual VOC emissions from said sources are expected to exceed five tons per year.  Therefore, these sources were added to the permitted emissions sources list with IDs as requested by Mr. Loftis (see attachment A).

The facility owns/operates the following emissions sources and control devices (the changes for this revision are illustrated in bold and/or strikethrough text).

                Permitted Emissions Sources and Control Devices
                              Emissions Source ID
                         Emissions Source Description
                               Control System ID
                          Control System Description
                                 ES-1 and ES-2
                                 (MACT DDDDD)
Two coal/No. 2 fuel oil/No. 6 fuel oil-fired boilers (238 million Btu per hour heat input, each)
                                     CD-1
                                     CD-2
Two electrostatic precipitators (41,760 square feet of collecting plate area, each)
                                     ES-3
                                 (MACT DDDDD)
One No. 2 fuel oil/No. 6 fuel oil-fired boiler (136 million Btu per hour heat input)
                                      N/A
                                      N/A
                                     ES-4
                        One boiler ash handling system
                                     CD-4A
One air washer (7.1 square feet of collection surface area) installed on the boiler bottom ash exhaust and the flyash exhaust from the electrostatic precipitators
                                     ES-4
                        One boiler ash handling system
                                     CD-4B
One bagfilter (84 square feet of filter area) installed on the bottom ash silo

                                     CD-4C
  One bagfilter (84 square feet of filter area) installed on the flyash silo
                                     ES-6
                                 (MACT DDDDD)
     One No. 2 fuel oil-fired boiler (5.6 million Btu per hour heat input)
                                      N/A
                                      N/A
                                     ES-15
                     One brew house cleaning vacuum system
                                   CD-15A.1
                                   CD-15B.1
One cyclone (30 inches in diameter) and one bagfilter (86 square feet of filter area)

                                   CD-15A.2
                                   CD-15B.2
One cyclone (30 inches in diameter) and one bagfilter (86 square feet of filter area)
                                     ES-24
                                 Cold services
                                      N/A
                                      N/A
                                     ES-31
                               Product packaging
                                      N/A
                                      N/A
                                     ES-32
       One quality control coding ink application on the packaging lines
                                      N/A
                                      N/A
                                     ES-36
                          Wastewater treatment plant
                                      N/A
                                      N/A
                                 ES-37 (EmGen)
                      (MACT NSPS IIII & NESHAP ZZZZ)
One new (150 kW electrical output; 270 hp engine) emergency diesel fuel fired generator
                                      N/A
                                      N/A
                                     ES-38
                              (MACT NESHAP ZZZZ)
                    One existing (170 HP) diesel fired pump
                                      N/A
                                      N/A
                                     ES-39
                      (MACT NSPS IIII & NESHAP ZZZZ)
                      One new (140 HP) diesel fired pump
                                      N/A
                                      N/A
                                     ES40
                   Cold cleaner degreasers (six degreasers)
                                      N/A
                                      N/A
                                      ES9
                        Hot melt adhesives application
                                      N/A
                                      N/A
                                     ES30
                           Application of label glue
                                      N/A
                                      N/A

                           Exempt Emissions Sources
                                   Source ID
                              Source Description
                         15A NCAC Exemption Regulation
                                     IES1
             Warehousing operations (including bottle warehousing)
2Q .0102(c)(2)(E)(i)  -  Any source whose emissions would not violate any applicable emissions standard and whose...potential uncontrolled emissions, would each be no more than five tons per year and whose potential emissions of hazardous air pollutants (HAP) would be below their lesser quantity cutoff
                                     IES2
                               Spent grain silo

                                     IES4
                          (MACT, Subpart NESHAP ZZZZ)
One diesel-fired emergency generator (12 kW electrical output; 16 18 hp engine)
2Q .0102(c)(2)(B)(v)(III)  -  Emergency use generators...that have a rated capacity of no more than...590 kW (electric) or 900 hp for diesel-fired...engines
                                 IES5 [112(r)]
                          Ammonia refrigerator system
                             2Q .0102(c)(2)(E)(i)
                                     IES6
                              CO2 recovery system

                                     IES7
                       Specialty malt handling/receiving

                                     IES8
                      Spice addition system to brewhouse

                                     IES9
                        Hot melt adhesives application
                                      N/A
                                     IES10
          One No. 6 fuel oil storage tank (1,000,000 gallon capacity)
                                      N/A
                                     IES11
           One No. 2 fuel oil storage tank (30,000 gallon capacity)
                                      N/A
                              IES12.1 and IES12.2
          Two diesel fuel storage tanks (2,500 gallon capacity each)
2Q .0102(c)(1)(D)(i)  -  Storage tanks used solely to store fuel oils, kerosene, diesel, crude oil, used motor oil, lubricants, cooling oils, natural gas or liquefied petroleum gas
                                     IES13
                                (NESHAP CCCCCC)
               One gasoline storage tank (2,500 gallon capacity)
       2Q .0102(c)(1)(D)(ii)  -  Storage tanks used to store gasoline...
                                     IES14
                                Cooling towers
                             2Q .0102(c)(2)(E)(i)
                                     IES15
                     Utilities carbon regeneration system

                                     IES16
                   One used oil tank (1,000 gallon capacity)
                             2Q .0102(c)(1)(D)(i)
                                     IES17
                                 Coal bunkers
                                      N/A
                                     IES18
One raw materials unloading and transfer system, including the unloading pit, and malt, grit, black malt, and caramel malt silos with associated bagfilters (Nos. CD-11A, and CD-11B, and CD-11C) (formerly ES11)
                             2Q .0102(c)(2)(E)(i)
                                     IES19
One grain transfer system, including Nos. 1 and 2 malt receivers, grit receiver, and malt mills with associated bagfilters (Nos. CD-12A, CD-12B, CD-12C, and CD-12D) (formerly ES12)

                                     IES20
One wastewater treatment plant lime storage silo with associated bagfilter (No. CD-21) (formerly ES21)
                             2Q .0102(c)(2)(E)(i)
                                     IES21
          General maintenance  -  welding, degreasing, grinding, etc.
2Q .0102(c)(1)(A)(i)  -  maintenance, structural changes, or repairs which do not change the capacity of such process, fuel-burning, refuse-burning, or control equipment, and do not involve any change in quality or nature or increase in quantity of emission of regulated air pollutants;
                                     IES22
Premix room, DE warehouse, Precoat and Body feed and outside the ceramic filter room controlled by multiple fabric filters for diatomaceous earth handling system
                             2Q .0102(c)(2)(E)(i)
                                     IES23
                       Brewhouse (including wort tanks)

                                     IES24
                            Cold cleaner degreasers
                                      N/A
                                     IES25
                                   Cold pile

                                     IES26
                        Diatomaceous earth premix tanks
                             2Q .0102(c)(2)(E)(i)
                                     IES27
      One Igniter Oil Storage Tank for ES1 and ES2 (8000 gallon capacity)
                             2Q .0102(c)(1)(D)(i)
                                    IES28.1
   One Diesel Fuel Storage Tank for Fire Pump IES 3.1 (550 gallon capacity)

                                    IES28.2
   One Diesel Fuel Storage Tank for Fire Pump IES 3.2 (550 gallon capacity)

                                     IES29
    One No. 2 Oil Storage Tank for WWTP Boiler ES6 (10,000 gallon capacity)

                                     IES30
                           Application of Label Glue
                                      N/A
                                    IES-36
                          Wastewater treatment plant
            2Q .0102(c)(1)(F)  -  Wastewater treatment processes...
                                     IES33
                          Diatomacious earth handling
                             2Q .0102(c)(2)(E)(i)

 REVIEW OF REGULATIONS
The facility is subject to the following Title 15A NCAC regulations, save any regulations removed from the permit for this revision.  Only regulations warranting discussion due to the facility's modifications, those deemed necessary by this permit writer, and any regulatory changes since the last revision are addressed.

2D .0202  -  Registration of Air Pollution Sources (Added)
2D .0503  -  Particulates from Fuel Burning Indirect Heat Exchangers (Removed)
2D .0515  -  Particulates from Miscellaneous Industrial Processes
2D .0516  -  Sulfur Dioxide (SO2) Emissions from Combustion Sources
2D .0521  -  Control of Visible Emissions (VE)
2D .0524  -  New Source Performance Standards (NSPS)
2D .0535  -  Excess Emissions Reporting and Malfunctions
2D .0540  -  Particulates from Fugitive Dust Emission Sources
2D .0605  -  General Recordkeeping and Reporting Requirements (Added)
2D .0614  -  Compliance Assurance Monitoring (CAM) (Removed)
2D .0958  -  Work Practices for Sources of VOC
2D .1111  -  Maximum Achievable Control Technology
2D .1806  -  Control and Prohibition of Odorous Emissions
2D .2100  -  Risk Management Program (RMP) (Added)
2Q .0315  -  SM Facilities (Added)
2Q .0500  -  TV Procedures (Removed)
2Q .0508(g)  -  Permit Content (Removed)

2D .0202  -  Registration of Air Pollution Sources
This regulation applies and allows the Director to require a facility to report, as in this case, total weights and kinds of air pollution released as well as any other information considered essential in evaluating the potential of the source to cause air pollution.  Since this revision is a modification only, the facility was not required to submit an emissions inventory (EI).  The facility is required to submit an EI for CY2014 by June 30, 2015 (per the former TV permit) and an EI for CY2014, 90 days prior to the expiration of this permit.  It seems reasonable to anticipate compliance.

2D .0503  -  Particulates from Fuel Burning Indirect Heat Exchangers
This regulation does not apply.  This rule limits particulate matter (PM) emissions that are discharged from any stack or chimney into the atmosphere from sources in which fuel is burned for the purpose of producing heat or power by indirect heat transfer.  Fuels include those such as coal, coke, lignite, peat, natural gas, and fuel oil (FO), but exclude wood and refuse not burned as a fuel.  Since the facility no longer owns/operates any indirect heat exchangers, this rule was removed from the permit for this revision.

2D .0605  -  General Recordkeeping and Reporting Requirements
This regulation applies and was added to the permit for this revision since the facility was permitted as a TV facility for CY2015 until the effective date of this permit.  The facility is required to submit a compliance certification to the DAQ and to the EPA within 45 days of the issuance date of this permit.  The compliance certification must encompass CY2015 from January 1[st] through the effective date of the permit and be certified by a responsible official with all federally-enforceable terms and conditions in the TV permit, including emissions limitations, standards or work practices as described in the TV permit in accordance with 15A NCAC 2Q .0508(m).  The compliance certification shall comply with additional requirements as may be specified under Sections 114(a)(3) or 504(b) of the Federal Clean Air Act (CAA).  The compliance certification shall specify: 1) the identification of each term or condition of the TV permit that is the basis of the certification; 2) the compliance status; 3) whether compliance was continuous or intermittent; and 4) the method(s) used for determining the compliance status of the source, currently and over the reporting period.  The facility complied with this rule when it operated as a TV facility, so it seems reasonable to anticipate continued compliance.

2D .0614  -  CAM
This regulation does not apply.  This rule previously applied to the coal/No. 2 FO/No. 6 FO-fired boilers (ES-1 and ES-2).  Since the subject sources were removed from the permit, this rule was removed from the permit for this revision.

2D .2100  -  RMP
This regulation applies and was added to the permit for this revision  -  these requirements previously appeared at the condition requiring compliance with 2Q .0508(g) in the TV permit.  The facility is subject to Section 112(r) of the CAA and the RMP requirements per 40 CFR Part 68, Subpart G.  According to the report for the latest compliance inspection, "This facility is subject to Program Level 3 of Section 112(r) of the CAA, as 100,000 pounds of anhydrous ammonia is stored onsite, more than the threshold amount of ammonia (10,000 pounds).  Ray Stewart, P.E., DAQ-WSRO Compliance Supervisor, last conducted a complete 112(r) inspection on August 15, 2012.  The facility was found to be in compliance with the requirements of Section 112(r) of the CAA during that inspection.  During this general TV inspection, the facility had a current RMP dated January 5, 2012."  Compliance is indicated and it seems reasonable to anticipate continued compliance.

2Q .0315  -  SM Facilities
The facility is subject to this regulation.  This rule allows a facility to choose to have terms and conditions placed in the permit to limit emissions and restrict operations in order to avoid TV applicability and be classified as a SM facility.  For this revision, the calculations do not show the facility has the facility-wide potential (before controls/limits) to emit over 100 tons of VOC per year (see 7.  FACILITY-WIDE EMISSIONS), but Mr. Loftis indicated "...MillerCoors would prefer the conservative approach of requesting a synthetic minor limit for VOC..." (see attachment A).  It was also determined the facility has the facility-wide potential (before controls/limits) to emit more than 100 tons of PM10 per year (see 7.  FACILITY-WIDE EMISSIONS) so PM10 was added to this condition.

The facility did not request any restrictions (i.e. process limits, operational limits, operating hours limits, etc...) appear at this condition.  Since no restrictions were requested, a more stringent condition requiring the facility to record monthly and total monthly (for the previous 12 months) facility-wide VOC emissions is included at this condition.  The facility is also required to utilize the cyclones and bagfilters and perform periodic inspections and maintenance on said control devices as recommended by the manufacturer.  Annual inspections of each cyclone, and annual internal inspections of each bagfilter, are required.  All inspection, maintenance, and monitoring requirements associated with the cyclones and bagfilters are required to be recorded in a logbook, which is required to be kept on-site and made available to DAQ personnel upon request.  These requirements for the cyclones and bagfilters appeared in the TV permit, but it is noted the requirement for monthly visual inspections of the system ductwork, bagfilters and cyclones for leaks that appeared in the TV permit is not included in this permit.

The facility is required to report facility-wide VOC emissions (monthly and 12 month totals for the previous 12-month period) within 30 days after each calendar year quarter.  Quarterly reporting is required since facility-wide projected actual VOC emissions exceed 75 tons per year (see 7.  FACILITY-WIDE EMISSIONS); however, quarterly reporting could be relaxed to annual reporting should actual facility-wide VOC emissions be less than 75 tons per year.  It seems reasonable to anticipate compliance.

2Q .0500  -  TV Procedures
This regulation does not apply.  Since the facility is no longer classified as a TV facility, all references to TV procedures, except for final requirements, were removed from the permit for this revision.

2Q .0508(g)  -  Permit Content
This regulation does not apply.  As previously mentioned, the facility is subject to Section 112(r) of the CAA and the RMP requirements per 40 CFR Part 68, Subpart G and the requirements appeared at the condition requiring compliance with 2Q .0508(g) in the TV permit.  Since the facility no longer holds a TV permit, this condition was removed from the permit and the requirements now appear at the condition requiring compliance with 2D .2100.

 NSPS / NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS (NESHAP) / PREVENTION OF SIGNIFICANT DETERIORATION (PSD) / 112(r) / ATTAINMENT/NON-ATTAINMENT STATUS
NSPS  -  The facility owns/operates sources subject to a NSPS rule promulgated at 40 CFR Part 60.

The engines associated with emergency generator ES-37 and fire pump ES-39 are subject to 40 CFR Part 60, Subpart IIII  -  Standards of Performance for Stationary Compression Ignition Internal Combustion Engines (CI ICE).  This rule applies to owners and operators of stationary CI ICE that commence construction (i.e., order the engines) after July 11, 2005 where the stationary CI ICE are manufactured after April 1, 2006 and are not fire pump engines, or manufactured as a certified National Fire Protection Association fire pump engine after July 1, 2006.  The application packet for revision T22 indicates emergency generator ES-37 and fire pump ES-39 were both constructed and manufactured in 2012; therefore, these sources are subject to this rule.  The applicable standards and requirements are listed in the permit (see the permit for details).  The application packet indicates the engine associated with fire pump ES-38 pre-dates applicability of this rule and the application packet for revision T19 indicates emergency generator IES4 was purchased in 1980; therefore, these engines are not subject to this rule.

The exempt storage tanks containing diesel, gasoline, FO, and used oil (550 to 10,000 gallons) are not subject to 40 CFR Part 60, Subpart Kb  -  Standards of Performance for Volatile Organic Liquid (VOL) Storage Vessels (Including Petroleum Liquid Storage Vessels) for Which Construction, Reconstruction, or Modification Commenced After July 23, 1984.  This rule does not apply to storage tanks with capacities less than 75 cubic meters (approximately 19,813 gallons) that are used to store VOL and storage vessels located at gasoline service stations (defined by the rule as "...any site where gasoline is dispensed to motor vehicle fuel tanks from stationary storage tanks...").  All the storage tanks have capacities less than 19,813 gallons and it appears the gasoline storage tank is located at a gasoline service station as defined by the rule; therefore, this rule does not apply.

None of the sources are subject to 40 CFR Part 60, Subpart QQ  -  Standards of Performance for the Graphic Arts Industry: Publication Rotogravure Printing, since the facility has no publication rotogravure printing presses.

NESHAP  -  The facility owns/operates sources subject to a NESHAP rule promulgated at 40 CFR Part 63.  The facility currently does not own operate any sources subject to rules promulgated at 40 CFR Part 61.

The engines associated with the emergency generators (ES-37 and IES4) and fire pumps (ES-38 and ES-39) are subject to 40 CFR Part 63, Subpart ZZZZ  -  NESHAP for Stationary Reciprocating Internal Combustion Engines.  This rule applies to owners and operators of RICE at major and area sources of HAP emissions.  According to the rule, a stationary RICE located at an area source of HAP emissions is new if it was constructed on or after June 12, 2006 and is existing if it was constructed or reconstructed before June 12, 2006.  As previously mentioned, emergency generator ES-37 and fire pump ES-39 were both constructed and manufactured in 2012; therefore, the engines associated with these sources are considered new.  According to the rule, "An affected source that is a new...RICE located at an area source...must meet the requirements of this part by meeting the requirements of 40 CFR part 60 Subpart IIII, for compression ignition engines...No further requirements apply for such engines under this part."  The application packet indicates emergency generator ES-38 was constructed prior to June 12, 2006 and, as previously mentioned, the application packet for revision T19 indicates emergency generator IES4 was purchased in 1980; therefore, these engines are considered existing.  The applicable requirements for all the subject engines, except for IES4, are listed in the permit (see the permit for details).  Only reference to the requirements for emergency generator IES4 is included in the permit since this source is exempt from permitting.

The exempt storage tank containing gasoline (IES13) is subject to 40 CFR Part 63, Subpart CCCCCC  -  NESHAP for Source Category: Gasoline Dispensing Facilities (GDF).  This rule applies to each GDF that is located at an area source of HAP emissions and the affected sources include each gasoline cargo tank during the delivery of product to a GDF and each storage tank.  According to additional information received, the facility's monthly gasoline throughput is less than 10,000 gallons of gasoline; therefore, the requirements at §63.11116 apply.  The facility must not allow gasoline to be handled in a manner that would result in vapor releases to the atmosphere for extended periods of time. Measures to be taken include, but are not limited to: 1) minimize gasoline spills; 2) clean up spills as expeditiously as practicable; 3) cover all open gasoline containers and all gasoline storage tank fill-pipes with a gasketed seal when not in use; and 4) minimize gasoline sent to open waste collection systems that collect and transport gasoline to reclamation and recycling devices, such as oil/water separators.  The facility is not required to submit notifications or reports as specified in §63.11125, §63.11126, or 40 CFR Part 60, Subpart A, but must have records of gasoline throughput available within 24 hours of a request.  Portable gasoline containers that meet the requirements of 40 CFR Part 59, Subpart F are considered acceptable for compliance with measure three above.  It seems reasonable to anticipate compliance.  Since the gasoline storage tank qualifies for exemption from permitting, a condition notifying the facility of its responsibility for compliance with this rule was added to the permit.

None of the sources are subject to 40 CFR Part 63, Subparts KK  -  National Emission Standards for the Printing and Publishing Industry, because this rule applies to facilities that are major for HAP emissions.  The facility is minor for HAP emissions; therefore, this rule does not apply.

PSD  -  The facility was previously major for PSD; however, since the facility was constructed prior to the 1977 promulgation date of the PSD rules, the facility was considered a "grandfathered" source and not subject to PSD review.  Due to the modifications associated with this revision, the facility is now minor for PSD since it does not have the potential to emit more than 250 tons of any criteria pollutant per year (after controls) and does not own/operate any of the 28 named PSD source categories limited to 100 tons of any criteria pollutant per year (after controls).  PM10, SO2, and NOx emissions have been triggered for PSD increment tracking in Rockingham County with a baseline date of September 25, 1998.  For this revision, PM10, NOx, and SO2 emissions are expected to decrease due to the removal of several emissions sources, but a review of the facility's source files indicated increment tracking has not been reported for the facility.  Therefore, increment tracking is not necessary.

112(r)  -  The facility is subject to this regulation (see 4.  REVIEW OF REGULATIONS, 2D .2100  -  RMP).

ATTAINMENT/NON-ATTAINMENT STATUS  -  Rockingham County is considered as in attainment or unclassifiable for all regulated criteria pollutants.

 TOXICS APPLICABILITY
The facility has never triggered toxics rules and a toxics review was not triggered for this revision.

 FACILITY-WIDE EMISSIONS
The projected actual and potential emissions (after controls/limits) are from the supporting calculations included in the application packet.  It is noted that neither the facility, nor their consultant, provided calculations/emissions estimates for PM10 emissions (before controls).  In lieu of not providing this information and for simplicity, it was assumed that all PM from the brew house cleaning vacuum system (ES-15) is equal to PM10 and the control device efficiency for the control systems are 99.9%.  Based on these assumptions, potential PM10 emissions (before controls) were estimated as follows, which seems to be a reasonable estimate.

		PM10 (before controls) = (0.41 tons/yr) / (1  -  0.999) = 410 tons/yr

The changes in actual emissions were estimated by subtracting emissions from the CY2013 EI from the projected actual emissions.  The following table indicates the facility warrants SM classification.

                                   Pollutant
                          Projected Actual Emissions
                            (after controls/limits)
                                   [tons/yr]
                              Potential Emissions
                           (before controls/limits)
                                   [tons/yr]
                              Potential Emissions
                            (after controls/limits)
                                   [tons/yr]
                          Changes in Actual Emissions
                                   [tons/yr]
                                      PM
                                     2.24
                                   410[(1)]
                                     2.24
                                    -41.56
                                     PM10
                                     2.16

                                    <100
                                     -5.37
                                     PM2.5
                                     2.15

                                     2.15
                                     -1.44
                                      SO2
                                     0.32
                                    -677.21
                                      NOx
                                     4.91
                                    -380.15
                                      CO
                                     1.06
                                     -7.93
                                      VOC
                                     86.24
                                    <100
                                     -1.74
                                   HAPTotal
                                     3.01
                                    -22.82
                                  HAPHighest
                                3.01 (methanol)
                                    -17.94
                                    CO2(e)
                                   8,607.76
                                  -87,240.31
	(1)	Assumes PM = PM10 = PM2.5

 COMPLIANCE
Mr. King last inspected the facility on April 23, 2014.  According to the report for said inspection, "Based on review of records and visual observations, this facility appeared to be operating in compliance with Air Quality standards and regulations at the time of this inspection."  Regarding violations issued to the facility in the last five years, Mr. King noted,

"April 9, 2013  -  NOV/NRE for failure to conduct a bagfilter inspection in a timely manner, inaccurate semiannual TV report, and inaccurate TV ACC. The report was due January 30, 2013, and was received on January 28, 2013. The ACC was due March 1, 2013, and received on February 28, 2013. Enforcement was not pursued, due to facility's alerting of DAQ to the issue promptly. A no-enforcement memo was filed on May 10, 2013.

March 11, 2013  -  NOV for an inaccurate semiannual TV report and inaccurate TV ACC. The report was due January 30, 2013, and was received on January 28, 2013. The ACC was due March 1, 2013, and received on February 28, 2013.

August 2, 2012  -  NOD for late semiannual TV report. The report was due on July 30, 2012, and received on August 1, 2012."

 APPLICATION FEE / ZONING CONSISTENCY DETERMINATION (ZCD)
An application fee is required for a permit modification application and a check in the amount of $400.00 was included in the application packet.  This is the correct amount since this review determined the facility's fee classification is SM, for which the permit modification application fee is currently $400.00.

A ZCD is required for a permit modification that involves expansion of a facility.  The modifications associated with this application do not involve expansion of the facility; therefore, this rule does not apply.

 RECOMMENDATION
It is recommended that permit 03116R23 be issued to MillerCoors LLC - Eden Brewery.

 SUMMARY OF ATTACHMENT
The following attachment accompanies this review.

                                  Attachment
                                  Description
                                       A
Correspondence between DAQ and facility personnel


[Federal Register Volume 87, Number 28 (Thursday, February 10, 2022)]
[Notices]
[Pages 7852-7858]
[FR Doc No: 2022-02950]

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DEPARTMENT OF HOMELAND SECURITY

[Docket No. FEMA-2022-0009]

Privacy Act of 1974; System of Records

AGENCY: Federal Emergency Management Agency, U.S. Department of
Homeland Security.

ACTION: Notice of a modified system of records.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Privacy Act of 1974, the U.S.
Department of Homeland Security (DHS) proposes to modify an existing
system of records titled, ``DHS/Federal Emergency Management Agency
(FEMA)-008 Disaster Recovery Assistance Files.'' This system of records
describes DHS/FEMA's collection and maintenance of records on
applicants for its Disaster Assistance programs that provide financial
and other tangible assistance to survivors of presidentially declared
disasters or emergencies. DHS/FEMA is modifying this system of records
notice (SORN) to include: (1) Updating the system location; (2)
clarifying the purpose of the SORN; (3) updating the categories of
records; (4) updating the routine uses; (5) changing the retention and
disposal schedule of records; and (6) updating record source
categories. Additionally, this notice includes non-substantive changes
to simplify the formatting and text of the previously published notice.
This updated system will be included in DHS's inventory of record
systems.

DATES: Submit comments on or before March 14, 2022. This modified
system will be effective upon publication. New and modified routine
uses will become effective March 14, 2022.

ADDRESSES: You may submit comments, identified by docket number FEMA-
2022-0009 by one of the following methods:
     Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Lynn Parker Dupree, Chief Privacy Officer, Privacy
Office, U.S. Department of Homeland Security, Washington, DC 20528-
0655.
    Instructions: All submissions received must include the agency name
and docket number FEMA-2022-0009. All comments received will be posted
without change to https://www.regulations.gov, including any personal
information provided.
    Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact:
Tammi Hines,<PHONE_NUMBER>, [email protected], Senior Director
for Information Management, Federal Emergency Management Agency, U.S.
Department of Homeland Security, Washington, DC 20528. For privacy
questions, please contact: Lynn Parker Dupree,<PHONE_NUMBER>,
[email protected], Chief Privacy Officer, Privacy Office, U.S.
Department of Homeland Security, Washington, DC 20528-0655.

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with the Privacy Act, this modified system of records
notice is being published because the Federal Emergency Management
Agency (FEMA) collects, maintains, uses, retrieves, and disseminates
personally identifiable information of individuals who apply for FEMA
disaster assistance when a Presidential disaster declaration or
emergency has occurred or may be imminent. FEMA's applicant records
included in this system may contain income information, insurance
information, housing inspection reports, and correspondence notations
about various types of assistance, including information about appeals,
recovery of disaster assistance funds, and other related information.
    The purpose of this system of records is to: Facilitate
registration for FEMA's disaster assistance programs; correspond with
applicants; verify Individuals and Households Program (IHP) Assistance
applicant information; determine the eligibility of applicants; and
focus, direct, and refer applicants to all sources of disaster
assistance. Additional purposes include: Preventing a duplication of
federal government efforts and benefits, identifying the misuse of
disaster assistance, identifying disaster assistance provided in error,
identifying and preventing possible fraudulent activity in anticipation
of or after a presidentially declared major disaster or emergency, and
assessing FEMA's disaster assistance programs for equality, equity, and
customer satisfaction. The information contained in this system may
also be used to identify and implement measures to reduce future
disaster damage. To accomplish these purposes, FEMA may maintain
investigative summary reports in this system of records to support the
recoupment, appeals, and oral hearing processes.
    FEMA is updating the SORN to reflect the following changes. First,
the system location has been updated to broadly reflect the location of
the records at the FEMA Headquarters in Washington, DC, FEMA Regional
Offices, Joint Field Offices, National Processing Service Centers, and
Disaster Recovery Centers. In addition, electronic records stored in
the system are maintained at the FEMA Data Center at Bluemont,
Virginia, and at the DHS Data Center 2 in Clarksville, Virginia.
Second, the categories of records have been updated and consolidated in
favor of a more comprehensive list of data elements collected from
Individual Assistance applicants. The categories of records also
include investigative summary reports compiled through internal FEMA
investigations or other DHS/FEMA programs, as well as records of
assistance provided under the FEMA National Flood Insurance Program
(NFIP). These reports were added to further support FEMA actions during
the recoupment, appeals, and oral hearing processes in order to recover
disaster assistance funds, as mandated by the Stafford Act, 42 U.S.C.
5155, and 44 CFR secs. 206.116 and 206.191. The National Flood
Insurance Program records were added to prevent a duplication of
benefits between National Flood Insurance Program and the Group Flood
Insurance Policy provided under Other Needs Assistance (ONA). Third,
the purpose of the system is being updated to support FEMA efforts to
prevent fraud, waste, and abuse by verifying applicant account and
identity information and identifying assistance provided in error,
funds spent inappropriately by the applicant, or misuse of disaster
assistance. Fourth, FEMA is adding and modifying several routine uses.
Routine Use E is being modified and Routine Use F is being added to
conform to Office of Management and Budget Memorandum M-17-12 regarding
breach notification and investigation. Routine Use I is revised to
provide added clarity on how states and other entities involved in
emergency response efforts request FEMA information. Routine Use K is
added to permit verification of billing records as proof of disaster-
related expenses incurred. Routine Use M is modified to incorporate
information sharing with the Department of Treasury's Bureau of Fiscal
Services to verify applicant identity and account information as a
fraud prevention measure and for the Treasury's Do Not Pay Working
System, established

pursuant to Section 5 of the Improper Payments Elimination and Recovery
Improvement Act (IPERIA) of 2012, which determines federal eligibility
for disbursement of payments by checking death records, federal debt
records, and lists of sanctioned individuals. Routine Use P is revised
to include disclosure of information to the Oral Hearing Official.
Routine Use T is added to allow investigation summary reports, which
may contain third party personally identifiable information, to be
shared with the individual survivor involved in the recoupment,
appeals, and oral hearing processes. Routine Use U is added to reflect
the FEMA Administrator's statutory authority under 6 U.S.C. 728 to
disclose survivor data to a federal, state, local, territorial, or
tribal law enforcement agency in order to identify illegal conduct or
address public safety or security issues, including compliance with sex
offender notification laws, in the event of circumstances requiring an
evacuation, sheltering, or mass relocation. Routine Use V is added to
reflect disclosure of information for the safety of individuals in FEMA
temporary housing or sheltering during a declared public health
emergency. Routine Use W is added to reflect information sharing with
state, local, territorial, and tribal government and private entities
to verify applicant identity and account information as a fraud
prevention measure. Fifth, a National Archives and Records
Administration (NARA) authority retention schedule is added for
investigative summary reports. Finally, the record source categories
are updated to include the sources for the investigation summary
reports. Additionally, this notice includes non-substantive changes to
simplify the formatting and text of the previously published notice.
    Consistent with DHS's information sharing mission, information
stored in the DHS/FEMA-008 Disaster Recovery Assistance Files System of
Records may be shared with other DHS components that have a need to
know the information to carry out their national security, law
enforcement, immigration, intelligence, or other homeland security
functions. In addition, DHS/FEMA may share information with appropriate
federal, state, local, tribal, territorial, foreign, or international
government agencies consistent with the routine uses set forth in this
system of records notice.
    This modified system will be included in DHS's inventory of record
systems.

II. Privacy Act

    The fair information practice principles found in the Privacy Act
underpin the statutory framework governing the means by which federal
government agencies collect, maintain, use, and disseminate
individuals' records. The Privacy Act applies to information that is
maintained in a ``system of records.'' A ``system of records'' is a
group of any records under the control of an agency from which
information is retrieved by the name of an individual or by some
identifying number, symbol, or other identifying particular assigned to
the individual. In the Privacy Act, individuals are defined as U.S.
citizens and lawful permanent residents. Additionally, the Judicial
Redress Act (JRA) provides covered persons with a statutory right to
make requests for access and amendment to covered records, as defined
by the Judicial Redress Act, along with judicial review for denials of
such requests. In addition, the Judicial Redress Act prohibits
disclosures of covered records, except as otherwise permitted by the
Privacy Act.
    Below is the description of the DHS/FEMA-008 Disaster Recovery
Assistance Files System of Records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this system of records to the Office of Management and Budget and to
Congress.

SYSTEM NAME AND NUMBER:
    Department of Homeland Security (DHS)/Federal Emergency Management
Agency (FEMA)-008 Disaster Recovery Assistance Files System of Records.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records are maintained at the FEMA Headquarters in Washington, DC;
FEMA Regional Offices; Joint Field Offices; National Processing Service
Centers; Disaster Recovery Centers; and the DHS/FEMA data centers
located in Bluemont, Virginia, and Clarksville, Virginia.

SYSTEM MANAGER(S):
    Division Director, Individual Assistance Division,<PHONE_NUMBER>,
[email protected], Federal Emergency Management Agency,
500 C Street SW, Washington, DC 20472.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Robert T. Stafford Disaster Relief and Emergency Assistance Act
(the Stafford Act), Public Law 93-288, as amended (42 U.S.C. secs.
5121-5207); 6 U.S.C. secs. 728, 776, 777, and 795; the Debt Collection
Improvement Act of 1996, 31 U.S.C. secs. 3325(d) and 7701(c)(1); the
Government Performance and Results Act, Public Law 103-62, as amended;
Executive Order 13411; and Executive Order 12862.

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system is to register applicants seeking
disaster assistance from FEMA both after a Presidential disaster
declaration or emergency and when a declaration may be imminent, but
not yet declared; to verify Individuals and Households Program
applicant information; determine eligibility of applicants; to
correspond with, focus, direct, and refer applicants to available
sources of disaster assistance; and to inspect damaged property.
Additional purposes include: To identify and implement measures to
reduce future disaster damage; to prevent or correct a duplication of
federal government efforts and benefits; to identify possible
fraudulent activity after a presidentially declared disaster or
emergency; to identify assistance provided in error, funds spent
inappropriately by the applicant, or misuse of disaster assistance; and
to assess the customer satisfaction of FEMA disaster assistance
applicants.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    All individuals and their household members who apply for or
express interest in applying for FEMA disaster assistance following a
presidentially declared major disaster or emergency (Note: FEMA will
accept applications from any individual; however, an individual must
self-certify as a U.S. citizen, non-citizen national, or qualified non-
citizen to meet the eligibility requirements for Individuals and
Households Program Assistance). Individuals also include those who
apply for or express interest in non-FEMA assistance programs in order
to facilitate a duplication of benefits check or determination of unmet
needs.

CATEGORIES OF RECORDS IN THE SYSTEM:
    (a) Registration and Assistance Records
     Disaster number;
     FEMA Registration ID/Occupant ID;
     Applicant/co-applicant information:
    [cir] Full name;
    [cir] Social Security number or A-number;
    [cir] Citizenship status;
    [cir] Signature;
    [cir] Date of birth;

    [cir] Phone numbers;
    [cir] Email addresses;
    [cir] Mailing addresses;
    [cir] Position title and number of years;
    [cir] Employer name;
    [cir] Language(s) spoken;
    [cir] Number of dependents claimed;
    [cir] User ID;
    [cir] Password; and
    [cir] Personal Identification Number (PIN).
     Witness name and signature;
     Damaged dwelling:
    [cir] Addresses of the damaged dwelling and the applicant's current
location (if other than the damaged dwelling);
    [cir] County;
    [cir] Geospatial location of dwelling;
    [cir] Phone numbers; and
    [cir] Information related to residence (accessibility, type, own/
rent, damage sustained).
     Disaster-related expenses;
     Emergency needs (e.g., food, clothing, shelter);
     Disability-related needs and accommodations (e.g., sign
language interpreter, Assistive Listening Device, braille, wheelchair
access, mobility, mental, hearing, vision, other needs and
accommodations);
     Occupant and household information (for all occupants at
the time of disaster):
    [cir] Name (first name, middle initial, last name);
    [cir] Age;
    [cir] Relationship to applicant;
    [cir] Dependent? (Yes/No);
    [cir] Sex;
    [cir] Pre- and post-disaster income information of occupants 18
years of age or older; and
    [cir] Tribal Membership Status (if applicable).
     Business damage:
    [cir] Self-employment is primary income? (Yes/No); and
    [cir] Business or rental property affected? (Yes/No).
     Authorization for electronic funds transfer of benefits:
    [cir] Institution name;
    [cir] Account type; and
    [cir] Account number and routing number.
     Comments and correspondence from the applicant;
     Supporting documents that show proof of occupancy or
ownership of a dwelling and/or verify identity. This includes but is
not limited to:
    [cir] Driver's license;
    [cir] State/Federal issued photo identification;
    [cir] Mortgage payment receipts;
    [cir] Real property insurance;
    [cir] Tax receipts or property tax bill;
    [cir] Property title;
    [cir] Contract for deed;
    [cir] Voter registration card;
    [cir] Death certificate and will; and/or
    [cir] Maintenance receipts.
     Public records information for identity verification;
     Pre-registration questionnaire information;
     Disaster loan status (i.e., rejected, approved, declined,
verified, cancelled);
     Travel and accommodations related information (e.g.,
flight information, travel assistance needs, companion information);
     Information related to determining eligibility for
assistance, including date of the disaster, application status,
insurance information, types and amount of damage to the dwelling,
supporting documentation (e.g., death certificates, invoices, receipts,
and documentation to support accommodations or access and functional
need requests and repairs) and results of the home inspection
(including inspector's notes and determination);
     Landowner's or landlord's information (in cases where FEMA
is placing a manufactured housing unit on the individual's land or for
other temporary housing assistance):
    [cir] Name;
    [cir] Address;
    [cir] Phone number; and
    [cir] Signature.
     Correspondence and documentation related to determining
eligibility and appropriate housing unit size, type, and location for
temporary housing assistance, including general correspondence;
complaints; requests for disbursement of payments; inquiries from
tenants and landlords; information related to household access and
functional needs; general administrative and fiscal information;
payment schedules and forms; termination notices; information shared
with the temporary housing program staff from other agencies to prevent
the duplication of benefits; leases; contracts; specifications for
repair of disaster damaged residences; reasons for revocation or denial
of aid; sales information related to occupant purchase of housing
units; and the status or disposition of housing applications;
     Recoupment, appeals and/or arbitration (oral hearings) of
such determinations;
     Notice of Potential Debt Letter;
     Notations and reports of decisions for disaster or similar
financial awards and assistance from other FEMA Programs, federal and
state agencies, insurance companies, employers, banks, financial,
power/utility companies, health care providers, safety/rescue services,
and public or private entities as they relate to determinations of
applicants' eligibility for Individuals and Households Program disaster
assistance; and
     Unsolicited information concerning an individual's
suspected or actual exposure to illness during a public health
emergency, including, but not limited to quarantine or isolation
orders.
    (b) Inspection Reports:
     Inspection reports contain applicants' personally
identifiable information (as outlined above) and results of assessments
of damaged real property; personal property; and goods, which may
include: descriptions and photographic images of an applicant's home
and personal items; video and/or audio of the inspection conducted on
the home; and notations of cleaning, sanitizing, and debris removal by
contractors and partnering agencies. Inspection reports may also
include Inspector ID.
    (d) Assistance from Other Sources:
     Other files independently kept by the state, territory,
tribe, local government, voluntary agency, or other source of
assistance that contain records of persons who request disaster aid,
including for the ``Other Needs'' assistance provision of the
Individuals and Households Program administrative files and reports
required by FEMA. The states, territories, tribes, local governments,
voluntary agencies, and other sources of assistance keep the same type
of information about individuals as described above under registration,
inspection, and temporary housing assistance records.
     Records of assistance from the FEMA National Flood
Insurance Program to avoid duplication of benefits (name, address,
disaster assistance coverage required code, policy number, policy
number, policy effective date, policy coverage building, policy
coverage contents, new policy date, and expiration date).
    (f) Customer service survey responses
     Demographic information (race, ethnicity, religion,
gender, sex, nationality, age, disability, English proficiency,
economic status, income level, marital status); and
     Responses to customer service and customer satisfaction
survey questions.
    (g) Investigation results that may contain the name and address of
the applicants to support recoupment, appeals, oral hearings, or other
legal proceedings in order to recover disaster assistance.

RECORD SOURCE CATEGORIES:
    FEMA receives information from individuals who apply for disaster
assistance through three different media: (1) Electronically via the
internet at https://www.disasterassistance.gov (FEMA Form 009-0-1 and
FEMA Form 009-0-2); (2) by calling FEMA's toll-free number 1-800-621-
3362 (FEMA Form 009-0-1t and FEMA Form 009-0-2t); and (3) through
submission of a paper copy of pre-registration intake, FEMA Form 009-0-
1 and its Spanish-language equivalent, FEMA Form 009-0-2. In addition,
information in this system of records derives from Temporary Housing
Assistance Eligibility Determinations (FEMA Forms 009-0-5 and 009-0-6),
Application for Continued Temporary Housing Assistance (FEMA Form 010-
0-12), and Housing Inspections (FEMA Forms 009-0-143, 009-0-144, and
009-0-145). Information may also come from FEMA inspectors; financial
institutions; insurance companies; other federal, state, territorial,
local, tribal, and voluntary agencies; and commercial databases (for
verification purposes). The final investigative summary report is
stored in this system of records in the event that an applicant's file
is investigated for fraud.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside DHS/FEMA
as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    A. To the Department of Justice (DOJ), including the U.S. Attorneys
Offices, or other federal agencies conducting litigation or proceedings
before any court, adjudicative, or administrative body, when it is
relevant or necessary to the litigation and one of the following is a
party to the litigation or has an interest in such litigation:
    1. DHS or any component thereof;
    2. Any employee or former employee of DHS in his/her official
capacity;
    3. Any employee or former employee of DHS in his/her individual
capacity, only when DOJ or DHS has agreed to represent the employee; or
    4. The United States or any agency thereof.
    B. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of the individual to whom the record pertains.
    C. To the National Archives and Records Administration or General
Services Administration pursuant to records management inspections
being conducted under the authority of 44 U.S.C. secs. 2904 and 2906.
    D. To an agency or organization for the purpose of performing audit
or oversight operations as authorized by law, but only such information
as is necessary and relevant to such audit or oversight function.
    E. To appropriate agencies, entities, and persons when (1) DHS
suspects or has confirmed that there has been a breach of the system of
records; (2) DHS has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, DHS (including
its information systems, programs, and operations), the federal
government, or national security; and (3) the disclosure made to such
agencies, entities, and persons is reasonably necessary to assist in
connection with DHS's efforts to respond to the suspected or confirmed
breach or to prevent, minimize, or remedy such harm.
    F. To another federal agency or federal entity when DHS determines
that information from this system of records is reasonably necessary to
assist the recipient agency or entity in (1) responding to a suspected
or confirmed breach or (2) preventing, minimizing, or remedying the
risk of harm to individuals, the recipient agency or entity (including
its information systems, programs, and operations), the federal
government, or national security, resulting from a suspected or
confirmed breach.
    G. To an appropriate federal, state, tribal, local, international,
or foreign law enforcement agency or other appropriate authority
charged with investigating or prosecuting a violation or enforcing or
implementing a law, rule, regulation, or order, when a record, either
on its face or in conjunction with other information, indicates a
violation or potential violation of law, which includes criminal,
civil, or regulatory violations and such disclosure is proper and
consistent with the official duties of the person making the
disclosure.
    H. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a contract, service, grant,
cooperative agreement, or other assignment for DHS/FEMA, when necessary
to accomplish an agency function related to this system of records.
Individuals provided information under this routine use are subject to
the same requirements and limitations on disclosure as are applicable
to DHS/FEMA officers and employees.
    I. To certain government, private sector, voluntary entities,
hospitals, and utility companies when disclosure of applicant
information is necessary to prevent a duplication of efforts or a
duplication of benefits in determining eligibility for disaster
assistance, and/or to address unmet needs of eligible, ineligible, or
partially-eligible FEMA applicants. The above-mentioned entities must
have a disaster assistance program to address the unmet disaster-
related needs of disaster survivors or be actively involved in the
recovery efforts of the disaster, or a related assistance program
involving FEMA applicants. The receiving entity is not permitted to
alter or to further disclose the information to other disaster
organizations or third parties, without express, prior written approval
from FEMA, or as required by law.
    FEMA may make Routine Use I disclosures under the following
circumstances:
    1. To federal entities with programs that make available disaster
assistance to individuals and households, administer a disaster-related
program, and/or give preference of priority to disaster applicants,
including those that evacuate from a declared state to another state
and to prevent a duplication of efforts or benefits. FEMA-authorized
agreements address the federal entity sharing of information from FEMA
with its contractors/grantees, and/or agents that are administering a
disaster related program on behalf of the federal entity (e.g., other
state, tribal, and local agencies working under the guise of the
requesting federal entity). FEMA may also share with other federal
entities for the purpose of contacting FEMA Individuals and Households
Program applicants to seek their voluntary participation in surveys or
studies concerning effects of disasters, program effectiveness, and to
identify possible ways to improve community preparedness and resiliency
for future disasters.
    2. To state, tribal, and territorial agency (STT) programs that
make available any disaster assistance to individuals and households
and/or give preference of priority to disaster applicants, including
those that evacuate from a declared state to another state, and/or to
prevent a duplication of efforts or benefits. State, tribal, and
territorial agencies may request and receive information using the
protocols established in an appropriate FEMA-authorized agreement.
FEMA-authorized agreements address the state, tribal, and

territorial agency sharing of information from FEMA with its
contractors/grantees, and/or agents that are administering a disaster
related program on behalf of the Agency (e.g., other state, tribal, and
territorial agencies working under the guise of the requesting state
agency). FEMA may also share with state, tribal, and territorial
entities for the purpose of contacting FEMA Individuals and Households
Program applicants to seek their voluntary participation in surveys or
studies concerning effects of disasters, program effectiveness, and to
identify possible ways to improve community preparedness and resiliency
for future disasters.
    3. To local government entities, including towns, counties/
parishes, cities, townships, and locally governed subdivisions
(Localities) with disaster assistance programs to address the unmet
disaster-related needs of disaster survivors for a declared county
charged through legislation or chartered with administering disaster
relief/assistance programs. The Locality must be actively involved in
the recovery efforts of the disaster. Localities may request data by
submitting a written request to FEMA. The written request from the
entity shall explain the type of tangible assistance being offered, the
type of verification required, and, if applicable, the individuals for
whom verification is required before the assistance can be provided.
FEMA may also share with Localities for the purpose of contacting FEMA
Individuals and Households Program applicants to seek their voluntary
participation in surveys or studies concerning effects of disasters,
program effectiveness, and community preparedness and resiliency for
future disasters. Localities may share information they receive from
FEMA with their contractors/grantees, and/or agents that are
administering a disaster related program on behalf of the Locality
according to a FEMA-authorized agreement.
    4. Voluntary Organizations Active in Disaster (VOAD) (as defined in
44 CFR 206.2(a)(27)), and FEMA- and/or State-recognized Long Term
Recovery Committees (LTRC) and their members with disaster assistance
programs to address the unmet disaster-related needs of disaster
survivors for a declared county charged through legislation or
chartered with administering disaster relief/assistance programs. The
voluntary organization must either have a national membership in good
standing with the National Voluntary Organizations Active in Disaster
association, be a Long Term Recovery Committee, or member of such
committee for that disaster. The entity shall make a written request to
either FEMA or a State agency for FEMA disaster applicant information.
The written request from the entity shall explain the type of tangible
assistance being offered, the type of verification required, and, if
applicable, the individuals for whom verification is required before
the assistance can be provided. The Voluntary Organization Active in
Disaster must also have a disaster assistance program to address the
unmet disaster-related needs of disaster survivors and be actively
involved in the recovery efforts of the disaster. Voluntary
Organizations Active in Disaster and Long Term Recovery Committees may
share information they receive from FEMA with their contractors/
grantees, and/or agents that are administering a disaster related
program on their behalf according to a FEMA-authorized agreement.
    5. To utility companies and hospitals (UC/H) that have a disaster
assistance program to address the unmet disaster-related needs of
disaster survivors and are actively involved in the recovery efforts of
the disaster. FEMA may disclose lists of applicant names, contact
information, their FEMA verified loss amount, amounts received, award
category, and Small Business Administration loan status for the purpose
of providing additional disaster assistance and/or addressing unmet
needs. FEMA may disclose the aforementioned data elements according to
different sub-categories of disaster applicants (e.g., those that
received maximum amounts, those that have flood insurance coverage,
those with emergency needs, or those over a certain age). FEMA shall
release this information only during the disaster period of assistance
as defined in 44 CFR 206.110(e), plus 90 days to address any appeals
(44 CFR 206.115(f)).
    6. FEMA may immediately disclose, on a case-by-case basis, to an
entity qualified under Routine Use (I)(4) or (I)(5) or to other
organizations that loan or donate new or used durable medical equipment
and assistive technology, information about applicants in need of such
equipment or technology. The applicant in question must have an
immediate need for durable medical equipment or assistive technology as
a result of a declared disaster, and the qualifying entity is able to
provide the requested assistance in question. An immediate need is a
need that is of such urgency or severity that one could reasonably
expect the absence of the durable medical equipment or assistive
technology to place the health of the applicant in serious jeopardy, to
compromise the safety of the applicant, or to prevent the applicant
from relocating from a shelter facility to the next stage of recovery.
Specifically, FEMA may release the applicant's name and limited contact
information (telephone number, email address, and if being delivered to
a location other than a shelter, the applicant's temporary or current
residence).
    J. To federal, state, tribal, territorial, or local government
agencies; voluntary organizations; insurance companies; employers; any
public or private entities; banks and financial institutions when an
applicant's eligibility, in whole or in part, for FEMA's Individuals
and Households Program depends upon financial benefits already received
or available from that source for similar purposes as necessary to
determine benefits; and to prevent duplication of disaster assistance
benefits (as described in 42 U.S.C. 5155). FEMA initiates the
transaction by only disclosing the name, address, and date of birth of
an applicant in order to properly identify the same and obtain desired
relevant information from entities listed above.
    K. To contractors, medical providers, dental providers, landlords,
mechanics, child care providers, or other private entities, when cited
by applicants as proof of an expense, to verify the accuracy of an
expense for FEMA's Individuals and Households Program. FEMA may
disclose the applicant's name and limited contact information
(telephone number, current address, and/or damaged dwelling address)
and a record identifier (e.g., account, invoice or estimate numbers) to
the third-party service provider.
    L. To federal, state, tribal, territorial, or local government
agencies charged with the implementation of hazard mitigation measures
and the enforcement of hazard-specific provisions of building codes,
standards, and ordinances. FEMA will only disclose information for the
following purposes:
    1. For hazard mitigation planning purposes, to assist federal,
state, territorial, tribal, or local government agencies in identifying
high-risk areas and preparing mitigation plans that target those areas
for hazard mitigation projects implemented under Federal, State,
tribal, territorial, or local hazard mitigation programs.
    2. For enforcement purposes, to enable federal, state, tribal,
territorial, or local government agencies ensure that owners repair or
rebuild structures in conformity with applicable hazard-specific
building codes, standards, and ordinances.

    M. To the Department of the Treasury, to verify identity and
account information of an applicant as well as to determine eligibility
for final payment from federal programs (e.g., Do Not Pay program). An
applicant's Social Security number will be released in connection with
a request that the Department of the Treasury provide a disaster
assistance payment to an applicant under the Individuals and Households
Program.
    N. To a state, local, territorial, or tribal government agency in
connection with billing that state, local, territorial, or tribal
government for the applicable non-federal cost share under the
Individuals and Households Program. Information shared shall only
include applicants' names, contact information, and amounts of
assistance received.
    O. To state, tribal, territorial, or local government emergency
managers, when an applicant is occupying a FEMA temporary housing unit,
for the purposes of preparing, administering, coordinating, and/or
monitoring emergency response, public safety, and evacuation plans.
FEMA shall only release the applicants' phone numbers, address, and
number of household occupants of the housing unit.
    P. To the Department of the Treasury, Department of Justice, the
U.S. Attorney's Office, an Oral Hearing Official, or other third party
for further collection action on any delinquent debt when circumstances
warrant.
    Q. To federal, state, territorial, tribal, or local law enforcement
authorities, or agencies, or other entities authorized to investigate
and/or coordinate locating missing children and/or reuniting families.
    R. To state, tribal, territorial, or local government election
agencies/authorities that oversee the voting process within their
respective municipalities, for the purpose of ensuring voting rights of
individuals who have applied for FEMA assistance, limited to their own
respective citizens who are displaced from their voting jurisdiction by
a presidentially declared major disaster or emergency out of their
voting jurisdiction.
    S. To other federal, state, or local government agencies under
approved computer-matching programs for the purposes articulated in
subsection (a)(8)(A) of the Privacy Act.
    T. To the individual applicants, of whom the record contains third
party personally identifiable information, to defend themselves during
appeals and Oral Hearings on the recoupment of disaster assistance
funds.
    U. To any law enforcement agency of the federal government or a
state, local, territorial, or tribal government in order to identify
illegal conduct or address public safety or security issues, including
compliance with sex offender notification laws, in the event of
circumstances requiring an evacuation, sheltering, or mass relocation.
    V. To entities providing temporary housing or sheltering to
disaster survivors during a declared public health emergency to provide
indication that a survivor with an infectious disease is inhabiting or
has inhabited a specific location, when necessary for the safety of
individuals located in the facility and to comply with additional
necessary infectious disease protocols.
    W. To state, local, territorial, and tribal government and private
entities to verify applicant identity and account information as a
fraud prevention measure.
    X. To the news media and the public, with the approval of the Chief
Privacy Officer in consultation with counsel, when there exists a
legitimate public interest in the disclosure of the information, when
disclosure is necessary to preserve confidence in the integrity of DHS,
or when disclosure is necessary to demonstrate the accountability of
DHS's officers, employees, or individuals covered by the system, except
to the extent the Chief Privacy Officer determines that release of the
specific information in the context of a particular case would
constitute a clearly unwarranted invasion of personal privacy.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    DHS/FEMA stores records in this system electronically or on paper
in secure facilities in a locked drawer behind a locked door. The
records may be stored on magnetic disc, tape, and digital/electronic
media.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    DHS/FEMA may retrieve records by an individual's name, address,
Social Security number, or case file number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records pertaining to disaster assistance will be placed in
inactive storage two years after FEMA receives the application and will
be destroyed when they are six years and three months old, in
accordance with National Archives and Records Administration Authority
N1-311-86-1, DAP 8-1, item 4C10a. Records pertaining to temporary
housing will be destroyed three years after close of the operation in
accordance with National Archives and Records Administration Authority
N1-311-86-1, DAP 8-2, item 4C10b. Closeout of a disaster operation
occurs when the disaster contract is terminated. Records pertaining to
the Individuals and Households Program program will retire to the
Federal Records Center (FRC) one year after closeout and be destroyed
three years after closeout in accordance with National Archives and
Records Administration Authority N1-311-86-1, item 4C6c. Records
pertaining to individual assistance customer satisfaction assessments
are stored in accordance with National Archives and Records
Administration Authority N1-311-00-01. Records pertaining to
investigations are retired to inactive storage when two years old, and
destroyed when six years, three months old in accordance with National
Archives and Records Administration Authority N1-311-86-001, item
4C10a. Customer service assessment forms that have been filled out and
returned by disaster assistance applicants are temporary records that
are destroyed upon transmission of the final report, per National
Archives and Records Administration Authority N1-311-00-01, DAP-14-1.
The statistical and analytical reports resulting from these assessments
are temporary records that are retired three years after the final
report cutoff and destroyed 20 years after the report cutoff, per
National Archives and Records Administration Authority N1-311-00-01,
DAP-14-2. The assessment results database are temporary records that
are destroyed when no longer needed for analysis purposes, per National
Archives and Records Administration Authority N1-311-00-01, DAP-14-3.
Per current National Archives and Records Administration guidance,
records pertaining to COVID-19 will be maintained permanently until
further guidance regarding the retention of COVID-19 records is
provided.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    DHS/FEMA safeguards the records in this system in accordance with
applicable rules and policies, including all applicable DHS automated
systems security and access policies. FEMA has imposed strict controls
to minimize the risk of compromising the information that is being
stored. Access to the computer system containing the records in this
system is limited to those individuals who have a need to know the
information for the performance of their official duties and who have
the appropriate clearances or permissions.

RECORD ACCESS PROCEDURES:
    Individuals applying for Individuals and Households Program
assistance may access their information online via the Disaster
Assistance Center using the user ID, password, system generated PIN,
and authentication that was established during the application process.
Applicants may also call a FEMA National Processing Service Center
(NPSC) representative to access their information by providing their
registration ID, full name, damaged dwelling address, current mailing
address (if different), current phone number, and the last four digits
of their Social Security number.
    In addition, individuals seeking access to and notification of any
record contained in this system of records, or seeking to contest its
content, may submit a request in writing to the Chief Privacy Officer
and the FEMA Freedom of Information Act (FOIA) Officer, whose contact
information can be found at https://www.dhs.gov/foia under ``Contact
Information.'' If an individual believes more than one component
maintains Privacy Act records concerning him or her, the individual may
submit the request to the Chief Privacy Officer and Chief Freedom of
Information Act Officer, Department of Homeland Security, Washington,
DC 20528-0655. Even if neither the Privacy Act nor the Judicial Redress
Act provide a right of access, certain records may be available under
the Freedom of Information Act.
    When an individual is seeking records about himself or herself from
this system of records or any other FEMA system of records, the
individual's request must conform with the Privacy Act regulations set
forth in 6 CFR part 5. The individual must first verify his or her
identity, meaning that the individual must provide his or her full
name, current address, and date and place of birth. The individual must
sign the request, and the individual's signature must either be
notarized or submitted under 28 U.S.C. 1746, a law that permits
statements to be made under penalty of perjury as a substitute for
notarization. In addition, the individual should:
     Explain why he or she believes the Department would have
the information being requested;
     Identify which component(s) of the Department he or she
believes may have the information;
     Specify when he or she believes the records would have
been created; and
     Provide any other information that will help the DHS staff
determine which DHS component agency may have responsive records;
    If the request is seeking records pertaining to another living
individual, the request must include an authorization from the
individual whose record is being requested, authorizing the release to
the requester.
    Without the above information, the Component(s) may not be able to
conduct an effective search, and your request may be denied due to lack
of specificity or lack of compliance with applicable regulations.

CONTESTING RECORD PROCEDURES:
    For records covered by the Privacy Act or covered Judicial Redress
Act records, individuals may make a request for amendment or correction
of a record of the Department about the individual by writing directly
to the Department component that maintains the record, unless the
record is not subject to amendment or correction. The request should
identify each particular record in question, state the amendment or
correction desired, and state why the individual believes that the
record is not accurate, relevant, timely, or complete. The individual
may submit any documentation that would be helpful. If the individual
believes that the same record is in more than one system of records,
the request should state that and be addressed to each component that
maintains a system of records containing the record.

NOTIFICATION PROCEDURES:
    See ``Record Access Procedures.''

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    78 FR 25282 (April 30, 2013); 74 FR 48763 (September 24, 2009); 71
FR 38408 (July 6, 2006); 69 FR 65615 (November 15, 2004); 66 FR 51436
(October 9, 2001); 64 FR 40596 (July 27, 1999); 61 FR 49777 (September
23, 1996).
* * * * *

Lynn P. Dupree,
Chief Privacy Officer, U.S. Department of Homeland Security.
[FR Doc. 2022-02950 Filed 2-9-22; 8:45 am]
BILLING CODE 9110-17-P


[Federal Register Volume 75, Number 78 (Friday, April 23, 2010)]
[Notices]
[Pages 21288-21289]
[FR Doc No: 2010-9412]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP10-125-000]

Henry Gas Storage LLC; Notice of Application

April 16, 2010.
    Take notice that on April 5, 2010, Henry Gas Storage LLC (HGS),
1010 Lamar, Suite 1720, Houston, Texas 77002, filed in Docket No. CP10-
125-000, a petition for Exemption of Temporary Acts and Operations from
Certificate Requirements, pursuant to Rule 207(a)(5) of the
Commission's Rules of Practice and Procedure, and section 7(c)(1)(B) of
the Natural Gas Act (NGA), to perform specific temporary activity
related to drill site preparation and to the drilling of one
stratigraphic test well to determine the salt characteristics and the
feasibility of developing the Cote Blanche Island salt dome for natural
gas storage in St. Mary Parish, Louisiana, all as more fully set forth
in the application which is on file with the Commission and open to
public inspection. This filing may also be viewed on the Commission's
Web site 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. For assistance, call<PHONE_NUMBER> or
TTY,<PHONE_NUMBER>.
    Any questions regarding this application should be directed to J.
Gordon Pennington, Attorney at Law, 2707 N. Kensington St., Arlington,
Virginia 22207, at<PHONE_NUMBER>.
    Pursuant to Section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify Federal and State agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all Federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 14 copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed
documents on all other parties. However, the non-party commentors will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit an original and 14 copies of the protest or intervention to the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is 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). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Comment Date: May 7, 2010.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-9412 Filed 4-22-10; 8:45 am]
BILLING CODE 6717-01-P