[Federal Register: August 2, 2010 (Volume 75, Number 147)]
[Proposed Rules]
[Page 45082-45085]
[DOCID:fr02au10-12]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2010-0418; FRL-9183-8]

Revisions to the California State Implementation Plan, Santa
Barbara County Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing a limited approval and limited disapproval of
revisions to the Santa Barbara County Air Pollution Control District
(SBCAPCD) portion of the California State Implementation Plan (SIP).
These revisions concern oxides of nitrogen (NOX) emissions
from boilers, steam generators and process heaters with a rated heat
input rate greater than 2 million BTU/hr and less than 5 million BTU/hr
and internal combustion engines with a rated brake horse power of 50 or
greater. We are proposing action on local rules that regulate these
emission sources under the Clean Air Act as amended in 1990 (CAA or the
Act). We are taking comments on this proposal and plan to follow with a
final action.

DATES: Any comments must arrive by September 1, 2010.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2010-0418, by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions.
    2. E-mail<EMAIL_ADDRESS>    3. Mail or Deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: All comments will be included in the public docket
without change and may be made available online at http://
www.regulations.gov, including any personal information provided,
unless the comment includes Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute.
Information that you consider CBI or otherwise protected should be
clearly identified as such and should not be submitted through http://
www.regulations.gov or e-mail. http://www.regulations.gov is an
``anonymous access'' system, and EPA will not know your identity or
contact information unless you provide it in the body of your comment.
If you send e-mail directly to EPA, your e-mail address will be
automatically captured and included as part of the public comment. If
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment.
    Docket: The index to the docket for this action is available
electronically at http://www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available in either location
(e.g., CBI). To inspect the hard copy materials, please schedule an
appointment during normal business hours with the contact listed in the
FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Idalia Perez, EPA Region IX, (415)
972-3248<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rules?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. What are the rules' deficiencies?
    D. EPA Recommendations to Further Improve the Rule
    E. Proposed Action and Public Comment
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rules did the State submit?

    Table 1 lists the rules addressed by this proposal with the dates
that they were adopted by the local air agency and submitted by the
California Air Resources Board (CARB).

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
              Local agency                  Rule No.              Rule title              Adopted     Submitted
----------------------------------------------------------------------------------------------------------------
SBCAPCD.................................          361  Small Boilers, Steam Generators     01/17/08     07/18/08
                                                        and Process Heaters.
SBCAPCD.................................          333  Control of Emissions from           06/19/08     10/20/08
                                                        Reciprocating Internal
                                                        Combustion Engines.
----------------------------------------------------------------------------------------------------------------

    On August 22, 2008, the submittal for SBCAPCD Rule 361 was found to
meet the completeness criteria in 40 CFR part 51, appendix V, which
must be met before formal EPA review. On November 22, 2008, the
submittal for SBCAPCD 333 was found to meet the completeness criteria.

B. Are there other versions of these rules?

    There are no previous versions of Rule 361 in the SIP. There are no
previous versions of Rule 333 in the SIP, although the District
submitted a previous version of this rule on June 19, 1992 and we
proposed a limited approval and a limited disapproval (60 FR 6049) but
did not finalize the action. The District then submitted another

version of this rule on March 10, 1998 and later withdrew the submittal
on January 18, 2000.

C. What is the purpose of the submitted rules?

    NOX helps produce ground-level ozone, smog and
particulate matter, which harm human health and the environment.
Section 110(a) of the CAA requires States to submit regulations that
control NOX emissions. Rule 361 regulates emissions of
oxides of nitrogen (NOX) and carbon monoxide (CO) from
boilers, steam generators and process heaters with a rated heat input
rate greater than 2 million BTU/hr and less than 5 million BTU/hr. Rule
333 regulates emissions of nitrogen oxides (NOX), reactive
organic compounds (ROC) and carbon monoxide (CO) from internal
combustion (IC) engines with a rated brake horse power of 50 or
greater. EPA's technical support documents (TSDs) have more information
about these rules.

II. EPA's Evaluation and Action

A. How is EPA evaluating the rules?

    Generally, SIP rules must be enforceable (see section 110(a) of the
Act), must require Reasonably Available Control Technology (RACT) for
each category of sources covered by a Control Techniques Guidelines
(CTG) document as well as each major source in nonattainment areas (see
sections 182(a)(2) and 182(f)), and must not relax existing
requirements (see sections 110(l) and 193). The SBCAPCD regulates an
area that is classified as maintenance for the 1-hour ozone standard
and is in attainment for all criteria pollutants (see 40 CFR part 81),
thus, Rules 361 and 333 do not have to fulfill RACT requirements.
    Guidance and policy documents that we use to evaluate
enforceability consistently include the following:
    1. ``State Implementation Plans; Nitrogen Oxides Supplement to the
General Preamble; Clean Air Act Amendments of 1990 Implementation of
Title I; Proposed Rule,'' (the NOX Supplement), 57 FR 55620,
November 25, 1992.
    2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (the Bluebook).
    3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    4. ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990'', 57
FR 13498, April 16, 1992; 57 FR 18070, April 28, 1992.
    5. ``State Implementation Plans (SIPs): Policy Regarding Excess
Emissions During Malfunctions, Startup and Shutdown'' from Steven A.
Herman, Assistant Administrator for Enforcement and Compliance
Assurance, and Robert Perciasepe, Assistant Administrator for Air and
Radiation, September 9, 1999.
    B. Do the rules meet the evaluation criteria?
    Rules 361 and 333 improve the SIP by establishing more stringent
emission limits. The rules are largely consistent with the relevant
policy and guidance regarding enforceability and SIP relaxations. Rule
provisions which do not meet the evaluation criteria are summarized
below and discussed further in the TSDs.

C. What are the rule deficiencies?

    These provisions in Rule 361 conflict with section 110(a) of the
Act and prevent full approval of the SIP revision.
    1. Section F.3 defines the length of the startup and shutdown
intervals as ``not last[ing] longer than is necessary to reach stable
temperatures and conditions''. This leads to enforceability concerns
due to the lack of specificity of the duration of these periods. The
duration of these periods should be further specified.
    2. Section G.4 states that documentation of fuel sulfur content
must be kept as a record. The type of documentation required should be
specified in the rule.
    These provisions in Rule 333 conflict with section 110(a) of the
Act and prevent full approval of the SIP revision.
    1. Rule 333 includes various provisions allowing for APCO
discretion without having explicit and replicable procedures that
define how the discretion will be exercised to assure emission
reductions.
    2. Section I.1 indicates that source tests shall be performed at
the engine's maximum load or under the engines' typical duty cycle as
demonstrated by historical operation data. This should be constrained
to the engine's maximum load or conditions specified in the Permit to
Operate. The option for testing at the engine's typical duty cycle
should be further defined and justified.

D. EPA Recommendations to Further Improve the Rule

    The TSDs describe additional rule revisions that we recommend for
the next time the local agency modifies the rules but that are not the
basis for disapproval at this time.

E. Proposed Action and Public Comment

    As authorized in sections 110(k)(3) and 301(a) of the Act, EPA is
proposing a limited approval of the submitted rules to improve the SIP.
If finalized, this action would incorporate the submitted rules into
the SIP, including those provisions identified as deficient. This
approval is limited because EPA is simultaneously proposing a limited
disapproval of the rules under section 110(k)(3). If this disapproval
is finalized, no sanctions will be imposed under section 179 of the Act
because SBCAPCD is not a required to have these rules in the applicable
SIP. A final disapproval would also not trigger the 2-year clock for
the federal implementation plan (FIP) requirement under section 110(c).
Note that the submitted rules have been adopted by the SBCAPCD, and
EPA's final limited disapproval would not prevent the local agency from
enforcing them.
    We will accept comments from the public on the proposed limited
approval and limited disapproval for the next 30 days.

III. Statutory and Executive Order Reviews

A. Executive Order 12866, Regulatory Planning and Review

    The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order 12866, entitled ``Regulatory
Planning and Review.''

B. Paperwork Reduction Act

    This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Burden is defined at 5 CFR 1320.3(b).

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions.
    These rules will not have a significant impact on a substantial
number of small entities because SIP approvals or disapprovals under
section 110 and subchapter I, part D of the Clean Air Act do not create
any new requirements but simply approve or disapprove requirements that
the State is already imposing. Therefore, because the

proposed Federal SIP limited approval/limited disapproval does not
create any new requirements, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
    Moreover, due to the nature of the Federal-State relationship under
the Clean Air Act, preparation of flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
Clean Air Act forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976);
42 U.S.C. 7410(a)(2).

D. Unfunded Mandates Reform Act

    Under sections 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
    EPA has determined that the limited approval/limited disapproval
action proposed does not include a Federal mandate that may result in
estimated costs of $100 million or more to either State, local, or
tribal governments in the aggregate, or to the private sector. This
Federal action proposes to approve and disapprove pre-existing
requirements under State or local law, and imposes no new requirements.
Accordingly, no additional costs to State, local, or tribal
governments, or to the private sector, result from this action.

E. Executive Order 13132, Federalism

    Federalism (64 FR 43255, August 10, 1999) revokes and replaces
Executive Orders 12612 (Federalism) and 12875 (Enhancing the
Intergovernmental Partnership). Executive Order 13132 requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by State and local officials in the development of regulatory policies
that have federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' Under Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the proposed regulation. EPA also may not issue a regulation
that has federalism implications and that preempts State law unless the
Agency consults with State and local officials early in the process of
developing the proposed regulation.
    These rules will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government, as specified in Executive Order 13132, because it
merely proposes to approve or disapprove State rules implementing a
Federal standard, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act. Thus, the requirements of section 6 of the Executive Order do not
apply to this rule.

F. Executive Order 13175, Coordination With Indian Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' These proposed rules do not
have tribal implications, as specified in Executive Order 13175. They
will not have substantial direct effects on tribal governments, on the
relationship between the Federal government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
government and Indian tribes. Thus, Executive Order 13175 does not
apply to these rules.
    EPA specifically solicits additional comment on these proposed
rules from tribal officials.

G. Executive Order 13045, Protection of Children From Environmental
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
rule is not subject to Executive Order 13045, because it approves state
rules implementing a Federal standard.

H. Executive Order 13211, Actions That Significantly Affect Energy
Supply, Distribution, or Use

    These rules are not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because they are not
a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12 of the National Technology Transfer and Advancement Act
(NTTAA) of 1995 requires Federal agencies to evaluate existing
technical standards when developing a new regulation. To comply with
NTTAA, EPA must consider and use ``voluntary consensus standards''
(VCS) if available and applicable when developing programs and policies
unless doing so would be inconsistent with applicable law or otherwise
impractical.
    The EPA believes that VCS are inapplicable to this action. Today's
action does not require the public to perform activities conducive to
the use of VCS.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Population

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States. The Executive Order has informed the
development and implementation of EPA's environmental justice program
and policies. Consistent with the

Executive Order and the associated Presidential Memorandum, the
Agency's environmental justice policies promote environmental
protection by focusing attention and Agency efforts on addressing the
types of environmental harms and risks that are prevalent among
minority, low-income and Tribal populations.
    This action will not have disproportionately high and adverse human
health or environmental effects on minority, low-income or Tribal
populations because it increases the level of environmental protection
for all affected populations without having any disproportionately high
and adverse human health or environmental effects on any population,
including any minority or low-income population. Specially, EPA's
simultaneous limited approval and limited disapproval of Rules 361 and
333 would have the affect of strengthening environmental requirements
throughout SBCAPCD, and would not relax environmental requirements in
any area.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: July 21, 2010.
Keith Takata,
Acting Regional Administrator, Region IX.
[FR Doc. 2010-18889 Filed 7-30-10; 8:45 am]
BILLING CODE 6560-50-P


/* End Other Recreation ( Sub 8). sas */ 238 Program Output 239 MP& M National Benefits Preferred( Opt1= Pref, Opt2= NULL) 71 Other Recreation ( Sub 8) 00: 44 Sunday, February 9, 2003 National Benefits ( includes partial) Viewing, Boating Activities The MEANS Procedure Variable Label Sum                                                             av1_ low Avg View Benefits  Low ( Opt 1) 140622927 av1_ high Avg View Benefits  High( Opt 1) 253884474 av2_ low Avg View Benefits  Low ( Opt 2) 991669353 av2_ high Avg View Benefits  High( Opt 2) 1790386933 ab1_ low Avg Boat Benefits  Low ( Opt 1) 75846555.19 ab1_ high Avg Boat Benefits  High( Opt 1) 210089114 ab2_ low Avg Boat Benefits  Low ( Opt 2) 483934551 ab2_ high Avg Boat Benefits  High( Opt 2) 1340461418 midvw1 Mid View Ben ( Opt1) 197409817 midvw2 Mid View Ben ( Opt2) 1392129069 midbt1 Mid Boat Ben ( Opt1) 134723895 midbt2 Mid Boat Ben ( Opt2) 859598006 viewers Number of Viewing Participants 32437874.70 boaters Number of Boating Participants 25433993.65 tripsv Number of Viewing Days 292022866 tripsb Number of Boating Days 199295187                                                             MP& M National Benefits Preferred( Opt1= Pref, Opt2= NULL) 74 Other Recreation ( Sub 8) 00: 44 Sunday, February 9, 2003 Reach Information National Level The MEANS Procedure Variable Label Sum                                                                 baseexc Baseline Reaches Exceeding AWQCs 5998.58 post1 Post Reaches Exceeding AWQCs ( Opt1) 5844.99 post2 Post Reaches Exceeding AWQCs ( Opt2) 0 elm_ 1 Reaches Eliminating ( Opt1) 153.5907860 elm_ 2 Reaches Eliminating ( Opt2) 5998.58 red_ 1 Reaches Reducing ( Opt1) 581.2015684 red_ 2 Reaches Reducing ( Opt2) 0                                                                 240 POTW Benefits 241 POTW Inhibitions from MP& M Facilities 242 " Generate Discharge Events ( Sub1). sas" Generates a data set of pollutant loading events and their corresponding weights for each RF1 reach receiving MP& M discharges. A special set of event loadings discharged to POTWs by MP& M indirect dischargers is created without employing the POTW removal rates. See Estimating MP& M Discharge Loadings for program code. 243 " POTW Inhibitions ( Sub 9). sas" Using the set of loadings discharged to POTWs by MP& M facilities, POTW specific pollutant discharge events are calculated. These pollutants concentrations are then compared with POTW inhibition values and exceedences are determined. 244 /* Program: POTW Inhibitions ( Sub 9). sas Author: Abt Associates Inc; Stuart Smith, based on INH_ FNL. sas by Elena Besedin, Rob Sartain Date: 04/ 21/ 2000 Updated: 09/ 02/ 2002 1. Calculates MP& M pollutant concentrations in influent flow to the POTWs associated with the MP& M sample facilities; 2. Compares the estimated pollutant concentrations with the inhibition values; 3. Identifies POTWs in which pollutant concentrations exceed inhibition values; 4. Calculates the total number of exceedence events on a sample and national basis; */

title2 ' POTW Inhibitions ( Sub 9)';

/* Get indirect discharge loads */

proc sql; create table potw as select potw_ in. npdes, casno, base, treat1, treat2, poflow, potw_ in. weights, potw_ in. siteid, size from rundat. potw_ in, mpm2. facsize where potw_ in. siteid = facsize. siteid order by npdes, casno; quit;

/* Get potw flow for each unique npdes */ data evntflo1; set potw; run; proc sort data= evntflo1; by npdes siteid; quit;

data evntflo2; set evntflo1; by npdes siteid;

if not first. npdes then delete;

flow = poflow; keep npdes flow; run;

/* Pull in the npdes flow */

proc sql; create table potw1 as select potw. npdes, casno, weights, flow as potflow, base, treat1, treat2, siteid, size, 0 as old_ wght from potw, evntflo2 where potw. npdes = evntflo2. npdes and potw. npdes ^= ' ' and casno ^= ' ' order by npdes, casno, size, weights; quit; 245 /* Keep a copy of initial set to then drop observations from as the event building loops */

data starter; set potw1; run;

/* MACRO  This macro creates a set of events to each potw for each chemical */ /* based on the facility weight. Loadings are summed by potw by chemical and */ /* by mp& m facility size. Then ( if there was a previous build) the weight */ /* is adjusted by the previous weight and an output set is appended to the */ /* previous build output set. Finally, the facilities with the current weight */ /* are removed from the starter data set and the build loop will be run again */

% macro buildloop( first=); proc sql; /* Sum by npdes, casno, and mp& m facility size. Count the number of mp& m */ /* facilities by size included in the summed loadings. */ create table summed as select npdes, casno, size, sum( base) as base, sum( treat1) as treat1, sum( treat2) as treat2, min( potflow) as potflow, count( 1) as facs from starter group by npdes, casno, size order by npdes, casno, size;

/* Grab the smallest weight of any of the facilities discharging to the */ /* potw. This is the current facility weight. Also keep the weight used on */ /* the previous build loop. */ create table wght as select npdes, min( weights) as weights, min( old_ wght) as old_ wght from starter group by npdes;

/* Grab the loadings for this event and calculate the weight of the event */ /* Subtract the previous build weight to account for only the remaining */ /* portion of the differning weights. */

create table outit as select summed.*,( weights  old_ wght) as weights from summed left join wght on summed. npdes = wght. npdes;

/* Rebuild the starter set by dropping the facilities with the current */ /* weight. */ create table starter as select starter. npdes, casno, starter. weights, potflow, base, treat1, treat2, siteid, size, wght. weights as old_ wght from starter left join wght on starter. npdes = wght. npdes where starter. weights ^= wght. weights; quit;

/* If this is the initial build loop, create the output data set */ % IF & first = 1 % THEN % DO; data outset; set outit; 246 run; % END;

/* If this is a subsequent build loop, append to the output data set */ % IF & first = 0 % THEN % DO; data outset; set outset outit; run; % END; % mend buildloop;

/* Determine the number of loops required to build all the needed events. */ /* The number of loops is equal to the maximum number of different weights */ /* for facilities discharging to a single potw. If there are 5 facilities */ /* with different weights discharging to a potw and this is the maximum */ /* number of different weights to any potw, then the loop must be run 5 times */ /* to account for all the differential weights. Potws with fewer different */ /* weights will drop out when their maximum has been reached ( i. e. they will */ /* no longer appear in the starter data set. */ proc sql noprint; /* Get the number of distinct weights across facilities for a given potw */ create table maxw as select distinct npdes, count( distinct weights) as numwghts from starter group by npdes;

/* Get the maximum number of different weights among the potws */ create table maxwg as select max( numwghts) as maxnum from maxw;

/* Save the maximum number of weights in a macro variable. This is the */ /* number of build loops needed to exhaust the data. */ select maxnum into : max_ loop from maxwg; quit;

/* Run the initial build loop */ % buildloop( first= 1);

/* Use a temporary data set of 1 observation to allow for the looping of */ /* of the build events. */ data _ temp; set maxwg;

/* We did one loop already, so subtract it from the total needed */ stopit = & max_ loop  1;

/* Call the macro for each of the remaining loops needed */ do i = 1 to stopit; call execute('% buildloop( first= 0)'); end; run; 247 /* Save the output data set as the event file for use in the remainder of */ /* this program and in the sludge benefits program ( Sub 10). */ data rundat. potwevnt; set outset;

/* rename */ evnt_ flo = potflow; event_ wt = weights; run;

/* Calculate influent concentrations */ proc sql; create table potw2 as select npdes, casno, sum( base)/ avg( evnt_ flo) as concb, sum( treat1)/ avg( evnt_ flo) as conct1, sum( treat2)/ avg( evnt_ flo) as conct2, event_ wt from rundat. potwevnt group by casno, npdes, event_ wt order by casno, npdes, event_ wt; quit;

/* Get Inhibition Values */

data limits; set mpm2. chemdata; if inhibit; keep casno inhibit; run;

proc sort; by casno; quit;

/* Compare influent concentrations with inhibition criteria */

data inhibit; merge potw2 limits; by casno; if inhibit;

keep npdes casno inhibit concb conct1 conct2 event_ wt;

if concb < inhibit then testb= 0; else testb= 1; if conct1 < inhibit then testn1= 0; else testn1= 1; if conct2 < inhibit then testn2= 0; else testn2= 1;

keep npdes casno testb testn1 testn2 event_ wt; run;

proc sort data= inhibit; by npdes casno event_ wt; quit;

/* Proc SQL calculates:

1. Total number exceedence events by pollutant; 2. Number of exceedence events per POTW/ option; 3. Total Number of affected POTWs on a sample/ national basis */ 248 proc sql;

/* Total number of exceedence events by pollutant */

create table inhbn0 as select inhibit. casno, min( chemical) as chemname, sum( testb) as occurb, sum( testn1) as occurn1, sum( testn2) as occurn2 from inhibit, mpm2. chemdata where testb> 0 and inhibit. casno= chemdata. casno group by inhibit. casno order by inhibit. casno;

/* Total number of exceedence events by POTW/ option */

create table inhbn1 as select npdes, sum( testb) as excurb, sum( testn1) as excurn1, sum( testn2) as excurn2, event_ wt, case when sum( testb)> 0 then 1 else 0 end as potwb, case when sum( testn1)> 0 then 1 else 0 end as potwn1, case when sum( testn2)> 0 then 1 else 0 end as potwn2 from inhibit where testb> 0 group by npdes, event_ wt order by npdes, event_ wt;

/* Total Number of Exceedence Events by Chemical on a National Basis */

create table inh_ ntl as select chemical, sum( testb* event_ wt) as chemb, sum( testn1* event_ wt) as chemn1, sum( testn2* event_ wt) as chemn2 from inhibit, mpm2. chemdata where testb> 0 and inhibit. casno= chemdata. casno group by chemical order by chemical;

/* Total Number of Exceedence Events on a National Basis */

create table inh_ ntl2 as select sum( excurb* event_ wt) label=' Number of Exceedence Events ( Baseline)', sum( potwb* event_ wt) label=' Number of Affected POTWs ( Baseline)', sum ( excurn1* event_ wt) label=' Number of Exceedence Events ( Opt 1)', sum( potwn1* event_ wt) label=' Number of Affected POTWs ( Opt 1)', sum ( excurn2* event_ wt) label=' Number of Exceedence Events ( Opt 2)', sum( potwn2* event_ wt) label=' Number of Affected POTWs ( Opt 2)' from inhbn1;

/* Total Number of Exceedence Events on a Sample Basis */

create table inh_ smpl as select excurb label=' Number of Exceedence Events ( Baseline)', potwb label=' Number of Affected POTWs ( Baseline)', excurn1 label=' Number of Exceedence Events ( Opt 1)', potwn1 label=' Number of Affected POTWs ( Opt 1)', 249 excurn2 label=' Number of Exceedence Events ( Opt 2)', potwn2 label=' Number of Affected POTWs ( Opt 2)' from inhbn1; quit;

proc print data= inh_ ntl2 label ;

title3 ' Total Number of POTWs Affected by Inhibition Problems caused by'; title4 ' MP& M discharges on a national basis.';

proc print data= inh_ ntl; label chemb =' Number of Exceedence Events ( Baseline)' chemn1 =' Number of Exceedence Events ( Opt 1)' chemn2 =' Number of Exceedence Events ( Opt 2)'; title3 ' Total number of exceedence events caused by MP& M'; title4 ' discharges by chemical on a national basis';

proc print data= inhbn0; label occurb =' Number of Exceedence Events ( Baseline)' occurn1 =' Number of Exceedence Events ( Opt 1)' occurn2 =' Number of Exceedence Events ( Opt 2)'; title3 ' Total number of excedence events caused MP& M discharges'; title4 ' by chemical on a sample basis';

proc print data= inh_ smpl; sum excurb excurn1 excurn2 potwb potwn1 potwn2; label excurb = ' Number of Exceedence Events ( Baseline)' excurn1 = ' Number of Exceedence Events ( Opt 1)' excurn2 = ' Number of Exceedence Events ( Opt 2)' potwb= ' Number of Affected POTWs ( Baseline)' potwn1= ' Number of Affected POTWs ( Opt 1)' potwn2= ' Number of Affected POTWs ( Opt 2)'; title3 ' Total Number of Exceedence Events by NPDES on a sample basis'; quit;

data reduc; set inhbn1;

if excurn1 < excurb and excurn1 > 0 then red1 = 1; else red1 = 0; if excurn2 < excurb and excurn2 > 0 then red2 = 1; else red2 = 0; run;

proc means sum data= reduc; var red1 red2; label red1 = '# POTWs with red. poll. inhibit.( Opt1)' red2 = '# POTWs with red. poll. inhibit.( Opt2)'; title3 ' POTWS with Reduced Inhibitions'; title4 ' SAMPLE'; quit;

proc means sum data= reduc; weight event_ wt; 250 var red1 red2; label red1 = '# POTWs with red. poll. inhibit.( Opt1)' red2 = '# POTWs with red. poll. inhibit.( Opt2)'; title3 ' POTWS with Reduced Inhibitions'; title4 ' NATIONAL'; quit;

/* End POTW Inhibitions ( Sub 9). sas */ 251 Program Output 252 MP& M National Benefits Preferred( Opt1= Pref, Opt2= NULL) 80 POTW Inhibitions ( Sub 9) 00: 44 Sunday, February 9, 2003 Total Number of POTWs Affected by Inhibition Problems caused by MP& M discharges on a national basis.

Number of Number of Number of Number of Number of Number of Exceedence Affected Exceedence Affected Exceedence Affected Events POTWs Events POTWs ( Opt Events POTWs ( Opt Obs ( Baseline) ( Baseline) ( Opt 1) 1) ( Opt 2) 2)

1 885.243 293.049 410.401 136.927 0 0 MP& M National Benefits Preferred( Opt1= Pref, Opt2= NULL) 81 POTW Inhibitions ( Sub 9) 00: 44 Sunday, February 9, 2003 Total number of exceedence events caused by MP& M discharges by chemical on a national basis Obs CHEMICAL chemb chemn1 chemn2 1 Acrolein 77.093 65.2207 0 2 Arsenic 75.003 65.2207 0 3 Benzoic acid 67.892 0.0000 0 4 Bromo 2 chlorobenzene, 1 47.678 47.6775 0 5 Bromo 3 chlorobenzene, 1 47.678 47.6775 0 6 Chromium 81.488 6.6982 0 7 Copper 141.738 0.0000 0 8 Iron 64.712 31.9900 0 9 Lead 150.115 80.6960 0 10 Nickel 50.329 0.0000 0 11 Silver 65.221 65.2207 0 12 Zinc 16.298 0.0000 0 MP& M National Benefits Preferred( Opt1= Pref, Opt2= NULL) 85 POTW Inhibitions ( Sub 9) 00: 44 Sunday, February 9, 2003 POTWS with Reduced Inhibitions NATIONAL The MEANS Procedure Variable Label Sum                                                                    red1 # POTWs with red. poll. inhibit.( Opt1) 68.5643722 red2 # POTWs with red. poll. inhibit.( Opt2) 0                                                                    253 Sludge Benefits 254 " POTW Inhibitions ( Sub 9). sas" Using the set of loadings discharged to POTWs by MP& M facilities, POTW specific pollutant events are calculated The data set of these events is outputed. See POTW Inhibitions from MP& M Facilities for program code and output. 255 " Sldg MP& M Based ( Sub 10). sas" Using the data set of POTW pollutants events, MP& M pollutant concentrations in sewage sludge are estimated. These concentrations are compared with use/ disposal criteria for given disposal practices. Shifts in POTW disposal practices from reduced MP& M loadings are determined and monetized. 256 /* Program: Sldg MP& M Based ( Sub 10). sas Authors: Stuart Smith, Elena Besedin, Rob Sartain ( based on sldg. sas for the IL project.) Date Modified: 08/ 12/ 2002 Modified By: Stuart Smith, Abt. Associates, Inc.

1. Calculates MP& M pollutant concentrations in the sewage sludge generated by POTWs associated with the MP& M sample facilities; 2. Compares the estimated sludge pollutant concentrations with the the sewage sludge use/ disposal criteria; 3. Identifies POTWs in which pollutant concentrations exceed sewage sludge use/ disposal criteria for a given use/ disposal practice; 4. Estimates shifts in sewage sludge use/ disposal practices due to the reduced MP& M discharges. */

title2 ' Sludge MP& M Based ( Sub 10)';

/* Separate potws by flow volume STRATUM = 1; small size ( daily flow rate from 2 to 10 mg/ day) STRATUM = 2; medium size ( daily flow rate from 10 to 50 mg/ day) STRATUM = 3; large size ( daily flow rate > 50 mg/ day)

convert the event flow in L/ day to MG/ day dayflow = ( evnt_ flo* 0.2641721)/ 1000000;

if dayflow < 10 then strat= 1; if dayflow >= 10 and dayflow < 50 then strat= 2; if dayflow >= 50 then strat= 3; */

/* Bring in the potw event loadings file and generate stratums */ proc sql;

create table potw_ 0 as select npdes, casno, base as ldb, treat1 as ldt1, treat2 as ldt2, event_ wt as smplwt, evnt_ flo as potwflow, facs, size as facsze, case when (( evnt_ flo* 0.2641721)/ 1000000) < 10 then 1 when (( evnt_ flo* 0.2641721)/ 1000000) >= 50 then 3 else 2 end as stratum from rundat. potwevnt order by npdes, casno, smplwt;

/* Calculate Influent Concentrations and obatin sludge criterion */

create table potw_ t as select npdes, stratum, casno, facs,( ldb/ potwflow) as concb,( ldt1/ potwflow) as conc1,( ldt2/ potwflow) as conc2, la_ h, la_ l, sludcrit, surfdis, 257 smplwt, twf_ remr. name, potw_ rem as potwrem, facsze as size from potw_ 0, mpm2. sldg_ cri, mpm2. twf_ remr where potw_ 0. casno = sldg_ cri. casnum and potw_ 0. casno = twf_ remr. cas and potw_ rem is not missing order by npdes, casno, smplwt; quit;

/* Calculate Sludge Concentrations */ /* sewage sludge generation factor is 5.96 */

data conc_ sl; set potw_ t;

/* Calculate the total concentrations */ if stratum = 1 then do; if size = ' s' then avgfac = 32.81; if size = ' m' then avgfac = 2.48; if size = ' l' then avgfac = 1.21;

if casno = ' 7439921' then cncb=( avgfac* concb)/( facs); /* Lead*/ if casno = ' 7440382' then cncb=( avgfac* concb)/( facs); /* Arse*/ if casno = ' 7440020' then cncb=( avgfac* concb)/( facs); /* Nick*/ if casno = ' 7440439' then cncb=( avgfac* concb)/( facs); /* Cadm*/ if casno = ' 7440508' then cncb=( avgfac* concb)/( facs); /* Copp*/ if casno = ' 7440666' then cncb=( avgfac* concb)/( facs); /* Zinc*/ if casno = ' 7782492' then cncb=( avgfac* concb)/( facs); /* Seln*/ if casno = ' 7439976' then cncb=( avgfac* concb)/( facs); /* Merc*/

/* Calculate loadings from non MP& M facilities. These loadings don't change under the post complaince scenario. */ cnc1 = ( conc1* avgfac)/ facs; cnc2 = ( conc2* avgfac)/ facs; end; if stratum = 2 then do; if size = ' s' then avgfac = 72.12; if size = ' m' then avgfac = 7.99; if size = ' l' then avgfac = 2.66;

if casno = ' 7439921' then cncb=( avgfac* concb)/( facs); /* Lead*/ if casno = ' 7440382' then cncb=( avgfac* concb)/( facs); /* Arse*/ if casno = ' 7440020' then cncb=( avgfac* concb)/( facs); /* Nick*/ if casno = ' 7440439' then cncb=( avgfac* concb)/( facs); /* Cadm*/ if casno = ' 7440508' then cncb=( avgfac* concb)/( facs); /* Copp*/ if casno = ' 7440666' then cncb=( avgfac* concb)/( facs); /* Zinc*/ if casno = ' 7782492' then cncb=( avgfac* concb)/( facs); /* Seln*/ if casno = ' 7439976' then cncb=( avgfac* concb)/( facs); /* Merc*/

/* Calculate loadings from non MP& M facilities. These loadings don't change under the post complaince scenario. */ cnc1 = ( conc1* avgfac)/ facs; cnc2 = ( conc2* avgfac)/ facs; end; if stratum = 3 then do; 258 if size = ' s' then avgfac = 147.68; if size = ' m' then avgfac = 24.46; if size = ' l' then avgfac = 10.43;

if casno = ' 7439921' then cncb=( avgfac* concb)/( facs); /* Lead*/ if casno = ' 7440382' then cncb=( avgfac* concb)/( facs); /* Arse*/ if casno = ' 7440020' then cncb=( avgfac* concb)/( facs); /* Nick*/ if casno = ' 7440439' then cncb=( avgfac* concb)/( facs); /* Cadm*/ if casno = ' 7440508' then cncb=( avgfac* concb)/( facs); /* Copp*/ if casno = ' 7440666' then cncb=( avgfac* concb)/( facs); /* Zinc*/ if casno = ' 7782492' then cncb=( avgfac* concb)/( facs); /* Seln*/ if casno = ' 7439976' then cncb=( avgfac* concb)/( facs); /* Merc*/

/* Calculate loadings from non MP& M facilities. These loadings don't change under the post complaince scenario. */ cnc1 = ( conc1* avgfac)/ facs; cnc2 = ( conc2* avgfac)/ facs; end; run;

/* Sum up the loadings across chemicals and POTWs */

/* Separate POTWS by size */ proc sql;

create table small as select distinct npdes, 1 as small from conc_ sl where size=' s' order by npdes;

create table med as select distinct npdes, 1 as med from conc_ sl where size=' m' order by npdes;

create table large as select distinct npdes, 1 as large from conc_ sl where size=' l' order by npdes;

/* Sum over checmicals and POTWs */ create table bypotw as select npdes, casno, min( stratum) as stratum, sum( cncb) as bas, sum( cnc1) as treat1, sum( cnc2) as treat2, avg( la_ h) as la_ h, avg( la_ l) as la_ l, avg( sludcrit) as sludcrit, avg( surfdis) as surfdis, smplwt, avg( potwrem) as potwrem, min( name) as name from conc_ sl group by npdes, casno, smplwt order by npdes, casno, smplwt; quit; 259 /* Merge sums and sizes */ data concsl2; merge bypotw small med large; by npdes;

if small=. then small = 0; if med=. then med = 0; if large=. then large = 0;

array sm{*} sm1  sm8; array md{*} md1  md8; array lg{*} lg1  lg8;

/* Percentage of chemical coming from MP& M facilities based on National Sludge Survey of POTWS */ sm1= 0.138; sm2= 0.074; sm3= 0.251; sm4= 0.161; sm5= 0.189; sm6= 0.202; sm7= 0.072; sm8= 0.079;

md1= 0.198; md2= 0.140; md3= 0.244; md4= 0.234; md5= 0.216; md6= 0.160; md7= 0.085; md8= 0.208;

lg1= 0.103; lg2= 0.070; lg3= 0.158; lg4= 0.128; lg5= 0.109; lg6= 0.082; lg7= 0.033; lg8= 0.060;

/* Calculate the amount of sludge coming from Non MP& M facilities */ if casno = ' 7439921' then other= bas/( sm1* small + md1* med + lg1* large);/* Lead*/ if casno = ' 7440382' then other= bas/( sm2* small + md2* med + lg2* large);/* Arse*/ if casno = ' 7440020' then other= bas/( sm3* small + md3* med + lg3* large);/* Nick*/ if casno = ' 7440439' then other= bas/( sm4* small + md4* med + lg4* large);/* Cadm*/ if casno = ' 7440508' then other= bas/( sm5* small + md5* med + lg5* large);/* Copp*/ if casno = ' 7440666' then other= bas/( sm6* small + md6* med + lg6* large);/* Zinc*/ if casno = ' 7782492' then other= bas/( sm7* small + md7* med + lg7* large);/* Seln*/ if casno = ' 7439976' then other= bas/( sm8* small + md8* med + lg8* large);/* Merc*/

/* Total concentration is the sum of MP& M loadings and loadings from Non MP& M facilities */ cncb = bas + other; cnc1 = treat1 + other; cnc2 = treat2 + other;

/* Apply sludge generation factor and account for removal percentage */

sludgeb = cncb * ( potwrem/ 100) * 5.96; sludge1 = cnc1 * ( potwrem/ 100) * 5.96; sludge2 = cnc2 * ( potwrem/ 100) * 5.96;

/* Calculate Pre and Post Compliance Concentrations */

base = sludgeb; post1 = sludge1; post2 = sludge2;

run; 260 /* Compare Calculated Sludge Concentrations With the Sludge Disposal Criteria*/

data sludge1; set concsl2;

/* Compare to limits for land applied high */ if base < la_ h then critb_ h = 0; else critb_ h = 1; if post1 < la_ h then crit1_ h = 0; else crit1_ h = 1; if post2 < la_ h then crit2_ h = 0; else crit2_ h = 1;

/* Compare to limits for land applied low */ if base < la_ l then critb_ l = 0; else critb_ l = 1; if post1 < la_ l then crit1_ l = 0; else crit1_ l = 1; if post2 < la_ l then crit2_ l = 0; else crit2_ l = 1;

/* Assume those not qualified for la_ l use mix disposal */ if critb_ l = 1 then critb_ m = 1; else critb_ m = 0; if crit1_ l = 1 then crit1_ m = 1; else crit1_ m = 0; if crit2_ l = 1 then crit2_ m = 1; else crit2_ m = 0;

run;

/* Calculate Sludge Quantity produced by the POTWs associated with MP& M facilities in millions of dry metric tons ( DMT) */ proc sql; create table sldg_ wht as select npdes,(( poflow* 0.2641721* 365)/ 1000000)* 0.6363 as sl_ wght from rundat. potw_ in where npdes ^= ' ' and npdes ^= ' Not Found' order by npdes; quit;

/* Keep one observation per unique NPDES */ proc sort nodupkey data= sldg_ wht; by npdes; quit;

/* Estimate Number of Exceedence Events by Stratum/ Chemicals on a Sample Basis */

proc sql;

create table sldg_ 1 as select stratum, casno, min( name) as polltnt, sum( critb_ h) as occ_ bh, sum( crit1_ h) as occ_ 1h, sum( crit2_ h) as occ_ 2h, sum( critb_ l) as occ_ bl, sum( crit1_ l) as occ_ 1l, sum( crit2_ l) as occ_ 2l, sum ( critb_ m) as occ_ bm, sum( crit1_ m) as occ_ 1m, sum( crit2_ m) as occ_ 2m, sum( sl_ wght) as weight, case when sum( crit1_ h)> 0 then sum( sl_ wght) else 0 end as weight1, case when sum( crit2_ h)> 0 then sum( sl_ wght) else 0 261 end as weight2 from sludge1, sldg_ wht where critb_ h> 0 and sludge1. npdes = sldg_ wht. npdes group by stratum, casno order by stratum, casno;

create table chem_ nat as select stratum, casno, min( name) as polltnt, sum( critb_ h* smplwt) as occ_ bh, sum( crit1_ h* smplwt) as occ_ 1h, sum( crit2_ h* smplwt) as occ_ 2h, sum( critb_ l* smplwt) as occ_ bl, sum( crit1_ l* smplwt) as occ_ 1l, sum( crit2_ l* smplwt) as occ_ 2l, sum ( critb_ m* smplwt) as occ_ bm, sum( crit1_ m* smplwt) as occ_ 1m, sum( crit2_ m* smplwt) as occ_ 2m, sum( sl_ wght* smplwt) as weight, case when sum( crit1_ h)> 0 then sum( sl_ wght* smplwt) else 0 end as weight1, case when sum( crit2_ h)> 0 then sum( sl_ wght* smplwt) else 0 end as weight2 from sludge1, sldg_ wht where critb_ h> 0 and sludge1. npdes = sldg_ wht. npdes group by stratum, casno order by stratum, casno;

/* Estimate Number of Exceedence Events by POTW/ Option on a Sample Basis */

create table sldg_ 2 as select sludge1. npdes, stratum, sum( critb_ h) as hla_ b, sum( crit1_ h) as hla_ 1, sum( crit2_ h) as hla_ 2, sum( critb_ l) as lla_ b, sum( crit1_ l) as lla_ 1, sum( crit2_ l) as lla_ 2, sum( critb_ m) as mixb, sum( crit1_ m) as mix1, sum( crit2_ m) as mix2, smplwt, case when sum( critb_ h)> 0 then avg( sl_ wght) else 0 end as weight, case when sum( crit1_ h)> 0 then avg( sl_ wght) else 0 end as weight1, case when sum( crit2_ h)> 0 then avg( sl_ wght) else 0 end as weight2, case when sum( critb_ h)> 0 then 1 else 0 end as potw_ hb, case when sum( crit1_ h) > 0 then 1 else 0 262 end as potw_ h1, case when sum( crit2_ h) > 0 then 1 else 0 end as potw_ h2, case when sum( critb_ l)> 0 then 1 else 0 end as potw_ lb, case when sum( crit1_ l)> 0 then 1 else 0 end as potw_ l1, case when sum( crit2_ l)> 0 then 1 else 0 end as potw_ l2, case when sum ( critb_ m)> 0 then 1 else 0 end as potw_ mb, case when sum( crit1_ m)> 0 then 1 else 0 end as potw_ m1, case when sum( crit2_ m)> 0 then 1 else 0 end as potw_ m2 from sludge1, sldg_ wht where critb_ h> 0 and sludge1. npdes = sldg_ wht. npdes group by stratum, sludge1. npdes, smplwt order by stratum, npdes, smplwt; quit;

data sludge2; set sldg_ 2; proc sort nodupkey; by stratum npdes smplwt; quit;

proc sql;

/* Estimate the Total Number of Exceedence Events on a National Basis by Sewage Sludge Disposal Practice/ Option */

create table ntl_ slg1 as select stratum, sum( hla_ b* smplwt) as ex_ bh, sum( hla_ 1* smplwt) as ex_ 1h, sum( hla_ 2* smplwt) as ex_ 2h, sum( lla_ b* smplwt) as ex_ bl, sum( lla_ 1* smplwt) as ex_ 1l, sum( lla_ 2* smplwt) as ex_ 2l, sum( mixb* smplwt) as ex_ bm, sum( mix1* smplwt) as ex_ 1m, sum( mix2* smplwt) as ex_ 2m, sum( weight* smplwt) as t_ wght, sum( weight1* smplwt) as t_ 1wght, sum( weight2* smplwt) as t_ 2wght from sludge2 where hla_ b> 0 group by stratum 263 order by stratum;

/* Estimate the Total Number of POTWs That Don't Meet a Given Sludge Disposal Standard */

create table ntl_ slg2 as select stratum, sum( potw_ hb* smplwt) as ex_ bh, sum( potw_ h1* smplwt) as ex_ 1h, sum( potw_ h2* smplwt) as ex_ 2h, sum( potw_ lb* smplwt) as ex_ bl, sum( potw_ l1* smplwt) as ex_ 1l, sum( potw_ l2* smplwt) as ex_ 2l, sum( potw_ mb* smplwt) as ex_ bm, sum( potw_ m1* smplwt) as ex_ 1m, sum( potw_ m2* smplwt) as ex_ 2m, sum( weight* smplwt) as t_ wght, sum( weight1* smplwt) as t_ 1wght, sum( weight2* smplwt) as t_ 2wght from sludge2 where hla_ b> 0 group by stratum order by stratum; quit;

/* Indentify Shifts in Sludge Use/ Disposal Practices from Land Application Low to Land Application High on a Sample Basis */ proc sql;

create table shifts1 as select stratum, npdes, weight, count( distinct npdes) as upgrade, smplwt, case when hla_ 1= 0 then ' lla_ llh' when hla_ 1> 0 and lla_ 1= 0 then ' nswitch' else ' downgrd' end as switch1, case when hla_ 2= 0 then ' lla_ llh' when hla_ 2> 0 and lla_ 2= 0 then ' nswitch' else ' downgrd' end as switch2 from sludge2 where hla_ b > 0 and lla_ b = 0 order by stratum, npdes, smplwt; quit;

data shift11; set shifts1; proc sort; by stratum npdes switch1 switch2; quit;

/* Indentify Shifts in the Sewage Sludge Disposal Practices from mix to ( 1) Land Application High; ( 2) Land Application Low ; */

proc sql; create table shifts3 as select stratum, npdes, weight, count( distinct npdes) as upgrade, smplwt, case 264 when hla_ 1= 0 then ' mix_ llh' when hla_ 1> 0 and lla_ 1= 0 then ' mix_ lla' else ' nswitch' end as switch1, case when hla_ 2= 0 then ' mix_ llh' when hla_ 2> 0 and lla_ 2= 0 then ' mix_ lla' else ' nswitch' end as switch2 from sludge2 where mixb> 0 order by stratum, npdes, smplwt; quit;

data shift13; set shifts3; proc sort; by stratum npdes switch1 switch2; quit;

/* Calculate Savings From Shifts in Sewage Sludge Disposal Practices Note that Savings From the Reduced Record Keeping is Estimated Separately */

data savings; set shift11 shift13; if npdes ne ' ';

keep stratum npdes switch1 switch2 weight smplwt; run;

/* Estimate Cost Savings from Shifts to Less Costly Sewage Sludge Disposal Practices on a Sample Basis The amount newly qualified ( weight) sludge must be adjusted since not all can be land applied. 43.3% of the benefitting sludge can be land applied. Of the remaining 56.7% of the sludge, 11% can be bagged and sold, which is 6.4% of the total newly qualified.

So, the benefitting sludge is really the 43.3% that can be land applied AND the 6.4% which is bagged and sold.

Thus, 49.7% of the total newly qualified sludge for land application is used in the cost savings estimates. */

proc sql;

create table svngs as select stratum, npdes, switch1, switch2, weight, smplwt, case when switch1=' lla_ llh' then weight* 0.684 when switch1=' mix_ llh' then 0.497* weight* 0.75* 0.39* 103.82 + 0.497* weight* 0.75* 0.61* 100.44 + 0.497* weight* 0.25* 0.39* 95.91 + 0.497* weight* 0.25* 0.61* 69.96 when switch1=' mix_ lla' then 0.497* weight* 0.39* 103.82 + 0.497* weight* 0.61* 100.44 when switch1=' nswitch' then 0 265 else 0 end as savel1, case when switch2=' lla_ llh' then weight* 0.684 when switch2=' mix_ llh' then 0.497* weight* 0.75* 0.39* 103.82 + 0.497* weight* 0.75* 0.61* 100.44 + 0.497* weight* 0.25* 0.39* 95.91 + 0.497* weight* 0.25* 0.61* 69.96 when switch2=' mix_ lla' then 0.497* weight* 0.39* 103.82 + 0.497* weight* 0.61* 100.44 when switch2=' nswitch' then 0 else 0 end as savel2, case when switch1=' lla_ llh' then weight* 1.362 when switch1=' mix_ llh' then 0.497* weight* 0.75* 0.39* 103.82 + 0.497* weight* 0.75* 0.61* 100.44 + 0.497* weight* 0.25* 0.39* 95.91 + 0.497* weight* 0.25* 0.61* 69.96 when switch1=' mix_ lla' then 0.497* weight* 0.39* 103.82 + 0.497* weight* 0.61* 100.44 when switch1=' nswitch' then 0 else 0 end as saveh1, case when switch2=' lla_ llh' then weight* 1.362 when switch2=' mix_ llh' then 0.497* weight* 0.75* 0.39* 103.82 + 0.497* weight* 0.75* 0.61* 100.44 + 0.497* weight* 0.25* 0.39* 95.91 + 0.497* weight* 0.25* 0.61* 69.96 when switch2=' mix_ lla' then 0.497* weight* 0.39* 103.82 + 0.497* weight* 0.61* 100.44 when switch2=' nswitch' then 0 else 0 end as saveh2 from savings order by stratum, npdes, switch1, switch2; quit;

/* Estimate Cost Savings from Shifts to Less Costly Sewage Sludge Disposal Practices on a National Basis */

proc sql; create table ntlshft1 as select stratum, switch1, sum( smplwt) as potwntl, sum( weight* smplwt) as totwght, sum( savel1* smplwt) as lowsave1, sum( saveh1* smplwt) as hghsave1 from svngs group by stratum, switch1 order by stratum, switch1;

create table ntlshft2 as select stratum, switch2, sum( smplwt) as potwntl, sum( weight* smplwt) as totwght, sum( savel2* smplwt) as lowsave2, sum( saveh2* smplwt) as hghsave2 from svngs group by stratum, switch2 order by stratum, switch2; 266 quit;

proc print data= sldg_ 1; label occ_ bh= ' Execeedence of LA High Value ( Baseline)' occ_ 1h= ' Execeedence of LA High Value ( Option 1)' occ_ 2h= ' Execeedence of LA High Value ( Option 2)' occ_ bl= ' Execeedence of LA Low Value ( Baseline)' occ_ 1l= ' Execeedence of LA Low Value ( Option 1)' occ_ 2l= ' Execeedence of LA Low Value ( Option 2)' occ_ bs= ' Execeedence of Surf. Disp. Value ( Baseline)' occ_ 1s= ' Execeedence of Surf. Disp. Value ( Option 1)' occ_ 2s= ' Execeedence of Surf. Disp. Value ( Option 2)' weight = ' Sludge Quantity DMT ( Baseline)' weight1 = ' Sludge Quantity DMT ( Option 1)' weight2 = ' Sludge Quantity DMT ( Option 2)'; title3 ' Sewage Sludge Contamination Problems Caused by '; title4 ' MP& M dischages by Pollutant ( Sample)'; quit;

proc print data= chem_ nat; label occ_ bh= ' Execeedence of LA High Value ( Baseline)' occ_ 1h= ' Execeedence of LA High Value ( Option 1)' occ_ 2h= ' Execeedence of LA High Value ( Option 2)' occ_ bl= ' Execeedence of LA Low Value ( Baseline)' occ_ 1l= ' Execeedence of LA Low Value ( Option 1)' occ_ 2l= ' Execeedence of LA Low Value ( Option 2)' occ_ bs= ' Execeedence of Surf. Disp. Value ( Baseline)' occ_ 1s= ' Execeedence of Surf. Disp. Value ( Option 1)' occ_ 2s= ' Execeedence of Surf. Disp. Value ( Option 2)' weight = ' Sludge Quantity DMT ( Baseline)' weight1 = ' Sludge Quantity DMT ( Option 1)' weight2 = ' Sludge Quantity DMT ( Option 2)'; title3 ' Sewage Sludge Contamination Problems Caused by '; title4 ' MP& M dischages by Pollutant ( National)'; quit;

proc means sum data= sldg_ 2; var hla_ b hla_ 1 hla_ 2 lla_ b lla_ 1 lla_ 2 mixb mix1 mix2 weight weight1 weight2 potw_ hb potw_ h1 potw_ h2 potw_ lb potw_ l1 potw_ l2 potw_ mb potw_ m1 potw_ m2; label hla_ b=' Execeedences of LA High Value ( BL)' hla_ 1=' Execeedences of LA High Value ( Opt1)' hla_ 2=' Execeedences of LA High Value ( Opt2)' lla_ b= ' Execeedences of LA Low Value ( BL)' lla_ 1= ' Execeedences of LA Low Value ( Opt1)' lla_ 2= ' Execeedences of LA Low Value ( Opt2)' mixb= ' Execeedences of Mix Value ( BL)' mix1= ' Execeedences of Mix Value ( Opt1)' mix2= ' Execeedences of Mix Value ( Opt2)' weight = ' Sludge Quantity DMT ( Baseline)' weight1 = ' Sludge Quantity DMT ( Option 1)' weight2 = ' Sludge Quantity DMT ( Option 2)' potw_ hb = ' Number of POTW exceeding LA High ( BL)' 267 potw_ h1 = ' Number of POTW exceeding LA High ( Opt1)' potw_ h2 = ' Number of POTW exceeding LA High ( Opt2)' potw_ lb = ' Number of POTW exceeding LA Low ( Bl)' potw_ l1 = ' Number of POTW exceeding LA Low ( Opt1)' potw_ l2 = ' Number of POTW exceeding LA Low ( Opt2)' potw_ mb = ' Number of POTW exceeding Mix ( Bl)' potw_ m1 = ' Number of POTW exceeding Mix ( Opt1)' potw_ m2 = ' Number of POTW exceeding Mix ( Opt2)';

title3 ' Total Number of Exceedances by Disposal Method/ Stratum on ( Sample)'; quit;

proc means sum data= svngs; var weight savel1 saveh1 savel2 saveh2; label switch1=' Shift Category Opt 1' switch2=' Shift Category Opt 2' weight = ' Sudge DMT Newly Qualified for a Practice' savel1 = ' Low Cost Savings Estimates Opt 1' saveh1 = ' High Cost Savings Estimates Opt 1' savel2 = ' Low Cost Savings Estimates Opt 2' saveh2 = ' High Cost Savings Estimates Opt 2'; title3 ' Cost Savings Resulting from Shifts to Less Costly'; title4 ' Sewage Sludge Disposal Practices on a Sample Basis'; quit;

proc means sum data= ntl_ slg2; var ex_ bh ex_ 1h ex_ 2h ex_ bl ex_ 1l ex_ 2l ex_ bm ex_ 1m ex_ 2m t_ wght t_ 1wght t_ 2wght; label ex_ bh =' Execeedences of LA High Value ( BL)' ex_ 1h=' Execeedences of LA High Value ( Opt1)' ex_ 2h=' Execeedences of LA High Value ( Opt2)' ex_ bl= ' Execeedences of LA Low Value ( BL)' ex_ 1l= ' Execeedences of LA Low Value ( Opt1)' ex_ 2l= ' Execeedences of LA Low Value ( Opt2)' ex_ bm= ' Execeedences of Mix Value( BL)' ex_ 1m= ' Execeedences of Mix Value ( Opt1)' ex_ 2m= ' Execeedences of Mix Value ( Opt2)' t_ wght = ' Sludge Quantity DMT ( BL)' t_ 1wght = ' Sludge Quantity DMT ( Opt1)' t_ 2wght = ' Sludge Quantity DMT ( Opt2)'; title3 ' Total Number of POTWs exceeding a Sludge Disposal Method( National)'; quit;

proc print data= ntlshft1; sum lowsave1 hghsave1; label switch1=' Shift Category' potwntl= ' Number of Upgrading POTWs' totwght = ' Sludge ( DMT) Newly Qualified for a Practice' Lowsave1 = ' Low Cost Savings Estimates' Hghsave1 = ' High Cost Savings Estimates';

title3 ' Cost Savings Resulting From Shifts to Less Costly'; title4 ' Sludge Disposal Practices on a National Basis'; title5 ' Option 1'; 268 quit;

proc print data= ntlshft2; sum lowsave2 hghsave2; label switch2=' Shift Category' potwntl= ' Number of Upgrading POTWs' totwght = ' Sludge ( DMT) Newly Qualified for a Practice' Lowsave2 = ' Low Cost Savings Estimates' Hghsave2 = ' High Cost Savings Estimates';

title3 ' Cost Savings Resulting From Shifts to Less Costly'; title4 ' Sludge Disposal Practices on a National Basis'; title5 ' Option 2'; quit;

/* End Sldg MP& M Based ( Sub 10). sas */ 269 Program Output 270 MP& M National Benefits Preferred( Opt1= Pref, Opt2= NULL) 87 Sludge MP& M Based ( Sub 10) 00: 44 Sunday, February 9, 2003 Sewage Sludge Contamination Problems Caused by MP& M dischages by Pollutant ( National)

Obs stratum CASNO polltnt occ_ bh occ_ 1h occ_ 2h occ_ bl occ_ 1l 1 1 7439921 Lead 1864.44 1797.57 1797.57 1103.16 1101.35 2 1 7439976 Mercury 117.58 117.58 117.58 86.67 86.67 3 1 7440020 Nickel 2120.02 2101.54 2051.03 2120.02 2101.54 4 1 7440382 Arsenic 1602.67 1599.32 1461.34 1062.58 1062.58 5 1 7440439 Cadmium 1761.63 1761.63 1467.02 1114.90 1092.16 6 1 7440508 Copper 1698.69 1663.74 1638.82 1024.16 1024.16 7 1 7440666 Zinc 2017.28 2017.28 1933.13 1560.22 1526.50 8 1 7782492 Selenium 1519.58 1519.58 1475.50 678.84 666.97 9 2 7439921 Lead 980.15 980.15 980.15 39.89 39.89 10 2 7440020 Nickel 229.54 211.16 204.06 229.54 211.16 11 2 7440382 Arsenic 50.32 50.32 50.32 24.33 24.33 12 2 7440439 Cadmium 54.59 48.91 48.91 21.80 21.80 13 2 7440508 Copper 159.36 156.02 156.02 145.39 130.53 14 2 7440666 Zinc 94.23 94.23 70.95 64.50 64.50 15 2 7782492 Selenium 39.37 39.37 39.37 0.00 0.00 16 3 7439921 Lead 24.07 12.19 12.19 12.19 12.19 17 3 7440020 Nickel 21.01 12.23 12.23 21.01 12.23 18 3 7440382 Arsenic 33.13 33.13 33.13 2.81 2.81 19 3 7440439 Cadmium 60.80 60.80 60.80 0.00 0.00 20 3 7440508 Copper 15.58 15.58 15.58 15.58 12.23 21 3 7440666 Zinc 20.36 20.36 20.36 4.06 4.06 22 3 7782492 Selenium 8.22 8.22 8.22 8.22 8.22 Obs occ_ 2l occ_ bm occ_ 1m occ_ 2m weight weight1 weight2 1 1098.01 1103.16 1101.35 1098.01 524347.96 524347.96 524347.96 2 86.67 86.67 86.67 86.67 1190.60 1190.60 1190.60 3 2051.03 2120.02 2101.54 2051.03 1198818.34 1198818.34 1198818.34 4 976.93 1062.58 1062.58 976.93 195402.20 195402.20 195402.20 5 1022.83 1114.90 1092.16 1022.83 461717.18 461717.18 461717.18 6 929.24 1024.16 1024.16 929.24 438264.15 438264.15 438264.15 7 1256.18 1560.22 1526.50 1256.18 795951.30 795951.30 795951.30 8 659.61 678.84 666.97 659.61 195755.82 195755.82 195755.82 9 27.65 39.89 39.89 27.65 3682943.53 3682943.53 3682943.53 10 204.06 229.54 211.16 204.06 1024886.48 1024886.48 1024886.48 11 24.33 24.33 24.33 24.33 223828.87 223828.87 223828.87 12 21.80 21.80 21.80 21.80 235386.82 235386.82 235386.82 13 15.43 145.39 130.53 15.43 819762.44 819762.44 819762.44 14 64.50 64.50 64.50 64.50 522542.56 522542.56 522542.56 15 0.00 0.00 0.00 0.00 202894.52 202894.52 202894.52 16 12.19 12.19 12.19 12.19 986345.24 986345.24 986345.24 17 12.23 21.01 12.23 12.23 320131.17 320131.17 320131.17 18 2.81 2.81 2.81 2.81 859108.82 859108.82 859108.82 19 0.00 0.00 0.00 0.00 1815521.21 1815521.21 1815521.21 20 12.23 15.58 12.23 12.23 394388.76 394388.76 394388.76 21 4.06 4.06 4.06 4.06 301638.70 301638.70 301638.70 271 22 8.22 8.22 8.22 8.22 130888.39 130888.39 130888.39 MP& M National Benefits Preferred( Opt1= Pref, Opt2= NULL) 90 Sludge MP& M Based ( Sub 10) 00: 44 Sunday, February 9, 2003 Total Number of POTWs exceeding a Sludge Disposal Method( National)

The MEANS Procedure Variable Label Sum                                                                  ex_ bh Execeedences of LA High Value ( BL) 5328.05 ex_ 1h Execeedences of LA High Value ( Opt1) 5259.12 ex_ 2h Execeedences of LA High Value ( Opt2) 5196.44 ex_ bl Execeedences of LA Low Value ( BL) 3727.86 ex_ 1l Execeedences of LA Low Value ( Opt1) 3679.59 ex_ 2l Execeedences of LA Low Value ( Opt2) 3453.00 ex_ bm Execeedences of Mix Value( BL) 3727.86 ex_ 1m Execeedences of Mix Value ( Opt1) 3679.59 ex_ 2m Execeedences of Mix Value ( Opt2) 3453.00 t_ wght Sludge Quantity DMT ( BL) 9335469.28 t_ 1wght Sludge Quantity DMT ( Opt1) 9106620.46 t_ 2wght Sludge Quantity DMT ( Opt2) 9059103.87                                                                  MP& M National Benefits Preferred( Opt1= Pref, Opt2= NULL) 91 Sludge MP& M Based ( Sub 10) 00: 44 Sunday, February 9, 2003 Cost Savings Resulting From Shifts to Less Costly Sludge Disposal Practices on a National Basis Option 1 Obs stratum switch1 potwntl totwght lowsave1 hghsave1 1 1 lla_ llh 41.59 55001.61 37621.10 74912.19 2 1 mix_ lla 3.26 364.03 18410.29 18410.29 3 1 mix_ llh 11.87 2469.70 118250.08 118250.08 4 1 nswitch 3935.14 1707185.95 0.00 0.00 5 2 lla_ llh 3.34 33387.30 22836.91 45473.50 6 2 mix_ lla 17.67 116671.85 5900541.62 5900541.62 7 2 mix_ llh 3.34 12718.97 608989.01 608989.01 8 2 nswitch 1223.91 4889000.78 0.00 0.00 9 3 mix_ lla 3.34 199528.84 10090936.87 10090936.87 10 3 mix_ llh 8.78 125271.25 5998034.08 5998034.08 11 3 nswitch 75.80 2193869.01 0.00 0.00 =========== =========== 22795619.95 22855547.63


[Federal Register Volume 85, Number 169 (Monday, August 31, 2020)]
[Proposed Rules]
[Pages 53722-53725]
[FR Doc No: 2020-17214]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 600

[EPA-HQ-OAR-2020-0314; FRL-10012-24-OAR]
RIN 2060-AU89

Technical Correction to the Flex-Fuel Vehicle Provisions in CAFE
Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to correct an error in EPA's regulations for
test procedures used in the Corporate Average Fuel Economy (CAFE)
program finalized in a 2012 rulemaking. EPA established the procedures
under the general provisions of Energy Policy and Conservation Act
(EPCA) which authorize EPA to establish test and calculation procedures
for CAFE. The correction clarifies the method for how flex-fuel
vehicles are accounted for in manufacturer fuel economy calculations in
model years 2020 and later. This correction allows the program to be
implemented as originally intended in the 2012 rule. This proposed
action is not expected to result in any significant changes in
regulatory burdens or costs. In the ``Rules and Regulations'' section
of this Federal Register, we are taking direct final action without a
prior proposed rule. If we receive no adverse comment, we will not take
further action on this proposed rule.

DATES: Comments: Written comments must be received by October 15, 2020.
If EPA receives a request for a public hearing by September 8, 2020, we
will publish information related to the hearing and new deadline for
public comment in a subsequent Federal Register document.
    Public hearing: EPA will not hold a public hearing on this matter
unless a request is received by the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble by September 8,
2020. If EPA receives such a request, we will hold a public hearing.
Additional information about the hearing would be published in a
subsequent Federal Register document.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OAR-2020-0314, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov/
(our preferred method). Follow the online instructions for submitting
comments.
     Email<EMAIL_ADDRESS>Include Docket ID No. EPA-
HQ-OAR-2020-0314 in the subject line of the message.
     Fax:<PHONE_NUMBER> Include Docket ID No. EPA-HQ-OAR-2020-
0314 on the cover of the fax.
     Mail: U.S. Environmental Protection Agency, EPA Docket
Center, OAR, Docket EPA-HQ-OAR-2020-0314, Mail Code 28221T, 1200
Pennsylvania Avenue NW, Washington, DC 20460.
     Hand Delivery/Courier: EPA Docket Center, WJC West
Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004.
The Docket Center's hours of operations are 8:30 a.m.-4:30 p.m.,
Monday-Friday (except Federal Holidays).
    Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received may be posted without change
to https://www.regulations.gov/, including any personal information
provided. For detailed instructions on sending comments and additional
information on the rulemaking process, see the ``Public Participation''
heading of the SUPPLEMENTARY INFORMATION section of this document. Out
of an abundance of caution for members of the public and our staff, the
EPA Docket Center and Reading Room are closed to the public, with
limited exceptions, to reduce the risk of transmitting COVID-19. Our
Docket Center staff will continue to provide remote customer service
via email, phone, and webform. We encourage the public to submit
comments via https://www.regulations.gov/ or email, as there may be a
delay in processing mail and faxes. Hand deliveries and couriers may be
received by scheduled appointment only. For further information on EPA
Docket Center services and the current status, please visit us online
at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Christopher Lieske, Office of
Transportation and Air Quality (OTAQ), Assessment and Standards
Division (ASD), Environmental Protection Agency, 2000 Traverwood Drive,
Ann Arbor, MI 48105; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>fax number:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Why is EPA issuing this proposed rule?

    This document proposes to correct an error in EPA's regulations for
test procedures used in the Corporate Average Fuel Economy (CAFE)
program finalized in a 2012 rulemaking. The correction clarifies the
method for how flex-fuel vehicles are accounted for in manufacturer
fuel economy calculations in model years 2020 and later. This
correction allows the program to be implemented as originally intended
in the 2012 rule.
    We have published a direct final rule in the ``Rules and
Regulations'' section of this Federal Register because we view this as
a noncontroversial action and anticipate no adverse comment. We have
explained our reasons for this action in the preamble to the direct
final rule; that document also includes draft regulations detailing all
the amendments under consideration.
    If we receive no adverse comment, we will not take further action
on this proposed rule. If we receive adverse comment, we will publish a
timely withdrawal in the Federal Register informing the public that the
direct final rule, or the relevant provisions of the rule, will not
take effect. We would address all public comments in any subsequent
final rule based on this proposed rule.
    We do not intend to institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
For further information, please see the information provided in the
ADDRESSES section of this document.

II. Does this action apply to me?

    This action affects companies that manufacture or sell passenger
automobiles (passenger cars) and non-passenger automobiles (light
trucks) as defined under NHTSA's CAFE regulations.\1\ Regulated
categories and entities include:
---------------------------------------------------------------------------

    \1\ ``Passenger car'' and ``light truck'' are defined in 49 CFR
part 523.

------------------------------------------------------------------------
                                        NAICS
              Category                 codes A   Examples of potentially
                                                    regulated entities
------------------------------------------------------------------------
Industry............................     336111  Motor Vehicle
                                         336112   Manufacturers.
Industry............................     811111  Commercial Importers of
                                         811112   Vehicles and Vehicle
                                         811198   Components.
                                         423110
Industry............................     335312  Alternative Fuel
                                         811198   Vehicle Converters.
------------------------------------------------------------------------
A North American Industry Classification System (NAICS).

    This list is not intended to be exhaustive, but rather provides a
guide regarding entities likely to be regulated by this action. To
determine whether particular activities may be regulated by this
action, you should carefully examine the regulations. You may direct
questions regarding the applicability of this action to the person
listed in FOR FURTHER INFORMATION CONTACT.

III. Public Participation

    EPA will keep the record open until October 15, 2020. All
information will be available for inspection at the EPA Air Docket No.
EPA-HQ-OAR-2020-0314. Submit your comments, identified by Docket ID No.
EPA-HQ-OAR-2020-0314, at https://www.regulations.gov (our preferred
method), or the other methods identified in the ADDRESSES section. Once
submitted, comments cannot be edited or removed from the docket. The
EPA may publish any comment received to its public docket. Do not
submit to EPA's docket at https://www.regulations.gov any information
you consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
    The EPA is temporarily suspending its Docket Center and Reading
Room for public visitors, with limited exceptions, to reduce the risk
of transmitting COVID-19. Our Docket Center staff will continue to
provide remote customer service via email, phone, and webform. We
encourage the public to submit comments via https://www.regulations.gov/ as there may be a delay in processing mail and
faxes. Hand deliveries or couriers will be received by scheduled
appointment only. For further information and updates on EPA Docket
Center services, please visit us online at https://www.epa.gov/dockets.
    The EPA continues to carefully and continuously monitor information
from the Centers for Disease Control and Prevention (CDC), local area
health departments, and our Federal partners so that we can respond
rapidly as conditions change regarding COVID-19.

IV. Proposed Provisions

    This proposal would correct a technical error in EPA regulations
pertaining to the treatment of model year (MY) 2020 and later E85 flex-
fuel vehicles (FFVs) in the Corporate Average Fuel Economy (CAFE)
program. These provisions were established in the 2012 final rule
``2017 and Later Model Year Light-Duty Vehicle Greenhouse Gas Emissions
and Corporate Average Fuel Economy Standards,'' where EPA adopted new
test procedures for weighting the measured fuel economy of MY 2020 and
later FFVs when the vehicles are tested on both E85 and gasoline test
fuels.\2\ EPA established the procedures under the general provisions
of Energy Policy and Conservation Act (EPCA) which authorize EPA to
establish test and calculation procedures for CAFE.\3\
---------------------------------------------------------------------------

    \2\ See 77 FR 62830 and 63127, October 15, 2012.
    \3\ 49 U.S.C. 32904(a), (c).
---------------------------------------------------------------------------

    49 U.S.C. 32905 specifies how the fuel economy of dual fuel
vehicles is to be calculated for the purposes of CAFE through the 2019
model year. The basic calculation includes a 50/50 harmonic average
weighting of the fuel economy for the alternative fuel and the
conventional fuel, irrespective of the actual usage of each fuel. In a
related provision, 49 U.S.C. 32906, the amount by which a
manufacturer's CAFE value (for domestic passenger cars, import
passenger cars, or light-duty trucks) can be improved by the statutory
incentive for dual fuel vehicles is limited by EPCA to 1.2 mpg through
2014, and then gradually reduced until it is phased out entirely
starting in model year 2020.\4\
---------------------------------------------------------------------------

    \4\ 49 U.S.C. 32906.
---------------------------------------------------------------------------

    Recognizing the expiration of the special calculation procedures in
49 U.S.C. 32905 for dual fuel vehicles, EPA established, in the 2012
rule, calculation procedures for model years 2020 and later FFVs under
the general provisions of EPCA noted above authorizing EPA to establish
CAFE testing and calculation procedures. EPA regulations at 40 CFR
600.510-12(c)(2)(v) specify weighting the fuel economy measured when an
FFV is tested on E85 and gasoline test fuel using the same weighting
factor as is used in the greenhouse gas program for weighting
CO2 emissions measured on the two fuels.\5\ As part of the
2012 rule, NHTSA modified its regulations at Part 536.10 to limit the
applicability of the EPCA limits to MYs 2019 and earlier and to state
that for MYs 2020 and beyond a manufacturer must calculate the fuel
economy of dual-fuel vehicles in accordance with EPA's regulations at
40 CFR 600.510-12(c)(2)(v).
---------------------------------------------------------------------------

    \5\ This weighting factor is commonly referred to as the ``F-
factor.'' The F-factor is a value specified by EPA in accordance
with 40 CFR 600.510-12(k) based on EPA's assessment of the real-
world use of E85 over the life of the FFVs.
---------------------------------------------------------------------------

    The preamble for the 2012 rule summarized EPA's approach for MY
2020 and later as follow: ``EPA is finalizing its proposal, under its
EPCA authority, to use the ``utility factor'' methodology for PHEV and
CNG vehicles described above to determine how to apportion the fuel
economy when operating on gasoline or diesel fuel and the fuel economy
when operating on the alternative fuel. For FFVs under the CAFE
program, EPA is using the same methodology it uses for the GHG program
to apportion the fuel economy, namely based on actual usage of E85. As
proposed, EPA is continuing to use Petroleum Equivalency Factors and
the 0.15 divisor used in the MY 2012-2016 rule for the alternative
fuels,

however with no cap on the amount of fuel economy increase allowed.''
\6\
---------------------------------------------------------------------------

    \6\ 77 FR 62653.
---------------------------------------------------------------------------

    EPA noted in the 2012 preamble ``[i]n a related provision, 49
U.S.C. 32906, the amount by which a manufacturer's CAFE value (for
domestic passenger cars, import passenger cars, or light-duty trucks)
can be improved by the statutory incentive for dual fuel vehicles is
limited by EPCA to 1.2 mpg through 2014, and then gradually reduced
until it is phased out entirely starting in model year 2020. With the
expiration of the special calculation procedures in 49 U.S.C. 32905 for
dual fueled vehicles, the CAFE calculation procedures for model years
2020 and later vehicles need to be set under the general provisions
authorizing EPA to establish testing and calculation procedures.'' \7\
The 2012 rule preamble also notes ``NHTSA interprets section 32906(a)
as not limiting the impact of duel fueled vehicles on CAFE calculations
after MY2019.'' \8\ The 2012 rule preamble states ``we interpret
Congress' statement in section 32906(a)(7) that the maximum increase in
fuel economy attributable to dual-fueled automobiles is `0 miles per
gallon for model years after 2019' within the context of the
introductory language of section 32906(a) and the language of section
32906(b), which, again, refers clearly to the statutory credit, and not
to dual-fueled automobiles generally. It would be an unreasonable
result if the phaseout of the credit meant that manufacturers would be
effectively penalized, in CAFE compliance, for building dual-fueled
automobiles . . .'' \9\ EPA believes all of these statements from the
2012 final rule make clear EPA's intent not to apply the 49 U.S.C.
32906 credit limits to CAFE calculations for model year 2020 and later
vehicles.
---------------------------------------------------------------------------

    \7\ 77 FR 62830.
    \8\ 77 FR 62830.
    \9\ 77 FR 63020.
---------------------------------------------------------------------------

    A discrepancy in EPA's regulations exists in section 40 CFR
600.510-12(h), where prior to the 2012 rule, EPA codified the EPCA
limits in EPA's regulations. These regulations specify that the impact
of certain dual-fuel vehicles on a manufacturer's fleet CAFE
calculations is limited to 0.0 for MY 2020 and later. EPA inadvertently
did not revise the regulations at 40 CFR 600.510-12(h) to account for
the 2012 rule's treatment of MY 2020 and later FFVs. The existing 40
CFR 600.510-12(h) provisions may be read as applying the EPCA limits to
MY 2020 and later FFVs, inconsistent with the clear intent of the 2012
rule. This proposal would correct this error by making narrow revisions
to this section of the regulations to clarify that the limits do not
apply to MY 2020 and later FFVs, where the emissions of those vehicles
are calculated in accordance with 40 CFR 600.510-12(c)(2)(v),
consistent with the intent of the 2012 final rule.
    For additional discussion of the proposed rule changes, see the
direct final rule EPA has published in the ``Rules and Regulations''
section of today's Federal Register. This proposal incorporates by
reference all the reasoning, explanation, and regulatory text from the
direct final rule.

V. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.

B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs

    This action is not expected to be an Executive Order 13771
regulatory action because this action is not significant under
Executive Order 12866.

C. Paperwork Reduction Act

    This action does not impose any new information collection burden
under the PRA, since it merely clarifies and corrects existing
regulatory language. OMB has previously approved the information
collection activities contained in the existing regulations and has
assigned OMB control number of 2060-0104.

D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, the impact of concern is any significant
adverse economic impact on small entities. An agency may certify that a
rule will not have a significant economic impact on a substantial
number of small entities if the rule relieves regulatory burden, has no
net burden or otherwise has a positive economic effect on the small
entities subject to the rule. This rule merely clarifies and corrects
existing regulatory language. We therefore anticipate no costs and
therefore no regulatory burden associated with this rule.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local or tribal governments. Requirements for the private sector do not
exceed $100 million in any one year.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.

G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications as specified in
Executive Order 13175. This rule only corrects and clarifies regulatory
provisions that apply to light-duty vehicle manufacturers. Tribal
governments would be affected only to the extent they purchase and use
regulated vehicles. Thus, Executive Order 13175 does not apply to this
action.

H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    This action is not subject to Executive Order 13045 because it is
not economically significant as defined in Executive Order 12866, and
because the EPA does not believe the environmental health or safety
risks addressed by this action present a disproportionate risk to
children. This proposed rule merely corrects and clarifies previously
established regulatory provisions.

I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use

    This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.

J. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note)

directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs agencies to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
    This action modifies existing regulations to correct an error in
the regulations and therefore involves technical standards previously
established by EPA. The amendments to the regulations do not involve
the application of new technical standards. EPA is continuing to use
the technical standards previously established in its rules regarding
the light-duty vehicle GHG standards for MYs 2017-2025. See 77 FR 62960
and 85 FR 25265.

K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low-income populations and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994).
This regulatory action merely corrects previously established
provisions that auto manufacturers use to demonstrate compliance for
light-duty vehicles.

List of Subjects in 40 CFR Part 600

    Environmental protection, Administrative practice and procedure,
Electric power, Fuel economy, Labeling, Reporting and recordkeeping
requirements.

Andrew Wheeler,
Administrator.
[FR Doc. 2020-17214 Filed 8-28-20; 8:45 am]
BILLING CODE 6560-50-P