§ 63.6650 What reports must I submit and when? ( a) You must submit each report in Table 7 of this subpart that applies to you. ( b) Unless the Administrator has approved a different schedule for submission of reports under § 63.10( a), you must submit each report by the date in Table 7 of this subpart and according to the requirements in paragraphs ( b)( 1) through ( 5) of this section. ( 1) The first Compliance report must cover the period beginning on the compliance date that is specified for your affected source in § 63.6595 and ending on June 30 or December 31, whichever date is the first date following the end of the first calendar half after the compliance date that is specified for your source in § 63.6595. ( 2) The first Compliance report must be postmarked or delivered no later than July 31 or January 31, whichever date follows the end of the first calendar half after the compliance date that is specified for your affected source in § 63.6595. ( 3) Each subsequent Compliance report must cover the semiannual reporting period from January 1 through June 30 or the semiannual reporting period from July 1 through December 31. ( 4) Each subsequent Compliance report must be postmarked or delivered no later than July 31 or January 31, whichever date is the first date following the end of the semiannual reporting period. ( 5) For each stationary RICE that is subject to permitting regulations pursuant to 40 CFR part 70 or 71, and if the permitting authority has established dates for submitting semiannual reports pursuant to 40 CFR 70.6( a)( 3)( iii)( A) or 40 CFR 71.6( a)( 3)( iii)( A), you may submit the first and subsequent Compliance reports according to the dates the permitting authority has established instead of according to the dates in paragraphs ( b)( 1) through ( 4) of this section. ( c) The Compliance report must contain the information in paragraphs ( c)( 1) through ( 6) of this section. ( 1) Company name and address. ( 2) Statement by a responsible official, with that official's name, title, and signature, certifying the accuracy of the content of the report. ( 3) Date of report and beginning and ending dates of the reporting period. ( 4) If you had a startup, shutdown, or malfunction during the reporting period, the compliance report must include the information in § 63.10( d)( 5)( i). ( 5) If there are no deviations from any emission or operating limitations that apply to you, a statement that there were no deviations from the emission or operating limitations during the reporting period. ( 6) If there were no periods during which the continuous monitoring system ( CMS), including CEMS and CPMS, was out of control, as specified in § 63.8( c)( 7), a statement that there were no periods during which the CMS was out of control during the reporting period. ( d) For each deviation from an emission or operating limitation that occurs for a stationary RICE where you are not using a CMS to comply with the emission or operating limitations in this subpart, the Compliance report must contain the information in paragraphs ( c)( 1) through ( 4) of this section and the information in paragraphs ( d)( 1) and ( 2) of this section. ( 1) The total operating time of the stationary RICE at which the deviation occurred during the reporting period. ( 2) Information on the number, duration, and cause of deviations ( including unknown cause, if applicable), as applicable, and the corrective action taken. ( e) For each deviation from an emission or operating limitation occurring for a stationary RICE where you are using a CMS to comply with the emission and operating limitations in this subpart, you must include information in paragraphs ( c)( 1) through ( 4) and ( e)( 1) through ( 12) of this section. ( 1) The date and time that each malfunction started and stopped. ( 2) The date, time, and duration that each CMS was inoperative, except for zero ( low level) and high level checks. ( 3) The date, time, and duration that each CMS was out of control, including the information in § 63.8( c)( 8). ( 4) The date and time that each deviation started and stopped, and whether each deviation occurred during a period of malfunction or during another period. ( 5) A summary of the total duration of the deviation during the reporting period, and the total duration as a percent of the total source operating time during that reporting period. ( 6) A breakdown of the total duration of the deviations during the reporting period into those that are due to control equipment problems, process problems, other known causes, and other unknown causes. ( 7) A summary of the total duration of CMS downtime during the reporting period, and the total duration of CMS downtime as a percent of the total operating time of the stationary RICE at which the CMS downtime occurred during that reporting period. ( 8) An identification of each parameter and pollutant ( CO or formaldehyde) that was monitored at the stationary RICE. ( 9) A brief description of the stationary RICE. ( 10) A brief description of the CMS. ( 11) The date of the latest CMS certification or audit. ( 12) A description of any changes in CMS, processes, or controls since the last reporting period. ( f) Each affected source that has obtained a title V operating permit pursuant to 40 CFR part 70 or 71 must report all deviations as defined in this subpart in the semiannual monitoring report required by 40 CFR 70.6( a)( 3)( iii)( A) or 40 CFR 71.6( a)( 3)( iii)( A). If an affected source submits a Compliance report pursuant to Table 7 of this subpart along with, or as part of, the semiannual monitoring report required by 40 CFR 70.6( a)( 3)( iii)( A) or 40 CFR 71.6( a)( 3)( iii)( A), and the Compliance report includes all required information concerning deviations from any emission or operating limitation in this subpart, submission of the Compliance report shall be deemed to satisfy any obligation to report the same deviations VerDate 0ct< 31> 2002 16: 32 Dec 18, 2002 Jkt 200001 PO 00000 Frm 00036 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 19DEP2. SGM 19DEP2 77865 Federal Register / Vol. 67, No. 244 / Thursday, December 19, 2002 / Proposed Rules in the semiannual monitoring report. However, submission of a Compliance report shall not otherwise affect any obligation the affected source may have to report deviations from permit requirements to the permit authority.

§ 63.6655 What records must I keep? ( a) If you must comply with the emission and operating limitations, you must keep the records described in paragraphs ( a)( 1) through ( a)( 3), ( b)( 1) through ( b)( 3) and ( c) of this section. ( 1) A copy of each notification and report that you submitted to comply with this subpart, including all documentation supporting any Initial Notification or Notification of Compliance Status that you submitted, according to the requirement in § 63.10( b)( 2)( xiv). ( 2) The records in § 63.6( e)( 3)( iii) through ( v) related to startup, shutdown, and malfunction. ( 3) Records of performance tests and performance evaluations as required in § 63.10( b)( 2)( viii). ( b) For each CEMS or CPMS, you must keep the records listed in paragraphs ( b)( 1) through ( 3) of this section. ( 1) Records described in § 63.10( b)( 2)( vi) through ( xi). ( 2) Previous ( i. e., superseded) versions of the performance evaluation plan as required in § 63.8( d)( 3). ( 3) Requests for alternatives to the relative accuracy test for CEMS or CPMS as required in § 63.8( f)( 6)( i), if applicable. ( c) You must keep the records required in Table 6 of this subpart to show continuous compliance with each emission or operating limitation that applies to you.

§ 63.6660 In what form and how long must I keep my records? ( a) Your records must be in a form suitable and readily available for expeditious review according to § 63.10( b)( 1). ( b) As specified in § 63.10( b)( 1), you must keep each record for 5 years following the date of each occurrence, measurement, maintenance, corrective action, report, or record. ( c) You must keep each record on site for at least 2 years after the date of each occurrence, measurement, maintenance, corrective action, report, or record, according to § 63.10( b)( 1). You can keep the records offsite for the remaining 3 years.

Other Requirements and Information § 63.6665 What parts of the General Provisions apply to me? Table 8 of this subpart shows which parts of the General Provisions in § § 63.1 through 63.15 apply to you. If you own or operate an existing 2SLB, an existing 4SLB stationary RICE, an existing CI stationary RICE, or a stationary RICE with a manufacturer's nameplate rating of 500 brake horsepower or less, you do not need to comply with any of the requirements of the General Provisions. If you own or operate a stationary RICE that combusts digester gas or landfill gas as the primary fuel or is an emergency power/ limited use stationary RICE, you do not need to comply with the requirements in the General Provisions except for the initial notification requirements.

§ 63.6670 Who implements and enforces this subpart?

( a) This subpart is implemented and enforced by the U. S. EPA, or a delegated authority such as your State, local, or tribal agency. If the U. S. EPA Administrator has delegated authority to your State, local, or tribal agency, then that agency ( as well as the U. S. EPA) has the authority to implement and enforce this subpart. You should contact your U. S. EPA Regional Office to find out whether this subpart is delegated to your State, local, or tribal agency. ( b) In delegating implementation and enforcement authority of this subpart to a State, local, or tribal agency under 40 CFR part 63, subpart E, the authorities contained in paragraph ( c) of this section are retained by the Administrator of the U. S. EPA and are not transferred to the State, local, or tribal agency. ( c) The authorities that will not be delegated to State, local, or tribal agencies are: ( 1) Approval of alternatives to the non opacity emission limitations and operating limitations in § 63.6600 under § 63.6( g). ( 2) Approval of major alternatives to test methods under § 63.7( e)( 2)( ii) and ( f) and as defined in § 63.90. ( 3) Approval of major alternatives to monitoring under § 63.8( f) and as defined in § 63.90. ( 4) Approval of major alternatives to recordkeeping and reporting under § 63.10( f) and as defined in § 63.90.

§ 63.6675 What definitions apply to this subpart?

Terms used in this subpart are defined in the Clean Air Act ( CAA); in 40 CFR 63.2, the General Provisions of this part; and in this section as follows: Area source means any stationary source of HAP that is not a major source as defined in part 63. Associated equipment as used in this subpart and as referred to in section 112( n)( 4) of the CAA, means equipment associated with an oil or natural gas exploration or production well, and includes all equipment from the well bore to the point of custody transfer, except glycol dehydration units, storage vessels with potential for flash emissions, combustion turbines, and stationary RICE. CAA means the Clean Air Act ( 42 U. S. C. 7401 et seq., as amended by Public Law 101   549, 104 Stat. 2399). Compression ignition engine means any stationary RICE in which a high boiling point liquid fuel injected into the combustion chamber ignites when the air charge has been compressed to a temperature sufficiently high for autoignition including diesel engines and dual fuel engines. Custody transfer means the transfer of hydrocarbon liquids or natural gas: after processing and/ or treatment in the producing operations, or from storage vessels or automatic transfer facilities or other such equipment, including product loading racks, to pipelines or any other forms of transportation. For the purposes of this subpart, the point at which such liquids or natural gas enters a natural gas processing plant is a point of custody transfer. Deviation means any instance in which an affected source subject to this subpart, or an owner or operator of such a source: ( 1) Fails to meet any requirement or obligation established by this subpart, including but not limited to any emission limitation or operating limitation; ( 2) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit; or ( 3) Fails to meet any emission limitation or operating limitation in this subpart during malfunction, regardless or whether or not such failure is permitted by this subpart. Diesel engine means any stationary RICE in which a high boiling point liquid fuel injected into the combustion chamber ignites when the air charge has been compressed to a temperature sufficiently high for auto ignition. This process is also known as compression ignition. Diesel fuel means any liquid obtained from the distillation of petroleum with a boiling point of approximately 150 to 360 degrees Celsius. One commonly used form is fuel oil number 2. Digester gas means any gaseous byproduct of wastewater treatment formed through the anaerobic decomposition of organic waste materials and composed principally of methane and CO2.

VerDate 0ct< 31> 2002 16: 32 Dec 18, 2002 Jkt 200001 PO 00000 Frm 00037 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 19DEP2. SGM 19DEP2 77866 Federal Register / Vol. 67, No. 244 / Thursday, December 19, 2002 / Proposed Rules Dual fuel engine means any stationary RICE in which a liquid fuel ( typically diesel fuel) is used for compression ignition and gaseous fuel ( typically natural gas) is used as the primary fuel. Emergency power/ limited use stationary RICE means any stationary RICE that operates as a mechanical or electrical power source when the primary power source for a facility has been rendered inoperable by an emergency situation. Examples include stationary RICE used when electric power from the local utility is interrupted, stationary RICE used to pump water in the case of fire or flood, etc. Emergency power/ limited use units also include units that operate less than 50 hours per year in non emergency situations, including certain peaking units at electric facilities and stationary RICE at industrial facilities. Four stroke engine means any type of engine which completes the power cycle in two crankshaft revolutions, with intake and compression strokes in the first revolution and power and exhaust strokes in the second revolution. Gaseous fuel means a material used for combustion which is normally a gas with a heating value at standard temperature and pressure. Hazardous air pollutants ( HAP) means any air pollutants listed in or pursuant to section 112( b) of the CAA. ISO standard day conditions means 288 degrees Kelvin ( 15 degrees Celsius), 60 percent relative humidity and 101.3 kilopascals pressure. Landfill gas means a gaseous byproduct of the land application of municipal refuse formed through the anaerobic decomposition of waste materials and composed principally of methane and CO2. Lean burn engine means any twostroke or four stroke engine where the manufacturer's recommended operating air/ fuel ratio divided by the stoichiometric air/ fuel ratio is greater than 1.1. Liquefied petroleum gas means any liquefied hydrocarbon gas obtained as a by product in petroleum refining of natural gas production. Liquid fuel means any fuel in liquid form at standard temperature and pressure, including but not limited to diesel, residual/ crude oil, kerosene/ naphtha ( jet fuel), and gasoline. Major Source, as used in this subpart, shall have the same meaning as in § 63.2, except that: ( 1) Emissions from any oil or gas exploration or production well ( with its associated equipment ( as defined in this section)) and emissions from any pipeline compressor station or pump station shall not be aggregated with emissions from other similar units, to determine whether such emission points or stations are major sources, even when emission points are in a contiguous area or under common control except when they are on the same surface site; ( 2) For oil and gas production facilities, emissions from processes, operations, or equipment that are not part of the same oil and gas production facility, as defined in this section, shall not be aggregated; and ( 3) For production field facilities, only HAP emissions from glycol dehydration units, storage tanks with flash emissions potential, combustion turbines and reciprocating internal combustion engines shall be aggregated for a major source determination. Malfunction means any sudden, infrequent, and not reasonably preventable failure of air pollution control equipment, process equipment, or a process to operate in a normal or usual manner. Failures that are caused in part by poor maintenance or careless operation are not malfunctions. Natural gas means a naturally occurring mixture of hydrocarbon and non hydrocarbon gases found in geologic formations beneath the Earth's surface, of which the principal constituent is methane. May be field or pipeline quality. Non selective catalytic reduction ( NSCR) means an add on catalytic nitrogen oxides ( NOX) control device for rich burn engines that, in a two step reaction, promotes the conversion of excess oxygen, NOX, CO, and volatile organic compounds ( VOC) into CO2, nitrogen, and water. Oil and gas production facility as used in this subpart means any grouping of equipment where hydrocarbon liquids are processed, upgraded ( i. e., remove impurities or other constituents to meet contract specifications), or stored prior to the point of custody transfer; or where natural gas is processed, upgraded, or stored prior to entering the natural gas transmission and storage source category. For purposes of a major source determination, facility ( including a building, structure, or installation) means oil and natural gas production and processing equipment that is located within the boundaries of an individual surface site as defined in this section. Equipment that is part of a facility will typically be located within close proximity to other equipment located at the same facility. Pieces of production equipment or groupings of equipment located on different oil and gas leases, mineral fee tracts, lease tracts, subsurface or surface unit areas, surface fee tracts, surface lease tracts, or separate surface sites, whether or not connected by a road, waterway, power line or pipeline, shall not be considered part of the same facility. Examples of facilities in the oil and natural gas production source category include, but are not limited to, well sites, satellite tank batteries, central tank batteries, a compressor station that transports natural gas to a natural gas processing plant, and natural gas processing plants. Oxidation catalyst means an add on catalytic control device for lean burn engines that controls CO and VOC by oxidation. Peaking unit or engine means any standby engine intended for use during periods of high demand that are not emergencies. Potential to emit means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the stationary source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation or the effect it would have on emissions is federally enforceable. Production field facility means those oil and gas production facilities located prior to the point of custody transfer. Propane means a colorless gas derived from petroleum and natural gas, with the molecular structure C3H8, suitable for use in spark ignited internal combustion engines. Responsible official means responsible official as defined in 40 CFR 70.2. Rich burn engine means any fourstroke spark ignited engine where the manufacturer's recommended operating air/ fuel ratio divided by the stoichiometric air/ fuel ratio is less than or equal to 1.1. Spark ignition engine means a type of engine in which a compressed air/ fuel mixture is ignited by a timed electric spark generated by a spark plug. Stationary reciprocating internal combustion engine ( RICE) means any reciprocating internal combustion engine which uses reciprocating motion to convert heat energy into mechanical work and which is not mobile. Stationary RICE differ from mobile RICE in that stationary RICE are not self propelled, are not intended to be propelled while performing their function, or are not portable or transportable as that term is identified VerDate 0ct< 31> 2002 16: 32 Dec 18, 2002 Jkt 200001 PO 00000 Frm 00038 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 19DEP2. SGM 19DEP2 77867 Federal Register / Vol. 67, No. 244 / Thursday, December 19, 2002 / Proposed Rules in the definition of non road engine at 40 CFR 89.2. Stationary RICE test cell/ stand means an engine test cell/ stand, as defined in subpart PPPPP of this part, that tests stationary RICE. Stoichiometric means the theoretical air to fuel ratio required for complete combustion. Subpart means 40 CFR part 63, subpart ZZZZ. Surface site means any combination of one or more graded pad sites, gravel pad sites, foundations, platforms, or the immediate physical location upon which equipment is physically affixed. Two stroke engine means a type of engine which completes the power cycle in single crankshaft revolution by combining the intake and compression operations into one stroke and the power and exhaust operations into a second stroke. This system requires auxiliary scavenging and inherently runs lean of stoichiometric.

Tables to Subpart ZZZZ of Part 63 TABLE 1A TO SUBPART ZZZZ OF PART 63.   EMISSION LIMITATIONS FOR EXISTING, NEW, AND RECONSTRUCTED SPARK IGNITION, 4SRB STATIONARY RICE [ As stated in § § 63.6600 and 63.6640, you must comply with the following emission limitations for existing, new and reconstructed 4SRB stationary RICE]

For each . . . You must meet one of the following emission limitations . . .

1. 4SRB stationary RICE .......................................................................... a. Reduce formaldehyde emissions by 75 percent or more, if you use NSCR; or b. Limit the concentration of formaldehyde in the stationary RICE exhaust to 350 ppbvd or less at 15 percent O2, if you use means other than NSCR to reduce HAP emissions.

TABLE 1B TO SUBPART ZZZZ OF PART 63.   OPERATING LIMITATIONS FOR EXISTING, NEW, AND RECONSTRUCTED SPARK IGNITION, 4SRB STATIONARY RICE [ As stated in § § 63.6600, 63.6630 and 63.6640, you must comply with the following operating emission limitations for existing, new and reconstructed 4SRB stationary RICE]

For each . . . You must meet the following operating limitation . . .

1. 4SRB stationary RICE complying with the requirement to reduce formaldehyde emissions by 75 percent or more using NSCR. a. Maintain your catalyst so that the pressure drop across the catalyst does not change by more than two inches of water from the pressure drop across the catalyst measured during the initial performance test; and b. Maintain your catalyst so that the temperature rise across the catalyst is no more than 5 percent different from the temperature rise across the catalyst measured during the initial performance test; and c. Maintain the temperature of your stationary RICE exhaust so that the catalyst inlet temperature is greater than or equal to 750 ° F and less than or equal to 1250 ° F. 2. 4SRB stationary RICE complying with the requirement to limit the concentration of formaldehyde in the stationary RICE exhaust to 350 ppbvd or less at 15 percent O2 using means other than NSCR to reduce emissions. a. Maintain an operating load equal to or greater than 95 percent of the operating load established during the initial performance test; or b. Maintain a fuel flow rate equal to or greater than 95 percent of the fuel flow rate established during the initial performance test; and c. You must comply with any additional operating limitations approved by the Administrator.

TABLE 2A TO SUBPART ZZZZ OF PART 63.   EMISSION LIMITATIONS FOR NEW AND RECONSTRUCTED LEAN BURN AND COMPRESSION IGNITION STATIONARY RICE [ As stated in § § 63.6600 and 63.6640, you must comply with the following emission limitations for new and reconstructed lean burn and compression ignition stationary RICE]

For each . . . You must meet the following emission limitation . . .

1. 2SLB stationary RICE .......................................................................... a. Reduce CO emissions by 60 percent or more, if you use an oxidation catalyst; or b. Limit concentration of formaldehyde in the stationary RICE exhaust to 17 ppmvd or less at 15 percent O2, if you use some means other than an oxidation catalyst to reduce emissions. 2. 4SLB stationary RICE .......................................................................... a. Reduce CO emissions by 93 percent or more, if you use an oxidation catalyst; or b. Limit concentration of formaldehyde in the stationary RICE exhaust to 14 ppmvd or less at 15 percent O2, if you use some means other than an oxidation catalyst to reduce emissions. 3. CI stationary RICE ............................................................................... a. Reduce CO emissions by 70 percent or more, if you use an oxidation catalyst; or VerDate 0ct< 31> 2002 16: 32 Dec 18, 2002 Jkt 200001 PO 00000 Frm 00039 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 19DEP2. SGM 19DEP2 77868 Federal Register / Vol. 67, No. 244 / Thursday, December 19, 2002 / Proposed Rules TABLE 2A TO SUBPART ZZZZ OF PART 63.   EMISSION LIMITATIONS FOR NEW AND RECONSTRUCTED LEAN BURN AND COMPRESSION IGNITION STATIONARY RICE   Continued [ As stated in § § 63.6600 and 63.6640, you must comply with the following emission limitations for new and reconstructed lean burn and compression ignition stationary RICE]

For each . . . You must meet the following emission limitation . . .

b. Limit concentration of formaldehyde in the stationary RICE exhaust to 580 ppbvd or less at 15 percent O2, if you use some means other than an oxidation catalyst to reduce emissions.

TABLE 2B TO SUBPART ZZZZ OF PART 63.   OPERATING LIMITATIONS FOR NEW AND RECONSTRUCTED LEAN BURN AND COMPRESSION IGNITION STATIONARY RICE [ As stated in § § 63.6600, 63.6630, and 63.6640, you must comply with the following operating limitations for new and reconstructed lean burn and compression ignition stationary RICE]

For each . . . You must meet the following operating limitation . . .

1. 2SLB and 4SLB stationary RICE and CI stationary RICE with a brake horsepower < 5000 complying with the requirement to reduce CO emissions using an oxidation catalyst. a. Maintain your catalyst so that the pressure drop across the catalyst does not change by more than two inches of water from the pressure drop across the catalyst that was measured during the initial performance test; and b. Maintain the temperature of your stationary RICE exhaust so that the catalyst inlet temperature is greater than or equal to 500 ° F and less than or equal to 1250 ° F. 2. 2SLB and 4SLB stationary RICE and CI stationary RICE complying with the requirement to limit the concentration of formaldehyde in the stationary RICE exhaust. a. Maintain an operating load equal to or greater than 95 percent of the operating load established during the initial performance test; or b. Maintain a fuel flow rate equal to or greater than 95 percent of the fuel flow rate established during the initial performance test; and c. You must comply with any additional operating limitations approved by the Administrator.

TABLE 3 TO SUBPART ZZZZ OF PART 63.   SUBSEQUENT PERFORMANCE TESTS [ As stated in § § 63.6615 and 63.6620, you must comply with the following subsequent performance test requirements]

For each . . . Complying with the requirement to . . . You must . . .

1. 2SLB and 4SLB stationary RICE and CI stationary RICE with a brake horsepower < 5000. Reduce CO emissions if using an oxidation catalyst. Conduct subsequent performance tests quarterly 2. 4SRB stationary RICE with a brake horsepower   5000. Reduce formaldehyde emissions 75 percent or more using NSCR. Conduct subsequent performance tests semiannually a. 3. Stationary RICE ( all stationary RICE subcategories and all brake horsepower ratings). Limit the concentration of formaldehyde in the stationary RICE exhaust, if using means other than an oxidation catalyst or NSCR. Conduct subsequent performance tests semiannually a.

a After you have demonstrated compliance for two consecutive tests, you may reduce the frequency of subsequent performance tests to annually If the results of any subsequent annual performance test indicate the stationary RICE is not in compliance with the formaldehyde emission limitation, or you deviate from any of your operating limitations, you must resume semiannual performance tests.

TABLE 4 TO SUBPART ZZZZ OF PART 63.   REQUIREMENTS FOR PERFORMANCE TESTS [ As stated in § § 63.6610, 63.6620, and 63.6640, you must comply with the following requirements for performance tests]

For each . . . Complying with the requirement to . . . You must . . . Using . . . According to the following requirements . . .

1. 2SLB and 4SLB stationary RICE and CI stationary RICE with a brake horsepower < 5000. a. Reduce CO emissions if using an oxidation catalyst i. Measure the O2 at the inlet and outlet of the oxidation catalyst. and ( 1) Portable CO and O2 analyzer. ( a) Using ASTM D6522   00 b. Measurements to determine O2 must be made at the same time as the measurements for CO concentration. ii. Measure the CO at the inlet and the outlet of the oxidation catalyst. ( 1) Portable CO and O2 analyzer. ( a) Using ASTM D6522   00 b. The CO concentration must be at 15 percent O2, dry basis. 2. 4SRB stationary RICE .. a. Reduce formaldehyde emissions by 75 percent or more using NSCR. i. Select the sampling port location and the number of traverse points. and ( 1) Method 1 or 1A of 40 CFR part 60, appendix A § 63.7( d)( 1)( i). ( a) Sampling sites must be located at the inlet and outlet of the NSCR.

VerDate 0ct< 31> 2002 16: 32 Dec 18, 2002 Jkt 200001 PO 00000 Frm 00040 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 19DEP2. SGM 19DEP2 77869 Federal Register / Vol. 67, No. 244 / Thursday, December 19, 2002 / Proposed Rules TABLE 4 TO SUBPART ZZZZ OF PART 63.   REQUIREMENTS FOR PERFORMANCE TESTS   Continued [ As stated in § § 63.6610, 63.6620, and 63.6640, you must comply with the following requirements for performance tests]

For each . . . Complying with the requirement to . . . You must . . . Using . . . According to the following requirements . . .

ii. Measure O2 at the inlet and outlet of the control device. and ( 1) Method 3A and 3B of 40 CFR part 60, appendix A. ( a) Measurements to determine O2 concentration must be made at the same time as the measurements for formaldehyde concentration. iii. Measure moisture content at the inlet and outlet of the NSCR. and ( 1) Method 4 of 40 CFR part 60, appendix A. ( a) Measurements to determine moisture content must be made at the same time and location as the measurements for formaldehyde concentration iv. Measure formaldehyde at the inlet and the outlet of the NSCR. ( 1) Method 320 or 323 of 40 CFR part 63, appendix A, EPA SW   846 Method 0011 or Method CARB 430 a. ( a) Formaldehyde concentration must be at 15 percent O2, dry basis. Results of this test consist of the average of the three 1 hour or longer runs. 3. Stationary RICE ............ a. Limit the concentration of formaldehyde in the stationary RICE exhaust. i. Select the sampling port location and the number of traverse points. and ( 1) Method 1 or 1A of 40 CFR part 60, appendix A § 63.7( d)( 1)( i). ( a) If using a control device the sampling site must be located at the outlet of the control device ii. Determine the O2 concentration of the stationary RICE exhaust at the sampling port location and ( 1) Method 3A or 3B of 40 CFR part 60, appendix A. ( a) Measurements to determine O2 concentration must be made at the same time and location as the measurements for formaldehyde concentration iii. Measure moisture content of the stationary RICE exhaust at the sampling port location. and ( 1) Method 4 of 40 CFR part 60, appendix A. ( a) Measurements to determine moisture content must be made at the same time and location as the measurements for formaldehyde concentration iv. Measure formaldehyde at the exhaust of the stationary RICE. ( 1) Method 320 or 323 of 40 CFR part 63, appendix A; or Method CARB 430 a ( spark ignition 4SRB stationary RICE only); or EPA SW   846 Method 0011. ( a) The stationary RICE must be operating at the lowest operating load at which you will operate the stationary RICE; and Formaldehyde concentration must be at 15 percent O2, dry basis. Results of this test consist of the average of the three 1 hour or longer runs.

a You may obtain a copy of ARB Method 430 from the California Environmental Protection Agency, Air Resources Board, 2020 L Street, Sacramento CA 95812, or you may download a copy of ARB Method 430 from ARB's web site ( http:// www. arb. ca. gov/ testmeth/ vol3/ vol3. htm). b You may also use Methods 3A and 10 as options to ASTM   D6522   00. You may obtain a copy of ASTM   D6522   00 from at least one of the following addresses: American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohochen, PA 19428   2959, or University Microfilms International, 300 North Zeeb Road, Ann Arbor, MI 48106.

VerDate 0ct< 31> 2002 16: 32 Dec 18, 2002 Jkt 200001 PO 00000 Frm 00041 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 19DEP2. SGM 19DEP2 77870 Federal Register / Vol. 67, No. 244 / Thursday, December 19, 2002 / Proposed Rules TABLE 5 TO SUBPART ZZZZ OF PART 63.   INITIAL COMPLIANCE WITH EMISSION LIMITATIONS AND OPERATING LIMITATIONS [ As stated in § § 63.6625 and 63.6630, you must initially comply with the emission and operating limitations as required by the following]

For each . . . Complying with the requirement to . . . You have demonstrated initial compliance if . . .

1. 2SLB and 4SLB stationary RICE and CI stationary RICE with a brake horsepower < 5000. a. Reduce CO emissions if using an oxidation catalyst. i. The average reduction of emissions of CO determined from the initial performance test achieves the required CO percent reduction; and ii. You have installed a CPMS to continuously monitor catalyst pressure drop and catalyst inlet temperature according to the requirements in § 63.6625( b); and iii. You have recorded the catalyst pressure drop and catalyst inlet temperature during the initial performance test. 2. 2SLB and 4SLB stationary RICE and CI stationary RICE with a brake horsepower   5000. a. Reduce CO emissions if using an oxidation catalyst. i. You have installed a CEMS to continuously monitor CO and either O2 or CO2 at both the inlet and outlet of the oxidation catalyst according to the requirements in § 63.6625( a); and ii. You have conducted a performance evaluation of your CEMS using PS 3 and 4A of 40 CFR part 60, appendix B; and iii. The average reduction of CO calculated using § 63.6620 equals or exceeds the required percent reduction. The initial test comprises the first 4 hour period after successful validation of the CEMS. Compliance is based on the average percent reduction achieved during the 4 hour period. 3. 4SRB stationary RICE ........................ a. Reduce formaldehyde emissions if using NSCR. i. The average reduction of emissions of formaldehyde determined from the initial performance test is equal to or greater than the required formaldehyde percent reduction and ii. You have installed a CPMS to continuously monitor catalyst pressure drop and catalyst temperature rise according to the requirements in § 63.6625( b); and iii. You have recorded the catalyst pressure drop, catalyst inlet temperature and catalyst temperature rise during the initial performance test. 4. Stationary RICE .................................. a. Limit the concentration of formaldehyde in the stationary RICE exhaust. i. The average formaldehyde concentration, corrected to 15 percent O2, dry basis, from the three test runs is less than or equal to the formaldehyde emission limitation; and ii. You have installed a CPMS to continuously monitor stationary RICE operating load or fuel flow rate according to the requirements in § 63.6625( b); and iii. You have recorded the average stationary RICE operating load or fuel flow rate during the initial performance test.

TABLE 6 TO SUBPART ZZZZ OF PART 63.   CONTINUOUS COMPLIANCE WITH EMISSION LIMITATIONS AND OPERATING LIMITATIONS [ As stated in § 63.6640, you must continuously comply with the emissions and operating limitations as required by the following]

For each . . . Complying with the requirement to . . . You must demonstrate continuous compliance by . . .

1. 2SLB and 4SLB stationary RICE and CI stationary RICE with a brake horsepower < 5000. a. Reduce CO emissions if using an ozidation catalyst. i. Conducting quarterly performance tests for CO to demonstrate that the required CO percent reduction is achieved; and ii. Collecting the catalyst pressure drop and catalyst inlet temperature data according to § 63.6625( b); and iii. Reducing these data to 4 hour rolling averages; and iv. Maintaining the 4 hour rolling averages within the operating limitations for the pressure drop across the catalyst and the catalyst inlet temperature established during the initial performance test. 2. 2SLB and 4SLB stationary RICE and CI stationary RICE with a brake horsepower   5000. a. Reduce CO emissions if using an oxidation catalyst. i. Collecting the monitoring data according to § 63.6625( a), reducing the measurements to 1 hour averages, calculating the percent reduction of CO emissions according to § 63.6620; and ii. Demonstrating that the oxidation catalyst achieves the required percent reduction of CO emissions over the 4 hour averaging period; and VerDate 0ct< 31> 2002 16: 32 Dec 18, 2002 Jkt 200001 PO 00000 Frm 00042 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 19DEP2. SGM 19DEP2 77871 Federal Register / Vol. 67, No. 244 / Thursday, December 19, 2002 / Proposed Rules TABLE 6 TO SUBPART ZZZZ OF PART 63.   CONTINUOUS COMPLIANCE WITH EMISSION LIMITATIONS AND OPERATING LIMITATIONS   Continued [ As stated in § 63.6640, you must continuously comply with the emissions and operating limitations as required by the following]

For each . . . Complying with the requirement to . . . You must demonstrate continuous compliance by . . .

iii. Conducting an annual RATA of your CEMS using PS 3 and 4A of 40 CFR part 60, appendix B, as well as daily and periodic data quality checks in accordance with 40 CFR part 60, appendix F, procedure 1. 3. Spark ignition, 4SRB stationary RICE a. Reduce formaldehyde emissions if using NSCR. i. Collecting the pressure drop across the catalyst, the catalyst inlet temperature and the temperature rise across the catalyst data according to § 63.6625( b); and ii. Reducing these data to 4 hour rolling averages; and iii. Maintaining the 4 hour rolling averages within the operating limitations for pressure drop across the catalyst, the catalyst inlet temperature and temperature rise across the catalyst established during the performance test. 4. 4SRB stationary RICE with a brake horsepower   5000. Reduce formaldehyde emissions if using NSCR. Conducting semiannual performance tests for formaldehyde to demonstrate that the required formaldehyde percent reduction horsepower is achieved a 5. Stationary RICE .................................. a. Limit the concentration of formaldehyde in the stationary RICE exhaust. i. Conducting semiannual performance tests for formaldehyde to demonstrate that your emissions remain at or below the formaldehyde concentration limit a; and ii. Collecting the operating load or fuel flow data; and iii. Reducing operating load or fuel flow data to 4 hour rolling averages; and iv. Maintaining the 4 hour rolling averages equal to or greater than 95 percent of the operating limitations established during the initial performance test.

a After you have demonstrated compliance for two consecutive tests, you may reduce the frequency of subsequent performance tests to annually If the results of any subsequent annual performance test indicate the stationary RICE is not in compliance with the formaldehyde emission limitation, or you deviate from any of your operating limitations, you must resume semiannual performance tests.

TABLE 7 TO SUBPART ZZZZ OF PART 63.   REQUIREMENTS FOR REPORTS [ As stated in § 63.6650, you must comply with the following requirements for reports]

You must submit a ( n) The report must contain . . . You must submit the report . . .

1. Compliance report .............................. a. If there are no deviations from any emission limitations or operating limitations that apply to you, a statement that there were no deviations from the emission limitations or operating limitations during the reporting period. If there were no periods during which the CMS, including CEMS and CPMS, was out of control, as specified in § 63.8( c)( 7), a statement that there were not periods during which the CMS was out of control during the reporting period. or i. Semiannually according to the requirements in § 63.6650( b).

b. If you had a deviation from any emission limitation or operating limitation during the reporting period, the information in § 63.6650( d). If there were periods during which the CMS, including CEMS and CPMS, was out of control, as specified in § 63.8( c)( 7), the information in § 63.6650( e). or i. Semiannually according to the requirements in § 63.6650( b).

c. If you had a startup, shutdown or malfunction during the reporting period, the information in § 63.10( d)( 5)( i). i. Semiannually according to the requirements in § 63.6650( b). 2. An immediate startup, shutdown, and malfunction report if you had a startup shutdown, or malfunction during the reporting period. a. Actions taken for the event ............................................... and i. by fax or telephone within 2 working days after starting actions inconsistent with the plan.

b. The information in § 63.10( d)( 5)( ii) .................................... i. By letter within 7 working days after the end of the event unless you have made alternative arrangements with the permitting authorities. ( § 63.10( d)( 5)( ii)).

VerDate 0ct< 31> 2002 17: 30 Dec 18, 2002 Jkt 200001 PO 00000 Frm 00043 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 19DEP2. SGM 19DEP2 77872 Federal Register / Vol. 67, No. 244 / Thursday, December 19, 2002 / Proposed Rules TABLE 8 TO SUBPART ZZZZ OF PART 63 APPLICABILITY OF GENERAL PROVISIONS TO SUBPART ZZZZ [ As stated in § 63.6665, you must comply with the following applicable general provisions:]

General provisions citation Subject of citation Applies to Subpart Explanation 1. § 63.1 ......................................... General applicability of the General Provisions. Yes.

2. § 63.2 ......................................... Definitions ..................................... Yes ................................................ Additional terms defined in § 63.6675. 3. § 63.3 ......................................... Units and abbreviations ................ Yes. 4. § 63.4 ......................................... Prohibited activities and circumvention Yes.

5. § 63.5 ......................................... Construction and reconstruction ... Yes. 6. § 63.6( a) ..................................... Applicability ................................... Yes. 7. § 63.6( b)( 1)   ( 4) .......................... Compliance dates for new and reconstructed sources. Yes.

8. § 63.6( b)( 5) ................................ Notification .................................... Yes. 9. § 63.6( b)( 6) ................................ [ Reserved] .................................... Yes. 10. § 63.6( b)( 7) .............................. Compliance dates for new and reconstructed area sources that become major sources. Yes.

11. § 63.6( c)( 1)   ( 2) ........................ Compliance dates for existing sources. Yes.

12. § 63.6( c)( 3)   ( 4) ........................ [ Reserved] .................................... Yes. 13. § 63.6( c)( 5) ............................... Compliance dates for existing area sources that become major sources. Yes.

14. § 63.6( d) ................................... [ Reserved] .................................... Yes. 15. § 63.6( e)( 1)   ( 2) ........................ Operation and maintenance ......... Yes. 16. § 63.6( e)( 3) .............................. Startup, shutdown, and malfunction plan. No ................................................. No requirement for a startup, shutdown and malfunction plan. 17. § 63.6( f)( 1) ............................... Applicability of standards except during startup shutdown malfunction ( SSM). Yes.

18. § 63.6( f)( 2) ............................... Methods for determining compliance Yes.

19. § 63.6( f)( 3) ............................... Finding of compliance .................. Yes. 20. § 63.6( g)( 1)   ( 3) ........................ Use of alternate standard ............. Yes. 21. § 63.6( h) ................................... Opacity and visible emission standards. No ................................................. Subpart ZZZZ, 40 CFR part 63, does not contain opacity or visible emission standards. 22. § 63.6( i) .................................... Compliance extension procedures and criteria. Yes.

23. § 63.6( j) .................................... Presidential compliance exemption Yes.

24. § 63.7( a)( 1)   ( 2) ........................ Performance test dates ................ Yes. 25. § 63.7( a)( 3) .............................. Section 114 authority .................... Yes. 26. § 63.7( b)( 1) .............................. Notification of performance test ... Yes. 27. § 63.7( b)( 2) .............................. Notification of rescheduling .......... Yes. 28. § 63.7( c) ................................... Quality assurance/ test plan .......... Yes. 29. § 63.7( d) ................................... Testing facilities ............................ Yes. 30. § 63.7( e)( 1) .............................. Conditions for conducting performance tests. Yes ................................................ Except that testing is required under lowest load conditions for some regulatory alternatives. 31. § 63.7( e)( 2) .............................. Conditions for conducting performance tests. Yes.

32. § 63.7( e)( 3) .............................. Test run duration .......................... Yes. 33. § 63.7( e)( 4) .............................. Administrator may require other testing under section 114 of the CAA. Yes.

34. § 63.7( f) .................................... Alternative test method provisions Yes. 35. § 63.7( g) ................................... Performance test data analysis, recordkeeping, and reporting. Yes.

36. § 63.7( h) ................................... Waiver of tests .............................. Yes. 37. § 63.8( a)( 1) .............................. Applicability of monitoring requirements Yes ................................................ Subpart ZZZZ, 40 CFR part 63, contains specific requirements for monitoring at § 63.6625. 38. § 63.8( a)( 2) .............................. Performance specifications .......... Yes. 39. § 63.8( a)( 3) .............................. [ Reserved]. 40. § 63.8( a)( 4) .............................. Monitoring with flares ................... No. 41. § 63.8( b)( 1) .............................. Monitoring ..................................... Yes. 42. § 63.8( b)( 2)   ( 3) ........................ Multiple effluents and multiple monitoring systems. Yes.

43. § 63.8( c)( 1) ............................... Monitoring system operation and maintenance. Yes.

44. § 63.8( c)( 1)( i) ........................... Routine and predictable SSM ...... Yes.

VerDate 0ct< 31> 2002 16: 32 Dec 18, 2002 Jkt 200001 PO 00000 Frm 00044 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 19DEP2. SGM 19DEP2 77873 Federal Register / Vol. 67, No. 244 / Thursday, December 19, 2002 / Proposed Rules TABLE 8 TO SUBPART ZZZZ OF PART 63 APPLICABILITY OF GENERAL PROVISIONS TO SUBPART ZZZZ   Continued [ As stated in § 63.6665, you must comply with the following applicable general provisions:]

General provisions citation Subject of citation Applies to Subpart Explanation 45. § 63.8( c)( 1)( ii) ........................... SSM not in Startup Shutdown Malfunction Plan. Yes.

46. § 63.8( c)( 1)( iii) .......................... Compliance with operation and maintenance requirements. Yes.

47. § 63.8( c)( 2)   ( 3) ........................ Monitoring system installation ...... Yes. 48. § 63.8( c)( 4) ............................... Continuous monitoring system ( CMS) requirements. Yes ................................................ Except that Subpart ZZZZ, 40 CFR part 63, does not require Continuous Opacity Monitoring System ( COMS). 49. § 63.8( c)( 5) ............................... COMS minimum procedures ........ No ................................................. Subpart ZZZZ, 40 CFR part 63, does not require COMS. 50. § 63.8( c)( 6)   ( 8) ........................ CMS requirements ........................ Yes ................................................ Except that Subpart ZZZZ, 40 CFR part 63, does not require COMS. 51. § 63.8( d) ................................... CMS quality control ...................... Yes. 52. § 63.8( e) ................................... CMS performance evaluation ....... Yes ................................................ Except for § 63.8( e)( 5)( ii), which applies to COMS. 53. § 63.8( f)( 1)   ( 5) ......................... Alternative monitoring method ...... Yes. 54. § 63.8( f)( 6) ............................... Alternative to relative accuracy test. Yes.

55. § 63.8( g) ................................... Data reduction .............................. Yes ................................................ Except that provisions for COMS are not applicable. Averaging periods for demonstrating compliance are specified at § § 63.6635 and 63.6640. 56. § 63.9( a) ................................... Applicability and State delegation of notification requirements. Yes.

57. § 63.9( b)( 1)   ( 5) ........................ Initial notifications ......................... Yes. 58. § 63.9( c) ................................... Request for compliance extension Yes. 59. § 63.9( d) ................................... Notification of special compliance requirements for new sources. Yes.

60. § 63.9( e) ................................... Notification of performance test ... Yes. 61. § 63.9( f) .................................... Notification of visible emission ( VE)/ opacity test. No.

62. § 63.9( g)( 1) .............................. Notification of performance evaluation Yes.

63. § 63.9( g)( 2) .............................. Notification of use of COMS data No ................................................. Subpart ZZZZ, 40 CFR part 63, does not contain opacity or VE standards. 64. § 63.9( g)( 3) .............................. Notification that criterion for alternative to RATA is exceeded. Yes ................................................ If alternative is in use.

65. § 63.9( h)( 1)   ( 6) ........................ Notification of compliance status .. Yes ................................................ Except that notifications for sources using a CEMS are due 30 days after completion of performance evaluations. 66. § 63.9( i) .................................... Adjustment of submittal deadlines Yes. 67. § 63.9( j) .................................... Change in previous information ... Yes. 68. § 63.10( a) ................................. Administrative provisions for record keeping/ reporting. Yes.

69. § 63.10( b)( 1) ............................ Record retention ........................... Yes. 70. § 63.10( b)( 2)( i)   ( v) ................... Records related to SSM ............... Yes. 71. § 63.10( b)( 2)( vi)   ( xi) ................ Records ........................................ Yes. 72. § 63.10( b)( 2)( xii) ....................... Record when under waiver .......... Yes. 73. § 63.10( b)( 2)( xiii) ...................... Records when using alternative to RATA. Yes ................................................ For CO standard if using RATA alternative. 74. § 63.10( b)( 2)( xiv) ...................... Records of supporting documentation Yes.

75. § 63.10( b)( 3) ............................ Records of applicability determination Yes.

76. § 63.10( c) ................................. Additional records for sources using CEMS. Yes.

77. § 63.10( d)( 1) ............................ General reporting requirements ... Yes. 78. § 63.10( d)( 2) ............................ Report of performance test results Yes. 79. § 63.10( d)( 3) ............................ Reporting opacity or VE observations No ................................................. Subpart ZZZZ, 40 CFR part 63, does not contain opacity or VE standards. 80. § 63.10( d)( 4) ............................ Progress reports ........................... Yes. 81. § 63.10( d)( 5) ............................ Startup, shutdown, and malfunction reports. Yes.

82. § 63.10( e)( 1) and ( 2)( i) ............. Additional CMS reports ................ Yes.

VerDate 0ct< 31> 2002 17: 13 Dec 18, 2002 Jkt 200001 PO 00000 Frm 00045 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 19DEP2. SGM 19DEP2 77874 Federal Register / Vol. 67, No. 244 / Thursday, December 19, 2002 / Proposed Rules TABLE 8 TO SUBPART ZZZZ OF PART 63 APPLICABILITY OF GENERAL PROVISIONS TO SUBPART ZZZZ   Continued [ As stated in § 63.6665, you must comply with the following applicable general provisions:]

General provisions citation Subject of citation Applies to Subpart Explanation 83. § 63.10( e)( 2)( ii) ........................ COMS related report .................... No ................................................. Subpart ZZZZ, 40 CFR part 63, does not require COMS. 84. § 63.10( e)( 3) ............................ Excess emission and parameter exceedances reports. Yes.

85. § 63.10( e)( 4) ............................ Reporting COMS data .................. No ................................................. Subpart ZZZZ, 40 CFR part 63, does not require COMS. 86. § 63.10( f) .................................. Waiver for recordkeeping/ reporting Yes.

87. § 63.11 ..................................... Flares ............................................ No. 88. § 63.12 ..................................... State authority and delegations .... Yes. 89. § 63.13 ..................................... Addresses ..................................... Yes. 90. § 63.14 ..................................... Incorporation by reference ........... Yes. 91. § 63.15 ..................................... Availability of information .............. Yes.

[ FR Doc. 02   31232 Filed 12   18   02; 8: 45 am]

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Section 1: Part A of the Supporting Statement
A.1 Identification of the Information Collection
A.1.a Title of the Information Collection Request
The title of this information collection request (ICR) is Revision to the Information Collection Request for the 2020 Drinking Water Infrastructure Needs Survey and Assessment (DWINSA). The Office of Management and Budget (OMB) control number for this ICR is 2616.02; EPA ICR Number 2040-NEW.
A.1.b Short Characterization
The purpose of this information collection revision is to better identify the presence of lead service lines (LSLs) in states across the country. EPA's Office of Ground Water and Drinking Water already collected data to comply with sections 1452(h) and 1452(i)(4) of the Safe Drinking Water Act (42 U.S.C. 300j-12) and the America's Water Infrastructure Act (AWIA) of 2018. This revised data collection effort will only include updates to the LSL counts of the 2020 State DWINSA. For the LSL count update, EPA will collect and evaluate the number of LSLs for water systems that are in all 50 states, the U.S. territories (Guam, U.S. Virgin Islands, Northern Mariana Islands, and American Samoa), Puerto Rico, and the District of Columbia. EPA will use an abbreviated version of the original DWINSA 2020 LSL questionnaire to collect LSL counts from previously surveyed water systems. Participation in the one-time update is voluntary. Service line information is rapidly developing as states and water systems develop inventories required under the Lead and Copper Rule Revisions. This one-time update of the LSL questionnaire will allow water systems and states that provided incomplete submissions to the original LSL questionnaire or are still working on their LSL inventories to provide additional information to the data collected in 2021, resulting in a BIL lead service line replacement (LSLR) allotment that reflects a more current understanding of the states' needs. As mandated by section 1452(a)(1)(D)(ii) of the Safe Drinking Water Act, EPA intends for the update to impact the LSLR allotments starting in FY2024 (i.e., 3rd year of BIL funding). In order to complete data collection within this timeframe, the service line count update must be conducted as an emergency revision to the original ICR.
A.2 Need for and Use of the Collection
A.2.a Authority and Need for the Collection
EPA is conducting this revision to the 2020 DWINSA pursuant to its authority described in this section (Part A, Section 2.a) of the supporting statement of the original 2020 DWINSA ICR. Data from the 2020 DWINSA collection request were used to calculate allotments of the Drinking Water State Revolving Fund (DWSRF) Bipartisan Infrastructure Law (BIL) Lead Service Line Replacement funding to states.
This one-time LSL count update is required because states expressed interest in a one-time update of the LSL questionnaire to reflect that service line information is rapidly changing as states and water systems develop inventories required under the Lead and Copper Rule Revisions. To accommodate the states' request, this one-time DWINSA LSL count update will allow water systems and states that provided incomplete submissions to the original LSL questionnaire or are still working on their LSL inventories to provide additional information to the data provided in 2021. This will result in a BIL LSLR allotment that reflects a more current understanding of the states' needs.
A.2.b Use and Users of the Information
The results of the one-time LSL count update for the DWINSA will be used as a basis for allocation of the DWSRF BIL LSLR funding among states starting with FY2024. EPA will also use data collected to update estimated state and national LSL counts.
Respondents will provide updated information on the material (i.e., lead, galvanized, non-lead) of service lines and connectors, to the best of their knowledge. EPA will use this information to model the updated distribution of LSLs throughout the country.
A.3 Non-duplication, Consultations, and Other Collection Criteria
The following sections verify that this information collection satisfies the OMB's non-duplication and consultation guidelines and does not duplicate another collection.
A.3.a Non-duplication
To the best of EPA's knowledge, up-to-date state-by-state water system data on water systems' LSL counts are not available from any other single source. This revised DWINSA data collection effort will provide more accurate and current LSL information than previous ICRs, and therefore, it will not be duplicative.
A.3.b Public Notice Required Prior to ICR Submission to OMB
EPA is requesting an emergency approval of this ICR because EPA intends for the update to affect the BIL LSLR allotments starting in FY2024 (i.e., 3rd year of BIL funding). To achieve this timeline, questionnaires will need to be sent to states in August 2023, with data collection occurring from September to November 2023. This would allow the final release of the FY2024 BIL LSLR allotments in early 2024.
A.3.c Consultations
EPA has engaged states for input on details of the process for the one-time LSL count update through workgroups and water sector association meetings. In April 2023, EPA conducted a preliminary discussion with states at the SRF State/EPA Workgroup meeting. In May 2023, EPA held a meeting of the DWINSA workgroup and a call with Association of State Drinking Water Administrators (ASDWA) and Council of Infrastructure Financing Authorities (CIFA), where participants discussed EPA's methodology for projecting LSL counts, the proposed plan for the one-time LSL count update, the LSL inventory guidance, and the different methods for collecting data.
This one-time LSL count update to 2020 DWINSA is a request from the states, many of whom felt the quality of data for LSL counts has improved since the 2020 DWINSA data collection timeframe.
A.3.d Effects of Less Frequent Collection
EPA originally intended the 2020 DWINSA to be a single collection. However, some data for LSL counts was incomplete at the time of data submission for some states. This potentially affected the amount of funding the states received through the BIL LSLR allotments. By allowing this one-time update to the 2020 DWINSA to collect more data on LSL occurrence, the BIL LSLR allotment will reflects a more current understanding of the states' needs
A.3.e General Guidelines
The one-time LSL count update for the 2020 DWINSA does not violate any guidelines for information collection activities specified by OMB. See this section (Part A, Section 3.e) of the original 2020 DWINSA ICR for more details.
A.3.f Confidentiality Questions
This information collection does not require the respondent to disclose any confidential information. Respondents are not obliged to respond to this strictly voluntary information collection. Further, respondents could eliminate any confidential business information from their reply.
A.3.g Sensitive Questions
The LSL revision to the 2020 DWINSA does not ask sensitive questions.
A.4 Respondents and Information Requested
A.4.a Respondents/NAICS Codes
The respondents of this ICR revision are the same as the surveyed water systems for the LSL questionnaire of the original ICR. See this section (Part A, Section 4.a) of the supporting statement for the ICR for the original 2020 DWINSA for more information.
A.4.b Information Requested
EPA will collect updated information on LSL counts from water systems. The previously provided information for the LSL questionnaire for the 2020 DWINSA will be given back to states and water systems, and they will be asked to update the information if they have new/additional LSL count data. Ownership information and costs will not be collected for this update.
Unlike the original 2020 DWINSA information collection, updated LSL counts for tribal water systems will not be collected during this one-time update. This is because the Drinking Water Infrastructure Grant Tribal Set Aside is mandated by statute and Tribal allotments are not determined by DWINSA data as is mandated for state allotments. The data items for the LSL questionnaire and the respondent activities will be the same as those outlined in the original ICR. See this section (Part A, Section 4.b) of the supporting statement for the ICR for the original 2020 DWINSA for more information.
A.5 Agency Activities, Methods, and Information Management
A.5.a Agency Activities
Since this is a revision to the 2020 DWINSA, many of the Agency activities have already been completed or are identical to earlier activities. For details on activities already completed, see the corresponding section of the original 2020 DWINSA ICR (Part A, Section A.5.a). The following text only describes the additional work being done specific to this ICR revision.
Many of EPA activities described here will be conducted by contractors with EPA's oversight/technical direction. For example, EPA will oversee contractor acceptance of survey submissions and subsequent data analysis. For purposes of describing Agency activities related to the LSL count update of the 2020 DWINSA, contractor effort is not distinguished from the EPA effort. Separate estimates for contractor burden and cost are provided in Section A.6.f.
Up-Front Activities
Many up-front activities from the original ICR (e.g., training, selecting respondents, etc.) will not need to be conducted, as the work previously done still applies. The following pre-assessment activities for the LSL one-time update will be conducted:
 Revise the data collection instrument. EPA is streamlining the LSL questionnaire to clarify instructions, remove the ownership questions and remove the request for cost data.
 Send data collection instruments. This will include sending the LSL questionnaire packages via e-mail to the states and water systems. The LSL questionnaire packages will include the prepopulated LSL data for each water system selected in the 2020 DWINSA, instructions, and a cover letter from EPA.
Data Collection Activities
EPA will conduct the same activities during the data collection phase of the one-time LSL count update for the 2020 DWINSA as were done during the original 2020 DWINSA. Details can be found in the corresponding section of the 2020 DWINSA ICR (Part A, Section 5.a).
A.5.b Collection Methodology and Management
EPA will conduct the same collection methodology and management during the data collection phase of the one-time LSL count update for the 2020 DWINSA as were done during the original 2020 DWINSA. Details can be found in the corresponding section of the 2020 DWINSA ICR (Part A, Section 5.b).
A.5.c Small Entity Flexibility
In designing the one-time LSL count update for the 2020 DWINSA methodology, EPA has taken the same approach as in the original 2020 DWINSA and recognizes small systems limited technical capabilities and financial resources. For more information, see this section of the original 2020 DWINSA ICR (Part A, Section 5.c).
A.5.d Collection Schedule
The current schedule assumes EPA would receive OMB approval for data collection by July 2023. The schedule will be adjusted based on the final approval date. EPA will send data collection instruments to states as soon as possible after OMB approval. All systems serving more than 3,300 persons participating in the one-time LSL count update for the 2020 State DWINSA will be asked to complete and return the LSL questionnaire to their state between September and November 2023. Exhibit A-5-1 summarizes the major collection milestones.
                       Exhibit A-5-1 Collection Schedule
                                     Task
                                     Date
EPA Engages States for Input on Process
                              April  -  May 2023
Information Collection Request and Federal Register Notice Published (No Comment Period)
                                   July 2023
Electronic Delivery of Data Collection Instruments to States
                                  August 2023
Systems Update Data with States
                          September  -  November 2023
States QA/QC Data and Submit to EPA
                                 November 2023
EPA Analyzes and QA/QCs Data
                           December  -  January 2023
EPA Runs Allotment Formula
                                 February 2023
EPA Pre-briefs White House
                                  March 2024
Report to Congress and EPA Releases Final FY2024 BIL LSLR Funding Allotments
                                  April 2024

A.6 Estimating the Burden and Cost
A.6.a Medium and Large Water System Respondent Burden (System)
There were 2,181 medium community water systems (CWSs), 708 large systems and 35 non-profit non-community water systems (NPNCWs) serving 10,000 or more people in the 2020 DWINSA surveyed sample. Across these water system categories there is no substantive difference in the process or data collection instrument being used for the one-time LSL count update and it is assumed that burden will be the same across these categories. The system burden for activities associated with the one-time LSL count update is summarized in Exhibit A-6-1.
Burden for system respondents in these categories includes:
 Read cover letter email. EPA anticipates water systems that participated in the 2020 DWINSA will need approximately 10 minutes (0.17 hours) to read the cover letter for the update. It is assumed this will be split evenly between management and technical staff (5 minutes each, 0.085 hours).
 Call for technical assistance. Some water systems will call states for technical assistance. In developing the burden estimate for this activity, EPA assumes that the number of requests for assistance will equal 50 percent of the number of water systems. EPA also assumes that each call will be placed by technical staff. EPA assumes that each technical assistance call will average 10 minutes (0.17 hours), for 0.085 hours per system in the sample.
 Complete and submit data collection instrument to state. For this update, EPA assumes 50% of the water systems will have no change to their data and require 5 minutes each (0.085 hours) and 50% will update their data and are expected to take up to 15 minutes from technical staff (0.25 hours) for an average of 10 minutes (0.17 hours) per response.
 Respond to call back from state about status. For this burden estimate, EPA assumes each water system will spend 5 minutes (0.08 hours) responding to the state call(s) to request a status update on completing the data collection instrument. It is assumed this call will be handled by management.
Exhibit A-6-1 Estimated Average Unit Burden Hours for Water Systems Serving More Than 3,300 Persons
                                   Activity

                                  Management
                                   Technical
                                                                          Total
Read intro email/data collection instructions
                                                                          0.085
                                                                          0.085
                                                                           0.17
Call for technical assistance

                                                                          0.085
                                                                           0.09
Complete data collection instrument

                                                                           0.17
                                                                           0.17
Respond to call back from state
                                                                         0.08

                                                                           0.08
TOTAL
                                                                           0.17
                                                                           0.34
                                                                           0.51

A.6.b Medium and Large Water System Respondent Burden (State)
This section estimates the state burden for helping EPA conduct the one-time LSL count update. The state burden for activities associated with the CWSs serving more than 3,300 persons and NPNCWSs serving 10,000 or more persons is summarized in Exhibit A-6-2.
Burden for states in these categories includes:
 E-mail survey package to systems. Each state will send the survey packet (provided by EPA) to water systems via e-mail. EPA estimates that states will spend a total of 0.05 hours/water system compiling these emails.
 Provide technical assistance. In developing a burden estimate for this analysis, EPA assumes that the number of requests for technical assistance will equal 50 percent of the number of water systems. EPA estimates that all questions from these water systems will be readily answerable, requiring only 10 minutes (0.17 hours) per system to answer, or 5 minutes (0.085) when averaged across all surveyed water systems.
 Call back water systems that do not provide information for the data collection instrument by a certain date. EPA assumes that the number of these "reminder" calls will equal 100 percent of the water systems. This assumes that most (but not all) will need at least one reminder call and a few will need two or three. The average time for these calls is 5 minutes (0.085 hours) per system.
 Review completed data collection instrument and submit to EPA. The data collection instrument will be returned directly to the state for review. EPA estimates that, on average, states will take 15 minutes (0.25 hours) to review each submission and submit to EPA.
Exhibit A-6-2 State Unit Burden for Water Systems Serving More Than 3,300 Persons
                                   Activity
                      Estimated Burden (hours per system)
E-mail surveys to water systems
                                                                           0.05
Provide technical assistance
                                                                          0.085
Call back water systems that do not return the data collection instrument by a certain date
                                                                          0.085
Review completed assessment forms and documentation
                                                                           0.25
TOTAL
                                                                          0.47

A.6.c Small Water System Respondent Burden (System)
Exhibit A-6-3 shows the unit burden for small water systems. EPA will conduct data collection for the 606 small CWSs serving 3,300 and fewer persons and 99 NPNCWs serving fewer than 10,000 persons. It is assumed that since these water systems generally have fewer service lines that the burden will be slightly less than for medium and large water systems. EPA will email the surveys to the small water systems.
 Read cover letter email. EPA anticipates water systems that participated in the 2020 DWINSA will need approximately 10 minutes (0.17 hours) to read the cover letter for the update. It is assumed this will be performed by technical staff.
 Call for technical assistance. EPA assumes that the number of requests for technical assistance from small water systems will equal 50 percent of the number of water systems. EPA estimates that all questions from these water systems will be readily answerable, requiring only 10 minutes (0.17 hours) per system to answer, or 5 minutes (0.085) when averaged across all surveyed water systems.
 Complete and submit data collection instrument to EPA. For this update, EPA assumes 50% of the water systems will have no change to their data and require 5 minutes each (0.085 hours) and 50% will update their data and are expected to take up to 10 minutes from technical staff (0.17 hours) for an average of 7.5 minutes (0.125 hours) per response.

Exhibit A-6-3 Estimated Average Unit Burden Hours for CWSs Serving Less Than 3,300 Persons and NPNCWs Serving <10,000 Persons
                                   Activity

                                  Management
                                   Technical
                                                                          Total
Read cover letter/data collection instructions

                                                                           0.17
                                                                           0.17
Call for technical assistance

                                                                          0.085
                                                                           0.09
Complete data collection instrument

                                                                          0.125
                                                                           0.13
TOTAL

                                                                           0.38

A.6.d Small Water System Respondent Burden (State)
EPA will facilitate completion of small water system LSL questionnaire updates. There is no state burden incurred for data collection from these systems.

A.6.e Bottom Line Estimates
Exhibits A-6-4 and A-6-5 summarize the bottom-line burden hours and costs for CWSs, NPNCWSs and states for this collection. The total respondent burden is 3,118.80 hours at a cost of $194,265.30 in 2019$.

Exhibit A-6-4 Bottom Line Respondent Medium and Large Water System Burden (2019$)
                                Respondent Type
                               Number of Systems
                                 Burden Hours
                                  Total Cost
Medium and large water systems
                                     2,924
                                                                       1,476.62
                                                                     $95,925.48
States

                                                                       1,374.28
                                                                     $82,003.29
TOTAL

                                                                       2,850.90
                                                                    $177,928.76

Exhibit A-6-5 Bottom Line Respondent Small CWS and NPNCWS serving <10,000 (2019$)
                                Respondent Type
                               Number of Systems
                                 Burden Hours
                                  Total Cost
Small and NPNCWS water systems serving <10,000
                                      705
                                                                         267.90
                                                                     $16,336.54
States

                                                                              0
                                                                              0
TOTAL

                                                                         267.90
                                                                     $16,336,64

A.6.f Agency Burden
EPA made the following assumptions in developing its estimate of Agency and contractor burden and cost:
EPA Headquarters
 Over the 6-month project period, EPA Headquarters will expend a total of 0.5 FTEs. Assuming 2,080 hours per year, this equates to 1,040 hours.
 The average salary and benefits (i.e., personnel compensation and benefits [PC&B]) of the FTEs is at the GS 13, Step 5 level of $179,829. Assuming 2,080 hours per year, this equates to $86.46 per hour.
EPA Contractor(s)
 Over the 6-month project period, EPA contractor(s) will expend a total of 3,629 hours of direct labor.
 The EPA contractor(s) will provide this professional labor at a total hourly rate, including all applicable indirect costs, of $93.84.

Section 2: Part B of the Supporting Statement

This emergency ICR is a revision of the previous DWINSA ICR. For this one-time update, the lead service line (LSL) questionnaire will be re-sent to the entire population of previously selected respondents who were offered the LSL questionnaire as part of the 2020 DWINSA. The statistical description of how those survey respondents were selected, and the overall approach of the 2020 DWINSA, is described in Part B of the previous DWINSA ICR [EPA-HQ-OW-2020-0017-0008]. To reduce burden, the LSL questionnaire will be pre-populated with the responses previously provided by recipients as part of the initial data collection; only those recipients who anticipate changes will need to update the questionnaire and return it to their state and EPA.


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110
Federal Register/Vol. 74, No. 1 /Friday, January 2, 2009 /Notices
V. Comments
Interested persons may submit to the
Division of Dockets Management (see
ADDRESSES
) written or electronic
comments regarding this document.
Submit a single copy of electronic
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Please note that on January 15, 2008,
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comments or submissions will be
accepted by FDA only through FDMS at
http://www.regulations.gov.
Dated: December 16, 2008.
Daniel G. Schultz,
Director, Center for Devices and Radiological
Health.
[FR Doc. E8–31214 Filed 12–31–08; 8:45 am]
BILLING CODE 4160–01–S
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2008–N–0038]
Blood Products Advisory Committee;
Notice of Meeting; Amendment
AGENCY:
Food and Drug Administration,
HHS
ACTION:
Notice.
The Food and Drug Administration
(FDA) is announcing an amendment to
the notice of the Blood Products
Advisory Committee. This meeting was
announced in the Federal Register of
December 9, 2008 (73 FR 74725). The
amendment is being made to reflect a
change in the Agenda portion of the
document.
FOR FURTHER INFORMATION CONTACT:
Contact Person: William Freas or
Pearline K. Muckelvene, Center for
Biologics Evaluation and Research
(HFM–71), Food and Drug
Administration, 1401 Rockville Pike,
Rockville, MD 20852, 301–827–0314, or
FDA Advisory Committee Information
Line, 1–800–741–8138 (301–443–0572
in the Washington, DC area), code
3014519516. Please call the Information
Line for up-to-date information on this
meeting. A notice in the Federal
Register about last minute modifications
that impact a previously announced
advisory committee meeting cannot
always be published quickly enough to
provide timely notice. Therefore, you
should always check the agency’s Web
site and call the appropriate advisory
committee hot line/phone line to learn
about possible modifications before
coming to the meeting.
SUPPLEMENTARY INFORMATION:
In the
Federal Register of December 9, 2008,
FDA announced that a meeting of the
Blood Products Advisory Committee
would be held on January 9, 2009. On
page 74725, in the first column, in the
13th line of the Agenda portion of the
document, after the phrase ‘‘Acid
Constructs’’ the following has been
added:
‘‘Included in the update will be an
overview of the Center of Veterinary
Medicine’s review of the new animal
drug application pertaining to the
genetically engineered animals
producing milk that contains
recombinant Antithrombin III and of the
environmental assessment for that
application.’’
This notice is issued under the
Federal Advisory Committee Act (5
U.S.C. app. 2) and 21 CFR part 14,
relating to the advisory committees.
Dated: December 24, 2008.
Randall W. Lutter,
Deputy Commissioner for Policy.
[FR Doc. E8–31187 Filed 12–29–08; 11:15
am]
BILLING CODE 4160–01–S
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2008–N–0038]
Cardiovascular and Renal Drugs
Advisory Committee; Notice of Meeting
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice.
This notice announces a forthcoming
meeting of a public advisory committee
of the Food and Drug Administration
(FDA). The meeting will be open to the
public.
Name of Committee: Cardiovascular
and Renal Drugs Advisory Committee.
General Function of the Committee:
To provide advice and
recommendations to the agency on
FDA’s regulatory issues.
Date and Time: The meeting will be
held on February 3, 2009, from 8 a.m.
to 5 p.m.
Location: Hilton Washington DC/
Silver Spring, Maryland Ballroom, 8727
Colesville Rd., Silver Spring, MD. The
hotel phone number is 301–589–5200.
Contact Person: Elaine Ferguson,
Center for Drug Evaluation and Research
(HFD–21), Food and Drug
Administration, 5600 Fishers Lane, (for
express delivery, 5630 Fishers Lane, rm.
1093), Rockville, MD 20857, 301–827–
7001, FAX: 301–827–6776, email:
<FONT STYLE="font-size<EMAIL_ADDRESS>or FDA
Advisory Committee Information Line,
1–800–741–8138 (301–443–0572 in the
Washington, DC area), code
3014512533. Please call the Information
Line for up-to-date information on this
meeting. A notice in the Federal
Register about last minute modifications
that impact a previously announced
advisory committee meeting cannot
always be published quickly enough to
provide timely notice. Therefore, you
should always check the agency’s Web
site and call the appropriate advisory
committee hot line/phone line to learn
about possible modifications before
coming to the meeting.
Agenda: The committee will discuss
new drug application (NDA) 22–307,
prasugrel hydrochloride film coated oral
tablets, 5 milligrams (mg) and 10 mg, Eli
Lilly and Company, for the proposed
indication for use in acute coronary
syndrome.
FDA intends to make background
material available to the public no later
than 2 business days before the meeting.
If FDA is unable to post the background
material on its Web site prior to the
meeting, the background material will
be made publicly available at the
location of the advisory committee
meeting, and the background material
will be posted on FDA’s Web site after
the meeting. Background material is
available at http://www.fda.gov/ohrms/
dockets/ac/acmenu.htm, click on the
year 2008 and scroll down to the
appropriate advisory committee link.
Procedure: Interested persons may
present data, information, or views,
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present, the names and addresses of
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indication of the approximate time
requested to make their presentation on
or before January 9, 2009. Time allotted
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