[Federal Register Volume 85, Number 233 (Thursday, December 3, 2020)]
[Proposed Rules]
[Pages 78050-78058]
[FR Doc No: 2020-26648]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2020-0534; FRL-10016-98-Region 9]

Approval and Promulgation of Air Quality State Implementation
Plans; California; Plumas County; Moderate Area Plan for the 2012 PM2.5
NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve through parallel processing a state implementation plan (SIP)
revision submitted by the State of California to address Clean Air Act
(CAA or ``Act'') requirements for the 2012 annual fine particulate
matter (PM2.5) national ambient air quality standard (NAAQS
or ``standard'') in the Plumas County Moderate PM2.5
nonattainment area (``Portola nonattainment area''). The submitted SIP
revision is the State's ``Proposed Portola PM2.5 Plan
Contingency Measure SIP Submittal'' (``Proposed PM2.5 Plan
Revision''), which includes a revised City of Portola ordinance
regulating PM2.5 emission sources and the State's
demonstration that this submission meets the Moderate area contingency
measure requirement for the 2012 annual PM2.5 NAAQS in the
Portola nonattainment area. The EPA is also proposing to approve the
contingency measure element of the Moderate area attainment plan for
the Portola nonattainment area, as revised and supplemented by the
Proposed PM2.5 Plan Revision. Because the EPA is proceeding
by parallel processing, the agency is proposing, in the alternative, to
disapprove the contingency measure element of the Moderate area
attainment

plan if the State does not submit the final, adopted PM2.5
Plan Revision in substantially the same form before we take final
action.

DATES: Any comments on this proposal must be received by January 4,
2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2020-0534 at https://www.regulations.gov, or via email to
<EMAIL_ADDRESS>For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (e.g., audio or video) 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, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section for
additional availability information. If you need assistance in a
language other than English or if you are a person with disabilities
who needs a reasonable accommodation at no cost to you, please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: John Ungvarsky, Air Planning Office
(AIR-2), EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105,
(415) 972-3963 or [email protected]

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' or
``our'' refer to the EPA.

Table of Contents

I. Background
II. Summary of the Proposed PM2.5 Plan Revision
III. Clean Air Act Requirements for PM2.5 Contingency
Measures and Other Control Measures
IV. Completeness Review of the Proposed PM2.5 Plan
Revision
V. Review of the Proposed PM2.5 Plan Revision
VI. Proposed Actions and Request for Public Comment
VII. Incorporation by Reference
VIII. Statutory and Executive Order Reviews

I. Background

    On January 15, 2013, the EPA strengthened the primary annual NAAQS
for particulate matter with a diameter of 2.5 microns or less by
lowering the level from 15.0 micrograms per cubic meter ([micro]g/m\3\)
to 12.0 [micro]g/m\3\ (``2012 PM2.5 NAAQS'').\1\ The EPA
established this standard after considering substantial evidence from
numerous health studies demonstrating that serious health effects are
associated with exposures to PM2.5 concentrations above
these levels.
---------------------------------------------------------------------------

    \1\ 78 FR 3086 and 40 CFR 50.18. Unless otherwise noted, all
references to the PM2.5 NAAQS in this document are to the
2012 annual NAAQS of 12.0 [micro]g/m\3\ codified at 40 CFR 50.18.
---------------------------------------------------------------------------

    Epidemiological studies have shown statistically significant
correlations between elevated PM2.5 levels and premature
mortality. Other important health effects associated with
PM2.5 exposure include aggravation of respiratory and
cardiovascular disease (as indicated by increased hospital admissions,
emergency room visits, absences from school or work, and restricted
activity days), changes in lung function, and increased respiratory
symptoms. Individuals particularly sensitive to PM2.5
exposure include older adults, people with heart and lung disease, and
children.\2\ PM2.5 can be emitted directly into the
atmosphere as a solid or liquid particle (``primary PM2.5''
or ``direct PM2.5'') or can be formed in the atmosphere
(``secondary PM2.5'') as a result of various chemical
reactions among precursor pollutants such as nitrogen oxides, sulfur
oxides, volatile organic compounds, and ammonia.\3\
---------------------------------------------------------------------------

    \2\ Id.
    \3\ EPA, Air Quality Criteria for Particulate Matter, No. EPA/
600/P-99/002aF and EPA/600/P-99/002bF, October 2004.
---------------------------------------------------------------------------

    Following promulgation of a new or revised NAAQS, the EPA is
required by CAA section 107(d) to designate areas throughout the nation
as attaining or not attaining the NAAQS. The EPA designated and
classified the Portola nonattainment area as ``Moderate'' nonattainment
for the 2012 annual PM2.5 standards based on ambient
monitoring data that showed the area was above 12.0 [micro]g/m\3\ for
the 2011-2013 monitoring period.\4\ For the 2011-2013 period, the
annual PM2.5 design value for the Portola area was 12.8
[micro]g/m\3\ based on monitored readings at the 161 Nevada Street and
420 Gulling Street monitors.\5\
---------------------------------------------------------------------------

    \4\ 80 FR 2206 (January 15, 2015).
    \5\ From 2000 through early 2013, the Portola PM2.5
monitoring site was located at 161 Nevada Street. In 2013, the site
was relocated to 420 Gulling Street.
---------------------------------------------------------------------------

    The Portola PM2.5 nonattainment area includes the City
of Portola (``Portola''), which has a population of approximately 2,100
and is located at an elevation of 4,890 feet in an intermountain basin
isolated by rugged mountains. For a precise description of the
geographic boundaries of the Portola PM2.5 nonattainment
area, see 40 CFR 81.305.
    Portola averages 20 inches of precipitation annually. From October
through March the Portola nonattainment area has very cold temperatures
with an average daily low temperature of approximately 22 degrees
Fahrenheit. The combination of mountainous terrain, cold temperatures,
and elevation can cause atmospheric inversions and impair
PM2.5 dispersion, especially during the winter.
    The local air district with primary responsibility for developing a
plan to attain the 2012 annual PM2.5 NAAQS in this area is
the Northern Sierra Air Quality Management District (NSAQMD or
``District''). The District worked cooperatively with the California
Air Resources Board (CARB) in preparing the Proposed PM2.5
Plan Revision. Under state law, authority for regulating sources under
state jurisdiction in the Portola nonattainment area is split between
the District, which has responsibility for regulating stationary and
most area sources, and CARB, which has responsibility for regulating
most mobile sources.
    On February 28, 2017, California submitted the ``Portola Fine
Particulate Matter (PM2.5) Attainment Plan'' (``Portola
PM2.5 Plan'' or ``Plan'') to address the CAA's Moderate area
requirements for the 2012 annual PM2.5 NAAQS in the Portola
nonattainment area. On March 25, 2019, the EPA approved all of the
Portola PM2.5 Plan, except for the contingency measure
element.\6\ The components of the Portola PM2.5 Plan that
the EPA approved include the modeled demonstration that the area will
attain the 2012 annual PM2.5 NAAQS by the applicable
attainment date, which is December 31, 2021; the State and District
control strategy for attaining the NAAQS by this date, including all
reasonably available control measures and control technologies (RACM/
RACT) and additional reasonable measures necessary for expeditious
attainment; the reasonable further progress (RFP) demonstration and
related quantitative milestones for the October 15, 2019 and October
15, 2022 quantitative milestone dates applicable to the area; and the

motor vehicle emissions budgets for 2019 and 2021.\7\
---------------------------------------------------------------------------

    \6\ 84 FR 11208.
    \7\ Id.
---------------------------------------------------------------------------

    As part of the attainment control strategy, the Portola
PM2.5 Plan relies on ``Ordinance No. 344: An Ordinance of
the City of Portola, County of Plumas Amending Chapter 15.10 of the
City of Portola Municipal Code Providing for Regulation of Wood Stoves
and Fireplaces'' (``City Ordinance No. 344'') to achieve direct
PM2.5 emission reductions necessary for attainment by the
December 31, 2021 attainment date. The EPA approved City Ordinance No.
344 into the SIP on March 5, 2018.\8\ The attainment control strategy
in the Portola PM2.5 Plan also relies on an enforceable
State commitment to implement an incentive grant program called the
``Greater Portola Woodstove Change-out Program 2016'' (``Wood Stove
Program'') during the 2016 to 2021 period to fund the replacement of
uncertified wood stoves with newer, EPA-certified devices and to
educate residents on proper ways to store and burn wood. The EPA
approved the Wood Stove Program into the SIP on April 2, 2018.\9\
---------------------------------------------------------------------------

    \8\ 83 FR 9213.
    \9\ 83 FR 13871.
---------------------------------------------------------------------------

    City Ordinance No. 344 and the District's Wood Stove Program
collectively establish most of the recommended program elements
outlined in the EPA's guidance document entitled ``Strategies for
Reducing Residential Wood Smoke,'' \10\ including a wood burning
curtailment program in section 15.10.060 of City Ordinance No. 344
(Mandatory Curtailment of Wood Burning Heaters, Wood Burning
Fireplaces, Wood-Fired Fire Pits and Wood-Fired Cookstoves During
Stagnant Conditions).\11\ The Portola PM2.5 Plan relies
primarily on the Wood Stove Program to achieve the PM2.5
emission reductions necessary for the Portola nonattainment area to
attain the 2012 annual PM2.5 NAAQS by December 31, 2021.\12\
---------------------------------------------------------------------------

    \10\ EPA, ``Strategies for Reducing Residential Wood Smoke,''
Publication No. EPA-456/B-13-001, revised March 2013.
    \11\ 83 FR 64774, 64782 (December 18, 2018) (proposed action on
Portola PM2.5 Plan) and EPA, Region IX, ``Technical
Support Document for the EPA's Rulemaking for the California State
Implementation Plan, Northern Sierra Air Quality Management
District, City of Portola Ordinance 344, Wood Stove and Fireplace
Ordinance,'' July 2017 (``Ordinance 344 TSD''), 6.
    \12\ 83 FR 64774, 64788 (December 18, 2018).
---------------------------------------------------------------------------

    The Portola PM2.5 Plan also contains a contingency
measure element in section VI.B that identifies the wood-burning
curtailment provision in section 15.10.060 of City Ordinance No. 344
and a District policy designed to incentivize certain types of wood
stove change-outs as contingency measures for the 2012 annual
PM2.5 NAAQS.\13\ The EPA did not act on this element of the
Portola PM2.5 Plan as part of its March 25, 2019 final
action.\14\
---------------------------------------------------------------------------

    \13\ Portola PM2.5 Plan, 72-74 (section VI.B,
``Contingency Measure'').
    \14\ 84 FR 11208.
---------------------------------------------------------------------------

    On May 22, 2019, the Center for Biological Diversity filed a
complaint in the United States District Court for the Northern District
of California alleging that the EPA had, among other things, failed to
take final action either approving or disapproving the contingency
measure element of the Portola PM2.5 Plan. On February 19,
2020, the court issued an order directing, inter alia, that the EPA
``sign a notice of final rulemaking to approve, disapprove,
conditionally approve, or approve in part and conditionally approve or
disapprove in part'' the contingency measure element of the Portola
PM2.5 Plan, under CAA sections 110(k)(2)-(4), no later than
March 1, 2021.\15\
---------------------------------------------------------------------------

    \15\ Center for Biological Diversity, et al. v. Andrew Wheeler,
Case No. 3:19-cv-02782-EMC, Order (N.D. Cal., February 19, 2020).
---------------------------------------------------------------------------

II. Summary of the Proposed PM2.5 Plan Revision

    On September 9, 2020, the City of Portola adopted ``Ordinance No.
359, An Ordinance of the City of Portola, County of Plumas Amending
Chapter 15.10 of the City of Portola Municipal Code Providing for
Regulation of Wood Stoves and Fireplaces and the Prohibition of the
Open Burning of Yard Waste'' (``City Ordinance No. 359''). City
Ordinance No. 359 amends City Ordinance No. 344, as codified in Chapter
15.10 of the Portola Municipal Code.\16\
---------------------------------------------------------------------------

    \16\ NSAQMD, Resolution 2020-09 (October 26, 2020).
---------------------------------------------------------------------------

    Specifically, section 15.10.070 (Curtailment Levels and Period) of
City Ordinance No. 359 contains a contingency measure that revises and
supplements the contingency measure element of the Portola
PM2.5 Plan. City Ordinance No. 359 also contains new
provisions that ban all open burning of yard waste and debris within
the City of Portola, with limited exceptions, and renumbers several
sections of the prior version of this ordinance (City Ordinance No.
354) without change.\17\ The additional open burning provisions in City
Ordinance No. 359 are not part of the contingency measure element of
the Plan. CARB has requested that the EPA entirely replace City
Ordinance No. 344 in the SIP with City Ordinance No. 359.\18\
---------------------------------------------------------------------------

    \17\ City of Portola, Ordinance No. 359, adopted September 9,
2020.
    \18\ NSAQMD, Resolution 2020-09 (October 26, 2020).
---------------------------------------------------------------------------

    On October 26, 2020, the District Governing Board adopted City
Ordinance No. 359 and, through Resolution 2020-09, instructed the
District to submit City Ordinance No. 359 to CARB for inclusion in the
SIP.\19\ On October 28, 2020, CARB submitted City Ordinance No. 359,
together with a document entitled ``Proposed Portola PM2.5
Plan Contingency Measure SIP Submittal,'' October 16, 2020 (hereafter
``CARB Staff Report''), to the EPA with a request for approval into the
SIP through the EPA's parallel processing procedures in 40 CFR part 51,
appendix V, section 2.3.\20\ We refer to City Ordinance No. 359 and the
CARB Staff Report together as the ``Proposed PM2.5 Plan
Revision.'' CARB has scheduled the Proposed PM2.5 Plan
Revision for a hearing before the CARB Governing Board on November 19,
2020, and if it is then adopted, CARB will submit the final
PM2.5 Plan Revision to the EPA for approval into the
California SIP.\21\
---------------------------------------------------------------------------

    \19\ Id. Resolution 2020-09 instructs the District to exclude
paragraph 15.10.060(B) (concerning penalties), section 15.10.100
(Violations), and section 15.10.110 (Continuing violations--each day
being a separate violation) from the SIP submission.
    \20\ Letter dated October 28, 2020, from Richard Corey,
Executive Officer, CARB, to John Busterud, Regional Administrator,
EPA Region IX, with enclosures. Although both the City and the
District have adopted City Ordinance No. 359, CARB has not yet
adopted it.
    \21\ Id.
---------------------------------------------------------------------------

III. Clean Air Act Requirements for PM2.5 Contingency
Measures and Other Control Measures

A. Requirements for Contingency Measures

    Under CAA section 172(c)(9) and the EPA's implementing regulations
for the PM2.5 NAAQS (``PM2.5 SIP Requirements
Rule''),\22\ each SIP submission for a nonattainment area must include
contingency measures to be implemented if the area fails to meet
requirements concerning RFP, fails to meet requirements concerning
quantitative milestones, or fails to attain the NAAQS by the applicable
attainment date. Contingency measures must be fully adopted rules or
control measures that are ready to be implemented quickly upon being
triggered and that take effect without significant further action by
the State or the EPA.\23\ The purpose of the contingency measures is to
continue progress in reducing emissions while a

state revises its SIP to meet a missed RFP requirement, to meet a
missed quantitative milestone requirement, or to correct ongoing
nonattainment.
---------------------------------------------------------------------------

    \22\ 81 FR 58010 (August 24, 2016), codified at 40 CFR part 51,
subpart Z.
    \23\ 81 FR 58010, 58066 and Addendum, 42015.
---------------------------------------------------------------------------

    Under the PM2.5 SIP Requirements Rule, contingency
measures must be implemented following a determination by the EPA that
the state has failed: (1) To meet any RFP requirement in the approved
SIP; (2) to meet any quantitative milestone in the approved SIP; (3) to
submit a required quantitative milestone report; or (4) to attain the
applicable PM2.5 NAAQS by the applicable attainment
date.\24\ The contingency measures adopted as part of a
PM2.5 attainment plan must consist of control measures for
the area that are not otherwise required to meet other nonattainment
plan requirements (e.g., to meet RACM/RACT requirements) and must
specify the timeframe within which their requirements become effective
following any of the EPA determinations specified in 40 CFR 51.1014(a).
---------------------------------------------------------------------------

    \24\ 40 CFR 51.1014(a).
---------------------------------------------------------------------------

    Neither the CAA nor the EPA's implementing regulations establish a
specific level of emission reductions that implementation of
contingency measures must achieve, but EPA guidance recommends that
contingency measures should provide for emission reductions equivalent
to approximately one year of reductions needed for RFP, calculated as
the overall level of reductions needed to demonstrate attainment
divided by the number of years from the base year to the attainment
year. In general, we expect all actions needed to effect full
implementation of the contingency measures to occur within 60 days
after the EPA notifies the state of a failure to attain or to meet an
RFP or quantitative milestone requirement.\25\
---------------------------------------------------------------------------

    \25\ 81 FR 58010, 58066. See also General Preamble, 13512,
13543-13544, and Addendum, 42014-42015.
---------------------------------------------------------------------------

    It has been the EPA's longstanding interpretation of section
172(c)(9) that states may rely on existing Federal measures (e.g.,
Federal mobile source measures based on the incremental turnover of the
motor vehicle fleet each year) and state or local SIP measures already
scheduled for implementation that provide emissions reductions in
excess of those needed to meet any other nonattainment plan
requirements, such as RACM/RACT, RFP, or expeditious attainment
requirements. In Bahr v. EPA (``Bahr''), however, the Ninth Circuit
Court of Appeals rejected the EPA's interpretation of CAA section
172(c)(9) as allowing for approval of already implemented control
measures as contingency measures.\26\ The Ninth Circuit concluded that
contingency measures must be measures that would take effect at the
time the area fails to make RFP or to attain by the applicable
attainment date, not before.\27\ Thus, within the geographic
jurisdiction of the Ninth Circuit, states cannot rely on already
implemented measures to comply with the contingency measure requirement
under CAA section 172(c)(9).
---------------------------------------------------------------------------

    \26\ Bahr v. EPA, 836 F.3d 1218, 1235-1237 (9th Cir. 2016).
    \27\ Id.
---------------------------------------------------------------------------

    To comply with section 172(c)(9), as interpreted in the Bahr
decision, a state must develop, adopt, and submit contingency measures
to be triggered upon a failure to meet an RFP milestone, failure to
meet requirements concerning quantitative milestones, or failure to
attain the NAAQS by the applicable attainment date regardless of the
extent to which already-implemented measures would achieve surplus
emission reductions beyond those necessary to meet RFP or quantitative
milestone requirements and beyond those projected to achieve attainment
of the NAAQS.

B. General Requirements for SIP Control Measures

    SIP control measures and revisions thereto must be enforceable,\28\
must not interfere with applicable requirements concerning attainment
and RFP or other CAA requirements,\29\ and must not modify certain SIP
control requirements in nonattainment areas without ensuring equivalent
or greater emissions reductions.\30\ Generally, in PM2.5
nonattainment areas classified as Moderate, SIP control measures must
also implement RACM, including RACT, and additional reasonable
measures.\31\
---------------------------------------------------------------------------

    \28\ CAA section 110(a)(2)(A).
    \29\ CAA section 110(l).
    \30\ CAA section 193.
    \31\ CAA sections 172(c)(1) and 189(a)(1)(C) and 40 CFR 51.1009.
---------------------------------------------------------------------------

IV. Completeness Review of the Proposed PM2.5 Plan Revision

    On October 28, 2020, CARB submitted the Proposed PM2.5
Plan Revision with a request that the EPA approve the submission into
the SIP through the parallel processing procedures in 40 CFR part 51,
appendix V, section 2.3. Parallel processing refers to a process that
utilizes concurrent state and Federal proposed rulemaking actions.
Generally, the state submits a copy of the proposed regulation or other
revisions to the EPA before conducting its public hearing and
completing its public comment process under state law. The EPA reviews
this proposed state action and prepares a notice of proposed rulemaking
under Federal law. In some cases, the EPA publishes its notice of
proposed rulemaking in the Federal Register during the same time frame
that the state is holding its own public hearing and public comment
process. The state and the EPA then provide for concurrent public
comment periods on both the state action and Federal action on the
initial SIP submission from the state. If, after completing its public
comment process and after the EPA's public comment process has run, the
state materially changes its final SIP submission to the EPA from the
initial proposed submission, the EPA evaluates those changes and
decides whether to publish another notice of proposed rulemaking in
light of those changes or to proceed to taking final action on its
proposed action and describe the state's changes in its final
rulemaking action. Any final rulemaking action by the EPA will occur
only after the state formally adopts and submits its final submission
to the EPA.
    Section 110(k)(1)(B) of the CAA requires the EPA to determine
whether a SIP submission is complete within 60 days of receipt. This
section also provides that if the EPA has not affirmatively determined
a SIP submission to be complete or incomplete, it will become complete
by operation of law six months after the date of submission. The EPA's
SIP completeness criteria are found in 40 CFR part 51, appendix V. The
EPA has reviewed the Proposed PM2.5 Plan Revision and finds
that it fulfills the completeness criteria of appendix V, with the
exception of the requirements of paragraphs 2.1(e)-2.1(h), which do not
apply to plans submitted for parallel processing.
    CAA sections 110(a)(1) and (2) and 110(l) require each state to
provide reasonable public notice and opportunity for public hearing
prior to the adoption and submission of a SIP submission to the EPA. To
meet this requirement, a state's SIP submission must include evidence
that the state provided adequate public notice and an opportunity for a
public hearing, consistent with the EPA's implementing regulations in
40 CFR 51.102. However, because the Proposed PM2.5 Plan
Revision was submitted for parallel processing, it is exempt from this
requirement at the time of initial submission to the EPA, pursuant to
40 CFR part 51, appendix V, section 2.3.1. CARB and the District are
required to meet these procedural criteria during the parallel
processing period, and prior

to adopting and submitting the final SIP submission to the EPA. The EPA
will determine whether the final submission meets these requirements at
the time of any final action on the PM2.5 Plan Revision.

V. Review of the Proposed PM2.5 Plan Revision

A. Revised Contingency Measure Element of Portola PM2.5 Plan

    The contingency measure element in section VI.B of the Portola
PM2.5 Plan, as submitted February 28, 2017, discusses two
potential contingency measures for the 2012 PM2.5 NAAQS: (1)
The mandatory wood-burning curtailment provision in section 15.10.060
of SIP-approved City Ordinance No. 344; and (2) a District ``policy''
to incentivize only certain types of wood stove change-outs following a
determination by the District that the area will not meet the 2019 RFP
emission target.\32\ The Plan indicates that the District identified
these measures as potential contingency measures because they are not
accounted for in the regional attainment demonstration modeling for the
2012 PM2.5 NAAQS.\33\
---------------------------------------------------------------------------

    \32\ Portola PM2.5 Plan, 72-74 (section VI.B,
``Contingency Measure''). The EPA did not act on the contingency
measure element of the Portola PM2.5 Plan as part of its
March 25, 2019 final action (84 FR 11208).
    \33\ Portola PM2.5 Plan, 73.
---------------------------------------------------------------------------

    The mandatory curtailment provision in SIP-approved City Ordinance
No. 344 becomes effective January 1, 2021, and will prohibit the use of
wood burning heaters, wood burning fireplaces, wood-fired fire pits and
wood-fired cookstoves within city limits whenever the District declares
a mandatory curtailment during the months of January, February,
November, and December, unless it is an approved and currently
registered EPA-certified wood burning heater.\34\ The District will
declare a mandatory curtailment whenever it determines that the 24-hour
average PM2.5 concentration may exceed 30 [mu]g/m\3\ on a
given day and that adverse meteorological conditions are expected to
persist.\35\
---------------------------------------------------------------------------

    \34\ City Ordinance No. 344, section 15.10.060.
    \35\ Id.
---------------------------------------------------------------------------

    The District ``policy'' to incentivize only certain types of wood
stove change-outs is not associated with a specific control measure.
Section VI.B of the Portola PM2.5 Plan states that if the
District estimates, by October 31, 2018, that the area will not meet
the 2019 RFP emission target, the District will only incentivize the
replacement of older wood stoves with pellet stoves, propane stoves, or
wood stoves meeting the ``Step 2'' emission limits in the EPA's new
source performance standards (NSPS) for wood heating devices.\36\
---------------------------------------------------------------------------

    \36\ Portola PM2.5 Plan, 74.
---------------------------------------------------------------------------

    City Ordinance No. 359 contains a new contingency measure that
revises and supplements the contingency measure element of the Portola
PM2.5 Plan.\37\ The new provision, in section 15.10.070 of
City Ordinance No. 359, would strengthen the mandatory curtailment
provision in SIP-approved City Ordinance No. 344 and would become
effective within 60 days after the EPA makes any of the four
determinations listed in 40 CFR 51.1014(a).\38\ Specifically, the
mandatory curtailment provision in section 15.10.070 of City Ordinance
No. 359 would prohibit the use of wood burning heaters, wood burning
fireplaces, wood-fired fire pits, and wood-fired cookstoves within city
limits whenever the District declares a mandatory curtailment during
the months of September through April, unless it is an approved and
currently registered EPA-certified wood burning heater.\39\ The
District would declare a mandatory curtailment whenever it determines
that the 24-hour average PM2.5 concentration may exceed 20
[mu]g/m\3\ on a given day and adverse meteorological conditions are
expected to persist.\40\ CARB estimates that, if triggered, the
requirements in section 15.10.070 of City Ordinance No. 359 would
achieve reductions in direct PM2.5 emissions of 0.0024 tons
per day (tpd) in 2022.\41\
---------------------------------------------------------------------------

    \37\ Upon the EPA's final approval of City Ordinance No. 359,
this ordinance (excluding paragraph 15.10.060(B) and sections
15.10.100 and 15.10.110) will entirely replace City Ordinance No.
344 in the SIP. NSAQMD, Resolution 2020-09 (October 26, 2020), 4
(para. 9).
    \38\ City Ordinance No. 359, section 15.10.070.
    \39\ Id.
    \40\ Id.
    \41\ CARB Staff Report, 9 (Table 6).
---------------------------------------------------------------------------

    The CARB Staff Report contains the State's quantification of
additional direct PM2.5 emission reductions estimated to be
achieved in the Portola nonattainment area in 2022, the year after the
December 31, 2021, attainment date applicable to the Portola
nonattainment area. CARB attributes these additional emission
reductions to ongoing implementation of the Wood Stove Program and
several other control measures and programs that will achieve
PM2.5 emission reductions beyond those emission reductions
necessary for attainment by the December 31, 2021 attainment date,
including increased participation in a voluntary curtailment program
outside of the City of Portola and the District's disbursement of 2019
Targeted Airshed Grant funds to weatherize 30 homes in the Portola
nonattainment area.\42\ CARB estimates that the emission reductions
that will result from implementation of these other measures and
programs, together with the emission reductions that would result from
implementation of the contingency measure in City Ordinance No. 359,
will achieve a total of 0.0087 tpd of direct PM2.5
reductions in 2022.
---------------------------------------------------------------------------

    \42\ CARB Staff Report, 10-13.
---------------------------------------------------------------------------

B. Additional Revisions in City Ordinance No. 359

    The District implements open burning requirements in NSAQMD rules
300--317 that apply to a variety of area sources such as agricultural
burning, forest burning, range improvement, and residences.\43\ Neither
these rules nor City Ordinance No. 344, however, restrict the open
burning of yard waste. City Ordinance No. 359 contains a new
prohibition on the open burning of yard waste, related definitions, and
limited exemptions. These provisions are not part of the contingency
measure element of City Ordinance No. 359 but supplement the existing
PM2.5 control strategy in the Portola nonattainment area.
Specifically, City Ordinance No. 359 contains the following new
provisions:
---------------------------------------------------------------------------

    \43\ The EPA approved NSAQMD rules 300 to 317 into the SIP on
September 16, 1997 (62 FR 48480) and August 19, 1999 (64 FR 45170).
---------------------------------------------------------------------------

     Definitions of the terms ``debris,'' ``open burning,''
``recreational fire,'' and ``yard waste'' (section 15.10.020);
     A provision that bans all open burning of yard waste and
debris within Portola, except as otherwise authorized in section
15.10.026 (section 15.10.025); and
     Provisions to exempt three types of burning activities
from the ban on open burning: Certain open outdoor fires used only for
cooking or for recreation, ``training burns'' permitted in advance by
the Fire Chief and the District, and certain health- and safety-related
burning activities for which the Fire Chief and the District have
issued special burn permits (section 15.10.026).
    City Ordinance No. 359 would also renumber the following
provisions: Section 15.10.080 (Outdoor Wood-Fired Boiler Installation
Prohibited), located at section 15.10.070 in City Ordinance No. 344;
section 15.10.090 (Wood Stove Retailers/Contractors Required to Provide
Educational Materials), located at section 15.10.080 in City Ordinance
No. 344; and numerous definitions in section 15.10.020. These
renumbering revisions would not affect the substance of these
provisions.

C. EPA Evaluation

    Section 172(c)(9) of the CAA and EPA regulations require states to
include contingency measures in nonattainment area plans to address
potential failure to achieve RFP milestones, failure to meet
requirements concerning quantitative milestones, and failure to attain
the NAAQS by the applicable attainment date. For purposes of evaluating
the contingency measure element of the Proposed PM2.5 Plan
Revision, we find it useful to distinguish between contingency measures
to address potential failure to attain the NAAQS (``attainment
contingency measures'') and contingency measures to address potential
failure to achieve RFP milestones or to meet quantitative milestone
requirements (``RFP contingency measures'').
1. Contingency Measure Element of Portola PM2.5 Plan
    The Portola PM2.5 Plan, as submitted February 28, 2017,
identifies the mandatory curtailment provision in SIP-approved City
Ordinance No. 344 as an attainment contingency measure and identifies a
District ``policy'' to incentivize the replacement of older wood stoves
with only pellet stoves, propane stoves, or wood stoves meeting the
``Step 2'' emission limits in the EPA's NSPS for wood heating devices
as an RFP contingency measure.\44\
---------------------------------------------------------------------------

    \44\ Portola PM2.5 Plan, 74.
---------------------------------------------------------------------------

    The mandatory curtailment provision in section 15.10.060 of City
Ordinance No. 344 does not qualify for use as a contingency measure
under CAA section 172(c)(9) because City Ordinance No. 344 is a SIP-
approved component of the attainment control strategy in the Portola
PM2.5 Plan.\45\ Additionally, because this provision takes
effect on January 1, 2021, before the December 31, 2021 attainment date
and October 15, 2022 RFP milestone date applicable to the area, this
measure is an already implemented measure that cannot be used to comply
with the section 172(c)(9) contingency measure requirement under the
Ninth Circuit's decision in Bahr.
---------------------------------------------------------------------------

    \45\ 83 FR 64774, 64780-64784 (December 18, 2018) (describing
City Ordinance No. 344 and other control measures in the Portola
PM2.5 Plan as RACM and additional reasonable measures for
the 2012 PM2.5 NAAQS).
---------------------------------------------------------------------------

    The District's described ``policy'' for incentivizing the
replacement of older wood burning devices with cleaner residential
heating devices also does not qualify for use as a contingency measure
under CAA section 172(c)(9) because it is not a fully adopted rule or
control measure that is ready to be implemented quickly upon being
triggered and does not specify the timeframe within which its
requirements would take effect following any of the EPA determinations
specified in 40 CFR 51.1014(a).
    Thus, the contingency measure element of the Portola
PM2.5 Plan, as submitted February 28, 2017, fails to satisfy
the requirements for contingency measures in CAA section 172(c)(9) and
40 CFR 51.1014.
2. Revised Contingency Measure for Attainment Purposes
    City Ordinance No. 359 contains a new contingency measure that
revises and supplements the contingency measure element of the Portola
PM2.5 Plan. The new provision, in section 15.10.070 of City
Ordinance No. 359, would increase the stringency of the mandatory
curtailment provision in section 15.10.060 of SIP-approved City
Ordinance No. 344 by lowering the threshold at which the District will
declare a mandatory curtailment from 30 [mu]g/m\3\ to 20 [mu]g/m\3\ and
by extending the period during which the District may declare such
mandatory curtailments from four months (January to December) to eight
months (September to April).\46\ This revised contingency measure would
satisfy the requirements of CAA section 172(c)(9) and 40 CFR 51.1014
because it: (i) Would take effect without significant further action by
the State or the EPA, if the EPA makes any of the four determinations
listed in 40 CFR 51.1014(a); (ii) would consist of control requirements
not otherwise included in the attainment control strategy for the
Portola nonattainment area; and (iii) would specify the timeframe
within which it becomes effective following any of the EPA
determinations listed in 40 CFR 51.1014(a).
---------------------------------------------------------------------------

    \46\ Compare City Ordinance No. 359, section 15.10.070 with City
Ordinance No. 344, section 15.10.060.
---------------------------------------------------------------------------

    We also considered the adequacy of the contingency measure from the
standpoint of the magnitude of emission reductions the measure would
provide if triggered. Neither the CAA nor the EPA's implementing
regulations for the PM2.5 NAAQS establish a specific amount
of emission reductions that implementation of contingency measures must
achieve, but we generally expect that contingency measures should
provide for emission reductions approximately equivalent to one year's
worth of RFP. For the 2012 PM2.5 NAAQS in the Portola
nonattainment area, one year's worth of reductions needed for RFP is
approximately 0.0085 tpd of direct PM2.5 reductions.\47\
---------------------------------------------------------------------------

    \47\ Portola PM2.5 Plan, 73 (Table 19).
---------------------------------------------------------------------------

    The CARB Staff Report contains the State's quantification of the
emission reductions anticipated from implementation of section
15.010.070 of City Ordinance No. 359. The State estimates that lowering
the curtailment threshold to 20 [micro]g/m\3\ and extending the
potential curtailment period by four months would reduce
PM2.5 emissions by an additional 0.0024 tpd in 2022, the
year after the attainment year for the 2012 PM2.5 NAAQS in
the Portola nonattainment area.\48\ This estimated reduction in
emissions from the contingency measure alone does not achieve one
year's worth of RFP for the Portola nonattainment area. However, in the
Proposed PM2.5 Plan Revision CARB provides the larger SIP
planning context in which to judge the adequacy of the contingency
measure by identifying surplus direct PM2.5 reductions
estimated to be achieved in 2022 from other measures. The surplus
emission reductions result from already implemented measures and
programs, including the ongoing implementation of the Wood Stove
Program (0.0059 tpd), increased participation in a voluntary
curtailment program outside of the City of Portola (0.0007 tpd), and
the District's disbursement of 2019 Targeted Airshed Grant funds to
weatherize 30 homes in the Portola nonattainment area (0.0002 tpd).\49\
Because these surplus emission reductions result from already
implemented measures, they cannot themselves constitute contingency
measures. However, these measures provide additional reductions that
CARB believes may be taken into consideration when evaluating the
adequacy of the emission reductions from the contingency measure. CARB
estimates that these other control measures and programs, together with
the contingency measure in City Ordinance No. 359, would achieve a
total of 0.0087 tpd of direct PM2.5 reductions in 2022.
---------------------------------------------------------------------------

    \48\ CARB Staff Report, 9 (Table 6).
    \49\ CARB Staff Report, 10-13. These emission reductions are
surplus to those relied upon in the control strategy for attaining
the 2012 PM2.5 NAAQS in the Portola PM2.5 Plan
because they occur after the December 31, 2021 attainment date and/
or will be achieved through implementation of measures adopted after
the Plan's adoption.
---------------------------------------------------------------------------

    We have reviewed the State's emission reduction estimates for 2022,
as shown in the CARB Staff Report, and find the calculations
reasonable. We therefore agree with the State's conclusion that ongoing
implementation of the measures and programs identified by the State in
the CARB Staff Report

provides surplus emission reductions beyond those necessary to
demonstrate attainment by the December 31, 2021, Moderate area
attainment date for the 2012 annual PM2.5 NAAQS in the
Portola nonattainment area. While such surplus emission reductions from
already implemented measures in the year after the 2021 attainment year
cannot constitute contingency measures themselves, we consider them
relevant in evaluating the adequacy of the emission reductions that
will result from the contingency measure that CARB has proposed to
adopt in order to meet the requirements of section 172(c)(9). In light
of the ongoing reductions in emissions of direct PM2.5
achieved by the District measures and programs identified in the CARB
Staff Report, the emission reductions from the District contingency
measure (i.e., section 10.050.070 of City Ordinance No. 359) would be
sufficient to meet the attainment contingency measure requirement for
the 2012 PM2.5 NAAQS, even though the measure would achieve
emission reductions less than one year's worth of RFP.
3. Revised Contingency Measure for RFP and Quantitative Milestone
Purposes
    The applicable quantitative milestone dates for the 2012
PM2.5 NAAQS in the Portola nonattainment area are October
15, 2019 and October 15, 2022.\50\ On May 5, 2019, CARB submitted the
``Portola 2019 Quantitative Milestone Report'' (``2019 QM Report'') to
the EPA.\51\ The 2019 QM Report includes a certification from the
Governor's designee that the 2019 quantitative milestone for the
Portola PM2.5 nonattainment area has been achieved and a
demonstration that the adopted control strategy has been fully
implemented. The 2019 QM Report also contains a demonstration of how
the emission reductions achieved to date compare to those required or
scheduled to meet RFP. The State and District conclude in the 2019 QM
Report that the emission reductions needed to demonstrate RFP have been
achieved and that the 2019 quantitative milestone has been met in the
Portola nonattainment area. On November 3, 2020, the EPA determined
that the 2019 QM Report was adequate.\52\
---------------------------------------------------------------------------

    \50\ 40 CFR 51.1013(a)(1); see also 83 FR 64774, 64790 (December
18, 2018).
    \51\ Letter dated May 5, 2019, from Richard W. Corey, Executive
Officer, CARB, to Mike Stoker, Regional Administrator, EPA Region
IX, with enclosure.
    \52\ Letter dated November 3, 2020, from Deborah Jordan, Acting
Regional Administrator, EPA Region IX, to Richard W. Corey,
Executive Officer, CARB, regarding 2019 Quantitative Milestone
Report for the 2012 annual PM2.5 National Ambient Air
Quality Standards.
---------------------------------------------------------------------------

    Because the State and District have demonstrated that the Portola
nonattainment area has met its 2019 quantitative milestones, RFP
contingency measures for the 2019 milestone year are no longer needed.
The sole purpose of RFP contingency measures is to provide continued
progress if an area fails to meet its RFP or quantitative milestone
requirements. Failure to meet RFP or quantitative milestone
requirements for 2019 would have required California to implement an
RFP contingency measure.\53\ In this case, however, the 2019 QM Report
demonstrates that actual emission levels in 2019 were consistent with
the approved 2019 RFP milestone year targets for direct
PM2.5 in the Portola PM2.5 Plan and that the
adopted control strategy is being implemented as scheduled.
Accordingly, RFP contingency measures for 2019 no longer have meaning
or purpose, and the EPA proposes to find that the requirement for them
is now moot as applied to the Portola nonattainment area.
---------------------------------------------------------------------------

    \53\ Under section 189(c)(3) of the CAA, if a state fails to
submit a required quantitative milestone report or the EPA
determines that the area has not met an applicable milestone, the
EPA must require the state, within nine months after such failure or
determination, to submit a plan revision that assures that the state
will achieve the next milestone (or attain the NAAQS, if there is no
next milestone) by the applicable date.
---------------------------------------------------------------------------

    With respect to the 2022 RFP milestone year, the contingency
measure in section 10.050.070 of City Ordinance No. 359 would take
effect if the EPA determines that the area has failed to meet a
requirement concerning RFP or quantitative milestones \54\ but would
not, by itself, be sufficient to achieve emission reductions equivalent
to one year's worth of RFP. The CARB Staff Report, however, states that
continued implementation of the existing wood-stove changeout program
together with several new measures and programs will result in surplus
PM2.5 emission reductions in the 2022 RFP milestone year and
in 2023.\55\ These measures and programs include a chimney sweep
voucher program, additional weatherization of homes, wood sheds for
households in the nonattainment area to keep firewood dry, and the
provision of a reliable and affordable supply of seasoned wood.\56\ The
CARB Staff Report states that funds awarded to the District from the
EPA's 2018 and 2019/2020 Targeted Airshed Grants will ensure continuous
education, outreach, and implementation and enforcement of these and
additional programs designed to further reduce PM2.5
emissions in the Portola nonattainment area after 2022.\57\ In light of
these ongoing and additional reductions in emissions of direct
PM2.5, the emission reductions from the District's
contingency measure (i.e., section 10.050.070 of City Ordinance No.
359) would be sufficient to meet the 2022 RFP contingency measure
requirement for the 2012 PM2.5 NAAQS, even though the
measure would achieve emission reductions less than one year's worth of
RFP for the area.
---------------------------------------------------------------------------

    \54\ City Ordinance No. 359, section 10.050.070.
    \55\ CARB Staff Report, 14-15.
    \56\ Id.
    \57\ Id.
---------------------------------------------------------------------------

    We note that if the EPA determines that the Portola nonattainment
area has failed to attain the 2012 PM2.5 NAAQS by the
December 31, 2021 attainment date and thereby triggers the contingency
measure provision in section 10.050.070 of City Ordinance No. 359, the
State would be required to a submit a replacement contingency measure
to address the 2022 milestone date. However, timely submittal of a
quantitative milestone report for the 2022 milestone date would, if
found adequate by the EPA, moot the contingency measure requirement for
this milestone date.
4. Additional Revisions in City Ordinance No. 359
    The new prohibition on the open burning of yard waste, related
definitions, and limited exemptions in City Ordinance No. 359 are clear
and the monitoring, recordkeeping, reporting and other provisions in
the ordinance ensure that affected sources and regulators can
consistently evaluate and determine compliance with these additional
provisions. These revisions are therefore consistent with CAA
requirements regarding enforceability.
    Additionally, these new provisions in City Ordinance No. 359 comply
with CAA section 110(l) because they strengthen the SIP by adding new
requirements for the control of PM2.5 emissions from open
burning activities in the Portola nonattainment area and would not
interfere with any applicable requirement concerning attainment and RFP
or any other applicable requirement of the CAA. Section 193 does not
apply to this action because City Ordinance No. 359 does not modify a
control requirement in effect before November 15, 1990.\58\ We are not
evaluating the

stringency of these provisions for compliance with specific CAA control
standards at this time and will do so as part of our action on any
subsequently submitted attainment plan for the Portola nonattainment
area, as appropriate.\59\
---------------------------------------------------------------------------

    \58\ City Ordinance No. 359 modifies a control requirement that
the EPA approved into the SIP on March 5, 2018 (83 FR 9213)
(approving City Ordinance No. 344 into SIP). Upon the EPA's final
approval of City Ordinance No. 359 into the SIP, this ordinance
(excluding paragraph 15.10.060(B) and sections 15.10.100 and
15.10.110) will entirely replace City Ordinance No. 344. NSAQMD,
Resolution 2020-09 (October 26, 2020), 4 (para. 9).
    \59\ The EPA previously determined that the Portola
PM2.5 Plan contains all RACM necessary for expeditious
attainment of the 2012 PM2.5 NAAQS by the December 31,
2021 Moderate area attainment date. 84 FR 11208 (March 25, 2019). If
the EPA determines that the Portola nonattainment area has failed to
attain the NAAQS by this date, the area will be reclassified as a
Serious area, and the State will be required to submit a revised
attainment plan for the area that provides for the implementation of
best available control measures (BACM) within four years after such
reclassification. CAA sections 188(b)(2) and 189(b)(1)(B).
---------------------------------------------------------------------------

    The District has excluded from the SIP submission paragraph
15.10.060(B) and sections 15.10.100 and 15.10.110 of City Ordinance No.
359 regarding penalties and violations.\60\ These paragraphs are not
necessary for SIP approval and could lead to confusion with respect to
similar Federal requirements set forth in CAA section 113.
---------------------------------------------------------------------------

    \60\ NSAQMD, Resolution 2020-09 (October 26, 2020), 3
(paragraphs. 6, 7).
---------------------------------------------------------------------------

VI. Proposed Actions and Request for Public Comment

    The EPA is proposing to approve the contingency measure element of
the Portola PM2.5 Plan, as revised and supplemented by the
Proposed PM2.5 Plan Revision, as meeting the contingency
measure requirements of CAA section 172(c)(9) and 40 CFR 51.1014 for
the 2012 annual PM2.5 NAAQS in the Portola nonattainment
area. Our proposed approval is contingent upon the State's submission
of the final, adopted PM2.5 Plan Revision in time for the
EPA to finalize this action by March 1, 2021, our court-ordered
deadline for taking final action on the contingency measure element of
the Plan. The EPA also proposes to find that the requirement for RFP
contingency measures for the 2019 milestone date is moot as applied to
the Portola nonattainment area, because the State's and District's 2019
QM Report adequately demonstrates that the emission reductions needed
to demonstrate RFP have been achieved and that the 2019 quantitative
milestone has been met in the Portola nonattainment area.
    The EPA is proposing, in the alternative, to disapprove the
contingency measure element of the Portola PM2.5 Plan, as
submitted February 28, 2017 (section VI.B of the Plan), if the State
fails to adopt and submit the PM2.5 Plan Revision in time
for the EPA to take final action by March 1, 2021, because the
contingency measure element of the Plan as submitted February 28, 2017,
fails to satisfy the contingency measure requirements in CAA section
172(c)(9) and 40 CFR 51.1014.
    If we finalize the proposed disapproval, the offset sanction in CAA
section 179(b)(2) would apply in the Portola PM2.5
nonattainment area 18 months after the effective date of the final
disapproval. The highway funding sanctions in CAA section 179(b)(1)
would apply in the area six months after the offset sanction is
imposed. These sanctions would apply unless we take final action to
approve SIP revisions that meet the relevant CAA requirements prior to
the time the sanctions would take effect. In addition to the sanctions,
CAA section 110(c) provides that the EPA must promulgate a Federal
implementation plan addressing the deficiency that is the basis for a
disapproval, two years after the effective date of the disapproval,
unless we have approved a revised SIP submission correcting the
deficiency before that date.
    Finally, the EPA is proposing to approve the new provisions in City
Ordinance No. 359 concerning open burning of yard wastes and other
debris, including related definitions and exemptions. These provisions
strengthen the SIP and are consistent with CAA requirements regarding
enforceability and SIP provisions. At the State's and District's
request, we are not acting on paragraph 15.10.060(B), section
15.10.100, or section 15.10.110 of City Ordinance No. 359.
    We will accept comments from the public on these proposals for the
next 30 days. The deadline and instructions for submission of comments
are provided in the DATES and ADDRESSES sections at the beginning of
this preamble.

VII. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the CARB measure described in Section II of this preamble
(City Ordinance No. 359). The EPA has made, and will continue to make,
these materials available through www.regulations.gov and at the EPA
Region IX Office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information).

VIII. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed action merely proposes to approve, or
conditionally approve, state plans as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority
to address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land

or in any other area where the EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
proposed rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Ammonia,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Particulate matter, Reporting and recordkeeping requirements,
Sulfur dioxide, Volatile organic compounds.

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

    Dated: November 17, 2020.
John Busterud,
Regional Administrator, Region IX.
[FR Doc. 2020-26648 Filed 12-2-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 116 (Thursday, June 16, 2022)]
[Proposed Rules]
[Pages 36266-36269]
[FR Doc No: 2022-12936]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0680; Project Identifier MCAI-2021-01415-T]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2020-22-03, which applies to all Airbus SAS Model A330-200, -200
Freighter, and -300 series airplanes. AD 2020-22-03 requires revising
the existing airplane flight manual (AFM) to incorporate procedures to
be applied if an engine bleed over-temperature occurs when the
associated engine bleed valve is jammed open, and provides for the
optional embodiment of updated flight warning computer (FWC) software,
which terminates the AFM revision. Since the FAA issued AD 2020-22-03,
new maintenance actions and software related to over-temperature
failure conditions were developed. This proposed AD would continue to
require the actions specified in AD 2020-22-03, would require
accomplishing the new maintenance tasks and corrective actions, and
would mandate embodiment of the updated FWC software for certain
airplanes, as specified in a European Union Aviation Safety Agency
(EASA), which is proposed for incorporation by reference. This proposed
AD would also prohibit the installation of affected FWC software. The
FAA is proposing this AD to address the unsafe condition on these
products.

DATES: The FAA must receive comments on this proposed AD by August 1,
2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For material that will be incorporated by reference (IBR) in this
AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email [email protected]; internet
www.easa.europa.eu. You may find this material on the EASA website at
https://ad.easa.europa.eu. You may view this material at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available in the AD
docket at https://www.regulations.gov by searching for and locating
Docket No. FAA-2022-0680.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0680; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this NPRM, the
mandatory continuing airworthiness information (MCAI), any comments
received, and other information. The street address for Docket
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax:<PHONE_NUMBER>;
email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-0680; Project Identifier
MCAI-2021-01415-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential

under the FOIA, and they will not be placed in the public docket of
this NPRM. Submissions containing CBI should be sent to Vladimir
Ulyanov, Aerospace Engineer, Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax:<PHONE_NUMBER>; email: [email protected]. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.

Background

    The FAA issued AD 2020-22-03, Amendment 39-21299 (85 FR 66873,
October 21, 2020) (AD 2020-22-03), which applies to all Airbus SAS
Model A330-200, -200 Freighter, and -300 series airplanes. AD 2020-22-
03 requires revising the existing AFM to incorporate procedures to be
applied if an engine bleed over-temperature occurs when the associated
engine bleed valve is jammed open. AD 2020-22-03 also provides for the
optional embodiment of updated FWC software, which would terminate the
AFM revision, as specified in EASA AD 2020-0205.
    The FAA issued AD 2020-22-03 to address the possibility of a jammed
engine bleed valve, which could lead to damage of the bleed manifold
and the ducts downstream of the engine bleed system, exposure of the
surrounding structure to heat stress, and possible reduced structural
integrity of the airplane.

Actions Since AD 2020-22-03 Was Issued

    Since the FAA issued AD 2020-22-03, it has been determined that new
maintenance tasks for failures related to over-temperature conditions
must be accomplished, and embodiment of updated FWC software must be
mandated for certain airplanes.
    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0281, dated December 17, 2021
(EASA AD 2021-0281) (also referred to as the MCAI), to correct an
unsafe condition for Airbus SAS Model A330-201, -202, -203, -223, -
223F, -243, and -243F airplanes, Model A330-301, -302, -303, -321, -
322, -323, -341, -342, -343, and -743L airplanes.
    Model A330-743L airplanes are not certificated by the FAA and are
not included on the U.S. type certificate data sheet; this AD therefore
does not include those airplanes in the applicability.
    EASA AD 2021-0281 specifies that after the software update
(modification) required by this proposed AD is done on an airplane,
that airplane remains compliant with the requirements of paragraph (2)
of EASA AD 2020-0077 (which corresponds to FAA AD 2020-17-16, Amendment
39-21221 (85 FR 54900, September 3, 2020)). AD 2020-17-16 requires,
among other actions, installing FWC standard T9 on Airbus SAS Model
A330-200 and -300 series airplanes. This proposed AD would require
installing FWC standard T9-3, which replaces FWC standard T9.
    This proposed AD was prompted by the development of new maintenance
actions and software related to over-temperature failure conditions.
The FAA is proposing this AD to address the possibility of a jammed
engine bleed valve, which could lead to damage of the bleed manifold
and the ducts downstream of the engine bleed system, exposure of the
surrounding structure to heat stress, and possible reduced structural
integrity of the airplane. See the MCAI for additional background
information.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the
requirements of AD 2020-22-03, this proposed AD would retain the
requirements of AD 2020-22-03. Those requirements are referenced in
EASA AD 2021-0281, which, in turn, are referenced in paragraph (g) of
this proposed AD.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0281 specifies procedures for amending the applicable
AFM to incorporate procedures to be applied if an engine bleed over-
temperature occurs when the associated engine bleed valve is jammed
open. EASA AD 2020-0281 also specifies that embodiment of updated FWC
software standard T9 would eliminate the need for the AFM amendment.
EASA AD 2021-0281 also describes maintenance tasks for failures related
to over-temperature conditions and corrective actions (repair). EASA AD
2021-0281 also specifies procedures for the embodiment of updated FWC
software standard T9-3, and, for certain airplanes concurrent
embodiment of system data acquisition concentrator (SDAC) software
standard C13 or FWC software standard K3-2 and SDAC software standard
C3-0A. Finally, EASA AD 2021-0281 prohibit the installation of affected
FWC software (FWC software standard T9-2 or earlier). This material is
reasonably available because the interested parties have access to it
through their normal course of business or by the means identified in
the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with the State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA is issuing this NPRM after determining that
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in EASA AD 2021-0281 described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
This proposed AD would also prohibit the installation of affected FWC
software.
    EASA AD 2021-0281 requires operators to ``inform all flight crews''
of revisions to the AFM, and thereafter to ``operate the aeroplane
accordingly.'' However, this proposed AD would not specifically require
those actions as those actions are already required by FAA regulations.
FAA regulations require operators furnish to pilots any changes to the
AFM (for example, 14 CFR 121.137), and to ensure the pilots are
familiar with the AFM (for example, 14 CFR 91.505). As with any other
flightcrew training requirement, training on the updated AFM content is
tracked by the operators and recorded in each pilot's training record,
which is available for the FAA to review. FAA regulations also require
pilots to follow the procedures in the existing AFM including all
updates. 14 CFR 91.9 requires that any person operating a civil
aircraft must comply with the operating limitations specified in the
AFM. Therefore, including a requirement in this proposed AD to operate
the airplane according to the revised AFM would be redundant and
unnecessary.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating

this process with manufacturers and CAAs. As a result, the FAA proposes
to incorporate EASA AD 2021-0281 by reference in the FAA final rule.
This proposed AD would, therefore, require compliance with EASA AD
2021-0281 in its entirety through that incorporation, except for any
differences identified as exceptions in the regulatory text of this
proposed AD. Using common terms that are the same as the heading of a
particular section in EASA AD 2021-0281 does not mean that operators
need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2021-
0281. Service information required by EASA AD 2021-0281 for compliance
will be available at https://www.regulations.gov by searching for and
locating Docket No. FAA-2022-0680 after the FAA final rule is
published.

Costs of Compliance

    The FAA estimates that this AD affects 115 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
             Labor cost                Parts cost          Cost per  product           Cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
AFM revision: 1 work-hour x $85 per              $0  $85..........................  $9,775.
 hour = $85.
Software Update: 3 work-hours x 85                0  $255.........................  Up to $29,325.
 per hour = $255.
Maintenance Tasks: 7 work-hours x               720  $595.........................  $151,225.
 $85 per hour = $595.
Concurrent Actions: Up to 4 work-                 0  Up to $340...................  Up to $39,100.
 hours x $85 per hour = Up to $340.
----------------------------------------------------------------------------------------------------------------

                  Estimated Costs for Optional Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
2 work-hours x $85 per hour = $170....              $0             $170
------------------------------------------------------------------------

    The FAA has received no definitive data that would enable the
agency to provide cost estimates for the on-condition actions specified
in this proposed AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect 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.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive (AD) 2020-22-03, Amendment 39-21299
(85 FR 66873, October 21, 2020); and
0
b. Adding the following new AD:

Airbus SAS: Docket No. FAA-2022-0680; Project Identifier MCAI-2021-
01415-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by August 1, 2022.

(b) Affected ADs

    This AD replaces AD 2020-22-03, Amendment 39-21299 (85 FR 66873,
October 21, 2020) (AD 2020-22-03).

(c) Applicability

    This AD applies to all Airbus SAS Model airplanes, certificated
in any category, as identified in paragraphs (c)(1) though (3) of
this AD.
    (1) Model A330-201, -202, -203, -223, and -243 airplanes.
    (2) Model A330-223F and -243F airplanes.
    (3) Model A330-301, -302, -303, -321, -322, -323, -341, -342,
and -343 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 75, Air; Code
36, Pnuematic.

(e) Unsafe Condition

    This AD was prompted by a report that during a certification
exercise, it was identified that there was a risk of an engine bleed
system over-temperature, without the engine bleed valve closing; the
associated engine bleed valve should automatically close. This AD
was also prompted by the development of new maintenance actions and
software related to over-temperature failure conditions. The FAA is
issuing this AD to address the possibility of a jammed engine bleed
valve, which could lead to damage of the bleed manifold and the
ducts downstream of the engine bleed system, exposure of the
surrounding structure to heat

stress, and possible reduced structural integrity of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2021-0281, dated December 17, 2021 (EASA AD 2021-0281).

(h) Exceptions to EASA AD 2021-0281

    (1) Where EASA AD 2021-0281 refers to October 1, 2020 (the
effective date of EASA AD 2020-0205), this AD requires using
November 5, 2020 (the effective date of AD 2020-22-03).
    (2) Where EASA AD 2021-0281 refers to its effective date, this
AD requires using the effective date of this AD.
    (3) Where paragraph (1) of EASA AD 2021-0281 specifies to
``inform all flight crews, and, thereafter, operate the aeroplane
accordingly,'' this AD does not require those actions as those
actions are already required by existing FAA operating regulations.
    (4) Where paragraphs (6) and (7) of EASA AD 2021-0281 specifies
actions if ``any discrepancies are detected,'' for this AD
discrepancies include failures related to an over-temperature
situation, hidden failures in equipment for a ``not isolated over-
temperature'' failure condition, cracking on the exchanger outlet
temperature sensor, or dual drift in the exchanger outlet
temperature sensor.
    (5) Where paragraph (11) of EASA AD 2021-0281 specifies that an
airplane with certain modifications is compliant with ``the
requirements of paragraph (2) of EASA AD 2020-0077,'' for this AD
use ``for the corresponding requirements of paragraph (2) of EASA AD
2020-0077 that are required by paragraph (g) of AD 2020-17-16,
Amendment 39-21221 (85 FR 54900, September 3, 2020).''
    (6) The ``Remarks'' section of EASA AD 2021-0281 does not apply
to this AD.

(i) No Reporting Requirements

    Although the service information referenced in EASA AD 2021-0281
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.

(j) Additional FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch/manager
of the certification office, send it to the attention of the person
identified in paragraph (k)(2) of this AD. Information may be
emailed to: [email protected].
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA Design Organization Approval (DOA). If approved by the
DOA, the approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by
paragraph (j)(2) of this AD, if any service information referenced
in EASA AD 2021-0281 contains paragraphs that are labeled as RC, the
instructions in RC paragraphs, including subparagraphs under an RC
paragraph, must be done to comply with this AD; any paragraphs,
including subparagraphs under those paragraphs, that are not
identified as RC are recommended. The instructions in paragraphs,
including subparagraphs under those paragraphs, not identified as RC
may be deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the instructions identified as RC can
be done and the airplane can be put back in an airworthy condition.
Any substitutions or changes to instructions identified as RC
require approval of an AMOC.

(k) Related Information

    (1) For EASA AD 2021-0281, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu. You may
view this material at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195. This material may be found in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-
2022-0680.
    (2) For more information about this AD, contact Vladimir
Ulyanov, Aerospace Engineer, Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax:<PHONE_NUMBER>; email: [email protected]

    Issued on June 10, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-12936 Filed 6-15-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: July 13, 2010 (Volume 75, Number 133)]
[Notices]
[Page 39932-39933]
[DOCID:fr13jy10-65]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2003-0064; FRL-9174-7; EPA ICR No. 1287.10; OMB Control No.
2040-0101]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Recognition Application for
Sustainable Water Leadership Program (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44

U.S.C. 3501 et seq.), this document announces that an Information
Collection Request (ICR) has been forwarded to the Office of Management
and Budget (OMB) for review and approval. This is a request to renew an
existing approved collection. The ICR, which is abstracted below,
describes the nature of the information collection and its estimated
burden and cost.

DATES: Additional comments may be submitted on or before August 12,
2010.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OW-
2003-0064, to (1) EPA online using http://www.regulations.gov (our
preferred method), by e-mail to<EMAIL_ADDRESS>or by mail to: EPA
Docket Center, Environmental Protection Agency, Water Docket, Mail
Code: 28221T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and
(2) OMB by mail to: Office of Information and Regulatory Affairs,
Office of Management and Budget (OMB), Attention: Desk Officer for EPA,
725 17th Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Jason Bushta, Office of Water, Mail
Code 4204M, Environmental Protection Agency, 1200 Pennsylvania Ave.,
NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On February 19, 2010 (75 FR 7476), EPA sought comments on this
ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any
additional comments on this ICR should be submitted to EPA and OMB
within 30 days of this notice.
    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OW-2003-0064, which is available for online viewing at
http://www.regulations.gov, or in person viewing at the Water Docket in
the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution
Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Reading Room is<PHONE_NUMBER>,
and the telephone number for the Water Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at http://
www.regulations.gov, to submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov as EPA
receives them and without change, unless the comment contains
copyrighted material, confidential business information (CBI), or other
information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to http://
www.regulations.gov.
    Title: Recognition Application for Sustainable Water Leadership
Program (Renewal).
    ICR numbers: EPA ICR No. 1287.10, OMB Control No. 2040-0101.
    ICR Status: This ICR is scheduled to expire on February 28, 2011.
Under OMB regulations, the Agency may continue to conduct or sponsor
the collection of information while this submission is pending at OMB.
An Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information, unless it displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, are displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
    Abstract: This Information Collection Request (ICR) calculates the
burden and costs associated with the recognition application for the
Sustainable Water Leadership Program, formerly the National Clean Water
Act Recognition Awards Program and prior to that, the National
Wastewater Management Excellence Awards Program.
    This voluntary program has been updated to reflect new industry
practices consistent with EPA's sustainable infrastructure initiatives
and is authorized by Section 501(e) of the Clean Water Act (CWA). The
Sustainable Water Leadership Program maintains elements from the
previous Clean Water Act Recognition Awards Program, namely, excellence
in operations and maintenance, biosolids, combined sewer overflows,
pretreatment, and stormwater management, and also expands eligibility
to community drinking water utilities and systems, as well as managed
decentralized treatment systems (public or private). The development of
the Sustainable Water Leadership Program is the latest evolution in
EPA's commitment to recognize and award outstanding and innovative
utility management practices.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 20
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    Respondents/Affected Entities: Water Supply and Irrigation Systems,
Sewage Treatment Facilities, Engineering Services, Refuse Systems,
Colleges, Universities, Professional Schools, Air and Water Resource
and Solid Waste Management.
    Estimated Number of Respondents: 679.
    Frequency of Response: Biennially.
    Estimated Total Annual Hour Burden: 13,574.
    Estimated Total Annual Cost: $614,919, includes no annualized
capital or O&M costs.
    Changes in the Estimates: There is an increase of 11,544 hours in
the total estimated burden currently identified in the OMB Inventory of
Approved ICR Burdens. This is due to changes and adjustments in the
number and types of applicants eligible for recognition, which are
expected to attract more applicants. Additionally, this ICR now
encompasses burden hours for pretreatment awards which have until now
been covered under a separate ICR for the National Pretreatment Program
(OMB Control No. 2040-0009, EPA ICR No. 0002.14).

    Dated: July 6, 2010.
John Moses,
Director, Collection Strategies Division.
[FR Doc. 2010-17044 Filed 7-12-10; 8:45 am]
BILLING CODE 6560-50-P