[Federal Register Volume 86, Number 232 (Tuesday, December 7, 2021)]
[Notices]
[Pages 69242-69247]
[FR Doc No: 2021-26473]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2013-0262; FRL-8912-02--OW]

Re-Issuance of a General Permit to the National Science
Foundation for the Ocean Disposal of Man-Made Ice Piers From Its
Station at McMurdo Sound in Antarctica

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; final permit.

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SUMMARY: Environmental Protection Agency (EPA) is re-issuing a general
permit under the Marine Protection, Research, and Sanctuaries Act
(MPRSA) authorizing the National Science Foundation (NSF) to dispose of
ice piers in ocean waters. The permit conditions are substantively the
same as those established in the permit issued on April 22, 2014.
Permit re-issuance is necessary because the current permit has expired.

DATES: This general permit is effective January 6, 2022.

ADDRESSES: This final permit is identified as Docket No. EPA-HQ-OW-
2013-0262.
    The record is closed but available for inspection at https://www.regulations.gov. Out of an abundance of caution for members of the
public and our staff, the EPA Docket Center and Reading Room are closed
to the public, with limited exceptions, to reduce the risk of
transmitting COVID-19. Our Docket Center staff will continue to provide
remote customer service via email, phone, and webform. For further
information on EPA Docket Center services and the current status,
please visit us online at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Betsy Valente, Physical Scientist,
Freshwater and Marine Regulatory Branch, Oceans, Wetlands, and
Communities Division (4504T), U.S. Environmental Protection Agency,
1200 Pennsylvania Avenue NW, Washington, DC 20460; telephone (202) 564-
9895; email address: [email protected].

SUPPLEMENTARY INFORMATION: EPA has issued three MPRSA permits to NSF
for the ocean disposal of man-made ice piers from its station at
McMurdo Sound in Antarctica: An emergency permit issued on February 1,
1999; a general permit published in the Federal Register on February
14, 2003 (68 FR 7536); and a general permit published in the Federal
Register on April 22, 2014 (79 FR 22488).

    MPRSA section 104(a) provides that permits shall be issued for a
period not to exceed seven years, 33 U.S.C. 1414(a). This general
permit published in the Federal Register on April 22, 2014, has
expired, but it remains in effect under the Administrative Procedure
Act, 5 U.S.C. 558(c) because NSF filed a timely and sufficient
application for renewal prior to expiration. EPA published a notice
proposing re-issuance of a general permit on April 28, 2021 (86 FR
22408). Today's action by the EPA finalizes the provisions of the
general permit and authorizes NSF to ocean dispose of man-made ice
piers from McMurdo Station in Antarctica for a seven-year period. This
general permit is re-issued under sections 102(a) and 104(c) of the
MPRSA.
    NSF is the agency of the United States Government responsible for
oversight of the United States Antarctic Program. NSF currently
operates three major stations in Antarctica: McMurdo Station on Ross
Island, adjacent to McMurdo Sound; Palmer Station, near the western
terminus of the Antarctic Peninsula; and Amundsen-Scott South Pole
Station, at the geographic South Pole. McMurdo Station is the largest
of the three stations and serves as the primary logistics site for
operations at McMurdo and South Pole Stations, with the great majority
of supplies arriving here via vessel. To unload supplies, ships dock at
a man-made ice pier.
    The service life of past man-made ice piers has ranged from one to
ten years. NSF constructed the current ice pier in 2021. Prior to the
current pier, the three most recently constructed ice piers averaged
two years of use before disposal in ocean waters. The permit allows NSF
to ocean dispose of ice piers at the end of their service life,
including the pier currently in use and any additional ice piers
constructed at McMurdo Station. Eight is the maximum number of man-made
ice piers estimated for ocean disposal during the seven-year effective
period of the permit; however, NSF anticipates that four or fewer piers
will need to be ocean disposed during this period.
    When an ice pier is at the end of its effective life, all
structures, operational equipment and materials, debris, and any
objects of anthropogenic origin are removed from the surface of the
pier to the safest extent possible. The pier then is cast loose from
its moorings at the base and is either allowed to drift with the wind
and current or towed to McMurdo Sound for ocean disposal, where it
would float freely within the ice pack, mix with the annual sea ice,
and eventually disintegrate naturally with any remaining internal pipes
or cables eventually dropping out and falling to the seafloor. This
general permit is necessary because ice piers must be released from
shore and transported to sea for disposal at the end of their effective
life. While it is preferable to tow these ice piers out to sea for
disposal before releasing them to ensure they do not lodge on shore
near McMurdo Station, which this general permit authorizes, this is not
often possible due to the lack of availability of an appropriate towing
vessel. Thus, many past ice piers have been merely released directly
from shore and been allowed to float freely with the wind and current.
This general permit is intended to protect the marine environment by
setting forth specific permit terms and conditions, including operating
conditions that occur over the life of the pier and required clean-up
actions prior to disposal, with which NSF would need to comply in
advance of any ice pier disposal. The majority of permit terms involve
activities that occur in advance of any anticipated disposal of the ice
pier, regardless of the method of release to ocean waters.

A. Background on McMurdo Station Ice Pier

    NSF constructs ice piers during the austral winter, beginning when
the frozen pack ice in McMurdo Sound reaches a thickness of
approximately three feet. First, a berm of snow is created on the ice
pack to define the perimeter of what will become the ice pier. Heavy-
duty pumps are used to flood the bermed area with approximately four
inches of seawater. The water freezes in about 24 to 48 hours. The
process is repeated, each time creating another four-inch layer until
the ice reaches a total thickness of approximately five to seven feet.
At this stage, holes are drilled in the ice and sections of eight-inch
diameter steel pipe are inserted vertically into the holes. One-inch
steel cable is woven around the steel pipes; this cable is used to keep
the pier ``strung together'' should cracks occur, rather than to
provide structural strength. The entire aforementioned process is
repeated; approximately five to seven feet of ice is added on the first
layer, a second layer of cable is added, and approximately five to
seven feet of ice is added on top of that. The final target thickness
of the pier is a maximum of 20 feet. Throughout construction, at
intervals dictated by environmental conditions, cuts are made around
the edge of the pier to separate it from the surrounding ice. This can
be done using trenching equipment or a drill.
    Several steel pipe sections are frozen around the proximal edge of
the pier to attach the pier to the mainland via cables and to serve as
bollards to moor vessels. Following completion of the ice portion of
the pier, a six- to eight-inch layer of one-inch locally-sourced gravel
is applied to the surface of the pier to insulate the structure during
the warmest part of the year and to provide a non-slip working surface.
A tracking device is also placed on the ice pier during this process.
At the end of each austral summer season, the gravel is removed and
stored for use the following season.
    A typical ice pier measures 550 feet (168 meters) long, 250 feet
(76 meters) wide, and 20 feet (6 meters) in thickness. Ice piers are
generally constructed using (1) 13,000 feet (3,962 meters) of one-inch
steel cable; (2) 150 feet (46 meters) of eight-inch steel pipe; (3) 150
feet of 12-inch steel pipe; and (4) 4,000 cubic yards of one-inch or
smaller gravel.
    On occasion, cracks develop in the ice pier and must be repaired to
ensure that the pier is safe for use. One repair method uses additional
steel pipe and cable to ``suture'' the surface of the pier. A second
method uses passive thermosyphons (a device that transfers heat via
natural convection in a fluid, known programmatically as a ``freeze
cell'') to repair cracks in the ice pier. In 1998, thermosyphons filled
with food grade glycol were used on an experimental basis to stimulate
ice growth to repair cracks in the ice pier. The cells stimulated
adequate ice growth and were removed with no impact to the environment.
Because the technique has proven to be successful, thermosyphons may be
used when cracks develop that require additional ice growth to effect
repair. Thermosyphons are constructed of approximately 40-foot lengths
of 3.5-inch diameter steel pipe filled with glycol and are placed into
holes drilled into an ice pier. Approximately half of the pipe's length
is embedded in the ice while the remaining half is exposed above the
surface. Thermosyphons are fully removed once the repairs are
completed.
    Spills of materials such as food grade glycol, hydraulic fluid,
oil, and diesel fuel may occur on an ice pier. All spills are
thoroughly reported, documented and cleaned up to the extent
practicable; however, some spilled material may penetrate the ice and
full recovery would damage the pier to the point that it may become
unusable. Locations of spills on the ice pier are marked and mapped.
Before a pier is transported and disposed at sea, NSF recovers any

residual spilled material to the extent possible. Since 2011 there have
been 16 small spills, eight of which related to the use of
thermosyphons. NSF has since reviewed and revised its procedures for
the installation and removal of thermosyphons to minimize the
possibility of further spills associated with this activity.
    The other eight spills on an ice pier were primarily the result of
mechanical equipment failures due to the extreme environmental
conditions (e.g., failed hydraulic line). Spill amounts since 2011
ranged from 0.25 to 9 gallons.
    The effective lifespan of previous man-made ice piers has ranged
from one to ten years and was highly dependent on regional
environmental conditions in the years following construction. Wave
action or contact with vessels may cause erosion of the seaward face of
an ice pier. Local meltwater drainage may erode parts of the mainland
side of an ice pier. Periods of unseasonably warm weather can also
decrease the lifespan of an ice pier. Factors such as stress cracking
and erosion can cause an ice pier to deteriorate and become unsafe for
use. In the period between the late 1970s through 2009, ocean current
and wave action reaching McMurdo Sound were lower compared to current
conditions due to more stable ice cover caused by the grounding of the
world's largest iceberg in the early 2000s. Since that time,
conditions, temperatures, and storminess have been more variable.
    When an ice pier has deteriorated to the point that it is not
capable of being used the following year, it is prepared for disposal.
Prior to the disposal of an ice pier, all structures, operational
equipment and materials, debris, and any objects of anthropogenic
origin are removed from the surface of the pier to the safest extent
possible. Additionally, all steel pipes are cut at the ice surface and
removed from the pier leaving only the portion embedded in the ice.
Removal of steel pipes embedded in the ice is not technically feasible
and likely impossible. The gravel cover is removed to the maximum
extent possible and transported to the mainland for subsequent use or
storage. Like steel pipes, removal of gravel embedded in the ice is not
technically feasible. Due to the extreme Antarctic environment, and at
times unpredictable weather, the safety of personnel will always be
considered a higher priority than achieving maximum material removal.
    Before a new ice pier can be constructed during the austral winter
(March through September), the existing ice pier in the same location
must first be ocean disposed. Ocean disposal of an ice pier typically
occurs following the annual delivery of fuel and supplies to McMurdo
Station at the end of the austral summer (approximately late February-
March) when there are 18 to 24 hours of daylight per day.
    If possible, an ice pier may be towed from its location by vessel
(e.g., by a United States Coast Guard icebreaker) for ocean disposal in
McMurdo Sound. The chartered icebreaker is typically at McMurdo Station
for very limited periods (i.e., no more than one month), and it has
been rare for an icebreaker to be at the station when an ice pier needs
to be transported for ocean disposal. The last time an ice pier was
towed from McMurdo Station was 1990. An ice pier is more likely to be
freely released from its site of attachment at the shore in Winter
Quarters Bay when winds and tide conditions are favorable to move the
pier north out of McMurdo Sound. The pier is then carried north by
winds and tide to the Ross Sea gyre and may enter the Antarctic
Circumpolar Current which flows from west to east and carries the ice
pier away from the seasonal sea ice and along the coast of Antarctica.
This path has been well documented from the tracking device reporting,
as initially required under the 2003 general permit and since. The
tracking and reporting requirement is retained in this permit.
Occasionally, a large storm has broken an ice pier loose and caused the
unexpected release of a pier; in such cases, the piers either moved
along the same current paths or became frozen in McMurdo Sound.
Regardless of method of release, the disposal site is McMurdo Sound,
where the pier then floats freely within the ice pack, mix with the
annual sea ice, and eventually disintegrate due to wind or waves.
    The materials dumped under this general permit (other than ice,
which melts naturally) include the remaining materials used in the
construction of the ice pier that cannot be removed prior to disposal,
and generally consist of: (1) 13,000 Feet of one-inch steel cable; (2)
150 feet of eight-inch steel pipe; and (3) 150 feet of 12-inch steel
pipe, all of which remain embedded in the ice because removal is
technically infeasible. Although the general permit generally requires
NSF to remove above-surface materials on the piers and to place a
tracking device on the pier prior to release, this is not always
possible due to safety concerns when conditions deteriorate rapidly;
the permit recognizes the need for disposal in emergency circumstances.
Over the past decade, the placement of materials on the ice pier has
been significantly reduced, decreasing the potential for materials to
enter the ocean if an unplanned release of the pier occurs. The
tracking devices are now secured on the pier and turned on before the
arrival of the ice breaker in case there is an event which causes the
pier to be inadvertently released. When offload operations are complete
and the pier is securely frozen in place for the winter, the tracking
device is turned off and removed from the pier for use in the following
year.

B. Statutory and Regulatory Background

1. Marine Protection, Research, and Sanctuaries (MPRSA)

    Section 102(a) of the MPRSA, 33 U.S.C. 1412(a) requires that
agencies or instrumentalities of the United States obtain a permit to
transport any material from any location for the purpose of dumping
into ocean waters. NSF is an agency or instrumentality of the United
States. MPRSA section 104(c), 33 U.S.C. 1414(c), and EPA regulations at
40 CFR 220.3(a) authorize the issuance of a general permit under the
MPRSA for the dumping of materials which have a minimal adverse
environmental impact and are generally disposed of in small quantities.
The transportation of ice piers from McMurdo Station for disposal at
sea constitutes transportation of material for the purpose of dumping
in ocean waters, and thus is subject to the MPRSA. EPA has determined
that ocean disposal of the material associated with the ice piers is
likely to cause only a minimal adverse environmental effect and
represents comparatively small quantities of unrecoverable non-ice
materials. In the United States, the MPRSA implements the requirements
of the Convention on the Prevention of Marine Pollution by Dumping of
Wastes and Other Matter of 1972, known as the London Convention.

2. Obligations Under International Law

    The Antarctic Science, Tourism, and Conservation Act of 1996
amended the Antarctic Conservation Act of 1978. This law is designed to
implement the provisions of the Protocol on Environmental Protection to
the Antarctic Treaty (``the Protocol''). The United States Senate
ratified the Protocol on April 17, 1997, and it entered into force on
January 18, 1998. The Protocol builds on the Antarctic Treaty to extend
its effectiveness as a mechanism for ensuring protection of the
Antarctic environment. The Protocol designates Antarctica as a natural
reserve, devoted to peace and science, and sets forth basic principles
and detailed, mandatory rules applicable to

human activities in Antarctica. The Protocol prohibits all activities
relating to mineral resources in Antarctica, except for scientific
research, and commits signatories to the Protocol (known as Parties) to
environmental impact assessment procedures for proposed activities,
both governmental and private. Among other things, the Protocol also
requires Parties to protect Antarctic flora and fauna and imposes
strict limitations on disposal of wastes in Antarctica, and discharges
of pollutants into Antarctic waters.
    Several sets of regulations implement the legislation that, in
turn, implements the Protocol, including: (a) NSF regulations regarding
environmental impact assessment of proposed NSF actions in Antarctica
(45 CFR part 641); (b) NSF waste regulations for Antarctica (45 CFR
part 671); and (c) EPA regulations regarding environmental impact
assessment of non-governmental activities in Antarctica (40 CFR part
8).
    In this regard, EPA notes that NSF completed a United States
Antarctic Program (USAP) Environmental Impact Statement (June 1980), a
USAP Final Supplemental Environmental Impact Statement (October 1991),
and a Comprehensive Environmental Evaluation for Continuation and
Modernization of McMurdo Station Area Activities (August 2019)
Additional environmental impact assessments included an Initial
Environmental Evaluation (May 1992) and issued two Records of
Environmental Review: Installation of Freeze Cells in Ice Piers (1998)
and Use of Freeze Cells in Ice piers to Repair Cracks (2000). All these
documents address various aspects of the construction, operation, and
disposal of ice piers at McMurdo Station in Antarctica. The documents
are available for review through the EPA docket for this action and at
the Office of Polar Programs of NSF, 2515 Eisenhower Avenue,
Alexandria, VA 22314. (For further information from NSF, please contact
Polly Penhale, at<PHONE_NUMBER>.) None of these documents identified any
potential environmental impacts from the disposal of ice piers, other
than the minor navigational hazard equivalent to that posed by an ice
floe or a small iceberg. The Agency considered the analyses contained
in these six documents in re-issuance of the general permit for NSF.

C. Potential Effects of Ice Pier Disposal

    EPA's decision to authorize NSF's ocean disposal of ice piers under
this general permit is based on findings regarding three areas of the
ocean disposal of ice piers in ocean waters off the Antarctic: (1) The
fate of the materials disposed in the ocean, (2) the potential effects
of ice pier disposal on organisms in the polar marine environment,
large whales, seals, bird species, and (3) environmental concerns
associated with any operational discharges, leaks, or spills that may
have contaminated the surface of the pier.
    The materials contained in the ice pier that cannot be removed
(approximately 13,000 feet of one-inch steel cable, 150 feet of eight-
inch steel pipe, and 150 feet of 12-inch steel pipe) will, eventually,
sink to the sea floor after the surrounding ice has disintegrated.
While the ice is slowly disintegrating into the Antarctic Sea or the
Southern Ocean, it is possible that loops of cable from partially
disintegrated layers of ice may hang temporarily from the floating
pier. However, considering the normal behavior and habits of whales,
seals, and sea birds, the disposal if ice piers under this permit are
not anticipated to effect any of these species; any effects on species
are extremely unlikely to occur.
    In 1993 and again in 1994, NSF sampled the ice on the surface of
the pier to assess the potential for contamination from discharges of
gasoline and antifreeze. Contamination was detected in only one
location directly under two 55-gallon fuel drums. In response, NSF
issued a directive that all fuel drums shall be underlain with
secondary containment methods. Also, as one of the conditions of the
2003 permit, NSF developed and now implements a spill prevention,
control, and countermeasure (SPCC) plan for its station at McMurdo
Sound under NSF jurisdiction in Antarctica to reduce the potential for
adverse effects associated with any such spills. That plan, updated in
2017, is titled: Spill Prevention, Control, and Countermeasure (SPCC)
Plan, McMurdo Station, McMurdo Sound, Antarctica. The SPCC plan
includes a section addressing fuel storage and transfer systems for the
ice pier at McMurdo Station. With the implementation of new protective
measures in the updated 2017 plan, such as longer length hoses for
unloading petroleum products from the annual supply tanker and new
precautions taken in the handling and return to facilities outside
Antarctica of used or contaminated chemicals, solvents, and hazardous
materials, the risks of any spill or any discharge of these materials
is now lower than under the 2012 SPCC plan. There is considerable
vehicular traffic on the ice pier during the austral summer season, and
the possibility of engine block leaks or discharges from these vehicles
cannot be totally avoided. However, NSF has provided EPA reasonable
assurance that every effort to mitigate the risk of leakages or
discharges is being taken, including limits on the time that vehicles
are parked on the pier and that no vehicles are ever parked on the pier
overnight.

D. Discussion

    Considering the information presented in the previous section, EPA
finds that the potential effects of this disposal are minimal and in
accordance with the statutory standards applicable to permit issuance
under the MPRSA.
    This general permit re-issued to NSF and its agents for the ocean
disposal of man-made ice piers from the NSF station at McMurdo Sound,
Antarctica, is subject to nine specific conditions, outlined below,
applicable during the use and disposal of ice piers.
    First, the general permit requires that NSF continue to maintain
and implement an SPCC plan, consistent with the requirements of 40 CFR
112.3, for man-made ice piers. The SPCC plan (and any update) shall
address procedures for loading and unloading the following materials,
and shall include methods to minimize the accidental release or
discharge of any of the following materials to an ice pier:
    (1) Petroleum products unloaded from supply tankers to the storage
tanks at McMurdo Station;
    (2) Drummed chemicals, petroleum products, and materials unloaded
from cargo freighters to supply depots at McMurdo Station; and
    (3) Materials loaded to freighters destined to be returned to
facilities outside Antarctica.
    (4) Material spilled as a result of thermosyphon use or related
activities.
    Second, the general permit requires that if a spill or discharge
occurs on an ice pier, it must be completely cleaned so that no visible
evidence remains, unless 100% removal would result in greater
environmental risk or put the safety of personnel at risk. All spills
or discharges on an ice pier should be cleaned soon as possible.
    Third, an official record of the following information shall be
kept by NSF:
    (1) The date and time of all spills or discharges, the location of
the spill or discharge, a description of the material that was spilled
or discharged, the approximate volume of the spill or discharge, clean-
up procedures employed, the amount of gravel and/or ice removed, photos
of the spill sites before and after clean-up, if lighting

allows, and the results of clean-up procedures (e.g., estimate of
percentage of spill removed);
    (2) The length of the steel cables and steel pipe used in
construction of the ice pier;
    (3) The length of the steel cables and steel pipe remaining on the
ice pier at the time of its release;
    (4) Any other materials remaining on the ice pier at the time of
its release; and
    (5) The date of detachment of the ice pier from McMurdo Station, as
well as the geographic coordinates (latitude and longitude) of the
point of its release if the release occurs at a location other than
directly from shore at McMurdo Station.
    Fourth, NSF shall place a tracking device on the pier prior to ship
operations each season.
    The fifth condition refers to incidents where an ice pier may be
released from shore if NSF finds that rapid deterioration of a pier is
becoming a threat to human health and safety, or because anticipated
weather conditions (e.g., strong storms) are likely to break an ice
pier apart or break an ice pier loose from its moorings. Should this
unanticipated release be needed, an attempt shall be made to meet all
of the requirements described in the sixth condition below that can be
safely completed given the circumstances.
    The sixth condition describes actions that shall be taken by NSF
prior to the towing of an ice pier to sea for ocean disposal or the
planned release from shore due to the absence of vessels capable of
towing. Actions to be taken by NSF include the following:
    (1) Other than the matter embedded in the ice pier (i.e., the ends
of pipes frozen in the pier, and the strengthening cables), all other
objects (including the non-embedded portions of materials used for
maintaining a connection between the pier and the mainland and any
removable equipment, debris, or objects of anthropogenic origin), shall
be removed from the pier and shall not be disposed in the ocean.
    (2) The gravel non-slip surface of the pier shall be removed to the
maximum extent practicable.
    (3) Documentation including photographs, if lighting allows, of ice
pier clean-up and of the ice pier just prior to, during and after
release shall be developed.
    (4) NSF shall use the tracking device required in condition 4 above
to track the ice piers disposed of under this permit for as long as the
device remains active. NSF shall include the tracking data from this
effort in the annual report that NSF is required to submit to EPA under
condition 7 below.
    Seventh, NSF shall submit a report by June 30 of every year to the
Director of the Oceans, Wetlands, and Communities Division in EPA's
Office of Water. The report must identify:
    (1) Any spills, discharges, or clean-up procedures on the ice pier
at McMurdo Station, including but not limited to:
    a. Amount of surface gravel removed due to spills,
    b. Description of removal of potentially contaminated ice layers,
    c. Images, if lighting allows, documenting the spill sites before
and after clean-up, and
    d. Copies of spill and clean-up records and other records.
    (2) Detailed reports of all ice pier ocean disposals from McMurdo
Station for the year, including:
    a. Detailed descriptions and photographs of release, and if towed,
the name and activity of the vessel associated with the disposal,
    b. The time, date, and geographic coordinates (latitude and
longitude) of the point of release (if released from a location other
than directly from shore at McMurdo Station) in McMurdo Sound or the
Ross Sea and the tracking data as the ice pier moves on its trajectory
in the Southern Ocean,
    c. Other reports and materials (e.g., documents, photos) generated
under permit,
    d. Details of clean-up procedures,
    e. Amounts of all materials remaining on the piers at the time of
release, and
    f. Any tracking efforts of ice piers released from McMurdo Station
under this general permit for the year preceding the date of the annual
report.
    (3) A current copy of the SPCC, if revised or updated since
previous submission.
    The eighth and ninth conditions define the term ``ice pier'' and
explain that the permit shall be valid for seven years, as per the
MPRSA, respectively.
    Any contaminants remaining on the surface of the piers after
release are expected to be minimal and insignificant. The area over
which the disintegration of the piers occurs is immense. Thus, the
dilution of contaminants in ocean waters should be adequate such that
the potential for damage to the environment from ocean disposal of any
McMurdo Station ice piers is minimal. In addition, the possibility of
entanglement of large organisms in suspended loops of cable from the
disintegrating ice piers has been determined by EPA to be very minimal.
(Further discussion of this issue can be found in ``C. Potential
Effects of Ice Pier Disposal,'' above.)
    Finally, the re-issuance of this permit to NSF does not in any way
relieve NSF of meeting the United States' obligations under the
Antarctic Protocol, the Antarctic Conservation Act, or the implementing
regulations.

E. Responses to Comments Received

    EPA received one comment during the public comment period. The
comment raised objections to the steel cable being allowed to remain in
the ice piers disposed at sea and suggested that the steel cable should
be reused or shipped back from Antarctica rather than disposed at sea.
    EPA disagrees that these concerns warrant rejecting the permit re-
issuance application. The steel cable is an essential structural
component of ice piers needed to hold the pier together in the event of
cracking, to maintain the stability of the pier, and for safety, and
more importantly, the cable contained within the ice piers cannot be
safely removed at the end of the useful life of the ice pier. This
general permit is as protective of the environment as possible as it
requires the removal of all materials from the ice pier prior to
disposal except those which cannot be removed because they are embedded
(contained within) in the ice pier itself.

F. Statutory and Executive Order Reviews

Paperwork Reduction Act

    The Paperwork Reduction Act, 44 U.S.C. 3501 et seq., is intended to
minimize the reporting and record-keeping burden on the regulated
community, as well as to minimize the cost of Federal information
collection and dissemination. In general, the Act requires that
information requests and record-keeping requirements affecting ten or
more non-Federal respondents be approved by the Office of Management
and Budget. Because this general permit affects only Federal agency
record-keeping and reporting requirements, it is not subject to the
requirements of the Paperwork Reduction Act.

Brian Frazer,
Director, Oceans, Wetlands, and Communities Division.

    For the reasons stated above, EPA re-issues the general permit for
NSF as follows:

Disposal of Ice Piers From McMurdo Station, Antarctica

    The United States National Science Foundation (NSF) and its agents
are hereby granted a general permit under sections 102(a) and 104(c) of
the Marine Protection, Research, and Sanctuaries Act, 33 U.S.C. 1412(a)
and 1414(c), to transport ice piers from the McMurdo Sound, Antarctica,
research station for

the purpose of ocean dumping, subject to the following conditions:
    (A) The NSF shall implement a spill prevention, control, and
countermeasure (SPCC) plan, consistent with the requirements of 40 CFR
112.3, for the McMurdo Station ice pier. The SPCC plan shall address
procedures for loading and unloading the following materials, and shall
include methods to minimize the accidental release or discharge of any
of the following materials to the ice pier:
    (1) Petroleum products unloaded from supply tankers to the storage
tanks at McMurdo Station;
    (2) Drummed chemicals, petroleum products, and materials unloaded
from cargo freighters to supply depots at McMurdo Station;
    (3) Materials loaded to freighters destined to be returned to
facilities outside Antarctica; and
    (4) Material spilled as a result of thermosyphon use or related
activities.
    (B) If a spill or discharge occurs on an ice pier, it will be
completely cleaned up, such that no visible evidence remains, unless
100% removal would result in greater environmental risk or put the
safety of personnel at risk. All spills or discharges on an ice pier
should be cleaned up soon as possible.
    (C) An up-to-date record of the following information shall be kept
by NSF:
    (1) The date and time of all spills or discharges, the location of
the spill or discharge, a description of the material that was spilled
or discharged, the approximate volume of the spill or discharge,
cleanup procedures employed, the amount of gravel and/or ice removed,
photos of the spill sites before and after clean-up, if lighting
allows, and the results of the clean-up procedures (e.g., estimate of
percentage of spill removed);
    (2) The length of the steel cables and steel pipe used in the
construction of the ice pier;
    (3) The length of the steel cables and steel pipe remaining on the
ice pier at the time of its release;
    (4) Any other materials remaining on the ice pier at the time of
its release; and
    (5) The date of detachment of the ice pier from McMurdo Station and
the geographic coordinates (latitude and longitude) of the point of its
release if the release occurs at a location other than directly from
shore at McMurdo Station.
    (D) NSF shall place a tracking device, as specified in paragraph
(F)(3), on the pier prior to ship operations each season.
    (E) An ice pier may be released from shore if NSF finds that rapid
deterioration of a pier is becoming a threat to human health and safety
or because anticipated weather conditions (e.g., strong storms) are
likely to break an ice pier apart or break an ice pier loose from its
moorings. Should this unanticipated release be needed, an attempt shall
be made to meet all of the requirements described in paragraph F below
that can be safely completed given the circumstances.
    (F) Prior to the towing of an ice pier to sea for ocean disposal or
the planned release from shore due to the absence of vessels capable of
towing, the following actions shall be taken by NSF:
    (1) Other than the matter embedded in the ice pier (i.e., the ends
of pipe frozen in the pier, and the strengthening cables), all other
objects (including the non-embedded portions of materials used for
maintaining a connection between the pier and the mainland and any
removable equipment, debris, or objects of anthropogenic origin), shall
be removed from the pier and shall not be disposed in the ocean.
    (2) The gravel non-slip surface of the pier shall be removed to the
maximum extent practicable.
    (3) Documentation including photographs, if lighting allows, of ice
pier clean-up and of the ice pier just prior to, during and after
release shall be developed.
    (4) NSF shall implement a methodology using the tracking device
placed on the ice pier under Section D above to track the ice piers
disposed of under this permit for as long as the device remains active.
NSF shall include the tracking data from this effort as well as any
visual observations taken regarding the trajectory of the ice pier in
the annual report that NSF is required to submit to EPA under paragraph
G below.
    (G) NSF shall submit a report by June 30 of every year to the
Director of the Oceans, Wetlands and Communities Division, in EPA's
Office of Water, on
    (1) any spills, discharges, or clean-up procedures on the ice pier
at McMurdo Station, including but not limited to:
    a. Amount of surface gravel removed due to spills,
    b. Description of removal of potentially contaminated ice layers,
    c. Images, if lighting allows, documenting the spill sites before
and after clean-up, and
    d. Copies of spill and cleanup records and other records as
developed under Section C above.
    (2) Detailed reports of all ice pier ocean disposals from McMurdo
Station for the year, including:
    a. Detailed descriptions and photographs of release of the ice pier
from shore including documentation about the circumstances that led to
release of the pier from shore and how the pier was released, and if
towed, the name and activity of the vessel associated with the
disposal,
    b. The time, date, and geographic coordinates (latitude and
longitude) of the point of release (if released from a location other
than directly from shore at McMurdo Station) in McMurdo Sound or the
Ross Sea and the tracking data as the ice pier moves on its trajectory
in the Southern Ocean,
    c. All reports/materials (e.g., documents, photos) generated under
paragraphs C, D, E, and F above,
    d. Details of clean-up procedures,
    e. Amounts of all materials remaining on the piers at the time of
release, and
    f. Any tracking efforts of ice piers released from McMurdo Station
under this general permit for the year preceding the date of the annual
report.
    (3) A current copy of the SPCC, if revised or updated since
previous submission.
    (H) For the purpose of this permit, the term ``ice pier(s)'' means
those manmade ice structures containing embedded steel cable, and pipe,
and any remaining gravel frozen into the surface of the pier, that are
constructed at McMurdo Station, Antarctica, for the purpose of off-
loading the annual provision of material and supplies for McMurdo and
South Pole Stations and for loading the previous year's accumulation of
wastes, which are returned to the United States.
    (I) This permit shall be valid for a period of seven years
beginning 30 days after the date of publication in the Federal
Register.

[FR Doc. 2021-26473 Filed 12-6-21; 8:45 am]
BILLING CODE 6560-50-P


Supporting Statement for an Information Collection Request (ICR)
Under the Paperwork Reduction Act (PRA)
EXECUTIVE SUMMARY
Identification of the Information Collection  -  Title and Numbers
Title:
Reporting in the FIFRA Grant Database
EPA ICR No.:
2511.03
OMB Control No.:
2070-0198
Docket ID No.:
EPA-HQ-OPP-2021-0743
Abstract
This ICR describes the burden activities for the electronic collection of information for the pre-award burden activity for creating a work plan and the post-award and after-the-grant award activities related to reporting accomplishments to implement EPA's Federal Insecticide Fungicide and Rodenticide Act (FIFRA) State and Tribal Assistance Grant (STAG) program (7 U.S.C. 136u) (Attachment A).
This ICR augments the ICR entitled "EPA's General Regulation for Assistance Programs ICR" (OMB Control No. 2030-0020; EPA ICR No. 0938.18) which accounts for the current PRA burden for the minimum management requirements for all recipients of EPA grants or cooperative agreements (assistance agreements). This ICR provides the burden assessment for the FIFRA program specific activities associated with using a standardized online template for only the STAG program reporting.

Summary Total Burden and Costs

Number of Respondents
                          Annual Number of Responses
                              Annual Time Burden
                                    (Hours)
                         Annual Cost Burden (Dollars)
Total Respondent
                                      81
                                      162
                                    26,195
                                  $2,102,179
Total Agency

                                    40,362
                                  $3,584,515

SUPPORTING STATEMENT
1. Explain the circumstances that make the collection of information necessary.
This ICR documents the PRA burden for STAG program grantees (states, tribes and territories, hereafter referenced as "grantees") to use a standardized online template format to comply with work plan and reporting requirements which grantees complete and submit online via the FIFRA Grant Database.
Under the STAG program (7 U.S.C. 136u) and in EPA regulations at 40 CFR Parts 30 and 31, grantees are required to provide reports on grant activities to the Office of Pesticide Programs. These regulations implement OMB Circulars A-21, A-87, A-102, A-110, A-122, and A-133. Specifically, the PRA burden related activities set forth for the pre-award, post-award and after-the-grant requirements associated with submitting a work plan, biannual reporting, reporting of enforcement violations of program specific activities (e.g., endangered species, worker protection and container containment) general record keeping, and grant closing requirements.
The burden is accounted for in the EPA's General Regulation for Assistance Programs ICR (OMB Control No. 2030-0020; EPA ICR No. 0938.18) (Attachment B).
This information is utilized by EPA project officers, grant specialists, and finance officials to manage/oversee recipient programmatic and financial performance under all EPA assistance agreements. Without the collection information, rational, fair grant awards would be extremely difficult to make, and financial and technical managerial information would not be available to judge the status of grant efforts.
2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the Agency has made of the information received from the current collection.
The pre-award information (work plan) is used to negotiate with and ensure that the applicants are proposing work activities that align with both national and regional guidance documents and priorities. The post-award information (interim reporting on work activities and updates to work plan) is used to meet the statutory and regulatory requirements concerning monitoring recipient performance. The after-the-grant information is used to meet reporting and recordkeeping requirements and to close out awards. The information is necessary to ensure accountability of EPA funds and to deter waste, fraud, and abuse.
The benefits of using the online template format and submission include a reduction of the administrative burden on grantees and EPA by streamlining the workplan and report development. In addition, the use of a standardized online template provides certainty of work expectations and aids EPA's oversight responsibility by aligning the grant guidance and the workplan. Lastly, the use of the online template standardizes the reporting information nationally thus increasing consistency in work plans and reports; and facilitating national compilation of data for analysis to identify trends, significant issues, or innovations.
3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.
The Agency's burden activities and methodology for collecting the online template information include consultation with grantees with questions about the online template completion, developing mid-year and year-end reports, providing the online template submissions to Regional Management and Headquarters and working with Regional Grants offices.

The following describes the Respondent burden activities when using the online template to submit the status of the work plan and other reporting activities. Under 40 CFR part 35.107 grantees are required to submit a work plan. The FIFRA Grant Database contains a work plan tab for the grantee to insert the exact activities the grantee will be completing based upon the priorities as specified in the National FIFRA Cooperative Agreement Guidance that is revised on a four (4) year cycle, and as negotiated between the regions and grantees. These priorities fall broadly under the categories of programmatic work, compliance and enforcement, and certification and training of pesticide applicators. Under 40 CFR part 35.115 grantees are required to submit an end of year report. The online template in the FIFRA Grant Database contains specific reporting tabs for enforcement outputs, as well as space within the work plan tab to discuss accomplishments as measured against work plan commitments.
Instructions for completing the online template are shown in Attachments E & F, and the FIFRA Grant Database itself is provided in Attachment G. Since the cooperative agreement priorities among the states, tribes and territories are not the same and the national priorities change depending on the Agency budget, the online template provides a flexible format to accommodate the variety of activities and program changes over time. Generally, the template is sectioned into a series of "tabs" or categories, including:
Tab
Description
Start
Respondents provide responses to eight (8) basic questions: Name; Grantee; Agreement Type; Number of Years the Agreement Covers; Project Period; Which Budget Period the Work plan/Report Corresponds to; Work plan/Report Status; and Date.
Narrative
Respondents have the option to submit additional narratives that do not fit anywhere else in the Template, such as: authority to accept the cooperative agreement, legislative changes, Quality Assurance Project Plans (QAPPs), neutral administrative inspection schemes, case review results, etc.
Budget
Grantees can either enter budget information directly into the spaces provided in the Template or embed a separate document (Word, PPT, PDF files) into this tab.
Work plan
The required activities areas included in the national guidance from which the grantee must select priority work.
Outcomes
This chart includes all the program areas listed in the national FY18-21 cooperative agreement guidance, and links them to potential outcomes from work done in each program area, and to the appropriate goal in EPA's Strategic Plan.  The grantee adjusts the outcomes as necessary to match work contained in the grantee's Work Plan.
Enforcement (5700 Group reports)
This section of the Template allows the grantee to complete three 5700 forms related to projections and accomplishments related to inspections for enforcement, worker protection and container/containment concerns.
Endangered Species
Grantees complete projections and accomplishments sections related to inspections for Endangered Species Inspections.
Performance Measures
Grantees collect information to help determine the effectiveness of the program; provide data for management decisions and inform Congress and the public on the value of the program.

4. Describe efforts to identify duplication
There is no other source for this information. Pursuant to the individual Cooperative Agreements, grantees must fulfill the work plan and reporting requirements by utilizing the excel web-based template (EPA Form 5700, Attachment I) and new pilot web-based template in the FIFRA Grant Database. Thus, grantees do not need to submit reports via paper copy.
5. If the collection of information impacts small businesses or other small entities, describe the methods used to minimize burden.
EPA believes the reporting requirements discussed in this ICR do not place an unreasonable burden on small entities; the estimated burdens cannot be further reduced for small entities. EPA needs the information requested to make award decisions, properly manage assistance agreements, maintain records, and monitor performance. This requested information may, in some cases, be dependent on the type of entity (e.g., state agency, territory, or tribe.) but is not dependent on an entity's relative size. EPA takes active steps to minimize the burden on small entities in the form of guidance materials and electronic forms. In most cases, the requirements do not impose a large burden on small entities because the information required is simple and straightforward.
6. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.
No less frequent collection is possible in accordance with OMB requirements. This information is utilized by EPA project officers, grant specialists, and finance officials to manage/oversee recipient programmatic and financial performance under all EPA assistance agreements. Without the collection information, rational, fair grant awards would be extremely difficult to make, and financial and technical managerial information would not be available to judge the status of grant efforts.
7. Explain any special circumstances that require the collection to be conducted in a manner inconsistent with OMB guidelines.
   a)  requiring respondents to report information to the agency more often than quarterly;
   b)  requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;
   c)  requiring respondents to submit more than an original and two copies of any document;
   d)  requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records, for more than three years;
   e)  in connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study;
   f)   requiring the use of a statistical data classification that has not been reviewed and approved by OMB;
   g)  that includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or
   h)  requiring respondents to submit proprietary trade secrets, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.
Recipients keep their records for three (3) years after the date they submit the final SF 269, "Financial Status Report" unless otherwise directed by EPA. Therefore, the recordkeeping activities briefly described herein are in compliance with OMB's guideline that agencies do not require that records be retained for more than 3 years (5 CFR 1320.5(d)(2)(iv)).
8. If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken in response to the comments. Specifically address comments received on cost and hour burden.
Describe efforts to consult with persons outside EPA to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or report.
Pursuant to 5 CFR 1320.8(d), EPA will publish a notice in the Federal Register, announcing the planned renewal of this information collection activity, soliciting public comment on specific aspects of the ICR and providing a 60-day public comment period.
In addition to the public notice that EPA will publish in the Federal Register concerning the renewal of this ICR, EPA staff will contact appropriate stakeholders and ask them for their assessment of the regulatory burden estimates expressed by the Agency in this ICR. A summary of the full consultation will be provided in Attachment C.
9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.
This question is not applicable to this ICR.
10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy.
No pledge of confidentiality is given for applicant responses.
11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private.
No information of a sensitive or private nature is requested in conjunction with these information collection activities, and these information collection activities comply with the provisions of the Privacy Act of 1974 and OMB Circular A-108, as amended, "Responsibilities for the Maintenance of Records about Individuals by Federal Agencies."
12. Provide estimates of the hour burden of the collection of information.
 Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. Generally, estimates should not include burden hours for customary and usual business practices.
 If this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens.
 Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead, this cost should be included under `Annual Cost to Federal Government'
Whereas the information collection activities approved under OMB Control No. 2030-0020 (EPA ICR No. 0938.18) generally apply to grantees across multiple program areas; this ICR addresses only information collection activities that are undertaken by FIFRA grantees. Grantees complete a work plan at the beginning of the project period as part of the cooperative agreement application package.
In 2019, a workgroup comprised of EPA, state and tribal representatives converted the FIFRA Work Plan and Report Template (FIFRA Template), which was in Excel, EPA Form 5700 (Attachment I), into a pilot program of a web-based system housed in the Central Data Exchange (CDX) platform, called the FIFRA Grant Database (FGD).
The FGD incorporates the exact same information as the Excel web-based FIFRA Template, including proposed work activities from the FIFRA Cooperative Agreement Guidance; the grantee's workplan; the grantee's yearend report; as well as the EPA regional project officer's yearend report. The FGD has been available for use by the same stakeholders as the FIFRA Template in 2021 and provides a better customer experience. When the permanent use of the pilot program is approved by OMB, then the use of the FGD will become mandatory (replacing the excel web-based system entirely for Respondents/grantees to submit data to the FIFRA Grant Database online- via the internet and available to all grantees, states, territories, and tribes, participating in the STAG program.  The FIFRA Grant Database is free of charge.  The minimum requirement for use of the FGD is internet access which most states, territories and tribes currently use for business purposes. Semi-annually, states will fill out the online template information and notify the Agency via email. To assist the states, tribes, and territories a guidance document is provided to the grantees, Fiscal Year 2022-2025 FIFRA Cooperative Agreement Guidance | US EPA.  As necessary, the Agency may also provide webinar training periodically to assist states and tribes using the FIFRA Grant Database
OPP is using labor cost estimates generated by Agency economists with respect to wages, benefits and overhead for all labor categories for affected industries, state government, and EPA employees.  This approach uses a transparent and consistent methodology employing publicly available data to provide more accurate estimates and allow easy replication of the calculations (Attachment H).
Methodology: The methodology uses publicly available wage data for each sector and labor type for an Unloaded wage rate (hourly wage rate) and calculates the Loaded wage rate (unloaded wage rate + benefits) and the Fully loaded wage rate (loaded wage rate + overhead).  Fully loaded wage rates are used to calculate the Agency's staffing costs. Costs use 2020 base data from the Bureau of Labor Statistics (BLS).
Unloaded Wage Rate:  Wages are estimated for labor types (management, technical, and clerical) within applicable sectors. The Agency uses average wage data for the relevant sectors available in the National Industry-Specific Occupational Employment and Wage Estimates from the Bureau of Labor Statistics (BLS).  (See http://www.bls.gov/oes/current/oes_nat.htm).
Sectors:  The specific North American Industry Classification System (NAICS) code and website for each sector is included in that sector's wage rate table.  Within each sector, the wage data are provided by Standard Occupational Classification (SOC).  The SOC system is used by Federal statistical agencies to classify workers into occupational categories for the purpose of collecting, calculating, or disseminating data (see http://www.bls.gov/oes/current/oes_stru.htm).
Loaded Wage Rate:  Unless stated otherwise, all benefits represent 44.9% of unloaded wage rates, based on benefits for all civilian non-farm workers, from https://www.bls.gov/news.release/archives/ecec_09162021.pdf. However, if other sectors are listed for which 44.9% is not applicable, the applicable percentage will be stated..
Fully Loaded Wage Rate:  The fully loaded wages include benefits and overhead costs. The loaded wage rate is multiplied by 50% (EPA guidelines 20-70%) to get overhead costs.
Using these data and methodology, the BLS (unloaded) wage rates used to calculate the respondent costs for this renewal are $46.19 and $31.60per hour for managerial and technical labor hour costs, respectively, which equates to $101.49 and $68.69, when calculated on a fully loaded basis as described above. There are no clerical costs estimated for respondents in this ICR. These wage rates reflect the average hourly wage rate estimate provided by BLS for the North American Industry Classification System (NAICS) code for State Government (NAICS code 999200).
      Estimating the Respondent Burden and Cost
Currently we receive 162 annual responses from 81 states, tribes and territories are active FIFRA grantees under the current STAG program. To establish the burden hour estimate and costs for FIFRA grantees (states, tribes and territories, hereafter referenced as "grantees") to use the Template, EPA solicited burden data from 9 states, 7 of which (Oregon, New York, Massachusetts, New Mexico, Pennsylvania, Virginia, and Vermont) provided a detailed breakdown by activity for the Template. The responses of these 7 FIFRA STAG grantees is the basis for estimating the burden hours and costs for completing all grant reporting using the Template. Table 1 displays the "per Template" (one complete annual reporting cycle using the Template) burden and cost of the specific FIFRA program grant reporting activities as reported on the Template.
There are no capital costs related to completing EPA grant applications and the related reporting requirements in the FIFRA Template and there are no operating and maintenance costs associated with these activities. The previous section, 6 (a), describes how the labor costs are derived. The total estimated burden hours per Template is 323.40. The total estimated burden cost per Template is $28,082. Since there is only one Template per grantee, the total number of Templates is the same, 81. The total annual burden hours for all respondents is 26,195 (323.40 X 81 Templates/respondents). The total annual burden cost for all respondents is $2,274,664 ($28,082X 81 Templates/respondents).
Table 1  -  Annual Average Burden Hour and Cost Estimate "per Template" for each FIFRA Grantee
                            Annual Burden Activity
                                 Burden hours
                              (by Labor category)
                  Total Estimated Burden Hours (by activity)
                                 Burden Costs
                              (by Labor category)
                   Total Estimated Burden Cost (by activity)
                             T5(Each Template Tab)

Manager
Technical

Manager
Technical

$101.4/hr
 $68.69/hr

Start[1]
                                     11.25
                                       8
                                     19.25
$1,142
$550

Narrative
                                     14.25
                                      20
                                     34.25
$1,446
$1,374
$2,820
Budget
                                     21.25
                                       0
                                     21.25
$2,157
 $0
$2,157
Work Plan
                                      27
                                      32
                                      59
$2,740
$2,198
$4,938
Outcomes
                                     22.2
                                     28.5
                                     50.7
$2,253
$1,958
$4,211
5700 Main
                                      5.7
                                     11.5
                                     17.2
$578
$790
$1,368
5700 WPS
                                       2
                                       3
                                       5
$203
$206
$409
5700 Container Containment (CC)
                                      1.5
                                      7.5
                                       9
$152
$515
$667
Endangered Species
                                      12
                                       4
                                      16
$1,218
$275
$1,493
Performance Measures
                                      11
                                      10
                                      21
$1,116
$687
$1,803
Review Template for accuracy/errors
                                      28
                                     14.5
                                     42.5
$2,842
$996
$3,838
Management final review and submittal to EPA
                                     21.5
                                       1
                                     22.5
$2,182
$69
$2,251
File Template report (record keeping)
                                     1.25
                                      4.5
                                     5.75
$127
$309
$436
                             Total (per Template)
                                    178.90
                                    144.50
                                    323.40
$18,157
$9,926
$28,082
Numbers may not add due to rounding.
Source: Bureau of Labor Statistics, NAICS 999200  -  State Government, May 2020 data, http://www.bls.gov/oes/current/naics4_999200.htm, Last Modified Date: March 31, 2021 (Attachment H)
[1] Includes time spent in consultation with EPA to help the grantee with this process.
For the FIFRA program specific ICR burden hour projections, the estimates and cost projected assume that all the grantees, 81 states, territories, and tribes, are using the online template for their work plan and reporting requirements and will continue to do so. Estimates of the burden are expressed as one complete annual reporting event using the FIFRA Grant Database, which includes a mid-year and year-end report (biannual reporting). The estimate assumes that all grantees will conduct all the activities in the FIFRA Grant Database. This is a conservative estimate since not all 81 FIFRA grantees will participate in all of the FIFRA grant program activities or have the same number of grant contract years (i.e., 3 years vs. 1 year).
13. Provide an estimate for the total annual cost burden to respondents or recordkeepers resulting from the collection of information.
 The cost estimate should be split into two components: (a) a total capital and start-up cost component (annualized over its expected useful life) and (b) a total operation and maintenance and purchase of services component. The estimates should take into account costs associated with generating, maintaining, and disclosing or providing the information. Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the time period over which costs will be incurred. Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling and testing equipment; and record storage facilities.
 If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance. The cost of purchasing or contracting out information collections services should be a part of this cost burden estimate. In developing cost burden estimates, agencies may consult with a sample of respondents (fewer than 10), utilize the 60-day pre-OMB submission public comment process and use existing economic or regulatory impact analysis associated with the rulemaking containing the information collection, as appropriate.
 Generally, estimates should not include purchases of equipment or services, or portions thereof, made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not associated with the information collection, (3) for reasons other than to provide information or keep records for the government, or (4) as part of customary and usual business or private practices.

There are no operational and/or maintenance costs.
14. Provide estimates of annualized cost to the Federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information. Agencies may also aggregate cost estimates from Items 12, 13, and 14 in a single table.
The data collected online will be reviewed periodically to identify and eliminate duplication in reporting requirements. The Agency will conduct periodic on-site reviews to ensure recipients are compliant with applicable requirements.  The FIFRA Grant Database will be reviewed in accordance with the requirements of 40 CFR Parts 30 and 31, see Attachment D. A summary of the annual Agency burden hours and costs are summarized in Table 2.
To calculate the Agency burden, in 2014 EPA surveyed its Regional offices. The estimated average annual Agency burden hours is 498.3 to assist and process all the annual paperwork for STAG grantees. The program is implemented in 10 EPA regional offices. A regional office may oversee one or more STAG grants within the region. Wage rates reflect the average hourly wage rate estimate provide by the Bureau of Labor Statistics for the North American Industry Classification System (NAICS) code for the federal government (NAICS code 999100). Similar to the respondent labor cost data, 2017 BLS base data is used. The unloaded wage rates from BLS are $63.67, $42.00, and $23.24 per hour for managerial, technical, and clerical labor hour costs, respectively. The fully loaded wage rates used to calculate the Agency labor costs for this renewal are $138.40, $91.30, and $50.52per hour for managerial, technical, and clerical labor hour costs, respectively. Please see section 6(a) for details on how fully loaded wages are calculated.
The total estimated Agency burden hours (per grantee) per Template is 498.3. The total estimated Agency burden cost (per grantee) per Template is $47,239. Since there is only one Template per grantee, the total number of Templates is the same, 81. The total annual Agency burden hours is 40,362 (323.40 X 81 Grantees/ Templates). The total annual Agency burden cost is $3,826,372 ($47,239 X 81 Grantees/ Templates).

Table 2 - Agency Annual Average Burden Hour and Cost Estimate "per Template"
                                  Activity
                                    Manager
                                   Technical
                                   Clerical
                                    Totals

                                     Hrs.
$138.40/hr
                                     Hrs.
                                   $91.30/hr
                                     Hrs.
                                   $50.52/hr
                                 Burden (hrs)
                                   Costs ($)
Consult with Grantee and respond to questions about Template completion
                                       2
                                     $277
                                      102
                                     $9,313
                                       0
                                       0
                                      104
                                     $9,589
Developing mid-year and year end reports (columns P-R)
                                      27
                                     $3,737
                                      212
                                    $19,356
                                      2.5
                                     $126
                                     241.5
                                    $23,219
Submit Template to regional management and HQ
                                      0.7
                                      $97
                                     20.1
                                     $,1835
                                       0
                                       0
                                     20.8
                                     $1,932
Working with the regional grants office (Region 1)
                                       0
                                      $0
                                      12
                                     $1,096
                                       0
                                       0
                                      12
                                     $1,096

Region 6[1]
                                      9.5
                                     $1,315
                                     110.5
                                    $10,089
                                       0
                                       0
                                      120
                                    $11,403
Total (per Template)
                                     39.2
                                     $5,425
                                     456.6
                                    $41,688
                                      2.5
                                     $126
                                     498.3
                                    $47,239
Numbers may not add due to rounding.
Source: Bureau of Labor Statistics, NAICS 999200  -  State Government, May 2020 data, http://www.bls.gov/oes/current/naics4_999200.htm, Last Modified Date: March 31, 2021 (Attachment H)
[1]Region 6 did not provide a burden breakdown of activities so only a summary of the annual activities' estimates are provided.
15. Explain the reasons for any program changes or adjustments reported in Items 13 (or 14) of OMB Form 83-I.
Table 3 represents the annual grantee per Template burden of the required grant reporting for the FIFRA program specific activities. The total annual burden hours for all respondents (i.e., 81 STAG grantees) is 26,195 (323.40 X 81 Templates/respondents). The total annual burden cost for all respondents is $2,274,664 ($28,082 X 81 Templates/respondents). The total annual Agency burden hours is 40,362 (498.3 X 81 respondents). The total annual Agency burden cost is $3,826,372 ($47,239 X 81 respondents).
Due to an error, the "per event" estimate was incorrectly estimated at 46.15 hours for to conduct STAG grant activities. The "per event" number should be 323.4 hours for conducting STAG activities.
Table 3. Total Annual Burden Hour and Cost for Respondents and Agency

                              Annual Burden Hours
                              Annual Burden Costs
Respondents /Grantees (81 States, Tribes, territories  -  per event reporting in the FIFRA Template)
                                    26,195
                                  $2,102,179

Agency processing burden for all 81 STAG grants annually
                                    40,362
                                  $3,584,515

For this renewal ICR, there is no increase over the currently approved ICR in terms of the per event annual paperwork burden hours for grantees to use the FIFRA grant Database. The FIFRA STAG Grant online template annual per respondent burden was corrected at 323.4 burden hours and the overall burden since the renewal ICR remains the same; all 81 recipients may use the reporting tool and instructions. The overall burden hours is therefore also the same at 26,195 hours. The burden cost in this ICR has increased relative to the previous ICR due to updating the wages (from 2017 to 2020). This change qualifies as an adjustment.
16. For collections whose results will be published, outline the plans for tabulation and publication.
Specific schedules for the collection of the FIFRA Grant Database information are outlined in the Cooperative Agreement Guidance, 2022-2025 (Attachment F). See Fiscal Year 2022-2025 FIFRA Cooperative Agreement Guidance | US EPA  Biannual reporting is the average reporting period.
17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons why display would be inappropriate.
This question not applicable to this ICR
18. Explain each exception to the certification statement identified in Item 19 of OMB Form 83-I.
EPA does not request an exception to the certification of this information collection.
SUPPLEMENTAL INFORMATION
 This collection of information is approved by OMB under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. (OMB Control No. 2070-0198). Responses to this collection of information are mandatory for certain persons, as specified at 40 CFR Parts 30 and 31. 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 public reporting and recordkeeping burden for this collection of information is estimated to be 87.55 hours per response. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates and any suggested methods for minimizing respondent burden to the Regulatory Support Division Director, U.S. Environmental Protection Agency (2821T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed form to this address."
LIST OF ATTACHMENTS
The attachments listed below can be found in the docket for this ICR or by using the hyperlink that is provided in the list below. The docket for this ICR is accessible electronically through https://www.regulations.gov using Docket ID Number: EPA-HQ-OPP-2021-0743.
Attachment
Description
                                       A
EPA's Federal Insecticide Fungicide and Rodenticide Act State and Tribal Assistance Grant (STAG) program (7 U.S.C. 136u).
                                       B
"EPA's General Regulation for Assistance Programs ICR" (OMB Control No. 2030-0020; EPA ICR No. 0938.18).
                                       C
(Reserved for Consultation)
                                       D
Uniform Administrative Requirements: All assistance awards are subject to the requirements of the Uniform Administrative Requirements for Grants and Agreements; Title 40 CFR, Part 30 for Institutions of Higher Education, Hospitals and Other non-Profit Organizations or Part 31 for State and Local Governments. More information is available online at: EPA General terms and conditions applicable to 40 CFR part 30 and 31 recipients effective October 1, 2014 | US EPA
                                       E
Instructions for entering information into the FIFRA Grant Database
                                       F
Fiscal Year 2022-2025 FIFRA Cooperative Agreement Guidance | US EPA
                                       G
FIFRA Grant Database Screen Shots
                                       H
Work Sheets Used to Calculate Respondent Labor Costs and EPA and Federal Government Labor Costs for the State and Tribal Assistance Grant (STAG) program (OMB Control No. 2070-0198, EPA ICR No. 2511.03).
                                       I
FIFRA Work Plan and Report Template; EPA Form No. 5700 (2019 Excel-based Template)


[Federal Register Volume 87, Number 95 (Tuesday, May 17, 2022)]
[Rules and Regulations]
[Pages 29837-29839]
[FR Doc No: 2022-10041]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2021-0558; FRL-9224-02-R3]

Air Plan Approval; Pennsylvania; Revision of the Maximum
Allowable Sulfur Content Limit for Number 2 and Lighter Commercial Fuel
Oil in Allegheny County

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the Commonwealth of
Pennsylvania on behalf of the Allegheny County Health Department
(ACHD). The revision updates Allegheny County's portion of the
Pennsylvania SIP, which includes regulations concerning sulfur content
in fuel oil. This revision pertains to the reduction of the maximum
allowable sulfur content limit for Number 2 (No. 2) and lighter
commercial fuel oil, generally sold and used for residential and
commercial furnaces and oil heat burners for home or space heating,
water heating or both, from the current limit of 500 parts per million
(ppm) to 15 ppm. EPA is approving these revisions to the Pennsylvania
SIP in accordance with the requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on June 16, 2022.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2021-0558. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available through
https://www.regulations.gov, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Sean Silverman, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
5511. Mr. Silverman can also be reached via electronic mail at
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On November 26, 2021 (86 FR 67418), EPA published a notice of
proposed rulemaking (NPRM) that proposed approval of a SIP revision
that incorporates ACHD's updated low-sulfur fuel oil provisions into
the Pennsylvania SIP. The SIP revision was submitted by Pennsylvania on
December 1, 2020, requesting that EPA incorporate ACHD's revisions to
Allegheny County's Regulations, codified at Article XXI section
2104.10, into the Pennsylvania SIP. In response to the NPRM, EPA
received one comment supporting the proposed action which can be found
in the docket. EPA received no adverse comments.

II. Summary of SIP Revision and EPA Analysis

    The SIP revision incorporates amendments to Article XXI section
2104.10 which set the maximum allowable sulfur content limit for
various fuel types into the Pennsylvania SIP. The amendments to Article
XXI section 2104.10, reduce the SIP approved maximum allowable sulfur
content limit for No. 2 and lighter commercial fuel oil, generally sold
for

and used in residential and commercial furnaces and oil heat burners
for home or space heating, water heating, or both, from a limit of 500
ppm of sulfur to 15 ppm. The amendments to Article XXI section 2104.10,
became effective on September 1, 2020.
    The low-sulfur fuel oil provisions will aid in reducing regional
haze and visibility impairment in Pennsylvania. Additionally, decreased
emissions of sulfur dioxide (SO2) will contribute to the
attainment, maintenance, or both, of the SO2 and particulate
matter (PM2.5) National Ambient Air Quality Standards
(NAAQS) in Pennsylvania and surrounding areas. Other specific
requirements of the SIP revision and the rationale for EPA's proposed
action are explained in the NPRM and will not be restated here.
Relevant support documents for this action are available online at
http://www.regulations.gov, Docket number EPA-R03-OAR-2021-0558.

III. EPA's Response to Comments Received

    EPA received one comment, from the State of New Jersey, supporting
our proposed action in the November 26, 2021, NPRM. The comment
received is in the docket for this rulemaking action. We received no
adverse comments.

IV. Final Action

    EPA is approving, as a SIP revision, the Commonwealth of
Pennsylvania's December 1, 2020, submittal revising the maximum
allowable sulfur content limit for No. 2 and lighter commercial fuel
oil in Alleghany County.

V. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of
Pennsylvania's maximum allowable sulfur content limit for No. 2 and
lighter commercial fuel oil regulation described in Allegheny County's
Regulations, codified at Article XXI section 2104.10. EPA has made, and
will continue to make, these materials generally available through
https://www.regulations.gov and at the EPA Region III Office (please
contact the person identified in the For Further Information Contact
section of this preamble for more information). Therefore, these
materials have been approved by EPA for inclusion in the SIP, have been
incorporated by reference by EPA into that plan, are fully federally
enforceable under sections 110 and 113 of the CAA as of the effective
date of the final rulemaking of EPA's approval, and will be
incorporated by reference in the next update to the SIP compilation.\1\
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

VI. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this 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);
     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 CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 18, 2022. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action which pertains to commercial fuel oil sulfur limits
for combustion and sale in Alleghany County, may not be challenged
later in proceedings to enforce its requirements. (See section
307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Particulate matter, Regional Haze, Sulfur oxides.

Adam Ortiz,
Regional Administrator, Region III.

    For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (c)(2) is amended by
revising the entry for ``2104.10'' to read as follows:

Sec.  52.2020  Identification of plan.

* * * * *
    (c) * * *
    (2) * * *

----------------------------------------------------------------------------------------------------------------
                                                          State
   Article XX or XXI citation        Title/subject      effective    EPA approval date   Additional explanation/
                                                           date                          Sec.   52.2063 citation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                      Part D--Pollutant Emission Standards
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
2104.10.........................  Commercial Fuel Oil     09/01/20  05/17/22, [insert    Amended sections
                                                                     Federal Register.    2104.10 (a), and
                                                                    citation]..........   2104.10(d). Previous
                                                                                approval (5/2/2019, 84
                                                                                FR 18739).

                                                  * * * * * * *
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* * * * *
[FR Doc. 2022-10041 Filed 5-16-22; 8:45 am]
BILLING CODE 6560-50-P