[Federal Register Volume 84, Number 83 (Tuesday, April 30, 2019)]
[Notices]
[Page 18337]
[FR Doc No: 2019-08735]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. 2019-21]

Petition for Exemption; Summary of Petition Received; Midwest
Turbine Service

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Federal Aviation Regulations. The
purpose of this notice is to improve the public's awareness of, and
participation in, the FAA's exemption process. Neither publication of
this notice nor the inclusion or omission of information in the summary
is intended to affect the legal status of the petition or its final
disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before May 20, 2019.

ADDRESSES: Send comments identified by docket number FAA-2018-1041
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation, 1200 New Jersey Avenue SE, Room W12-140,
West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Miles Anderson<PHONE_NUMBER>, Office
of Rulemaking, Federal Aviation Administration, 800 Independence Avenue
SW, Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on April 24, 2019.
Brandon Roberts,
Deputy Executive Director, Office of Rulemaking.

Petition For Exemption

    Docket No.: FAA-2018-1041.
    Petitioner: Midwest Turbine Service.
    Section(s) of 14 CFR Affected: Sec.  145.109(d).
    Description of Relief Sought: Midwest Turbine Service seeks an
exemption from the requirement to have current data available and
accessible when the work performed uses other methods, techniques and
processes acceptable to the FAA.

[FR Doc. 2019-08735 Filed 4-29-19; 8:45 am]
 BILLING CODE 4910-13-P


RENEWAL OF INFORMATION COLLECTION REQUEST FOR THE EPISODIC RELEASES OF
OIL AND HAZARDOUS SUBSTANCES

  TOC \o "1-3" \h \z \u    HYPERLINK \l "_Toc261866338"  1.
IDENTIFICATION OF THE INFORMATION COLLECTION	  PAGEREF _Toc261866338 \h
3

  HYPERLINK \l "_Toc261866339"  1a.	Title of the Information Collection
 PAGEREF _Toc261866339 \h  3

  HYPERLINK \l "_Toc261866340"  1b.	Short Characterization/Abstract
PAGEREF _Toc261866340 \h  3

  HYPERLINK \l "_Toc261866341"  2.	NEED FOR AND USE OF THE COLLECTION
PAGEREF _Toc261866341 \h  4

  HYPERLINK \l "_Toc261866342"  2a.	Need and Authority for the
Collection	  PAGEREF _Toc261866342 \h  4

  HYPERLINK \l "_Toc261866343"  2b.	Practical Utility and Users of the
Data	  PAGEREF _Toc261866343 \h  5

  HYPERLINK \l "_Toc261866344"  3.	NON DUPLICATION, CONSULTATIONS, AND
OTHER COLLECTION CRITERIA	  PAGEREF _Toc261866344 \h  5

  HYPERLINK \l "_Toc261866345"  3a.	Non Duplication	  PAGEREF
_Toc261866345 \h  5

  HYPERLINK \l "_Toc261866346"  3b.	Public Notice Required Prior to ICR
Submission to OMB	  PAGEREF _Toc261866346 \h  7

  HYPERLINK \l "_Toc261866347"  3c.	Consultations	  PAGEREF
_Toc261866347 \h  7

  HYPERLINK \l "_Toc261866348"  3d.	Effects of Less Frequent Collection
 PAGEREF _Toc261866348 \h  7

  HYPERLINK \l "_Toc261866349"  3e.	General Guidelines	  PAGEREF
_Toc261866349 \h  7

  HYPERLINK \l "_Toc261866350"  3f.	Confidentiality	  PAGEREF
_Toc261866350 \h  8

  HYPERLINK \l "_Toc261866351"  3g.	Sensitive Questions	  PAGEREF
_Toc261866351 \h  8

  HYPERLINK \l "_Toc261866352"  4.	THE RESPONDENTS AND THE INFORMATION
REQUESTED	  PAGEREF _Toc261866352 \h  8

  HYPERLINK \l "_Toc261866353"  4a.	Respondents and SIC Codes	  PAGEREF
_Toc261866353 \h  8

  HYPERLINK \l "_Toc261866354"  4b.	Information Requested	  PAGEREF
_Toc261866354 \h  8

  HYPERLINK \l "_Toc261866355"  i.	Data items, including record keeping
requirements	  PAGEREF _Toc261866355 \h  8

  HYPERLINK \l "_Toc261866356"  ii.	Respondent Activities	  PAGEREF
_Toc261866356 \h  9

  HYPERLINK \l "_Toc261866357"  5.	THE INFORMATION COLLECTED – AGENCY
ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT	  PAGEREF
_Toc261866357 \h  10

  HYPERLINK \l "_Toc261866358"  5a.	Agency Activities	  PAGEREF
_Toc261866358 \h  10

  HYPERLINK \l "_Toc261866359"  5b.	Collection Methodology and
Management	  PAGEREF _Toc261866359 \h  11

  HYPERLINK \l "_Toc261866360"  5c.	Small Entity Flexibility	  PAGEREF
_Toc261866360 \h  11

  HYPERLINK \l "_Toc261866361"  5d.	Collection Schedule	  PAGEREF
_Toc261866361 \h  11

  HYPERLINK \l "_Toc261866362"  6.	ESTIMATING THE BURDEN AND COST OF THE
COLLECTION	  PAGEREF _Toc261866362 \h  12

  HYPERLINK \l "_Toc261866363"  6a.	Estimating Respondent Burden
PAGEREF _Toc261866363 \h  12

  HYPERLINK \l "_Toc261866364"  6b.	Estimating Respondent Costs
PAGEREF _Toc261866364 \h  13

  HYPERLINK \l "_Toc261866365"  i.	Estimating Labor Costs	  PAGEREF
_Toc261866365 \h  13

  HYPERLINK \l "_Toc261866366"  ii.	Estimating Capital and Operations
and Maintenance Costs	  PAGEREF _Toc261866366 \h  14

  HYPERLINK \l "_Toc261866367"  6c.	Estimating Agency Burden and Cost
PAGEREF _Toc261866367 \h  14

  HYPERLINK \l "_Toc261866368"  6d.	Estimating the Respondent Universe
and Total Burden and Cost	  PAGEREF _Toc261866368 \h  15

  HYPERLINK \l "_Toc261866369"  6e.	Bottom Line Burden Hours and Cost
Tables	  PAGEREF _Toc261866369 \h  16

  HYPERLINK \l "_Toc261866370"  6f.	Reasons for Change in Burden
PAGEREF _Toc261866370 \h  16

  HYPERLINK \l "_Toc261866371"  6g.	Burden Statement	  PAGEREF
_Toc261866371 \h  17

IDENTIFICATION OF THE INFORMATION COLLECTION

Title of the Information Collection

Notification of Episodic Releases of Oil and Hazardous Substances - EPA
No. 1049.12.

Short Characterization/Abstract

This information collection request (ICR) addresses the reporting and
recordkeeping activities required to comply with the release
notification requirements for hazardous substances and oil specified in
section 103(a) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (CERCLA), as amended, and
section 311 of the Clean Water Act (CWA), as amended.  These reporting
requirements are codified at 40 CFR parts 110, 117, and 302.  This ICR
renews the collection activity previously approved under OMB No.
2050-0046 and applies to the period February 1, 2011 through January 31,
2014.  Estimates of the burden placed on industry and the government to
comply with the release notification requirements are presented on an
annual basis.

CERCLA section 103(a) and CWA section 311 require the person in charge
of a facility or vessel to immediately notify the National Response
Center (NRC) of a hazardous substance release into the environment if
the release quantity equals or exceeds the substance’s reportable
quantity (RQ) level and an oil discharge into U.S. waters.  The
regulated community is expected to:

•	Gather necessary release data, such as the time, quantity, and
source of the release;

•	Notify the facility manager of the release;

•	Consult with the environmental compliance expert regarding the
release;

•	Report the release to the NRC; and

•	Keep a log of release data such as the time, date, and circumstances
of the release.  (This information is expected, but not required under
the regulations.)

There are no recordkeeping requirements specified under CERCLA section
103(a), CWA section 311, or their implementing regulations.  The person
in charge of the facility or vessel, however, may elect to maintain a
log detailing the time, date, and circumstances associated with the
reported release.  The purpose of maintaining a log of reported releases
is to track correspondence with response authorities and to document
compliance with release notification requirements under CERCLA and the
CWA.  Because it is assumed the respondent will maintain a log of
reported releases, burden and cost estimates associated with
recordkeeping are included in the ICR.

 .

NEED FOR AND USE OF THE COLLECTION

Need and Authority for the Collection

The reporting activity required under 40 CFR parts 110, 117, and 302 is
authorized under CERCLA sections 103(a) and 104(e), and CWA sections 311
and 308.  The regulations implementing CERCLA section 103(a) (40 CFR
part 302) require the person in charge of a facility or vessel to
immediately notify the NRC of a hazardous substance release if the
release quantity equals or exceeds the substance’s RQ.  The specific
information provided in the notification required under CERCLA section
103(a) is authorized under CERCLA section 104(e).  Section 104(e)
authorizes the collection of release information, entry and inspection
of the release site, and sampling activities at the release site for the
purposes of “determining the need for response, or choosing or taking
any response action under [CERCLA].”  The release information
collected is the minimum information needed to determine if a Federal
response action is required to control or mitigate any potential adverse
effects associated with a release.

In addition to the CERCLA notification requirements, the regulations
implementing CWA section 311 (40 CFR part 110) require immediate
notification to the NRC of any release of oil into U.S. navigable waters
that causes a sheen, violates applicable water quality standards, or
causes a sludge or emulsion to be deposited beneath the surface of the
water or upon adjoining shorelines.  The information required to be
provided under CWA section 311 is authorized by CWA section 308, which
allows for the collection of release information and entry, monitoring,
inspection and sampling activities at the release site for the purpose
of ensuring that the objectives of the CWA are satisfied.  The Federal
government needs to be notified of releases of oil in order to determine
if a response action is necessary to mitigate or prevent damage to
public health or welfare or the environment.

Practical Utility and Users of the Data

The hazardous substance and oil release information collected pursuant
to CERCLA section 103(a) and CWA section 311 has a variety of different
uses.  Federal response authorities, such as EPA and United States Coast
Guard On-Scene Coordinators (OSCs), use the information to evaluate the
environmental and human health risks attributable to a reported release
and to determine if a Federal response action is necessary to mitigate
or prevent any adverse effects associated with the release.  Any
reportable hazardous substance release or discharge of oil into the
environment warrants a timely evaluation of its source, emission rate,
chemical form, media affected, and quantity released to ensure the
proper protection of public health and welfare and the environment.
Responses to hazardous substance and oil release notifications by
Federal authorities may take a variety of forms, including monitoring
and overseeing cleanup activities conducted by the responsible party,
evacuating surrounding populations, and directing the actual cleanup
operation.

The hazardous substance and oil release information collected under
CERCLA section 103 and CWA section 311 also is used by EPA program
offices and other Federal agencies to evaluate the potential need for
additional regulations, new permitting requirements for specific
substances or sources, or improved emergency response planning.

In addition, release notification information, which is stored in the
national Emergency Response Notification System (ERNS) data base, is
used by State and local government authorities, the regulated community,
and the general public.  State and local government authorities and the
regulated community use release information to help inform local
emergency response planning.  The public use release information to
become aware of the releases that have occurred in their communities and
throughout the nation and to learn of actions, if any, that are being
taken to protect public health and welfare and the environment.  The
public has access to release information, statistics, and fact sheets
through the Freedom of Information Act and the NRC’s website (
HYPERLINK "http://www.nrc.uscg.mil/nrchp.html"
http://www.nrc.uscg.mil/nrchp.html ).

NON DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

Non Duplication

The information required to be provided in the telephone call to the NRC
is the minimum information necessary to evaluate a hazardous substance
release or discharge of oil.  Direct notification to the NRC, as opposed
to notification to multiple Federal response authorities, helps to
ensure a coordinated Federal response effort and that unnecessary delays
in requesting assistance do not occur.  One call to the NRC fulfills the
requirement to report releases of hazardous substances under CERCLA and
several other regulatory programs, including the CWA, the Resource
Conservation and Recovery Act, and the Hazardous Materials
Transportation Act.  When the NRC receives a notification, the NRC watch
stander immediately notifies the appropriate Federal OSC, who evaluates
the circumstances surrounding the release and determines the need for a
government response action.  The Federal government has extensive
resources, expertise, and authority under CERCLA to formulate response
actions, ensuring a timely and coordinated field response with State,
local, and private organizations, if needed.

EPA analyzed possible areas of overlap with other regulations, and
concluded that there are limited areas of overlap with reporting
requirements under other statutes and provisions.  For example, there
may be limited duplication with the reporting requirements specified in
CERCLA section 103(a) and in certain permitting regulations.  Permitting
regulations often require reports if the permit level is exceeded.
Thus, if a release of a hazardous substance exceeds its permit level and
the substance’s RQ, the release must be reported to both, the
applicable Federal or State permitting authority, and NRC.  However, the
purpose and timing of the two reports often differ.  Violations of
permit regulations are reported to EPA Regional permitting offices or to
State permitting authorities in order to maintain proper permit
enforcement records or to evaluate ambient conditions over time. In
contrast, Federal officials use release information provided to the NRC
to evaluate the release situation and determine if a government response
is necessary.   Thus, the notification in monthly monitoring reports
that a permit is exceeded is not timely for response purposes.

In addition to a possible overlap between CERCLA reporting and certain
permitting regulations, there may be some overlap with respect to the
reporting requirements specified in section 304 of the Emergency
Planning and Community Right-to-Know Act (EPCRA), which requires
immediate reporting of releases of CERCLA hazardous substances equal to
or above an RQ to State and local response officials.  Reporting to the
NRC as well as to the appropriate State Emergency Response Commission
(SERC) and Local Emergency Planning Committee (LEPC), as required under
EPCRA section 304, is appropriate; however, because it ensures that the
Federal government is alerted to releases that may require a Federal
field response.  Although the SERCs and LEPCs are notified of the
releases under EPCRA section 304, some SERCs and LEPCs may not possess
the resources necessary for a proper response action.  Notification to
the NRC allows for a timely response in the event of an emergency.
Furthermore, reporting to the NRC, SERC, and LEPC provides for a
coordinated effort among Federal, State, and local response officials,
which helps ensure that an efficient response action is taken.  When
Congress enacted EPCRA section 304, it was aware that releases of
hazardous substances were already reported to the NRC; Congress
determined that it was necessary and appropriate for such potentially
hazardous releases to be reported immediately to all potentially
affected government jurisdictions.  The requirements under EPCRA,
however, are separate from those under CERCLA, and are outside the scope
of this ICR (1049.12).  The statutory requirements under CERCLA and
EPCRA are clear and distinct; the Federal response system, as well as
the State and local response systems, must be immediately alerted to
potentially dangerous releases of hazardous substances that may pose a
threat to public health or welfare or the environment.

Public Notice Required Prior to ICR Submission to OMB

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.),
on June 28, 2010 (75 FR 36653) EPA requested comment from the public on
the renewal of this ICR (1049.12).  The Docket ID No. for the notice is
EPA-HQ-SFUND-2010-0437, and can be accessed at   HYPERLINK
"http://www.regulations.gov"  www.regulations.gov .   There were no
comments received.

Consultations

EPA consulted with a number of Federal and State government agencies in
the development of the information collection activities described in
this ICR (1049.12).  Workgroups were used to develop all RQ adjustment
regulations as well as the oil discharge regulation.  These Workgroups
consisted of representatives from various EPA program offices, the ten
EPA Regions, and the NRC.  Participation of these parties in the
Workgroups was sufficient to address and resolve all outstanding issues.
 The comments received on the proposed rules were addressed in the
relevant Response to Comments Documents and in the preambles to the
respective final rules.

In addition to Workgroup activities, EPA sponsored many workshops and
training sessions throughout the country for industry and Federal,
State, and local government response officials on the release
notification requirements under CERCLA and the CWA.  The workshops were
held to educate the regulated community as well as those Federal and
State agencies required to implement the regulations.  In addition, the
workshops provided an opportunity for the public to ask questions about,
and comment on, the implementation of the reporting regulations under
CERCLA and the CWA.

Effects of Less Frequent Collection

The information required under the regulations implementing CERCLA
section 103(a) and CWA section 311 is not collected at any specified
frequency; rather, it is collected when reportable releases occur.  The
information collected under the regulations, such as the source,
quantity, and type of material released and the environmental medium
affected, is critical to evaluating the threat posed by the release and
the need for a response action.  The regulatory requirements evaluated
in this ICR (1049.12) represent EPA’s efforts to ensure that the NRC
is notified immediately of those hazardous substance and oil releases
for which a Federal response action may be necessary to protect public
health and welfare and the environment.

General Guidelines

The regulations implementing CERCLA section 103(a) and CWA section 311
adhere fully to OMB’s general guidelines concerning the collection of
information and the control of paperwork burdens on the public.

Confidentiality

The regulations implementing CERCLA section 103(a) and CWA section 311
do not require the submittal of any proprietary, trade secret, or other
confidential information.

Sensitive Questions

The regulations implementing CERCLA section 103(a) and CWA section 311
do not require the submission of any sensitive business information.  In
addition, the information collection requested under these regulations
is in compliance with the Privacy Act of 1974 and OMB Circular A-108.

THE RESPONDENTS AND THE INFORMATION REQUESTED

Respondents and SIC Codes

This section is not applicable.  The use and release of hazardous
substances and oil are pervasive throughout industry.  EPA expects a
number of different industrial categories to report hazardous substance
and oil releases pursuant to the requirements specified in CERCLA
section 103(a) and CWA section 311.  No one industry sector or group of
sectors or size of facility is affected disproportionately by the
information collection burden.

Information Requested

Data items, including record keeping requirements

Notification under CERCLA section 103(a) and CWA section 311 is intended
to ensure that Federal authorities receive prompt notification of
hazardous substance and oil releases for which a timely response may be
necessary to protect public health or welfare or the environment.  The
information provided in the telephone call to the NRC serves to notify
government authorities of the release and provides them with a
description of the circumstances surrounding the release.  The following
information is requested from all callers:

•	The name and location of the individual reporting the release, the
name and type of organization (e.g., general public, industrial
facility, or Federal, State, or local government) with which the
individual reporting the release is affiliated, and the telephone number
of the person reporting the release;

•	The name and location of the releaser, the type of organization
responsible for the release, and the telephone number of the releaser;

•	The location of the release;

•	The date and time of the release;

•	The name and type of material involved in the release, and the
quantity of the substance released;

•	The source of the release, the vehicle identification or carrier
number, if applicable, and a brief description of the source;

•	The environmental medium affected by the release (e.g., air, land,
water, or ground water);

•	The cause of the incident (e.g., transportation accident,
operational error, natural phenomenon), and a brief description of the
release scenario denoting any unusual circumstances associated with the
release;

•	Information on damages that occurred as a result of the release,
including the number of injuries, number of deaths, and any property
damage;

•	A description of the response actions taken at the release site, if
any;

•	The name(s) and type of organization(s) that the caller has already
notified; and

•	Any additional comments or information regarding the release.

As mentioned previously, there are no recordkeeping requirements
specified under CERCLA section 103(a), CWA section 311, or their
implementing regulations.  The person in charge of the facility or
vessel, however, may elect to maintain a log detailing the time, date,
and circumstances associated with the reported release.  The purpose of
maintaining a log of reported releases is to track correspondence with
response authorities and to document compliance with release
notification requirements under CERCLA and the CWA.  Because the
respondent will in all likelihood maintain a reported release log,
burden and cost estimates associated with recordkeeping are included in
this ICR (1049.12).

Respondent Activities

To comply with the notification requirements specified in the
regulations implementing CERCLA section 103(a) and CWA section 311, the
regulated community is expected to perform the following activities:

•	Gather necessary release data, such as the time, quantity, and
source of the release;

•	Notify the facility manager of the release;

•	Consult with the environmental compliance expert regarding the
release;

•	Report the release by telephone to the NRC; and

•	Keep a log of release data such as the time, date, and circumstances
of the release.  (This information is expected but not required under
the regulations.)

These five general steps have been verified through conversations with
environmental compliance experts at facilities that reported releases of
hazardous substances to the NRC during 1992, 1993, and 1994.  Each
environmental compliance manager at these facilities was asked about the
internal activities that are likely to occur between the time a release
of a hazardous substance is discovered and the time a call is made to
the NRC.  The burden hours associated with reporting a release were in
part based upon these findings.

THE INFORMATION COLLECTED – AGENCY ACTIVITIES, COLLECTION METHODOLOGY,
AND INFORMATION MANAGEMENT

Agency Activities

Every hazardous substance and oil release reported by the regulated
community to the NRC must be evaluated by Federal authorities.  The
appropriate Federal On-Scene Coordinator (OSC) is notified of a release
by a telephone call from the NRC.  The NRC conveys all the relevant
information regarding the release to the OSC, including whether the
release is to air, soil, water, etc., the source of the release, and the
type of substance released.  The telephone call from the NRC to the OSC
must occur within 15 minutes of the original release notification.  The
OSC is responsible for evaluating the circumstances surrounding the
release to determine whether government monitoring and/or a Federal
response action may be necessary.

NRC personnel are also responsible for entering release information into
the NRC data base.  The release data are stored in the NRC data base,
ERNS, a national data base that stores release information by facility.
The data can be accessed through the NRC web site:  HYPERLINK
"http://www.nrc.uscg.mil/foia.html" http://www.nrc.uscg.mil/foia.html.
The primary activity of the Federal government under the regulations
implementing CERCLA section 103(a) and CWA section 311 is processing and
recording the reported release information, and responding to releases
that may pose a significant hazard to public health or welfare or the
environment.

Collection Methodology and Management

For purposes of reporting releases under the regulations implementing
CERCLA section 103(a) and CWA section 311, a person in charge of a
facility or vessel that experiences a reportable release must telephone
the NRC.  The NRC notifies the appropriate EPA Region or United States
Coast Guard Office, the affected State, and any other Federal agency
that may be able to lend support to a potential response action.

To manage the hazardous substance and oil release information submitted
in accordance with CERCLA section 103(a) and CWA section 311, EPA uses
the ERNS data base.  When a hazardous substance or oil release is
reported to the NRC, it is immediately entered into the NRC data base.
The ERNS data base allows EPA to document, analyze, and maintain data
gathered under the CERCLA and CWA notification process.

For Federal response authorities, the ERNS data base reduces the cost
and time associated with processing and documenting release reports.
For other EPA program offices, State and local response officials, and
the public, ERNS provides for easy access to release data.

Small Entity Flexibility

The notification requirements apply equally to all facilities or
vessels, regardless of size, that have reportable releases of CERCLA
hazardous substances or oil.  The regulations do not impose any general
information collection or recordkeeping requirements on small
businesses.  EPA believes that the notification requirements specified
under these regulations represent the minimum level of information
necessary for Federal response officials to determine if a government
response action is needed to prevent or mitigate any damage to public
health or welfare or the environment.  The regulatory requirements are
satisfied by a toll-free telephone call to the NRC.  A reduction in
these reporting requirements for small businesses is not possible
without jeopardizing the Federal government’s ability to evaluate the
threat posed by a release and determine if a Federal response is
necessary.

Collection Schedule

Information is not collected at any specified frequency; rather, it is
collected when reportable releases occur.  Under CERCLA section 103(a),
a release of a hazardous substance is reportable when it equals or
exceeds its RQ.  Pursuant to CWA section 311, a discharge of oil into
navigable waters is reportable whenever the discharge causes a sheen,
violates applicable water quality standards, or causes a sludge or
emulsion to be deposited beneath the surface of the water or upon
adjoining shorelines.

ESTIMATING THE BURDEN AND COST OF THE COLLECTION

Estimating Respondent Burden

  release notifications per annum from February 1, 2011 through January
31, 2014.

  hours.

Initial Telephone Notification

 hour of technician’s time), regardless of the environmental medium
affected and the substance released.

Recordkeeping

  burden hours per release for recordkeeping.

Response Actions

Under section 103(a) of CERCLA and section 311 of CWA facilities and
vessels responsible for a release are required to take appropriate
action to clean up the release.  However, because there is no paperwork
burden associated with these response actions, the capital and labor
costs associated with response actions are not within the scope of this
ICR (1049.12).

Estimating Respondent Costs

Estimating Labor Costs

  for clerical staff.

These rates reflect employer cost for employee compensation in the
United States as of December 2009 and include both employer costs for
legally required benefits (e.g., social security, worker’s
compensation, and unemployment insurance), other important fringe
benefit categories (e.g., insurance, paid leave, retirement and
savings), and overhead and general and administrative costs.

Estimating Capital and Operations and Maintenance Costs

Capital costs usually include any produced physical good needed to
provide the needed information, such as machinery, computers, and other
equipment.  EPA does not anticipate that respondents will incur capital
costs in carrying out the information collection requirements of this
regulation.

Operation and Maintenance (O&M) costs are those costs associated with
paperwork requirements incurred continually over the life of the ICR.
EPA does not anticipate that respondents will incur O&M costs in
carrying out the information collection requirements of the proposed
rule.

Costs associated with the burden hours presented in section 6(a) of this
ICR (1049.12) are shown in Exhibit 2.

  to report the release to the NRC and record the release data in the
respondent’s log.

Estimating Agency Burden and Cost

 .

Processing Telephone Notification

 ).

Response Activities

For some percentage of releases, the information provided in the
telephone notification will prompt EPA to monitor cleanup activities.
Monitoring a cleanup will allow EPA to directly assess and evaluate the
circumstances surrounding the release, and the population and
environment potentially affected by the release.  In a small percentage
of cases, the owner/operator will be unable to respond to the release or
cleanup activities will appear unsatisfactory, requiring EPA to conduct
its own field response actions to ensure that all potential hazards have
been addressed and that the release has been thoroughly cleaned up.
However, as these actions are not directly related to the processing of
submitted paperwork, the costs and burden hours associated with these
actions are not covered under this ICR (1049.12).

Estimating the Respondent Universe and Total Burden and Cost

ERNS data from 2007, 2008, and 2009 were used to estimate the number of
releases that will be reported to the NRC during the period of February
1, 2011 through January 31, 2014. The exhibits in this section show
projected annual release reports, burden hours, and costs.

The total cost and total burden estimates presented in this ICR
(1049.12) are the aggregate annual costs and burden hours associated
with reporting all hazardous substances and oil releases pursuant to
CERCLA section 103(a) and CWA section 311.

Annual respondent burden hours are equal to the number of releases
reported to the NRC in a year multiplied by the unit burden hours
associated with reporting a release.  Annual cost is equal to the number
of releases reported to the NRC in a year multiplied by the unit cost of
reporting a release.  Exhibit 4 presents the annual total annual burden
hour and cost estimates for respondents.

Bottom Line Burden Hours and Cost Tables

 .

Reasons for Change in Burden

  hours.

 .  The decrease is due to a projected decrease in the number of
reportable releases.

Burden Statement

  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; 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.  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 are listed in 40 CFR part 9 and 48 CFR chapter 15.

To comment on the Agency’s need for this information, the accuracy of
the provided burden estimates, and any suggested methods for minimizing
respondent burden, including the use of automated collection techniques,
EPA has established a public docket for this ICR under Docket ID No.
EPA-HQ-SFUND-2010-0437, which is available for public viewing at the
Superfund Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334,
1301 Constitution Ave., NW, Washington, DC.  The EPA/DC Public Reading
Room   SEQ CHAPTER \h \r 1 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 Superfund
Docket is<PHONE_NUMBER>.  An electronic version of the public docket is
available at   HYPERLINK "http://www.regulations.gov"
www.regulations.gov .  Use   HYPERLINK "http://www.regulations.gov"
www.regulations.gov  to obtain a copy of the draft collection of
information, submit or view public comments, access the index listing of
the contents of the docket, and to access those documents in the public
docket that are available electronically.  Once in the system, select
“search,” then key in the docket ID number identified above.  Also,
you can send comments to the Office of Information and Regulatory
Affairs, Office of Management and Budget, 725 17th Street, NW,
Washington, DC 20503, Attention: Desk Office for EPA.  Please include
the EPA Docket ID No.  (EPA-HQ-SFUND-2010-0437) and OMB control number
(2050-0046) in any correspondence.

 .

This verification was not repeated for this ICR.  It is assumed to
remain the same.

 Bureau of Labor Statistics’ news release dated, March 10, 2010,
entitled, “Employer Costs for Employee Compensation - December 2009”
listed hourly compensation (wages and salaries plus fringe benefits)
rates for civilian managerial, technical, and clerical workers.
Therefore the wage rates used in this ICR (1049.12) include salaries,
fringe benefits, overhead costs and general and administrative costs as
of December 2009.

 ) and the hourly monetary value of the representative employee’s
fringe benefits (assumed to be the basic hourly wage rate multiplied by
60 percent).

EPA-HQ-SFUND-2010-0437

July 2010

Page   PAGE  1  of   NUMPAGES  1

July 2010

Page   PAGE  18  of   NUMPAGES  18


[Federal Register: October 6, 2010 (Volume 75, Number 193)]
[Notices]
[Page 61726-61728]
[DOCID:fr06oc10-63]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

September 22, 2010.
    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC10-97-000.
    Applicants: APX, Inc.
    Description: APX, Inc submits Application for Authorization under
Section 203 of the Federal Power Act and Request for Expedited Action
and Confidential Treatment.
    Filed Date: 09/20/2010.
    Accession Number: 20100921-0205.
    Comment Date: 5 p.m. Eastern Time on Tuesday, October 12, 2010.

    Docket Numbers: EC10-99-000.
    Applicants: Cross-Sound Cable Company, LLC, Prime Infrastructure
Group, BIP Bermuda Holdings IV Limited, BIP Bermuda Holdings I Limited,
Brookfield Infrastructure L.P., Brookfield Infrastructure Partners
L.P., Brookfield Infrastructure Partners Limit, Brookfield
Infrastructure GP L.P., Brookfield Infrastructure General Partner,
Brookfield Renewable Power Inc., Great Lakes Holding Inc., Brookfield
Asset Management Inc.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act, and for Expedited Consideration, Confidential
Treatment and Waivers of Cross-Sound Cable Company, LLC et al.
    Filed Date: 09/21/2010.
    Accession Number: 20100921-5174.
    Comment Date: 5 p.m. Eastern Time on Tuesday, October 12, 2010.

    Docket Numbers: EC10-100-000.
    Applicants: Sempra Energy Solutions LLC, Noble Americas Gas and
Power Corp.
    Description: Application for Authorization for Disposition of
Jurisdictional Facilities, Acquisition of Securities by a Public
Utility, and Request for Expedited Action of Sempra Energy Solutions
LLC and Noble Americas Gas and Power Corp.
    Filed Date: 09/22/2010.
    Accession Number: 20100922-5129.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 13, 2010.

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER99-4102-009.
    Applicants: Milford Power Company, LLC.
    Description: Supplement to Notice of Change in Status of Milford
Power Company, LLC.
    Filed Date: 09/21/2010.
    Accession Number: 20100921-5109.
    Comment Date: 5 p.m. Eastern Time on Tuesday, October 12, 2010.

    Docket Numbers: ER03-198-015.
    Applicants: Pacific Gas and Electric Company.
    Description: Pacific Gas and Electric Company Notice of Non-
Material Change in Status.
    Filed Date: 09/21/2010.
    Accession Number: 20100921-5121.
    Comment Date: 5 p.m. Eastern Time on Tuesday, October 12, 2010.

    Docket Numbers: ER10-192-005.
    Applicants: Public Service Company of Colorado.
    Description: Xcel Energy submits a fully-executed Offer of
Settlement and Settlement Agreement.
    Filed Date: 08/26/2010.
    Accession Number: 20100826-0201.
    Comment Date: 5 p.m. Eastern Time on Wednesday, September 29, 2010.

    Docket Numbers: ER10-1350-003.
    Applicants: Entergy Services, Inc.
    Description: Errata to 2010 Bandwidth Filing of Entergy Services,
Inc.
    Filed Date: 09/21/2010.
    Accession Number: 20100921-5176.
    Comment Date: 5 p.m. Eastern Time on Tuesday, October 12, 2010.

    Docket Numbers: ER10-1732-000; ER10-1733-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest ISO's Response to the Commission's 9/3/10
Deficiency Letter.
    Filed Date: 09/20/2010.
    Accession Number: 20100920-5178.
    Comment Date: 5 p.m. Eastern Time on Tuesday, October 12, 2010.

    Docket Numbers: ER10-1732-000; ER10-1733-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Wisconsin Electric Power Company submits responses to
the Commission's data request.
    Filed Date: 09/20/2010.
    Accession Number: 20100921-0001.
    Comment Date: 5 p.m. Eastern Time on Tuesday, October 12, 2010.

    Docket Numbers: ER10-1732-000; ER10-1733-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.

    Description: LSP-Whitewater Limited Partnership response to the
Commission's 9/3/10 Data Request re the unexecuted Generator
Interconnection Agreement.
    Filed Date: 09/20/2010.
    Accession Number: 20100921-0002.
    Comment Date: 5 p.m. Eastern Time on Tuesday, October 12, 2010.

    Docket Numbers: ER10-1808-002.
    Applicants: Western Massachusetts Electric Company.
    Description: Western Massachusetts Electric Company submits tariff
filing per 35: WMECO Compliance filing of Certificate of Concurrence to
be effective 7/19/2010.
    Filed Date: 09/07/2010
    Accession Number: 20100907-5150.
    Comment Date: 5 p.m. Eastern Time on Tuesday, September 28, 2010.

    Docket Numbers: ER10-2522-001.
    Applicants: Top of the World Wind Energy, LLC.
    Description: Top of the World Wind Energy, LLC submits tariff
filing per 35.17(b): Supplement to MBR Application to be effective 9/3/
2010.
    Filed Date: 09/22/2010
    Accession Number: 20100922-5134.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 13, 2010.

    Docket Numbers: ER10-2567-001.
    Applicants: Kit Carson Windpower, LLC.
    Description: Kit Carson Windpower, LLC submits tariff filing per
35.17(b): Supplement to MBR Application to be effective 10/1/2010.
    Filed Date: 09/22/2010.
    Accession Number: 20100922-5131.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 13, 2010.

    Docket Numbers: ER10-2790-000.
    Applicants: Power Contract Finance, LLC.
    Description: Power Contract Finance, LLC submits a Notice of
Cancellation of their market-based rate schedule, Electric Rate
Schedule FERC 1.
    Filed Date: 09/20/2010.
    Accession Number: 20100921-0204.
    Comment Date: 5 p.m. Eastern Time on Tuesday, October 12, 2010.

    Docket Numbers: ER10-2803-000.
    Applicants: Discount Energy Group, LLC.
    Description: Discount Energy Group, LLC submits Petition for
Acceptance of Initial Tariff, Waivers and Blanket Authority et al.
    Filed Date: 09/21/2010.
    Accession Number: 20100921-0211.
    Comment Date: 5 p.m. Eastern Time on Tuesday, October 12, 2010.

    Docket Numbers: ER10-2804-000.
    Applicants: Public Service Company of Colorado.
    Description: Public Service Company of Colorado submits tariff
filing per 35.37: 2010--09--21 PSCo Triennial Revision to be effective
N/A.
    Filed Date: 09/21/2010.
    Accession Number: 20100921-5110.
    Comment Date: 5 p.m. Eastern Time on Tuesday, October 12, 2010.

    Docket Numbers: ER10-2805-000.
    Applicants: Central Hudson Gas & Electric Corporation.
    Description: Central Hudson Gas & Electric Corporation submits
tariff filing per 35.12: Baseline Filing--CHG&E MBR to be effective 9/
22/2010.
    Filed Date: 09/21/2010.
    Accession Number: 20100921-5111.
    Comment Date: 5 p.m. Eastern Time on Tuesday, October 12, 2010.

    Docket Numbers: ER10-2806-000.
    Applicants: TransAlta Energy Marketing (U.S.) Inc.
    Description: TransAlta Energy Marketing (U.S.) Inc. submits tariff
filing per 35.12: TEMUS Baseline Tariff to be effective 9/21/2010.
    Filed Date: 09/21/2010.
    Accession Number: 20100921-5115.
    Comment Date: 5 p.m. Eastern Time on Tuesday, October 12, 2010.

    Docket Numbers: ER10-2807-000.
    Applicants: TransAlta Energy Marketing Corporation.
    Description: TransAlta Energy Marketing Corporation submits tariff
filing per 35.12: TransAlta Centralia Generation Baseline Tariff filing
to be effective 9/21/2010.
    Filed Date: 09/21/2010.
    Accession Number: 20100921-5116.
    Comment Date: 5 p.m. Eastern Time on Tuesday, October 12, 2010.

    Docket Numbers: ER10-2808-000.
    Applicants: Freeport-McMoRan Copper & Gold Energy Services, LLC.
    Description: Freeport-McMoRan Copper & Gold Energy Services, LLC
submits tariff filing per 35.12: FMES FERC Electric MBR Second Revised
Volume No. 1 to be effective 9/21/2010.
    Filed Date: 09/21/2010.
    Accession Number: 20100921-5140.
    Comment Date: 5 p.m. Eastern Time on Tuesday, October 12, 2010.

    Docket Numbers: ER10-2809-000.
    Applicants: Palama, LLC.
    Description: Palama, LLC submits tariff filing per 35.12: Palama,
LLC Baseline Market-Based Rate Tariff Filing to be effective 9/21/2010.
    Filed Date: 09/21/2010.
    Accession Number: 20100921-5143.
    Comment Date: 5 p.m. Eastern Time on Tuesday, October 12, 2010.

    Docket Numbers: ER10-2810-000.
    Applicants: Barclays Capital Energy Inc.
    Description: Barclays Capital Energy Inc. submits tariff filing per
35.12: Baseline to be effective 9/21/2010.
    Filed Date: 09/21/2010.
    Accession Number: 20100921-5148.
    Comment Date: 5 p.m. Eastern Time on Tuesday, October 12, 2010.

    Docket Numbers: ER10-2811-000.
    Applicants: Barclays Bank PLC.
    Description: Barclays Bank PLC submits tariff filing per 35.12:
Baseline to be effective 9/21/2010.
    Filed Date: 09/21/2010.
    Accession Number: 20100921-5149.
    Comment Date: 5 p.m. Eastern Time on Tuesday, October 12, 2010.

    Docket Numbers: ER10-2812-000
    Applicants: GenConn Devon LLC
    Description: GenConn Devon LLC submits tariff filing per 35.12:
GenConn Devon FERC Electric Tariff to be effective 9/21/2010.
    Filed Date: 09/21/2010.
    Accession Number: 20100921-5154
    Comment Date: 5 p.m. Eastern Time on Tuesday, October 12, 2010.

    Docket Numbers: ER10-2813-000.
    Applicants: Northwest Wind Partners, LLC.
    Description: Northwest Wind Partners, LLC submits tariff filing per
35.15: Northwest Wind FERC Electric Tariff Cancellation to be effective
9/21/2010.
    Filed Date: 09/21/2010.
    Accession Number: 20100921-5155.
    Comment Date: 5 p.m. Eastern Time on Tuesday, October 12, 2010.

    Docket Numbers: ER10-2814-000.
    Applicants: Sempra Generation.
    Description: Sempra Generation submits tariff filing per 35.12:
Sempra Generation FERC Electric Tariff Volume No. 1 Baseline Filing to
be effective 9/21/2010.
    Filed Date: 09/21/2010.
    Accession Number: 20100921-5159.
    Comment Date: 5 p.m. Eastern Time on Tuesday, October 12, 2010.

    Docket Numbers: ER10-2815-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits tariff
filing per 35.13(a)(2)(iii): Revised Interconnection Facilities
Agreement with City of Banning to be effective 11/22/2010.
    Filed Date: 09/21/2010.
    Accession Number: 20100922-5000.
    Comment Date: 5 p.m. Eastern Time on Tuesday, October 12, 2010.

    Docket Numbers: ER10-2816-000.
    Applicants: Sierra Pacific Power Company.
    Description: Sierra Pacific Power Company submits its baseline
tariff

filing FERC Electric Tariff Volume No. 1-Resale Tariff, to be effective
9/22/2010.
    Filed Date: 09/22/2010.
    Accession Number: 20100922-5008.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 13, 2010.

    Docket Numbers: ER10-2817-000.
    Applicants: GearyEnergy, LLC.
    Description: GearyEnergy, LLC submits tariff filing per 35.12:
GearyEnergy, LLC Baseline eTariff Filing to be effective 9/23/2010.
    Filed Date: 09/22/2010.
    Accession Number: 20100922-5019.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 13, 2010.

    Docket Numbers: ER10-2818-000.
    Applicants: TransAlta Energy Marketing Corporation.
    Description: TransAlta Energy Marketing Corporation submits tariff
filing per 35.12: TEMC Baseline Tariff Filing to be effective 9/22/
2010.
    Filed Date: 09/22/2010.
    Accession Number: 20100922-5021.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 13, 2010.

    Docket Numbers: ER10-2819-000.
    Applicants: ALLETE, Inc.
    Description: ALLETE, Inc. submits tariff filing per 35.12: FERC
Electric Tariff Wholesale Coordination Service Tariff No. 2 to be
effective 9/22/2010.
    Filed Date: 09/22/2010.
    Accession Number: 20100922-5051.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 13, 2010.

    Docket Numbers: ER10-2820-000.
    Applicants: Louisville Gas and Electric Company.
    Description: Louisville Gas and Electric Company submits tariff
filing per 35.13(a)(2)(iii): OATT Amendment Filing 09/22/10 to be
effective 9/23/2010.
    Filed Date: 09/22/2010.
    Accession Number: 20100922-5054.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 13, 2010.

    Docket Numbers: ER10-2821-000.
    Applicants: Stony Creek Wind Farm, LLC.
    Description: Stony Creek Wind Farm, LLC submits tariff filing per
35.12: Baseline Tariff Filing For Stony Creek Wind Farm, LLC to be
effective 9/22/2010.
    Filed Date: 09/22/2010.
    Accession Number: 20100922-5057.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 13, 2010.

    Docket Numbers: ER10-2822-000.
    Applicants: Atlantic Renewable Projects II LLC.
    Description: Atlantic Renewable Projects II LLC submits tariff
filing per 35.12: Baseline Filing of Market-Based Rate Tariff to be
effective 9/22/2010.
    Filed Date: 09/22/2010.
    Accession Number: 20100922-5058.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 13, 2010.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    As it relates to any qualifying facility filings, the notices of
self-certification [or self-recertification] listed above, do not
institute a proceeding regarding qualifying facility status. A notice
of self-certification [or self-recertification] simply provides
notification that the entity making the filing has determined the
facility named in the notice meets the applicable criteria to be a
qualifying facility. Intervention and/or protest do not lie in dockets
that are qualifying facility self-certifications or self-
recertifications. Any person seeking to challenge such qualifying
facility status may do so by filing a motion pursuant to 18 CFR
292.207(d)(iii). Intervention and protests may be filed in response to
notices of qualifying facility dockets other than self-certifications
and self-recertifications.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-25087 Filed 10-5-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: July 14, 2010 (Volume 75, Number 134)]
[Rules and Regulations]
[Page 40726-40729]
[DOCID:fr14jy10-5]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2010-0514; FRL-9172-3]

Revisions to the California State Implementation Plan, Sacramento
Metropolitan Air Quality Management District and South Coast Air
Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the
Sacramento Metropolitan Air Quality Management District (SMAQMD) and
South Coast Air Quality Management District (SCAQMD) portions of the
California State Implementation Plan (SIP). These revisions concern
volatile organic compound (VOC) from vanishing oils, rust inhibitors,
plastic coatings, rubber coatings, glass coatings, and aerospace
operations. We are approving local rules that regulate these emission
sources under the Clean Air Act as amended in 1990 (CAA or the Act).

DATES: This rule is effective on September 13, 2010 without further
notice, unless EPA receives adverse comments by August 13, 2010. If we
receive such comments, we will publish a timely withdrawal in the
Federal Register to notify the public that this direct final rule will
not take effect.

ADDRESSES: Submit comments, identified by docket number [EPA-R09-OAR-
2010-0514], by one of the following methods:
    1. Federal eRulemaking Portal:  http://www.regulations.gov. Follow
the online instructions.
    2. E-mail<EMAIL_ADDRESS>    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: All comments will be included in the public docket
without change and may be made available online at http://
www.regulations.gov,

including any personal information provided, unless the comment
includes Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through  http://www.regulations.gov or
e-mail. http://www.regulations.gov is an ``anonymous access'' system,
and EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send e-mail directly to
EPA, your e-mail address will be automatically captured and included as
part of the public comment. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
    Docket: The index to the docket for this action is available
electronically at http://www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available in either location
(e.g., CBI). To inspect the hard copy materials, please schedule an
appointment during normal business hours with the contact listed in the
FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Nicole Law, EPA Region IX, (415) 947-
4126<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to EPA.

Table of Contents

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

I. The State's Submittal

A. What rules did the State submit?

    Table 1 lists the rules we are approving with the dates that they
were adopted by the local air agencies and submitted by the California
Air Resources Board (CARB).

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
                                                                                Adopted/
            Local agency                Rule No.                Rule title                amended     Submitted
----------------------------------------------------------------------------------------------------------------
SCAQMD..............................         1144  Vanishing Oils and Rust Inhibitors.     03/06/09     05/17/10
SCAQMD..............................         1145  Plastic, Rubber, Leather, and Glass     12/04/09     05/17/10
                                                    Coatings.
SMAQMD..............................          456  Aerospace Assembly and Component        10/23/08     09/15/09
                                                    Coating Operations.
----------------------------------------------------------------------------------------------------------------

    On June 8, 2010, EPA determined that the submittal for SCAQMD 1144
and SCAQMD 1145 met the completeness criteria in 40 CFR Part 51
Appendix V, which must be met before formal EPA review.
    On January 21, 2010, EPA determined that the submittal for SMAQMD
456 met the completeness criteria in 40 CFR Part 51 Appendix V, which
must be met before formal EPA review.

B. Are there other versions of these rules?

    There are no previous versions of SCAQMD Rule 1144 in the SIP. We
approved an earlier version of SCAQMD Rule 1145 into the SIP on May 4,
1999 (64 FR 23774). The SCAQMD adopted revisions to the SIP-approved
version on December 3, 2004 and December 4, 2009 and CARB submitted
them to us on March 17, 2009 and May 17, 2010. An earlier version of
SMAQMD Rule 456 was approved into the SIP on November 9, 1998 (63 FR
60214) and the SMAQMD adopted a revision to that version on October 23,
2008. CARB submitted it to us on September 15, 2009. While we can act
on only the most recently submitted version, we have reviewed materials
provided with previous submittals.

C. What is the purpose of the submitted rules and rule revisions?

    VOCs help produce ground-level ozone and smog, which harm human
health and the environment. Section 110(a) of the CAA requires States
to submit regulations that control VOC emissions. SCAQMD Rule 1144 will
regulate vanishing oils and rust inhibitors at industrial facilities.
SCAQMD Rule 1145 lowers VOC content limits and begins to regulate the
leather coatings. SMAQMD Rule 456 lowers an exemption threshold and the
VOC content limit for cleaning solvents. EPA's technical support
documents (TSD) have more information about these rules.

II. EPA's Evaluation and Action

A. How is EPA evaluating the rules?

    Generally, SIP rules must be enforceable (see section 110(a) of the
Act), must require Reasonably Available Control Technology (RACT) for
each category of sources covered by a Control Techniques Guidelines
(CTG) document as well as each major source in nonattainment areas (see
sections 182(a)(2) and (b)(2)), and must not relax existing
requirements (see sections 110(l) and 193). The SCAQMD and SMAQMD
regulate ozone nonattainment areas (see 40 CFR part 81), so the
districts must implement RACT for appropriate source categories.
    Guidance and policy documents that we use to evaluate
enforceability and RACT requirements consistently include the
following:
    1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (the Bluebook).
    2. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    3. ``Model Volatile Organic Compound Rules for Reasonable Available
Control Technology,'' EPA-Staff Working Document, June 1992.
    4. ``Control Techniques Guidelines for Miscellaneous Metal and
Plastic Parts Coatings,'' EPA-453/R-08-003, September 2008.
    5. ``Surface Coating Operations at Aerospace Manufacturing & Rework
Operations,'' EPA-453/R-97-004, December 1997.

B. Do the rules meet the evaluation criteria?

    We believe these rules are consistent with the relevant policy and
guidance regarding enforceability, RACT, and SIP relaxations. SMAQMD
Rule 456 has RACT deficiencies, but the rule is not subject to RACT
because the one facility

in the district under this category emits less than 25 tons of VOC per
year. The TSDs have more information on our evaluation.

C. EPA Recommendations to Further Improve the Rules

    The TSDs describe additional rule revisions that we recommend for
the next time the local agencies modify the rules.

D. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, EPA is fully
approving the submitted rules because we believe they fulfill all
relevant requirements. We do not think anyone will object to this
approval, so we are finalizing it without proposing it in advance.
However, in the Proposed Rules section of this Federal Register, we are
simultaneously proposing approval of the same submitted rules. If we
receive adverse comments by August 13, 2010, we will publish a timely
withdrawal in the Federal Register to notify the public that the direct
final approval will not take effect and we will address the comments in
a subsequent final action based on the proposal. If we do not receive
timely adverse comments, the direct final approval will be effective
without further notice on September 13, 2010. This will incorporate the
rules into the federally enforceable SIP.
    Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.

III. 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, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
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 Order
12866 (58 FR 51735, October 4, 1993);
     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 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.
    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).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by September 13, 2010. 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the Proposed
Rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. This action 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, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.

    Dated: June 18, 2010.
Jared Blumenfeld,
Regional Administrator, Region IX.

0
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--[AMENDED]

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

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

Subpart F--California

0
2. Section 52.220, is amended by adding paragraphs (c)(377) (i)(A)(3)
and (379) to read as follows:

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (377) * * *
    (i) * * *
    (A) * * *
    (3) Rule 456, ``Aerospace Assembly and Component Coating
Operations,'' amended on October 23, 2008.
* * * * *
    (379) New and amended regulations for the following APCDs were
submitted on May 17, 2010 by the Governor's designee.
    (i) Incorporation by Reference.
    (A) South Coast Air Quality Management District.

    (1) Rule 1144, ``Vanishing Oils and Rust Inhibitors,'' adopted on
March 6, 2009.
    (2) Rule 1145, ``Plastic, Rubber, Leather, and Glass Coatings,''
amended on December 4, 2009.
* * * * *
[FR Doc. 2010-17077 Filed 7-13-10; 8:45 am]
BILLING CODE 6560-50-P