Permitting/Closure/Corrective Action Review Procedures - §271.6(c)        Both the enabling legislation (Chapter 14, Title 10.1, Code of Virginia (1950), as amended) and the regulations (VHWMR 9VAC 20-60-270) require a permit for the treatment, storage, or disposal of hazardous wastes. The Virginia regulations provide for specific inclusions and exclusions of the Federal regulations  as described in VHWMR 9VAC 20-60-270 A. and 9VAC 20-60-270 B. and for specific prohibition of disposal of hazardous wastes by means of underground injection (9VAC 29-60-270 B.4). To eliminate duplication of regulatory effort and to minimize the burden of duplicate requirements upon the regulated entities as provided for in §10.1-1402(9), Code of Virginia, the regulations also provide for the continued validity of federally issued permits (9VAC 20-60-270 B.5.).        The operators of hazardous waste TSD facilities are required to submit complete applications to the Director (VHWMR 9VAC 20-60-270) prior to construction of a new facility, and/or prior to expiration of an existing permit. The owners of the facilities operated by another party also are required to sign the application (VHWMR 9VAC 20-60-270 B.). The parties who operate facilities subject to permits-by-rule, emergency permits and continued federal permits are exempt from the completeness requirements.        Hazardous waste management facilities that were in existence when RCRA was promulgated in 1980 are required to submit the Part A application and, upon request, submit the Part B application to the Director. This same procedure is also applicable to facilities that become newly regulated because of amendments to RCRA. Failure to submit Part B applications upon request results in the termination of interim status. In case of new facilities, Parts A and B have to be simultaneously submitted to the Director prior to construction of the facility. Construction cannot begin prior to the receipt of a finally effective hazardous waste management (HWM) permit, since Virginia does not provide for a two stage permitting process. All applications must be properly signed, certified, and must contain information required by 40 CFR §270.13 (Part A) and 40 CFR §270.14 (Part B) as incorporated by reference in VHWMR 9VAC 20-60-270.         Once an application has been determined to be technically complete, the Director will tentatively decide whether to prepare a draft permit or to deny the application, which is a type of draft permit. The requirements for the contents of the draft permit are contained in 40 CFR §124.6 and VHWMR 9VAC 20-60-124. In case of permits for major facilities or facilities subject to significant public interest, a fact sheet will be prepared. The contents of the fact sheet are specified in 40 CFR §124.8 and VHWMR 9VAC 20-60-124. Once the draft permit or the notice of intent to deny a permit have been prepared, the Director will give public notice providing for the opportunity to comment and to request a hearing. The procedure allows at least 45 days for comments and requests. The Director will hold a public hearing either upon receiving a request or upon his own discretion in the absence of such a request, to receive written or oral comments which may clarify issues involved in permit decisions (40 CFR §124.12 and VHWMR 9VAC 20-60-124). All persons contesting the permit or permit conditions have an obligation to raise issues and provide information during the public comment period (40 CFR §124.6 and VHWMR 9VAC 20-60-124). Based on the merits of the application and the results of the public participation, Director will render the final permit decision. At that time he will issue a response to the comments received which will be made available to the public (40 CFR §124.12 and VHWMR 9VAC 20-60-124).        The mechanism for the appeal of a decision on the issuance or denial of permits is addressed in the Virginia Administrative Process Act (VAPA) in the Article dealing with the case decisions (Chapter 40, § 2.2-4000 et seq., of Title 2.2). Section § 2.2-4019 of the VAPA provides for informal fact-finding proceedings before the Director or his agent. These proceedings provide for the right of the parties to have reasonable notice to appear in person or by counsel, to have notice of any contrary fact basis or information, to receive prompt decision and to be informed of the factual or procedural basis for an adverse decision. This section enables VDEQ to first attempt to resolve controversies by consent. Should such consent not be achieved, § 2.2-4020, VAPA, provides for the formal taking of evidence upon relevant fact issues. Decisions or recommended decisions and findings of act arising from such a formal hearing become a part of the record. In support of its fact finding procedures, VDEQ may issue subpoenas requiring testimony or the production of evidence subject to certain rights specified in § 2.2-4022, VAPA. The final permit decision will be furnished to the applicants and, together with the full record or case file, will be made available for public inspection or copying subject to certain exceptions specified in § 2.2-4023, VAPA. Any party aggrieved by and claiming unlawfulness of the permit decision has a right to the direct court review. The conditions and the mechanism of such review are specified in Article 5 of the Administrative Process Act, § 2.2-4026, et seq.        The VHWMR provide for certain exemptions from the full permit issuance procedures: continued federal HWM permits (VHWMR 9VAC 20-60-270.B.5.), interim status (VHWMR 9VAC 20-60-270.B.7), permits-by-rule, emergency permits, trial burn permits, and land treatment demonstration permits (VHWMR 9VAC 20-60-270). VHWMR 9VAC 20-60-270 includes Research and Development permits provided for by 40 CFR 270.65. These exemptions are based on the permissive authorities contained in § 10.1-1402(9) of the Code of Virginia (1950), as amended.        In accordance with VHWMR 9VAC 20-60-270.B.5, hazardous waste management facilities that possess a RCRA permit issued by EPA are deemed to possess a valid permit in Virginia for the unexpired term of the EPA issued permit. Additionally, EPA permits, which were issued to Virginia facilities pursuant to HSWA requirements and constitute the federal portion of the combined Virginia-EPA permit, are considered as addenda to the Virginia permits and remain in effect for the unexpired term of the Virginia permit.        Facilities in operation on the date that applicable regulations become effective (i.e., "existing facilities") are considered to have interim status and are treated as having been issued a permit providing they meet the qualifications required by VHWMR 9VAC 20-60-270.B.7. Changes during interim status may be approved if the requirements of 40 CFR Part 270 Subpart G, as incorporated by reference in VHWMR 9VAC 20-60-270 are met. The VHWMR provide for termination of interim status for cause as described in VHWMR 9VAC 20 - -60-270.B.7. Such termination is subject to appeal procedures contained in VAPA and described previously. Currently, there are no facilities in Virginia operating under interim status.        Owners or operators of vessels used for ocean disposal and owners and operators of publicly owned treatment works are deemed to have a hazardous waste management permit if the conditions listed in 40 CFR §§ 270.1(c)(1)(ii) and 270.1(c)(1)(iii), incorporated by reference in VHWMR 9VAC 20-60-270, are met. Since Virginia regulations specifically prohibit disposal of hazardous waste by underground injection, no "permit-by-rule" provision exists for such disposal.        In cases of imminent and substantial endangerments to human health or the environment, the Director may issue temporary emergency permits. The conditions and limitations on such permits are described in 40 CFR §270.61 (VHWMR 9VAC 20-60-270). The Virginia requirements for the trial burn permits as shown in 40 CFR §270.62 (VHWMR 9VAC 20-60-270) are based on the federal requirements.        40 CFR §270.30 (VHWMR 9VAC 20-60-270) describes conditions applicable to permits and specifies various duties and requirements to be expressly addressed in each permit. The manner of establishing such conditions is described in 40 CFR §270.32 (VHWMR 9VAC 20-60-270). The administrative requirements concerning the effects of a permit, transfer of the permits, schedules of compliance, and requirements for recording and monitoring results are contained in 40 CFR §270.30  through 40 CFR §270.33  (9VAC 20-60-270). The duration of the Virginia HWM permit is limited by regulation to at most 10 years as per 40 CFR §270.50(a) (VHWMR 9VAC 20-60-270). The requirement to review land disposal permits is contained in 40 CFR 270.50(d).        Virginia regulations provide for modification, revocation and reissuance, or termination of permits. The general administrative rules follow the federal regulation in 40 CFR §270.41 and are incorporated by reference in VHWMR 9VAC 20-60-270, those for modification or revocation and re-issuance, and those for termination in 40 CFR §270.43. Modifications, revocations, re-issuance and notices of intent to terminate are considered to be a type of draft permit and are governed by appropriate regulations mentioned previously. Virginia Administrative Process Act procedures are applicable in all such cases.        To date, all treatment and storage facility operating permits have been issued.

 Facility Closure Plan Reviews - 40 CFR § 271.6(b)(1)

      The staff engaged in the hazardous waste permitting program also performs plan reviews (e.g., closures) and assists the regulated community with technical advice regarding closure of hazardous waste management units. Closure of regulated hazardous waste management units is performed per the closure standards of 40 CFR 265 and 40 CFR 264. Operators of permitted hazardous waste TSD facilities are required to submit notification to the Director prior to commencement of partial or final closure. This notification allows VDEQ the ability to review the permit's closure plans to ensure compliance with current standards. Additionally, interim status facilities are required to comply with the same requirements for the closure plan (including contingent and post-closure plans, as applicable). Once received, the closure plan is made available for public comment for 30 days. The Director will then approve or disapprove the plan. If disapproved, the facility may appeal the decision in accordance with the VAPA or submit a modified or new plan. If the new or modified plan still is deficient, the Director may modify the plan that will then become the approved plan.              Once the plan is approved, the facility is required to close the unit within the appropriate time as allowed per 40 CFR § 264.113 (VHWMR 9VAC 20-60-264). Certification of closure and supporting documentation is required to be submitted to the Director within 60 days of each closure (whether partial or full). The certification is signed by the owner or operator and by an independent, Virginia registered professional engineer. Additionally, if the facility closes the unit with hazardous constituents left in-place, the facility must apply for a post-closure care permit for the unit.              Facilities with unauthorized hazardous waste management units are identified by the compliance inspections and required to close these units through enforcement actions as described in the Enforcement Manual. Closure plan submittals for these facilities follow a similar procedure for review and approval; however, the standards for permitted units (VHWMR 9VAC 20-60-264) are applied.         Corrective Action Program  -  40 CFR §271.6(b)(1)

      Virginia uses a prioritization system that provides results consistent with national priorities to address the most environmentally significant sites first. Virginia has actively participated in and supported EPA's effort to rank Virginia's sites using the National Corrective Action Prioritization System (NCAPS). Virginia will continue to use this system in the future for new sites, or sites which still need to be ranked. Virginia will support EPA Region III's efforts to meet Government Performance for Results Act (GPRA) goals by addressing high priority sites first, and by continuing to address these high priority facilities until groundwater releases and human exposures have been controlled.              Corrective Action activities (interim measures, RFAs, RFIs, CMSs, CMIs, etc.) will be completed using current EPA guidance, manuals and policies. The State makes consistent progress toward meeting cleanup activity goals for the RCRA Corrective Action 2030 universe of facilities. Virginia's corrective action activities are performed by staff of the Office of Remediation Programs (ORP) with permitting support from the Office of Financial Responsibility and Waste Programs (OFRWP) through a Workflow Processing and Coordination between the OFRWP and ORP Agreement (August 2010). The Workflow agreement details the responsibilities of each office to ensure the Corrective Action program is implemented properly. The ORP staff is the technical lead for corrective action activities. ORP is responsible for reviewing and approving CA-related plans, reports, etc. as required by the permit or, if applicable, by the closure plan, and is responsible for the CA permit module development and modification.  The OFRWP staff are responsible for the non-groundwater/CA components and overall coordination of closure plans and any permit-related actions (issuance, reissuance or modifications). OFRWP will accomplish all administrative activities related to these actions, including completion of RCRAInfo forms and adding permit-related documents to the Enterprise Content Management (ECM) database used by DEQ as the electronic file of record for the agency.              The State consistently meets, or is making significant improvements toward meeting, corrective action grant commitments. Virginia has met many of its corrective action grant commitments over the last three years. During each of the last three fiscal years, Virginia has been amenable to taking on additional corrective action projects that have arisen during the course of the year as EPA corrective action staff have retired or changed positions.        Interim Status Facility        At 9VAC 20-60-265, Virginia has incorporated 40 CFR Part 265 and has identical requirements for interim status with the more stringent exception that interim status facilities are required to comply with the same provisions for closure and post-closure care that apply to permitted facilities.         Biennial Reports        Virginia's regulations incorporate the federal regulations regarding biennial reporting and are identical in their requirements. Reports are processed through the Biennial Reporting System and RCRAInfo process. For receiving 2021 hazardous waste biennial reports, VDEQ uses the Biennial Report online application developed by the U.S. Environmental Protection Agency. All Large Quantity Generators (LQGs) and Treatment, Storage, and Disposal Facilities (TSDFs) in Virginia are encouraged to submit their Biennial Report using this system.

    Enforcement General Inspections

   Inspections are conducted by the regional inspection staff using inspection checklists. VDEQ has developed checklists similar to those in use by EPA and developed additional checklists for requirements that are unique to Virginia's regulations and program.        Inspectors are retrained at least annually on safety and program basics. Semi-annual meetings are normally held for training updates on new regulations and procedures. Extensive specialized training on special issues are offered as lectures or as materials become available. The Hazardous Waste Compliance Coordinator also occasionally accompanies inspectors to provide on-the-job training, especially to less experienced inspectors. The Compliance Coordinator also develops and distributes specific guidance papers on special topics like the management of solar panels or hazardous waste pharmaceuticals.        Because of the limited availability of funds, inspection priorities and goals are negotiated with EPA Region III staff to accomplish the best mix to satisfy program requirements. The annual goals are divided into quarterly goals and monitored by the RCRAInfo Coordinator and the Hazardous Waste Compliance Coordinator.         Waste Minimization/Pollution Prevention        VDEQ, through its Office of Pollution Prevention (OPP), has promoted the development and use of Environmental Management Systems (EMS) as a method for achieving long-term environmental improvement, hopefully by means of source reduction at facilities around Virginia.  In an effort to assist these companies, VDEQ has developed the Virginia Environmental Excellence Program (VEEP).  Participation in VEEP is voluntary, and the program offers recognition, assistance, and incentives to encourage the development of an EMS by businesses, manufacturers, government agencies, and other organizations.         Availability of Information Procedures        The public may obtain information related to the hazardous waste management program from VDEQ's web site, WWW.DEQ.Virginia.gov or by submitting a Freedom of Information Act (FOIA) request from the following page on VDEQ's website: https://www.deq.virginia.gov/get-involved/about-deq/freedom-of-information-act. A small fee may be associated with large or difficult requests to cover the cost of staff time for retrieving electronic records or for duplication if a paper copy is requested. All FOIA requests are tracked and responded to in accordance with the Act. The FOIA specifically addresses citizens of Virginia; however, VDEQ attempts to process FOIA requests from outside of Virginia under the same procedures, except that response times may exceed those for Virginia citizens.        Except for information submitted with a subsequently-approved trade secret information protection form, VDEQ will not hold information as business confidential. VDEQ requires any submissions with an approved trade secret request form to include a version which does not include the confidential information to be available for the public upon request.

    Appeal Procedures        Anyone with standing who is aggrieved by any action of VDEQ should notify the Director at Director, Virginia Department of Environmental Quality, Post Office Box 1105, Richmond, Virginia 23218. All appeals and requests for a case decision will be governed by the VAPA. Both informal and adjudicatory procedures are available under the Act. Persons with standing may also seek judicial review directly in the Virginia circuit court of venue.

                Section 6. Compliance Tracking and Enforcement

   In the fulfillment of its grant commitments each fiscal year, VDEQ has formulated a comprehensive compliance strategy and conducts enforcement in accordance with established policy. The following description is keyed to the appropriate sections of Part 271, Title 40, Code of Federal Regulations (40 CFR), and only briefly addresses the most pertinent highlights. It should be read in conjunction with the formal RCRA Subtitle C Compliance Monitoring Strategy and the VDEQ Civil Enforcement Manual document dated April 28, 2009 (as updated on May 2, 2012; December 30, 2014; July 1, 2016; November 22, 2016;  December 1, 2016; and January 3, 2022).

    General  -  40 CFR 271.6(e)        Virginia's enforcement procedures are based on the Virginia Waste Management Act, the Virginia Administrative Process Act, and current regulations, and are consistent with federal requirements under 40 CFR § 271.6(e).        VHWMR 9VAC 20-60-262, 264, 265, and 270, and other pertinent sections of Virginia's regulations currently through Amendment 20, assure that operations of hazardous waste management facilities are conducted in accordance with State (and federal) standards and that permits issued by the State meet the requirements for Final Authorization. This includes compliance by hazardous waste generators and transporters and other regulated facilities per 9 VAC 20-60-262 and 263.        More specifically, VHWMR 9VAC 20-60-40 and 9VAC 20-60-50 authorize the State to conduct all necessary inspections, investigations, sampling and follow-up activities required to assure compliance. Coordination with other state agencies and the federal Department of Transportation is assured under VHWMR 9VAC20-60-420.

    Identification of the Regulated Community        In the thirty five years since base authorization was granted, the universe of hazardous waste and regulated hazardous waste facilities has changed and grown. Many facilities that initially notified in the early 1980s as small quantity generators have been evaluated and determined to be very small quantity generators, or to no longer exist. Over the years, new listings, used oil and universal waste brought many new generators and handlers into the RCRA universe. The first major revision to the generator requirement since they were first promulgated in 1980 took place in 2017 under the Generator improvements Rule. This rule placed more emphasis on generators making hazardous waste determinations, which should result in an increase in the hazardous waste generator universe.         Recently, the Hazardous Waste Pharmaceuticals Rule (finalized in 2019 and adopted by Virginia in 2019 under Amendment 20) changed the way that healthcare facilities and reverse distributors who generate and manage hazardous waste pharmaceuticals are regulated, and brought many new healthcare facilities into the hazardous waste universe that had not previously known that they were regulated by the incorporation of 40 CFR §266 Subpart P. Additionally, sewering of hazardous waste pharmaceuticals by these healthcare facilities is now prohibited which necessitates these healthcare facilities finding new ways to manage hazardous waste pharmaceuticals        In the current program in 2022, identification of non-notifiers continues to be a major compliance effort in Virginia. VDEQ has conducted outreach and hazardous waste determination training specifically aimed at healthcare facilities and non-notifiers. Referrals from the Pollution Response and Preparedness program at VDEQ continue to bring new facilities into the hazardous waste program as well. Also, the solid waste facilities, fire and police officers, Occupational Safety and Health Administration inspectors and many others are likely to spot inappropriate activity and know VDEQ as the place to report suspected acts. VDEQ also operates the SARA Title III program and has information available to it from its Clean Water Act and Clean Air Act programs, among others.

    Inspection and Workload Analysis

   VDEQ's current level of staffing is capable of performing the authorized program with negotiated VDEQ/EPA goals. Currently, these goals target inspections that are risk-based. An expanded and enhanced program that considers the entire universe of hazardous waste facilities would be desirable, but does not seem likely with decreasing funding that has taken place over the years. However, Virginia continues to maintain a high quality program through internal tracking and work-sharing across VDEQ regions. This kind of cooperation is especially desirable since it leads to a mentoring situation and insures that the highest level of expertise possible is available for that effort.

    Data Management        One way that VDEQ and EPA have and will be able to manage the increasing effort is by more sophisticated data management. In 2000, the data contained in the RCRIS data base moved into an ORACLE(R) system called RCRAInfo with VDEQ remaining responsible for management of Virginia's sector.  Today VDEQ manages both the Biennial Reporting System and RCRAInfo for Virginia's sector.         In 1996, VDEQ began direct input into the RCRIS (current RCRAInfo) database system and assumed total management of the Virginia RCRIS sector in 1997. DEQ is the implementer for all RCRAInfo modules and responsible for entering information into the system and maintaining system security.  There are six data modules in RCRAInfo as well as the Biennial Reporting (BR) component.  Of the six modules, only the Geographical Information System (GIS) module is optional.  The six modules are:

       Handler               Compliance, Monitoring, and Enforcement (CM&E)               Permitting               Corrective Action (CA)               Financial Assurance (FA)               Geographical Information System (GIS)

   VDEQ is also responsible for approving the site management requests from facilities to submit e-manifests online.  VDEQ opted to use EPA's MyRCRAId tool to receive new and subsequent notifications for site IDs online in addition to paper. For the 2021 BR, VDEQ uses RCRAInfo Version 6 to submit data to EPA.        The use of these modern tools is not only efficient and reduces the need for additional staff, but it also encourages other efficiencies such as data quality. To maintain data quality, VDEQ follows the RCRAInfo technical document provided in Attachment III.         Compliance Monitoring        Inspectors in the regional offices, regional Land Protection Managers, along with a compliance coordinator and program manager in the Central office keep the program running efficiently and smoothly. These individuals have established a system of continuous communication and consultation to maintain the quality and consistency of the compliance program. VDEQ has continued to implement its hazardous waste inspector training program, including a semi-annual training meeting with EPA, annual inspector workshops, monthly conference calls, special training for new program elements (such as GIR and the HW Pharmaceuticals Rule) and the hosting of EPA-sponsored seminars and similar seminars by national organizations. These existing efforts are adequate to carry on the fully authorized program.         Enforcement Process

       Pathways  -  40 CFR § 271.15(b)

      The primary pathway by which violations come to VDEQ's attention is the regularly scheduled compliance evaluation inspection. While such a process is resource intensive, there is no feasible substitute for a thorough inspection and physical inventory of all required safeguards and documents to determine a meaningful compliance assessment with all the regulatory requirements. To ensure that VDEQ's limited inspection resources are optimized, VDEQ established the following prioritization scheme listed in decreasing order of priority:

          Re-inspection of all handlers with unresolved non-compliance history;                   Inspection of commercial TSDs every two years;                  Inspection of Land Disposal facilities every three years;                  Inspection of Large Quantity Generators at least every five years;                  Inspection of five percent of the small quantity or very small quantity generator universe every year except where authorized to off-set such inspections pursuant to the EPA Compliance Monitoring Strategy; and                  Inspection of RCRA-regulated facilities and transporters, including hazardous waste fuel generators, burners of used oil and mixed waste generators.

             Prior to each field inspection, the entire record of the handler, including information obtained from other VDEQ programs, is reviewed in the office to ensure that the inspector knows about all pertinent documents.              For Virginia's permitted TSD universe, compliance monitoring and enforcement procedures do not distinguish between interim status facilities, facilities that have received final permits, and facilities in the permit reissuance process. Virginia does not currently have any interim status facilities. Should any new facilities apply for hazardous waste permits in the future, those facilities would be inspected at the same frequency as permitted facilities, even though the standards against which compliance is evaluated differ substantially. Additionally, much of the evaluation of the adequacy of the planning documents (prevention and preparedness, contingency, waste analysis, environmental monitoring, closure and post-closure, etc.), which are currently performed at the facility being inspected during the course of the on-site evaluation, would be carried out in the office during the permitting process. Therefore, inspecting against permit conditions will save considerable field time. Thus, the workload associated with the evaluation program is expected to remain essentially unchanged.              The number of inspections and priorities for inspections for future years will be negotiated annually between VDEQ and the EPA Region 3 as part of the grant process and will reflect the annual RCRA guidance. In addition to regularly scheduled compliance evaluation visits, VDEQ investigates all reported or suspected violations brought to its attention by other State Offices (e.g., Virginia Department of Labor and Industry, Virginia State Police, local health departments, etc.) or by private citizens. As part of our regionalization concept, attention to these reported/suspected violations is increased, as the staff performing the compliance-assurance visit is more accessible in the regional offices.              The last pathway by which violations are detected is the review of documents required for periodic submissions such as the financial responsibility requirements, the biennial report, and treatment, storage and disposal facility reports.              The Virginia Regulations Governing Transportation of Hazardous Materials (9VAC 20-110-10, et seq., Appendix A) are enforced by the Virginia State Police and local law enforcement officers that have received training in hazardous materials transportation. Any violations of the Hazardous Waste Management Regulations detected in transit are reported to VDEQ for further enforcement. The staff routinely inspects transfer facilities of transporters of hazardous waste.               Violation Classification - 40 CFR §§ 271.6(e) and 271.16(c)

      While every instance of non-compliance with the regulatory requirements must be corrected, the inherent nature of the regulations dictates a graduated response to the situations encountered in the regulated community. Such graduated response will depend very heavily on the context of the circumstances prevailing at the management level, history of non-compliance with the regulatory requirements, failure to perform necessary preventive or corrective actions, failure to establish the effective management systems and controls, as well as the possibility that non-compliance with regulations might result in an economic benefit to the violator.              VDEQ ensures that the compliance inspection staff performs high quality inspections and prepares complete and accurate inspection reports following the principles established in the OECA Program Manager's Guidance, RCRA Subtitle C Program Compliance Monitoring Strategy, EPA's 2003 Hazardous Waste Civil Enforcement Response Policy, and the VDEQ Hazardous Waste Inspector Handbook (2016) which is  an internal inspection guidance manual, that includes current inspection checklists, compliance assistance materials, and inspection procedure protocols. VDEQ conducts an annual training seminar for inspectors to address new issues, regulation changes, and review established agency procedures, and provides several EPA sponsored training opportunities on specific topics throughout the year. VDEQ central office evaluates and ensures consistency in the quality of the regional inspection program by review of inspection reports, joint inspections with each regional inspector, a monthly conference call with regional staff to address specific compliance related issues, and by providing daily and as needed technical assistance to regional staff through the hazardous waste compliance coordinator.              VDEQ takes timely and appropriate enforcement action and makes Significant Non-Compliance (SNC) designations in accordance with EPA's 2003 Hazardous Waste Civil Enforcement Response Policy and the 2009 Virginia VDEQ Civil Enforcement Manual (as amended).              Internal consistency of the classification system is achieved through the personal involvement of the Deputy Regional Directors, Regional Enforcement staff, Regional Land Protection Manager(s), and the Central Office compliance and enforcement support staff. Additionally, the enforcement guidance is utilized to promote consistency between the regions. Before a course of action is selected, the violations are put into proper historical and factual contexts to ensure a fair and measured response to the discovered non-compliance.               Enforcement Events and Tools  -  40 CFR § 271.6(e)

      The typical chain of events from the point of detection of a violation to its final administrative disposition is shown in the Enforcement Manual.              When a violation occurs that is found to require an emergency action to correct issues that are immediately dangerous to the public life and health, the Waste Management Board (or the Director when the Board is not in session) is authorized to issue separate orders and regulations pursuant to § 10.1-1402(17), Title 10.1, Code of Virginia (1950), as amended. Alterna - tively, the violation may be referred to the Office of the Attorney General to seek a temporary restraining order or other appropriate remedies from the civil court. When such an emergency situation arises, VDEQ staff will immediately contact both the Attorney General's Office and the Director for instruction and an authorization to proceed with the alternative selected. Should the information indicate that the violation was a knowing act (§ 10.1-1455B, Code of Virginia (1950), as amended), the Director may refer the case to VDEQ of the State Police to initiate the appropriate criminal investigation. The 2005 amendments to the Virginia Waste Management Act increased the fines from $25,000 to $32,500. In case of violations that do not require an immediate action, the inspector and the Regional Land Protection Manager, with the assistance of the Central Office staff, if needed, determine the proper classification of the non - compliance discovered as the result of a compliance-assurance visit or the record review procedure. The detailed procedures are shown in the Enforcement Manual.               Penalty Assessment - § 271.16(c) as described in Section 2 above.

      In § 10.1-1455 C, the Board is authorized to issue orders to require any person to comply with the provisions of any law administered by the Board, the Director or VDEQ, any condition of a permit or certification, or any regulations promulgated by the Board or to comply with any case decision. In § 10.1-1455 G, the Board may issue administrative orders for the violation of: (i) any law or regulation administered by the Board; (ii) any condition of a permit or certificate issued pursuant to this chapter, or (iii) any case decision or order of the Board. Issuance of an administrative order shall be a case decision. Administrative Orders issued pursuant to this subsection may include penalties of up to $32,500 per violation and may compel the taking of corrective actions or the cessation of any activity upon which the order is based. Orders issued pursuant to this subsection shall become effective five days after having been delivered to the affected persons or mailed by certified mail to the last known address of such persons. Should the Board find that any person is adversely affecting the public health, safety, welfare, or the environment, the Board shall, after a reasonable attempt to give notice, issue, without a hearing, an emergency administrative order directing the person to cease the activity immediately and undertake any needed corrective action. The Board shall then, within ten days, hold a hearing, after reasonable notice as to the time and place thereof to the person, to affirm, modify, amend or cancel the emergency administrative order. If the Board finds that a person who has been issued an administrative order or an emergency administrative order is not complying with the orders terms, the Board may utilize the enforcement and penalty provisions of this article to secure compliance.              Paragraph 10.1-1455 D, Title 10.1, Code of Virginia (1950), as amended, applicable in general to the penalties imposed by the Board or the Director, provides that willfully violating or refusing, failing or neglecting to comply with any regulation or order of the Board or the Director, any condition of a permit or certification or any provision of this chapter shall be guilty of a Class 1 misdemeanor unless a different penalty is specified. In addition, § 10.1-1455B provides that any person who knowingly transports any hazardous waste to an unpermitted facility; who knowingly treats, stores, or disposes of hazardous waste without a permit or in violation of a permit; or who knowingly makes any false statement or representation in any application, disclosure statement, label, manifest, record, report, permit, or other document filed, maintained, or used for purposes of hazardous waste program compliance shall be guilty of a felony punishable by a term of imprisonment of not less than one year nor more than five years and a fine of not more than $32,500 for each violation, either or both. An amendment at § 10.1-1455 I provides that any person who knowingly transports, treats, stores, disposes of, or exports any hazardous waste in violation of this chapter or in violation of the regulations promulgated by the Board and who knows at the time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be guilty of a felony punishable by a term of imprisonment of not less than two years nor more than fifteen years and a fine of not more than $250,000, either or both. A defendant that is not an individual shall, upon conviction of violating this section, be subject to a fine not exceeding the greater of one million dollars or an amount that is three times the economic benefit realized by the defendant as a result of the offense, whichever is greater. The maximum penalty shall be doubled with respect to both fine and imprisonment for any subsequent conviction of the same person. Cases of such nature are brought before an appropriate court by Virginia attorneys and may be investigated by the Bureau of Criminal Investigations, the Department of State Police, the Federal Bureau of Investigation, or local police authorities. VDEQ coordinates with those agencies by participating in several regional environmental crime task forces.              VHWMR, 9VAC 20-60-70 F, provides for the public participation in the enforcement process by requiring that all citizen complaints be investigated and responded to in writing, not opposing on intervention and by publishing notices for 30 days of public comment for any settlements of civil enforcement action.              Civil penalties sought or agreed upon by VDEQ will be commensurate with the violation. Pursuant to Section 10.1-1455(L), the Board has established criteria for calculating a civil penalty and developed guidance implementing this criteria. The actual penalty will take into account:                  An amount appropriate to address harm or risk to public health or the environment;                  An amount appropriate to remove the economic benefit from the delayed compliance;                  The degree of recalcitrance, defiance or indifference on the part of the violator;                  Extraordinary cost of investigations, inspections, or monitoring incurred by Virginia; and                  Factors beyond the violators control.

      Civil charges provided for in § 10.1-1455 F would normally be sought from violators that may have gained significant economic benefit from non-compliance, from violators who might perceive that an order is not a sufficient deterrent or who might otherwise not act on an order, or SNCs. The amount of such charges will take into account the factors listed for civil penalties and be in accordance with the follow OCEA civil enforcement policy for RCRA.              [Note: See also VDEQ Civil Enforcement Manual, Appendix A, which contains the waste penalty policy, civil charge policy and other detailed description of the enforcement policies and procedures.]               Legal Staff Resources  -  40 CFR § 271.6(b)

      The Virginia Hazardous Waste Management Program is supported by the Office of the Attorney General (OAG) primarily through assistant attorney generals who furnish support expertise and representation in all matters of enforcement, permit issuance, and program development. The OAG currently maintains an environment and natural resources section which provides primary representation and advice to VDEQ and which maintains at least one assistant attorney general who is assigned waste program representation.  Additional support may be received from other attorneys should the need arise. The routine direct access in these cases, as a matter of the internal policy of VDEQ are limited to the Director, Division Directors, the Regional Directors, the Regional Assistant Directors, Office Directors, and specified others. In case of an emergency need for legal assistance, all members of VDEQ have and will continue to have direct access to the attorneys.            Inspection Practices and Procedures

 Types of Inspections  -  40 CFR §§ 271.15(b) and (d)

      It is the policy of VDEQ to perform compliance evaluation inspections (CEI) or focused compliance inspections (FCI) of persons engaged in hazardous waste management subject to Virginia regulations. These comprehensive surveys are performed during field visits irrespective of the nature of the handler (generator, transporter, or operator of a facility) or the reason for such a visit (periodic inspection, compliance reinspection, investigation of a complaint, result of the record review, facility self-disclosure). This policy is based on the philosophy that the resources expenditures involving travel justify expenditure of time required to perform CEI's and would often eliminate the need to schedule a routine periodic inspection at a later date, thus saving resources for both the State and company personnel. As a part of each CEI or FCI, all applicable checklists are filled out. These checklists are filled out at the time of CEI or shortly thereafter in the office. A copy of completed documents is mailed to the inspected facility, along with a letter summarizing the results of the visit and requiring corrective action, if any, issuing a warning or issuing a notice of violation. The priority of scheduled (periodic) visits has been described previously in Section F.1 of this document.              Compliance reinspections are performed, in general, as soon as possible after the expiration of the compliance deadline except in cases when full compliance may be achieved by the violator by furnishing VDEQ merely the corrected version of the deficient documents. Should a visit be indicated, reinspection is always coupled with a CEI or FCI as mentioned above.              Unless the investigation of a complaint indicates that the activity should not be regulated under the VHWMR, a CEI or FCI may be performed at the time of the visit. As mentioned in Section F.4 of this document, all reported or suspected violations are investigated by VDEQ. The investigation would involve a visit if the information is available to locate the site where the alleged violation(s) occurred.              In addition to various field inspections described above, VDEQ conducts reviews of records pertaining to groundwater monitoring, closure and post-closure plans, financial documents, exception/discrepancy reports, and the required periodic reports. These record reviews are conducted both on a scheduled basis timed to follow shortly upon the expiration of the reporting deadline and prior to each CEI, when all records pertaining to the activity are reviewed by the person who will perform the inspection. A review of the records that are required to be kept at the activity are routinely performed during each CEI.         Inspection Personnel -	40 CFR §§271.6(b)(1) and 271.15(b)

      Only employees of VDEQ or occasionally EPA perform inspections and record reviews. The program has not used in the past, nor does it intend to use in the future, contractor personnel to perform any compliance evaluation action.          Personnel Qualifications  -  40 CFR §§ 271.6(b)(1) and 271.15(b)

      All VDEQ personnel engaged in field inspections are required to be technically proficient in the basic sciences such as chemistry, hydrogeology, and environmental science. Senior staff hold higher level degrees or have extensive experience in the environmental science field. All newly hired personnel undergo internal training by the experienced members of VDEQ, in all aspects of the RCRA program and conducting inspections, before they are scheduled to perform independent work. Whenever EPA seminars, workshops or short courses are announced, the maximum available staff is encouraged to attend. The intent of the training program is to foster the broadest competence in all aspects of the RCRA program. Experienced personnel attend technical refresher training, research and development oriented seminars, and conferences sponsored by the professional societies in their own professional field. VDEQ maintains an Office of Training Services to provide assistance in the identifying and scheduling of training for new and experienced inspectors.              Compliance/Enforcement Organization  -  40 CFR §§ 271.6(b), 271.6(e) and 271.15(b)

      The present compliance and enforcement staff is sufficient to carry out the program's enforcement and compliance responsibilities.              VDEQ does not plan to rely on EPA contractors to provide technical support for the compliance/ enforcement programs. Should such a requirement materialize at a later date, the VDEQ program will supplement its expertise using internal expertise throughout VDEQ in a work-sharing capacity.              VDEQ is committed to the policy of resolving all instances of non-compliance identified through various pathways mentioned above at the earliest feasible time. The overall strategy integrating immediate and long-term objectives and of the appropriate program measurements is shown in the Enforcement Manual.

    Radioactive and Hazardous (Mixed) Waste Management Capabilities -  40 CFR §271.6(b)(1)

   VDEQ personnel, by virtue of their college educations, training, and experience, have the     ability to effectively regulate mixed waste. There are trained staff in VDEQ and the Virginia Department of Health with the experience and expertise necessary to ensure that proper procedures will be followed to eliminate any radioactive exposure hazard that might be posed to state inspectors during site inspections of mixed waste units. All inspection staff have received appropriate safety training, and comply with recommended safety procedures at each facility that is inspected.         Manifest System  -  40 CFR §271.6(f)        Virginia has elected to incorporate by reference and follow the federal manifest system procedures and has not required submission of the individual manifests to VDEQ for processing. However, Virginia does require submission of the biennial reports by large quantity generators, and owners or operators of TSD facilities.        The VHWMR by incorporated federal text requires the use of manifests, which can be paper, electronic, or a combination by all that manage hazardous wastes, unless excluded by the regulations. This is consistent with Federal requirements. EPA has moved to the use of an electronic manifest system effective June 30, 2018. EPA is implementing this program, although VDEQ has adopted the regulations applicable to electronic manifest for convenience of the regulations.                         Section 7. Estimated Regulated Activities

    Estimated Types and Number of Regulated Activities - §271.6(g)-(h)        The estimated types and numbers of regulated activities in Virginia are presented in Table 4.     It is estimated that there are seven mixed radioactive waste generators in Virginia. These include the Virginia Power nuclear reactors in Surry and Louisa counties, the Norfolk Naval Shipyard, as well as hospitals, industry, disposal service companies, and the federal and state agencies. Table 4*

                   PERMIT STATUS                                No. of Facilities

                                INTERIM STATUS PERMITTED                                         Large Quantity Generators NA NA                                       289 Small Quantity/Conditionally Exempt NA NA                                      2082 Subpart P Health Care Facilities NA NA                                       69 Transporters NA NA                                       139 Treatment & Storage Facilities: on-site  off-site 0 0 5 3                                       5 3 Combustion Facilities: on-site off-site 0 0 1 0                                        1                                        0 Subpart X Facilities 0 3                                        3 Corrective Action Only Permits NA 14                                                                                1 Disposal Facilities: on-site off-site 0 0 0 0                                        0

                                      Closing                         Require Post-  Closure Permits                             Post-Closure Permitted                                      Total Land-Disposal Facilities 0 0 9 9

Type of Activity                               Number of Handlers                             Waste Quantities (tons) Tons Generated VSQG                                       667                                     61,042 Amount Received into the State                                           n/a                                       369 Amount Shipped out of the State                                           n/a                                     61,432

Breakout of Table 4 Waste Type Amount (tons) Characteristic Only 33,627 Listed Only 16,316 Characteristic and Listed 11,095 Unknown 4 *Based on 2022 RCRAInfo data

    Use of Federal Forms - §271.6(d)

   VDEQ presently requires the use of federal forms and does not intend to publish forms other than those contained within the regulations themselves.                            Section 8. Copies of State Forms

All forms used by Virginia for hazardous waste management are forms of the EPA located in Title 40 of the Code of Federal Regulations and are incorporated by reference into Virginia's regulations.

                                  Appendix A                            Links to Online References

 Virginia Hazardous Waste Management Regulations: https://law.lis.virginia.gov/admincode/title9/agency20/chapter60/

 Virginia Hazardous Material Transportation Regulations: https://law.lis.virginia.gov/admincode/title9/agency20/chapter110/

 Department of Environmental Quality Enforcement Manual: https://townhall.virginia.gov/L/gdocs.cfm?agencynumber=440

 Inspection Checklists: https://townhall.virginia.gov/L/ViewGDoc.cfm?gdid=6410

5. Virginia Waste Management Board Public Participation Guidelines:      9VAC 20-11, et seq.,

6. Department of Environmental Quality's Public Participation Guidelines:      9VAC 15-11-50, et seq.

                        Section 9. List of Attachments

Attachment I -Organizational Charts: Virginia Department of Environmental Quality Attachment II- Memorandum of Agreement Between EPA and DEQ Attachment III- RCRAInfo Technical Document


[Federal Register Volume 84, Number 250 (Tuesday, December 31, 2019)]
[Rules and Regulations]
[Pages 72230-72231]
[FR Doc No: 2019-27868]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 101

[Docket No. FDA-2018-D-1459]

Food Labeling: Serving Sizes of Foods That Can Reasonably Be
Consumed at One Eating Occasion, Reference Amounts Customarily
Consumed, Serving Size-Related Issues, Dual-Column Labeling, and
Miscellaneous Topics; Guidance for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notification of availability.

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

SUMMARY: The Food and Drug Administration (FDA or we) is announcing the
availability of a final guidance for industry entitled ``Food Labeling:
Serving Sizes of Foods That Can Reasonably Be Consumed At One Eating
Occasion, Reference Amounts Customarily Consumed, Serving Size-Related
Issues, Dual-Column Labeling, and Miscellaneous Topics.'' The final
guidance provides questions and answers on topics related primarily to
implementing two final rules, one entitled ``Food Labeling: Serving
Sizes of Foods That Can Reasonably Be Consumed At One Eating Occasion;
Dual-Column Labeling; Updating, Modifying, and Establishing Certain
Reference Amounts Customarily Consumed; Serving Size for Breath Mints;
and Technical Amendments,'' and the other entitled ``Food Labeling:
Revision of the Nutrition and Supplement Facts Labels.'' The final
guidance also discusses formatting issues for dual-column labeling,
products that have limited space for nutrition labeling, and additional
issues dealing with compliance.

DATES: December 31, 2019.

ADDRESSES: You may submit either electronic or written comments on FDA
guidances at any time as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2018-D-1459 for ``Food Labeling: Serving Sizes of Foods That Can
Reasonably Be Consumed at One Eating Occasion, Reference Amounts
Customarily Consumed, Serving Size-Related Issues, Dual-Column
Labeling, and Miscellaneous Topics; Draft Guidance for Industry.''
Received comments will be placed in the docket and, except for those
submitted as

``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' We will review
this copy, including the claimed confidential information, in our
consideration of comments. The second copy, which will have the claimed
confidential information redacted/blacked out, will be available for
public viewing and posted on https://www.regulations.gov. Submit both
copies to the Dockets Management Staff. If you do not wish your name
and contact information to be made publicly available, you can provide
this information on the cover sheet and not in the body of your
comments and you must identify this information as ``confidential.''
Any information marked as ``confidential'' will not be disclosed except
in accordance with 21 CFR 10.20 and other applicable disclosure law.
For more information about FDA's posting of comments to public dockets,
see 80 FR 56469, September 18, 2015, or access the information at:
https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    Submit written requests for single copies of the guidance to the
Office of Nutrition and Food Labeling, Center for Food Safety and
Applied Nutrition, Food and Drug Administration, 5001 Campus Dr.,
College Park, MD 20740. Send two self-addressed adhesive labels to
assist that office in processing your request. See the SUPPLEMENTARY
INFORMATION section for electronic access to the guidance.

FOR FURTHER INFORMATION CONTACT: Jillonne Kevala, Center for Food
Safety and Applied Nutrition, Food and Drug Administration, 5001 Campus
Dr., College Park, MD 20740,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    We are announcing the availability of a final guidance for industry
entitled ``Food Labeling: Serving Sizes of Foods That Can Reasonably Be
Consumed At One Eating Occasion, Reference Amounts Customarily
Consumed, Serving Size-Related Issues, Dual-Column Labeling, and
Miscellaneous Topics.'' We are issuing this guidance consistent with
our good guidance practices regulation (21 CFR 10.115). The guidance
represents the current thinking of FDA on this topic. It does not
establish any rights for any person and is not binding on FDA or the
public. You can use an alternative approach if it satisfies the
requirements of the applicable statutes and regulations.
    In the Federal Register of November 5, 2018 (83 FR 55323), we
announced the availability of a draft guidance entitled, ``Food
Labeling: Serving Sizes of Foods That Can Reasonably Be Consumed At One
Eating Occasion, Reference Amounts Customarily Consumed, Serving Size-
Related Issues, Dual-Column Labeling, and Miscellaneous Topics.'' The
draft guidance was intended to provide questions and answers on topics
related primarily to two final rules: (1) ``Food Labeling: Serving
Sizes of Foods That Can Reasonably Be Consumed At One Eating Occasion;
Dual-Column Labeling; Updating, Modifying, and Establishing Certain
Reference Amounts Customarily Consumed; Serving Size for Breath Mints;
and Technical Amendments'' (81 FR 34000 (May 27, 2016)); and (2) ``Food
Labeling: Revision of the Nutrition and Supplement Facts Labels'' (81
FR 33742 (May 27, 2016)).
    We gave interested parties until January 4, 2019, to submit
comments for us to consider before beginning work on the final version
of the guidance. We received over 40 comments on the draft guidance and
have modified the final guidance where appropriate. Changes to the
guidance include:
     Providing additional background information in response to
a question regarding reference amounts customarily consumed (RACCs) for
non-juice beverages for infants and young children;
     Modifying for clarity a question and response concerning
whether the Nutrition Facts label for products sold in small packages
(e.g., certain sugar-free chewing gums) must list all nutrients that
are contained in insignificant amounts; and
     Modifying the response to a question regarding the
placement of the Nutrition Facts and Supplement Facts labels to clarify
that the Nutrition Facts or Supplement Facts label should not be placed
on the bottom of packages (such as the bottom of boxes, cans, and
bottles), unless they are visible during normal retail display and
consumer handling.
    The guidance announced in this notice finalizes the draft guidance
dated November 2018.

II. Paperwork Reduction Act of 1995

    This final guidance refers to previously approved collections of
information found in FDA regulations. These collections of information
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521). The
collections of information in 21 CFR part 101 have been approved under
OMB control number 0910-0381.

III. Electronic Access

    Persons with access to the internet may obtain the guidance at
either https://www.fda.gov/FoodGuidances or https://www.regulations.gov. Use the FDA website listed in the previous
sentence to find the most current version of the guidance.

    Dated: December 19, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2019-27868 Filed 12-30-19; 8:45 am]
BILLING CODE 4164-01-P


SF 83 SUPPORTING STATEMENT ENVIRONMENTAL PROTECTION AGENCY NSPS for Incinerators ( 40 CFR part 60, subpart E)

1. Identification of the Information Collection 1( a) Title of the Information Collection NSPS for Incinerators ( 40 CFR part 60, subpart E) ( Renewal)

1( b) Short Characterization/ Abstract The New Source Performance Standards ( NSPS) for Incinerators were promulgated on December 23, 1971. These standards apply to incinerators that charge more than 45 metric tons per day ( 50 tons per day) of solid waste for the purpose of reducing the volume of the waste after promulgation of NSPS subpart E in 1971. Solid waste is defined as refuse that is more than 50 percent municipal wastes. This information is being collected to assure compliance with 40 CFR part 60, subpart E.

Owners or operators of the affected facilities described must make one time only notifications including: ( 1) notification of any physical or operational change to an existing facility which may increase the regulated pollutant emission rate; ( 2) notification of the initial performance test, including information necessary to determine the conditions of the performance test; and ( 3) performance test measurements and results. Owners or operators are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction ( SSM) in the operation of an affected facility, or any period during which the monitoring system is inoperative. Monitoring requirements specific to NSPS subpart E, provides information on daily charging rates and the hours of operation.

Approximately 82 sources are currently subject to the regulation. It is estimated that no new sources will become subject to 40 CFR part 60, subpart E in the next three years, as new sources will be subject to 40 CFR part 60, subpart Eb or 40 CFR part 60, subpart AAAA. Large Municipal Waste Combustors ( MWC) with a capacity greater than 250 tons per day that are constructed, modified, or reconstructed after September 20, 1994 are subject to 40 CFR part 60, subpart Eb. Small MWCs with capacities of 35 to 250 tons per day of municipal solid waste that commenced construction after August 30, 1999, or commenced reconstruction or modification after June 6, 2001, are subject to 40 CFR part 60, subpart AAAA. While it is not anticipated that new sources will be subject to reporting requirements, existing sources will still need to comply with the recordkeeping requirements of the regulations. The average annual cost to industry over the next three years of this Information Collection Request ( ICR) is estimated to be $ 530,926.

Any owner or operator subject to the provisions of this part will maintain a file of these measurements, and retain the file for at least two years following the date of such measurements, 2 maintenance reports, and records. All reports are sent to the delegated state or local authority. In the event that there is no such delegated authority, the reports are sent directly to the United States Environmental Protection Agency ( EPA) regional office.

OMB approved the currently active ICR without any " Terms of Clearance."

2. Need for and Use of the Collection 2( a) Need/ Authority for the Collection The EPA is charged under Section 111 of the Clean Air Act ( CAA), as amended, to establish standards of performance for new stationary sources that reflect:

. . . application of the best technological system of continuous emissions reduction which ( taking into consideration the cost of achieving such emissions reduction, or any non air quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated. Section 111( a)( l).

The Agency refers to this charge as selecting the best demonstrated technology ( BDT). Section 111 also requires that the Administrator review and, if appropriate, revise such standards every four years.

In the Administrator's judgment, particulate matter emissions from municipal incinerators cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare. Therefore, the NSPS were promulgated for this source category at 40 CFR part 60, subpart E.

2( b) Practical Utility/ Users of the Data The control of emissions of particulate matter from municipal incinerators requires not only the installation of properly designed equipment, but also the operation and maintenance of that equipment. Emissions of particulate matter from municipal incinerators are the result of operation of the affected facilities. The subject standards are achieved by the reduction of particulate matter emissions using control technology and leak detection and repair procedures. The notifications required in the applicable regulations are used to inform the Agency or delegated authority when a source becomes subject to the requirements of the regulations. The reviewing authority may then inspect the source to check if the pollution control devices are properly installed and operated and leaks are being detected and repaired and the regulations are being met.

Performance test reports are needed as these are the Agency's records of a source's initial 3 capability to comply with the emission standards, and serve as a record of the operating conditions under which compliance was achieved. The information generated by the monitoring, recordkeeping and reporting requirements described in this ICR is used by the Agency to ensure that facilities that are affected by the NSPS continue to operate the control equipment in compliance with the regulation. Adequate monitoring, recordkeeping, and reporting are necessary to ensure compliance with the applicable regulations, as required by the Clean Air Act. The information collected from recordkeeping and reporting requirements is also used for targeting inspections, and is of sufficient quality to be used as evidence in court.

3. Nonduplication, Consultations, and Other Collection Criteria The requested recordkeeping and reporting are required under 40 CFR part 60, subpart E.

3( a) Nonduplication If the subject standards have not been delegated, the information is sent directly to the appropriate EPA regional office. Otherwise, the information is sent directly to the delegated state or local agency. If a state or local agency has adopted their own similar standards to implement the Federal standards, a copy of the report submitted to the state or a local agency can be sent to the Administrator in lieu of the report required by the Federal standards. Therefore, no duplication exists.

3( b) Public Notice Required Prior to ICR Submission to OMB An announcement of a public comment period for the renewal of this ICR was published in the Federal Register ( FR citation, e. g., 69 FR 29718) on May 25, 2004. No comments were received on the burden published in the Federal Register.

3( c) Consultations For the information collection, we referenced the most recent ICR, and accessed the most recent data available on the Air Facility System ( AFS) database as maintained by the Office of Compliance. We reviewed information available from the United States Census Bureau, and other websites covering incinerators. We consulted with the EPA's Office of Air Quality Planning and Standards, Information Transfer, the Program Integration Division and Pickens Country Solid Waste, Louise Holden at: ( 864) 859 3492.

3( d) Effects of Less Frequent Collection Less frequent information collection would decrease the margin of assurance that facilities are continuing to meet the standards. Requirements for information gathering and recordkeeping are useful techniques to ensure that good operation and maintenance practices are applied and emission limitations are met. If the information required by these standards was collected less 4 frequently, the likelihood of detecting poor operation and maintenance of control equipment and noncompliance would decrease.

3( e) General Guidelines None of these reporting or recordkeeping requirements violate any of the regulations established by OMB at 5 CFR 1320.5( d)( 2).

3( f) Confidentiality Any information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to the Agency policies set forth in Title 40, Chapter 1, part 2, subpart B  Confidentiality of Business Information ( see 40 CFR 2; 41 FR 36902, September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43 FR 42251, September 20, 1978; 44 FR 17674, March 23, 1979).

3( g) Sensitive Questions None of the reporting or recordkeeping requirements contain sensitive questions.

4. The Respondents and the Information Requested 4( a) Respondents/ SIC Codes The respondents to the recordkeeping and reporting requirements are incinerators. The United States Standard Industrial Classification ( SIC) code for the respondents affected by the standards, which corresponds to the North American Industry Classification System ( NAICS) codes, are listed below for source category description.

Standard ( 40 CFR part 60, subpart E) SIC Codes NAICS Codes Air and Water Resource and Solid Waste Management 9511 924110 Refuse Systems ( hazardous waste treatment and disposal) 4953 562211 Refuse Systems ( material recovery facilities) 4953 562920 Refuse Systems ( other nonhazardous waste treatment and disposal) 4953 562219 Refuse Systems ( solid waste combustors and incinerators) 4953 562213 Refuse Systems ( solid waste landfills) 4953 562212 5 4( b) Information Requested None of these reporting or recordkeeping requirements violate any of the regulations established by OMB at 5 CFR 1320.5( d)( 2).

( i) Data Items All data in this ICR that is recorded and/ or reported is required by New Source Performance Standards, for Incinerators ( 40 CFR part 60, subpart E).

A source must make the following reports:

Notification Reports Standard Citation by Section Notification and application of construction or modification. 60.07( a)( 1)

Notification of anticipated date of startup. 60.07( a)( 2)

Notification of actual startup. 60.07( a)( 3)

Notification of physical or operational change which may increase the regulated pollutant emission rate. 60.07( a)( 4)

Notification of initial performance tests. 60.08( d), 60.52( a), and 60.54( a)

Initial performance test results, to determine the conditions of the performance test, and performance test measurements and results. 60.08( d), 60.52( a), and 60.54( a)

A source must keep the following records:

Recordkeeping Records of the occurrence and duration of any startup, shutdown, or malfunction in operation of an affected facility. 60.07( b)

Records of malfunctions of the air pollution control equipment. 60.07( b)

Records of periods when the system is inoperative. 60.07( b)

Records of daily charging rates and hours of operation. 60.53( a)

Records of the initial performance test and performance test measurements and results. 60.08( c), 60.52( a) and 60.54( a)

Maintain records for two years 60.07( f) 6 Electronic Reporting Currently, sources are using monitoring equipment that provides parameter data in an automated way, e. g., gases which contain particulate matter. Although personnel at the source still need to evaluate the data, this type of monitoring equipment has significantly reduced the burden associated with monitoring and recordkeeping. In addition, some regulatory agencies are setting up electronic reporting systems to allow sources to report electronically which is reducing the reporting burden. However, electronic reporting systems are still not widely used by the regulatory agencies. It is estimated that approximately 10 percent of the respondents use electronic reporting.

( ii) Respondent Activities Respondent Activities Read instructions.

Install, calibrate, maintain, and operate compliance monitoring system ( CMS) for opacity, or for pressure drop and liquid supply pressure for wet scrubber.

Perform initial performance test, Reference Method 1, 2, 3B, and 5 test, and repeat performance tests if necessary.

Write the notifications and reports listed above.

Enter information required to be recorded above.

Submit the required reports developing, acquiring, installing, and utilizing technology and systems for the purpose of collecting, validating, and verifying information.

Develop, acquire, install, and utilize technology and systems for the purpose of processing and maintaining information.

Develop, acquire, install, and utilize technology and systems for the purpose of 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.

Transmit, or otherwise disclose the information.

Currently, sources are using automated monitoring equipment that provides parameter data. Although personnel at the source still need to evaluate the data, this type of monitoring equipment has significantly reduced the burden associated with monitoring and recordkeeping. 7 5. The Information Collected: Agency Activities, Collection Methodology, and Information Management 5( a) Agency Activities EPA conducts the following activities in connection with the acquisition, analysis, storage, and distribution of the required information.

Agency Activities Observe initial performance tests and repeat performance tests if necessary.

Review notifications and reports, including performance test reports, and excess emissions reports, required to be submitted by industry.

Audit facility records.

Input, analyze, and maintain data in the Air Facility System.

5( b) Collection Methodology and Management Following notification of startup, the reviewing authority might inspect the source to determine whether the pollution control devices are properly installed and operated. Performance test reports are used by the Agency to discern a source's initial capability to comply with the emission standard and note the operating conditions under which compliance was achieved. Data and records maintained by the respondents are tabulated and published for use in compliance and enforcement programs. The semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations.

Information contained in the reports is entered into the AFS which is operated and maintained by EPA's Office of Compliance. AFS is EPA's database for the collection, maintenance, and retrieval of compliance data for approximately 125,000 industrial and government owned facilities. EPA uses the AFS for tracking air pollution compliance and enforcement by local and state regulatory agencies, EPA regional offices and EPA headquarters. EPA and its delegated Authorities can edit, store, retrieve and analyze the data.

The records required by this regulation must be retained by the owner or operator for two years.

5( c) Small Entity Flexibility A majority of the affected facilities are large entities ( e. g., large businesses). However, the impact on small entities ( i. e., small businesses) was taken into consideration during the development of the regulation. Due to technical considerations involving the process operations 8 and the types of control equipment employed, the recordkeeping and reporting requirements are the same for both small and large entities. The Agency considers these requirements the minimum needed to ensure compliance and, therefore, cannot reduce them further for small entities. To the extent that larger businesses can use economies of scale to reduce their burden, the overall burden will be reduced.

5( d) Collection Schedule The specific frequency for each information collection activity within this request is shown in Table 1: Annual Industry Burden for NSPS for Incinerators ( 40 CFR part 60, subpart E).

6. Estimating the Burden and Cost of the Collection Table 1 documents the computation of individual burdens for the recordkeeping and reporting requirements applicable to the industry for the subpart included in this ICR. The individual burdens are expressed under standardized headings believed to be consistent with the concept of burden under the Paperwork Reduction Act. Where appropriate, specific tasks and major assumptions have been identified. Responses to this information collection are mandatory.

The 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.

6( a) Estimating Respondent Burden The average annual burden to industry over the next three years from these recordkeeping and reporting requirements is estimated to be 8,393 ( Total Labor Hours from Table 1). These hours are based on Agency studies and background documents from the development of the regulation, Agency knowledge and experience with the NSPS program, the previously approved ICR, and any comments received.

6( b) Estimating Respondent Costs ( i) Estimating Labor Costs This ICR uses the following labor rates:

Managerial $ 93.09 ($ 44.33 + 110%) Technical $ 64.13 ($ 30.54 + 110%) Clerical $ 39.65 ($ 18.88 + 110%)

These rates are from the United States Department of Labor, Bureau of Labor Statistics, 9 June 2003, " Table 10. Private industry, by occupational and industry group." The rates are from column 1, " Total compensation." The rates have been increased by 110 percent to account for the benefit packages available to those employed by private industry.

( ii) Estimating Capital/ Startup and Operation and Maintenance Costs The types of industry cost associated with the information collection activities in the subject standard are both labor costs which are addressed elsewhere in this ICR and the costs associated with continuous monitoring. The capital/ startup costs are one time cost when a facility becomes subject to the regulation. The annual operation and maintenance costs are the ongoing costs to maintain the monitors and other costs such as photocopying and postage.

( iii) Capital/ Startup vs. Operation and Maintenance ( O& M) Costs Capital/ Startup vs. Operation and Maintenance ( O& M) Costs ( A) Continuous Monitoring Device ( B) Capital/ Startu p Cost for One Respondent ( C) Number of New Respondents ( D) Total Capital/ Startu p Cost, ( B X C) ( E) Annual O& M Costs for One Respondent ( F) Number of Respondents with O& M ( G) Total O& M, ( E X F)

Particulate Matter $ 5,000 0 0 $ 2,500 82 $ 205,000 The total capital/ startup costs for this ICR are $ 0. This is the total of column D in the above table. These costs are shown on the OMB 83 I form in block 14( a), Total annualized capital/ startup costs.

The total operation and maintenance ( O& M) costs for this ICR are $ 205,000. This is the total of column G. These costs are shown on the OMB 83 I form in block 14( b), Total annual costs ( O& M).

The total respondent costs in block 14 have been calculated as the addition of the capital/ startup costs, and the annual operation and maintenance costs. The average annual cost for capital/ startup and operation and maintenance cost to industry over the next three years of the ICR is estimated to be $ 205,000. This cost is shown on the OMB 83 I form in block 14( c), Total annualized cost requested. The numbers in block 14 of the OMB 83 I form are rounded to show the cost in thousands of dollars.

6( c) Estimating Agency Burden and Cost The only costs to the Agency are those costs associated with analysis of the reported information. EPA's overall compliance and enforcement program includes activities such as the examination of records maintained by the respondents, periodic inspection of sources of 10 emissions, and the publication and distribution of collected information.

The average annual Agency cost during the three years of the ICR is estimated to be $ 0. This cost is based on the average hourly labor rate as follows:

Managerial $ 54.02 ( GS 13, Step 5, $ 33.76 x 1.6) Technical $ 40.08 ( GS 12, Step 1, $ 25.05 x 1.6) Clerical $ 21.70 ( GS 6, Step 3, $ 13.56 x 1.6)

These rates are from the Office of Personnel Management ( OPM) " 2004 General Schedule" which excludes locality rates of pay. Details upon which this estimate is based appear in Table 2: Average Annual EPA Burden  NSPS for Incinerators, ( 40 CFR part 60, subpart E).

6( d) Estimating the Respondent Universe and Total Burden and Costs Based on our research for this ICR, approximately 82 existing sources are currently subject to the standard. It is estimated that no expected additional sources per year will become subject to the standard in the next three years.

Number of respondents is calculated using the following table which addresses the three years covered by this ICR.

Number of Respondents Respondents That Submit Reports Respondents That Do Not Submit Any Reports Year ( A) Number of New Respondents 1 ( B) Number of Existing Respondents ( C) Number of Existing Respondents That Keep Records but Do Not Submit Reports ( D) Number of Existing Respondents That Are Also New Respondents ( E) Number of Respondents ( E= A+ B+ C D)

1 0 82 0 0 82 2 0 82 0 0 82 3 0 82 0 0 82 Average 0 82 0 0 82 1 New respondents include sources with constructed, reconstructed and modified affected facilities.

To avoid double counting respondents, column D is subtracted. As shown above, the average Number of Respondents over the three year period of this ICR is 82. This number 11 appears on the OMB 83 I form in block 13( a), Number of respondents.

Number of respondents is calculated using the following table which addresses each of the three years covered by this ICR.

The total number of annual responses per year is calculated using the following table:

Total Annual Responses ( A) Information Collection Activity ( B) Number of Respondents ( C) Number of Responses ( D) Number of Existing Respondents That Keep Records But Do Not Submit Reports ( E) Total Annual Responses E=( BxC)+ D Notification reports 0 0 0 0 Compliance reports 0 0 0 0 Recordkeeping:

 Records of SSM, emissions monitoring system, and initial performance test results  Records of daily charging rates and hours of operation 0 0 0 0 82 82 82 82 Total 164 The number of Total Annual Responses is 164. This number is shown on the OMB 83 I form in block 13( b), Total annual responses.

The Total Hours Requested is shown on the OMB 83 I form in block 13( c). The total annual labor costs are $ 530,926. The annual labor costs are not shown on the OMB 83 I form. Details regarding these estimates may be found in Table 1. Annual Respondent Burden and Cost, NSPS for Incinerators ( 40 CFR part 60, subpart E).

Note that the total annual capital and O& M costs to the regulated entity are $ 205,000. This number is shown on the OMB 83 I form in block 14( c), Total annualized cost requested. These costs are detailed in Section 6( b)( iii), Capital/ Startup vs. Operation and Maintenance ( O& M) Costs.

6( e) Bottom Line Burden Hours Burden Hours and Cost Tables The bottom line burden hours and cost tables for both the Agency and the respondents are 12 attached. The annual public reporting and recordkeeping burden for this collection of information are estimated to average 51 hours per response.

6( f) Reasons for Change in Burden The adjustment decrease in the hourly burden from the most recently approved ICR is due in part to a decrease in the number of sources.

6( g) Burden Statement The annual public reporting and recordkeeping burden for this collection of information are estimated to average 51 hours per response. Burdens 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 valid OMB Control Number. The OMB Control Numbers for EPA's regulations are listed at 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 a respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number OECA 2004 0009, which is available for public viewing at the Enforcement and Compliance Docket and Information Center in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Avenue, NW, Washington, D. C. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566 1744, and the telephone number for the Enforcement and Compliance Docket and Information Center Docket is ( 202) 566 1752. An electronic version of the public docket is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. When 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, D. C. 20503, Attention: Desk Office for EPA. Please include the EPA Docket ID Number OECA 2004 0009 and OMB Control Number 2060 0040 in any correspondence. 13 Part B of the Supporting Statement This part is not applicable because no statistical methods were used in collecting this information. 14 Table 1: Annual Respondent Burden and Cost  NSPS for Incinerators ( 40 CFR part 60, subpart E).

Burden item ( A) Technical Personhours per occurrence ( B)

No. of occurrences per respondent per year ( C) Technical Personhours per respondent per year ( C= AxB) ( D) Respondents per year ( E) Technical personhours per year ( E= CxD) ( F) Managemen t personhours per year ( Ex0.05) ( G) Clerical personhours per year ( Ex0.1) ( H)

Total Cost Per Year a 1. Applications N/ A 2. Survey and Studies N/ A 3. Reporting Requirements A. Read instructions 1 1 1 0b, c 0 0 0 $ 0 B. Required activities Initial performance test d 200 1 200 0b, c 0 0 0 $ 0 C. Create information on performance test Included in 3B D. Gather existing information Included in 3E E. Write Report Notification of construction/

reconstruction 2 1 2 0b, c 0 0 0 $ 0 Notification of actual startup 2 1 2 0b, c 0 0 0 $ 0 Notification of physical and operational changes which may increase emission rates of any regulated pollutants 2 1 2 0 0 0 0 $ 0 Notification of initial performance test 2 1 2 0b, c 0 0 0 $ 0 15 Burden item ( A) Technical Personhours per occurrence ( B)

No. of occurrences per respondent per year ( C) Technical Personhours per respondent per year ( C= AxB) ( D) Respondents per year ( E) Technical personhours per year ( E= CxD) ( F) Managemen t personhours per year ( Ex0.05) ( G) Clerical personhours per year ( Ex0.1) ( H)

Total Cost Per Year a Report of initial performance test results 4 1 4 0b, c 0 0 0 $ 0 Compliance status reports e 4 1 4 0 0 0 0 $ 0 4. Recordkeeping Requirements A. Read instructions Included in 4E B. Plan activities Included in 4E C. Implement activities Included in 4E D. Develop record system N/ A E. Time to enter information a. Record of occurrence and duration of startup, shutdown, or malfunction, emissions monitoring system, and initial performance test results. 1.5 1 1.5 82f 123 6.15 12.3 $ 8,948.19 b. Records of daily charging g rates and hours of operation .25 350 87.5 82f 7,175 358.75 717.5 $ 521,977.67 F. Time to train personnel N/ A G. Time for audits N/ A Subtotal Labor Burden 7,298 364.9 729.8 $ 530,925.86 TOTAL LABOR BURDEN AND COST ( rounded) 8,393 $ 530,926 ( rounded) 16 Assumptions:

a This ICR uses the following labor rates: $ 93.09 per hour for Executive, Administrative, and Managerial labor; $ 64.13 per hour for Technical labor, and $ 39.65 per hour for Clerical labor. These rates are from the United States Department of Labor, Bureau of Labor Statistics, June 2003, " Table 10. Private industry, by occupational and industry group."

b Assume that there will be no new, modified or reconstructed facility constructed for the next three years.

c Assume that this is a one time only cost.

d Assume it takes 60 technical person hours for pretests/ test preparation, 60 hours for testing, and 80 hours for analysis and report preparation.

e This rule does not require semiannual reporting, just recordkeeping..

f Assume that there are eighty two sources subject to this rule.

g Assume it will take .25 hours per day for 350 days to record daily charging rates. 17 Table 2: Average Annual EPA Burden  NSPS for Incinerators ( 40 CFR part 60, subpart E)

Burden Item ( A) Technical Person Hours Per Occurrenc e ( B) Number of Occurrence s Per Year ( C) Technical Person Hours Per Plant Per Year ( C= AxB) ( D)

Plants Per Year ( E) Technical Hours Per Year ( E= CxD) ( F) Management Hours Per Year ( F= 0.05xE) ( G) Clerical Hours Per Year ( G= 0.1xE) ( H) Total a Costs,

Per Year Initial Performance Test 40 1 40 0b, c 0 0 0 $ 0 Repeat initial performance test 1. Retesting preparation 16 1 16 0b, c 0 0 0 $ 0 2. Retesting d 120 1 120 0b, c 0 0 0 $ 0 Report Review Notification of construction/

reconstruction 2 1 2 0b, c 0 0 0 $ 0 Notification of actual startup 2 1 2 0b, c 0 0 0 $ 0 Notification of Physical and operational changes which way increase emission rates of any regulated pollutant 2 1 2 0 0 0 0 $ 0 Compliance status report e 4 1 4 0 0 0 0 $ 0 Test results f 8 1 8 0 0 0 0 $ 0 Audit and review facility records 6 1 6 0 0 0 0 $ 0 Subtotal $ 0 Travel Expenses ( 1 person x 1 plant/ yr x 2 day/ plant x $ 50 per diem) + ($ 400/ round trip x1round trips/ yr) =

$ 0 18 Burden Item ( A) Technical Person Hours Per Occurrenc e ( B) Number of Occurrence s Per Year ( C) Technical Person Hours Per Plant Per Year ( C= AxB) ( D)

Plants Per Year ( E) Technical Hours Per Year ( E= CxD) ( F) Management Hours Per Year ( F= 0.05xE) ( G) Clerical Hours Per Year ( G= 0.1xE) ( H) Total a Costs,

Per Year TOTAL LABOR BURDEN and COST ( rounded) $ 0 Assumptions:

a This cost is based on the following hourly labor rates times a 1.6 benefits multiplication factor to account for government overhead expenses: $ 54.02 for Managerial ( GS 13, Step 5, $ 33.76 x 1.6), $ 40.08 for Technical ( GS 12, Step 1, $ 25.05 x 1.6) and $ 21.70 Clerical ( GS 6, Step 3, $ 13.56 x 1.6). These rates are from the Office of Personnel Management ( OPM) " 2003 General Schedule" which excludes locality rates of pay.

b Assume that there will be one new, modified or reconstructed facility constructed over the next three years.

c Assume that this is a one time only cost.

d Assume that it will take 120 technical person hours for retesting.

e This rule does not require semiannual reporting, just recordkeeping.

f Assume that it will take eight hours to review test results. 19


[Federal Register Volume 86, Number 183 (Friday, September 24, 2021)]
[Notices]
[Page 53096]
[FR Doc No: 2021-20702]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4528-DR; Docket ID FEMA-2021-0001]

Mississippi; Amendment No. 4 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Mississippi (FEMA-4528-DR), dated April 5, 2020, and
related determinations.

DATES: This amendment was issued August 5, 2021.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
dated April 5, 2020 for the State of Mississippi is hereby amended to
include the Hazard Mitigation Grant Program.

    All areas within the State of Mississippi are eligible for
assistance under the Hazard Mitigation Grant Program.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2021-20702 Filed 9-23-21; 8:45 am]
BILLING CODE 9111-23-P