SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

NESHAP for Chromium Emissions from Hard and Decorative Chromium
Electroplating and Chromium Anodizing Tanks (40 CFR part 63, subpart N)
(Renewal)

1.  Identification of the Information Collection

1(a)  Title of the Information Collection

NESHAP for Chromium Emissions from Hard and Decorative Chromium
Electroplating

and Chromium Anodizing Tanks (40 CFR part 63, subpart N) (Renewal), EPA
ICR Number 1611.07, OMB Control Number 2060-0327

1(b)  Short Characterization/Abstract

The national emission standards for hazardous air pollutants (NESHAP)
using maximum achievable control technology (MACT) for control of
chromium emissions from hard and decorative chromium electroplating and
chromium anodizing tanks were proposed on December 16, 1993, and
promulgated on January 25, 1995.  This rule applies to sources
performing hard chromium electroplating, decorative chromium
electroplating, and chromium anodizing.  The affected source is each
chromium electroplating, or chromium anodizing tank.  This information
is being collected to assure compliance with these regulations.

There are approximately 1,770 chromium electroplating and anodizing
operations nationwide.  Of this total, approximately 790 are hard
chromium electroplating operations, 740 are decorative chromium
electroplating operations, and 240 are chromium anodizing operations.
No net growth is predicted for this industry.  It is expected that new
tanks will only be added to replace, or expand existing capacity and
that few new facilities will be constructed.  The ongoing monitoring,
reporting, and recordkeeping for new tanks are the same as those for
existing tanks.

The Office of Management and Budget (OMB) approved the currently active
Information Collection Request (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 112 of the Clean Air Act, as amended,
to establish standards of performance for each category, or subcategory
of major sources and area sources of hazardous air pollutants.  These
standards are applicable to new, or existing sources of hazardous air
pollutants and shall require the maximum degree of emission reduction.
In addition, section 114(a) states that the Administrator may require
any owner, or operator subject to any requirement of this Act to:

(A) Establish and maintain such records; (B) make such reports;  (C)
install, use, and maintain such monitoring equipment, and use such audit
procedures, or methods; (D) sample such emissions (in accordance with
such procedures, or methods, at such locations, at such intervals,
during such periods, and in such manner as the Administrator shall
prescribe); (E) keep records on control equipment parameters, production
variables, or other indirect data when direct monitoring of emissions is
impractical; (F) submit compliance certifications in accordance with
Section 114(a)(3); and (G) provide such other information as the
Administrator may reasonably require.

In the Administrator’s judgment, chromium emissions from hard and
decorative chromium electroplating and chromium anodizing tanks cause or
contribute to air pollution that may reasonably be anticipated to
endanger public health or welfare.  Therefore, the NESHAP standards were
promulgated for this source category at 40 CFR part 63, subpart N.

2(b)  Practical Utility/Users of the Data

The recordkeeping and reporting requirements in the standard(s) ensure
compliance with the applicable regulations which where promulgated in
accordance with the Clean Air Act.  The collected information is also
used for targeting inspections and as evidence in legal proceedings.

Performance tests are required in order to determine an affected
facility’s initial capability to comply with the emission standards,
and serve as a record of the operating conditions under which compliance
was achieved.  The ongoing compliance status reports (i.e., semiannual
reports for major sources and annual reports for area sources) are used
for problem identification, as a check on source operation and
maintenance, and for compliance determinations.  The information
generated by the monitoring, recordkeeping and reporting requirements
described in this ICR is used by the Agency to ensure that facilities
affected by the NESHAP 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 notifications required in the standard 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 the standard(s) are being met.  The performance test may
also be observed.

The required semiannual reports are used to determine periods of excess
emissions, identify problems at the facility, verify
operation/maintenance procedures and for compliance determinations.

3.  Non-duplication, Consultations, and Other Collection Criteria

The requested recordkeeping and reporting are required under 40 CFR part
63, subpart N.

3(a)  Non-duplication

 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 its own similar standards to
implement the Federal standards, a copy of the report submitted to the
state or 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 on July 8, 2009 (74 FR 32581).  No
comments were received on the burden published in the Federal Register.

3(c)  Consultations

For this information collection, the Agency has consulted industry
experts and internal data sources to project the number of affected
facilities and industry growth over the next three years.  The primary
sources of information are Section 114 Surveys from the Plating and
Polishing Area Source NESHAP, EPA's National Emission Inventory (NEI)
database, and industry trade association.

It is our policy to respond after a thorough review of comments received
since the last ICR renewal as well as those submitted in response to the
first Federal Register notice.  In this case, no comments were received.

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 frequently, the proper operation
and maintenance of control equipment and the possibility of detecting
violations would be less likely.

3(e)  General Guidelines

These reporting or recordkeeping requirements do not violate any of the
regulations promulgated by OMB under 5 CFR part 1320, section 1320.5.

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 (CBI) (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

The reporting or recordkeeping requirements in the standard do not
include sensitive questions.

4.  The Respondents and the Information Requested

4(a)  Respondents/NAICS Codes

The respondents to the recordkeeping and reporting requirements are
sources performing hard chromium electroplating, decorative chromium
electroplating, and chromium anodizing.  The SIC (United States Standard
Industrial Classification) codes for the respondents affected by the
standard with the corresponding North American Industry Classification
System (NAICS) codes are listed below.

Standard	SIC Code	NAICS Code	Source Description

40 CFR part 63, subpart N	3471	332813	Electroplating, Plating,
Polishing, Anodizing, and Coloring

	3423	332212 	Hand and Edge Tool Manufacturing

	3479	332812 	Metal Coating, Engraving (except Jewelry and Silverware),
and Allied Services to Manufacturers

	3593	333995 	Power Cylinder and Actuator Manufacturing

To compare the SIC and NAICS codes, see the website at
http://www.census.gov/epcd/www/naics.html.

4(b)  Information Requested

(i)  Data Items

All data recorded and/or reported in this ICR are required by NESHAP for
Chromium Emissions from Hard and Decorative Chromium Electroplating and
Chromium Anodizing Tanks (40 CFR part 63, subpart N).

A source must make the following reports:

Notifications

Notification of construction/reconstruction	63.5(a); 63.5(b); 63.5(e);
63.345

Notification of initial performance test	63.347(d)

Reschedule of initial performance test	63.7(b)(2)

Notification of compliance status	63.347(e)

Request for extension of compliance status, adjustments to time periods,
and changes in information	63.9(c); 63.9(i); 63.9(j); 63.343(a)(6)

Reports

Initial performance test results	63.347(f)

Operation and maintenance plan	63.342(f)(3); 63.347(g)(3)

Submission of site specific test plan upon request	63.344(a)

Ongoing semiannual compliance status reports for major sources, unless
the source is required to submit it a more frequent basis (e.g.,
quarterly reports are required when an emission limit is exceeded),
except for sources using trivalent chromium baths	63.347(g)

Ongoing annual compliance status reports for area sources, unless the
source is required to submit it on a more frequent basis (e.g.,
semiannual reports are required when the duration of an excess emissions
is one percent or greater of the total operating time), except for
sources using trivalent chromium baths	63.347(h)

Request to reduce reporting frequency of ongoing compliance status
reports	63.347(g)(2); 63.347(h)(2)

Reports associated with trivalent chromium baths	63.347(i)

A source must keep the following records:

Recordkeeping

General recordkeeping requirements (e.g., startups, shutdowns and
malfunctions including process equipment, air pollution control
equipment, maintenance performed, and actions taken outside of the scope
of the existing plans, records of monitoring data used to demonstrate
compliance, performance test results, documentation supporting
notifications and reports)	63.346(a); 63.346(b)

Records for sources with continuous monitoring systems	63.346(b)

Records are required to be retained for 5 years.  The first 2 years of
records must be kept on site. 	63.10(b)(1); 63.346(c)

Electronic Reporting

Some of the respondents are using monitoring equipment that
automatically records parameter data.  Although personnel at the source
still need to evaluate the data, internal automation has significantly
reduced the burden associated with monitoring and recordkeeping at a
plant site.

Also, regulatory agencies in cooperation with the respondents, continue
to create reporting systems to transmit data electronically.  However,
electronic reporting systems are still not widely used.  At this time,
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 monitoring system for pressure
drop for composite mesh pad systems and fiber bed mist eliminators;
pressure drop and velocity pressure for packed bed scrubbers, surface
tension for wetting agents, or the appropriate parameter for an
alternative control option.

Perform initial performance test, Reference Method 306, 306(a) or
306(b), 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.

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 (AFS).

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 to 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 Air Facility
System (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/operator for five years.

5(c)  Small Entity Flexibility

The majority of affected facilities subject to this regulation are small
businesses.  The recordkeeping and reporting requirements were selected
within the context of this specific subpart and the specific process
equipment and pollutant.  The impact on small businesses was accounted
for in the regulation development.  Reduction in reporting was provided
to small businesses subject to this regulation.  Small (area source)
businesses are only required to prepare annual compliance status reports
and may retain these reports on site.  These reports must be submitted
to the Agency or a delegated authority on a semiannual basis only where
the duration of excess emissions and air pollution control device
malfunctions exceeds specified thresholds.  Large (major source)
facilities must prepare and submit these reports on a semiannual or
quarterly basis depending on their performance.

5(d)  Collection Schedule

The specific frequency for each information collection activity within
this request is shown below in Table 1: Annual Respondent Burden and
Cost for NESHAP for Chromium Emissions from Hard and Decorative Chromium
Electroplating and Chromium Anodizing Tanks (40 CFR part 63, subpart N)
(Renewal).

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, the
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
171,118 hours (Total Labor Hours from Table 1).  The recordkeeping hours
shown below in Table 1 are 158,247 and the reporting requirement hours,
also shown below in Table 1, are 12,871.  These hours are based on
Agency studies and background documents available from the development
of the regulation, Agency knowledge and experience with the NESHAP
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	$55.67 ($26.51 + 110%)

Technical	$30.60 ($14.57 + 110%)

Clerical	$27.97 ($13.32 + 110%)

These rates are from the United States Department of Labor, Bureau of
Labor Statistics, Occupational Employment and Wages, May 2009.  The mean
hourly wage for “First-Line Supervisors/Managers of Office and
Administrative Support Workers” was used for the managerial rate,
“Plating and Coating Machine Setters, Operators, and Tenders, Metal
and Plastic” for technical, Office Clerks, General for the clerical
rate.  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 costs associated with the information collection
activity in the standards are both labor costs, which are addressed
elsewhere in this ICR, and the costs associated with continuous
monitoring of operating parameters associated with the following control
options: fume suppressants; packed bed scrubbers; composite mesh pads;
and fiber bed mist eliminators.  The capital startup costs are one time
costs incurred when a facility becomes subject to the standard.  The
annual operations and maintenance costs are the ongoing costs to
maintain the monitors and other costs such as photocopying and postage.
The total respondent costs have been calculated on the addition of the
capital start up costs and the annual operations and maintenance costs.

(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 / Startup Cost for One Respondent	(C)

Number of New Respondents	(D)

Total Capital / Startup 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)

Operating Parameter Monitoring Systems	$0.00	0	$0.00	$15,000	1,770
$26,550,000

	The total capital/startup costs for this ICR are $0 since we have
assumed that there will be no industry growth over the period of this
ICR.  This is the total of column D in the above table.

The total operation and maintenance (O&M) costs for this ICR are
$26,550,000.  This is the total of column G.

The combined average annual cost for capital/startup and operation and
maintenance (O&M) costs to industry over the next three years of the ICR
is estimated to be $26,550,000.

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 reviewing records maintained by the
respondents, periodic inspection of sources of 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 $228,586.

 This cost is based on the average hourly labor rate as follows:

		Managerial	$62.27 (GS-13, Step 5, $38.92 + 60%)

		Technical	$46.21 (GS-12, Step 1, $28.88 + 60%)

		Clerical	$25.01 (GS-6, Step 3, $15.63 + 60%)

These rates are from the Office of Personnel Management (OPM), 2010
General Schedule, which excludes locality rates of pay.  The rates have
been increased by 60 percent to account for the benefit packages
available to government employees.  Details upon which this estimate is
based appear below in Table 2: Annual Agency Burden and Cost for NESHAP
for Chromium Emissions from Hard and Decorative Chromium Electroplating
and Chromium Anodizing Tanks (40 CFR part 63, subpart N) (Renewal).

6(d)  Estimating the Respondent Universe and Total Burden and Costs

We estimate that there are approximately 1,770 chromium electroplating
and anodizing operations nationwide which currently are subject to the
standard.  Of this total, approximately 790 are hard chromium
electroplating operations, 740 are decorative chromium electroplating
operations, and 240 are chromium anodizing operations.  It is estimated
that no new sources per year will become subject to the regulation in
the next three years, since no net growth is predicted for this
industry.

The number of respondents is calculated using the following table that
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

(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	1,696	74	0	1,770

2	0	1,696	74	0	1,770

3	0	1,696	74	0	1,770

Average	0	1,696	74	0	1,770

Column D is subtracted to avoid double-counting respondents.  As shown
above, the average Number of Respondents over the three year period of
this ICR is 1,770.

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

Total Annual Responses

(A)

Number of New Respondents	(B)

Number of Reports for New Respondents	(C)

Number of Existing Respondents	(D)

Number of Reports for Existing Respondents *	(F)

Number of Existing Respondents That Keep Records But Do Not Submit
Reports	(E)

Total Annual Responses

E=(AxB)+(CxD)+F

0	6	1,357	1 	74	2,278.5

339	2.5

  *We assume that all sources are area sources.  Area sources, except
for chromium anodizing plants 1,696), are required to submit an annual
compliance status report.  However, sources are required to submit these
reports on a more frequent basis if excess emissions occurs (i.e.,
semiannually for area sources).  We further assume that 80 percent of
the sources (0.80 times 1,696 yields 1,357) will have no excess
emissions and 20 percent of the sources (0.20 times 1,696 yields 339)
will have excess emissions. Half of the area sources submitting
semiannual reports due to excess emissions (0.5 x 339 = 170) will
request the regulatory agency to approve a reduction in frequency for
ongoing compliance status reports (i.e., annual reporting)

	The number of Total Annual Responses is 2,278.5.

The total annual labor costs are $5,383,586.  Details regarding these
estimates may be found below in Table 1: Annual Respondent Burden and
Cost for NESHAP for Chromium Emissions from Hard and Decorative Chromium
Electroplating and Chromium Anodizing Tanks (40 CFR part 63, subpart N)
(Renewal).

6(e)  Bottom Line Burden Hours Burden Hours and Cost Tables

The detailed bottom line burden hours and cost calculations for the
respondents and the Agency are shown in Tables 1 and 2 below,
respectively, and summarized below.

(i) Respondent Tally

The total annual labor hours are 171,118.  Details regarding these
estimates may be found below in Table 1:  Annual Respondent Burden and
Cost for NESHAP for Chromium Emissions from Hard and Decorative Chromium
Electroplating and Chromium Anodizing Tanks (40 CFR part 63, subpart N)
(Renewal).  Furthermore, the annual public reporting and recordkeeping
burden for this collection of information is estimated to average 75.08
hours per response.

The total annual capital/startup and O&M costs to the regulated entity
are $26,550,000.  The cost calculations are detailed in Section
6(b)(iii), Capital/Startup vs. Operation and Maintenance (O&M) Costs.

(ii) The Agency Tally

The average annual Agency burden and cost over next three years is
estimated to be 5,072 labor hours at a cost of $228,586.  See below
Table 2.  Annual Agency Burden and Cost for NESHAP for Chromium
Emissions from Hard and Decorative Chromium Electroplating and Chromium
Anodizing Tanks (40 CFR part 63, subpart N) (Renewal).

6(f)  Reasons for Change in Burden

There was a decrease in burden hours, costs, and number of responses
currently identified in the OMB Inventory of Approved Burdens.  This is
due to a change in the number of estimated chromium electroplating and
anodizing operations affected by ICR since the last renewal which
decreased from 5,020 to 1,770 sources.

6(g)  Burden Statement

The annual public reporting and recordkeeping burden for this collection
of information are estimated to average 75.08 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
respondent burden, including the use of automated collection techniques,
EPA has established a public docket for this ICR under Docket ID Number
EPA-HQ-OECA-2009-0422.  An electronic version of the public docket is
available at http://www.regulations.gov/ which may be used to obtain a
copy of the draft collection of information, submit or view public
comments, access the index listing of the contents of the docket, and to
access those documents in the public docket that are available
electronically.  When in the system, select “search,” then key in
the docket ID number identified in this document.  The documents are
also available for public viewing at the Enforcement and Compliance
Docket and Information Center in the EPA Docket Center (EPA/DC), EPA
West, Room 3334, 1301 Constitution Ave., NW, Washington, DC.  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<PHONE_NUMBER>, and the telephone number for the
docket center is<PHONE_NUMBER>.  Also, comments can be sent to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk
Officer for EPA.  Please include the EPA Docket ID Number
EPA-HQ-OECA-2009-0422 and OMB Control Number 2060-0327 in any
correspondence.

Part B of the Supporting Statement

This part is not applicable because no statistical methods were used in
collecting this information.

 PAGE

 PAGE   11


 MEMORANDUM

DATE:08/25/2014 FROM: 		Laura Farris/EPA Region 8 TO:CLEAN Power Plan for Existing Power Plants; Docket Id: OAR - 2013-0602 SUBJECT:	Denver Community Solar Garden Grand Opening Event

SUMMARY:         Tim Rehder from EPA Region 8 spoke about the proposed rule for Existing Power Plants under Section 111(d) of the Clean Air Act on August 21, 2014, at the Denver Community Garden Grand Opening Ceremony in Denver, CO. The meeting was hosted by the Clean Energy Collective.

ATTENDEES:

EPA Tim Rehder

External Stakeholders Todd Davidson, Clean Energy Collective Members of the Public


    	6560-50-P

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[OAR-2003-0196; FRL-            ]

RIN:2060-AK73

National Emission Standards for Hazardous Air Pollutants

for Stationary Combustion Turbines

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Proposed rule.

SUMMARY:	On August 29, 2003, EPA promulgated a final national emission
standardsNational Emission Standard for hazardous air
pollutantsHazardous Air Pollutants (NESHAP) for stationary combustion
turbines.turbines, which will be codified at 40 CFR Part 63, Subpart
YYYY.  As part of the NESHAP,that standard, EPA established eight
subcategories of stationary combustion turbines.  Elsewhere in this
Federal Register,today’s FEDERAL REGISTER, EPA is publishing a
proposed rule to delete four of these subcategories from the source
category list required by section 112(c)(1) of the Clean Air Act (CAA).
The EPA has made an initial determination that the fourse subcategories
satisfy the criteria for deletion from the source category list
established by CAA section 112(c)(9)(B).

In this companion action, EPA is proposing to stay the effectiveness of
the combustion turbines NESHAP for new sources in the lean premix
gas-fired turbines and diffusion flame gas-fired turbines subcategories,
which are the two principal subcategories we are proposing to delist.
This action is necessary to avoid wasteful and unwarranted expenditures
on installation of emission controls which will not be required if these
subcategories are delisted.

DATES:  Comments.  Written comments on the proposed rule must be
received by EPA no later than [INSERT DATE 45 DAYS FROM PUBLICATION OF
THETHIS PROPOSED RULE IN THE FEDERAL REGISTER].

Public Hearing.  A public hearing regarding the proposed rule will be
held if requests to speak are received by the EPA on or before [INSERT
DATE 7 DAYS FROM PUBLICATION OF THETHIS PROPOSED RULE IN THE FEDERAL
REGISTER].  If requested, a public hearing will be held on [INSERT DATE
14 DAYS FROM PUBLICATION OF THETHIS PROPOSED RULE IN THE FEDERAL
REGISTER].

ADDRESSES:  Comments.  Comments may be submitted electronically, by
mail, or through hand delivery/courier.  Electronic comments may be
submitted on-line at http://www.epa.gov/edocket/.  Written comments sent
by U.S. mail should be submitted (in duplicate if possible) to: Air and
Radiation Docket and Information Center (Mail Code 6102T), Attention
Docket Number OAR-2003-0196, Room B108, U.S. EPA, 1301 Constitution
Avenue, NW., Washington, DC 20460.  Written comments delivered in person
or by courier (e.g., FedEx, Airborne, and UPS) should be submitted (in
duplicate if possible) to: Air and Radiation Docket and Information
Center (Mail Code 6102T), Attention Docket Number OAR-2003-0196, Room
B102, U.S. EPA, 1301 Constitution Avenue, NW., Washington, DC 20460.
The EPA requests a separate copy also be sent to the contact person
listed below (see FOR FURTHER INFORMATION CONTACT).

Public Hearing.  If a public hearing is requested by [INSERT DATE 7 DAYS
FROM PUBLICATION OF THETHIS PROPOSED RULE IN THE FEDERAL REGISTER], the
public hearing will be held in our EPA Office of Administration
Auditorium, Research Triangle Park, NC on [INSERT DATE 14 DAYS FROM
PUBLICATION OF THETHIS PROPOSED RULE IN THE FEDERAL REGISTER].  Persons
interested in presenting oral testimony should contact Ms. Kelly A.
Rimer, Risk and Exposure Assessment Group, Emission Standards Division
(C404-01), U.S. EPA, Research Triangle Park, North Carolina 27711,
telephone number<PHONE_NUMBER>.  Persons interested in attending the
public hearing should also contact Ms. Rimer to verify the time of the
hearing.

FOR FURTHER INFORMATION CONTACT:  Ms. Kelly A. Rimer, Risk and Exposure
Assessment Group, Emission Standards Division (C404-01), U.S. EPA,
Research Triangle Park, NC 27711, telephone number<PHONE_NUMBER>,
electronic mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:  Regulated Entities.  Categories and entities
potentially regulated by this action include:

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

  Category      SIC   NAICS          Examples of

                                  regulated entities

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

Any industry	4911  2211	Electric power generation, using a
transmission, or          stationary				  distribution

combustion	4922  486210	Natural gas transmission

turbine as	1311	 211111	Crude petroleum and natural defined   				  gas
production

in the		1321  211112	Natural gas liquids producers

regulation.	4931	 221		Electric and other services

  combined

This table is not intended to be exhaustive, but rather provides a guide
for readers regarding entities likely to be regulated by this action.
To determine whether your facility is regulated by this action, you
should examine the applicability criteria in §63.6085 of the final
rule.  If you have any questions regarding the applicability of this
action to a particular entity, consult the person listed in the
preceding FOR FURTHER INFORMATION CONTACT section.

Docket.  The EPA has established an official public docket for this
action under Docket ID Number OAR-2003-0196.  The official public docket
is the collection of materials that is available for public viewing at
the EPA Docket Center (Air Docket), EPA West, Room B-108, 1301
Constitution Avenue, NW, Washington, DC 20004.  The Docket Center is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays.  The telephone number for the Reading Room is<PHONE_NUMBER>,
and the telephone number for the Air Docket is<PHONE_NUMBER>.

Electronic Access.  An electronic version of the public docket is
available through EPA’s electronic public docket and comment system,
EPA Dockets.  You may use EPA Dockets at http://www.epa.gov/edocket/ to
submit or view public comments, access the index of the contents of the
official public docket, and access those documents in the public docket
that are available electronically.  Once in the system, select "search"
and key in the appropriate docket identification number.

Certain types of information will not be placed in the EPA dockets.
Information claimed as confidential business information (CBI) and other
information whose disclosure is restricted by statute, which is not
included in the official public docket, will not be available for public
viewing in EPA’s electronic public docket.  The EPA’s policy is that
copyrighted material will not be placed in EPA’s electronic public
docket but will be available only in printed, paper form in the official
public docket.  Although not all docket materials may be available
electronically, you may still access any of the publicly available
docket materials through the EPA Docket Center.

For public commenters, it is important to note that EPA’s policy is
that public comments, whether submitted electronically or in paper, will
be made available for public viewing in EPA’s electronic public docket
as EPA receives them and without change unless the comment contains
copyrighted material, CBI, or other information whose disclosure is
restricted by statute.  When EPA identifies a comment containing
copyrighted material, EPA will provide a reference to that material in
the version of the comment that is placed in EPA’s electronic public
docket.  The entire printed comment, including the copyrighted material,
will be available in the public docket.

Public comments submitted on computer disks that are mailed or
delivered to the docket will be transferred to EPA’s electronic public
docket.  Public comments that are mailed or delivered to the docket will
be scanned and placed in EPA’s electronic public docket.  Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA’s electronic public docket along with a brief
description written by the docket staff.

Comments.  You may submit comments electronically, by mail, by
facsimile, or through hand delivery/courier.  To ensure proper receipt
by EPA, identify the appropriate docket identification number in the
subject line on the first page of your comment.  Please ensure that your
comments are submitted within the specified comment period.  Comments
submitted after the close of the comment period will be marked
“late”.  The EPA is not required to consider these late comments.

Electronically.  If you submit an electronic comment as prescribed
below, EPA recommends that you include your name, mailing address, and
an e-mail address or other contact information in the body of your
comment.  Also include this contact information on the outside of any
disk or CD ROM you submit and in any cover letter accompanying the disk
or CD ROM.  This ensures that you can be identified as the submitter of
the comment and allows EPA to contact you in case EPA cannot read your
comment due to technical difficulties or needs further information on
the substance of your comment.  The EPA’s policy is that EPA will not
edit your comment and any identifying or contact information provided in
the body of a comment will be included as part of the comment that is
placed in the official public docket and made available in EPA’s
electronic public docket.  If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA may
not be able to consider your comment.

Your use of EPA’s electronic public docket to submit comments to EPA
electronically is EPA’s preferred method for receiving comments.  Go
directly to EPA Dockets at http://www.epa.gov/edocket, and follow the
online instructions for submitting comments.  Once in the system, select
“search” and key in Docket ID No. OAR-2003-0196.  The system is an
“anonymous access” system, which means EPA will not know your
identity, e-mail address, or other contact information unless you
provide it in the body of your comment.

Comments may be sent by electronic mail (e-mail) to

<EMAIL_ADDRESS>Attention Docket ID No. OAR-2003-0196.  In
contrast to EPA’s electronic public docket, EPA’s e-mail system is
not an “anonymous access” system.  If you send an e-mail comment
directly to the docket without going through EPA’s electronic public
docket, EPA’s e-mail system automatically captures your e-mail
address.  E-mail addresses that are automatically captured by EPA’s
e-mail system are included as part of the comment that is placed in the
official public docket and made available in EPA’s electronic public
docket.

You may submit comments on a disk or CD ROM that you mail to the mailing
address identified in this document.   These electronic submissions will
be accepted in WordPerfect or ASCII file format.  Avoid the use of
special characters and any form of encryption.

By Mail.  Send your comments (in duplicate, if possible) to:  EPA Docket
Center (Air Docket), U.S. EPA West, (MD-6102T), Room B-108, 1200
Pennsylvania Avenue, NW, Washington, DC 20460, Attention Docket ID No.
OAR-2003-0196.

By Hand Delivery or Courier.  Deliver your comments (in duplicate, if
possible) to:  EPA Docket Center, Room B-108, U.S. EPA West, 1301
Constitution Avenue, NW, Washington, DC 20004, Attention Docket ID No.
OAR-2003-0196.  Such deliveries are only accepted during the Docket
Center’s normal hours of operation.

By Facsimile.  Fax your comments to:<PHONE_NUMBER>, Docket ID No.
OAR-2003-0196.

CBI.  Do not submit information that you consider to be CBI through
EPA’s electronic public docket or by e-mail.  Send or deliver
information identified as CBI only to the following address: Kelly
Rimer, c/o Roberto Morales, OAQPS Document Control Officer (C404-02),
U.S. EPA, 109 TW Alexander Drive, Research Triangle Park, NC 27709,
Attention Docket ID No. OAR-2003-0196.  You may claim information that
you submit to EPA as CBI by marking any part or all of that information
as CBI (if you submit CBI on disk or CD ROM, mark the outside of the
disk or CD ROM as CBI and then identify electronically within the disk
or CD ROM the specific information that is CBI).  Information so marked
will not be disclosed except in accordance with procedures set forth in
40 CFR part 2.

Worldwide Web (WWW).  In addition to being available in the docket, an
electronic copy of today’s proposed rule will also be available on the
WWW through the Technology Transfer Network (TTN).  Following the
Administrator’s signature, a copy of the proposed rule will be placed
on the TTN’s policy and guidance page for newly proposed or
promulgated rules at http://www.epa.gov/ttn/oarpg.  The TTN provides
information and technology exchange in various areas of air pollution
control.  If more information regarding the TTN is needed, call the TTN
HELP line at<PHONE_NUMBER>.

Applicable Law  Pursuant to CAA section 307(d)(1)(V), the Administrator
has determined that it is appropriate to conduct this rulemaking
according to the procedures established by CAA section 307(d).

SUPPLEMENTARY INFORMATION:

Regulated Entities.  Categories and entities potentially regulated by
this action include:

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

  Category      SIC   NAICS          Examples of

                                  regulated entities

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

Any industry	4911  2211	Electric power generation, using a
transmission, or          stationary				  distribution

combustion	4922  486210	Natural gas transmission

turbine as	1311	 211111	Crude petroleum and natural defined   				  gas
production

in the		1321  211112	Natural gas liquids producers

regulation.	4931	 221		Electric and other services

  combined

This table is not intended to be exhaustive, but rather provides a guide
for readers regarding entities likely to be regulated by this action.
To determine whether your facility is regulated by this action, you
should examine the applicability criteria in §63.6085 of the final
rule.  If you have any questions regarding the applicability of this
action to a particular entity, consult the person listed in the
preceding FOR FURTHER INFORMATION CONTACT section.

I.  Description of the Proposed RuleAction

Elsewhere in today’s Federal Register,issue of the FEDERAL REGISTER,
EPA is proposing a rule to amend the list of categories of sources that
was developed pursuant to CAA section 112(c)(1).  The EPA is proposing
to delete four subcategories from the Combustion Turbines source
category.  Final Source Category.  A final MACT standards creating these
subcategories was promulgated on August 29, 2003.  The standardsThis
standard will be published soon and will be codified at 40 CFR partPart
63, subpartSubpart YYYY.  These subcategories, as defined in 40 CFR
63.6175, are:  (1) lean premix gas-fired stationary combustion turbines
as defined in 40 CFR §63.6175 (also referred to herein as “lean
premix gas-fired turbines”), (2) diffusion flame gas-fired stationary
combustion turbines as defined in 40 CFR §63.6175 (also referred to
herein as “diffusion flame gas-fired turbines”), (3) emergency
stationary combustion turbines, as defined in 40 CFR §63.6175, and 4)
stationary combustion turbines located on the North Slope of
Alaska.Alaska, as defined in 40 CFR §63.6175.

TheThis proposed rule to amend the source category list  is being issued
in part to respond to a petition submitted by the Gas Turbine
Association (GTA) and in part upon the Administrator’s own motion.
Petitions to remove a source category from the source category list are
permitted under section 112(c)(9) of the CAA.  The proposed rule to
delete these four subcategories is based on an initial determination by
EPA that these subcategories satisfy the substantive criteria for
deletion set forth in CAA section 112(c)(9)(B).  The proposed rule to
delete these subcategories that appears elsewhere in today’s Federal
RegisterFEDERAL REGISTER contains a detailed description of the
technical basis for thethis initial determination.

Although EPA is proposing to delete from the source category list four
subcategories established by the final MACT standards for Stationary
Combustion Turbines,stationary combustion turbines, CAA section
112(d)(10) provides that the standards for the fourthose subcategories
will take effect upon publication of the standards.standard.  All
turbines in the lean premix gas-fired turbines and the diffusion flame
gas-fired turbines subcategories which were constructed or reconstructed
after January 14, 2003, will then be required to comply immediately with
the emission standards for new sources.  This may cause some sources in
these two subcategories to make immediate expenditures on installation
and testing of emission controls, even though such controls will not be
required if we adopt a final rule to delete these subcategories.  In
view of our initial determination that the statutory criteria for
delisting have been met for all sources in the fourse subcategories, we
consider it inappropriate and contrary to statutory intent to mandate
such expenditures until after a final determination has been made
whether or not these subcategories should be delisted.  Such
expenditures would be wasteful and unwarranted if we take final action
to delist these subcategories.  Moreover, if we take final action to
delist these subcategories, sources constructed or reconstructed while
the rulemaking to delist is pending would bear a regulatory burden not
placed on identical sources constructed or reconstructed thereafter.
Accordingly, we are proposing this rule to stay the effectiveness of the
emission standards for new sources for the lean premix gas-fired
turbines and diffusion flame gas-fired turbines subcategories during the
pendency of the rulemaking to delete these subcategories.

We are mindful that there would be no need to stay the effectiveness of
the standards for new sources in these two subcategories if a rulemaking
to delist the affected sources had been completed before promulgation of
the final MACT standards for combustion turbines.  However, we note that
the GTA petition was not submitted until quite late in the regulatory
process.  Moreover, we generally do not make a definite determination
concerning the characteristics of subcategories until promulgation of a
final MACT standards.standard.

In these circumstances, we do not believe it would be fair to make
certain affected sources bear the burden of a delay in our determination
that a subcategory meets the statutory criteria for delisting.

TheThis proposed stay is consistent with the precedents we have
established in similar circumstances in the past.  In 1991, we issued a
final rule staying the effective dateness of the National Emission
Standards for Radionuclear Emissions from Federal Facilities Other Than
Nuclear Regulatory Commission Licenses and not covered by Subpart H
(Hazardous Air Pollutants for radionuclides, 40 CFR part 61, Subpart
H)(40 CFR partPart 61, Subpart I)I, for commercial nuclear power
reactors during the pendency of another rulemaking to rescind the
standards for thosethese facilities (56 FR, 37158 August 5, 1991).  The
rescission was authorized by section 112(d)(9) of the CAA (the
“Simpson amendment”), which provides that we may decline to regulate
Nuclear Regulatory Commission (NRC) licensees under CAA section 112 if
the Administrator determines that the regulatory program established by
the NRC for a category or subcategory provides an ample margin of safety
to protect the public health.  We had made an initial determination that
the NRC program for commercial nuclear power reactors met this test, and
we reasoned that “it would frustrate the evident purpose of Section
112(d)(9) if EPA were to permit Subpart I to take effect for this
subcategory during the pendency of the rulemaking on rescission” (56
FR 37159).  That actionThis final rule was not challenged.

In 1995, we acted to provide another type of interim relief during a
delisting rulemaking.  We suspended the listing of caprolactam, during a
rulemaking to delete  caprolactam from the list of HAPhazardous air
pollutants established by CAA section 112(b)(1), for purposes of
determining the applicability of titleTitle V permitting requirements
(60 FR 081, September 18, 1995).  We based that action on our
determination that “retention, during the rulemaking to delist
caprolactam, of permit application requirements which will no longer
exist after the delisting process has been completed would result in
unnecessary private and public expenditures on preparation, submission,
and processing of such applications, and would yield no environmental
benefits” (60 FR 084-85).  ThatThis interim relief action also was not
challenged.

We are proposing to stay the effectiveness of the combustion turbines
emission standards for new sources in the lean premix gas-fired turbines
and the diffusion flame gas-fired turbines subcategories, but only
during the pendency of the rulemaking to delist these subcategories.  It
is not our intention by staying the effectiveness of the standards to
change the definition of new sources within these subcategories, or to
alter the status of any individual source.  If these subcategories are
not ultimately delisted, the stay will be lifted, and all sources in
these subcategories constructed or reconstructed after January 14, 2003
will then be subject to the final standards.  Thestandard.  These
sources will then be given the same time to make the requisite
demonstration of compliance they would have had if there had been no
stay.

II.  Statutory and Executive Order Reviews

A.  Executive Order 12866:  Regulatory Planning and Review

Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA must
determine whether the regulatory action is “significant” and
therefore subject to Office of Management and Budget (OMB) review and
the requirements of the Executive Order.  The Executive Order defines
“significant regulatory action” as one that is likely to result in a
rule that may:

(1)  Have an annual effect on the economy of $100 million or more or
adverse affect in a material way the economy, a sector to the economy,
productivity, competition, jobs, the environment, public health or
safety, or state, local or tribal governments or communities;

(2)  create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;

(3)  materially alter the budgetary impact of entitlements, grants, user
fees, or loan programs, or the rights and obligation of recipients
thereof; or

(4)  raise novel legal or policy issues arising out of legal mandates,
the President’s priorities, or the principles set forth in the
Executive Order.

Pursuant to the terms of Executive Order 12866, it has been determined
that the proposed action does not constitute a “significant regulatory
action” and is, therefore, not subject to OMB review.

B.  Paperwork Reduction Act

This action does not impose an information collection burden under the
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.  The
proposed action will stay the effectiveness of the combustion turbines
NESHAP for new sources in the lean premix gas-fired turbines and
diffusion flame gas-fired turbines subcategories until a conclusion is
reached regarding deletion and therefore eliminate the need for
information collection toward regulatory compliance under the CAA.
Burden means the total time, effort, or financial resources expended by
persons to generate, maintain, retain, or disclose or provide
information to or for a Federal agency.  This includes the time needed
to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to comply
with any previously applicable instructions and requirements; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.  An Agency may not
conduct or sponsor, and a person is not required to respond to a
collection of information unless it displays a currently valid OMB
control number.  The OMB control numbers for EPA’s regulations are
listed in 40 CFR part 9 and 48 CFR chapter 15.

C.  Regulatory Flexibility Act (RFA)

The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small business, small organizations, and small
governmental jurisdictions.  For the purposes of assessing the impacts
of today’s proposed rule on small entities, small entity is defined
as:  (1) a small business that meets the definitions for small business
based on the Small Business Association (SBA) size standards which, for
this proposed action, can include manufacturing (NAICS 3999-03) and air
transportation (NAICS 4522-98 and 4512-98) operations that employ less
1,000 people and engineering services (NAICS 8711-98) operations that
earn less than $20 million annually; (2) a small governmental
jurisdiction that is a government of a city, county, town, school
district or special district with a population of less than 50,000; and
(3) a small organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.

After considering the economic impact of today’s proposed rule on
small entities, I certify that this proposed action will not have a
significant economic impact on a substantial number of small entities.
In determining whether a rule has significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the primary
purpose of the regulatory flexibility analysis is to identify and
address regulatory alternatives “which minimize any significant
economic impact of the proposed rule on small entities.”  (5 U.S.C.
603 and 604).  Thus, an agency may certify that a rule will not have a
significant economic impact on a substantial number of small entities if
the rule relieves regulatory burden, or otherwise has a positive
economic effect on all of the small entities subject to the rule.  The
proposed rule will stay the effectiveness of the combustion turbines
NESHAP for new sources in the lean premix gas-fired turbines and
diffusion flame gas-fired turbines subcategories.  This will stay the
requirements to apply controls and will also stay associated operating,
monitoring and reporting requirements.  These burdens will be
permanently lifted if EPA ultimately removes the four source categories
from the stationary combustion turbine source category, and temporarily
lifted if EPA does not ultimately delist the subcategories.  We have,
therefore, concluded that today’s proposed rule will relieve
regulatory burden for all small entities.  We continue to be interested
in the potential impacts of the proposed rule on small entities and
welcome comments on issues related to such impacts.

D.  Unfunded Mandates Reform Act

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law
1044, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector.  Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with “Federal mandates” that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
1 year.  Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule.  The provisions of section 205
do not apply when they are inconsistent with applicable law.  Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted.  Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan.  The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.

Today’s proposed rule contains no Federal mandates for State, local,
or tribal governments or the private sector.  The proposed rule imposes
no enforceable duty on any State, local or tribal governments or the
private sector.  In any event, EPA has determined that the proposed rule
does not contain a Federal mandate that may result in expenditures of
$100 million or more for State, local, and tribal governments, in the
aggregate, or the private sector in any one year.  Thus, today’s
proposed rule is not subject to the requirements of sections 202 and 205
of the UMRA.

E.  Executive Order 13132, Federalism

Executive Order 13132 (64 FR 43255, August 10, 1999) requires EPA to
develop an accountable process to ensure “meaningful and timely input
by State and local officials in the development of regulatory policies
that have federalism implications.”  “Policies that have federalism
implications” is defined in the Executive Order to include regulations
that have “substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.”

Under Executive Order 13132, EPA may not issue a regulation that has
federalism implications, that imposes substantial direct compliance
costs, and that is not required by statute, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by State and local governments, or EPA consults with
State and local officials early in the process of developing the
proposed regulation.  The EPA also may not issue a regulation that has
federalism implications and that preempts State law unless the Agency
consults with State and local officials early in the process of
developing the proposed regulation.

Today’s action proposes to stay the effectiveness of the combustion
turbines NESHAP for new sources in the lean premix gas-fired turbines
and diffusion flame gas-fired turbines subcategories.  It does not
impose any additional requirements on the States and does not affect the
balance of power between the States and the Federal government.  Thus,
the requirements of section 6 of the Executive Order do not apply to the
proposed rule.

F.  Executive Order 13175, Consultation and Coordination with Indian
Tribal Governments

Executive Order 13175, entitled “Consultation and Coordination with
Indian Tribal Governments” (65 FR 67249, November 9, 2000), requires
EPA to develop an accountable process to ensure “meaningful and timely
input by tribal officials in the development of regulatory policies that
have tribal implications.”  The proposed rule does not have tribal
implications, as specified in Executive Order 13175.  The proposed
action will stay the effectiveness of the combustion turbines NESHAP for
new sources in the lean premix gas-fired turbines and diffusion flame
gas-fired turbines subcategories.  Executive Order 13175 does not apply
to the proposed rule.

G.  Executive Order 13045, Protection of Children from Environmental
Health Risks and Safety Risks

Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any rule
that:  (1) is determined to be “economically significant” as defined
under Executive Order 12866, and (2) concerns an environmental health or
safety risk that EPA has reason to believe may have a disproportionate
effect on children.  If the regulatory action meets both criteria, the
Agency must evaluate the environmental health or safety effects of the
planned rule on children, and explain why the planned regulation is
preferable to other potentially effective and reasonably feasible
alternatives considered by the Agency.

The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Executive Order has the
potential to influence the regulation.  The proposed rule is not subject
to Executive Order 13045 because it is not economically significant as
defined in Executive Order 12866, and because this action is not based
on health or safety risks.  Thus, Executive Order 13045 does not apply
to this rule.

H.  Executive Order 13211, Actions Concerning Regulations that
Significantly Affect Energy Supply, Distribution, or Use

Executive Order 13211, “Actions Concerning Regulations that
Significantly Affect Energy Supply, Distribution, or Use” (66 FR
28355, May 22, 2001), requires EPA to prepare  and submit a Statement of
Energy Effects to the Administrator of the Office of Information and
Regulatory Affairs, Office of Management and Budget, for certain actions
identified as “significant energy actions.”  The proposed rule is
not a “significant energy action” because it is not likely to have a
significant adverse effect on the supply, distribution, or use of
energy.

I.  National Technology Transfer and Advancement Act

Section 112(d) of the National Technology Transfer and Advancement Act
of 1995 (NTTAA), Public Law No. 104-113, section 12(d) 915 U.S.C. 272
note), directs all Federal

agencies to use voluntary consensus standards instead of
government-unique standards in their regulatory activities unless to do
so would be inconsistent with applicable law or otherwise impractical.
Voluntary consensus standards are technical standards (e.g., material
specifications, test method, sampling and analytical procedures,
business practices, etc.) that are developed or adopted by one or more
voluntary consensus standards bodies.  Examples of organizations
generally regarded as voluntary consensus standards bodies include the
American society for Testing and Materials (ASTM), the National Fire
Protection Association (NFPA), and the Society of Automotive Engineers
(SAE).  The NTTAA requires Federal agencies like EPA to provide
Congress, through OMB, with explanations when an agency decides not to
use available and applicable voluntary consensus standards.  The
proposed rule does not involve technical standards.  Therefore, EPA is
not considering the use of any voluntary consensus standards.

	National Emission Standards for Hazardous air Pollutants

 	for Stationary combustion Turbines

	Page 26 of 26

List of Subjects in 40 CFR part 63

Environmental protection, Air pollution control, Hazardous substances,
Reporting and recordkeeping requirements

______________________

Dated:

______________________

Michael O. Leavitt

Administrator.

 PAGE

 PAGE  26


[Federal Register Volume 80, Number 143 (Monday, July 27, 2015)]
[Proposed Rules]
[Page 44321]
[FR Doc No: 2015-18413]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Chapter I

[EPA-HQ-OPP-2014-0818; FRL-9930-89]

Proposal To Mitigate Exposure to Bees From Acutely Toxic
Pesticide Products; Extension of Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; extension of comment period.

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

SUMMARY: EPA issued a notice in the Federal Register of May 29, 2015,
concerning EPA's Proposal to Mitigate Exposure to Bees from Acutely
Toxic Pesticide Products and a second notice on extending the comment
period to July 29, 2015. This document extends the comment period for
an additional 30 days, from July 29, 2015 to August 28, 2015. The
Agency has received additional requests from multiple stakeholders to
extend the comment period to allow them to adequately develop comments
on this complex and important issue. EPA is granting the extension.

DATES: The comment period for the document published on May 29, 2015
(80 FR 30644) is extended. Comments identified by docket identification
(ID) number EPA-HQ-OPP-2014-0818 must be received on or before August
28, 2015.

ADDRESSES: Follow the detailed instructions provided under ADDRESSES in
the Federal Register document of May 29, 2015 (80 FR 30644) (FRL-9927-
36).

FOR FURTHER INFORMATION CONTACT: Michael Goodis, Pesticide Re-
Evaluation Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>or Marietta Echeverria, Registration
Division (7505P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: This document further extends the public
comment period established in the Federal Register document of May 29,
2015. In that document, EPA is seeking comment on a proposal to adopt
mandatory pesticide label restrictions to protect managed bees under
contract pollination services from foliar applications of pesticides
that are acutely toxic to bees on a contact exposure basis. These label
restrictions would prohibit applications of pesticide products, which
are acutely toxic to bees, during bloom when bees are known to be
present under contract. EPA is also seeking comment on a proposal to
rely on efforts made by states and tribes to reduce pesticide exposures
through development of locally-based measures, specifically through
managed pollinator protection plans. These plans would include local
and customizable mitigation measures to address certain scenarios that
can result in exposure to pollinators. EPA intends to monitor the
success of these plans in deciding whether further label restrictions
are warranted. EPA is hereby extending the comment period, which was
set to end on July 29, 2015 to August 28, 2015.
    To submit comments, or access the docket, please follow the
detailed instructions provided under ADDRESSES in the Federal Register
document of May 29, 2015. If you have questions, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

    Authority: 7 U.S.C. 136a.

    Dated: July 20, 2015.
Jack Housenger,
Director, Office of Pesticide Programs.
[FR Doc. 2015-18413 Filed 7-24-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 232 (Monday, December 3, 2018)]
[Notices]
[Page 62396]
[FR Doc No: 2018-26277]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE: Notice is hereby given, pursuant to the provisions of
the Government in the Sunshine Act, Public Law 94-409, the Securities
and Exchange Commission will hold an Open Meeting on Wednesday,
December 5, 2018 at 10:00 a.m.

PLACE: The meeting will be held in Auditorium LL-002 at the
Commission's headquarters, 100 F Street NE, Washington, DC 20549.

STATUS: This meeting will begin at 10:00 a.m. (ET) and will be open to
the public. Seating will be on a first-come, first-served basis.
Visitors will be subject to security checks. The meeting will be
webcast on the Commission's website at www.sec.gov.

MATTERS TO BE CONSIDERED: The subject matters of the Open Meeting will
be the Commission's consideration of:
     Whether to issue a Request for Comment on the nature and
content of quarterly reports and earnings releases issued by reporting
companies.
     Whether to adopt Rule of Practice 194 pursuant to Section
15F(b)(6) of the Securities Exchange Act of 1934.
     Whether to propose rules under Section 15F(i)(2) of the
Securities Exchange Act of 1934 that would require security-based swap
dealers and major security-based swap participants to comply with
certain risk mitigation techniques with respect to portfolios of
security-based swaps not submitted for clearing to a central
counterparty.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.

CONTACT PERSON FOR MORE INFORMATION: For further information and to
ascertain what, if any, matters have been added, deleted or postponed;
please contact Brent J. Fields from the Office of the Secretary at
(202) 551-5400.

    Dated: November 28, 2018.
Brent J. Fields,
Secretary.
[FR Doc. 2018-26277 Filed 11-29-18; 11:15 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 145 (Monday, August 2, 2021)]
[Notices]
[Pages 41466-41467]
[FR Doc No: 2021-16415]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER21-2511-000]

Aquamarine Lessee, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Aquamarine Lessee, LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and

385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is August 16, 2021.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at<EMAIL_ADDRESS>or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: July 27, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-16415 Filed 7-30-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 36 (Wednesday, February 24, 2016)]
[Rules and Regulations]
[Pages 9089-9090]
[FR Doc No: 2016-03845]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2016-0151; Airspace Docket No. 15-ASO-10]
RIN 2120-AA66

Change of Controlling Agency for Selected Restricted Areas; North
Carolina

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Title 14 Code of Federal Regulations (14
CFR) part 73 to update the controlling agency for restricted areas R-
5302A, B and C, Albemarle Sound, NC; restricted areas R-5313A, B, C and
D, Long Shoal Point, NC; and restricted areas R-5314A, B, C, D, E, F, H
and J, Dare County, NC. Washington Air Route Traffic Control Center
(ARTCC) has delegated controlling agency authority for the above
restricted areas to the Marine Corps Air Station (MCAS) Cherry Point,
Radar Air Traffic Control Facility (RATCF). There are no changes to the
boundaries; designated altitudes; time of designation or activities
conducted within the restricted areas.

DATES: Effective date: 0901 UTC, March 31, 2016.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace Policy Group,
Office of Airspace Services, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it updates the controlling agency for restricted areas R-
5302A, B and C; R-5313A, B, C and D; and R-5314A, B, C, D, E, F, H and
J, in North Carolina to promote the efficient use of airspace.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
part 73 by changing the controlling agency for restricted areas R-
5302A, B and C; R-5313A, B, C and D; and R-5314A, B, C, D, E, F, H and
J, in North Carolina, from ``FAA, Washington ARTCC'' to ``MCAS Cherry
Point Approach Control.'' The change will promote real-time activation
and de-activation of the restricted areas and enhance air traffic
efficiency in the surrounding area.This change does not affect the
boundaries, times of designation, designated altitudes or activities
conducted within the restricted areas; therefore, notice and public
procedure under 5 U.S.C. 553(b) are unnecessary.

Regulatory Notices and Analyses

    The FAA has determined that this action only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
only affects air traffic procedures and air navigation, it is certified
that this rule, when promulgated, does not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, Environmental Impacts: Policies and Procedures,
paragraph 5-6.5d. This action is an administrative modification of the
technical descriptions of the affected restricted areas to update the
name of the controlling agency. It does not alter the dimensions,
altitudes, or times of designation of the restricted areas; therefore,
it is not expected to cause any potentially significant environmental
impacts, and no extraordinary circumstances exists that warrant
preparation of an environmental assessment.

List of Subjects in 14 CFR Part 73

    Airspace, Prohibited areas, Restricted areas.

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 73, as follows:

PART 73--SPECIAL USE AIRSPACE

0
1. The authority citation for part 73 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  73.53  [Amended]

0
2. Section 73.53 is amended as follows:
* * * * *

R-5302A Albemarle Sound, NC [Amended]

    By removing the current controlling agency and adding in its place:
    Controlling agency. USMC, Marine Corps Air Station Cherry Point
Approach Control.

R-5302B Albemarle Sound, NC [Amended]

    By removing the current controlling agency and adding in its place:
    Controlling agency. USMC, Marine Corps Air Station Cherry Point
Approach Control.

R-5302C Albemarle Sound, NC [Amended]

    By removing the current controlling agency and adding in its place:
    Controlling agency. USMC, Marine Corps Air Station Cherry Point
Approach Control.
* * * * *

R-5313A Long Shoal Point, NC [Amended]

    By removing the current controlling agency and adding in its place:
    Controlling agency. USMC, Marine Corps Air Station Cherry Point
Approach Control.

R-5313B Long Shoal Point, NC [Amended]

    By removing the current controlling agency and adding in its place:
    Controlling agency. USMC, Marine Corps Air Station Cherry Point
Approach Control.

R-5313C Long Shoal Point, NC [Amended]

    By removing the current controlling agency and adding in its place:
    Controlling agency. USMC, Marine Corps Air Station Cherry Point
Approach Control.

R-5313D Long Shoal Point, NC [Amended]

    By removing the current controlling agency and adding in its place:
    Controlling agency. USMC, Marine Corps Air Station Cherry Point
Approach Control.
* * * * *

R-5314A Dare County, NC [Amended]

    By removing the current controlling agency and adding in its place:
    Controlling agency. USMC, Marine Corps Air Station Cherry Point
Approach Control.

R-5314B Dare County, NC [Amended]

    By removing the current controlling agency and adding in its place:
    Controlling agency. USMC, Marine Corps Air Station Cherry Point
Approach Control.

R-5314C Dare County, NC [Amended]

    By removing the current controlling agency and adding in its place:
    Controlling agency. USMC, Marine Corps Air Station Cherry Point
Approach Control.

R-5314D Dare County, NC [Amended]

    By removing the current controlling agency and adding in its place:
    Controlling agency. USMC, Marine Corps Air Station Cherry Point
Approach Control.

R-5314E Dare County, NC [Amended]

    By removing the current controlling agency and adding in its place:
    Controlling agency. USMC, Marine Corps Air Station Cherry Point
Approach Control.

R-5314F Dare County, NC [Amended]

    By removing the current controlling agency and adding in its place:
    Controlling agency. USMC, Marine Corps Air Station Cherry Point
Approach Control.

R-5314H Dare County, NC [Amended]

    By removing the current controlling agency and adding in its place:
    Controlling agency. USMC, Marine Corps Air Station Cherry Point
Approach Control.

R-5314J Dare County, NC [Amended]

    By removing the current controlling agency and adding in its place:
    Controlling agency. USMC, Marine Corps Air Station Cherry Point
Approach Control.
* * * * *

    Issued in Washington, DC, on February 17, 2016.
Leslie M. Swann,
Acting Manager, Airspace Policy Group.
[FR Doc. 2016-03845 Filed 2-23-16; 8:45 am]
 BILLING CODE 4910-13-P