1 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 271 [ EPA R03 RCRA 2006 0381; FRL ]

Virginia: Final Authorization of State Hazardous Waste Management Program Revisions AGENCY: Environmental Protection Agency ( EPA).

ACTION: Immediate final rule.

SUMMARY: Virginia has applied to EPA for final authorization of revisions to its hazardous waste program under the Resource Conservation and Recovery Act ( RCRA). EPA has determined that these revisions satisfy all requirements needed to qualify for final authorization and is authorizing Virginia's revisions through this immediate final action. EPA is publishing this rule to authorize the revisions without a prior proposal because we believe this action is not controversial and do not expect comments that oppose it. Unless we receive written comments that oppose this authorization during the comment period, the decision to authorize Virginia's revisions to its hazardous waste program will take effect. If we receive comments that oppose this action, we will publish a document in the Federal Register withdrawing the relevant amendments, section or paragraph, of this rule before they take effect and a separate document in the proposed rules section of this Federal Register will serve as a proposal to authorize revisions to Virginia's program that were the subject of adverse comments. 2 DATES: This final authorization will become effective on [ insert date 60 days after the date of publication in the Federal Register], unless EPA receives adverse written comments by [ insert date 30 days after the date of publication in the Federal Register]. If EPA receives any such comment, it will publish a timely withdrawal of this immediate final rule in the Federal Register and inform the public that this authorization, or portions thereof, will not take effect as scheduled.

ADDRESSES: Submit your comments, identified by [ EPA R03 RCRA 2006 0381] by one of the following methods:

1. Federal eRulemaking Portal: http:// www. regulations. gov. Follow the on line instructions for submitting comments.

2. E mail: ellerbe. lillie@ epamail. epa. gov 3. Mail: Lillie Ellerbe, Mailcode 3WC21, RCRA State Programs Branch, U. S. EPA Region III, 1650 Arch Street, Philadelphia, PA 19103 2029.

4. Hand Delivery: At the previously listed EPA Region III address. Such deliveries are only accepted during normal hours of operation, and special arrangements should be made for deliveries of boxed information.

You may inspect and copy Virginia's application from 8: 15 a. m. to 4: 30 p. m., Monday through Friday at the following addresses: Virginia Department of Environmental Quality, Division of Waste Program Coordination, 629 East Main Street, Richmond, VA 23219, Phone number: ( 804)

698 4213, attn: Robert Wickline, and Virginia Department of Environmental Quality, West Central Regional Office, 3019 Peters Creek Road, Roanoke, VA, 24019 Phone number: ( 540) 562 6872,

attn: Aziz Farahmand, and EPA Region III, Library, 2nd Floor, 1650 Arch Street, Philadelphia, PA 3 19103 2029, Phone number: ( 215) 814 5254.

Instructions: Direct your comments to [ EPA R03 RCRA 2006 0381]. EPA's policy is that all comments received will be included in the public file without change, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www. regulations. gov or email The federal www. regulations. gov website is an " anonymous access" system which means that EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e mail comment directly to EPA without going through www. regulations. gov, your e mail address will be automatically captured and included as part of the comment that is placed in the public file and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters and any form of encryption, and be free of any defects or viruses.

FOR FURTHER INFORMATION CONTACT: Lillie Ellerbe, Mailcode 3WC21, RCRA State Programs Branch, U. S. EPA Region III, 1650 Arch Street, Philadelphia, PA 19103 2029, Phone number: ( 215) 814 5454. 4 SUPPLEMENTARY INFORMATION:

A. Why are Revisions to State Programs Necessary?

States that have received final authorization from EPA under RCRA section 3006( b), 42 U. S. C. 6926( b), must maintain a hazardous waste program that is equivalent to, consistent with, and no less stringent than the Federal program. Program revision may be necessary when the controlling Federal or State statutory or regulatory authority is modified or supplemented. Most commonly,

States must revise their programs because of revisions to EPA's regulations in 40 Code of Federal Regulations ( CFR) parts 124, 260 through 266, 268, 270, 273 and 279.

B. What Decisions Have We Made in This Rule?

EPA concludes that Virginia's application to revise its authorized program meets all of the statutory and regulatory requirements established by RCRA. Therefore, we grant Virginia final authorization to operate its hazardous waste program with the revisions described in its application for program revisions, subject to the procedures described in section E, below. Virginia has responsibility for permitting treatment, storage, and disposal facilities ( TSDFs) within its borders and for carrying out the aspects of the RCRA program described in its application, subject to the limitations of the Hazardous and Solid Waste Amendments of 1984 ( HSWA). New Federal requirements and prohibitions imposed by Federal regulations that EPA promulgates under the authority of HSWA take effect in authorized States before they are authorized for the requirements.

Thus, EPA will implement those HSWA requirements and prohibitions for which Virginia has not been authorized, including issuing HSWA permits, until the State is granted authorization to do so. 5 C. What is the Effect of This Authorization Decision?

This decision serves to authorize revisions to Virginia's authorized hazardous waste program. This action does not impose additional requirements on the regulated community because the regulations for which Virginia is being authorized by today's action are already effective and are not changed by today's action. Virginia has enforcement responsibilities under its state hazardous waste program for violations of its program, but EPA retains its authority under RCRA sections 3007, 3008, 3013, and 7003, which include, among others, authority to:

° Perform inspections, and require monitoring, tests, analyses or reports;

° Enforce RCRA requirements and suspend or revoke permits; and ° Take enforcement actions regardless of whether Virginia has taken its own actions.

D. Why Wasn't There a Proposed Rule Before This Rule?

EPA did not publish a proposal before today's rule because we view this as a routine program change and do not expect comments that oppose this approval. We are providing an opportunity for public comment now. In addition to this rule, in the proposed rules section of today's Federal Register we are publishing a separate document that proposes to authorize Virginia's program revisions. If EPA receives comments that oppose this authorization, or portions thereof, that document will serve as a proposal to authorize the revisions to Virginia's program that were the subject of adverse comment.

E. What Happens if EPA Receives Comments That Oppose This Action?

If EPA receives comments that oppose this authorization, or portions thereof, we will 6 withdraw this rule, or portions thereof, by publishing a document in the Federal Register before the rule would become effective. EPA will base any further decision on the authorization of Virginia's program revisions on the proposal mentioned in the previous section. We will then address all public comments in a later final rule. You may not have another opportunity to comment. If you want to comment on this authorization, you must do so at this time.

If we receive comments that oppose the authorization of a particular revision to Virginia's hazardous waste program, we will withdraw that part of this rule, but the authorization of the program revisions that the comments do not oppose will become effective on the date specified above. The Federal Register withdrawal document will specify which part of the authorization will become effective, and which part is being withdrawn.

F. What Has Virginia Previously Been Authorized for?

Initially, Virginia received final authorization to implement its hazardous waste management program effective December 18, 1984 ( 49 FR 47391). EPA granted authorization for revisions to Virginia's regulatory program effective August 13, 1993 ( 58 FR 32855); September 29, 2000 ( 65 FR 46607); and June 20, 2003 ( 68 FR 36925).

G. What Revisions Are We Authorizing With This Action?

On May 6, 2005, Virginia submitted a program revision application, seeking authorization of additional revisions to its program in accordance with 40 CFR 271.21. Virginia's revision application includes various regulations that are equivalent to, and no less stringent than, revisions to the Federal hazardous waste program, as published in the Federal Register from July 1, 2001 7 through July 1, 2004, as well as miscellaneous changes to its previously authorized program. We now make an immediate final decision, subject to receipt of written comments that oppose this action, that Virginia's hazardous waste program revision satisfies all of the requirements necessary to qualify for final authorization. Therefore, EPA grants Virginia's final authorization for the following program revisions:

1. Program Revision Changes for Federal Rules Virginia seeks authority to administer the Federal requirements that are listed in Table 1.

Virginia incorporates by reference these Federal provisions, in accordance with the dates specified in Title 9, Virginia Administrative Code ( 9 VAC 20 60 18). Table 1 lists Virginia's requirements that are being recognized as no less stringent than the analogous Federal requirements. The Virginia Waste Management Act ( VWMA), enacted by the 1986 session of the Virginia's General Assembly and recodified in 1988 as Chapter 14, Title 10.1, Code of Virginia, forms the basis of the Virginia program. The regulatory references are to Title 9, Virginia Administrative Code ( 9 VAC) effective September 8, 2004.

Table 1.   Virginia's Analogs to the Federal Requirements Description of Federal Requirement ( Revision Checklists1) Federal Register Analogous Virginia Authority RCRA Cluster XI2 , Non HSWA Hazardous Air Pollutant Standards; Technical corrections, Checklist 188 66 FR 35087, 7/ 3/ 01 Title 9, Virginia Administrative Code ( 9 VAC) § § 20 60 18 and 20 60 264 A RCRA Cluster XII, HSWA/ Non HSWA Description of Federal Requirement ( Revision Checklists1) Federal Register Analogous Virginia Authority 8 Hazardous Waste Identification Rule Corrections: Revisions to Mixture and Derived From Rules, Checklist 194 66 FR 50332, 10/ 3/ 01 9 VAC § § 20 60 18 and 20 60 261 A Identification and Listing of Hazardous Waste: Inorganic Chemical Manufacturing Wastes; Land Disposal Restrictions for Newly Identified Wastes, Checklist 195 66 FR 58258, 11/ 20/ 01; 67 FR 17119, 4/ 9/ 02 9 VAC § § 20 60 18, 20 60 261 A and 20 60 268 A RCRA Cluster XII, HSWA CAMU Amendments, Checklist 196 67 FR 2962, 1/ 22/ 02 9 VAC § § 20 60 18, 20 60 260 A and 20 60 264 A RCRA Cluster XII, HSWA/ Non HSWA Interim Standards for Hazardous Air Pollutants for Hazardous Waste Combustors, Checklist 197 67 FR 6792, 2/ 13/ 02 9 VAC § § 20 60 18, 20 60 264 A, 20 60 265 A, 20 60 266 A and 20 60 270 A Hazardous Air Pollutant Standards for Hazardous Waste Combustors, Checklist 198 67 FR 6968, 2/ 14/ 02 9 VAC § § 20 60 18, 20 60 266 A and 20 60 270 A RCRA Cluster XII, Non HSWA Vacatur of Mineral Processing Spent Materials Being Reclaimed as Solid Wastes and TCLP Use with MGP Waste, Checklist 199 67 FR 11251, 3/ 13/ 02 9 VAC § § 20 60 18 and 20 60 261 A RCRA Cluster XIII, HSWA/ Non HSWA Zinc Fertilizers Made From Recycled Hazardous Secondary Materials, Checklist 200 67 FR 48393, 7/ 24/ 02 9 VAC § § 20 60 18, 20 60 261 A, 266 A and 20 60 268 A RCRA Cluster XIII, HSWA Description of Federal Requirement ( Revision Checklists1) Federal Register Analogous Virginia Authority 9 Land Disposal Restrictions: National Treatment Variance to Designate New Treatment Subcategories for Radioactively Contaminated Cadmium, Mercury, and Silver, Containing Batteries, Checklist 201 67 FR 62618, 10/ 7/ 02 9 VAC § § 20 60 18 and 20 60 268 A NESHAP: Standards for Hazardous Air Pollutants for Hazardous Waste Combustors  Corrections, Checklist 202 67 FR 77687, 12/ 19/ 02 9 VAC § § 20 60 18 and 20 60 270 A RCRA Cluster XIV, Non HSWA Hazardous Waste Management System: Identification and Listing of Hazardous Waste; Recycled Used Oil Standards, Checklist 203 68 FR 44659, 7/ 30/ 03 9 VAC § § 20 60 18, 20 60 261 A and 20 60 279 A National Environmental Performance Track Program, Checklist 204 69 FR 21737, 4/ 22/ 04 9 VAC § § 20 60 18 and 20 60 262A NESHAP: Surface Coating of Automobiles and Light Duty Trucks, Checklist 205 69 FR 22601, 4/ 26/ 04 9 VAC § § 20 60 18, 20 60 264A, and 20 60 265A 1A Revision Checklist is a document that addresses the specific revisions made to the Federal regulations by one or more related final rules published in the Federal Register. EPA develops these checklists as tools to assist States in developing their authorization applications and in documenting specific State analogs to the Federal Regulations. For more information see EPA's RCRA State Authorization web page at http:// www. epa. gov/ epaoswer/ hazwaste/ state.

2A RCRA " Cluster" is a set of Revision Checklists for Federal rules, typically promulgated over a 12 month period starting on July 1 and ending on June 30 of the following year.

2. Miscellaneous Changes 10 In addition to adopting the Federal program revisions discussed in Section G. 1, Virginia has made various regulatory revisions to its authorized program. Virginia is seeking authorization for these miscellaneous changes. In a number of the revisions, Virginia has made wording changes and technical corrections in order to clarify its regulations. For example, " director" has been replaced by " department" in many provisions. Virginia has also removed a portion of the provision that was at 9 VAC § 20 60 70 B. The Commonwealth previously required that permits for hazardous waste management facilities, including permits by rule, be the subject of a public hearing. The provision was more stringent than the Federal requirements. By removing a portion of the 9 VAC § 20 60 70 B provision from its regulations, Virginia's requirement for public hearings is now the same as the analogous Federal regulation.

Finally, Virginia has made various additional regulatory revisions which are listed following this paragraph. While some of the changes clarify Virginia's regulations, others make the Virginia program more stringent or broader in scope than the Federal program. The broader in scope provisions are discussed in Section H. 1 below. Regulatory citations annotated with an asterisk are deemed to be more stringent than the Federal program. EPA has evaluated the changes described in this section and has determined that they are consistent with and no less stringent than the corresponding Federal regulations.

Title 9, Virginia Administrative Code ( 9 VAC) § § 20 60 264 B 8*, 20 60 264 B 9*, 20 60 264 B 10*, 20 60 264 B 11, 20 60 264 B 12, 20 60 264 B 13*, 20 60 264 B 14*, 20 60 264 B 15*, 20 60 264 B 16*, 20 60 264 B 17*, 20 60 264 B 18*, 20 60 264 B 19*, 20 60 264 11 B 20, 20 60 264 B 21, 20 60 264 B 22*, 20 60 265 B 8*, 20 60 270 B 15, 20 60 315 D and 20 60 420 A.

A further discussion of Virginia's miscellaneous regulatory changes is found in the following application document for Virginia: " Demonstration of Adequate Authority for Virginia Hazardous Waste Program Revisions, Program Revision III, 2004."

H. Where Are the Revised Virginia Rules Different From the Federal Rules?

1. Virginia Requirements That Are Broader in Scope Than the Federal Program The Virginia hazardous waste program contains certain provisions that are beyond the scope of the Federal program. As part of the miscellaneous changes discussed in Section G. 2, Virginia amended its hazardous waste regulations to ( 1) change the fee structure for permit applicants, ( 2)

add annual fees for facilities and large quantity generators, and ( 3) shift the cost of certain public participation activities to applicants and petitioners. The requirements, which are listed below, are beyond the scope of the Federal program. These broader in scope provisions are not part of the program being authorized by today's action. EPA cannot enforce requirements that are broader in scope, although compliance with such provisions is required by Virginia law.

( a) Virginia's regulations at 9 VAC § 20 60 124 B9 now require the petitioners for variances to publish and announce the required public hearings at their expense.

( b) Virginia's regulations at 9 VAC § § 20 60 262 B8, 20 60 270 B16 and 20 60 1260 through 9 VAC 20 60 1286 require that beginning July 1, 2004, large quantity generators, permitted facilities, interim status facilities and all facilities subject to an order or agreement, must pay an 12 annual fee to help fund the regulatory programs.

2. Virginia Requirements That Are More Stringent Than the Federal Program The Virginia hazardous waste program contains some provisions that are more stringent than those required by the RCRA program as codified in the July 1, 2004 edition of title 40 of the Code of Federal Regulations ( CFR). These more stringent provisions are hereby incorporated into the Federally authorized program. The specific more stringent provisions are noted in Section G. 2.

3. Virginia's Adoption of EPA's Site Specific Delisting and Variance Decisions In its regulations, Virginia has adopted EPA's decisions relative to the site specific delistings published on July 30, 2003 ( 68 FR 44652), August 7, 2003 ( 68 FR 46951), September 11, 2003 ( 68 FR 53517), February 26, 2004 ( 69 FR 8828), April 22, 2004 ( 69 FR 21754), as well as the sitespecific treatment variances from the Land Disposal Restrictions ( LDR) treatment standards published on February 11, 2004 ( 69 FR 6567). EPA today is not authorizing Virginia to delist wastes or to grant treatment variances. With regard to waste delisted as a hazardous waste by EPA,

the authority of the Department of Environmental Quality is limited to recognition of the waste as a delisted waste in Virginia, and the supervision of waste management activities for the delisted waste when the activities occur within the Commonwealth of Virginia. Virginia is not authorized to delist wastes on behalf of the EPA, or to otherwise administer any case decision to issue, revoke, or continue a delisting of a waste by EPA. Similarly, while Virginia is recognizing EPA's decision regarding the site specific treatment variances, the authority to grant such variances remains with the EPA. 13 I. Who Handles Permits After This Authorization Takes Effect?

After authorization, Virginia will issue permits for all the provisions for which it is authorized and will administer the permits it issues. EPA will continue to administer any RCRA hazardous waste permits or portions of permits that we issued prior to the effective date of this authorization until the timing and process for effective transfer to the State are mutually agreed upon. Until such time as formal transfer of EPA permit responsibility to Virginia occurs and EPA terminates its permit, EPA and Virginia agree to coordinate the administration of permits in order to maintain consistency. We will not issue any more new permits or new portions of permits for the provisions listed in section G above after the effective date of this authorization. EPA will continue to implement and issue permits for HSWA requirements for which Virginia is not yet authorized.

J. How Does This Action Affect Indian Country ( 18 U. S. C. 115) in Virginia?

Virginia is not seeking authorization to operate the program on Indian lands, since there are no Federally recognized Indian lands in Virginia.

K. What Is Codification and Is EPA Codifying Virginia's Hazardous Waste Program as Authorized in This Rule?

Codification is the process of placing the State's statutes and regulations that comprise the State's authorized hazardous waste program into the Code of Federal Regulations. We do this by referencing the authorized State rules in 40 CFR part 272. We reserve the amendment of 40 CFR part 272, subpart VV, for this authorization of Virginia's program revisions until a later date. 14 L. Statutory and Executive Order Reviews This rule only authorizes hazardous waste requirements pursuant to RCRA section 3006 and imposes no requirements other than those imposed by State law ( see Supplementary Information: section A. Why are Revisions to State Programs Necessary?). Therefore, this rule complies with applicable executive orders and statutory provisions as follows. 1. Executive Order 12866: Regulatory Planning Review  The Office of Management and Budget has exempted this rule from its review under Executive Order 12866. 2. Paperwork Reduction Act  This rule does not impose an information collection burden under the Paperwork Reduction Act.

3. Regulatory Flexibility Act  After considering the economic impacts of today's rule on small entities under the Regulatory Flexibility Act, I certify that this rule will not have a significant economic impact on a substantial number of small entities. 4. Unfunded Mandates Reform Act  Because this rule approves pre existing requirements under State law and does not impose any additional enforceable duty beyond that required by State law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act. 5. Executive Order 13132: Federalism  Executive Order 13132 does not apply to this rule because it will not have federalism implications ( i. e., 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). 6. Executive Order 13175: Consultation and Coordination with Indian Tribal Governments  Executive Order 13175 does not apply to this rule because it will not have tribal implications ( i. e.,

substantial direct effects on one or more Indian tribes, on the relationship between the Federal 15 government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes). 7. Executive Order 13045: Protection of Children from Environmental Health & Safety Risks  This rule is not subject to Executive Order 13045 because it is not economically significant and it is not based on health or safety risks. 8.

Executive Order 13211: Actions that Significantly Affect Energy Supply, Distribution, or Use  This rule is not subject to Executive Order 13211 because it is not a significant regulatory action as defined in Executive Order 12866. 9. National Technology Transfer and Advancement Act  EPA approves State programs as long as they meet criteria required by RCRA, so it would be inconsistent with applicable law for EPA, in its review of a State program,

to require the use of any particular voluntary consensus standard in place of another standard that meets the requirements of RCRA. Thus, section 12( d) of the National Technology Transfer and Advancement Act does not apply to this rule. 10. Congressional Review Act  EPA will submit a report containing this rule and other information required by the Congressional Review Act ( 5 U. S. C. 801 et seq.) to the U. S. Senate, the U. S. House of Representatives, and the Comptroller General of the United States prior to publication in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a " major rule" as defined by 5 U. S. C. 804( 2). This action will be effective on [ insert date 60 days after the date of publication in the Federal Register]. 16 List of Subjects in 40 CFR Part 271 Environmental protection, Administrative practice and procedure, Confidential business information, Hazardous waste, Hazardous waste transportation, Indian lands, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements.

Authority: This action is issued under the authority of sections 2002( a), 3006 and 7004( b) of the Solid Waste Disposal Act, as amended, 42 U. S. C. 6912( a), 6926, 6974( b).

Dated: 4/ 13/ 06 / s/ Donald S. Welsh Regional Administrator, EPA Region III BILLING CODE: 6560 50 P


            2014 Compliance Recertification Application (CRA-2014)
       Compliance Application Review Document (CARD for Section 194.26)
                                Expert Judgment

26.0	Background

 	The requirements of Section 194.26 apply to expert judgment elicitation, which is a process for obtaining data directly from experts in response to a technical problem.  Expert judgment is typically used to elicit two types of information: numerical values for parameters that are measurable only by experiments that cannot be conducted due to limitations of time, money, and physical situations; and essentially unknowable information, such as which features should be incorporated into passive institutional controls to deter human intrusion into the repository.  The U.S. Environmental Protection Agency (EPA or Agency) prohibits expert judgment from being used in place of experimental data, unless the U.S. Department of Energy (DOE or Department) can justify why the necessary experiments cannot be conducted.  Expert judgment may be used to support a compliance application, provided that it does not substitute for information that could reasonably be obtained through data collection or experimentation.  Expert judgment may substitute for experimental data in those instances in which limitations of time, resources, or physical settings preclude the successful and timely collection of data.  EPA evaluates compliance with Section 194.26 by ensuring that all the steps and requirements, as described in Section 194.26, have been followed in obtaining and relying upon expert judgment for the Waste Isolation Pilot Plant (WIPP).

26.1  Requirements

	(a) "Expert judgment, by an individual expert or panel of experts, may be used to support any compliance application, provided that expert judgment does not substitute for information that could reasonably be obtained through data collection or experimentation."

	(b)  "Any compliance application shall:

		(1)  Identify any expert judgments used to support the application and shall 			identify experts (by name and employer) involved in any expert judgment 				elicitation processes used to support the application.

		(2)  Describe the process of eliciting expert judgment, and document the results of 		expert judgment elicitation processes and the reasoning behind those results.  			Documentation of interviews used to elicit judgments from experts, the questions 			or issues presented for elicitation of expert judgment, background information 			provided to experts, and deliberations and formal interactions among experts shall 		be provided.  The opinions of all experts involved in each elicitation process shall 			be provided whether the opinions are used to support compliance applications or 			not.

		(3)  Provide documentation that the following restrictions and guidelines have 			been applied to any selection of individuals used to elicit expert judgments:

			(i) Individuals who are members of the team of investigators requesting 				the judgment or the team of investigators who will use the judgment were 				not selected; and

			(ii) Individuals who maintain, at any organizational level, a 						supervisory role or who are supervised by those who will utilize 					the judgment were not selected.

		(4)  Provide information which demonstrates that:

			(i) The expertise of any individual involved in expert judgment elicitation 				comports with the level of knowledge required by the questions or issues 				presented to that individual; and

			(ii) The expertise of any expert panel, as a whole, involved in expert 				judgment elicitation comports with the level and variety of 						knowledge required by the questions or issues presented to that 					panel.

		(5)  Explain the relationship among the information and issues presented to 			experts prior to the elicitation process, the elicited judgment of any expert panel 			or individual, and the purpose for which the expert judgment is being used in 			compliance applications(s).

		(6)  Provide documentation that the initial purpose for which expert judgment was 		intended, as presented to the expert panel, is consistent with the purpose for which 		this judgment was used in compliance application(s).

		(7)  Provide documentation that the following restrictions and guidelines have 			been applied in eliciting expert judgment:

			(i) At least five individuals shall be used in any expert elicitation process, 				unless there is a lack or unavailability of experts and a documented 				rationale is provided that explains why fewer than five individuals were 				selected.

			(ii) At least two-thirds of the experts involved in an elicitation shall 				consist of individuals who are not employed directly by the 						Department or	by the Department's contractors, unless the 						Department can demonstrate and document that there is a lack or 					unavailability of qualified independent experts.  If so 						demonstrated, at least one-third of the experts involved in an 					elicitation shall consist of individuals who are not employed 					directly by the Department or by the Department's contractors."

	(c)  "The public shall be afforded a reasonable opportunity to present its scientific and technical views to expert panels as input to any expert elicitation process."

26.2  1998 Certification Decision

	To meet the requirements of 194.26, EPA expected DOE to identify places in the Compliance Certification Application (CCA) where expert judgment was used and to describe why it was being used.  EPA expected DOE to thoroughly document the expert judgment panel process and participants.

	In the CCA, DOE did not identify any formal expert judgment activities.  However, during EPA's review of the performance assessment parameters EPA required DOE to apply the expert judgment process to obtain a value for the waste particle size distribution parameter.   DOE conducted and documented the expert judgment elicitation for waste particle size distribution in May 1997.

	EPA observed the expert judgment elicitation, conducted an audit of the supporting documentation, and considered public comments.  EPA concluded that DOE complied with the requirements of 194.26 in conducting the required expert elicitation.

	A complete description of EPA's 1998 Certification Decision for Section 194.26 can be obtained from EPA Air Docket, A-93-02, Items V-A-1 and V-B-2.

26.3  Changes In the 2004 Compliance Recertification Application (CRA-2004)

	The CRA-2004 did not identify any expert judgment activities that were conducted since the 1998 Certification Decision.

26.3.1  Evaluation of 2004 Compliance for Recertification

	EPA's evaluation of the CRA-2004 did not identify any new areas where expert judgment was or should have been used in demonstrating compliance.

	EPA did not receive any public comments on DOE's continued compliance with the expert judgment requirements of Section 194.26.

26.3.2  2004 Recertification Decision

	Based on a review of the CRA-2004, and supplemental information provided by DOE (FDMS Docket ID No. EPA-HQ-OAR-2004-0025, Air Docket A-98-49), EPA determined that DOE continued to comply with the requirements for Section 194.26.

26.4  Changes In the 2009 Compliance Recertification Application (CRA-2009)

	The CRA-2009 did not identify any expert judgment activities that were conducted since the 1998 Certification Decision and the 2004 recertification.

26.4.1  Evaluation of 2009 Compliance for Recertification

	EPA's evaluation of the CRA-2009 did not identify any new areas where expert judgment was or should have been used in demonstrating compliance.

	EPA did not receive any public comments on DOE's continued compliance with the expert judgment requirements of Section 194.26.

26.4.2  2009 Recertification Decision

	Based on a review of the CRA-2009 documents, and supplemental information provided by (FDMS Docket ID No. EPA-HQ-OAR-2009-0330, Air Docket A-98-49), EPA determined that DOE continued to comply with the requirements for Section 194.26.

26.5  Changes In the 2014 Compliance Recertification Application (CRA-2014)

	The CRA-2014 did not identify any expert judgment activities that were conducted since the 2009 CRA.

26.5.1  Evaluation of 2014 Compliance for Recertification

	EPA's evaluation of the CRA-2014 did not identify any new areas where expert judgment was or should have been used in demonstrating compliance.

	EPA did not receive any public comments on DOE's continued compliance with the expert judgment requirements of Section 194.26.

26.5.2  2014 Recertification Decision

	Based on a review and evaluation of the CRA-2014 documents (i.e. DOE Section 26), and supplemental information provided by (Docket ID No. EPA-HQ-OAR-2016-0609), EPA determines that DOE continues to comply with the requirements for Section 194.26.


[Federal Register Volume 84, Number 125 (Friday, June 28, 2019)]
[Notices]
[Pages 31119-31121]
[FR Doc No: 2019-13811]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2012-0039]

The Standard on Process Safety Management of Highly Hazardous
Chemicals; Extension of the Office of Management and Budget's (OMB)
Approval of Information Collection (Paperwork) Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comments.

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SUMMARY: OSHA solicits public comments concerning its proposal to
extend and revise the Office of Management and Budget's (OMB) approval
of the information collection requirements contained in the Standard on
Process Safety Management (PSM) of Highly Hazardous Chemicals.

DATES: Comments must be submitted (postmarked, sent, or received) by
August 27, 2019.

ADDRESSES:
    Electronically: You may submit comments and attachments
electronically at http://

www.regulations.gov, which is the Federal eRulemaking Portal. Follow
the instructions online for submitting comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit your comments and attachments
to the OSHA Docket Office, Docket No. OSHA-2012-0039, U.S. Department
of Labor, Occupational Safety and Health Administration, Room N-3653,
200 Constitution Avenue NW, Washington, DC 20210. Deliveries (hand,
express mail, messenger, and courier service) are accepted during the
OSHA Docket Office's normal business hours, 10:00 a.m. to 3:00 p.m.,
ET.
    Instructions: All submissions must include the agency name and the
OSHA docket number (OSHA-2012-0039) for the Information Collection
Request (ICR). All comments, including any personal information you
provide, are placed in the public docket without change, and may be
made available online at http://www.regulations.gov. For further
information on submitting comments see the ``Public Participation''
heading in the section of this notice titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the above address. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download from the website. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may also contact Theda Kenney at
the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Theda Kenney or Seleda Perryman,
Directorate of Standards and Guidance, OSHA, U.S. Department of Labor;
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing collection of
information requirements in accordance with the Paperwork Reduction Act
of 1995 (PRA-95) (44 U.S.C. 3506(c)(2)(A)). This program ensures that
information is in the desired format, reporting burden (time and costs)
is minimal, collection instruments are clearly understood, and OSHA's
estimate of the information collection burden is accurate. The
Occupational Safety and Health Act of 1970 (the OSH Act) (29 U.S.C. 651
et seq.) authorizes information collection by employers as necessary or
appropriate for enforcement of the OSH Act or for developing
information regarding the causes and prevention of occupational
injuries, illnesses, and accidents (29 U.S.C. 657). The OSH Act also
requires that OSHA obtain such information with minimum burden upon
employers, especially those operating small businesses, and to reduce
to the maximum extent feasible unnecessary duplication of efforts in
obtaining information (29 U.S.C. 657).
    The collection of information in the standard is necessary for
implementation of the requirements of the standard. The information is
used by employers to ensure that processes using highly hazardous
chemicals with the potential of a catastrophic release are operated as
safely as possible. The employer must thoroughly consider all facets of
a process, as well as the involvement of employees in that process.
Employers analyze processes so that they can identify, evaluate and
control problems that could lead to a major release, fire, or
explosion. The major information collection requirements in this
standard include: Consulting with workers and their representatives on
and providing them access to process hazard analyses and the
development of other elements of the standard; developing a written
action plan for implementation of employee participation in process
hazard analyses and other elements of the standard; completing a
compilation of written process safety information; performing a process
hazard analysis; documenting actions taken to resolve process hazard
analysis team findings and recommendations; updating, revalidating, and
retaining the process hazard analysis; developing and implementing
written operating procedures accessible to workers; reviewing operating
procedures as often as necessary and certifying the procedures
annually; developing and implementing safe work practices; preparing
training records; informing contract employers of known hazards and
applicable provisions of the emergency action plan; maintaining a
contract worker injury and illness log; establishing written procedures
to maintain the integrity of and documenting inspections and tests of
process equipment; providing information on permits issued for hot work
operations; establishing and implementing written procedures to manage
changes; preparing reports at the conclusion of incident
investigations, documenting resolutions and corrective measures, and
reviewing the reports with affected personnel; establishing and
implementing an emergency action plan; developing a compliance audit
report and certifying compliance; and disclosing information necessary
to comply with the standard to persons responsible for compiling
process safety information.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed collection of information
requirements are necessary for the proper performance of the agency's
functions, including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the collection of information requirements, including the
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    OSHA is requesting that OMB approve the proposed extension and
revision of the collections of information contained in OSHA's PSM
Standard.
    The agency is requesting an overall total decrease of 666,965 hours
from the proposed 2016 ongoing burden request of 6,277,818 to 5,610,853
hours. This decrease mainly results from a reduction of the total
number of covered establishments due to the agency rescinding the
interpretation of the scope of the retail exemption of the PSM
Standard.
    Type of Review: Revision of a currently approved collection.
    Title: Process Safety Management of Highly Hazardous Chemicals
(PSM) (29 CFR 1910.119 and 29 CFR 1926.64).
    OMB Control Number: 1218-0200.
    Affected Public: Businesses or other for-profits.
    Number of Respondents: 1,206,422.
    Frequency of Response: On Occasion: Annually.

    Total Responses: 1,209,601.
    Average Time per Response: Time varies per response from three
minutes (.05 hour) to generate and maintain an employee training record
to 55 hours per process for large establishments to develop written
management of change procedures and update process safety operating
procedures.
    Estimated Total Burden Hours: 5,610,853.
    Estimated Cost (Operation and Maintenance (capital)): $0.

IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile; or (3) by hard copy. All
comments, attachments, and other material must identify the agency name
and the OSHA docket number (OSHA-2012-0039) for this ICR. You may
supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or facsimile submission, you must submit them to the
OSHA Docket Office (see the section of this notice titled ADDRESSES).
The additional materials must clearly identify your electronic comments
by your name, date, and the docket number so the agency can attach them
to your comments.
    Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at<PHONE_NUMBER>, (TTY<PHONE_NUMBER>). Comments
and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as their social security number
and date of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download from this
website. All submissions, including copyrighted material, are available
for inspection and copying at the OSHA Docket Office. Information on
using the http://www.regulations.gov website to submit comments and
access the docket is available at the website's ``User Tips'' link.
Contact the OSHA Docket Office for information about materials not
available from the website, and for assistance in using the internet to
locate docket submissions.

V. Authority and Signature

    Loren Sweatt, Acting Assistant Secretary of Labor for Occupational
Safety and Health, directed the preparation of this notice. The
authority for this notice is the Paperwork Reduction Act of 1995 (44
U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 1-2012 (77 FR
3912).

    Signed at Washington, DC, on June 24, 2019.
Loren Sweatt,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2019-13811 Filed 6-27-19; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register: October 9, 2007 (Volume 72, Number 194)]
[Notices]
[Page 57341-57342]
[DOCID:fr09oc07-99]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA Docket ID 2007-0007]

National Response Framework

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice of availability; request for comments.

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

SUMMARY: The Federal Emergency Management Agency (FEMA) is accepting
comments on the draft supporting documents to the National Response
Framework (NRF). Composed of the Emergency Support Functions Annexes,
Support Annexes, and Incident Annexes, these supplemental documents
provide additional guidance that may be used in implementing the NRF.
Combined with the NRF, these documents incorporate lessons-learned from
recent disasters, and articulate more clearly the roles of the States,
tribal, and local jurisdictions and the private sector to guide a
successful response to natural disasters or terrorist attacks.

DATES: Comments must be received by November 10, 2007.

ADDRESSES: The NRF and supporting documents are available online in the
NRF Resource Center located at http://www.fema.gov/NRF, as well as in

the docket for this notice at http://www.regulations.gov. You may also view

hard copies at the Office of Chief Counsel, Federal Emergency
Management Agency, Room 835, 500 C Street, SW., Washington, DC 20472.
You may submit comments on the supporting documents, identified by
Docket ID FEMA-2007-0007, by one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the

instructions for submitting comments.
    E-mail<EMAIL_ADDRESS>Include Docket ID FEMA-2007-0007 in
the subject line of the message.
    Fax:<PHONE_NUMBER>.
    Mail/Hand Delivery/Courier: Regulation & Policy Team, Office of
Chief Counsel, Federal Emergency Management Agency, Room 835, 500 C
Street, SW., Washington, DC 20472.
    Instructions: All Submissions received must include the agency name
and docket ID. Regardless of the method used for submitting comments or
material, all submissions will be posted, without change, to the
Federal eRulemaking Portal at http://www.regulations.gov, and will

include any personal information you provide. Therefore, submitting
this information makes it public. You may wish to read the Privacy Act
notice that is available on the Privacy and Use Notice link on the
Administration Navigation Bar of http://www.regulations.gov.

    FEMA has also provided a form, available in the docket at
www.regulations.gov and in NRF Resource Center at http://www.fema.gov/NRF or http://www.fema.gov/emergency/NRF. Due to the large number of

comments that are expected, FEMA asks that comments be submitted using
this form.
    Docket: For access to the docket to read background documents or
comments received, go to the Federal eRulemaking Portal at http://www.regulations.gov
 and search for docket number FEMA-2007-0007.

Submitted comments may also be inspected at FEMA, Office of Chief
Counsel, Room 835, 500 C Street, SW., Washington, DC 20472.

FOR FURTHER INFORMATION CONTACT: Andrew Slaten, Acting National
Response Framework Branch Chief, Federal Emergency Management Agency,
999 E Street, NW., Washington, DC 20463,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The National Response Framework (NRF) builds
on the current National Response Plan and, using the comprehensive
framework of the National Incident Management System (NIMS), serves as
a guide to how the nation conducts all-hazards incident management. The
annexes, consisting of the Emergency Support Functions Annexes, Support
Annexes and Incident Annexes, add to the NRF to provide additional
guidance to support Federal departments and agencies, States, tribes,
local entities, the private sector, volunteer and other organizations
in catastrophic incidents.
    The Emergency Support Function Annexes provide the structure for
coordinating Federal interagency support for a Federal response to an
incident. They are mechanisms for grouping functions used to provide
Federal support to States and Federal-to-Federal support, both for
declared disasters and emergencies under the Stafford Act and for non-
Stafford Act incidents.
    The Support Annexes describe how Federal departments and agencies,
States, tribes, local entities, the private sector, volunteer and other
organizations coordinate and execute the common functional processes
and administrative requirements necessary to ensure efficient and
effective incident management. The actions described in the Support
Annexes are not limited to particular types of events but are
overarching in nature and applicable to nearly every type of incident,
In addition, they may support several Emergency Support Functions. The
Incident Annexes, on the other hand, outline the actions, roles and
responsibilities associated with a response to a particular type of
catastrophic incident.
    The NRF and its supplemental materials are written especially for
government executives, private-sector leaders and emergency management
practitioners. At the same time, they inform emergency management
practitioners, explaining the operating structures and tools used
routinely by first responders and emergency managers at all levels of
government.
    The Department is providing the current draft of the NRF
supplemental documents for public comment; these draft documents do not
necessarily reflect the final policy of the Administration. The NRF
support documents are available online in the NRF Resource Center
located at http://www.fema.gov/NRF, and the docket for this notice at

http://www.regulations.gov.

    Authority: Homeland Security Act of 2002, as amended, 6 U.S.C.
101, et seq., Homeland Security Presidential Directive-5, Management
of Domestic Incidents.

    Dated: September 30, 2007.
R. David Paulison,
Administrator, Federal Emergency Management Agency.
 [FR Doc. E7-19849 Filed 10-5-07; 8:45 am]

BILLING CODE 9110-21-P


Information collection requirements pertaining to the contingency plan and emergency procedures are already covered in the  EGeneral Hazardous Waste Facility Standards ICR and the Part B Permit Application, Permit Modifications, and Special Permits ICR.  Thus, EPA has chosen not to burden TSDFs applying for and obtaining a standardized permit with these requirements in this ICR, i.e., the number of respondents or activities is equal to zero.  (Note that the two new facilities expected to apply for and obtain a standardized permit are covered in the above mentioned ICRs.)

      RECORD KEEPING, REPORTING, AND NOTIFYING

      Information collection requirements pertaining to record keeping and reporting are already covered in the  EGeneral Hazardous Waste Facility Standards ICR.  Thus, EPA has chosen not to burden TSDFs applying for and obtaining a standardized permit with these requirements in this ICR, i.e., the number of respondents or activities is equal to zero.  (Note that the two new facilities expected to apply for and obtain a standardized permit are covered in the above mentioned ICR.)

      CLOSURE

      Information collection requirements pertaining to closure are already covered in the  EGeneral Hazardous Waste Facility Standards ICR and the Part B Permit Application, Permit Modifications, and Special Permits ICR.  Thus, EPA has chosen not to burden TSDFs applying for and obtaining a standardized permit with these requirements in this ICR, i.e., the number of respondents or activities is equal to zero.  (Note that the two new facilities expected to apply for and obtain a standardized permit are covered in the above mentioned ICRs.)              FINANCIAL REQUIREMENTS

      Information collection requirements pertaining to financial assurance are already covered in the  EGeneral Hazardous Waste Facility Standards ICR and the Part B Permit Application, Permit Modifications, and Special Permits ICR.  Thus, EPA has chosen not to burden TSDFs applying for and obtaining a standardized permit with these requirements in this ICR, i.e., the number of respondents or activities is equal to zero.  (Note that the two new facilities expected to apply for and obtain a standardized permit are covered in the above mentioned ICRs.)

      USE AND MANAGEMENT OF CONTAINERS

      Information collection requirements pertaining to the use and management of containers are already covered in the Part B Permit Application, Permit Modifications, and Special Permits ICR, the  EHazardous Waste Specific Unit Requirements, and Special Waste Processes and Types ICR, and the Standards of Performance for Air Emission Standards for Tanks, Surface Impoundments and Containers, 40 CFR Part 264, Subpart CC and 40 CFR Part 265, Subpart CC ICR.  Thus, EPA has chosen not to burden TSDFs applying for and obtaining a standardized permit with these requirements in this ICR, i.e., the number of respondents or activities is equal to zero.  (Note that the two new facilities expected to apply for and obtain a standardized permit are covered in the above mentioned ICRs.)

      TANK SYSTEMS

      Information collection requirements pertaining to tank systems are already covered in the Part B Permit Application, Permit Modifications, and Special Permits ICR, the  EHazardous Waste Specific Unit Requirements, and Special Waste Processes and Types ICR, and the Standards of Performance for Air Emission Standards for Tanks, Surface Impoundments and Containers, 40 CFR Part 264, Subpart CC and 40 CFR Part 265, Subpart CC ICR.  Thus, EPA has chosen not to burden TSDFs applying for and obtaining a standardized permit with these requirements in this ICR, i.e., the number of respondents or activities is equal to zero.  (Note that the two new facilities expected to apply for and obtain a standardized permit are covered in the above mentioned ICRs.)

      CONTAINMENT BUILDINGS

      Information collection requirements pertaining to containment buildings are already covered in the  EHazardous Waste Specific Unit Requirements, and Special Waste Processes and Types ICR. Thus, EPA has chosen not to burden TSDFs applying for and obtaining a standardized permit with these requirements in this ICR, i.e., the number of respondents or activities is equal to zero.  (Note that the two new facilities expected to apply for and obtain a standardized permit are covered in the above mentioned ICR.)

      6(e)	Bottom Line Burden Hours and Costs

Respondent Tally

      Exhibit 19 summarizes the total annual respondent burden and cost associated with all the requirements covered in this ICR.  As shown in the exhibit, EPA estimates that the annual respondent burden to be approximately 13,948 hours, at an annual cost of $1,242,205. Annual capital/operation & maintenance costs are estimated at $579,727.         Agency Tally

      Exhibit 20 summarizes the estimated Agency burden associated with all activities covered in this ICR.  As shown in the exhibit, EPA estimates that the annual agency burden is approximately 5,489 hours, at an annual cost of $304,138.

	6(f)	Reasons for Change in Burden

      There is no change in burden for this renewal. The capital/operation & maintenance costs increased slightly and that is due to adjusting the numbers to current levels.                      6(g)	Burden Statement

      The annual reporting burden for the new information collection requirements in this ICR is estimated to range from 53 to 57 hours per respondent.  This burden includes time for facility owners and operators to submit to the permitting agency a notice of intent and supporting materials for a standardized permit application, if required, and permit modification requests for significant changes.

      The annual record keeping burden for the new information collection requirements in this ICR is estimated to range from 31 to 178 hours per respondent.  This includes time for reading the regulations and keeping records under section 270.290 and, if required, under sections 270.300 to 270.315 for containers, tanks, equipment, and air emission controls.

      The annual public reporting and recordkeeping burden for this collection of information is estimated to average 162 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency.  This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.  An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.  The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR Chapter 15.              To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number EPA-HQ-RCRA-2015-0605, which is available for online viewing at www.regulations.gov, or in person viewing at the RCRA Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 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<PHONE_NUMBER>, and the telephone number for the RCRA Docket is<PHONE_NUMBER>.  An electronic version of the public docket is available at www.regulations.gov.  This site can be used 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 Officer for EPA.  Please include the EPA Docket ID Number EPA-HQ-RCRA-2015-0605 and OMB Control Number 2050-0182 in any correspondence.


	U.S. Environmental Protection Agency

                    stratospheric ozone protection program

	class i controlled substance

methyl bromide

exporter quarterly report

Title    FORMTEXT

Signature    FORMTEXT        	Date    FORMTEXT

SEND COMPLETED FORMS TO:	For U.S. Postal Service:

U.S. EPA

Stratospheric Protection Division

Office of Atmospheric Programs

Mail Code: 6205T

1200 Pennsylvania Avenue, NW

Washington, D.C. 20460	For Private Courier:

U.S. EPA

Stratospheric Protection Division

Office of Atmospheric Programs

Room 4355CC

1201 Constitution Avenue, NW

Washington, D.C. 20004

A company may assert a claim of confidentiality for information submitted in this form by clearly marking that information as confidential.  Such information shall be treated in accordance with EPA’s procedures for information claimed as confidential at 40 CFR Part 2, Subpart B, and will only be disclosed by the means set forth in the subpart.  If no claim of confidentiality accompanies the report when it is received by EPA, it may be made public without further notice to the company (40 CFR 2.203).

The public reporting and recordkeeping burden for this collection of information is estimated to average 1.3 hours per response.  Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460.  Include the OMB control number in any correspondence.  Do not send the completed form to this address.

           SEQ CHAPTER \h \r 1

     	U.S. Environmental Protection Agency

                    stratospheric ozone protection program

	class i controlled substance

methyl bromide

exporter quarterly report

(40 CFR 82.13)

SECTION 2    TRANSACTION RECORDS                              (Reproduce Additional Sheets as Needed)

2.1 Company Name	  FORMTEXT

2.2 Transaction Summaries

TRANSACTION #	  FORMTEXT

Recipient Company Name    FORMTEXT

Street Address    FORMTEXT

City    FORMTEXT        	Country    FORMTEXT         Postal Code    FORMTEXT

Company Contact Person    FORMTEXT        	Phone Number    FORMTEXT        	Fax Number    FORMTEXT

Port of Export from the U.S.    FORMTEXT        	Date of Export (mm/dd/yy)    FORMTEXT

Quantity of Methyl Bromide Exported (kg)   FORMTEXT

Purpose of export is for:	  FORMCHECKBOX   Transformation

  FORMCHECKBOX   Destruction 	  FORMCHECKBOX   QPS

  FORMCHECKBOX   Critical Use	  FORMCHECKBOX   Emergency Use

  FORMCHECKBOX   Lab Use

TRANSACTION #	  FORMTEXT

Recipient Company Name    FORMTEXT

Street Address    FORMTEXT

City    FORMTEXT        	Country    FORMTEXT         Postal Code    FORMTEXT

Company Contact Person    FORMTEXT        	Phone Number    FORMTEXT        	Fax Number    FORMTEXT

Port of Export from the U.S.    FORMTEXT        	Date of Export (mm/dd/yy)    FORMTEXT

Quantity of Methyl Bromide Exported (kg)   FORMTEXT

Purpose of export is for:	  FORMCHECKBOX   Transformation

  FORMCHECKBOX   Destruction 	  FORMCHECKBOX   QPS

  FORMCHECKBOX   Critical Use	  FORMCHECKBOX   Emergency Use

  FORMCHECKBOX   Lab Use

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 hone Number    FORMTEXT        	Fax Number    FORMTEXT

Port of Export from the U.S.    FORMTEXT        	Date of Export (mm/dd/yy)    FORMTEXT

Quantity of Methyl Bromide Exported (kg)   FORMTEXT

Purpose of export is for:	  FORMCHECKBOX   Transformation

  FORMCHECKBOX   Destruction 	  FORMCHECKBOX   QPS

  FORMCHECKBOX   Critical Use	  FORMCHECKBOX   Emergency Use

  FORMCHECKBOX   Lab Use

     	U.S. Environmental Protection Agency

                    stratospheric ozone protection program

class i controlled substance

methyl bromide

exporter quarterly report

(40 CFR 82.13)

SECTION 3    COMPANY EXPORT TOTALS                               (Reproduce Additional Sheets as Needed)

3.1 Company Name	  FORMTEXT

3.2 Transaction Summaries for Methyl Bromide

Country Exported To	Quantity of Methyl Bromide Exported (kg)

Commodity Code 2903.30.1520

	Transformation (kg)	Destruction (kg)	Quarantine and Preshipment (QPS) (kg)	Critical Use (kg)	Emergency Use (kg)	Laboratory Use (kg)

  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT

  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT

  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT

  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT

  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT

  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT

  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT

  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT

  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT

  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT

  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT

  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT

  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT

Totals	  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT

	OMB Control Number: 2060-0482

	Expiration Date: 6/30/15

EPA Form # 5900-140, Revised 7/14

	OMB Control Number: 2060-0482

	Expiration Date: 6/30/15

EPA Form # 5900-140, Revised 7/14