SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

NSPS for Small Municipal Waste Combustors (40 CFR Part 60, Subpart AAAA)
(Renewal)

1.  Identification of the Information Collection

1(a)  Title of the Information Collection

NSPS for Small Municipal Waste Combustors (40 CFR Part 60, Subpart AAAA)
(Renewal)

EPA ICR Number 1900.04, OMB Control Number 2060-0423

1(b)  Short Characterization/Abstract

The New Source Performance Standards (NSPS) for the regulations
published at 40 CFR part 60, subpart AAAA were proposed on August 30,
1999, and promulgated on December 6, 2000.  These regulations apply to
the following facilities in small municipal waste combustors (MWCs) that
combust greater than 35 tons per day (tpd) but less than 250 tpd of
municipal solid waste: small MWCs commencing construction after August
30, 1999, and small MWC units that commenced reconstruction or
modification after June 6, 2001.  This information is being collected to
assure compliance with 40 CFR part 60, subpart AAAA.

In general, all NSPS require initial notifications, performance tests,
and periodic reports.  Owners or operators also are required to maintain
records of the occurrence and duration of any startup, shutdown, or
malfunction in the operation of an affected facility or any period
during which the monitoring system is inoperative.  These notifications,
reports, and records are essential in determining compliance and are
required of all sources subject to NSPS.  This Information Collection
Request (ICR) will enable the U.S. Environmental Protection Agency (EPA)
to monitor compliance with emission standards for regulated pollutants.
Owners and operators of small MWCs are required to measure, record, and
report emission rates and operating parameters, follow good combustion
practices, and submit a siting analysis.

	Any owner or operator subject to the provisions of this part shall
maintain a file of these measurements and retain the file for at least
five years following the date of such measurements, maintenance reports,
and records.  All reports are sent to the delegated state or local
authority.   In the event that there is no such delegated authority, the
reports are sent directly to the EPA regional office.

Approximately four small MWC units (i.e., sources) at two plants (i.e.,
respondents) are subject to the regulation, and it is estimated that one
additional privately owned MWC unit (therefore, potentially one
additional private industry respondent) will become subject to the
regulation in the next three years.

The burden to the affected public, the owners or operators of small MWCs
commencing construction after August 30, 1999, or commencing
reconstruction or modification after June 6, 2001, is listed below in
Table 1a: Annual Private Respondent Burden and Cost of Recordkeeping and
Reporting Requirements for the NSPS for Small Municipal Waste Combustors
(40 CFR part 60, subpart AAAA) (Renewal) and Table 1b: Annual
State/Local Government Respondent Burden and Cost of Recordkeeping and
Reporting Requirements for the NSPS for Small Municipal Waste Combustors
(40 CFR part 60, subpart AAAA) (Renewal).  One currently subject plant
is owned privately, and one plant is owned publically (local
government).           The Federal government burden, such as the review
of reports submitted by the respondents, is attributed entirely to work
performed by Federal employees or government contractors and is shown in
Table 2: Annual Agency Burden for the NSPS for Small Municipal Waste
Combustors (40 CFR part 60, subpart AAAA) (Renewal).

The Office of Management and Budget (OMB) approved the currently active
ICR without any “Terms of Clearance.”

2.  Need for and Use of the Collection

2(a)  Need/Authority for the Collection

The EPA is charged under section 111 of the Clean Air Act (CAA), as
amended, to establish standards of performance for new stationary
sources that reflect:

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

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

In the Administrator’s judgment, organics, metals, and acid gases
emissions from small MWCs cause or contribute to air pollution that may
reasonably be anticipated to endanger public health or welfare.  MWC
organics consist of doxins/furans.  MWC metals are cadmium, lead,
mercury, and particulate matter.  MWC acid gases consist of hydrogen
chloride, sulfur dioxide, and nitrogen oxides.  Therefore, the NSPS were
promulgated for this source category at 40 CFR part 60, subpart AAAA.

2(b)  Practical Utility/Users of the Data

The recordkeeping and reporting requirements in the standards ensure
compliance with the applicable regulations that were promulgated in
accordance with the Clean Air Act.  The collected information also is
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.
Continuous emission monitors are used to ensure compliance with the
standards at all times.  During the performance test, a record of the
operating parameters under which compliance was achieved may be recorded
and used to determine compliance in place of a continuous emission
monitor.

The notifications required in the standards 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 that the standards are being met.
The performance test also may 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
60, subpart AAAA.

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 (74 FR 32580) on July 8, 2009.  No
comments were received on the burden published in the Federal Register.

3(c)  Consultations

The Agency’s industry experts have been consulted regarding the
current number of affected facilities and to project industry growth
over the next three years.  The EPA Office of Air Quality Planning and
Standards maintains a facility and emissions inventory for municipal
waste combustors.  The universe of sources subject to the standard and
the growth rate for the industry are based on our consultations with the
Agency’s internal industry experts who maintain and utilize this
inventory.

Approximately one new private respondent will be subject to the standard
over the three-year period covered by this ICR.

Industry trade associations and other interested parties were provided
an opportunity to comment on the burden associated with the standard as
it was being developed, and the standard has been previously reviewed to
determine the minimum information needed for compliance purposes.

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.

These standards require the respondents to maintain all records,
including reports and notifications for at least five years.  This is
consistent with the General Provisions as applied to the standards.  EPA
believes that the five-year records retention requirement is consistent
the Part 70 permit program and the five-year statute of limitations on
which the permit program is based.  The retention of records for five
years allows EPA to establish the compliance history of a source and any
pattern of non-compliance and to determine the appropriate level of
enforcement action.  EPA has found that the most flagrant violators have
violations extending beyond five years.  In addition, EPA would be
prevented from pursuing the violators due to the destruction or
nonexistence of essential records.

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/SIC Codes

The respondents to the recordkeeping and reporting requirements are
small municipal waste combustors.  The United States Standard Industrial
Classification (SIC) codes and the associated North American Industry
Classification System (NAICS) codes for possible respondents affected by
the standards are listed in the table below.

Regulation	SIC Codes	NAICS Codes

40 CFR part 60, subpart AAAA	9511 Air & Water Resource and Solid Waste
Management	92411 Air & Water Resource and Solid Waste Management

	4953 Refuse System	562213 Solid Waste Combustors & Incinerators

	4(b)  Information Requested

		(i)  Data Items

	In this ICR, all the data that is recorded or reported is required by
NSPS for Small Municipal Waste Combustors (40 CFR part 60, subpart
AAAA).

A source must make the following reports:

  SEQ CHAPTER \h \r 1 Reports for NSPS Small Municipal Waste Combustors
(40 CFR part 60, subpart AAAA)

Construction/reconstruction	60.7(a)(1), 60.1375

Reports due before and after notice of construction	60.1375 60.1385

Actual startup	60.7(a)(3),

Initial stack tests for all regulated pollutants and parameters	60.8(a)
and (d), 60.1395, 60.1400 60.1430

Notice of construction	 60.1380

Semi-annual reports	60.1415 - 60.1420, 60.1430

Annual compliance reports for all pollutants and parameters	60.1405,
60.1410, 60.1430

Reports for air curtain incinerators	60.1455

Demonstration of continuous monitoring system and test data	60.7(a)(5),
60.1395

Physical or operational change	60.7(a)(4)

Semiannual excess emission reports (SO ADVANCE \d 2 2 ADVANCE \u 2 , CO,
load, temperature, PM, dioxin/furan, opacity, HCl, Cd, Pb, Hg,
fugitives)	60.1425

Report of continuous emission monitors (CEMs) demonstration and test
data	60.1410

A source must keep the following records:

  SEQ CHAPTER \h \r 1 Recordkeeping for NSPS Small Municipal Waste
Combustors (40 CFR part 60, subpart AAAA)

Records of occurrence and duration of any startups, shutdowns,
malfunctions, or any malfunction of CEMS	60.7(b), 60.1340, 60.1365

Records on material separation plan and siting analysis	60.1345(a)
60.1350

Records of operator training and certification	60.1340(b), 60.1355

Records of initial stack tests and annual stack tests	60.1340(c),
60.1360

Records for CEMS rates and parameters and computations of average
emissions and parameters	60.1340(d), 60.1365, 60.1370

Records of MWC units that use activated carbon.  Records of quarterly
amount of sorbent for Hg control	60.1340(e), 60.1370

Records of results of daily CEMS drift tests and Appendix F accuracy
assessments	60.1365

Records are required to be retained for 5 years.  The full 5 years of
records must be retained at the facility	60.1345

Electronic Reporting

Some of the respondents are using monitoring equipment that
automatically records parameter data.  Although personnel at the
affected facility must still 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.  It is estimated
that approximately 10 percent of all general respondents in any industry
use electronic reporting.

(ii)  Respondent Activities

  SEQ CHAPTER \h \r 1 Respondent Activities

Read instructions.

Install, calibrate, maintain, and operate CEMS for opacity, SO2, NOX,
O2.

Perform initial and annual performance tests, Reference Methods 1 and 23
for organics; Reference Methods 1 and 29 for Cd, Pb, Hg; Reference
Method 9 for opacity; Reference Methods 1 and 5 for particulate matter;
Reference Methods 1and 26 or 26A for acid gases; and Reference Method 22
for fugitive ash.  Repeat performance tests if necessary.

Conduct quarterly Appendix F audits of CEMS.

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.
Ensure operators’ training and certification.

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 could 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.  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 AFS, which is
operated and maintained by the EPA Office of Compliance.  AFS is the EPA
database for the collection, maintenance, and retrieval of compliance
data for approximately 125,000 industrial and government-owned
facilities.  EPA uses 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

Small MWC units potentially affected by the NSPS also are owned by small
businesses, non-profit organizations, or governments.  The EPA does not
expect the standards to adversely affect these small entities.  The
standards only apply to units with capacities between 35 tpd and 250
tpd.  Furthermore, the standards contain provisions for reduced testing.
 Owners of some small MWC units can skip annual tests for two-year
periods for certain pollutants if they have demonstrated compliance for
three annual tests in a row.  In addition to this reduced testing
option, less frequent dioxin/furan testing is possible if all MWC units
at a plant achieve emission levels less than the emission limit for two
consecutive years.  This provision allows plants to test only one unit
per year rather than all units, as normally required.

5(d)  Collection Schedule

The specific frequency for each information collection activity within
this request is shown below in Table 1a: Annual Private Respondent
Burden and Cost of Recordkeeping and Reporting Requirements for the NSPS
for Small Municipal Waste Combustors (40 CFR part 60, subpart AAAA)
(Renewal) and Table 1b: Annual State/Local Government Respondent Burden
and Cost of Recordkeeping and Reporting Requirements for the NSPS for
Small Municipal Waste Combustors (40 CFR part 60, subpart AAAA)
(Renewal).

6.  Estimating the Burden and Cost of the Collection

Table 1a (private respondents) and Table 1b (state/local governments)
document the computation of the individual, respective burdens for the
recordkeeping and reporting requirements applicable to the industry for
the subparts included in this ICR.  The individual burdens are expressed
under standardized headings believed to be consistent with the concept
of burden under the Paperwork Reduction Act.  Where appropriate,
specific tasks and major assumptions have been identified.  Responses to
this information collection are mandatory.

The Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB Control Number.

6(a)  Estimating Respondent Burden

The combined average annual burden to both private and state/local
entities in this industry over the next three years from these
recordkeeping and reporting requirements is estimated to be 9,975 hours.
 These hours are based on Agency studies and background documents from
the development of the regulation, Agency knowledge and experience with
the 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	$114.77 ($54.65 + 110%)

Technical	$97.59   ($46.47 + 110%)

Clerical	$48.26   ($22.98 + 110%)

These rates are from the United States Department of Labor, Bureau of
Labor Statistics, Table 2. “Employer costs per hour worked for
employee compensation and costs as a percent of total compensation:
Civilian workers, by occupational and industry group,” March 2009.
The rates are from the column “Total compensation”.  The rates have
been increased by 110 percent to account for the benefit packages
available to those employed by private industry.

(ii)  Estimating Capital/Startup and Operation and Maintenance Costs

 	The type of both private and state/local entities in the industry
costs associated with the information collection activities in the
subject standards are both labor costs, which are addressed elsewhere in
this ICR, and the costs associated with continuous monitoring.  The
capital/startup costs are one-time costs when a facility becomes subject
to the regulation.  The annual operation and maintenance costs are the
ongoing costs to maintain the monitors and other costs such as
photocopying and postage.

(iii) Capital/Startup vs. Operation and Maintenance (O&M) Costs

Capital/Startup vs. Operation and Maintenance (O&M) Costs

(A)

Continuous Monitoring Device	(B)

Capital/Startup Cost for One Affected Facility	(C)

Number of New Facilities	(D)

Total Capital/Startup Cost, (B x C)	(E)

Annual O&M Costs for One Facility	(F)

Number of Facilities with O&M	(G)

Total O&M,

(E x F)

Load monitors, temperature monitors, and carbon federate monitors
(Sections 60.1315 thru 60.1335)	$200,000	0.33a	$66,000	$19,200	4.33b
$83,136

a We estimate that one additional facility will become subject to this
subpart over the next three years.  Therefore, we estimate the number of
new facilities to be 0.33 per year.

b The estimated number of facilities with O&M costs includes the four
existing facilities and the one additional facility (0.33 per year)
expected to startup over the next three years.

The total capital/startup cost for this ICR is $66,000.  This is the
total of column D in the above table.

The total operation and maintenance (O&M) cost for this ICR is $83,136.
This is the total of column G.

The average annual cost for capital/startup and operation and
maintenance costs to both the private and state/local entities of this
industry over the next three years of the ICR is estimated to be a
combined total of $149,136.

6(c)  Estimating Agency Burden and Cost

The only costs to the Agency are those costs associated with analysis of
the reported information.  The EPA overall compliance and enforcement
program includes activities such as the examination of 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 $25,480 (rounded).

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

Managerial	$61.36  (GS-13, Step 5, $38.35 x 1.6)

Technical	$45.52  (GS-12, Step 1, $28.45 x 1.6)

Clerical	$24.64  (GS-06, Step 3, $15.40 x 1.6)

These rates are from the Office of Personnel Management “2009 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 for the NSPS for Small Municipal
Waste Combustors (40 CFR part 60, subpart AAAA) (Renewal).

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

Based on our research for this ICR, on average over the next three
years, two existing respondents will be subject to the standard.  It is
estimated that one additional respondent will become subject to this
standard over the next three years.  The overall average number of
respondents, as shown in the table below, is 2.33 per year.

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 1	(B)

Number of Existing Respondents	(C)

Number of Existing Respondents that keep records but do not submit
reports	(D)

Number of Existing Respondents That Are Also New Respondents	(E)

Number of Respondents

(E=A+B+C-D)

1	0.33	2	0	0	2.33

2	0.33	2	0	0	2.33

3	0.33	2	0	0	2.33

Average	0.33	2	0	0	2.33

1We are assuming that one additional respondent starts up over the
period of this ICR.

As shown above, the average Number of Respondents over the three-year
period of this ICR is 2 (rounded).

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

Total Annual Responses

(A)

Information Collection Activity	(B)

Number of Respondents	(C)

Number of Responses Per Respondent Per Year	(D)

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

Total Annual Responses

E=(BxC)+D

Plant Startup (Waste Separation Plan, Notifications, etc.)	0.33	4	0	1.32

Notifications (Performance Test, CEMS Demonstration, etc.)	0.33	4	0	1.32

Annual Reports	2.33	1.86	0	4.33

Semiannual Excess Emission Reports	1	2	0	2

Total

9 (Rounded)

The number of Total Annual Responses is nine (9).

The total annual labor costs are $938,068.  Details regarding these
estimates may be found in Table 1a: Annual Private Respondent Burden and
Cost of Recordkeeping and Reporting Requirements for the NSPS for Small
Municipal Waste Combustors (40 CFR part 60, subpart AAAA) (Renewal) and
Table 1b: Annual State/Local Government Respondent Burden and Cost of
Recordkeeping and Reporting Requirements for the NSPS for Small
Municipal Waste Combustors (40 CFR part 60, subpart AAAA) (Renewal).

The total annual capital/startup and O&M costs to the regulated entities
are $149,136.

The average annual Agency burden and cost over next three years is
estimated to be 574 labor hours at a cost of $25,480.  See below Table
2: Annual Agency Burden for the NSPS for Small Municipal Waste
Combustors (40 CFR part 60, subpart AAAA) (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 1a/b and 2, respectively,
and summarized below.

(i) Respondent Tally

The total annual hours are 9,975.  Details regarding these estimates may
be found below in Table 1a: Annual Private Respondent Burden and Cost of
Recordkeeping and Reporting Requirements for the NSPS for Small
Municipal Waste Combustors (40 CFR part 60, subpart AAAA) (Renewal) and
Table 1b: Annual State/Local Government Respondent Burden and Cost of
Recordkeeping and Reporting Requirements for the NSPS for Small
Municipal Waste Combustors (40 CFR part 60, subpart AAAA) (Renewal).

Furthermore, the annual public reporting and recordkeeping burden for
this collection of information is estimated to average 1,108 hours per
response.

The total annual capital/startup and O&M costs to the regulated entity
are $149,136.

(ii) The Agency Tally

	The average annual Agency burden and cost over next three years is
estimated to be 574 labor hours at a cost of $25,480.  See below Table
2: Annual Agency Burden for the NSPS for Small Municipal Waste
Combustors (40 CFR part 60, subpart AAAA) (Renewal).

6(f)  Reasons for Change in Burden

The adjustment decrease in burden from the most recently approved ICR is
an adjustment due to a decrease in the number of respondents, from three
to two.  Small units at one location were replaced with large units,
which are not subject to this rule.

Capital/startup and O&M costs [section 6(b)(iii)] also decreased
compared to the previous ICR.  The previous ICR has identical
capital/startup costs, but this ICR has lower O&M costs.  The decrease
is attributed to the fact that one less unit is operating.

6(g)  Burden Statement

The annual public reporting and recordkeeping burden for this collection
of information is estimated to average 1,108 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 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-2009-0383.  An electronic version of the public docket is
available at http://www.regulations.gov and 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 Avenue, 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, you can send comments to the Office of
Information and Regulatory Affairs, Office of Management and Budget, 725
17th Street, NW, Washington, DC 20503, Attention: Desk Officer for EPA.
Please include the EPA Docket ID Number EPA-HQ-OECA-2009-0383 and OMB
Control Number 2060-0423 in any correspondence.

Part B of the Supporting Statement

This part is not applicable because no statistical methods were used in
collecting this information.Table 1a.  Annual Private Respondent Burden
and Cost of Recordkeeping and Reporting Requirements for the NSPS for
Small Municipal Waste Combustors (40 CFR part 60, subpart AAAA)
(Renewal)

Burden Item	(A)

Respondent Hours Per Occurrence	(B)

Number of Occurrences Per Respondent Per Year	(C)

Person Hours Per Respondent Per Year (C=AxB)	(D)

Number of Respondents Per Year	(E)

Technical Hours Per Year (E=CxD)	(F)

Management Hours Per Year (F=Ex0.05)	(G)

Clerical Hours Per Year (G=Ex0.1)	(H)

Total Hours Per Year (H=E+F+G)	(I)

Total Cost Per Year

1	Applications	Not applicable

2	Surveys and Studies	Not applicable

3	Reporting Requirements

 	A.	Read and Understand Rule Requirements	40	1	40	1	40	2	4	46
$4,326.18

 	B.	Required Activities

 	 	1) Initial performance tests and reports (PM, dioxins/furans,
opacity, fugitives, HCl, Cd, Pb, Hg)	775	1	775	1	775	38.75	77.50	891.25
$83,819.74

 	 	2) CEMS demonstration (SO2, NOx, opacity, CO, CO2, O2)

 	 	 	a) Installation of CEM units	225	1	225	1	225	11.25	22.50	258.75
$24,334.76

 	 	 	b) Initial demonstration	450	1	450	1	450	22.50	45	517.50
$48,669.53

 	 	3) Annual performance tests and test reports (PM, dioxins/furans,
opacity, fugitives, HCl, Cd, Pb, Hg)	775	1	775	1	775	38.75	77.50	891.25
$83,819.74

 	 	4) Quarterly Appendix F audits of CEMS (SO2, NOx, CO)

 	 	 	a) RATA audit (one per year)	350	1.86	651	1	651	32.55	65.10
748.65	$70,408.58

 	 	 	b) RAA audit (three per year)	130	5.58	725.40	1	725.40	36.27
72.54	834.21	$78,455.27

 	 	 	c) Daily calibration and operation	1	678.90	678.90	1	678.90
33.95	67.89	780.74	$73,426.09

 	C.	Create Information	Included in 3.B

 	D.	Gather Information	Included in 3.E

 	E.	Report Preparation

 	 	1) Plant startup

 	 	 	a) Preliminary and final material separation plans and siting
analysis	270	1	270	1	270	13.50	27.00	310.50	$29,201.72

 	 	 	b) Public meeting and comment response	140	1	140	1	140	7	14.00
161	$15,141.63

 	 	 	c) Notification of construction	2	1	2	1	2	0.10	0.20	2.30
$216.31

 	 	 	d) Notification of startup	2	1	2	1	2	0.10	0.20	2.30	$216.31

 	 	2)  Notification of initial performance tests	4	1	4	1	4	0.20	0.40
4.60	$432.62

 	 	3)  Initial compliance reports	40	1	40	1	40	2	4.00	46	$4,326.18

 	 	4)  Notification of CEMS demonstration	4	1	4	1	4	0.20	0.40	4.60
$432.62

 	 	5)  Initial CEMS demonstration report	40	1	40	1	40	2	4.00	46
$4,326.18

 	 	6)  Annual compliance reports	40	1.86	74.40	1	74.40	3.72	7.44
85.56	$8,046.69

 	 	7)  Semi-annual excess emission reports	40	2	80	0.5	40	2	4.00	46
$4,326.18

 	Subtotal - Reporting Requirements	 	 	 	 	 	 	 	5,677.21
$533,926.32

4	Recordkeeping Requirements

 	A.	Read Instructions	Included in 3.A

 	B.	Plan Activities	Included in 3.B

 	C.	Implement Activities	Included in 3.B

 	D.	Develop Record System	Not applicable

 	E.	Record information

 	 	1) Record startups, shutdowns, and malfunctions	4	47	188	1	188
9.40	18.80	216.20	$20,333.05

 	 	2) Records of all emission rates, computations, tests	4	47	188	1
188	9.40	18.80	216.20	$20,333.05

 	 	3) Records of employee review of operations manual	4	1	4	1	4	0.20
0.40	4.60	$432.62

 	 	4) Record amount of sorbent used for Hg and dioxin/furan control	4
4	16	1	16	0.80	1.60	18.40	$1,730.47

 	F.	Personnel Training	Not applicable

 	G.	Time for audits	Not applicable

 	Subtotal - Recordkeeping Requirements	 	 	 	 	 	 	 	455.40
$42,829.18

TOTAL LABOR BURDEN AND COST: 	 	 	 	 	 	 	 	6,133 (Rounded)
$576,756 (Rounded)

Table 1b.  Annual State/Local Government Respondent Burden and Cost of
Recordkeeping and Reporting Requirements for the NSPS for Small
Municipal Waste Combustors (40 CFR part 60, subpart AAAA) (Renewal)

Burden Item	(A)

Respondent Hours Per Occurrence	(B)

Number of Occurrences Per Respondent Per Year	(C)

Person Hours Per Respondent Per Year (C=AxB)	(D)

Number of Respondents Per Year	(E)

Technical Hours Per Year (E=CxD)	(F)

Management Hours Per Year (F=Ex0.05)	(G)

Clerical Hours Per Year (G=Ex0.1)	(H)

Total Hours Per Year (H=E+F+G)	(I)

Total Cost Per Year

1	Applications	Not applicable

2	Surveys and Studies	Not applicable

3	Reporting Requirements

 	A.	Read and Understand Rule Requirements	40	1	40	0	0	0	0	0	$0.00

 	B.	Required Activities

 	 	1) Initial performance tests and reports (PM, dioxins/furans,
opacity, fugitives, HCl, Cd, Pb, Hg)	775	1	775	0	0	0.00	0.00	0.00	$0.00

 	 	2) CEMS demonstration (SO2, NOx, opacity, CO, CO2, O2)

 	 	 	a) Installation of CEM units	225	1	225	0	0	0.00	0.00	0.00	$0.00

 	 	 	b) Initial demonstration	450	1	450	0	0	0.00	0	0.00	$0.00

 	 	3) Annual performance tests and test reports (PM, dioxins/furans,
opacity, fugitives, HCl, Cd, Pb, Hg)	775	1	775	1	775	38.75	77.50	891.25
$83,819.74

 	 	4) Quarterly Appendix F audits of CEMS (SO2, NOx, CO)

 	 	 	a) RATA audit (one per year)	350	1.86	651	1	651	32.55	65.10
748.65	$70,408.58

 	 	 	b) RAA audit (three per year)	130	5.58	725.40	1	725.40	36.27
72.54	834.21	$78,455.27

 	 	 	c) Daily calibration and operation	1	678.90	678.90	1	678.90
33.95	67.89	780.74	$73,426.09

 	C.	Create Information	Included in 3.B

 	D.	Gather Information	Included in 3.E

 	E.	Report Preparation

 	 	1) Plant startup

 	 	 	a) Preliminary and final material separation plans and siting
analysis	270	1	270	0	0	0	0	0	$0.00

 	 	 	b) Public meeting and comment response	140	1	140	0	0	0	0	0
$0.00

 	 	 	c) Notification of construction	2	1	2	0	0	0	0	0	$0.00

 	 	 	d) Notification of startup	2	1	2	0	0	0	0	0	$0.00

 	 	2)  Notification of initial performance tests	4	1	4	0	0	0	0	0
$0.00

 	 	3)  Initial compliance reports	40	1	40	0	0	0	0	0	$0.00

 	 	4)  Notification of CEMS demonstration	4	1	4	0	0	0	0	0	$0.00

 	 	5)  Initial CEMS demonstration report	40	1	40	0	0	0	0	0	$0.00

 	 	6)  Annual compliance reports	40	1.86	74.40	1	74.40	3.72	7.44
85.56	$8,046.69

 	 	7)  Semi-annual excess emission reports	40	2	80	0.5	40	2	4.00	46
$4,326.18

 	Subtotal - Reporting Requirements	 	 	 	 	 	 	 	3,386.41
$318,482.56

4	Recordkeeping Requirements

 	A.	Read Instructions	Included in 3.A

 	B.	Plan Activities	Included in 3.B

 	C.	Implement Activities	Included in 3.B

 	D.	Develop Record System	Not applicable

 	E.	Record information

 	 	1) Record startups, shutdowns, and malfunctions	4	47	188	1	188
9.40	18.80	216.20	$20,333.05

 	 	2) Records of all emission rates, computations, tests	4	47	188	1
188	9.40	18.80	216.20	$20,333.05

 	 	3) Records of employee review of operations manual	4	1	4	1	4	0.20
0.40	4.60	$432.62

 	 	4) Record amount of sorbent used for Hg and dioxin/furan control	4
4	16	1	16	0.80	1.60	18.40	$1,730.47

 	F.	Personnel Training	Not applicable

 	G.	Time for audits	Not applicable

 	Subtotal - Recordkeeping Requirements	 	 	 	 	 	 	 	455.40
$42,829.18

TOTAL LABOR BURDEN AND COST: 	 	 	 	 	 	 	 	3,842 (Rounded)
$361,312 (Rounded)

ASSUMPTIONS

Assumes four existing affected facilities at two plants.

Assumes one additional new private facility/respondent will become
subject to the standard over the next three years.

The number of respondents averaged over the three-year ICR cycle is
estimated to be 2 (Rounded).

There are an average of 1.86 affected facilities (i.e., sources or
units) per respondent [4.33 facilities at 2.33 plants = 1.86 (Rounded)].

Relative accuracy test audits (RATA) occur once per year for each
affected facility (1 x 1.86 = 1.86).

Relative accuracy audits (RAA) occur three times per year for each
affected facility (3 x 1.86 = 5.58).

Daily calibration and operation data occurs daily (365 x 1.86 = 678.90).

Costs are based on the following hourly rates: technical at $97.59,
management at $114.77, and clerical at $48.26.

RATA audits are performed for one of the four quarterly audits.  RAA
tests are performed for three of the four quarterly audits.  Audits of
the diluent monitor (O2 or CO2) are not required because tests on SO2
and CO monitors will incorporate the use of the diluent monitor.

Assumes 47 weeks of operation (90 percent availability) per year per
facility.

Assumes one source has a facility with excess emissions and must submit
two semiannual reports.

Table 2.  Annual Agency Burden for the NSPS for Small Municipal Waste
Combustors (40 CFR part 60, subpart AAAA) (Renewal)

 	(A)	(B)	(C)	(D)	(E)	(F)	(G)

Burden Item	Number of Occurrences Per Year	EPA Person Hours Per
Occurrence	Tech Hours Per Year (C=AxB)	Management Hours Per Year
(D=Cx0.05)	Clerical Hours Per Year (E=Cx0.1)	Total Hours Per Year
(F=C+D+E)	EPA Cost Per Year

1	Applications	not applicable

2	Read and Understand Rule Requirements	0	40	0	0	0	0	$0

 	A.	Create Information	0	0	0	0	0	0	$0

 	B.	Gather Information	0	0	0	0	0	0	$0

 	C.	Report Reviews

 	 	1) Review preliminary and final material separation plans and
siting analysis	1	8	8	0.40	0.80	9.20	$408.42

 	 	2) Review notification of construction	1	2	2	0.10	0.20	2.30
$102.10

 	 	3) Review notification of startup	1	2	2	0.10	0.20	2.30	$102.10

 	 	4) Review notification of initial performance test	1	8	8	0.40	0.80
9.20	$408.42

 	 	5) Review notification of initial CEMS demonstration	1	4	4	0.20
0.40	4.60	$204.21

 	 	6) Review initial performance test report	1	40	40	2	4	46	$2,042.08

 	 	7) Review initial CEMS demonstration report	1	40	40	2	4	46
$2,042.08

 	 	8) Review annual compliance report	2.33	70	163.10	8.16	16.31
187.57	$8,326.58

 	 	9) Review semi-annual excess emission report	2	16	32	1.60	3.20
36.80	$1,633.66

 	D.	Prepare annual summary report	1	200	200	10	20	230	$10,210.40

TOTAL ANNUAL BURDEN AND COST:	 	 	 	 	 	574 (Rounded)	$25,480
(Rounded)

ASSUMPTIONS

Agency estimated labor rates are: technical at $45.52, management at
$61.36, clerical at $24.64.

Assumes four affected facilities at two plants.

Assumes one additional facility/respondent over the next three years.

The number of respondents averaged over the three-year ICR cycle is
estimated to be 2.33.

Assumes one source has a facility with excess emissions and must submit
two semiannual reports.

 PAGE

 PAGE   2


[Federal Register Volume 86, Number 183 (Friday, September 24, 2021)]
[Notices]
[Pages 53086-53089]
[FR Doc No: 2021-20749]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket Number USCG-2021-0191]

Waterways Commerce Cutter Acquisition Program; Preparation of a
Programmatic Environmental Impact Statement

AGENCY: Coast Guard, DHS.

ACTION: Notice of Availability of a Draft Programmatic Environmental
Impact Statement; request for comments.

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

SUMMARY: The United States Coast Guard (Coast Guard), as the lead
agency, announces the availability of the Draft Programmatic
Environmental Impact Statement (PEIS) for the Waterways Commerce Cutter
(WCC) Program's acquisition and operation of a planned 30 WCCs. This
PEIS is being prepared in compliance with the National Environmental
Policy Act (NEPA; and the regulations implemented by the Council on
Environmental Quality (CEQ). The Coast Guard has determined that a PEIS
is the most appropriate type of NEPA document for this action because
of the scope and complexity of the proposed acquisition and operation
of a planned 30 WCCs. This notice of availability (NOA) announces the
start of the public review and comment period on this PEIS. After the
Coast Guard addresses comments provided, Coast Guard will publish a
final PEIS.

DATES: Comments and related material must be post-marked or received by
the Coast Guard on or before November 8, 2021.

ADDRESSES:
    Obtaining Documents: You may access the Draft PEIS from the Coast
Guard Office of Environmental Management web page at https://www.dcms.uscg.mil/Our-Organization/Assistant-Commandant-for-Engineering-Logistics-CG-4-/Program-Offices/Environmental-Management/Environmental-Planning-and-Historic-Preservation/.
    Submitting Comments: You may submit comments on the Draft PEIS by
one of the following methods:
     Via the Web: You may submit comments identified by docket
number USCG-2021-0191 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Scoping Process'' portion of the
SUPPLEMENTARY INFORMATION section for further instructions on
submitting comments.
     Via U.S. Mail: U.S. Coast Guard Headquarters, ATTN: LCDR
S. Krolman (CG-9327), 2703 Martin Luther King Jr Ave. SE, Stop 7800,
Washington DC 20593. Please note that mailed comments must be
postmarked on or before the comment deadline of 45 days following
publication of this notice to be considered.
    Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.

FOR FURTHER INFORMATION CONTACT: For information about this document,
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: This NOA briefly summarizes the proposed
project, including the purpose and need and reasonable alternatives. As
required by NEPA and CEQ implementing regulations (40 CFR 1500-1508,
specifically Sec.  1502.3), a Federal agency must prepare an
Environmental Impact Statement (EIS) if it is proposing a major Federal
action to analyze the environmental consequences of implementing each
of the alternatives, if carried forward for full review following
public scoping, by assessing the effects of each alternative on the
natural and human environment. The Coast Guard

has determined that a PEIS is the most appropriate type of EIS for this
action because of the scope and complexity of the proposed acquisition
and operation of a planned 30 WCCs.

Purpose and Need for the Proposed Action

    The Coast Guard has a statutory mission to establish, maintain, and
operate aids to navigation (ATON) in the Inland Waterways and Western
Rivers (IW&WR). The IW&WR includes the Gulf and Atlantic Intracoastal
Waterway (ICW); the Mississippi, Missouri, Alabama, Tennessee,
Columbia, and Ohio Rivers, their associated tributaries and other
connecting waterways; portions of the Alaska Inside Passage; portions
of the Great Lakes; and several other navigable waterways around the
United States. The 35 cutters and associated 27 barges that comprise
the existing inland tender fleet servicing the IW&WR are, on average,
more than 54 years old and all have significantly exceeded their design
service life of 30 years. There is no redundant vessel capability
within the Coast Guard, Department of Homeland Security (DHS), or other
government agencies. Without replacement of the existing inland tender
fleet, the Coast Guard could face an increasing risk of failure to
maintain the capability to execute its ATON mission and provide timely
ATON services in the IW&WR and other navigable waters around the United
States.
    Due to obsolescence, hull limitations, and asset age, service life
extension and modernization efforts are increasingly difficult,
expensive to maintain, and cannot be justified. To maintain the Coast
Guard's vital inland waterways mission and continue to provide a
consistent and reliable presence in the IW&WR, the Coast Guard is
proposing to replace the existing aging inland tender fleet. WCCs would
be designed to replace the capabilities of the existing inland tender
fleet; therefore, the purpose of the Proposed Action is the acquisition
and operation of up to 30 WCCs to replace the capabilities of the
existing inland tender fleet, thereby enabling the safe navigation of
waters that support the nation's economy through maritime commerce
throughout the Marine Transportation System.

Proposed Action and Alternatives

    Coast Guard has identified and analyzed three action alternatives
and the No Action Alternative in this PEIS for public review and
comment.
    Proposed Action (Alternative 1, Preferred Alternative): Under the
Proposed Action, the Coast Guard would acquire and operate a planned 30
WCCs with design lives of 30 years to fulfill Aids to Navigation (ATON)
mission requirements in the proposed action areas in IW&WR, portions of
the Alaska Inside Passage; portions of the Great Lakes, and several
other navigable waterways around the United States.
    Similar to the existing inland tender fleet's operations,
Alternative 1 would include vessel operations to establish, operate,
and maintain the lighted and unlighted buoys and beacons to maintain
the United States Visual ATON System. This mission contributes to
protecting national interests by ensuring safe and efficient flow of
commercial vessel traffic through our nation's waters. Although it is
expected that the WCCs, similar to the existing inland tender fleet,
would be capable of performing non-ATON missions such as Ports,
Waterways and Coastal Security; Search and Rescue; Marine Environmental
Protection; and Marine Safety, their primary focus would be on the ATON
mission.
    Full operational capability would be achieved when all planned WCCs
have been produced and are operational. Coast Guard WCC operations and
training would occur after delivery of each WCC from the shipbuilder to
the Coast Guard. For example, the first WCC delivery to the Coast Guard
is expected in 2024 and the cutter would then be operational in 2025.
The last WCC is expected to be delivered and operational in 2032.
    The Proposed Action would include WCC operation, maintenance, and
commissioning of up to 11 WCC construction class (WLIC) tenders to
replace the existing capabilities of 13 inland construction tenders; up
to 16 River Buoy class (WLR) tenders to replace the capabilities of the
river buoy tenders; and up to three Inland Buoy class (WLI) tenders to
replace the capabilities of the inland buoy tenders. Although there are
three classes proposed and design specifications are not final, the
design would maximize commonality between the three classes to reduce
sustainment costs, training needs, and other associated requirements.
    The WLIC would be specifically designed for establishing and
replacing fixed ATON and would be equipped with impact and vibratory
pile driving and extraction equipment and spuds. The WLR and WLI would
have capability to deploy and retrieve buoy mooring equipment from the
seabed or riverbed using a water jet system that would also be equipped
to move buoys, and move and recover sinkers, chain, wire rope,
synthetic rope, and other materials without a crane.
    All WCCs would have the ability to tow one vessel (of equivalent
displacement) in either a side tow or stern tow. Each WCC would also
have the capability to be towed by the bow, pushed ahead from the
stern, and towed alongside from either port or starboard. Vessels would
be towed according to specifications in the Cutter Towing Operations
Tactics, Techniques, and Procedures (CGTTP 3-91.15 issued March 2017).
All WCCs would also recover stray, stranded, and scrap buoys.
    Vessel performance testing for a WCC would be similar to testing
conducted for the existing inland tender fleet. Scheduled maintenance
would likely occur within close proximity to each WCC's homeport;
however, the exact locations of all the homeports for all WCCs are not
known at this time.
    Alternative 2, Reduced Acquisition of Coast Guard Owned and
Operated Systems: The Coast Guard would explore hybrid government and
contracted options for mission performance. Ship platforms would meet
similar technical specifications discussed in Alternative 1. Potential
scenarios could include: Contractor-owned (commercial entity funds ship
construction, overhaul and maintenance) and government-operated (Coast
Guard provides the personnel); government-owned (government funds ship
construction, overhaul and maintenance) and contractor-operated (a
commercial operating company provides the crew); or contractor-owned
and contractor-operated systems (Coast Guard provides neither platforms
nor personnel). Operations and training using WCCs acquired under
Alternative 2 are the same as for Alternative 1.
    Alternative 3, Mixed Fleet: The mixed fleet solution would be a
combination of cutters and shore-based assets (including ATON team
units), electronic ATON, and contracted ATON services. To accomplish a
mixed fleet solution, additional Coast Guard ATON personnel and teams
would be required. To accommodate the additional ATON teams, existing
facilities would require expansion and construction of new shore based
facilities could be necessary. Use of electronic ATON instead of
physical ATON could also prove necessary. Operations and training using
WCCs acquired under Alternative 2 are the same as for Alternative 1.
    No Action Alternative: The evaluation of a No Action Alternative is
required by the regulations implementing NEPA. Under the No Action
Alternative, the

Coast Guard would fulfill its statutory missions in the IW&WR using the
existing inland tender fleet. The existing assets would continue to
age, causing a decrease in efficiency of machinery as well as an
increased risk of equipment failure or damage, and would not be
considered reliable for immediate emergency response. In addition, it
would become more difficult for an ageing fleet to remain in compliance
with environmental laws and regulations and standards for safe
operation. Further Service Life Extensions become more challenging as
significant systems and parts are no longer available, which requires
contracting for systems or parts to be made specifically for the
vessel.

Summary of Expected Impacts

    While the Coast Guard must work toward environmental compliance
during the design and acquisition of WCCs, each vessel is not expected
to impact the environment (biological, physical, or socioeconomic
resources) until it is operational and no significant impacts are
expected after vessels are operational. In addition, vessel
construction in commercial shipyards is not expected to impact any
physical or biological resources.
    Although the total number of WCCs may be subject to change and all
three action alternatives being considered would all reduce the size of
the overall fleet, Congressional Authorization is for no more than 30.
As such, the PEIS analyzes the potential impact of the range of a
planned 30 WCCs, as this would be the highest number projected to be
operational in the Coast Guard's proposed action areas. Acoustic and
physical stressors associated with the Proposed Action may potentially
impact the physical and biological environment in the proposed action
areas. Potential acoustic stressors include: The fathometer and Doppler
speed log (navigation system), vessel noise, ATON signal noise, tool
noise, and pile driving noise. Potential physical stressors include:
Vessel movement, bottom disturbance, ground disturbance (removal of
brush), pile driving, unrecovered jet cone moorings, and ATON retrieval
devices and tow lines.
    Since the WCC fleet would service a broad geographic area,
stressors associated with the Proposed Action are assessed to determine
if they potentially impact physical resources (including air quality,
ambient sound, bottom habitat and sediments, and water quality),
biological resources (including critical habitat), and socioeconomic
resources.
    The PEIS evaluates the likelihood that a resource would be exposed
to or encounter a stressor and identifies the impact associated with
that exposure or encounter. The likelihood of an exposure or encounter
is based on the stressor, location, and timing relative to the spatial
and temporal distribution each biological resource or critical habitat.
No significant impacts to environmental resources were identified.

Anticipated Permits and Authorizations

    The Proposed Action is programmatic and each WCC would have a
design service life of 30 years. As such, potential permits and
authorizations are identified in the PEIS. Certain approvals may be
completed as part of the PEIS, but specific permits and authorizations
under the laws listed below would be determined through consultations
with the appropriate regulatory agencies, and would not necessarily be
issued until a WCC is operational in a specific geographic area.
Implementation of all alternatives would ultimately require compliance
with the following laws and regulations through issuance of permits
and/or authorizations:
    The Coastal Zone Management Act (16 U.S.C 1451 et seq.) was enacted
to protect the coastal environment from demands associated with
residential, recreational, and commercial uses. The Coast Guard would
determine the impact of the Proposed Action and provide a Coastal
Consistency Determination or Negative Determination to the appropriate
state agency for anticipated concurrence once the homeports are
selected for the WCCs.
    The Endangered Species Act (ESA) of 1973 (16 U.S.C 1531 et seq.)
provides for the conservation of endangered and threatened species and
the ecosystems on which they depend. The Coast Guard completed an ESA
Section 7 and Essential Fish Habitat consultation with NMFS on the U.S.
Coast Guard Federal Aids to Navigation Program, finalized on April 19,
2018. Any information provided in the PEIS includes WCC support of
ATONs, only as it pertains to the Proposed Action and any determination
provided in the PEIS is consistent with the findings in the National
Marine Fisheries Service (NMFS) Biological Opinion. Any determinations
provided in this PEIS for species not included in the NMFS Biological
Opinion or for those species that are under the jurisdiction of the
U.S. Fish and Wildlife Service (USFWS), should be considered
preliminary. The Coast Guard anticipates consulting under Section 7 of
the ESA with the appropriate NMFS and the USFWS offices that have
jurisdiction over the species (50 CFR 402.14(a)).
    The Marine Mammal Protection Act (MMPA; 16 U.S.C 1361 et seq.)
established, with limited exceptions, a moratorium on the ``taking'' of
marine mammals in waters or on lands under U.S. jurisdiction, and on
the High Seas by vessels or persons under U.S. jurisdiction. The MMPA
further regulates ``takes'' of marine mammals in U.S. waters and by
U.S. citizens on the High Seas. The term ``take,'' as defined in
Section 3 (16 U.S.C. 1362) of the MMPA, means ``to harass, hunt,
capture, or kill, or attempt to harass, hunt, capture, or kill any
marine mammal''. ``Harassment'' was further defined in the 1994
amendments to the MMPA as any act of pursuit, torment, or annoyance
which (i) has the potential to injure a marine mammal or marine mammal
stock in the wild (that is, Level A Harassment); or (ii) has the
potential to disturb a marine mammal or marine mammal stock in the wild
by causing disruption of behavioral patterns, including, but not
limited to, migration, breathing, nursing, breeding, feeding, or
sheltering (that is, Level B Harassment). Where appropriate, the Coast
Guard anticipates requesting a Letter of Authorization to ``take''
marine mammals, defined as Level B harassment.
    The National Historic Preservation Act (NHPA; 16 U.S.C. 470, et
seq.), Section 106, requires that each federal agency identify and
assess the effects its actions may have on historic properties,
including potential effects on historic structures, archaeological
resources, and tribal resources eligible for or listed on the National
Register of Historic Places. The Coast Guard would determine if any
historic resources are present in the project area, evaluate the
potential for the proposed action to adversely affect these resources,
and consult with the appropriate state agency and any interested or
affected Tribes to resolve any adverse effects by developing and
evaluating alternatives or measures that could avoid, minimize, or
mitigate impacts.
    The Clean Air Act (42 U.S.C. 7401, et seq.) regulates emissions
from both stationary (industrial) sources and mobile sources. The Coast
Guard would evaluate the potential for increased emissions during
proposed action activities to determine if the emissions would be in
conformity with the State Implementation Plan for attainment of
National Ambient Air Quality Standards.

Schedule for the Decision-Making Process

    Following the comment period announced in this Notice of
Availability, and after consideration of all comments received, Coast
Guard would prepare a Final PEIS for the acquisition and operation of a
planned 30 WCCs. In meeting CEQ regulations requiring EISs to be
completed within 2 years the Coast Guard anticipates the Final PEIS
would be available in 2022. Availability of the Final PEIS would be
published in the Federal Register and would be available for a 30-day
waiting period. Because new information may become available after the
completion of the Draft or Final PEIS, supplemental NEPA documentation
may be prepared in support of new information or changes in the
Proposed Action considered under the PEIS.

Public Scoping Process

    The Coast Guard is seeking comments on the potential environmental
impacts that may result from the Proposed Action or preliminary
Alternatives. The Coast Guard is also seeking input on relevant
information, studies, or analyses of any kind concerning impacts
potentially affecting the quality of the human environment as a result
of the Proposed Action. NEPA requires federal agencies to consider
environmental impacts that may result from a Proposed Action, to inform
the public of potential impacts and alternatives, and to facilitate
public involvement in the assessment process. The PEIS includes, among
other topics, discussions of the purpose and need for the Proposed
Action, a description of alternatives, a description of the affected
environment, and an evaluation of the environmental impact of the
Proposed Action and alternatives.
    The Coast Guard intends to follow the CEQ regulations implementing
the NEPA (40 CFR 1500-1508) by scoping through public comments.
Scoping, which is integral to the process for implementing NEPA,
provides a process to ensure that (1) issues are identified early and
properly studied; (2) issues of little significance do not consume
substantial time and effort; (3) the draft PEIS is thorough and
balanced; and (4) delays caused by an inadequate PEIS are avoided.
    Public scoping is a process for determining the scope of issues to
be addressed in this PEIS and for identifying the issues related to the
Proposed Action that may have a significant effect on the environment.
The scoping process began with publication of the Notice of Intent to
prepare the PEIS, published April 19, 2021 (86 FR 20376). The Coast
Guard received two comments during the 45-day public scoping period
that began April 27, 2021 and ended June 11, 2021. In this Notice of
Availability, the Coast Guard is providing the public with the
opportunity to comment on the Draft PEIS. After Coast Guard considers
those comments, the Final PEIS will be prepared and its availability
similarly announced to solicit public review and comment. Comments
received during the Draft PEIS review period will be available in the
public docket and made available in the Final PEIS.
    Pursuant to the CEQ regulations, Coast Guard invites public
participation in the NEPA process. This notice requests public
comments, establishes a public comment period, and provides information
on how to participate.
    The 45-day public comment period begins September 24, 2021 and ends
November 8, 2021. Comments and related material submitted to the online
docket via https://www.regulations.gov/ must be received by the Coast
Guard on or before November 11, 2021, and mailed submission, must be
postmarked on or before that same date.
    The Coast Guard encourages comments submitted through the Federal
Decision-Making portal at https://www.regulations.gov, using the search
function for Waterways Commerce Cutter or by docket number. If your
material cannot be submitted using https://www.regulations.gov, contact
U.S. Coast Guard Headquarters, ATTN: LCDR S. Krolman (CG-9327), 2703
Martin Luther King Jr. Ave. SE, Stop 7800, Washington, DC 20593-7800 or
Coast Guard at<EMAIL_ADDRESS>A phone
message may be left at<PHONE_NUMBER>.
    In submissions, please include the docket number for this Notice of
Availability and provide reasoning for comments. We will consider all
substantive and relevant comments received during the comment period.
We review all comments received, but we will only post comments that
address the topic of the notice. We may choose not to post off-topic,
inappropriate, or duplicate comments that we receive.
    We accept anonymous comments. Comments received in response to this
solicitation, including names and addresses of those who comment, will
be part of the public record for this Proposed Action. Comments we post
to https://www.regulations.gov will include any personal information
you have provided. For more about privacy and submissions in response
to this document, see DHS's eRulemaking System of Records notice (85 FR
14226, March 11, 2020).
    Documents mentioned in this Notice of Availability as being
available in the docket, and posted public comments, will be in the
online docket at https://www.regulations.gov and can be viewed by
following that website's instructions.

    Dated: September 17, 2021.
Aileen Sedmak,
Waterways Commerce Cutter Program Manager.
[FR Doc. 2021-20749 Filed 9-23-21; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 204 (Wednesday, October 22, 2014)]
[Rules and Regulations]
[Pages 63053-63056]
[FR Doc No: 2014-25132]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2014-0217; FRL-9916-97]

Polyoxyalkylated Sorbitan Fatty Acid Esters; Tolerance Exemption

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of polyoxyalkylated sorbitan fatty acid
esters with C6 through C22 aliphatic alkanoic and/or alkenoic fatty
acids, branched or linear, the resulting polyoxyalkylene sorbitan
esters having a minimum molecular weight of 1,300 when used as an inert
ingredient in a pesticide chemical formulation. Spring Trading Company,
on behalf of Croda, Inc., submitted a petition to EPA under the Federal
Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the
requirement of a tolerance. This regulation eliminates the need to
establish a maximum permissible level for residues of polyoxyalkylated
sorbitan fatty acid esters with C6 through C22 aliphatic alkanoic and/
or alkenoic fatty acids, branched or linear, the resulting
polyoxyalkylene sorbitan esters having a minimum molecular weight of
1,300 on food or feed commodities.

DATES: This regulation is effective October 22, 2014. Objections and
requests for hearings must be received on or before December 22, 2014,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2014-0217, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW., Washington, DC 20460-0001. The 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 Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Daniel J. Rosenblatt, Registration
Division (7505P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; main telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of 40 CFR
part 180 through the Government Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. Can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2014-0217 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing, and must be received by the Hearing Clerk on or before
December 22, 2014. Addresses for mail and hand delivery of objections
and hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2014-0217, by one of
the following methods.
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

II. Background and Statutory Findings

    In the Federal Register of September 5, 2014 (79 FR 53012) (FRL-
9914-98), EPA issued a document pursuant to FFDCA section 408, 21
U.S.C. 346a, announcing the receipt of a pesticide

petition (PP IN-10674) filed by Spring Trading Company, 10805 West
Timberwagon Circle, Spring, TX 77380-4030, on behalf of Croda, Inc.,
315 Cherry Lane, New Castle, DE 19720. The petition requested that 40
CFR 180.960 be amended by establishing an exemption from the
requirement of a tolerance for residues of oxyalkylated sorbitan fatty
acid esters with C6 through C22 aliphatic alkanoic and/or alkenoic
fatty acids, branched or linear, the resulting polyoxyalkylene sorbitan
esters having a minimum molecular weight of 1,300 (CAS No. 81776-11-6,
87090-31-1, 88895-72-1; 1472661-05-4, 161026-53-5, 103171-31-9,
1472661-17-8, 1472668-03-3, 1472655-32-5, 1472663-59-4, 1472663-64-1,
1472663-66-3, 1472663-92-5, 1472654-83-3, 1472644-84-0, 1472644-85-1,
1472644-87-3, 1472644-88-4, 1472644-80-6, 1472644-81-7). That document
included a summary of the petition prepared by the petitioner and
solicited comments on the petitioner's request. The Agency did not
receive any comments.
    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement for a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the exemption is ``safe.'' Section 408(c)(2)(A)(ii) of FFDCA defines
``safe'' to mean that ``there is a reasonable certainty that no harm
will result from aggregate exposure to the pesticide chemical residue,
including all anticipated dietary exposures and all other exposures for
which there is reliable information.'' This includes exposure through
drinking water and use in residential settings, but does not include
occupational exposure. Section 408(b)(2)(C) of FFDCA requires EPA to
give special consideration to exposure of infants and children to the
pesticide chemical residue in establishing an exemption from the
requirement of a tolerance and to ``ensure that there is a reasonable
certainty that no harm will result to infants and children from
aggregate exposure to the pesticide chemical residue . . .'' and
specifies factors EPA is to consider in establishing an exemption.

III. Risk Assessment and Statutory Findings

    EPA establishes exemptions from the requirement of a tolerance only
in those cases where it can be shown that the risks from aggregate
exposure to pesticide chemical residues under reasonably foreseeable
circumstances will pose no appreciable risks to human health. In order
to determine the risks from aggregate exposure to pesticide inert
ingredients, the Agency considers the toxicity of the inert in
conjunction with possible exposure to residues of the inert ingredient
through food, drinking water, and through other exposures that occur as
a result of pesticide use in residential settings. If EPA is able to
determine that a finite tolerance is not necessary to ensure that there
is a reasonable certainty that no harm will result from aggregate
exposure to the inert ingredient, an exemption from the requirement of
a tolerance may be established.
    Consistent with FFDCA section 408(b)(2)(D), EPA has reviewed the
available scientific data and other relevant information in support of
this action and considered its validity, completeness and reliability
and the relationship of this information to human risk. EPA has also
considered available information concerning the variability of the
sensitivities of major identifiable subgroups of consumers, including
infants and children. In the case of certain chemical substances that
are defined as polymers, the Agency has established a set of criteria
to identify categories of polymers expected to present minimal or no
risk. The definition of a polymer is given in 40 CFR 723.250(b) and the
exclusion criteria for identifying these low-risk polymers are
described in 40 CFR 723.250(d). Polyoxyalkylated sorbitan fatty acid
esters conforms to the definition of a polymer given in 40 CFR
723.250(b) and meets the following criteria that are used to identify
low-risk polymers.
    1. The polymer is not a cationic polymer nor is it reasonably
anticipated to become a cationic polymer in a natural aquatic
environment.
    2. The polymer does contain as an integral part of its composition
the atomic elements carbon, hydrogen, and oxygen.
    3. The polymer does not contain as an integral part of its
composition, except as impurities, any element other than those listed
in 40 CFR 723.250(d)(2)(ii).
    4. The polymer is neither designed nor can it be reasonably
anticipated to substantially degrade, decompose, or depolymerize.
    5. The polymer is manufactured or imported from monomers and/or
reactants that are already included on the TSCA Chemical Substance
Inventory or manufactured under an applicable TSCA section 5 exemption.
    6. The polymer is not a water absorbing polymer with a number
average molecular weight (MW) greater than or equal to 10,000 daltons.
    7. The polymer does not contain certain perfluoroalkyl moieties
consisting of a CF3- or longer chain length as specified in 40 CFR
723.250(d)(6).
    Additionally, the polymer also meets as required the following
exemption criteria specified in 40 CFR 723.250(e).
    8. The polymer's number average MW is greater than or equal to
1,000 and less than 10,000 daltons. The polymer contains less than 10%
oligomeric material below MW 500 and less than 25% oligomeric material
below MW 1,000.
    Thus, polyoxyalkylated sorbitan fatty acid esters meets the
criteria for a polymer to be considered low risk under 40 CFR 723.250.
Based on its conformance to the criteria in this unit, no mammalian
toxicity is anticipated from dietary, inhalation, or dermal exposure to
polyoxyalkylated sorbitan fatty acid esters.

IV. Aggregate Exposures

    For the purposes of assessing potential exposure under this
exemption, EPA considered that polyoxyalkylated sorbitan fatty acid
esters could be present in all raw and processed agricultural
commodities and drinking water, and that non-occupational non-dietary
exposure was possible. The number average MW of polyoxyalkylated
sorbitan fatty acid esters is 1,300 daltons. Generally, a polymer of
this size would be poorly absorbed through the intact gastrointestinal
tract or through intact human skin. Since polyoxyalkylated sorbitan
fatty acid esters conform to the criteria that identify a low-risk
polymer, there are no concerns for risks associated with any potential
exposure scenarios that are reasonably foreseeable. The Agency has
determined that a tolerance is not necessary to protect the public
health.

V. Cumulative Effects From Substances With a Common Mechanism of
Toxicity

    Section 408(b)(2)(D)(v) of FFDCA requires that, when considering
whether to establish, modify, or revoke a tolerance, the Agency
consider ``available information'' concerning the cumulative effects of
a particular pesticide's residues and ``other substances that have a
common mechanism of toxicity.''
    EPA has not found polyoxyalkylated sorbitan fatty acid esters to
share a common mechanism of toxicity with any other substances, and
polyoxyalkylated sorbitan fatty acid esters does not appear to produce
a toxic metabolite produced by other substances. For the purposes of
this

tolerance action, therefore, EPA has assumed that polyoxyalkylated
sorbitan fatty acid esters does not have a common mechanism of toxicity
with other substances. For information regarding EPA's efforts to
determine which chemicals have a common mechanism of toxicity and to
evaluate the cumulative effects of such chemicals, see EPA's Web site
at http://www.epa.gov/pesticides/cumulative.

VI. Additional Safety Factor for the Protection of Infants and Children

    Section 408(b)(2)(C) of FFDCA provides that EPA shall apply an
additional tenfold margin of safety for infants and children in the
case of threshold effects to account for prenatal and postnatal
toxicity and the completeness of the data base unless EPA concludes
that a different margin of safety will be safe for infants and
children. Due to the expected low toxicity of polyoxyalkylated sorbitan
fatty acid esters, EPA has not used a safety factor analysis to assess
the risk. For the same reasons the additional tenfold safety factor is
unnecessary.

VII. Determination of Safety

    Based on the conformance to the criteria used to identify a low-
risk polymer, EPA concludes that there is a reasonable certainty of no
harm to the U.S. population, including infants and children, from
aggregate exposure to residues of polyoxyalkylated sorbitan fatty acid
esters.

VIII. Other Considerations

A. Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes since
the Agency is establishing an exemption from the requirement of a
tolerance without any numerical limitation.

B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint United Nations
Food and Agriculture Organization/World Health Organization food
standards program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level.
    The Codex has not established a MRL for polyoxyalkylated sorbitan
fatty acid esters.

IX. Conclusion

    Accordingly, EPA finds that exempting residues of polyoxyalkylated
sorbitan fatty acid esters from the requirement of a tolerance will be
safe.

X. Statutory and Executive Order Reviews

    This final rule establishes a tolerance under FFDCA section 408(d)
in response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these rules from review under
Executive Order 12866, entitled ``Regulatory Planning and Review'' (58
FR 51735, October 4, 1993). Because this final rule has been exempted
from review under Executive Order 12866, this final rule is not subject
to Executive Order 13211, entitled ``Actions Concerning Regulations
That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001) or Executive Order 13045, entitled ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997). This final rule does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it involve any
technical standards that would require Agency consideration of
voluntary consensus standards pursuant to section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (NTTAA) (15 U.S.C. 272
note).
    Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the tolerance in this
final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
    This final rule directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes, or otherwise have any unique
impacts on local governments. Thus, the Agency has determined that
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 10,
1999) and Executive Order 13175, entitled ``Consultation and
Coordination with Indian Tribal Governments'' (65 FR 67249, November 9,
2000) do not apply to this final rule. In addition, this final rule
does not impose any enforceable duty or contain any unfunded mandate as
described under Title II of the Unfunded Mandates Reform Act of 1995
(UMRA) (2 U.S.C. 1501 et seq.).
    Although this action does not require any special considerations
under Executive Order 12898, entitled ``Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations'' (59 FR 7629, February 16, 1994), EPA seeks to achieve
environmental justice, the fair treatment and meaningful involvement of
any group, including minority and/or low-income populations, in the
development, implementation, and enforcement of environmental laws,
regulations, and policies. As such, to the extent that information is
publicly available or was submitted in comments to EPA, the Agency
considered whether groups or segments of the population, as a result of
their location, cultural practices, or other factors, may have atypical
or disproportionately high and adverse human health impacts or
environmental effects from exposure to the pesticide discussed in this
document, compared to the general population.

XI. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: October 14, 2014.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority:  21 U.S.C. 321(q), 346a and 371.

0
2. In Sec.  180.960, alphabetically add the following polymers to the
table to read as follows:

Sec.  180.960  Polymers; exemptions from the requirement of a
tolerance.

* * * * *

------------------------------------------------------------------------
                Polymer                              CAS No.
------------------------------------------------------------------------

                              * * * * * * *
Polyoxyalkylated sorbitan fatty acid     81776-11-6, 87090-31-1, 88895-
 esters with C6 through C22 aliphatic     72-1, 103171-31-9, 161026-53-
 alkanoic and/or alkenoic fatty acids,    5, 1472644-80-6, 1472644-81-7,
 branched or linear, the resulting        1472644-84-0, 1472644-85-1,
 polyoxyalkylene sorbitan esters          1472644-87-3, 1472644-88-4,
 minimum number average molecular         1472654-83-3, 1472655-32-5,
 weight (in amu), 1,300.                  1472661-05-4, 1472661-17-8,
                                          1472663-59-4, 1472663-64-1,
                                          1472663-66-3, 1472663-92-5,
                                          1472668-03-3

                              * * * * * * *
------------------------------------------------------------------------

[FR Doc. 2014-25132 Filed 10-21-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 68 (Friday, April 8, 2016)]
[Notices]
[Pages 20628-20629]
[FR Doc No: 2016-08071]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following exempt
wholesale generator filings:
    Docket Numbers: EG16-79-000.
    Applicants: Atlantic Power (Williams Lake) Ltd.
    Description: Self-Certification of EG or FC of Atlantic Power
(Williams Lake) Ltd.
    Filed Date: 4/1/16.
    Accession Number: 20160401-5453.
    Comments Due: 5 p.m. ET 4/22/16.

    Docket Numbers: EG16-80-000.
    Applicants: Atlantic Power (Coastal Rivers) Corporation.
    Description: Self-Certification of EG or FC of Atlantic Power
(Coastal Rivers) Corporation.
    Filed Date: 4/1/16.
    Accession Number: 20160401-5454.
    Comments Due: 5 p.m. ET 4/22/16.

    Docket Numbers: EG16-81-000.
    Applicants: Grande Prairie Wind, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Grande Prairie Wind, LLC.
    Filed Date: 4/4/16.
    Accession Number: 20160404-5199.
    Comments Due: 5 p.m. ET 4/25/16.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER13-94-008.
    Applicants: Avista Corporation.
    Description: Compliance filing: Avista Corp OATT Order 1000
Compliance Filing to be effective 4/5/2016.
    Filed Date: 4/4/16.
    Accession Number: 20160404-5181.
    Comments Due: 5 p.m. ET 4/25/16.

    Docket Numbers: ER13-99-008.
    Applicants: Puget Sound Energy, Inc.
    Description: Compliance filing: OATT Order No 1000 to be effective
4/5/2016.
    Filed Date: 4/4/16.

    Accession Number: 20160404-5225.
    Comments Due: 5 p.m. ET 4/25/16.

    Docket Numbers: ER14-1969-006.
    Applicants: Public Service Company of Colorado.
    Description: Compliance filing: 2016-4-4_PSCo Wind Integ Stlmnt-
Filing to be effective 1/1/2015.
    Filed Date: 4/4/16.
    Accession Number: 20160404-5148.
    Comments Due: 5 p.m. ET 4/25/16.

    Docket Numbers: ER15-422-004.
    Applicants: Avista Corporation.
    Description: Compliance filing: Avista Corp Order 1000 FERC Rate
Schedule No. CG2 Compliance Filing to be effective 4/5/2016.
    Filed Date: 4/4/16.
    Accession Number: 20160404-5187.
    Comments Due: 5 p.m. ET 4/25/16.

    Docket Numbers: ER15-429-004.
    Applicants: Puget Sound Energy, Inc.
    Description: Compliance filing: ColumbiaGrid Fourth Amendment to be
effective 4/5/2016.
    Filed Date: 4/4/16.
    Accession Number: 20160404-5212.
    Comments Due: 5 p.m. ET 4/25/16.

    Docket Numbers: ER16-731-000.
    Applicants: Green Country Energy, LLC.
    Description: Amendment to January 14, 2016 Green Country Energy,
LLC Triennial MBR Update.
    Filed Date: 4/4/16.
    Accession Number: 20160404-5153.
    Comments Due: 5 p.m. ET 4/25/16.

    Docket Numbers: ER16-1301-000.
    Applicants: ISO New England Inc., Emera Maine.
    Description: Sec.  205(d) Rate Filing: Changes to Bangor Hydro
District Open Access Transmission Tariff to be effective 6/1/2016.
    Filed Date: 3/31/16.
    Accession Number: 20160331-5129.
    Comments Due: 5 p.m. ET 4/21/16.

    Docket Numbers: ER16-1339-000.
    Applicants: WSPP Inc.
    Description: Sec.  205(d) Rate Filing: List of Members Update 2016
to be effective 3/30/2016.
    Filed Date: 4/4/16.
    Accession Number: 20160404-5101.
    Comments Due: 5 p.m. ET 4/25/16.

    Docket Numbers: ER16-1340-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Cancellation: Notice of Cancellation of WMPA SA
No. 3654, Queue No. Y2-003 due to Breach to be effective 4/4/2016.
    Filed Date: 4/4/16.
    Accession Number: 20160404-5102.
    Comments Due: 5 p.m. ET 4/25/16.

    Docket Numbers: ER16-1341-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Petition of Southwest Power Pool, Inc. for Tariff
Waiver.
    Filed Date: 4/1/16.
    Accession Number: 20160401-5478.
    Comments Due: 5 p.m. ET 4/22/16.

    Dockek Numbers: ER16-1343-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2016-04-04_SA 2909
Certificate of Concurrence METC-ITCI Agreement to be effective 6/1/
2016.
    Filed Date: 4/4/16.
    Accession Number: 20160404-5234.
    Comments Due: 5 p.m. ET 4/25/16.

    Take notice that the Commission received the following open access
transmission tariff filings:

    Docket Numbers: OA16-1-000.
    Applicants: Arizona Public Service Company.
    Description: Supplement to February 1, 2016 Arizona Public Service
Company's Notice of Late System Impact Studies pursuant to Order 890
and 890-A.
    Filed Date: 3/28/16.
    Accession Number: 20160328-5250.
    Comments Due: 5 p.m. ET 4/18/16.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: April 4, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-08071 Filed 4-7-16; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 122 (Wednesday, June 25, 2014)]
[Notices]
[Pages 36047-36048]
[FR Doc No: 2014-14848]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER13-127-003.
    Applicants: Idaho Power Company.
    Description: Resubmitted OATT Order No. 1000 Third Regional
Compliance Filing to be effective 6/13/2014.
    Filed Date: 6/18/14.
    Accession Number: 20140618-5002.
    Comments Due: 5 p.m. ET 7/7/14.

    Docket Numbers: ER14-1882-001.
    Applicants: Monongahela Power Company.
    Description: Compliance Filing per 6/9/14 Order in ER14-1882 to be
effective 6/1/2014.
    Filed Date: 6/18/14.
    Accession Number: 20140618-5072.
    Comments Due: 5 p.m. ET 7/9/14.

    Docket Numbers: ER14-1883-001.
    Applicants: Allegheny Energy Supply Company, LLC.
    Description: Compliance Filing per 6/9/14 Order in ER14-1883 to be
effective 6/1/2014.
    Filed Date: 6/18/14.
    Accession Number: 20140618-5073.
    Comments Due: 5 p.m. ET 7/9/14.

    Docket Numbers: ER14-2200-000.
    Applicants: ESI Vansycle Partners, L.P.
    Description: ESI Vansycle Partners, L.P. Order No. 784 Compliance
Filing to be effective 6/18/2014.
    Filed Date: 6/17/14.
    Accession Number: 20140617-5144.
    Comments Due: 5 p.m. ET 7/8/14.

    Docket Numbers: ER14-2201-000.
    Applicants: FPL Energy Stateline II, Inc.
    Description: FPL Energy Stateline II, Inc. Order No. 784 Compliance
Filing to be effective 6/18/2014.
    Filed Date: 6/17/14.
    Accession Number: 20140617-5145.
    Comments Due: 5 p.m. ET 7/8/14.

    Docket Numbers: ER14-2202-000.
    Applicants: FPL Energy Vansycle L.L.C.
    Description: FPL Energy Vansycle, L.L.C. Order No. 784 Compliance
Filing to be effective 6/18/2014.
    Filed Date: 6/17/14.
    Accession Number: 20140617-5150.
    Comments Due: 5 p.m. ET 7/8/14.

    Docket Numbers: ER14-2203-000.
    Applicants: Limon Wind, LLC.
    Description: Limon Wind, LLC Order No. 784 Compliance Filing to be
effective 6/18/2014.
    Filed Date: 6/17/14.
    Accession Number: 20140617-5151.
    Comments Due: 5 p.m. ET 7/8/14.

    Docket Numbers: ER14-2204-000.
    Applicants: Limon Wind II, LLC.
    Description: Limon Wind II, LLC Order No. 784 Compliance Filing to
be effective 6/18/2014.
    Filed Date: 6/17/14.
    Accession Number: 20140617-5153.
    Comments Due: 5 p.m. ET 7/8/14.

    Docket Numbers: ER14-2205-000.
    Applicants: Logan Wind Energy LLC.
    Description: Logan Wind Energy LLC Order No. 784 Compliance Filing
to be effective 6/18/2014.
    Filed Date: 6/17/14.
    Accession Number: 20140617-5154.
    Comments Due: 5 p.m. ET 7/8/14.

    Docket Numbers: ER14-2206-000.
    Applicants: Northern Colorado Wind Energy, LLC.
    Description: Northern Colorado Wind Energy, LLC Order No. 784
Compliance Filing to be effective 6/18/2014.
    Filed Date: 6/17/14.
    Accession Number: 20140617-5158.
    Comments Due: 5 p.m. ET 7/8/14.

    Docket Numbers: ER14-2207-000.
    Applicants: Peetz Table Wind Energy, LLC.
    Description: Peetz Table Wind Energy, LLC Order No. 784 Compliance
Filing to be effective 6/18/2014.
    Filed Date: 6/17/14.
    Accession Number: 20140617-5159.
    Comments Due: 5 p.m. ET 7/8/14.

    Docket Numbers: ER14-2208-000.
    Applicants: Southern California Edison Company.
    Description: GIA & Distrib Service Agmt SunEdison Utility
Solutions, LLC--Mira Loma Project to be effective 6/19/2014.
    Filed Date: 6/18/14.
    Accession Number: 20140618-5003.
    Comments Due: 5 p.m. ET 7/9/14.

    Docket Numbers: ER14-2209-000.
    Applicants: Duke Energy Progress, Inc.
    Description: Amendment to RS 193 Cargill-DEP to be effective 6/14/
2014.
    Filed Date: 6/18/14.
    Accession Number: 20140618-5023.
    Comments Due: 5 p.m. ET 7/9/14.

    Docket Numbers: ER14-2210-000.
    Applicants: Duke Energy Conesville, LLC.
    Description: 2nd Correction to MBR Tariff to be effective 5/1/2014.
    Filed Date: 6/18/14.
    Accession Number: 20140618-5057.
    Comments Due: 5 p.m. ET 7/9/14.

    Docket Numbers: ER14-2211-000.
    Applicants: Duke Energy Dicks Creek, LLC.
    Description: 2nd Correction to MBR Tariff to be effective 5/1/2014.
    Filed Date: 6/18/14.
    Accession Number: 20140618-5060.
    Comments Due: 5 p.m. ET 7/9/14.

    Docket Numbers: ER14-2212-000.
    Applicants: Duke Energy Killen, LLC.
    Description: 2nd Correction to MBR Tariff to be effective 5/1/2014.
    Filed Date: 6/18/14.
    Accession Number: 20140618-5063.
    Comments Due: 5 p.m. ET 7/9/14.

    Docket Numbers: ER14-2213-000.
    Applicants: Duke Energy Miami Fort, LLC.
    Description: 2nd Correction to MBR Tariff to be effective 5/1/2014.
    Filed Date: 6/18/14.
    Accession Number: 20140618-5065.
    Comments Due: 5 p.m. ET 7/9/14.

    Docket Numbers: ER14-2214-000.
    Applicants: Duke Energy Stuart, LLC.
    Description: 2nd Correction to MBR to be effective 5/1/2014.
    Filed Date: 6/18/14.
    Accession Number: 20140618-5067.
    Comments Due: 5 p.m. ET 7/9/14.

    Docket Numbers: ER14-2215-000.
    Applicants: Duke Energy Zimmer, LLC.
    Description: 2nd Correction to MBR Tariff to be effective 5/1/2014.
    Filed Date: 6/18/14.
    Accession Number: 20140618-5068.
    Comments Due: 5 p.m. ET 7/9/14.

    Docket Numbers: ER14-2216-000.
    Applicants: Niagara Mohawk Power Corporation.
    Description: Notice of Cancellation of Amended and Restated
Transportation Services Agreement Rate Schedule No. 178 of Niagara
Mohawk Power Corporation.
    Filed Date: 6/18/14.
    Accession Number: 20140618-5069.
    Comments Due: 5 p.m. ET 7/9/14.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: June 18, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-14848 Filed 6-24-14; 8:45 am]
BILLING CODE 6717-01-P