December 18, 2003 Supporting Statement under the Paperwork Reduction Act 1. Identification of the Information Collection 1( a) Title of the Information Collection TITLE: Final Rule Related Addendum to an Existing EPA ICR entitled: TSCA § 402/ 404 Training and Certification, Accreditation, and Standards for Lead Based Paint Activities ICR No. EPA ICR No. 1715.05; OMB 2070 0155 1( b) Short Characterization/ Abstract This information collection request ( ICR) is an addendum to an existing ICR, identified under EPA ICR No. 1715.02 and OMB Control No. 2070 0155. That ICR covers the reporting and recordkeeping requirements for lead based paint abatement professionals conducting leadbased paint activities and training programs providing lead based paint activities courses, which were promulgated under the authority of Sections 402, 404, and 407 of the Toxic Substances Control Act ( TSCA). This addendum is intended to provide the burden estimates associated with the final rule entitled: " Lead; Notification Requirements for Lead Based Paint Abatement Activities and Training," and serves to amend the approved burden for the existing ICR to include the burden associated with the notification provisions recently promulgated.

The final rule, issued under the authority of Section 407 of TSCA, establishes notification procedures for lead abatement professionals ( certified under 40 CFR 745.226) conducting leadbased paint activities, and training programs ( accredited under 40 CFR 745.225) providing leadbased paint activities courses. Specifically, this regulation establishes procedures for notifying the Agency prior to commencement of lead based paint abatement activities as required by 40 CFR 745.227( e)( 4). In addition, this regulation establishes new requirements for training programs accredited under 40 CFR 745.225 to notify the Agency under the following conditions: 1) prior to providing lead based paint activities training courses, and 2) following completion of lead based paint activities training courses. These notification requirements are necessary to provide EPA compliance monitoring and enforcement personnel with information necessary to track compliance activity and to prioritize inspections. Today's regulation also supports the effort of 40 CFR part 745, subpart L to ensure that lead abatement professionals involved in inspecting, assessing or removing lead based paint, dust or soil are well qualified, trained and certified to conduct these activities.

A proposed addendum to the existing ICR ( identified as EPA ICR No. 1715.04), was made available for public comment along with the proposed rule in 2001. As an addendum, this document provides the information that would be in addition to that already provided in the existing ICR ( identified as EPA ICR No. 1715.02). When the existing ICR is renewed in the first quarter of FY2004, EPA will amend that ICR to reflect the action taken in this addendum, both in terms of explanation and burden estimates. Page 2 of 24 2. Need for and Use of the Collection 2( a) Need/ Authority for the Collection The Agency is issuing this regulation under the authority of section 407 of the Toxic Substances Control Act ( TSCA), 15 U. S. C. 2687. Section 407 states that regulations of the Administrator under Subchapter IV of TSCA shall include such record keeping and reporting requirements as may be necessary to insure effective implementation. EPA regulations under Subchapter IV of TSCA include lead based paint activities regulations, which this regulation seeks to amend, codified at 40 CFR 745 subpart L.

This authority is in addition to those authorities summarized in Section 2( a) of the existing ICR ( EPA ICR No. 1715.02).

2( b) Practical Utility/ Users of the Data These users are the same as the users summarized in Section 2( b) of the existing ICR ( EPA ICR No. 1715.02).

EPA This information collection will provide EPA compliance, monitoring, and enforcement personnel with information necessary to track compliance activity and to prioritize inspections.

EPA/ States This collection will enable EPA/ States to determine compliance with and enforce the requirements for lead based paint abatement activities and training. Without this collection, there would be no meaningful way of ensuring the implementation of the statutory objective: to establish procedures to notify the Agency prior to commencement of lead based paint abatement activities.

3. Nonduplication, Consultations, and Other Collection Criteria 3( a) Nonduplication The Agency's collection pursuant to the TSCA Section 402, 204, and 407 regulations does not duplicate any other Agency collection. There is no other model program for lead based paint activities or associated State program approval process, and there are currently no Federal standards for the conduct of these activities.

This section is the same as Section 5( a) of the existing ICR ( EPA ICR No. 1715.02)

3( b) Public Notice Required Prior to ICR Submission to OMB The publication of the proposed regulation for these requirements ( 66 FR 7208) served as the public notice for this ICR. Interested parties submitted comments to the Agency which were taken into account when developing this final rulemaking. On October 12, 2001, OMB filed the Page 3 of 24 following comments on the proposed addendum ( identified as EPA ICR # 1715.04), which it received on January 23, 2001: " This ICR is associated with a proposed rulemaking. Due to the likelihood of public comment, OMB will act on the ICR at the final rule stage. When EPA submits the ICR associated with the final rule, it should include a discussion of comments received and the Agency response to those comments." EPA has provided OMB with a copy of the Response to Comment document. See attachment E.

3( c) Consultations During the development of this rule, the Agency has consulted with a broad range of interested parties, including States, training providers, and firms/ individuals. The Agency has also worked directly with other Federal agencies, States, and lead based paint abatement contractors to develop the program.

This section is the same as Section 5( b) of the existing ICR ( EPA ICR No. 1715.02).

3( d) Effects of Less Frequent Collection Due to the nature of this regulation and its collection, less frequent collection is not feasible. In particular, each training program requires specific notification and documentation prior to commencement and upon completion of each lead based paint activity course, and each lead based paint abatement activity is a separate and unique event requiring specific notification and documentation prior to commencement.

This section is the same as Section 5( c) of the existing ICR ( EPA ICR No. 1715.02)

3( e) General Guidelines This ICR is consistent with OMB's general guidelines. The Agency is requiring that individuals and firms maintain records for three years.

Training providers must maintain records for 3.5 years. This is due to the interim certification period of six months following an individual completing training, which allows the individual time to apply to EPA/ States to receive official certification. At such time, the individual remains certified for three years ( or five years for individuals who have passed a proficiency test as part of their training) before he or she must obtain refresher training and recertification. EPA wishes training providers to maintain records on a particular student for as long as the individual is certified following training. Therefore, the Agency believes that the 3.5 years is an appropriate period for the retention of such records.

This section is the same as Section 5( d) of the existing ICR ( EPA ICR No. 1715.02).

3( f) Confidentiality This regulation does not address questions of a confidential nature and contains the same information as Section 5( e) of the existing ICR ( EPA ICR No. 1715.02).

3( g) Sensitive Questions Page 4 of 24 This regulation does not address questions of a sensitive nature and contains the same information as Section 5( e) of the existing ICR ( EPA ICR No. 1715.02).

4. The Respondents and the Information Requested 4( a) Respondents/ NAICS Codes/ SIC Codes Respondents to this rule include: 1) firms and supervisors engaged in lead based paint activities, and 2) training programs providing training services in lead based paint activities. The impacted industries are the same as those covered in ICR 1715.03.

NAICS codes include:

562910 Lead abatement professionals 611519 Training programs Other SIC codes include:

1521 General Contractors  Single Family Homes 1522 General Contractors  Residential Buildings, Other Than Single Family 1531 Operative Builders 1542 Other Nonresidential Buildings 1721 Painting Contractors 1742 Plastering, Dry Wall, Acoustical, Insulation Work 1751 Carpentry Work Contractors 1761 Roofing, Siding, Sheet Metal Work 1795 Wrecking and Demolition 1799 Miscellaneous Trade Contractors, NEC 8249 Schools: Industrial, Technical & Trade Vocational Schools NEC 8299 Vocational Guidance Training Programs & Services 4( b) Information Requested This regulation specifies reporting and record keeping for training providers and individuals/ firms undertaking lead based paint abatement activities. These are new requirements that must be performed, in addition to the activities covered in ICR# 1715.03.

Notification of Lead Based Paint Activities Courses Offered By Training Providers ( 745.225( c)( 13))

As outlined in Section 745.225( c)( 13)( i v), the training manager shall provide the Agency with notice of all lead based paint activities courses offered. The original notice must be received by the Agency at least seven ( 7) business days prior to offering any lead based paint activities course. The training manager shall provide the Agency updated notice: 1) at least seven business days before the revised start date if the course start date is moved up, 2) at least two business days prior to the course start date if the course is delayed, 3) at least seven business days before the course start date if the course location has changed, and 4) at least two business days prior to the course start date, if the course is cancelled or other change is made to the original notice. Page 5 of 24 As required by Section 745.225( c)( 13)( vi), providers shall notify the Agency by written notice. Written notification of lead based paint activities course schedules can use either the sample form, entitled " Lead Based Paint Activities Training Course Schedule" or a similar form developed by the training program containing the required information. All written notices shall be delivered by the U. S. Postal Service, fax, commercial delivery service, or hand delivery ( Persons submitting notification by U. S. Postal Service are reminded that they should allow three additional business days for delivery in order to ensure that the Agency receives the notification by the required date). In addition, beginning in the Summer of 2004 training providers may provide electronic submissions using the Agency's Central Data Exchange ( CDX). The CDX system provides secure internet based electronic submission of data to the Agency.

( i) Data Items The initial notice should include the following:

° Notification type ( Original, Updated, Cancellation); ° Training program name, EPA accreditation number, address, and phone number; ° Course discipline, type ( initial/ refresher), and the language in which instruction will be given; ° Date( s) and time( s) of training; ° Training location( s) phone number, and street address; ° Principal instructor's name; and ° Training manager's name and signature.

( ii) Respondent Activities As required by Section 745.225( c)( 13)( i iv), training providers notifying the Agency must perform the following activities:

° Provide notification to the Agency of all lead based paint activities courses offered; ° Update the Agency regarding any changes to training dates, course locations, course cancellations, or other change is made to the original notice.

Notification by Training Providers Following Completion of Lead Based Paint Activities Courses ( 745.225( c)( 14))

As required in Section 745.225( c)( 14), training providers shall provide the Agency notice within 10 days of completion of any lead based paint activities course. Notification shall be provided in writing using either the sample form, entitled " Lead Based Paint Activities Training Course Follow Up" or a similar form developed by the training program containing the required information. All written notices shall be delivered by the U. S. Postal Service, fax, commercial delivery service, or hand delivery ( Persons submitting notification by U. S. Postal Service are reminded that they should allow three additional business days for delivery in order to ensure that the Agency receives the notification by the required date). In addition, beginning in the Summer of 2004 training providers may provide electronic submissions using the Agency's CDX system. The CDX system provides secure internet based electronic submission of data to the Agency.

( i) Data Items Page 6 of 24 The notice should include the following:

° Training program name, EPA accreditation number, address, and phone number; ° Course discipline and type ( initial/ refresher); ° Date( s) of training; ° The following information for each student who took the course:

S Name S Address S Date of birth S Course completion certificate number S Student test score; and S Training manager's name and signature.

( ii) Respondent Activities As required by Section 745.225( c)( 14) training providers must:

° Provide the Agency notice of the completion of all lead based paint activities courses offered.

Notification of Lead Based Paint Abatement Activities By Lead Abatement Firms ( 745.227( e)( 4))

As required under Section 745.227( e)( 4), certified firms must notify EPA of lead based paint abatement activities at least five ( 5) business days prior to beginning lead based paint abatement activities. In the case of abatement activities required in response to an elevated blood lead level determination or a Federal, State, Tribal, or local emergency abatement order, the notice should be submitted to the Agency not later than the day lead based paint abatement activities begin. Firms must submit an updated notice: ( 1) at least five business days before the revised start date, if the start date is moved up, ( 2) on or before the project start date if the abatement activities are delayed, ( 3) at least five business days before the original project start date if the course location has changed, and ( 4) on or before the project start date, if the project is canceled or significantly changed.

As required by Section 745.227( e)( 4), providers shall notify the Agency by written notice. Written notification of lead based paint activities course schedules can use either the sample form, entitled " Lead Based Paint Activities Training Course Follow Up" or a similar form developed by the training program containing the required information. All written notices shall be delivered by the U. S. Postal Service, fax, commercial delivery service, or hand delivery ( Persons submitting notification by U. S. Postal Service are reminded that they should allow three additional business days for delivery in order to ensure that the Agency receives the notification by the required date). In addition, beginning in the Summer of 2004 certified firms may provide electronic submissions using the Agency's CDX system. The CDX system provides secure internet based electronic submission of data to the Agency.

( i) Data Items Notices submitted under Section 745.227( e)( 4) should include the following information: Page 7 of 24 ° Notification type ( Original, Updated, Cancellation); ° Date when lead based paint abatement activities will start; ° Date when lead based paint abatement activities will end ( approximation using best professional judgement); ° Firm's name, EPA certification number, address, and phone number; ° Type of building ( e. g. single family dwelling, multi family dwelling, child occupied facilities) on/ in which abatement work will be performed; ° Property name ( if applicable); ° Property address including apartment or unit number ( if applicable) for abatement work; ° Documentation showing evidence of an EBL determination or a copy of the Federal/ State/ Tribal/ Local emergency abatement order, if applicable; ° Name and EPA certification number of the project supervisor; ° Approximate square footage/ acreage to be abated; ° Brief description of abatement activities to be performed; and ° Name, title, and signature of the representative of the certified firm who prepared the notification.

Additionally, if the abatement activity utilizes the abbreviated notification period allowable for activities required in response to an Elevated Blood Lead Level determination or a Federal, State, Tribal, or local emergency abatement order, the notice must contain documentation showing evidence of an EBL determination or a copy of the Federal/ State/ Trial/ Local emergency abatement order.

( ii) Respondent Activities As required by Section 745.227( e)( 4), firms notifying the Agency must perform the following activities:

° Provide notification to the Agency of all lead based paint abatement activities; ° Update the Agency regarding any changes to project start dates, project cancellations, or significant project changes.

5. The Information Collected   Agency Activities, Collection Methodology, and Information Management 5( a) Agency Activities EPA will perform the following activities in response to the submittals required by this rule:

° Receive, review, and file initial notices and updates received from training providers; ° Receive, review, and file course completion notices received from training providers; and ° Receive, review, and file notices of abatement activities from lead abatement firms.

5( b) Collection Methodology and Management Page 8 of 24 For purposes of this regulation, the Agency will make use of existing technology to simplify the lead based paint abatement and training notification process. Therefore, in addition to the more traditional notification methods ( mail, commercial delivery service, or hand delivery) the Agency will allow fax, and internet based submission of notifications via the Agency's CDX system.

The Environmental Protection Agency is establishing a single portal on the Web for environmental data entering called CDX. Beginning in the Summer of 2004 the Agency will accept abatement and training program notifications through this system. CDX offers a faster, easier, more secure reporting option. CDX provides built in data quality checks, web forms, standard file formats, and a user friendly approach to reporting data.

CDX Helps Reporting Entities By:

° Reducing their reporting burden and associated costs. ° Enabling automated, machine to machine transactions eliminating tedious paper forms and redundant data entry. ° Ensuring a secure electronic environment. ° Improving data quality through built in edit and data quality checks. ° Offering faster, easier click and send reporting with one consistent point of entry for reporting, one streamlined set of procedures, and one password. ° Confirming EPA's receipt of their data. ° Translating and distributing incoming data to the appropriate data system.

CDX Helps EPA By:

° Centralizing receipt, security, user authentication, archiving, translation, distribution and related user support services for incoming data. ° Eliminating redundant infrastructure and its associated cost. ° Enabling the Agency to streamline and simplify compliance reporting for everyone.

The Agency also considered telephone notification and found it inappropriate because it would increase administrative burden, and would be less reliable due to inherent problems associated with transcribing verbal information. Therefore, the Agency does not intend to allow telephone notification.

5( c) Small Entity Flexibility The Agency has attempted to ensure that its regulatory requirements do not unduly burden small business. The notification requirements are very simple. A firm need only notify the Agency that it is commencing lead based paint abatement activities and that it will comply with the required standards.

5( d) Collection Schedule The Agency believes that receipt of notification five and seven business days respectively prior to conducting lead based paint abatement activities or training courses is necessary to facilitate the inspection of abatement and training locations. The regulation also includes provisions for updating the original notification. The Agency determined that the time periods for Page 9 of 24 initial notification willalso apply to a change in course location, or if the course is to be presented earlier than described in the original notification. Other changes, including cancellation of courses or abatement projects, need only be received by the Agency at least two business days before a training course is scheduled to begin, or by the start date of an abatement activity. Such notification periods are appropriate to allow proper allocation of EPA compliance monitoring and enforcement resources, and to prevent the arrival of Agency personnel at the wrong location or time.

6. Estimating the Burden and Cost This section estimates the incremental burden of reporting and recordkeeping for the notification requirements in § § 402 ( a) and 404 of TSCA. The burden estimates in this amendment are offered in addition to those previously submitted for reporting and recordkeeping in the TSCA § § 402/ 404 Training, Certification, Accreditation, and Standards for Lead Based Paint Activities Information Collection Request Supporting Statement. The notification burden estimates in this amendment are based on personal communications with lead based paint abatement firms in the state of Massachusetts, which currently has notification regulations similar to those proposed by EPA, as well as personal communications with training providers and states which are implementing similar programs.

The number of entities in state programs subject to the proposed requirement were derived from the Economic Analysis of the Final TSCA Section 402 ( a) ( 3) Lead Based Paint Accreditation and Certification Fee Rule. The number of entities in states with EPAadministered programs subject to the proposed requirement are based on actual data collected by EPA for the period through March 20, 2002. The events per entity estimates were taken from the Economic Analysis of the Final TSCA Section 402 ( a) ( 3) Lead Based Paint Accreditation and Certification Fee Rule. Burden and cost estimates are provided for three calender years 2002, 2003, and 2004.

Sections 6( a) and 6( b) discuss the respondents' notification burdens and costs, respectively. Section 6( c) reports EPA burdens and costs, and sections 6( d) through 6( f) provide summaries of the respondents' burdens, and provide the Federal Register burden statement.

EPA published the final 402/ 404 rule on August 29, 1996. States and tribes could begin applying for authorization to operate their own lead based paint training and certification programs on October 28, 1996. On August 31, 1998, EPA began operating the Federal program in all non authorized States and Tribes. There was an additional phase in of elements of the Federal program to allow the regulated community to come into compliance. The accreditation requirements became effective on March 1, 1999, and all training providers must now be accredited by EPA to offer lead based paint activities training courses in the Federal program. The final rule also stated that after August 30, 1999, no individuals or firms could perform, offer, or claim to perform lead based paint activities without certification from EPA. However, several unavoidable delays slowed the process of approving a sufficient number of training providers to accommodate the number of individuals who would be seeking certification prior to the August 30, 1999 date. Therefore, on August 6, 1999, EPA extended the effective date for certification of individuals and firms and use of work practice standards to March 1, 2000 ( 64 FR 42849).

EPA is now establishing notification procedures for lead abatement firms seeking to conduct lead based paint activities, and training providers offering lead based paint activities Page 10 of 24 1Economic Analysis of the Final TSCA Section 402 ( a) ( 3) Lead Based Paint Accreditation and Certification Fee Rule 2Personal communications with Training Providers courses. Under these regulations firms will be required to submit a pre abatement notification at least 5 days prior to the start of lead based paint activities. Lead based paint training providers will be required to submit pre course notification at least 7 days prior to the start of lead based paint activity courses and post course notification within 10 days of course completion.

6( a) Estimating Respondent Burden Introduction Three types of respondents will be affected by this information collection request ( ICR): 1) training providers, 2) firms performing lead based paint activities, and 3) states. The burden and cost associated with notification are: 1) reporting during the course of the year and 2) recordkeeping during the course of the year. The reporting and recordkeeping burden estimates include the time associated with completing and sending the notification forms to the appropriate authority, as well as the time required to collect the information needed to complete the form. The recordkeeping burden estimates include the time required for the respondent to copy and file a record of the notification form. In addition some states and the federal government will be affected in their role as administrators of the notification requirement.

Training Providers Pre course notification will be required at least 7 business days prior to the start of a leadbased paint activities course. Re notification will be required if the course date changes. Within 10 days of course completion, training providers will be required to submit a post course notification. The information training providers will be required to submit during pre course and post course notification is detailed in section 4 of this document. The following sections discuss how the reporting and recordkeeping burden estimates in this analysis were developed. Exhibit 6.1. presents the estimation of training provider burden for the proposed notification rule.

Reporting This analysis assumes that training providers will complete a separate notification form for each lead based paint activity course conducted. The number of pre course and post course notification events was estimated by dividing the total number of students in a given year1 by an estimated average class size2 to obtain the estimated number of courses. According to training providers and abatement firms, contacted during the data collection phase of this analysis, currently some notification programs require pre course notification for each individual course, while other programs allow training providers to submit a list of the courses they plan to offer during the coming year. This analysis conservatively assumes one pre course and one post course notification for each training course. In addition, some courses may require re notification. Training providers and state program representatives contacted said that re notification does occur. However, they were not able to estimate a re notification rate. Therefore, this analysis has adopted a re notification rate of 10 percent. An estimate of the amount of time required to complete the pre course and post course notification forms, described in section 4 of this Page 11 of 24 document, was determined by calling a sample of training providers distributed across the U. S.. The number of training providers in states with programs was adopted from the Economic Analysis of the Final TSCA Section 402 ( a) ( 3) Lead Based Paint Accreditation and Certification Fee Rule. The number of training providers in states with EPA administered programs is based on actual data collected by EPA through March 20, 2002. A distribution of burden between training providers in EPA administered programs and training providers in state administered programs was developed using estimates from TSCA § § 402/ 404 Training, Certification, Accreditation, and Standards for Lead Based Paint Activities Information Collection Request Supporting Statement.

Recordkeeping The training provider burden estimates described above includes the burden associated with filing a one page record of the notification form sent to the administering agency. An estimate of the amount of time needed to file a record was adopted from Economic Analysis of the Final TSCA Section 402 ( a) ( 3) Lead Based Paint Accreditation and Certification Fee Rule.

Annual Burden Hours As presented below in Exhibit 6.1., this amendment estimates the notification burden for all training providers in the calender year 2002 to be hours. In calender year 2003 the notification burden for all training providers drops to hours, due to the initial surge of course offerings having passed, and remains at this level in calender year 2004.

Exhibit 6.1. Training Providers: Notification Burden Estimates Category Events per Training Provider Reporting Hours/ Event Recordkeeping Hours/ Event Total Hours/ Event 2002 2003 2004 Notification Pre notification 8.72 1.97 1.97 0.15 0.01 0.16 Re notification 0.87 0.20 0.20 0.15 0.01 0.16 Post notification 8.72 1.97 1.97 1.54 0.01 1.54 Annual Total 18.32 4.14 4.14 Burden Hours per Training Provider 2002 2003 2004 14.98 3.39 3.39 Training Providers per Year State Administered EPA Administered 2002 2003 2004 2002 2003 2004 126 126 126 39 39 39 Total Burden Hours per Year 2002 2003 2004 2,471 559 559 Note( s): numbers may not calculate due to rounding Source( s): Economic Analysis of the Final TSCA Section 402 ( a) ( 3) Lead Based Paint Accreditation and Certification Fee Rule; TSCA Title IV Sections 402( a) and 404: Target Housing and Child Occupied Facilities Final Rule Regulatory Impact Analysis; Personal Communications with Training Providers; and EPA data collection. Page 12 of 24 3Personal communications with Massachusetts firms Firms Pre abatement notification will be required at least 5 business days prior to the start of lead based paint abatement activities. Re notification will be required if the start date or end date of the abatement activity changes. Firms are not required to provide notification after the completion of an abatement project. The information firms will be required to submit during preabatement notification is detailed in section 4 of this document. The following sections discuss how the reporting and recordkeeping burden estimates in this analysis were developed. Exhibit 6.2. presents the estimation of firm burden for the proposed notification rule.

Reporting This analysis assumes that firms will complete a separate notification form for each leadbased paint abatement activity conducted. The number of pre abatement notification events was adopted from the TSCA Title V Sections 402( a) and 404: Target Housing and Child Occupied Facilities Final Rule Regulatory Impact Analysis. The number of re notifications was calculated using a re notification rate of 9 percent3. An estimate of the amount of time required to complete the pre abatement notification form, described in section 4 of this document, was determined by calling a sample of firms in the state of Massachusetts. The number of firms in states with programs was adopted from the Economic Analysis of the Final TSCA Section 402 ( a) ( 3) Lead Based Paint Accreditation and Certification Fee Rule. The number of firms in states with EPAadministered programs is based on actual data collected by EPA through March 20, 2002. A distribution of burden between firms in EPA administered programs and firms in state administered programs was developed using estimates from the TSCA § § 402/ 404 Training, Certification, Accreditation, and Standards for Lead Based Paint Activities Information Collection Request Supporting Statement.

Recordkeeping The firm burden estimates described above include the burden associated with filing a one page record of the notification form sent to the administering agency. An estimate of the amount of time needed to file a record was adopted from Economic Analysis of the Final TSCA Section 402 ( a) ( 3) Lead Based Paint Accreditation and Certification Fee Rule.

Annual Burden Hours As presented below in Exhibit 6.2., this amendment estimates the notification burden for all firms in the calender year 2002 to be hours. The notification burden for all firms is estimated to remain at this level during calender years 2003 and 2004.

Exhibit 6.2. Firms: Notification Burden Estimates Category Events per Firm Reporting Hours/ Event Recordkeeping Hours/ Event Hours per Firm Notification Pre notification 14.09 0.22 0.01 3.23 Page 13 of 24 Re notification 1.27 0.22 0.01 0.29 Annual Total 15.36 0.22 0.01 3.52 Firms per Year State Administered EPA Administered 2002 2003 2004 2002 2003 2004 2,902 2,902 2,902 833 833 833 Total Burden Hours per Calender Year 2002 2003 2004 13,153 13,153 13,153 Note( s): numbers may not calculate due to rounding Source( s): Economic Analysis of the Final TSCA Section 402 ( a) ( 3) Lead Based Paint Accreditation and Certification Fee Rule; TSCA Title IV Sections 402( a) and 404: Target Housing and Child Occupied Facilities Final Rule Regulatory Impact Analysis; Personal Communications with Firms; and EPA data collection.

State Burden Notifications submitted by training providers and abatement firms will be used by states with authorized programs in support of compliance monitoring and enforcement activities, and to prioritize inspections. The administrative management of information collected under this proposed rule is detailed in section 4 of this document. The following sections discuss how the recordkeeping burden estimates were developed. Exhibit 6.3. presents the estimation of state burden for the proposed notification rule.

Recordkeeping The number of notification events per entity are the sum of pre course, post course, and re notifications submitted by training providers, and the sum of pre abatement and re notifications submitted by firms. The sources of this information are discussed in detail in the respective training provider and firm sections of this analysis. The state recordkeeping burden per notification event is estimated at 0.11 hours for training providers and 0.09 hours for abatement firms. Both estimates were obtained by contacting two state agencies, which currently operate similar lead based paint training programs, and maintain lead based paint activity notification records in both electronic and hardcopy forms. The number of entities administered by state programs was adopted from the TSCA § § 402/ 404 Training, Certification, Accreditation, and Standards for Lead Based Paint Activities Information Collection Request Supporting Statement.

Annual Burden As presented below in Exhibit 6.3., this amendment estimates the notification recordkeeping burden for all states in the calender year 2002 to be hours. The notification recordkeeping burden for all states is estimated to drop slightly to hours during calender year 2003, due to a drop in training provider notifications, and remain at this level during calender year 2004.

Exhibit 6.3. State: Notification Burden Estimates Category Notifications per Entity Clerical Hours/ Notification Page 14 of 24 4 EPA used 2000 wage rates, inflated to 2002 dollars. The wage rates will be updated when this burden is incorporated into the base ICR, which is scheduled to be renewed in 2004, and which will begin that process at the end of 2003. 2002 2003 2004 Firms 15.36 15.36 15.36 0.09 Training Providers 18.32 4.14 4.14 0.11 Entities per Year 2002 2003 2004 Firms 2,902 2,902 2,902 Training Providers 126 126 126 Burden Hours per Year 2002 2003 2004 Firms 4,086 4,086 4,086 Training Providers 250 57 57 Total Burden 4,336 4,142 4,142 Note( s): numbers may not calculate due to rounding Source( s): Economic Analysis of the Final TSCA Section 402 ( a) ( 3) Lead Based Paint Accreditation and Certification Fee Rule; TSCA Title IV Sections 402( a) and 404: Target Housing and Child Occupied Facilities Final Rule Regulatory Impact Analysis.

6( b) Estimating Respondent Costs Introduction The cost estimates addressed in this section are based on the burden estimates discussed in section 6( a). Wage rates for each category of non government personnel are based on wage rate information from the Bureau of Labor Statistics ( BLS), while wage rates for each category of government personnel were taken from the Office of Personnel Management.

All wage rates are reported in 2002 US dollars. The sum of this amendment and the previous ICR may be found in Section 6( c) of this document. The following fringe and overhead factors from the fees rule and the Comprehensive Assessment Information Rule ( CAIR) were applied:

 Government Employees: 1.6 ( fees rule)  Clerical Non government: 1.66 ( CAIR).

The following table presents the wage rates used in this analysis including fringe and overhead ( 2002 US dollars) 4:

Clerical B non government ( BLS Administrative Support, including Clerical)

Page 15 of 24

Inflated from 2000 US dollars to 2002 US dollars using the GDP inflator.

Training Providers Based on occupational descriptions accompanying the BLS data, the BLS occupational wage rate for Administrative Support, including Clerical was chosen to calculate the clerical labor costs. The wage rate was updated using the GDP inflator and multiplied by the overhead and fringe factor of 1.66 for clerical staff. The final loaded wage rate is for clerical staff. Additionally, training provider costs include a $ 0.08 postage stamp for mailing the notification and $ 0.05 for a one page copy of the notification for the firm's records. The postage and copy costs were adjusted for EPA's rule amendment that now allows faxed and e mailed notifications to serve as sufficient forms of notification to EPA. The analysis assumes that 50% of training providers will notify via fax ( and so would not need to mail or copy), 25% would utilize the CDX electronic notification, and 25% would notify by mail.

Annual Costs As presented below in Exhibit 6.4., based on the burden estimates provided in section 6( a) and the wage rates discussed above, this amendment estimates the notification costs for all training providers in the calender year 2002 at , due to the initial surge of course offerings having passed, and remains at this level in calender year 2004. Page 16 of 24 Exhibit 6.4. Training Providers: Notification Cost Estimates Category Events per Training Provider Reporting Cost/ Event Recordkeeping Cost/ Event Materials Cost/ Event Total Cost/ Event 2002 2003 2004 Notification Pre notification 8.72 1.97 1.97 $ 3.18 $ 0.18 $ 0.13 $ 3.49 Re notification 0.87 0.20 0.20 $ 3.18 $ 0.18 $ 0.13 $ 3.49 Post notification 8.72 1.97 1.97 $ 32.88 $ 0.18 $ 0.13 $ 33.18 Cost per Training Provider 2002 2003 2004 $ 322.88 $ 73.06 $ 73.06 Training Providers per Year State Administered EPA Administered 2002 2003 2004 2002 2003 2004 126 126 126 39 39 39 Total Cost per Year 2002 2003 2004 $ 53,275 $ 12,055 $ 12,055 Note( s): numbers may not calculate due to rounding Source( s): Economic Analysis of the Final TSCA Section 402 ( a) ( 3) Lead Based Paint Accreditation and Certification Fee Rule; TSCA Title IV Sections 402( a) and 404: Target Housing and Child Occupied Facilities Final Rule Regulatory Impact Analysis; Personal Communications with Training Providers; and EPA data collection.

Firms Performing Lead based Paint Activities Costs Based on occupational descriptions accompanying the BLS data, the BLS occupational wage rate for Administrative Support, including Clerical was chosen to calculate the clerical labor costs. The wage rate was updated using the GDP inflator and multiplied by the overhead and fringe factor of 1.66 for clerical staff. The final loaded wage rate is for clerical staff. Additionally, training provider costs include a $ 0.08 postage stamp for mailing the notification and $ 0.05 for a one page copy of the notification for the firm's records. The postage and copy costs were adjusted for EPA's rule modification that now allows faxed and emailed notifications to serve as sufficient forms of notification to EPA. The analysis assumes that 50% of firms will notify via fax ( and so would not need to mail or copy), 25% would utilize the CDX electronic notification, and 25% would notify by mail.

Annual Costs As presented below in Exhibit 6.5., based on the burden estimates provided in section 6( a) and the wage rates discussed above, this amendment estimates the costs associated with notification for all firms in the calender year 2002 at The notification cost for all firms is estimated to remain at this level during calender years 2003 and 2004. Page 17 of 24 Exhibit 6.5. Firms: Notification Cost Estimates Cost Element Events per Firm Reporting Cost/ Event Recordkeeping Cost/ Event Materials Cost/ Event Cost per Firm Notification Pre notification 14.09 $ 4.73 $ 0.18 $ 0.13 $ 70.95 Re notification 1.27 $ 4.73 $ 0.18 $ 0.13 $ 6.39 Annual Total 15.36 $ 4.73 $ 0.18 $ 0.13 $ 77.33 Firms per Year State Administered EPA Administered 2002 2003 2004 2002 2003 2004 2,902 2,902 2,902 833 833 833 Total Cost per Calender Year 2002 2003 2004 $ 288,830 $ 288,830 $ 288,830 Note( s): numbers may not calculate due to rounding Source( s): Economic Analysis of the Final TSCA Section 402 ( a) ( 3) Lead Based Paint Accreditation and Certification Fee Rule; TSCA Title IV Sections 402( a) and 404: Target Housing and Child Occupied Facilities Final Rule Regulatory Impact Analysis; Personal Communications with Firms; and EPA data collection.

State Costs The notification costs are based on the burden estimated in Section 6( a) and the following wage rate information. The wage rate used to calculate the state costs for the relevant GS level personnel was taken from the Office of Personnel Management. The final loaded wage rate is for clerical staff.

Annual Costs As presented below in Exhibit 6.6., this amendment estimates the notification cost for all states combined in the calender year 2002 to be . The notification cost for all states is estimated to drop slightly to during calender year 2003, due to a drop in training provider notifications, and remain at this level during calender year 2004.

Exhibit 6.6. State: Notification Cost Estimates for All States Combined Category Notifications per Firm Clerical Cost/ Notification 2002 2003 2004 Firms 15.36 15.36 15.36 $ 1.78 Training Providers 18.32 4.14 4.14 $ 2.10 Entities per Year 2002 2003 2004 Firms 2,902 2,902 2,902 Training Providers 126 126 126 Cost per Year Page 18 of 24 2002 2003 2004 Firms $ 79,357 $ 79,357 $ 79,357 Training Providers $ 4,856 $ 1,099 $ 1,099 Total Burden $ 84,213 $ 80,456 $ 80,456 Note( s): numbers may not calculate due to rounding Source( s): Economic Analysis of the Final TSCA Section 402 ( a) ( 3) Lead Based Paint Accreditation and Certification Fee Rule; TSCA Title IV Sections 402( a) and 404: Target Housing and Child Occupied Facilities Final Rule Regulatory Impact Analysis.

6( c) Estimating Agency Burden and Cost Agency Burden Under the proposed rule, notifications submitted by training providers and abatement firms would be used by EPA regions in support of compliance monitoring and enforcement activities, and to prioritize inspections. The administrative management of information collected under this regulation is detailed in section 4 of this document. The following sections discuss how the recordkeeping burden estimates were developed. Exhibit 6.7. presents the estimation of state burden for the final notification rule.

Recordkeeping The number of notification events per entity are the sum of pre course, post course, and re notifications submitted by training providers, and the sum of pre abatement and re notifications submitted by firms. The sources of this information are discussed in detail in the respective training provider and firm sections of this analysis. The EPA recordkeeping burden per notification event is estimated at 0.11 hours for training providers and 0.09 hours for abatement firms. Both estimates were obtained by contacting two state agencies, which currently operate similar lead based paint training programs, and maintain lead based paint activity notification records in both electronic and hardcopy forms. The number of entities administered by states with EPA administered programs was taken from actual data collected by EPA through March 20, 2002.

Annual Burden As presented below in Exhibit 6.7., this amendment estimates the notification recordkeeping burden for EPA in the calender year 2002 to be hours during calender year 2003, due to a drop in training provider notifications, and remain at this level during calender year 2004.

Exhibit 6.7. EPA: Notification Burden Estimates Category Notifications per Entity Clerical Hours/ 2002 2003 2004 Notification Firms 15.36 15.36 15.36 0.09 Training Providers 18.32 4.14 4.14 0.11 Page 19 of 24 Entities per Year 2002 2003 2004 Firms 833 833 833 Training Providers 39 39 39 Burden Hours per Year 2002 2003 2004 Firms 1,173 1,173 1,173 Training Providers 77 18 18 Total Burden 1,250 1,190 1,190 Note( s): numbers may not calculate due to rounding Source( s): Economic Analysis of the Final TSCA Section 402 ( a) ( 3) Lead Based Paint Accreditation and Certification Fee Rule; TSCA Title IV Sections 402( a) and 404: Target Housing and Child Occupied Facilities Final Rule Regulatory Impact Analysis; and EPA data collection.

Agency Cost The notification costs are based on the burden estimated in Section 6( a) and the following wage rate information. The wage rate used to calculate the EPA costs for the relevant GS level personnel was taken from the Office of Personnel Management. The final loaded wage rate is for clerical staff.

Annual Cost As presented below in Exhibit 6.8., this amendment estimates the notification cost for EPA in the calender year 2002 to be der year 2003, due to a drop in training provider notifications, and remain at this level during calender year 2004.

Exhibit 6.8. EPA: Notification Cost Estimates Category Notifications per Firm Clerical Cost/ Notification 2002 2003 2004 Firms 15.36 15.36 15.36 $ 1.99 Training Providers 18.32 4.14 4.14 $ 2.35 Entities per Year 2002 2003 2004 Firms 833 833 833 Training Providers 39 39 39 Cost per Year 2002 2003 2004 Firms $ 25,406 $ 25,406 $ 25,406 Training Providers $ 1,676 $ 379 $ 379 Total Annual Burden $ 27,082 $ 25,785 $ 25,785 Note( s): numbers may not calculate due to rounding Source( s): Economic Analysis of the Final TSCA Section 402 ( a) ( 3) Lead Based Paint Accreditation and Certification Fee Rule; TSCA Title IV Sections 402( a) and 404: Target Housing and Child Occupied Facilities Final Rule Regulatory Impact Analysis; and EPA data collection. Page 20 of 24 6( d) Bottom Line Burden Hours and Cost ( I) Respondent Burden/ Cost 2002 2003 2004 Burden Hours Costs Burden Hours Costs Burden Hours Costs Notification Amendment Training Providers 2,471 $ 53,275 559 $ 12,055 559 $ 12,055 Firms 13,153 $ 288,830 13,153 $ 288,830 13,153 $ 288,830 States 4,336 $ 84,213 4,142 $ 80,456 4,142 $ 80,456 Notification Amendment Total 19,960 $ 426,319 17,854 $ 381,341 17,854 $ 381,341 Previously Estimated 4 Training Providers 1,620 $ 49,290 218 $ 5,639 218 $ 5,639 Firms 308,106 $ 11,667,375 282,867 $ 10,839,548 282,867 $ 10,839,548 Individuals 14,188 $ 468,366 3,053 $ 98,494 3,053 $ 98,494 States 99,734 $ 3,262,687 19,025 $ 612,956 19,025 $ 612,956 Previously Estimated Total 423,648 $ 15,447,718 305,164 $ 11,556,637 305,164 $ 11,556,637 Amended Respondent Total Training Providers 4,091 $ 102,565 777 $ 17,694 777 $ 17,694 Firms 321,260 $ 11,956,205 296,020 $ 11,128,378 296,020 $ 11,128,378 Individuals 15,180 $ 430,661 3,234 $ 90,548 3,234 $ 90,548 States 104,070 $ 3,346,900 23,167 $ 693,412 23,167 $ 693,412 New Total ( Previously estimated + amendment) 444,600 $ 15,836,331 323,199 $ 11,930,032 323,199 $ 11,930,032 4 TSCA § § 402/ 404 Training, Certification, Accreditation, and Standards for Lead Based Paint Activities Information Collection Request Supporting Statement, Section 6( d), Table ( I). Page 21 of 24 ( II) Agency Burden/ Cost 2002 2003 2004 Burden Hours Costs Burden Hours Costs Burden Hours Costs Notification Amendment Regions 1,250 $ 27,082 1,190 $ 25,785 1,190 $ 25,785 Previously Estimated 5 Regions 32,270 $ 1,052,014 6,593 $ 211,809 6,593 $ 211,809 Headquarters 728 $ 26,183 728 $ 26,183 728 $ 26,183 Amended Agency Total Regions 33,520 $ 1,079,096 7,783 $ 237,594 7,783 $ 237,594 Headquarters 728 $ 26,183 728 $ 26,183 728 $ 26,183 New Total ( Previously estimated + amendment) 34,248 $ 1,105,279 8,511 $ 263,777 8,511 $ 258,737 5 TSCA § § 402/ 404 Training, Certification, Accreditation, and Standards for Lead Based Paint Activities Information Collection Request Supporting Statement, Section 6( d), Table ( II).

6( e) Reasons for Change in Burden EPA is amending the rule to include notification requirements for lead abatement firms and training providers. The burden related to these amendments serve as a program change to the burden currently approved by OMB under the existing ICR. The following is a quick summary of the changes in burden related to the final notification rule:

The respondent burden for the collection of notification information in the first effective year is estimated to be 2,471 hours for the estimated 165 training providers, 13,153 hours for the estimated 3,735 firms performing lead based paint activities, and 4,336 hours for the states.

The respondent burden for the collection of this notification information in the second effective year is estimated to be 559 hours for the estimated 165 training providers, 13,153 hours for the estimated 3,735 firms performing lead based paint activities, and 4,142 hours for the states.

6( f) Burden Statement The estimates in this addendum are in addition to the previously estimated totals in the TSCA § § 402/ 404 Training, Certification, Accreditation, and Standards for Lead Based Paint Activities Information Collection Request Supporting Statement which is approved under OMB Control No. 2070 0155 ( identified as EPA ICR No. 1715.02). As such, the amended burden statement for the ICR is as follows:

The annual public burden for the collection of information approved under OMB Control No. 2070 0155, is estimated to be as follows:

° For the first effective year with the notification amendments, it is estimated to 4,091 hours Page 22 of 24 for the estimated 165 training providers, 321,260 hours for the estimated 3,735 firms performing lead based paint activities, 15,180 hours for the 14,188 individual lead personnel, and 104,070 hours for the states.

° For the second effective year with the notification amendments, it is estimated to be 777 hours for the estimated 165 training providers, 296,020 hours for the estimated 3,735 firms performing lead based paint activities, 3,234 hours for the 14,188 individual lead personnel, and 23,167 hours for the states.

According to the Paperwork Reduction Act, " 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. For this collection it includes the time needed to review the rule and applicable instructions or guidance; the initial certification/ accreditation, and all reporting and recordkeeping requirements.

An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information subject to the PRA unless the Agency displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in the Federal Register, are listed in 40 CFR part 9 and included on the related collection instrument or form, if applicable.

Although comments are not currently being sought on this addendum ICR, the public is always welcomed 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. Since EPA will be seeking comments shortly on the renewal of the existing ICR, which will be revised to reflect this addendum, EPA asks that you first review that revised ICR and then submit any comments you have in accordance with the instructions provided in that revised ICR. If you would like to be notified when the renewal is issued for public comment, please e mail your request to the technical information contact for the final lead notification rule, Mike Wilson, National Program Chemicals Division ( 7404T), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., N. W., Washington, DC 20460; telephone number: ( 202) 566 0521; e mail address: wilson. mike@ epa. gov.

EPA has established a public docket for the accompanying final rule, which includes a copy of this ICR addendum, under Docket ID No. OPPT 2003 0061, which is available for public viewing at the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566 1744, and the telephone number for the Pollution Prevention and Toxics Docket is ( 202) 566 0280. An electronic version of the public docket is available through EDOCKET at http:// www. epa. gov/ edocket. Use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Once in the system, select " search," then key in the docket ID number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office for EPA. Please include the OMB Control number 2070 0155 in any correspondence to OMB. Page 23 of 24 ATTACHMENTS:

[ NOTE: Unless otherwise noted, an electronic copy of the attachment is available only as a PDF file. You can still easily access the electronic PDF file in the electronic version of the public docket available through EDOCKET at http:// www. epa. gov/ edocket. Once in the system, select " quick search," then indicate that you'd like to search by Docket and key in the following docket ID number: OPPT 2003 0061. Search the docket index for the document by the title provided below.]

Attachment Document A Final Rule Related to this Addendum  " Lead; Notification Requirements for Lead Based Paint Abatement Activities and Training; Final Rule"

B The Regulation Before Amendment: 40 CFR 745 [ The electronic copy for this attachment is available through the eCFR cite at http:// www. access. gpo. gov/ ecfr/. You may also access these regulations and other related information through EPA's Lead Program website at http:// www. epa. gov/ opptintr/ lead/ index. html.]

C Sample Notification Forms/ Formats 1) Notification 2) Training Notification 3) Post Training Notification D Paperwork Reduction Act Notice [ The electronic copy for this attachment is available as part of the electronic copy of the ICR's Supporting Statement.]

E Response to Comment Page 24 of 24 Attachment D Paperwork Reduction Act Notice Under 5 CFR 1320.8( c)( 1), the Agency is required to provide reasonable notice to potential respondents that informs them about the information collection activity and OMB's approval. As such, pursuant to 5 CFR 1320.8( c)( 1)( i), the following statement will be included with each form, either on the form, as part of the instructions, or in the cover letter or memorandum accompanying the form, and, pursuant to 5 CFR 1320.8( c)( 1)( ii), the following statement will be included as a pop up message that the respondent will encounter before they access the associated form( s) online or be printed to accompany the paper version of the form:

Paperwork Reduction Act Notice: The annual public burden for this collection of information, which is approved under OMB Control No. 2070 0155, is estimated to be ## hours [ the entry for each form will be inserted and fit within the total burden] per response. This represents the average burden for completing this form, including 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; 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 subject to approval under the PRA unless it displays a currently valid OMB control number.

Once the notification forms are approved by OMB, the OMB Control number assigned to this ICR will also be included in the upper right corner of the form, i. e., " Approved under OMB Control No. 2070 0155; OMB Approval expires [ insert ICR expiration date]."


[Federal Register Volume 83, Number 164 (Thursday, August 23, 2018)]
[Proposed Rules]
[Pages 42624-42627]
[FR Doc No: 2018-18276]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2018-0490; FRL-9982-74--Region 3]

Air Plan Approval; Maryland; Continuous Opacity Monitoring
Requirements for Municipal Waste Combustors and Cement Plants

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state implementation plan (SIP) revision submitted by the
State of Maryland (SIP Revision 16-04). This revision pertains to
clarifying continuous opacity monitoring requirements and visible
emission standards for municipal waste combustors (MWCs) and Portland
cement plants. This action is being taken under the Clean Air Act
(CAA).

DATES: Written comments must be received on or before September 24,
2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2018-0490 at http://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,

comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Maria A. Pino,<PHONE_NUMBER>, or by
email at [email protected].

SUPPLEMENTARY INFORMATION: On May 10, 2016, the Maryland Department of
the Environment (MDE) submitted a revision to its SIP to clarify
visible emissions (VE) and continuous opacity monitor (COM)
requirements for MWCs and Portland cement plants. On February 28, 2018,
MDE submitted to EPA a clarification letter from MDE Secretary Ben
Grumbles to EPA Regional Administrator Cosmo Servidio, withdrawing
definitions for continuous burning and operating time, COMAR
<IP_ADDRESS>B(8-1) and (27-1), respectively. EPA acknowledged the
withdrawal in a letter dated June 20, 2018 from EPA Region 3 Air
Protection Division Director, Cristina Fernandez to MDE Secretary Ben
Grumbles. That portion of the submittal is longer pending before EPA.

I. Background

    The revision consists of amendments to Regulation .10 under COMAR
26.11.01, General and Administrative Provisions, and Regulation .04
under COMAR 26.11.08, Control of Incinerators. These amendments clarify
requirements for MWCs and Portland cement plants that demonstrate
compliance with VE standards through use of continuous opacity monitors
(COMs). Following the initial revision, MDE withdrew the definitions
for continuous burning and operating time, COMAR <IP_ADDRESS>B(8-1) and
(27-1) respectively, as amendments to Regulation .10 under COMAR
26.11.01, from EPA's consideration for inclusion into Maryland's SIP.
MDE is in the process of repealing these definitions under a separate
rulemaking. This will ensure consistency between MDE's state
regulations and Maryland's federally enforceable SIP.

II. Summary of SIP Revision and EPA Analysis

A. Amendments to COMAR <IP_ADDRESS>, Continuous Opacity Monitoring
Requirements

    1. Under COMAR <IP_ADDRESS>A, Applicability and Exceptions, MDE had
added a new section, numbered 6 (COMAR <IP_ADDRESS>A(6)). This new
section 6 requires sources that cannot comply with VE limits to request
approval of alternate VE limits following the recommendations at 80 FR
33980. Alternative limits must be approved by MDE and then submitted to
EPA for approval into the Maryland SIP. This amendment to the Maryland
SIP is acceptable to EPA, as it complies with EPA's requirements for
alternative limits at 80 FR 33980 and requires EPA's approval of any
alternate VE limits into the Maryland SIP.
    2. Under COMAR <IP_ADDRESS>B, General Requirements for COMs, section
3 (COMAR <IP_ADDRESS>B(3)) is amended to clarify that a COM must comply
with the applicable requirements in 40 CFR part 51, appendix P in its
entirety. The previous SIP-approved section 3 specified that the only
requirements in 40 CFR part 51, appendix P that applied were sections
3.3-3.9. This amendment is acceptable to EPA, as 40 CFR part 51,
appendix P, Minimum Emission Monitoring Requirements, sets out the
minimum requirements for continuous emission monitoring and recording.
    3. Under COMAR <IP_ADDRESS>B, General Requirements for COMs, MDE
added a new section 5 to clarify COM requirements for the owners and
operators of cement kilns and clinker coolers that are operating a
COMs.
     New subsection 5a (COMAR <IP_ADDRESS>B(5)(a)) states that
owners and operators of cement kilns or clinker coolers may not cause
or permit the discharge of emissions which exceed the visibility
standards in COMAR <IP_ADDRESS>B, Visible Emission Standards, which is
already approved into the Maryland SIP. This new subsection is simply
clarifying existing, SIP-approved requirements. Therefore, this
amendment is approvable.
     New subsection 5b (COMAR <IP_ADDRESS>B(5)(b)) states that
visibility standards in COMAR <IP_ADDRESS>B(1) and (2) do not apply to
emissions as specified in COMAR <IP_ADDRESS>A(2) during EPA reference
Method 9 observations. COMAR <IP_ADDRESS>A(2) is already approved into
the Maryland SIP. This new subsection is clarifying existing, SIP-
approved requirements. Therefore, this amendment is approvable.
     The new subsection 5c (COMAR <IP_ADDRESS>B(5)(c)) clarifies
a requirement in COMAR <IP_ADDRESS>B(2), which prohibits VE ``visible to
human observers.'' New subsection 5c specifies that, when a cement kiln
or clinker cooler is using a COM, VE ``visible to a human observer''
are equal to or greater than 10 percent opacity. This interpretation of
``not visible to human observers'' was previously SIP-approved in
Maryland's ``Technical Memorandum 90-01 Continuous Emission Monitoring
(CEM) Policies and Procedures'' (TM 90-01), which established
Maryland's policy for state enforcement of Maryland's CEM requirements
found in COMAR <IP_ADDRESS> and <IP_ADDRESS>. As stated on page four of
TM 90-01, ``The Department has determined that a human observer will
report an opacity of between zero and 10 percent as no visible
emissions.'' TM 90-01 is available for reference in the docket for this
rulemaking, Docket ID No. EPA-R03-OAR-2018-0490, at http://www.regulations.gov. EPA approved TM 90-01 into the Maryland's SIP on
February 28, 1996. See 61 FR 7418. However, over the course of several
years, MDE decided to directly incorporate certain requirements
contained in TM 90-01 into the text of Maryland's regulations instead
of merely referring to TM 90-01 in the regulatory text and discontinued
the use of TM 90-01. In a series of rulemakings, MDE incorporated
provisions from TM 90-01 into Maryland's COMAR regulations and removed
references to TM 90-01 from the SIP. An earlier SIP revision,
Maryland's SIP Revision #15-05, submitted on November 24, 2015 and
clarified and amended on February 26, 2016, included, among other
amendments, revisions to COMAR <IP_ADDRESS> that removed references to
TM 90-01. EPA approved Maryland's SIP Revision #15-05 on November 7,
2016 (81 FR 78048). Maryland's SIP Revision #16-04, the subject of this
rulemaking, moved the interpretation of ``not visible to a human
observer'' from TM 90-01 into COMAR <IP_ADDRESS>B(5)(c) and
<IP_ADDRESS>B(6)(b). SIP Revision #16-05, which Maryland also submitted
on May 10, 2016, removed references to TM 90-01 for MWCs in COMAR
<IP_ADDRESS>.

On May 31, 2018 (83 FR 24940), EPA approved Maryland SIP Revision #16-
05. Because new subsection 5c is merely moving SIP-approved provisions
from discontinued TM 90-01 into Maryland's COMAR regulations, this
amendment is approvable.
     The new subsection 5d (COMAR <IP_ADDRESS>B(5)(d)) clarifies
that for owners or operators of cement kilns or clinker coolers
operating COMs, compliance with VE standards is achieved if visible
emissions do not exceed the applicable VE limitations in
<IP_ADDRESS>B(1) or (2), as applicable. This new subsection is
clarifying existing, SIP-approved requirements. Therefore, this
amendment is approvable.
     The new subsection 5e (COMAR <IP_ADDRESS>B(5)(e)) states
that MDE may determine compliance with VE limits by performing EPA
Method 9 observations, notwithstanding the requirements of
<IP_ADDRESS>B(5)(a)-(d). Method 9 is an approved EPA test method for VE
compliance. Therefore, this amendment is approvable.
     New subsection 5f (COMAR <IP_ADDRESS>B(5)(f)) requires
owners and operators of cement kilns or clinker coolers operating COMs
to meet the quality assurance requirements under COMAR 26.11.31,
Quality Assurance Requirements for Continuous Opacity Monitors (COMs).
COMAR 26.11.31 is approved into the Maryland SIP. See 81 FR 78048. This
new subsection is clarifying existing, SIP-approved requirements.
Therefore, this amendment is approvable.
    4. Under COMAR <IP_ADDRESS>B, General Requirements for COMs, MDE
added a new section 6 to clarify COM requirements for the owners and
operators of MWCs that are required to install and operate a COMs.
     New subsection 6a (COMAR <IP_ADDRESS>B(6)(a)) states that
owners and operators of MWCs may not cause or permit the discharge of
emissions which exceed the visibility standards in COMAR <IP_ADDRESS> as
determined by EPA Method 9 observations. COMAR <IP_ADDRESS>, Control of
Incinerators, Visible Emissions, is approved into the Maryland SIP and,
as previously stated, Method 9 is an EPA approved method for
determining compliance with VE standards. COMAR <IP_ADDRESS> defines
incinerators to include those burning municipal waste, i.e., MWCs. This
amendment is clarifying the standards for MWCs. Therefore, this
amendment is approvable.
     COMAR <IP_ADDRESS>A(2) prohibits discharge of emissions
from any hazardous waste incinerator that are ``visible to human
observers.'' New subsection 6b (COMAR <IP_ADDRESS>B(6)(b)) clarifies
that, when using a COM, VE ``visible to [a] human observer[s]'' are
equal to or greater than 10 percent opacity for the purpose of
determining compliance with COMAR <IP_ADDRESS>. COMAR <IP_ADDRESS> is
already SIP-approved. As stated previously in this notice (in EPA's
discussion of COMAR 26.11.0110B(5)(c)), this interpretation of ``not
visible to human observers'' was previously SIP-approved on page four
of TM 90-01. Because new subsection 6b is merely moving SIP-approved
provisions from discontinued TM 90-01 into Maryland's COMAR
regulations, this amendment is approvable.
     New subsection 6c (COMAR <IP_ADDRESS>B(6)(c)) clarifies
that for owners and operators of MWCs required to install and operate a
COM, compliance with VE standards is achieved if VE do not exceed 10
percent opacity for a 6-minute block average during the unit's
operating time. This 10 percent VE limit with a 6-minute average is
consistent with the previously SIP-approved interpretation of ``not
visible to human observers'' in TM 90-01 and the VE limits in EPA's
NSPS for MWCs at 40 CFR 60.52a(b) and 60.52b(a)(2). Therefore, this
amendment is approvable.
     New subsection 6d (COMAR <IP_ADDRESS>B(6)(d)) states that,
notwithstanding the requirements in section B(6)(a)-(c), MDE may
determine compliance with VE limits by performing EPA Method 9
observations. EPA reference Method 9--Visual Determination of the
Opacity of Emissions from Stationary Sources Observations, found in
appendix A-4 to 40 CFR part 60, is an approved EPA test method for VE
compliance. Therefore, this amendment is approvable.
     New subsection 6e (COMAR <IP_ADDRESS>B(6)(e)) requires
owners and operators of MWCs operating COMs to meet the quality
assurance requirements under COMAR 26.11.31, Quality Assurance
Requirements for Continuous Opacity Monitors (COMs). COMAR 26.11.31 is
approved into the Maryland SIP. This new subsection is clarifying
existing, SIP-approved requirements. Therefore, this amendment is
approvable.
    5. MDE has repealed COMAR <IP_ADDRESS>F and is requesting its
removal from the SIP. COMAR <IP_ADDRESS>F required fuel burning
equipment subject to the COM requirements in COMAR <IP_ADDRESS> and
cement kilns subject to the COM requirements in COMAR 26.11.30 to meet
the COM requirements contained in COMAR 26.11.31. COMAR <IP_ADDRESS>,
Visible Emissions, COMAR 26.11.30, Control of Portland Cement
Manufacturing Plants, and COMAR 26.11.31, Quality Assurance
Requirements for Continuous Opacity Monitors (COMs), are approved in
the Maryland SIP. COMAR 26.11.31 is applicable to all source owners
using COMs, as specified in COMAR <IP_ADDRESS>. Thus, COMAR <IP_ADDRESS>F
is a redundant requirement. Therefore, removal from the SIP is
approvable.

B. Amendments to COMAR 26.11.08, Control of Incinerators

    MDE added a new section D to Regulation .04, Visible Emissions,
under COMAR 26.11.08 (COMAR <IP_ADDRESS>D). This new section D clarifies
that owners of MWCs required to install and operate COMs are subject to
the requirements in COMAR <IP_ADDRESS>, Continuous Opacity Monitoring
Requirements. As discussed previously, the new provisions in COMAR
<IP_ADDRESS>B(6) clarify COM requirements for the owners and operators
of MWCs. This amendment clarifies existing, SIP-approved requirements
by directing owners and operators of MWCs to COMAR <IP_ADDRESS> where
the applicable COMs requirements are set out. Therefore, this amendment
is approvable.

III. Proposed Action

    EPA's review of this material indicates that Maryland's amendments
to Regulation .10 under COMAR 26.11.01, General and Administrative
Provisions, and Regulation .04 under COMAR 26.11.08, Control of
Incinerators, in Maryland's SIP Revision 16-04, related to COMs and VE
requirements for cement plants and MWCs, clarify requirements in the
existing Maryland SIP and are approvable. Therefore, EPA is proposing
to approve Maryland's SIP Revision 16-04, which MDE submitted to EPA on
May 10, 2016, except for the definitions of continuous burning and
operating time that MDE withdrew from SIP Revision 16-04 on February
28, 2018. EPA is soliciting public comments on the issues discussed in
this document. These comments will be considered before taking final
action.

IV. Incorporation by Reference

    In this proposed rule, EPA is proposing to include in a final EPA
rule regulatory text that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, EPA is proposing to
incorporate by reference MDE's amendments to Regulation .10 under COMAR
26.11.01,

General and Administrative Provisions, and Regulation .04 under COMAR
26.11.08, Control of Incinerators contained in SIP Revision 16-04. As
described previously, the amendments to COMAR <IP_ADDRESS>, Continuous
Opacity Monitoring Requirements, are as follows: (1) Add a new section
6 to COMAR <IP_ADDRESS>A, Applicability and Exceptions; (2) amend
section 3 under COMAR <IP_ADDRESS>B, General Requirements for COMs; (3)
add new sections 5 and 6 under COMAR <IP_ADDRESS>B; and (4) remove COMAR
<IP_ADDRESS>F, which has been repealed by the State. The amendment to
COMAR 26.11.08, Control of Incinerators, consists of an addition of a
new section D to Regulation .04, Visible Emissions. EPA has made, and
will continue to make, these materials generally available through
http://www.regulations.gov and at the EPA Region III Office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rule, proposing to approve Maryland SIP
Revision 16-04, COMs requirements for MWCs and Cement Plants, does not
have tribal implications as specified by Executive Order 13175 (65 FR
67249, November 9, 2000), because the SIP is not approved to apply in
Indian country located in the state, and EPA notes that it will not
impose substantial direct costs on tribal governments or preempt tribal
law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.

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

    Dated: August 9, 2018.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
[FR Doc. 2018-18276 Filed 8-22-18; 8:45 am]
BILLING CODE 6560-50-P


Responses to Comments on EPA's Final Withdrawal of Certain Federal Aquatic Life Water Quality Criteria Applicable to Wisconsin

Comments received on March 16, 2011 from Julian Adler, organization unknown.
Comment:
   While the differences between Wisconsin allowance of concentration of chronic and acute copper and nickel, and chronic endrin and selenium are slight and in some cases Wisconsin's proposed equations for concentration of metals in water is stricter than that of the EPA, it should be noted that the formula for the concentration for Chronic Nickel Criteria for cold water, warm water sportfish, warm water forage fish, and limited forage fish is more lax than that set out by the EPA. While this is merely a note and not a demand for action, the EPA would do well to remember that giving any amount of autonomy to a State in terms of environmental protocol opens the gate for more autonomy. In the future it might be best if all rules adopted by States were as strict as or stricter than the national rules.

EPA Response:
   After promulgating the 1995 Water Quality Guidance for the Great lakes System (the Guidance), Great Lakes States, including Wisconsin, were required to adopt criteria consistent with those published in the Guidance within two years (CWA Section 118(c)(2), 33 U.S.C. 1268). States have the authority to adopt water quality standards that are more or less stringent than the Guidance criteria based on site-specific circumstances as specified in Procedure 1 of Appendix F of 40 CFR Part 132. As further described in this section and in CWA Section 131.11(a), a State's water quality standards must be based on a sound scientific rationale and be protective of the designated use. Per CWA 131.11(b)(1), States and authorized Tribes have the flexibility to adopt water quality standards  based on:

      * EPA's CWA Section 304(a) Guidance, including the 1995 Great Lakes Guidance,
      * Modifications to the CWA Section 304(a) or Guidance criteria to reflect site-specific conditions, or
      * Other scientifically defensible methods.

   In deriving Wisconsin's revised chronic nickel aquatic life criteria equation for Cold Water, Warm Water Sportfish, Warmwater Forage Fish, and Limited Forage Fish uses, the State calculated a slightly different intercept than EPA. While Wisconsin used a different intercept (0.0591 instead of 0.0584), the difference is so slight (only 0.0007) that when plugged into the State's equation, the resulting criterion is virtually identical to EPA's at a given hardness. For example, at a hardness of 200 mg/L as CaCO3, using either the federal or Wisconsin's equation results in a chronic nickel criterion of 88.5 ug/L. EPA approved WI's method for revising the chronic nickel criteria for these uses as acceptable, scientifically defensible, site-specific modifications of EPA's Guidance criteria. Moreover, EPA believes the equation used by Wisconsin to calculate the chronic nickel criteria for these uses, results in criteria that are protective of the designated use, and are therefore consistent with CWA Sections 101(a)(2) and 303(c)(2), and 40 CFR Parts 131 and 132.

Comments received on March 26, 2011 from Tracy Leonard, Student, American Public University System.
Comment:
   Through my business law class this proposal has been brought to my attention. I wanted to take the time to inform you that I am against this proposal. I am against this proposal because I consume the fish in the Great Lakes. More importantly, the blue gill, rainbow trout, and other pan fish in Lake Michigan. I believe this proposal was requested to benefit the companies dumping into my Great Lakes and I hope that the citizens eating these animals will be considered when a ruling is made on this proposal.

EPA Response:
   States adopt different sets of water quality criteria for the protection of aquatic life or human health. The purpose of this rule is to withdraw the federal aquatic life criteria, not human health criteria, for chronic and acute copper and nickel, and chronic endrin and selenium for certain waters in the Great Lakes System in Wisconsin designated for aquatic life use. The removal of the federal aquatic life criteria will allow the State to implement its adopted and EPA-approved aquatic life criteria, and will not impact any human health water quality criteria that are already adopted by the State. Therefore, the level of protection currently provided by the State for fish consumption will not change with this rulemaking.


[Federal Register Volume 80, Number 36 (Tuesday, February 24, 2015)]
[Notices]
[Pages 9706-9708]
[FR Doc No: 2015-03743]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EC15-76-000.
    Applicants: PowerMinn 9090, LLC, Fibrominn LLC, Benson Power, LLC,
CPV Biomass Holdings, LLC.
    Description: Application for Authorization for Disposition of
Jurisdictional Facilities and Request for Expedited Action of PowerMinn
9090, LLC, et. al.
    Filed Date: 2/18/15.
    Accession Number: 20150218-5260.
    Comments Due: 5 p.m. ET 3/11/15.

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG15-50-000.
    Applicants: Prairie Breeze Wind Energy LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Prairie Breeze Wind Energy LLC.
    Filed Date: 2/18/15.
    Accession Number: 20150218-5106.
    Comments Due: 5 p.m. ET 3/11/15.

    Docket Numbers: EG15-51-000.
    Applicants: Prairie Breeze Wind Energy II LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Prairie Breeze Wind Energy II LLC.
    Filed Date: 2/18/15.
    Accession Number: 20150218-5109.
    Comments Due: 5 p.m. ET 3/11/15.

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

    Docket Numbers: ER13-99-004.
    Applicants: Puget Sound Energy, Inc.
    Description: Compliance filing per 35: OATT Order No. 1000
Compliance Filing to be effective N/A.
    Filed Date: 2/18/15.
    Accession Number: 20150218-5203.
    Comments Due: 5 p.m. ET 3/11/15.

    Docket Numbers: ER13-1447-002.
    Applicants: Public Service Company of New Mexico.
    Description: Compliance filing per 35: PNM's Order No. 1000
Interregional Compliance Filing of WestConnect Parties to be effective
N/A.
    Filed Date: 2/18/15.
    Accession Number: 20150218-5130.
    Comments Due: 5 p.m. ET 3/11/15.

    Docket Numbers: ER13-1450-002.
    Applicants: Arizona Public Service Company.
    Description: Compliance filing per 35: Western Interconnection--
Order No. 1000 Interregional Compliance Filing to be effective N/A.
    Filed Date: 2/18/15.
    Accession Number: 20150218-5125.
    Comments Due: 5 p.m. ET 3/11/15.

    Docket Numbers: ER13-1450-002.
    Applicants: Arizona Public Service Company.
    Description: Report Filing: Western Interconnection--Order No. 1000
Interregional Compliance Filing to be effective N/A.
    Filed Date: 2/18/15.
    Accession Number: 20150218-5134.
    Comments Due: 5 p.m. ET 3/11/15.

    Docket Numbers: ER13-1461-002.
    Applicants: Tucson Electric Power Company.
    Description: Compliance filing per 35: Order No. 1000 Interregional
Compliance Filing to be effective N/A.
    Filed Date: 2/18/15.
    Accession Number: 20150218-5179.
    Comments Due: 5 p.m. ET 3/11/15.

    Docket Numbers: ER13-1462-002.
    Applicants: UNS Electric, Inc.
    Description: Compliance filing per 35: Order No. 1000 Interregional
Compliance Filing to be effective N/A.
    Filed Date: 2/18/15.
    Accession Number: 20150218-5180.
    Comments Due: 5 p.m. ET 3/11/15.

    Docket Numbers: ER13-1465-002.
    Applicants: El Paso Electric Company.
    Description: Compliance filing per 35: Compliance Filing with FERC
December 18, 2014 Interregional Order to be effective N/A.
    Filed Date: 2/18/15.
    Accession Number: 20150218-5142.
    Comments Due: 5 p.m. ET 3/11/15.

    Docket Numbers: ER13-1466-002.
    Applicants: NV Energy, Inc.
    Description: Compliance filing per 35: OATT Order 1000
Interregional Compliance December 18, 2014 Order to be effective N/A.
    Filed Date: 2/18/15.
    Accession Number: 20150218-5201.
    Comments Due: 5 p.m. ET 3/11/15.

    Docket Numbers: ER13-1469-002.
    Applicants: Public Service Company of Colorado.
    Description: Compliance filing per 35: 2015-2-18_PSCo_InterRegional
Comp Filing to be effective N/A.
    Filed Date: 2/18/15.
    Accession Number: 20150218-5013.
    Comments Due: 5 p.m. ET 3/11/15.

    Docket Numbers: ER13-1470-002.
    Applicants: California Independent System Operator Corporation.
    Description: Compliance filing per 35: 2015-02-Interregional Second
Compliance to be effective 10/1/2015.

    Filed Date: 2/18/15.
    Accession Number: 20150218-5135.
    Comments Due: 5 p.m. ET 3/11/15.

    Docket Numbers: ER13-1473-002.
    Applicants: PacifiCorp.
    Description: Compliance filing per 35: OATT Order 1000 Second
Interregional Compliance Filing to be effective 10/1/2013.
    Filed Date: 2/18/15.
    Accession Number: 20150218-5182.
    Comments Due: 5 p.m. ET 3/11/15.

    Docket Numbers: ER13-1730-002.
    Applicants: Avista Corporation.
    Description: Compliance filing per 35: Avista Corp OATT Order 1000
Compliance Filing to be effective 1/1/2015.
    Filed Date: 2/18/15.
    Accession Number: 20150218-5096.
    Comments Due: 5 p.m. ET 3/11/15.

    Docket Numbers: ER14-346-003.
    Applicants: MATL LLP.
    Description: Compliance filing per 35: Compliance with ER14-346 to
be effective N/A.
    Filed Date: 2/18/15.
    Accession Number: 20150218-5141.
    Comments Due: 5 p.m. ET 3/11/15.

    Docket Numbers: ER14-2707-003.
    Applicants: Mammoth Plains Wind Project, LLC.
    Description: Supplement to January 13, 2015 Notice of Non-Material
Change in Status of Mammoth Plains Wind Project, LLC.
    Filed Date: 2/13/15.
    Accession Number: 20150213-5160.
    Comments Due: 5 p.m. ET 3/6/15.

    Docket Numbers: ER14-2868-002.
    Applicants: Portland General Electric Company.
    Description: Tariff Amendment per 35.17(b): 7th Amend Boardman
Agreement Deficiency Response 2 to be effective 11/1/2014.
    Filed Date: 2/18/15.
    Accession Number: 20150217-5081.
    Comments Due: 5 p.m. ET 3/10/15.

    Docket Numbers: ER15-191-001.
    Applicants: Duke Energy Progress, Inc.
    Description: Compliance filing per 35: Compliance Filing ER15-191,
ER15-74, ER13-1313, ER15-345 to be effective 1/1/2014.
    Filed Date: 2/18/15.
    Accession Number: 20150218-5006.
    Comments Due: 5 p.m. ET 3/11/15.

    Docket Numbers: ER15-807-001.
    Applicants: PJM Interconnection, L.L.C., Duke Energy Ohio, Inc.
    Description: Tariff Amendment per 35.17(b): Duke submits Amendment
to Revised SA No. 3140 Filing to be effective 11/10/2014.
    Filed Date: 2/18/15.
    Accession Number: 20150218-5054.
    Comments Due: 5 p.m. ET 3/11/15.

    Docket Numbers: ER15-916-000.
    Applicants: Sierra Solar Greenworks LLC.
    Description: Request for Waiver of Commission Rules and Request for
Waiver of Prior Notice for Certificate of Concurrence for Shared
Facilities Agreement of Sierra Solar Greenworks LLC.
    Filed Date: 2/18/15.
    Accession Number: 20150217-5195.
    Comments Due: 5 p.m. ET 3/5/15.

    Docket Numbers: ER15-1039-000.
    Applicants: Homer City Generation, L.P.
    Description: Tariff Cancellation per 35.17(a): Withdrawal of Homer
City Generation Filing in ER15-1039 to be effective N/A.
    Filed Date: 2/18/15.
    Accession Number: 20150217-5077.
    Comments Due: 5 p.m. ET 3/10/15.

    Docket Numbers: ER15-1050-000.
    Applicants: ISO New England Inc.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): Rev. to
Address Treatment of ETU (Part 1 of 2) to be effective 2/16/2015.
    Filed Date: 2/13/15.
    Accession Number: 20150213-5310.
    Comments Due: 5 p.m. ET 3/6/15.

    Docket Numbers: ER15-1051-000.
    Applicants: ISO New England Inc.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): Rev. to
Address the Treatment of ETU (Part 2 of 2) to be effective 2/16/2015.
    Filed Date: 2/13/15.
    Accession Number: 20150213-5317.
    Comments Due: 5 p.m. ET 3/6/15.

    Docket Numbers: ER15-1052-000.
    Applicants: Transource Missouri, LLC.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): TMO
Facilities Sharing Agreement Concurrence to be effective 4/15/2015.
    Filed Date: 2/13/15.
    Accession Number: 20150213-5324.
    Comments Due: 5 p.m. ET 3/6/15.

    Docket Numbers: ER15-1053-000.
    Applicants: Wisconsin Power and Light Company.
    Description: Compliance filing per 35: Amended Wisconsin Dells PSA
to be effective 2/12/2015.
    Filed Date: 2/18/15.
    Accession Number: 20150217-5073.
    Comments Due: 5 p.m. ET 3/10/15.

    Docket Numbers: ER15-1054-000.
    Applicants: Central Maine Power Company.
    Description: Notice of Termination of Interconnection Agreement No.
108 of Central Maine Power Company.
    Filed Date: 2/13/15.
    Accession Number: 20150213-5334.
    Comments Due: 5 p.m. ET 3/6/15.

    Docket Numbers: ER15-1055-000.
    Applicants: AEP Texas Central Company.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): TCC-
Patriot Wind Farm IA Amendment to be effective 2/9/2015.
    Filed Date: 2/18/15.
    Accession Number: 20150218-5017.
    Comments Due: 5 p.m. ET 3/11/15.

    Docket Numbers: ER15-1056-000.
    Applicants: Cassadaga Wind LLC.
    Description: Petition of Cassadaga Wind LLC for Limited Waiver.
    Filed Date: 2/13/15.
    Accession Number: 20150213-5349.
    Comments Due: 5 p.m. ET 2/27/15.

    Docket Numbers: ER15-1057-000.
    Applicants: AEP Texas North Company.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): TNC-
Buckthorn Westex Interconnection Agreement to be effective 1/26/2015.
    Filed Date: 2/18/15.
    Accession Number: 20150218-5019.
    Comments Due: 5 p.m. ET 3/11/15.

    Docket Numbers: ER15-1058-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): Amended
LGIA NextEra Desert Center Blythe, LLC to be effective 2/19/2015.
    Filed Date: 2/18/15.
    Accession Number: 20150218-5040.
    Comments Due: 5 p.m. ET 3/11/15.

    Docket Numbers: ER15-1059-000.
    Applicants: Wisconsin Electric Power Company.
    Description: Notice of Cancellation Service Agreement No. 58 of
Wisconsin Electric Power Company.
    Filed Date: 2/18/15.
    Accession Number: 20150218-5133.
    Comments Due: 5 p.m. ET 3/11/15.

    Docket Numbers: ER15-1060-000.
    Applicants: Arizona Public Service Company.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): Rate
Schedule Nos. 242 and 243 Certificate of Concurrence to be effective
11/1/2014.
    Filed Date: 2/18/15.
    Accession Number: 20150218-5145.
    Comments Due: 5 p.m. ET 3/11/15.

    Docket Numbers: ER15-1061-000.
    Applicants: New York Independent System Operator, Inc.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): 205--
Ancillary Service Demand Curves; Transmission Shortage Cost to be
effective 12/31/9998.
    Filed Date: 2/18/15.
    Accession Number: 20150218-5152.

    Comments Due: 5 p.m. ET 3/11/15.

    Docket Numbers: ER15-1062-000.
    Applicants: PacifiCorp.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): BPA AC
Intertie Agreement 13th Revised to be effective 4/20/2015.
    Filed Date: 2/18/15.
    Accession Number: 20150218-5184.
    Comments Due: 5 p.m. ET 3/11/15.

    Docket Numbers: ER15-1063-000.
    Applicants: Northern States Power Company, a Minnesota corporation.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): 2015-2-
18_GRE-Multi-Pty JPZ Agrmt_304-NSP-0.2.0 to be effective 9/1/2014.
    Filed Date: 2/18/15.
    Accession Number: 20150218-5191.
    Comments Due: 5 p.m. ET 3/11/15.

    Docket Numbers: ER15-1064-000.
    Applicants: California Clean Power Corp.
    Description: Initial rate filing per 35.12 California Clean Power
Corp. Initial Market-Based Rate Tariff to be effective 4/20/2015.
    Filed Date: 2/18/15.
    Accession Number: 20150218-5214.
    Comments Due: 5 p.m. ET 3/11/15.

    Docket Numbers: ER15-1065-000.
    Applicants: Balko Wind, LLC.
    Description: Initial rate filing per 35.12 Balko Wind, LLC--MBR
Tariff to be effective 2/18/2015.
    Filed Date: 2/18/15.
    Accession Number: 20150218-5215.
    Comments Due: 5 p.m. ET 3/11/15.

    Docket Numbers: ER15-1066-000.
    Applicants: Red Horse Wind 2, LLC.
    Description: Initial rate filing per 35.12 Red Horse 2, LLC--MBR
Tariff to be effective 2/18/2015.
    Filed Date: 2/18/15.
    Accession Number: 20150218-5263.
    Comments Due: 5 p.m. ET 3/11/15.

    Docket Numbers: ER15-1067-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): 2015-
02-18_MMTG RTO Adder Filing to be effective 1/6/2015.
    Filed Date: 2/18/15.
    Accession Number: 20150218-5273.
    Comments Due: 5 p.m. ET 3/11/15.

    Take notice that the Commission received the following qualifying
facility filings:

    Docket Numbers: QF15-440-000.
    Applicants: Grossmont Hospital Corporation.
    Description: Form 556 of Grossmont Hospital Corporation.
    Filed Date: 2/13/15.
    Accession Number: 20150213-5351.
    Comments Due: None Applicable.

    Take notice that the Commission received the following PURPA
210(m)(3) filings:

    Docket Numbers: RR15-6-000.
    Applicants: North American Electric Reliability Corporation.
    Description: Request of North American Electric Reliability
Corporation to Revise Certain ``Metrics'' Components for Its Annual
Business Plan and Budget Filings and Its Annual Actual Cost-to-Budget
True-up Filings.
    Filed Date: 2/18/15.
    Accession Number: 20150218-5205.
    Comments Due: 5 p.m. ET 3/11/15.

    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: February 18, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-03743 Filed 2-23-15; 8:45 am]
BILLING CODE 6717-01-P