[Federal Register: March 25, 2009 (Volume 74, Number 56)]
[Rules and Regulations]
[Page 12562-12567]
[DOCID:fr25mr09-11]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2008-0796 ; A-1-FRL-8785-6]

Approval and Promulgation of Air Quality Implementation Plans;
Rhode Island; Carbon Monoxide Limited Maintenance Plan for Providence,
RI

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Rhode Island. This revision establishes a
limited maintenance plan for the Providence Rhode Island carbon
monoxide attainment area and addresses the remaining portion of the
ten-year update to the carbon monoxide maintenance plan. This action is
being taken in accordance with the Clean Air Act.

DATES: This direct final rule will be effective May 26, 2009, unless
EPA receives adverse comments by April 24, 2009. If adverse comments
are received, EPA will publish a timely withdrawal of the direct final
rule in the Federal Register informing the public that the rule will
not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2008-0796 by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Mail: ``Docket Identification Number EPA-R01-OAR-2008-0796'',
Anne Arnold, U.S. Environmental Protection Agency, EPA New England
Regional Office, One Congress Street, Suite 1100 (mail code CAQ),
Boston, MA 02114-2023.

    4. Hand Delivery or Courier. Deliver your comments to: Anne Arnold,
Manager, Air Quality Planning Unit, Office of Ecosystem Protection,
U.S. Environmental Protection Agency, EPA New England Regional Office,
One Congress Street, 11th floor, (CAQ), Boston, MA 02114-2023. Such
deliveries are only accepted during the Regional Office's normal hours
of operation. The Regional Office's official hours of business are
Monday through Friday, 8:30 to 4:30, excluding legal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2008-0796. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit through http://
www.regulations.gov, or e-mail, information that you consider to be CBI
or otherwise protected. The http://www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://
www.regulations.gov or in hard copy at Office of Ecosystem Protection,
U.S. Environmental Protection Agency, EPA New England Regional Office,
One Congress Street, Suite 1100, Boston, MA. EPA requests that if at
all possible, you contact the contact listed in the FOR FURTHER
INFORMATION CONTACT section to schedule your inspection. The Regional
Office's official hours of business are Monday through Friday, 8:30 to
4:30, excluding legal holidays.
    In addition, copies of the state submittal are also available for
public inspection during normal business hours, by appointment at the
State Air Agency; Office of Air Resources, Department of Environmental
Management, 235 Promenade Street, Providence, RI 02908-5767.

FOR FURTHER INFORMATION CONTACT: Donald O. Cooke, Air Quality Planning
Unit, U.S. Environmental Protection Agency, EPA New England Regional
Office, One Congress Street, Suite 1100 (CAQ), Boston, MA 02114-2023,
telephone number<PHONE_NUMBER>, fax number<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
    Organization of this document. The following outline is provided to
aid in locating information in this preamble.

I. Background and Purpose
II. Criteria for Limited Maintenance Plan Designation
    A. EPA Guidance
    B. Demonstration of Maintenance
    C. Emission Inventory
    D. Monitoring Network and Verification of Continued Attainment
III. Contingency
IV. State Commitments
V. Conformity
VI. Final Action
VII. Statutory and Executive Order Reviews

I. Background and Purpose

    In 1989, Rhode Island submitted a request to EPA to redesignate
Providence to attainment status for carbon monoxide (CO). Since the EPA
had not yet approved that request when the Clean Air Act Amendments of
1990 (CAAA) were enacted, Rhode Island submitted a revised
redesignation request to EPA in 1991 that addressed additional
requirements in the CAAA. The initial ten-year maintenance plan relied
on emissions reductions from the Federal Motor Vehicle Emission Control
Program (FMVECP) and from the Prevention of Significant Deterioration
(PSD) program, which replaced the New Source Review (NSR) program when
the redesignation became effective. The maintenance plan also stated
that, if the carbon monoxide National Ambient Air Quality Standard
(NAAQS) was violated in the ten year period covered by the plan, the
State would submit a plan to correct the violation within 18 months of
the violation. On September 5, 1991, the EPA published a Final Rule in
the Federal Register that redesignated Providence to attainment status
for CO (56 FR 43872).
    Section 175A of the CAAA requires redesignated areas to submit a
second ten-year maintenance plan to the EPA eight years after the first
plan is approved. The second plan must demonstrate that compliance with
the NAAQS will continue during the ten year period following the
expiration of the first maintenance plan. In the case of Rhode Island,
the second ten-year maintenance plan was scheduled to be submitted in
1999 and would cover the years 2001 through 2011. Rhode Island did not
submit a second ten-year maintenance plan at that time; however the
emissions control programs established in the first ten-year
maintenance plan continued to be in effect. Monitored levels of carbon
monoxide in the Providence attainment area continued to be well below
the 8-hour NAAQS standard of 9.0 parts per million (ppm), and have
stayed on a downward trend. The 1-hour CO NAAQS of 32 parts per million
was never exceeded in the State of Rhode Island.
    In June 2007, Rhode Island Department of Environmental Management
(RI DEM) requested permission to discontinue monitoring for CO at the
Dorrance Street site in Providence. This request was prompted by
amendments to EPA's monitoring requirements (Final Rule: Revisions to
Ambient Air Monitoring Regulations; October 17, 2006; 71 FR 61236),
which removed minimum requirements for CO monitoring for determining
compliance with NAAQS. The amended EPA regulation continued to require
the operation of CO monitors at Type II stations in the Photochemical
Assessment Monitoring Sites (PAMS) network. Rhode Island has operated a
year round CO monitor at its Type II PAMS site in East Providence since
1998.
    In its request to remove the Dorrance Street CO monitor, RI DEM
stated that the monitor no longer served a useful purpose because the
CO NAAQS had not been exceeded for 20 years and was extremely unlikely
to be exceeded in the future, since monitored levels were considerably
below the NAAQS and continued to trend downward and the emissions
control programs that had resulted in this decrease remained in

place. Moreover, this site was no longer useful for predicting the
State's daily Air Quality Index (AQI), which serves to warn the public
about impending poor air quality, because all CO measurements recorded
since 2001 had been in the ``good'' category of the AQI.
    In an October 24, 2007 letter from Michael Kenyon, Director of the
Office of Environmental Measurement and Evaluation, EPA Region I
approved the termination of the Dorrance Street site ``subject to the
revision of the Providence carbon monoxide maintenance plan being
approved by EPA.'' At issue was the fact that the original maintenance
plan relied on the levels measured by the Dorrance Street monitor to
track continued attainment of the CO NAAQS. EPA advised that, if CO
monitoring at that site were discontinued, Rhode Island would need to
revise its CO maintenance plan to provide another mechanism to track
continued attainment until the end of the second ten-year maintenance
period (September 2011) and to identify levels that would trigger the
need for additional action. RI DEM agreed to revise its plan and
discontinued CO monitoring at the Dorrance Street site at the end of
June 2007.
    On September 22, 2008, the State of Rhode Island submitted a formal
revision to its State Implementation Plan (SIP) for a Limited
Maintenance Plan for the Providence Rhode Island Carbon Monoxide
Maintenance Area. The SIP revision consists of a second follow-on ten-
year carbon monoxide maintenance plan for the Providence carbon
monoxide attainment area to address the remainder of the maintenance
plan period (period 2001 to 2011), and a request for a limited carbon
monoxide maintenance plan designation. The SIP revision also includes
the State's commitment to year round carbon monoxide monitoring at the
East Providence Photochemical Assessment Monitoring Station (PAMS)
site.

II. Criteria for Limited Maintenance Plan Designation

A. EPA Guidance

    In November 1994, EPA issued guidance regarding a limited
maintenance plan option for nonclassifiable ozone nonattainment
areas.\1\ In October 1995, EPA issued further guidance that extended
that option to nonclassifiable carbon monoxide nonattainment areas.\2\
To qualify for the limited maintenance option, an area's 8-hour average
CO design value at the time of redesignation must be at or below 7.65
ppm (85% of the NAAQS).
---------------------------------------------------------------------------

    \1\ Memorandum ``Limited Maintenance Plan Option for
Nonclassifiable Ozone Nonattainment Areas'' from Sally L. Shaver,
Director, EPA Air Quality Strategies and Standards Division, to
Regional Air Directors, November 16, 1994.
    \2\ Memorandum ``Limited Maintenance Plan Option for
Nonclassifiable CO Nonattainment Areas'' from Joseph W. Paisie,
Group Leader, EPA Integrated Policy and Strategies Group, to Air
Branch Chiefs, October 6, 1995.
---------------------------------------------------------------------------

    Unlike full maintenance plans, limited maintenance plans are not
required to include a projection of emissions over the maintenance
period, because, according to EPA's 1995 guidance, ``the continued
applicability of prevention of significant deterioration (PSD)
requirements, any control measures already in the SIP, and Federal
measures (such as the Federal Motor Vehicle Emission Control Program)
should provide adequate assurance of maintenance for those areas.''
    Moreover, the establishment of emissions budgets for conformity
purposes is not required as part of limited maintenance plans.
According to the 1995 guidance, ``it is unreasonable to expect that
such an area will experience so much growth * * * that a violation of
the CO NAAQS would result.'' Therefore, budgets for transportation and
general conformity determinations are not required for areas with
approved limited maintenance plans.

B. Demonstration of Maintenance

    For areas such as Providence Rhode Island that utilize EPA's
limited maintenance plan approach, the maintenance demonstration is
considered to be satisfied for ``not classified'' areas if the
monitoring data show the design value is at or below 7.65 ppm, or 85
percent of the level of the 8-hour carbon monoxide CO NAAQS. The design
value must be based on the 8 consecutive quarters of data. For such
areas, there is no requirement to project emissions of air quality over
the maintenance period. EPA believes if the area begins the maintenance
period at, or below, 85% of the CO 8 hour NAAQS, the applicability of
Prevention of Significant Deterioration (PSD) requirements, the control
measures already in the SIP, and Federal measures, should provide
adequate assurance of maintenance over the initial 10-year maintenance
period. In addition, the design value for the area must continue to be
at or below 7.65 ppm until the time of final EPA action on the
redesignation. At the time of redesignation, in 1991, Providence's 8-
hour CO design value was 7.4 ppm, and had been below 7.65 since 1989.
The design value has continued to decline as shown in Table 1. The
design value for 2006, the last full year that the Providence monitor
operated, was 2.5 ppm (as compared to the NAAQS of 9.0 ppm). Therefore,
Providence demonstrates maintenance and is clearly eligible for the
limited maintenance plan option.

   Table 1--8-Hour Carbon Monoxide Design Values for Providence Rhode
                                 Island
   [8-Hour carbon monoxide design values for Providence Rhode Island]
------------------------------------------------------------------------
                                                           Design value
                          Year                                 (ppm)
------------------------------------------------------------------------
1991....................................................             7.4
1998....................................................             4.7
1999....................................................             3.9
2000....................................................             3.5
2001....................................................             3.8
2002....................................................             2.7
2003....................................................             2.3
2004....................................................             2.5
2005....................................................             2.5
2006....................................................             2.5
2007....................................................             2.5
------------------------------------------------------------------------

C. Emission Inventory

    An annual carbon monoxide emission inventory was prepared for both
Rhode Island Statewide and Providence County for the year 2002, a year
in which attainment was monitored in the Providence Rhode Island carbon
monoxide attainment area, and the 8-hour carbon monoxide design value
was 2.7 parts per million. Please see Table 2. below:

Table 2--Statewide and Providence County Rhode Island 2002 Annual Carbon
                           Monoxide Emissions
         [2002 carbon monoxide annual emissions (tons per year)]
------------------------------------------------------------------------
                                       Rhode Island
                                     statewide carbon  Providence county
              Source                     monoxide       carbon monoxide
                                        emissions          emissions
------------------------------------------------------------------------
Stationary point..................              1,742              1,663
Stationary nonpoint...............             10,535              4,875
Non-road mobile...................             68,804             30,501
On-road mobile....................            188,312            109,794
                                   -------------------------------------
    Total Anthropogenic (man-made)            269,393            146,833
                                   -------------------------------------
Biogenic..........................              1,925                554
                                   =====================================
        Total.....................            271,318            147,387
------------------------------------------------------------------------

D. Monitoring Network and Verification of Continued Attainment

    In the limited maintenance plan, Rhode Island Department of
Environmental Management commits to maintain a continuous CO monitor at
the East Providence PAMS site and re-establish a CO monitoring site
meeting EPA specifications in downtown Providence should (1) the East
Providence 8-hour CO design value increase to five parts per million;
or (2) total calendar year CO emissions in Providence County from all
anthropogenic sources exceed 190,883 tons per year (a value 30% higher
than the total anthropogenic emissions in the 2002 inventory); or (3)
average motor vehicle CO emissions measured by the remote sensing
program in any year between 2008 and 2011 exceed 0.39%, which is three
times the 2006 value.

III. Contingency

    EPA concurs with RI DEM that specific contingency measures are not
needed at the present, since current CO levels are so far below the
NAAQS and emissions from mobile sources, the dominant source of CO in
the State and in Providence County, are decreasing as the percentage of
vehicles subject to tighter Federal Motor Vehicle Emission Control
Program (FMVECP) standards increase in the State. However, if
monitoring for CO in downtown Providence is triggered, based on the
criteria specified below, in ``State Commitments,'' RI DEM will develop
contingency measures that will go into effect if a violation of the
NAAQS occurs without further action by the State.

IV. State Commitments

    EPA's guidance for limited maintenance plans also requires states
to include several commitments as part of the SIP revision. To fulfill
those requirements, Rhode Island's September 22, 2008 SIP submittal
includes the following commitments:
     RI DEM will maintain a continuous CO monitor at the East
Providence PAMS site to verify continued compliance with the CO NAAQS
in the CO maintenance area;
     Should the East Providence 8-hour CO design value increase
to five parts per million, RI DEM will re-establish a CO Monitoring
site meeting EPA specifications in downtown Providence within six
months;
     Should total calendar year CO emissions in Providence
County from all anthropogenic sources exceed 190,883 tons per year (a
value 30% higher than the total anthropogenic emissions in the 2002
inventory) RI DEM will re-establish a CO Monitoring site meeting EPA
specifications in downtown Providence within six months;
     Should average motor vehicle CO emissions measured by the
remote sensing program in any year between 2008 and 2011 exceed 0.39%,
which is three times the 2006 value, RI DEM will re-establish a CO
Monitoring site meeting EPA specifications in downtown Providence
within six months;
     Should the design value in the Providence maintenance area
exceed 7.65 ppm, RI DEM will coordinate with EPA to: Verify the
validity of the data; evaluate whether the data should be excluded
based on an ``exceptional event''; and, if warranted based on the data
review, develop a full maintenance plan for the affected maintenance
areas; and,
     RI DEM will continue to ensure that project-level CO
evaluations of transportation projects (i.e., project-level conformity,
as described in 40 CFR 93.116) in the Providence CO attainment area are
conducted through the end of the second ten-year maintenance period.

V. Conformity

    Section 176(c) of the Clean Air Act (CAA) defines transportation
conformity as conformity to the state implementation plan's purpose of
eliminating or reducing the severity and number of violations of the
NAAQS and achieving expeditious attainment of such standards. The CAA
further defines transportation conformity to mean that no Federal
transportation activity will: (1) Cause or contribute to any new
violation of any standard in any area; (2) increase the frequency or
severity of any existing violation of any standard in any area; or (3)
delay timely attainment of any standard or any required interim
emission reductions or other milestones in any area. The Federal
Transportation Conformity Rule, 40 CFR part 93, subpart A, sets forth
the criteria and procedures for demonstrating and assuring conformity
of transportation plans, programs and projects which are developed,
funded or approved by the U.S. Department of Transportation, and by
metropolitan planning organizations or other recipients of funds under
title 23 U.S.C. or the Federal Transit Laws (49 U.S.C. 53). The
transportation conformity rule applies within all nonattainment and
maintenance areas. As prescribed by the transportation conformity rule,
once an area has an applicable state implementation plan with motor
vehicle emissions budgets, the expected emissions from planned
transportation activities must be consistent with (``conform to'') such
established budgets for that area.
    In the case of the Providence Rhode Island CO limited maintenance
plan area, however, the emissions budgets may be treated as essentially
not constraining for the length of the second maintenance period as
long as the area continues to meet the limited maintenance criteria,
because there is

no reason to expect that these areas will experience so much growth in
that period that a violation of the CO NAAQS would result. In other
words, emissions from on-road transportation sources need not be capped
for the remainder of the maintenance period because it is unreasonable
to believe that emissions from such sources would increase to a level
that would threaten the air quality in this area for the duration of
this maintenance period. Therefore, for the limited maintenance plan CO
maintenance area, all Federal actions that require conformity
determinations under the transportation conformity rule are considered
to satisfy the regional emissions analysis and ``budget test''
requirements in 40 CFR 93.118 of the rule.
    Since limited maintenance plan areas are still maintenance areas,
however, transportation conformity determinations are still required
for transportation plans, programs and projects. Specifically, for such
determinations, transportation plans, transportation improvement
programs, and projects must still demonstrate that they are fiscally
constrained (40 CFR part 108) and must meet the criteria for
consultation and Transportation Control Measure (TCM) implementation in
the conformity rule (40 CFR 93.112 and 40 CFR 93.113, respectively). In
addition, projects in limited maintenance areas will still be required
to meet the criteria for CO hot spot analyses to satisfy ``project
level'' conformity determinations (40 CFR 93.116 and 40 CFR 93.123)
which must incorporate the latest planning assumptions and models that
are available. All aspects of transportation conformity (with the
exception of satisfying the emission budget test) will still be
required.
    If the carbon monoxide attainment area monitors carbon monoxide
concentrations at or above the limited maintenance eligibility
criteria, or 7.65 parts per million, then that maintenance area would
no longer qualify for a limited maintenance plan and would revert to a
full maintenance plan. In this event, the limited maintenance plan
would remain applicable for conformity purposes only until the full
maintenance plan is submitted and EPA has found its motor vehicle
emissions budgets adequate for conformity purposes or EPA approves the
full maintenance plan SIP revision. At that time regional emissions
analyses would resume as a transportation conformity criteria.

VI. Final Action

    EPA is approving Rhode Island's September 22, 2008 State
Implementation Plan (SIP) revision establishing a limited maintenance
plan for the Providence Rhode Island carbon monoxide attainment area.
    The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
relevant adverse comments be filed. This rule will be effective May 26,
2009 without further notice unless the Agency receives relevant adverse
comments by April 24, 2009.
    If the EPA receives such comments, then EPA will publish a notice
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on the proposed rule. All parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on May 26, 2009 and no further action will be
taken on the proposed rule. Please note that if EPA receives adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, EPA may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.

VII. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act 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 Clean Air Act.
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 action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     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 Clean Air Act; 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 rule 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.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the

appropriate circuit by May 26, 2009. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: March 12, 2009.
Ira W. Leighton,
Acting Regional Administrator, EPA New England.

0
Part 52 of chapter I, title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart OO--Rhode Island

0
2. Section 52.2089 is added to read as follows:

Sec.  52.2089  Control strategy: carbon monoxide.

    (a) Approval--On September 22, 2008, the Rhode Island Department of
Environmental Management submitted a request to establish a limited
maintenance plan for the Providence Rhode Island carbon monoxide
attainment area for the remainder of the second ten-year maintenance
plan. The State of Rhode Island has committed to year round carbon
monoxide monitoring at the East Providence Photochemical Assessment
Monitoring Station (PAMS) site; re-establishing downtown Providence CO
monitoring if criteria specified in the Limited Maintenance Plan are
triggered; and, ensuring that project-level carbon monoxide evaluations
of transportation projects in the maintenance area are conducted. The
limited maintenance plan satisfies all applicable requirements of
section 175A of the Clean Air Act. Approval of a limited maintenance
plan is conditioned on maintaining levels of ambient carbon monoxide
levels below the required limited maintenance plan 8-hour carbon
monoxide design value criterion of 7.65 parts per million. If the
Limited Maintenance Plan criterion is no longer satisfied, Rhode Island
must develop a full maintenance plan to meet Clean Air Act
requirements.
    (b) [Reserved]

 [FR Doc. E9-6643 Filed 3-24-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 227 (Monday, November 26, 2018)]
[Notices]
[Page 60556]
[FR Doc No: 2018-25577]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Public Notice for Intent To Release Airport Property

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of intent to rule on request to release airport
property; Palmer Municipal Airport (PAQ), Palmer, Alaska.

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

SUMMARY: The FAA proposes to rule and invites public comment on the
release of land at the Palmer Municipal Airport, Palmer, Alaska.

DATES: Comments must be received on or before December 26, 2018.

ADDRESSES: Documents are available for review by appointment at the FAA
Anchorage Airports Regional Office, Molly Lamrouex, Compliance Manager,
222 W 7th Avenue, Anchorage, AK. Telephone:<PHONE_NUMBER>/Fax: (907)
271-2851 and the City of Palmer, 231 W Evergreen, Palmer, AK 99645.
Telephone:<PHONE_NUMBER>.
    Written comments on the Sponsor's request must be delivered or
mailed to: Molly Lamrouex, Compliance Manager, Federal Aviation
Administration, Airports Anchorage Regional Office, 222 W 7th Avenue,
Anchorage AK 99513, Telephone Number:<PHONE_NUMBER>/FAX Number: (907)
271-2851.

FOR FURTHER INFORMATION CONTACT: Molly Lamrouex, Compliance Manager,
Federal Aviation Administration, Alaskan Region Airports District
Office, 222 W 7th Avenue, Anchorage, AK 99513. Telephone Number: (907)
271-5439/FAX Number:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The FAA invites public comment on the
request to release the aeronautical use only grant provision on four
lease lots at the Palmer Airport (PAQ) under the provisions of 49
U.S.C. 47107(h)(2). The City of Palmer has requested from the FAA that
approximately 13.07 acres of airport property west of Cope Industrial
Way be released for non-aeronautical uses. The FAA has determined that
the release of the property will not impact future aviation needs at
the airport. The FAA may approve the request, in whole or in part, no
sooner than 30 days after the publication of this notice.
    The disposition of proceeds from the non-aeronautical leases of the
airport property will be in accordance with FAA's Policy and Procedures
Concerning the Use of Airport Revenue, published in the Federal
Register on February 16, 1999 (64 FR 7696).

    Issued in Anchorage, Alaska, on October 30, 2018.
Kristi Warden,
Acting Director, Alaskan Airports Regional Office, FAA, Alaskan Region.
[FR Doc. 2018-25577 Filed 11-23-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 56 (Thursday, March 23, 2023)]
[Proposed Rules]
[Pages 17467-17470]
[FR Doc No: 2023-06022]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2023-0168]
RIN 1625-AA08

Special Local Regulation; Bush River and Otter Point Creek;
Between Perryman, MD and Edgewood, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard is proposing to establish a temporary special
local regulation for certain waters of the Bush River and Otter Point
Creek, in Maryland. This action is necessary to provide for the safety
of life on these navigable waters located at Edgewood, MD, during a
high-speed power boat race on May 13, 2023 and May 14, 2023. This
proposed rulemaking would prohibit persons and vessels (other than
those already at berth at the time the regulation takes effect) from
being in the regulated area unless authorized by the Captain of the
Port, Sector Maryland-National Capital Region (COTP), or a designated
representative. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before April 24, 2023.

ADDRESSES: You may submit comments identified by docket number USCG-
2023-0168 using the Federal Decision Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email MST2 Courtney Perry, Sector
Maryland-NCR, Waterways Management Division, U.S. Coast Guard:
telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On November 11, 2022, the Kent Narrows Racing Association (KNRA)
notified the Coast Guard that it will be conducting the Harford County
Spring Nationals Inboard Hydroplane Race on May 13, 2023 and May 14,
2023 from 9 a.m. to 7 p.m. both days. The high-speed power boat racing
event consists of approximately 60 participating racing boats--
including composite and wood hull inboard hydroplanes--12 to 28 feet in
length. The vessels will compete along a marked, approximately 1-mile
long course located on the Bush River and Otter Point Creek, at Flying
Point Park, between Perryman, MD and Edgewood, MD. Hazards from the
power boat racing event include the risks of injury or death resulting
from near or actual contact among participant vessels and waterway
users if normal vessel traffic were to interfere with the event. The
COTP, (Commander of the Coast Guard Sector Maryland-National Capital
Region) has determined that potential hazards associated with the power
boat races would be a safety concern for anyone intending to
participate in this event and for vessels that operate within the
specified waters of the Bush River and Otter Point Creek.
    The purpose of this rulemaking is to protect event participants,
non-participants, and transiting vessels before, during, and after the
scheduled event. The Coast Guard is proposing this rulemaking under
authority in 46 U.S.C. 70041.

III. Discussion of Proposed Rule

    The COTP is proposing to establish a special local regulations from
9 a.m. on May 13, 2023, through 7 p.m. on May 14, 2023. The regulations
would be enforced from 9 a.m. to 7 p.m. on May 13, 2023 and from 9 a.m.
to 7 p.m. on May 14, 2023. The regulated area would cover all navigable
waters of the Bush River and Otter Point Creek, shoreline to shoreline,
bounded to the north by a line drawn from the western shoreline of the
Bush River at latitude 39[deg]21'15'' N, longitude 076[deg]14'39'' W
and thence eastward to the eastern shoreline of the Bush River at
latitude 39[deg]27'03'' N, longitude 076[deg]13'57'' W, and bounded to
the south by the Amtrak Railroad Bridge, across the Bush River at mile
6.8, between Perryman, MD and Edgewood, MD. These boundaries are based
on a detailed course map for the event which the Coast Guard received
from the sponsor on March 7, 2023.
    This proposed rule provides additional information about zones
within the regulated area, their definitions, and the restrictions that
would apply to mariners. These zones include ``Race Area,'' ``Buffer
Zone,'' and ``Spectator Area.''
    The proposed duration of the special local regulation and size of
the regulated area are intended to ensure the safety of life on these
navigable waters before, during, and after the high-speed power boat
racing event, which is scheduled to take place from 10 a.m. to 6 p.m.
on May 13, 2023, and from 10 a.m. to 6 p.m. on May 14, 2023. The COTP,
and the Coast Guard Event Patrol Commander (or ``Event PATCOM,'' a
commissioned, warrant, or petty officer of the U.S. Coast Guard who has
been so designated by the COTP) would have authority to forbid and
control the movement of all vessels and persons, including event
participants, in the regulated area. When hailed or signaled by an
official patrol, a vessel or person

in the regulated area would be required to immediately comply with the
directions given by the COTP or Event PATCOM. If a person or vessel
fails to follow such directions, the Coast Guard may expel them from
the area, issue them a citation for failure to comply, or both.
    Except for Harford County Spring Nationals participants and vessels
already at berth, a vessel or person would be required to get
permission from the COTP or Event PATCOM before entering the regulated
area. Vessel operators would be able to request permission to enter and
transit through the regulated area by contacting the Event PATCOM on
VHF-FM channel 16. Vessel traffic would be able to safely transit the
regulated area once the Event PATCOM deems it safe to do so. A vessel
within the regulated area must operate at a safe speed that minimizes
wake. A person or vessel not registered with the event sponsor as a
participant or assigned as official patrols would be considered a
spectator. Official Patrols are any vessel assigned or approved by the
COTP with a commissioned, warrant, or petty officer onboard and
displaying a Coast Guard ensign. Official Patrols enforcing this
regulated area can be contacted on VHF-FM channel 16 and channel 22A.
    If permission is granted by the COTP or Event PATCOM, a person or
vessel would be allowed to enter the regulated area or pass directly
through the regulated area as instructed. Vessels would be required to
operate at a safe speed, one that minimizes wake while within the
regulated area in a manner and that would not endanger event
participants or any other craft. A spectator vessel must not loiter
within the navigable channel while present within the regulated area.
Only participant vessels and official patrol vessels would be allowed
to enter the race area. The Coast Guard would publish a notice in the
Fifth Coast Guard District Local Notice to Mariners and issue a marine
information broadcast on VHF-FM marine band radio announcing specific
event dates and times. The regulatory text we are proposing appears at
the end of this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders, and
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the size and
duration of the regulated area, which would impact a small designated
area of the Bush River for a total of 20 enforcement hours. Although
this regulated area extends across a large portion of the waterway, the
rule would allow vessels and persons to seek permission to enter the
regulated area, and vessel traffic able to do so safely would be able
to transit the regulated area as instructed by the Event PATCOM. Such
vessels must operate at a safe speed that minimized wake and not loiter
within the navigable channel while within the regulated area. Moreover,
the Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the status of the regulated area.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
regulated area may be small entities, for the reasons stated in IV. A
above, this proposed rule would not have a significant economic impact
on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves
implementation of regulations within 33 CFR part 100 applicable to
organized marine events on the navigable waters of the United States
that could negatively impact the safety of waterway users and shore
side activities in the event area for 20 total enforcement hours.
Normally such actions are categorically excluded from further review
under paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 1. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG- 2023-0168 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
    Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
    Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).

List of Subjects in 33 CFR Part 100

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. Add Sec.  100.T05-0168 to read as follows:

Sec.  100.T05-0168  Special Local Regulation; Bush River and Otter
Point Creek; Between Perryman, MD and Edgewood, MD.

    (a) Location. All coordinates are based on datum NAD 1983.
    (1) Regulated area. All navigable waters of Bush River and Otter
Point Creek, from shoreline to shoreline, bounded to the north by a
line drawn from the western shoreline of the Bush River at latitude
39[deg]27'15'' N, longitude 076[deg]14'39'' W and thence eastward to
the eastern shoreline of the Bush River at latitude 39[deg]27'03'' N,
longitude 076[deg]13'57'' W; and bounded to the south by the Amtrak
Railroad Bridge, across the Bush River at mile 6.8, between Perryman,
MD and Edgewood, MD. The following locations are within the regulated
area: The regulations in this section apply to the following area:
    (2) Race Area. The area is bounded by a line commencing at position
latitude 39[deg]26'39.48'' N, longitude 076[deg]15'23.44'' W, to
latitude 39[deg]26'36.52'' N, longitude 076[deg]15'13.33'' W, to
latitude 39[deg]26'36.94'' N, longitude 076[deg]15'10.01'' W, to
latitude 39[deg]26'38.59'' N, longitude 076[deg]15'07.41'' W, to
latitude 39[deg]26'41.03'' N, longitude 076[deg]15'06.22'' W, to
latitude 39[deg]26'43.61'' N, longitude 076[deg]15'06.76'' W, to
latitude 39[deg]26'45.63'' N, longitude 076[deg]15'08.89'' W, to
latitude 39[deg]26'47.93'' N, longitude 076[deg]15'16.76'' W, to
latitude 39[deg]26'50.24'' N, longitude 076[deg]15'24.63'' W, to
latitude 39[deg]26'49.81'' N, longitude 076[deg]15'27.95'' W, to
latitude 39[deg]26'48.16'' N, longitude 076[deg]15'30.56'' W, to
latitude 39[deg]26'45.72'' N, longitude 076[deg]15'31.75'' W, to
latitude 39[deg]26'43.15'' N, longitude 076[deg]15'31.20'' W, to
latitude 39[deg]26'41.13'' N, longitude 076[deg]15'29.07'' W thence
back to the beginning point.
    (3) Buffer Zone. The buffer zone surrounds the entire race area and
is bounded by a line commencing at position latitude 39[deg]26'39.60''
N, longitude 076[deg]15'30.00'' W, to latitude 39[deg]26'37.80'' N,
longitude 076[deg]15'24.00'' W, to latitude 39[deg]26'34'' N, longitude
076[deg]15'14.40'' W, to latitude 39[deg]26'34.80'' N, longitude
076[deg]15'09.00'' W, to latitude 39[deg]26'37.20'' N, longitude
076[deg]15'05.40'' W, to latitude 39[deg]26'40.80'' N, longitude
076[deg]15'03.60'' W, to latitude 39[deg]26'44.40'' N, longitude
076[deg]15'04.20'' W, to latitude 39[deg]26'46.80'' N, longitude
076[deg]15'07.20'' W, to latitude 39[deg]26'49.80'' N, longitude
076[deg]15'15.60'' W, to latitude 39[deg]26'52.20'' N, longitude
076[deg]15'25.20'' W, to latitude 39[deg]26'51.60'' N, longitude
076[deg]15'28.80'' W, to latitude 39[deg]26'49.20'' N, longitude
076[deg]15'32.40'' W, to latitude 39[deg]26'45.60'' N, longitude
076[deg]15'34.20'' W, to latitude 39[deg]26'42.60'' N, longitude
076[deg]615'33.60'' W thence back to the beginning point.
    (4) Spectator Area. The spectator area is designated as the all
waters immediately surrounding the buffer zone up to a distance of 500
feet immediately surrounding the buffer zone.
    (b) Definitions. As used in this section--
    Buffer Zone is a neutral area that surrounds the perimeter of the
race area within the regulated area described by this section. The
purpose of a buffer area is to minimize potential collision conflicts
with marine event participants or high-speed power boats and nearby
transiting vessels. This area provides separation between a race area
and other

vessels that are operating in the vicinity of the regulated area
established by the special local regulations in this section.
    Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty officer, or other officer
operating a Coast Guard vessel and a Federal, State, and local officer
designated by or assisting the Captain of the Port Maryland-National
Capital Region (COTP) in the enforcement of the regulations in this
section.
    Event Patrol Commander or Event PATCOM means a commissioned,
warrant, or petty officer of the U.S. Coast Guard who has been so
designated by the Commander, Coast Guard Sector Maryland-National
Capital Region.
    Official patrol means any vessel assigned or approved by Commander,
Coast Guard Sector Maryland-National Capital Region with a
commissioned, warrant, or petty officer on board and displaying a Coast
Guard ensign.
    Participant means all persons and vessels registered with the event
sponsor as a participant in the race.
    Race area is an area described by a line bound by coordinates
provided in latitude and longitude that outlines the boundary of a race
area within the regulated area defined by this section.
    Spectator means a person or vessel not registered with the event
sponsor as a participant or assigned as official patrols.
    (c) Regulations. (1) The COTP Maryland-National Capital Region or
Event PATCOM may forbid and control the movement of all vessels and
persons, including event participants, in the regulated area described
in paragraph (a)(1) of this section. When hailed or signaled by an
official patrol, a vessel or person in the regulated area shall
immediately comply with the directions given by the patrol. Failure to
do so may result in the Coast Guard expelling the person or vessel from
the area, issuing a citation for failure to comply, or both. The COTP
Maryland-National Capital Region or Event PATCOM may terminate the
event, or a participant's operations at any time the COTP Maryland-
National Capital Region or Event PATCOM believes it necessary to do so
for the protection of life or property.
    (2) Except for participants and vessels already at berth, a person
or vessel within the regulated area at the start of enforcement of this
section must immediately depart the regulated area.
    (3) A spectator must contact the Event PATCOM to request permission
to either enter or pass through the regulated area. The Event PATCOM,
and official patrol vessels enforcing this regulated area, can be
contacted on marine band radio VHF-FM channel 16 (156.8 MHz) and
channel 22A (157.1 MHz). If permission is granted, the spectator must
pass directly through the regulated area as instructed by Event PATCOM.
A vessel within the regulated area must operate at safe speed that
minimizes wake. A spectator vessel must not loiter within the navigable
channel while within the regulated area.
    (4) Only participant vessels and official patrol vessels are
allowed to enter and remain within the race area.
    (5) Only participant vessels and official patrol vessels are
allowed to enter and transit directly through the buffer area in order
to arrive at or depart from the race area.
    (6) A person or vessel that desires to transit, moor, or anchor
within the regulated area must obtain authorization from the COTP
Maryland-National Capital Region or Event PATCOM. A person or vessel
seeking such permission can contact the COTP Maryland-National Capital
Region at telephone number<PHONE_NUMBER> or on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz) or the Event PATCOM on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz).
    (7) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue a marine information
broadcast on VHF-FM marine band radio announcing specific event dates
and times.
    (d) Enforcement officials. The Coast Guard may be assisted with
marine event patrol and enforcement of the regulated area by other
federal, state, and local agencies.
    (e) Enforcement period. This section will be enforced from 9 a.m.
to 7 p.m. on May 13, 2023 and from 9 a.m. to 7 p.m. on May 14, 2023.

    Dated: March 17, 2023.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2023-06022 Filed 3-22-23; 8:45 am]
BILLING CODE 9110-04-P


SUPPORTING STATEMENT

NSPS FOREQUIPMENT LEAKS OF VOC IN PETROLEUM REFINERIES

(40 CFR PART 60, SUBPARTS GGG and GGGa)

Part A of the Supporting Statement

1.  Identification of the Information Collection

	1(a)  Title of the Information Collection

	NSPS for Equipment Leaks of VOC in Petroleum Refineries (40 CFR part
60, subparts GGG and GGGa) (Final Rule), ICR 0983.10, OMB Control Number
2060-0067.

	1(b)  Short Characterization/Abstract

	This information collection request (ICR) is for the New Source
Performance Standards (NSPS) for Equipment Leaks of VOC (Volatile
Organic Compounds) in Petroleum Refineries in 40 CFR part 60, subparts
GGG and GGGa.  The NSPS in subpart GGG were proposed on January 4, 1983
and promulgated on May 30, 1984.  These standards apply to the following
facilities in petroleum refineries: compressors and the group of all
equipment (e.g., valves, pumps, flanges, etc.) within a process unit in
VOC service, commencing construction, modification or reconstruction
after the date of proposal.  Amendments to subpart GGG were proposed on
November 7, 2006 that would have added new standards and compliance
requirements.  In response to public comments, all new requirements are
being incorporated in a new subpart GGGa that applies to sources that
commence construction, reconstruction, or modification after November 7,
2006.  The final amendments to subpart GGG involve only clarifications
and additional compliance options.    SEQ CHAPTER \h \r 1 The burden
estimates presented in this ICR reflect the reporting and recordkeeping
requirements in both subparts for the 3 years after November 7, 2006.

	Owners or operators of the affected facilities described must make
one-time-only notifications.  Owners or operators are also required to
maintain records of the occurrence and duration of any startup,
shutdown, or malfunction in the operation of an affected facility, or
any period during which the monitoring system is inoperative.
Monitoring requirements specific to Equipment Leaks of VOC in Petroleum
Refineries provide information on which components are leaking VOCs.
NSPS Subpart GGG references the compliance requirements of NSPS Subpart
VV, and NSPS Subpart GGGa references the compliance requirements of NSPS
Subpart VVa.  Owners or operators are required to periodically (time
period varies depending on equipment type and leak history) record
information identifying leaking equipment, repair methods used to stop
the leaks, and dates of repair.  Semiannual reports are required to
measure compliance with the standards of NSPS Subparts VV and VVa as
referenced by NSPS Subparts GGG and GGGa.  These notifications, reports,
and records are essential in determining compliance and are required, in
general, of all sources subject to NSPS.  Any owner or operator subject
to the provisions of this part shall maintain a file of these
measurements, and retain the file for at least two years following the
date of such measurements, maintenance reports, and records.

	The Environmental Protection Agency’s (EPA’s) databases show that
approximately 45 sources are currently subject to Subpart GGG.  This
number is not expected to change in the 3 years after November 7, 2006.
In addition, although it is expected that no new refineries will be
built in this 3-year period, it is estimated that an additional 10
refiners per year will become subject to Subpart GGGa as refiners
construct new process units or either reconstruct or modify existing
process units.  For Subpart GGG, the labor hours are 6,495 per year and
the annual cost of the ICR will be $508,970.  For Subpart GGGa, the
labor hours are 4,216 per year and the annual cost of the ICR will be
$330,353.  All reports are sent to the delegated State or local
authority.  In the event that there is no such delegated authority, the
reports are sent directly to the EPA Regional Office.

2.   Need for and Use of the Collection

	2(a)  Need/Authority for the Collection

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

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

	The Agency refers to this charge as selecting the best demonstrated
technology (BDT).  Section 111 also requires that the Administrator
review and, if appropriate, revise such standards every four years.  In
addition, Section 114(a) States that the Administrator may require any
owner or operator subject to any requirement of this Act to:

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

	In the Administrator’s judgment, VOC emissions from Equipment Leaks
of VOC in Petroleum Refineries cause or contribute to air pollution that
may reasonably be anticipated to endanger public health or welfare.
Therefore, NSPS were promulgated for this source category at 40 CFR part
60, subparts GGG and GGGa.

	2(b)  Practical Utility/Users of the Data

	The control of emissions of VOC from equipment leaks in petroleum
refineries requires not only the installation of properly designed
equipment, but also the operation and maintenance of that equipment.
Emissions of VOC from equipment leaks in petroleum refineries are the
result of operation of the compressors and the group of all equipment
(e.g., valves, pumps, flanges, etc.) within a process unit in VOC
service.  These standards rely on the prevention of VOC emissions
through work practices, such as proper leak detection and timely repair.
 The notifications required in these standards are used to inform the
Agency or delegated authority when a source becomes subject to these
standards.  The reviewing authority may then inspect the source to check
if the leaks are being detected and repaired and the standard is being
met.

Performance test reports are needed, as these are the Agency’s record
of a source’s initial capability to comply with the emission standard
and serve as a record of the operating conditions under which compliance
was achieved.  NSPS Subpart GGG references NSPS Subpart VV for
compliance, and NSPS Subpart GGGa references NSPS Subpart VVa for
compliance.  Monthly monitoring of compressors and equipment in VOC
service under NSPS Subpart GGG shall take place as specified in NSPS
Subpart VV §60.485(b).  For valves, if no leaks are detected for two
successive months, monitoring may be performed once per quarter (see
§60.482-7(c)).  If a leak is detected, the equipment shall be monitored
monthly until a leak is not detected for two successive months.  Also,
leak location shall be recorded in a log, and this information shall be
kept available for two years.  Leaks shall be repaired within 15 days
and the date of successful repair shall be recorded in the log.
Additionally, an owner or operator may use specified equipment
eliminating the need for monitoring, or seek approval of alternative
emission limitations under other various sections of 40 CFR part 60,
subpart VV or VVa.

Semiannual reports shall be submitted itemizing the information for each
month.  Notifications are used to inform the Agency or delegated
authority when a source becomes subject to a standard.  The reviewing
authority may then inspect the source to check if the standard is being
met.  The semiannual reports are used for problem identification, as a
check on source operations and maintenance, and for compliance
determinations.  The information generated by the monitoring,
recordkeeping and reporting requirements described in this ICR is used
by the Agency to ensure that facilities affected by the NSPS continue to
identify and repair leaking equipment and achieve compliance with the
regulation.  Adequate monitoring, recordkeeping, and reporting are
necessary to ensure compliance with these standards, as required by the
Clean Air Act.  The additional records required by subpart GGGa have
been identified as additional information needed by Agency inspectors to
ensure compliance.  The information collected from recordkeeping and
reporting requirements is also used for targeting inspections, and is of
sufficient quality to be used as evidence in court.

3.  Nonduplication, Consultations, and Other Collection Criteria

The recordkeeping and reporting requested is required under 40 CFR part
60, subpart GGG and subpart GGGa.

	3(a)  Nonduplication

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

	3(b)  Public Notice Required Prior to ICR Submission to OMB

  SEQ CHAPTER \h \r 1 A public review and comment period followed
publication of the proposed amendments in the Federal Register.  Several
comments were received on the proposed standards and burden estimates.
In consideration of these comments, several changes in the standards and
compliance requirements were made that affected the burden estimates.

	3(c)  Consultations

	During development of the proposed amendments, EPA held meetings and
conference calls in which representatives of petroleum refining
companies and their trade associations (National Petroleum Refiners
Association and American Petroleum Institute) were provided an
opportunity to comment on the burden associated with the proposed
amendments.

	3(d)  Effects of Less Frequent Collection

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

	3(e)  General Guidelines

	None of the reporting or recordkeeping requirements contained in 40 CFR
part 60, subpart GGG or otherwise pertinent to this request violate any
of the regulations established by OMB in 5 CFR 1320.6.

	3(f)  Confidentiality

	The required information consists of emissions data and other
information that have been determined not to be private.  However, any
information submitted to the Agency for which a claim of confidentiality
is made will be safeguarded according to the Agency policies set forth
in Title 40, Chapter 1, Part 2, Subpart B - Confidentiality of Business
Information (see 40 CFR 2; 41 FR 36902, September 1, 1976; amended by 43
FR 40000, September 8, 1978; 43 FR 42251, September 20, 1978; 44 FR
17674, March 23, 1979).

	3(g)  Sensitive Questions

	None of the reporting or recordkeeping requirements contained in 40 CFR
part 60, subpart GGG or GGGa or otherwise pertinent to this request
contain sensitive questions.

4.  The Respondents and the Information Requested

	4(a)  Respondents/SIC Codes

	The respondents of the recordkeeping and reporting requirements are
petroleum refineries where the affected compressors or group of
equipment within a process unit commenced construction, modification, or
reconstruction after January 4, 1983.  The SIC code for the respondents
affected by the standards is SIC (U.S. Standard Industrial
Classification) Code 2911, which corresponds to the NAICS (North
American Industry Classification System) Code 324110 for petroleum
refineries where the affected compressors or group of equipment within a
process unit commenced construction, modification, or reconstruction
after January 4, 1983.

	4(b)  Information Requested

		(i)  Data Items

	All data in this ICR that is recorded and/or reported is required by 40
CFR part 60, subpart GGG or subpart GGGa.  These requirements are
summarized in the following tables.

	A source must make the following notifications and reports:

Notifications for 40 CFR Part 60, Subparts GGG and GGGa	Citation for
subpart GGG	Citation for subpart GGGa

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

Anticipated startup	60.7(a)(2)	60.7(a)(2)

Actual startup	60.7(a)(3)	60.7(a)(3)

Physical or operational change	60.7(a)(4)	60.7(a)(4)

Initial performance test	60.8(d)	60.8(d)

Alternative standard selected	60.487(d)	60.487a(d)

Reports for 40 CFR Part 60, Subparts GGG and GGGa	Citation for subpart
GGG	Citation for subpart GGGa

Initial performance test results	60.8(a)	60.8(a)

Comply with the provisions of 60.487	60.592(e)	60.592a(e)

Semiannual reports	60.486, 60.487(a) through (c)	60.486a, 60.487a(a)
through (c)

Performance test 	60.8, 60.487(e)	60.8, 60.487a(e)

	A source must keep the following records:

Recordkeeping for 40 CFR Part 60, Subparts GGG and GGGa	Citation for
subpart GGG	Citation for subpart GGGa

All measurements, monitoring device, and performance testing
measurements	60.7(e)	60.7(e)

Comply with the provisions of 60.486 or 60.486a	60.592(e)	60.592a(e)

The date and instrument reading of each monitored component must be
recorded 	N/A	60.486a(a)

Each detected leak shall be recorded in a log and kept for 2 years
60.486(c)	60.486a(c)

Information pertaining to design requirements or closed vent systems and
control devices 	60.486(d)	60.486a(d)

Equipment identification numbers and designations, and dates of
performance tests 	60.486(e)	60.486(e)(1) through (5)

Dates and results of weekly visual inspections	N/A	60.486a(e)(6)

Information related to instrument calibrations and drift checks	N/A
60.486a(e)(7)

Information pertaining to valves and pumps that are designated as unsafe
to monitor or difficult to monitor	60.486(f)	60.486a(f)

Information pertaining to valves complying with alternative compliance
requirements	60.486(g)	60.486a(g)

Design criteria and any changes	60.486(h)	60.486a(h)

Records for use in determining exemptions	60.486(i)	60.486a(i)

Information and data to demonstrate that a piece of equipment is not in
VOC service	60.486(j)	60.486a(j)

	Records are required to be retained for 2 years.

ii.  Respondent Activities

	The respondent activities required by 40 CFR part 60, subparts GGG and
GGGa are identified in the following table:

Respondent Activities

Read instructions

Perform initial performance test as per 40 CFR 60.485, Reference Method
21 and 22 tests, and repeat performance tests

Write the notifications and reports listed above

Enter information required to be recorded above

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

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

Develop, acquire, install, and utilize technology and systems for the
purpose of disclosing and providing information

Adjust the existing ways to comply with any previously applicable
instructions and requirements

Train personnel to be able to respond to a collection of information

Transmit or otherwise disclose the information

	As refiners replace/upgrade their monitoring equipment, they may choose
to use systems that automatically log the results of monitoring, which
can then be downloaded into a computer database.  This database can then
be used to develop the required reports.

5.  The Information Collected -- Agency Activities, Collection
Methodology, and Information Management

	5(a)  Agency Activities

	EPA conducts the following activities in connection with the
acquisition, analysis, storage, and distribution of the information
required under 40 CFR part 60, subparts GGG and GGGa:

Agency Activities

Observe initial performance tests and repeat performance tests if
necessary

Review notifications and reports, including performance test reports,
and other reports, required to be submitted by industry

Audit facility records

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

	5(b)  Collection Methodology and Management

	The required data and reports can be evaluated onsite by conducting a
partial compliance evaluation, full compliance evaluation or inspection,
or through offsite review of compliance monitoring records and reports.
Data and records maintained by the respondents are tabulated and
published for use in compliance and enforcement programs.  The
semiannual reports are used for problem identification, as a check on
source operation and maintenance, and for compliance determinations.

	Information contained in the reports is entered into the Air Facility
System (AFS), which is operated and maintained by EPA’s Office of
Compliance.  AFS is EPA’s database for the collection, maintenance,
and retrieval of compliance data for over 125,000 industrial and
government-owned facilities.  EPA uses the AFS for tracking air
pollution compliance and enforcement by local and State regulatory
agencies, and EPA Regional Offices and EPA Headquarters.  EPA and its
delegated authorities can edit, store, retrieve and analyze the data.
The records required by this regulation must be retained by the owner or
operator for two years.

	5(c)  Small Entity Flexibility

	A majority of the affected facilities are large businesses.  However,
the impact on small businesses was taken into consideration during
development of the regulation.  Due to technical considerations
involving the process operations and leak detection and repair programs,
the recordkeeping and reporting requirements are the same for both small
and large businesses.  The Agency considers these requirements to be the
minimum needed to ensure compliance and, therefore, cannot reduce them
further for small businesses.  To the extent that larger businesses can
use economies of scale to reduce their burden, the overall burden will
be reduced.

	For sources that install “leakless” components, monitoring may not
be required for those components.  Monitoring (and therefore,
recordkeeping) may also be reduced for sources that maintain low
percentages of leaking components.  Additionally, alternative means of
emission limitation are allowed after proper demonstration of their
effectiveness to the Administrator.

	5(d)  Collection Schedule

	The specific frequency for each information collection activity within
this request is shown in Table 2: Annual burden of reporting and
recordkeeping requirements as a result of NSPS Subpart GGG and in Table
4:  Annual burden of reporting and recordkeeping requirements as a
result of NSPS Subpart GGGa.

6.  Estimating the Burden and Cost of the Collection

	Tables 2 and 4 document the computation of individual burdens for the
recordkeeping and reporting requirements applicable to the industry for
the Subparts included in this ICR.  The individual burdens are expressed
under standardized headings believed to be consistent with the concept
of burden under the Paperwork Reduction Act.  Where appropriate,
specific tasks and major assumptions have been identified.  Responses to
this information collection are mandatory.  The Agency may not conduct
or sponsor, and a person is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.

	6(a)  Estimating Respondent Burden

	  Although monitoring of the various components may be required on a
weekly, monthly, quarterly, semi-annual or annual basis, given the
number of components that must be monitored at any facility, monitoring
overall is essentially occurring daily.  Therefore, it is assumed that
the average recordkeeping time for each day’s worth of monitoring for
both subpart GGG and subpart GGGa is 0.3 hours and that monitoring is
done 365 days a year.  An additional 0.10 hours per day are estimated
for a typical refinery to complete the new recordkeeping tasks required
by subpart GGGa.  These tasks include collecting and maintaining records
of all instrument readings (3 minutes per day), daily instrument
calibrations and drift checks (3 minutes per day), and weekly pump
inspections (15 minutes per week).  Instrument readings are assumed to
be collected electronically; thus, the additional time is for
downloading additional data and organizing it for storage.  Smaller
facilities may record instrument readings manually.  For a facility with
a typical process, an average of 0.013 hours per day was estimated to
prepare and print recordkeeping forms and to manually record the
instrument readings on the forms.  This includes 2 hr/yr to prepare and
print recordkeeping forms and 10 seconds to record each reading for 9
pumps monitored monthly and 452 valves monitored semiannually. The time
to prepare reports is estimated to be the same under both subparts
because the information in the new records must be maintained on-site,
but it does not have to be reported.

The average annual burden to industry over the three years from these
recordkeeping and reporting requirements is estimated at 6,495
person-hours for subpart GGG and 4,216 person-hours for subpart GGGa.
These hours are based on Agency studies and background documents from
the development of the standards or test methods, Agency knowledge and
experience with the NSPS program, the previously approved ICR, and any
comments received.

	6(b)  Estimating Respondent Costs

		(i)  Estimating Labor Costs

	This ICR uses labor rates of $80.41 per hour for technical, $120.92 per
hour for managerial and $36.67 for clerical.  These rates are from the
United States Department of Commerce Bureau of Labor Statistics, “May
2006 National Industry-specific Occupational Employment and Wage
Estimates; NAICS 324000 – Petroleum and Coal Products
Manufacturing.”  The wage rates have been increased by 110% to account
for the benefit packages available to those employed by private
industry.

		(ii)  Estimating Capital and Operations and Maintenance Costs

	The only industry costs associated with the information collection
activity in the standards are labor costs.  There are no capital/startup
or operation and maintenance costs.  The type of industry costs
associated with the information collection activity in the standards are
labor costs and maintenance costs for the VOC monitors.  Monitoring
equipment for leaks is standard in the industry for safety reasons.  To
the extent possible, the requirements of this standard are consistent
with industry practice.  Consequently, there are no capital or O&M costs
associated with this standard.

		(iii)  Capital/Start-up vs. Operation and Maintenance (O&M) Costs

	This is not applicable since this is a leak detection and repair
program with no continuous monitoring equipment, as stated in the
previous section.

	6(c)  Estimating Agency Burden and Cost

	The only costs to the Agency are those costs associated with analysis
of the reported information.  Publication and distribution of the
information are part of the AFS program.  Examination of records to be
maintained by the respondents will occur as part of the periodic
inspection of sources, which is part of EPA’s overall compliance and
enforcement program.

	The average annual Agency cost during the 3 years of the ICR is
estimated to be $17,138 for subpart GGG (from Table 1) and $25,975 for
subpart GGGa (from Table 3).  This cost is based on a combination of
technical hours (GS 12 Step 1 multiplied by a 1.6 benefits
multiplication factor to account for government overhead expenses, for a
total of $42.45/hr), managerial hours (GS-13 Step 5 multiplied by 1.6
for a total of $57.20/hr), and clerical hours (GS-6 Step 3 multiplied by
1.6 for a total of $22.96/hr).  The wage rates are from the 2006 General
Schedule from the Office of Personnel Management.  Details of the
analysis appear in Table 1: Average annual EPA resource requirements
resulting from NSPS Subpart GGG and Table 3: Average annual EPA resource
requirements resulting from NSPS Subpart GGGa.

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

Respondent Universe 1 (Subpart GGG):

Regulation Citation:  40 CFR Part 60, Subpart GGG	(A)

No. of Existing Sources	(B)

No. of Reports for Existing Sources	(C)

Total Annual Responses (AxB)

First year	45	2	90

Second year	45	2	90

Third year	45	2	90

	The number of total respondents in each year is 45.  The number
represents the number of existing sources averaged over the three-year
period.

	The number of Total Annual Responses in each year is 90.  The total
annual labor costs are $508,970.  The number of burden hours on which
this estimate is based  is 6,495.  Details upon which this estimate is
based appear in Table 2: Annual burden of reporting and recordkeeping
requirements as a result of NSPS Subpart GGG.

	The total annual capital and O&M costs to the regulated entity are zero
dollars.  Capital and O&M costs are not applicable since this is a leak
detection and repair program with no continuous monitoring equipment
used.

Respondent Universe 2 (Subpart GGGa):

Regulation Citation:  40 CFR Part 60, Subpart GGGa	(A)

No. of New Sources/Year	(B)

No. of Initial Reports for New Sources	(C)

No. of Existing Sources	(D)

No. of Reports for Existing Sources	(E)

Total Annual Responses

(AxB+CxD)

First year 	10	4	0	2	40

Second year 	10	4	10	2	60

Third year 	10	4	20	2	80

Each year 10 new plants are subject to initial notification
requirements.  In addition, in any given year, all of the new facilities
from preceding years are subject to semiannual reporting requirements.
Thus, an average of 20 facilities per year are subject to subpart GGGa
over the three-year period.

	The average number of Total Annual Responses per year is 60.  The total
annual labor costs are $330,353.  The number of burden hours on which
this estimate is based is 4,216.  Details upon which this estimate is
based appear in Table 4: Annual burden of reporting and recordkeeping
requirements as a result of NSPS Subpart GGGa.

	The total annual capital and O&M costs to the regulated entity are zero
dollars.  Capital and O&M costs are not applicable since this is a leak
detection and repair program with no continuous monitoring equipment
used.

	6(e)  Bottom Line Burden Hours and Cost Tables

	The bottom line burden hours and cost table for both the Agency and the
respondents appear below (Tables 1, 2, 3, and 4).

	6(f)  Reasons for Change in Burden

	The increase in burden cost from the most recently approved ICR is due
to three reasons.  First, the new standards in subpart GGGa require the
same recordkeeping and reporting tasks as in subpart GGG as well as some
additional recordkeeping requirements.  Second, a higher number of new
sources are subject to the new subpart GGGa than would have been subject
to subpart GGG in the absence of the new standards.  This is because
many refineries already have process units that are subject to subpart
GGG.  Construction, reconstruction, or modification of another process
unit at these facilities would not increase the number of new facilities
subject to subpart GGG, but it does increase the number of new sources
subject to subpart GGGa.  Third, the revised analysis for this ICR
includes time for management and clerical workers as well as technical
staff.

	6(g)  Burden Statement

	The annual public reporting and recordkeeping burden for this
collection of information is estimated to average 72 hours per response
for subpart GGG and 70 hours per response for subpart GGGa.  Burden
means the total time, effort, or financial resources expended by persons
to generate, maintain, retain, or disclose or provide information to or
for a Federal agency.  This includes the time needed to review
instructions; develop, acquire, install, and utilize technology and
systems for the purposes of collecting, validating, and verifying
information, processing and maintaining information, and disclosing and
providing information; adjust the existing ways to comply with any
previously applicable instructions and requirements; train personnel to
be able to respond to a collection of information; search data sources;
complete and review the collection of information; and transmit or
otherwise disclose the information.  An agency may not conduct or
sponsor, and a person is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.
The OMB control numbers for EPA’s regulations are listed in 40 CFR
part 9 and 48 CFR chapter 15.

	To comment on the Agency’s need for this information, the accuracy of
the provided burden estimates, and any suggested methods for minimizing
respondent burden, including the use of automated collection techniques,
EPA has established a public docket for this ICR under

Docket ID Number EPA-HQ-OAR-2006-0699, which is available for online
viewing at

www.regulations.gov, or in person viewing at the Air and Radiation
Docket and Information

Center in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301
Constitution

Avenue, NW, Washington, D.C.  The EPA Docket Center Public Reading Room
is open from

8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.
The telephone number for the Reading Room is<PHONE_NUMBER>, and the
telephone number for the Air and Radiation

Docket and Information Center is<PHONE_NUMBER>.  An electronic version
of the public docket is available at www.regulations.gov.  This site can
be used to submit or view public comments, access the index listing of
the contents of the public docket, and to access those documents in the
public docket that are available electronically.  When in the system,
select “search,” then key in the Docket ID Number identified above.
Also, you can send comments to the Office of

Information and Regulatory Affairs, Office of Management and Budget, 725
17th Street, NW,

Washington, D.C. 20503, Attention: Desk Officer for EPA.  Please include
the EPA Docket ID

Number EPA-HQ-OAR-2006-0699 and OMB Control Number 2060-0067 in any
correspondence.

Part B of the Supporting Statement

	This part is not applicable because no statistical methods were used in
collecting this informationTABLE 1: AVERAGE ANNUAL EPA RESOURCE
REQUIREMENTS RESULTING FROM NSPS SUBPART GGG.

Activity	(A)  EPA Hours/ Occurrence	(B)  Occurrences/ Plant/Year	(C)
EPA Hours/ Plant/Yeara	(D)  Plants/Year	(E)  EPA  Technical Hours/ Yearb
(F) EPA Managerial Hours/Year

(E x 0.05)	(G) EPA Clerical Hours/Year

(E x 0.10)

Initial Performance Tests (New Plants)	24	1	24	0	0	0	0

Repeat Performance Testsc (New Plants)	24	0.2	4.8	0	0	0	0

Report Review (New Plants)

	Notification of construction	2	1	2	0	0	0	0

Notification of anticipated startup	0.5	1	0.5	0	0	0	0

Notification of actual startup	0.5	1	0.5	0	0	0	0

Notification of initial test	0.5	1.2	0.6	0	0	0	0

Review test results	8	1.2	9.6	0	0	0	0

Report Review (Existing Plants)

	Emission Reports	4	2	8	45	360	18	36

Total Annual Hours

	360	18	36

Travel Expenses = (1 person x 0 plants/year x 3 days/plant x $50 per
diem) + ($250 round trip/plant x 2 plants/year) = $0/year

Salaryd =  (360 hours/year x $42.45/hour) + (18 hours/year x
$57.20/hour) + (36 hours/year x $22.96/hour) = $17,138/year

Total Annual Cost = $0 + $17,138 = $17,138

a  C = A x B

b  E = C x D

c  Assume 20% of initial performance tests must be repeated due to
failure

d  Estimate is based on a combination of technical hours (GS 12 Step 1
multiplied by a 1.6 benefits multiplication factor to account for
government overhead expenses, for a total of $42.45), managerial hours
(GS-13 Step 5 multiplied by 1.6 for a total of $57.20), and clerical
hours (GS-6 Step 3 multiplied by 1.6 for a total of $22.96).   Wages are
from the 2006 General Schedule from the Office of Personnel Management

TABLE 2: ANNUAL BURDEN OF REPORTING AND RECORDING REQUIREMENTS AS A
RESULT OF NSPS SUBPART GGGa

	(A)  Hours per Occur-rence	(B)  Occurrences/ Respondent/Year	(C)
Hours/ Respondent/Year

(A x B)	(D)  Respondents/ Year	(E)  Technical Hours/ Year

(C x D)	(F) Managerial Hours/Year (E x 0.05)	(G) Clerical Hours/Year (E
x 0.10)	(H)  Cost/ Year

1. APPLICATIONS (Not Applicable)

2. SURVEY AND STUDIES (Not Applicable)

3. REPORT REQUIREMENTS

A. Read Instructions	1	1	1	0	0	0	0	0

B. Required Activities

Initial performance test	24	1	24	0	0	0	0	0

Repeat performance test	24	1	24	0 b	0	0	0	0

C. Create Information (Included in 3B)

D. Gather Existing Information (Included in 3E)

E. Write Report

Notification of construction or reconstruction	2	1	2	0	0	0	0	0

Notification of anticipated startup	2	1	2	0	0	0	0	0

Notification of actual startup	2	1	2	0	0	0	0	0

Notification of initial performance test	2	1	2	0	0	0	0	0

Report of performance test (Included in 3B)

Semiannual work practice reports	8	2	16	45 c	720	36	72	64,889

4. RECORDKEEPING REQUIREMENTS

A. Read Instructions (Included in 3A)

B. Plan Activities (Included in 3B)

C. Implement Activities (Included in 3B)

D. Develop Record System (Not Applicable)

E. Time to Enter Information

Records of operating parameters e	0.3	365 d	109.5	45 c	4,928	246	493
444,081

F. Train Personnel (Not Applicable)

G. Audits (Not Applicable)

5. TOTAL ANNUAL BURDEN

	5,648	282	565	$508,970

a  Only existing facilities because all new sources will be subject to
subpart GGGa.

b  Assume 20% of initial performance tests must repeat due to failure.

c  Assume operation is 365 days per year as specified in the NSPS review
document.

d  Assume that average number of affected facilities over the next three
years is equal to the current number of facilities (45) because affected
facilities after November 7, 2006 will be subject to subpart GGGa
instead of subpart GGG.

e  Although monitoring of the various components may be required on a
weekly, monthly, quarterly, semi-annual or annual basis, given the
number of components that must be monitored at any facility, monitoring
overall is essentially occurring daily.  Therefore, it is assumed that
the average recordkeeping time for each day’s worth of monitoring is
0.3 hours and that monitoring is done 365 days per year.

TABLE 3: AVERAGE ANNUAL EPA RESOURCE REQUIREMENTS RESULTING FROM NSPS
SUBPART GGGa.

Activity	(A)  EPA Hours/ Occurrence	(B)  Occurrences/ Plant/Year	(C)
EPA Hours/ Plant/Yeara	(D)  Plants/Year	(E)  EPA Technical Hours/ Yearb
(F) EPA Managerial Hours/Year	(G) EPA Clerical Hours/Year

Initial Performance Tests (New Plants)	24	1	24	10	240	12	24

Repeat Performance Testsc (New Plants)	24	0.2	4.8	2c	9.6	0.48	1

Report Review (New Plants)

	Notification of construction	2	1	2	10	20	1	2

Notification of anticipated startup	0.5	1	0.5	10	5	0.25	0.5

Notification of actual startup	0.5	1	0.5	10	5	0.25	0.5

Notification of initial test	0.5	1.2	0.6	10	6	0.3	0.6

Review test results	8	1.2	9.6	10	96	4.8	9.6

Report Review (Existing Plants)

	Emission Reports	4	2	8	10	80	4	8

Total Annual Hours

	461.6	23.1	46.2

Travel Expenses = (1 person x 10 plants/year x 3 days/plant x $50 per
diem) + ($250 round trip/plant x 10 plants/year) = $4,000/year

Salaryd = (461.6 hours/year x $42.45/hour) + (23.1 hours/year x
$57.20/hour) + (46.2 hours/year x $22.96/hour) = $21,975/year

a  C = A x B

b  E = C x D

c  Assume 20% of initial performance tests must be repeated due to
failure

d  Estimate is based on a combination of technical hours (GS-12 Step 1
multiplied by a 1.6 benefits multiplication factor to account for
government overhead expenses for a total of $42.45), managerial hours
(GS-13 Step 5 multiplied by 1.6 for a total of $57.20), and clerical
hours (GS-6 Step 3 multiplied by 1.6 for a total of $22.96).   Wages are
from the 2006 General Schedule from the Office of Personnel Management.

TABLE 4: ANNUAL BURDEN OF REPORTING AND RECORDING REQUIREMENTS AS A
RESULT OF NSPS SUBPART GGGaa

	(A)  Hours per Occur-rence	(B)  Occurrences/ Respondent/Year	(C)
Hours/ Respondent/Year

(A x B)	(D)  Respondents/ Year	(E)  Technical Hours/Year

(C x D)	(F) Managerial Hours/Year (E x 0.05)	(G) Clerical Hours/Year (E
x 0.10)	(F)  Cost/ Year

1. APPLICATIONS (Not Applicable)

2. SURVEY AND STUDIES (Not Applicable)

3. REPORT REQUIREMENTS

A. Read Instructions	1	1	1	10	10	0.5	1	901

B. Required Activities

Initial performance test	24	1	24	10	240	12	24	21,630

Repeat performance test	24	1	24	2 b	48	2.4	4.8	4,326

C. Create Information (Included in 3B)

D. Gather Existing Information (Included in 3E)

E. Write Report

Notification of construction or reconstruction	2	1	2	10	20	1	2	1,802

Notification of anticipated startup	2	1	2	10	20	1	2	1,802

Notification of actual startup	2	1	2	10	20	1	2	1,802

Notification of initial performance test	2	1	2	10	20	1	2	1,802

Report of performance test (Included in 3B)

Semiannual work practice reports	8	2	16	20 d	320	16	32	28,839

4. RECORDKEEPING REQUIREMENTS

A. Read Instructions (Included in 3A)

B. Plan Activities (Included in 3B)

C. Implement Activities (Included in 3B)

D. Develop Record System (Not Applicable)

E. Time to Enter Information

Records of operating parameters at large refiners e	0.40	365 c	148	17.4
d,f	2,571	129	257	231,700

Records of operating parameters for small refiners	0.42g	365 c	153	2.6
d,f	397	20	40	35,747

F. Train Personnel (Not Applicable)

G. Audits (Not Applicable)

5. TOTAL ANNUAL BURDEN

	3,666	183	367	$330,353

a  Estimating that there are approximately 30 refineries (respondents)
which become subject over a 3-year period.  The number of new sources
per year equals 30/3 = 10.

b  Assume 20% of initial performance tests must repeat due to failure.

c  Assume operation is 365 days per year as specified in the NSPS review
document.

d  Assume that average number of affected facilities over the next three
years is estimated by the number of affected facilities in the second
year (10 new and 10 existing).

e  Although monitoring of the various components may be required on a
weekly, monthly, quarterly, semi-annual or annual basis, given the
number of components that must be monitored at any facility, monitoring
overall is essentially occurring daily.  An additional 0.10 hours per
day are needed to complete the tasks required by the new standards.

f  Assume 26 percent of the new process units per year are at small
refineries and half of those use manual recordkeeping of instrument
readings (20 x 0.26 x 0.5 = 2.6).

g  Estimated that most facilities need an additional 0.10 hours per day
to complete the tasks required by the new standards.  Estimated that
0.113 hours per day are needed for small refineries with manual
recordkeeping of instrument readings.

 PAGE

 PAGE   1