[Federal Register Volume 79, Number 28 (Tuesday, February 11, 2014)]
[Rules and Regulations]
[Pages 8090-8091]
[FR Doc No: 2014-02841]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2011-0833; FRL-9906-35-Region 8]

Approval and Promulgation of Air Quality Implementation Plan;
State of Colorado Second Ten-Year PM10 Maintenance Plan for
Telluride

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action approving State Implementation Plan (SIP) revisions submitted by
the State of Colorado. On March 31, 2010, the designee of the Governor
of Colorado submitted to EPA a revised maintenance plan for the
Telluride area for the 24-hour National Ambient Air Quality Standards
(NAAQS) for particulate matter with an aerodynamic diameter less than
or equal to 10 microns (PM10), and the SIP was adopted on
November 19, 2009. As required by Clean Air Act (CAA) section 175A,
this revised maintenance plan addresses maintenance of the
PM10 standard for a second 10-year period beyond the area's
original redesignation to attainment for the PM10 NAAQS. In
addition, EPA is taking final action approving the revised maintenance
plan's 2021 transportation conformity motor vehicle emissions budget
for PM10. Also, we are taking final action to exclude
exceedances of the PM10 NAAQS that were recorded at the
Telluride PM10 monitor on April 5, 2010 and April 16, 2013,
from use in determining whether or not Telluride continues to attain
the PM10 NAAQS, because they meet the criteria for
exceptional events caused by high wind natural events. This action is
being taken under sections 110 and 175A of the CAA.

DATES: This final rule is effective March 13, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R08-OAR-2011-0833. All documents in the docket are listed on
the www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, e.g., Confidential Business
Information (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 through www.regulations.gov or in hard copy at the Air
Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop
Street, Denver, Colorado 80202-1129. EPA requests that if at all
possible, you contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section to view the hard copy of the docket. You
may view the hard copy of the docket Monday through Friday, 8:00 a.m.
to 4:00 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Crystal Ostigaard, Air Program, U.S.
Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595 Wynkoop
Street, Denver, Colorado 80202-1129,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Definitions

    For the purpose of this document, we are giving meaning to certain
words or initials as follows:
    (i) The words or initials Act or CAA mean or refer to the Clean Air
Act, unless the context indicates otherwise.
    (ii) The words Colorado and State mean or refer to the State of
Colorado.
    (iii) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
    (iv) The initials MVEB mean or refer to motor vehicle emissions
budget.
    (v) The initials NAAQS mean or refer to National Ambient Air
Quality Standard.
    (vi) The initials NPR mean or refer to a notice of proposed
rulemaking.
    (vii) The initials PM10 mean or refer to particulate
matter with an aerodynamic diameter of less than or equal to 10
micrometers (coarse particulate matter).
    (viii) The initials SIP mean or refer to State Implementation Plan.

Table of Contents

I. Background
II. Final Action
III. Statutory and Executive Orders Review

I. Background

    On November 29, 2013, we published a notice of proposed rulemaking
(NPR) in which we proposed to approve the revised Telluride
PM10 Maintenance Plan that Colorado submitted to us on March
31, 2010. We proposed to approve the revised maintenance plan because
it demonstrates maintenance through 2021 as required by CAA section
175A(b), retains the control measures from the initial PM10
maintenance plan that EPA approved in June of 2001, and meets other CAA
requirements for a section 175A maintenance plan. We also proposed to
exclude from use in determining whether or not Telluride continues to
attain the 24-hour PM10 NAAQS exceedances of the 24-hour
PM10 NAAQS that were recorded at the Telluride
PM10 monitor on April 5, 2010 and April 16, 2013 because
they meet the criteria for exceptional events caused by high wind
natural events. In addition, we proposed to approve the revised
maintenance plan's 2021 transportation conformity motor vehicle
emissions budget (MVEB) for PM10 of 1,108 lbs/day.
    We received no comments regarding our proposed actions and are
finalizing those actions as proposed. For further details regarding the
bases for our actions, please see our NPR at 78 FR 71550 (November 29,
2013).

II. Final Action

    We are approving the revised Telluride PM10 Maintenance
Plan that was submitted to us on March 31, 2010. We are approving the
revised maintenance plan because it demonstrates maintenance through
2021 as required by CAA section 175A(b), retains the control measures
from the initial PM10 maintenance plan that EPA approved in
June of 2001, and meets other CAA requirements for a section 175A
maintenance plan. We are excluding from use in determining whether or
not Telluride continues to attain the 24-hour PM10 NAAQS
exceedances of the 24-hour PM10 NAAQS that were recorded at
the Telluride PM10 monitor on April 5, 2010 and April 16,
2013 because they meet the criteria for exceptional events caused by
high wind natural events. We are also approving the revised maintenance
plan's 2021 transportation conformity MVEB for PM10 of 1,108
lbs/day.\1\
---------------------------------------------------------------------------

    \1\ As noted in our NPR, the 2012 PM10 MVEB of 10,001
lbs/day from the original PM10 maintenance plan must
continue to be used for analysis years 2012 through 2020 (as long as
such years are within the timeframe of the transportation plan),
unless the State elects to submit a SIP revision to revise the 2012
PM10 MVEB and EPA approves the SIP revision. 78 FR 71553-
71554.
---------------------------------------------------------------------------

III. Statutory and Executive Orders Review

    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 April 14, 2014. 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. 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, Intergovernmental
relations, Incorporation by reference, Particulate matter, Reporting
and recordkeeping requirements.

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

    Dated: January 27, 2014.
Shaun L. McGrath,
Regional Administrator, Region 8.

    40 CFR part 52 is amended to read as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart G--Colorado

0
2. Section 52.332 is amended by adding paragraph (s) to read as
follows:

Sec.  52.332  Control strategy: Particulate Matter.

* * * * *
    (s) Revisions to the Colorado State Implementation Plan,
PM10 Revised Maintenance Plan for Telluride, as adopted by
the Colorado Air Quality Control Commission on November 19, 2009, State
effective on December 30, 2009, and submitted by the Governor's
designee on March 31, 2010. The revised maintenance plan satisfies all
applicable requirements of the Clean Air Act.

[FR Doc. 2014-02841 Filed 2-10-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: December 22, 2009 (Volume 74, Number 244)]
[Notices]
[Page 68089]
[DOCID:fr22de09-76]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activity Seeking OMB Approval

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice

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SUMMARY: The FAA invites public comments about our intention to request
the Office of Management and Budget's (OMB) revision of a current
information collection. The Federal Register Notice with a 60-day
comment period soliciting comments on the following collection of
information was published on October 16, 2009, vol. 74, no. 199, page
53311. The information collected is needed for the applicant's noise
certification compliance report in order to demonstrate compliance with
14 CFR part 36.

DATES: Please submit comments by January 21, 2010.

FOR FURTHER INFORMATION CONTACT: Carla Mauney at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Federal Aviation Administration (FAA)

    Title: Noise Certification Standards for Subsonic Jet Airplanes and
Subsonic Transport Category Large Airplanes.
    Type of Request: Extension without change of a currently approved
collection.
    OMB Control Number: 2120-0659.
    Forms(s): There are no FAA forms associated with this collection.
    Affected Public: An estimated 10 Respondents.
    Frequency: This information is collected on occasion.
    Estimated Average Burden per Response: Approximately 135 hours per
response.
    Estimated Annual Burden Hours: An estimated 1,350 hours annually.
    Abstract: Sections A36.5.2 and A<IP_ADDRESS> of the Federal Aviation
Administration (FAA) noise certification standards for subsonic jet
airplanes and subsonic transport category large airplanes (14 CFR part
36) contain information collection requirements. The information
collected is needed for the applicant's noise certification compliance
report in order to demonstrate compliance with part 36.

ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and Budget. Comments should be
addressed to the attention of the Desk Officer, Department of
Transportation/FAA, and sent via electronic mail to oira_
<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>, or mailed to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, Docket Library, Room 10102, 725 17th Street, NW., Washington,
DC 20503.
    Comments are invited on: Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Department, including whether the information will have practical
utility; the accuracy of the Department's estimates of the burden of
the proposed information collection; ways to enhance the quality,
utility, and clarity of the information to be collected; and ways to
minimize the burden of the collection of information on respondents,
including the use of automated collection techniques or other forms of
information technology.

    Issued in Washington, DC, on December 14, 2009.
Carla Mauney,
FAA Information Collection Clearance Officer, IT Enterprises Business
Services Division, AES-200.
[FR Doc. E9-30308 Filed 12-21-09; 8:45 am]

BILLING CODE 4910-13-M


[Federal Register: August 7, 2009 (Volume 74, Number 151)]
[Notices]
[Page 39694-39695]
[DOCID:fr07au09-71]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM98-1-000]

Records Governing Off-the-Record Communications; Public Notice

July 31, 2009.
    This constitutes notice, in accordance with 18 CFR 385.2201(b), of
the receipt of prohibited and exempt off-the-record communications.
    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission
decisional employees, who make or receive a prohibited or exempt off-
the-record communication relevant to the merits of a contested
proceeding, to deliver to the Secretary of the Commission a copy of the
communication, if written, or a summary of the substance of any oral
communication.
    Prohibited communications are included in a public, non-decisional
file associated with, but not a part of, the decisional record of the
proceeding. Unless the Commission determines that the prohibited
communication and any responses thereto should become a part of the
decisional record, the prohibited off-the-record communication will not
be considered by the Commission in reaching its decision. Parties to a
proceeding may seek the opportunity to respond to any facts or
contentions made in a prohibited off-the-record communication, and may
request that the Commission place the prohibited communication and
responses thereto in the decisional record. The Commission will grant
such a request only when it determines that fairness so requires. Any
person identified below as having made a prohibited off-the-record
communication shall serve the document on all parties listed on the
official service list for the applicable proceeding in accordance with
Rule 2010, 18 CFR 385.2010.
    Exempt off-the-record communications are included in the decisional
record of the proceeding, unless the communication was with a
cooperating agency as described by 40 CFR 1501.6, made under 18 CFR
385.2201(e)(1)(v).
    The following is a list of off-the-record communications recently
received by the Secretary of the Commission. The communications listed
are grouped by docket numbers in ascending order. These filings are
available for review at the Commission in the Public Reference Room or
may be viewed on the Commission's Web site at http://www.ferc.gov using
the eLibrary link. Enter the docket number, excluding the last three
digits, in the docket number field to access the document. For
assistance, please contact FERC, Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.
    Exempt:

----------------------------------------------------------------------------------------------------------------
                  Docket No.                    File date                  Presenter or requester
----------------------------------------------------------------------------------------------------------------
1. CP09-54-000...............................     7-20-09  Hon. Jon M. Huntsman, Jr.
2. P-2210-169................................     7-23-09  Dan McClintock.\1\
3. P-13283-000...............................     7-21-09  Hon. John. Cameron Henry, Jr.
----------------------------------------------------------------------------------------------------------------
\1\ E-mail communication to staff.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E9-18918 Filed 8-6-09; 8:45 am]


[Federal Register Volume 75, Number 239 (Tuesday, December 14, 2010)]
[Rules and Regulations]
[Pages 77758-77760]
[FR Doc No: 2010-31220]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2010-0435; FRL-9237-9]

Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Limiting Emissions of Volatile Organic Compounds From
Portable Fuel Containers

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a revision to
Delaware's State Implementation Plan (SIP). This SIP revision includes
an amendment to Delaware's regulation for Volatile Organic Compounds
(VOC) from Consumer and Commercial Products, Section 3.0--Portable Fuel
Containers. This amendment will reduce VOC emissions from portable fuel
containers, and therefore, will help Delaware attain and maintain the
national ambient air quality standard (NAAQS) for ozone. This action is
being taken under the Clean Air Act (CAA).

DATES: This rule is effective on February 14, 2011 without further
notice, unless EPA receives adverse written comment by January 13,
2011. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2010-0435 by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. E-mail<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2010-0435, Marilyn Powers, Acting Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.

    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2010-0435. 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 information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. 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 during normal business hours at the
Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the
State submittal are available at the Delaware Department of Natural
Resources and Environmental Control, 89 Kings Highway, P.O. Box 1401,
Dover, Delaware 19903.

FOR FURTHER INFORMATION CONTACT: Irene Shandruk,<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On April 1, 2010, Delaware submitted to EPA
a SIP revision concerning Delaware's regulation for reducing VOCs from
portable fuel containers (i.e. gas cans) in Delaware (Regulation No.
1141--Limiting Emissions of Volatile Organic Compounds from Consumer
and Commercial Products, Section 3.0--Portable Fuel Containers).

I. Background

    Regulation No. 1141--Limiting Emissions of Volatile Organic
Compounds from Consumer and Commercial Products, Section 3.0--Portable
Fuel Containers is concerned specifically with the use of portable fuel
containers and reducing refueling emissions from equipment and engines
that are predominantly refueled with portable containers. On November
22, 2002 (67 FR 57776), EPA approved the previous version of Section
3.0.
    Effective January 1, 2009, the EPA began to regulate emissions from
portable fuel containers (see, 72 FR 8428). The Federal rule provides
more stringent emission control of portable fuel containers, and
thereby achieves greater VOC emission reductions than the current
Delaware regulation. Delaware, therefore, revised Regulation No. 1141
such that it does not apply to portable fuel containers manufactured on
and after January 1, 2009, and that Delaware instead rely on the
Federal rule to control emissions from this source.

II. Summary of SIP Revision

    On April 1, 2010, the Delaware Department of Natural Resources and
Environmental Control (DNREC) submitted a revision to the Delaware
State Implementation Plan (SIP) that consists of Delaware's regulation
for reducing volatile organic compounds (VOCs) from portable fuel
containers (i.e. gas cans) in Delaware (Regulation No. 1141--Limiting
Emissions of Volatile Organic Compounds from Consumer and Commercial
Products, Section 3.0--Portable Fuel Containers). The revision to
Regulation No. 1141 amends existing Section 3.0--Portable Fuel
Containers. The effective date of this regulation was April 11, 2010.
    Regulation No. 1141, Section 3.0 is revised to apply to any
portable fuel container or spout or both portable fuel container and
spout manufactured between January 1, 2003 and December 31, 2008. It
eliminates the applicability of Section 3.0 to portable fuel containers
manufactured on and after January 1, 2009, and instead these portable
fuel containers are regulated by Federal regulation (see, 72 FR 8428).

III. Final Action

    EPA is approving the Delaware SIP revision pertaining to Delaware's
adoption of the Federal rule for portable fuel containers. This
revision will result in greater VOC emission reductions from portable
fuel containers, continuing to help Delaware attain and maintain NAAQS
for ozone. EPA is publishing this rule without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comment. However, in the ``Proposed Rules'' section of
today's Federal Register, EPA is publishing a separate document that
will serve as the proposal to approve the SIP revision if adverse
comments are filed. This rule will be effective on February 14, 2011
without further notice unless EPA receives adverse comment by January
13, 2011. If EPA receives adverse comment, EPA will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect. EPA will address all public comments in a
subsequent final rule based on the proposed rule. EPA will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time.

IV. Statutory and Executive Order Reviews

A. General Requirements

    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.

B. Submission to Congress and the Comptroller General

    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).

C. Petitions for Judicial Review

    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 February 14, 2011. 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 pertaining to Delaware's portable
fuel containers regulation 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, Incorporation by
reference, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.

    Dated: November 30, 2010.
W.C. Early,
Acting Regional Administrator, Region III.

0
40 CFR part 52 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 I--Delaware

0
2. In Sec.  52.420, the table in paragraph (c) is amended by revising
the entry for Regulation 1141, Section 3.0 to read as follows:

Sec.  52.420  Identification of plan.

* * * * *
    (c) * * *

                                  EPA-Approved Regulations in the Delaware SIP
----------------------------------------------------------------------------------------------------------------
                                                        State effective                           Additional
State regulation  (7 DNREC 1100)     Title/subject           date          EPA approval date      explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
1141............................   Limiting Emissions of Volatile Organic Compounds from Consumer and Commercial
                                                                      Products

                                                  * * * * * * *
Section 3.0.....................  Portable Fuel       4/11/10...........  12/14/10 [Insert
                                   Containers.                             page number where
                                                                           the document
                                                                           begins].

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

* * * * *
[FR Doc. 2010-31220 Filed 12-13-10; 8:45 am]
BILLING CODE 6560-50-P


                             SUPPORTING STATEMENT
                        ENVIRONMENTAL PROTECTION AGENCY

1. Identification of the Information Collection

	1(a) 	Title of the Information Collection

	Monthly Progress Reports (Renewal), EPA ICR Number 1039.15, OMB Control Number 2030-0005.

			1(b)	Short Characterization/Abstract

	This Information Collection Request is an extension of Number 1039.14. Every month the Office of Acquisition Management (OAM) requires contractors provide the Contract Contracting Officer's Representative (COR) with a report detailing: (a) what was accomplished on the contract during that period; (b) expenditures for the same period of time; and (c) what remains to be done. This allows the Contract COR to monitor the efficiency and cost effectiveness of the work being performed. This information is being collected because appropriate Government surveillance of contractor performance is required to give reasonable assurance that efficient methods and effective cost controls are being used for various cost-reimbursable and fixed-rate contracts. The information is used by Government personnel to monitor contract performance. EPA estimates that approximate 337 contracts and orders are subject to these reporting requirements. Monthly progress reports are submitted electronically and stored as a paper copy, and on the electronic contract-writing system EAS Acquisition System (EAS) in accordance with applicable record retention schedules.

2.  Need for and Use of the Collection

		2(a) Need/Authority for the Collection

	Federal Acquisition Regulation (FAR) 16.301-3(a)(4) and 16.601(c)(1) require that cost-reimbursement, time-and-material and labor-hour contracts are monitored in terms of financial and technical efficiency. Environmental Protection Agency Acquisition Regulation (EPAAR) 1511.011-72 prescribes clause 1552.211-72, Monthly Progress Report which provides the specific requirements for progress reports which is used for these types of contracts.

      2(b) Practical Utility/Users of the Data

	Progress reports will be used by the Contract COR to monitor the contractor's progress under a specific contract. If problems with the contractor's performance arise, the contracting officer may also review the progress reports to determine what action may need to be taken.

3.  Nonduplication, Consultations, and other Collection Criteria

      3(a) Nonduplication

	Monthly progress reports are unique to each contract. Information concerning the financial and technical progress of a contractor under a specific contract is not available from other sources.

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

      A notice to renew this information collection was posted to the Federal Register on June 13, 2018. Seven comments were received, which were not relevant to this ICR.

	3(c) Consultations

       To determine contractor burden associated with the information collection identified in this request, the following vendors were contacted but did not respond; therefore, the estimated burden figures from the existing ICR are considered to still be applicable. Estimated time to process the information collection is described in Section 6, Estimating the Burden and Cost of the Collection.

_Representative__		               Firm___________	          ____Phone___
Joe Baer	  		Tech Law<PHONE_NUMBER>
Lisa Friday		            Weston Solutions<PHONE_NUMBER>
Eric Simpson	  		Sovereign Consulting<PHONE_NUMBER>

      3(d) Effects of Less Frequent Information Collection

	Many EPA contracts and orders involve complex services requiring numerous contractor employees and extensive funding. It is imperative that the Agency be aware of the actions the contractor is taking and the amount of funding expended every month. Less frequent collection would jeopardize the Agency's ability to determine the reasonableness of costs and to take timely action in the event of technical or cost problems under its complex contracts and orders.

      3(e)  General Guidelines

      This ICR does not exceed any of the OMB guidelines found in 5 CFR 1320.5(d)(2) and is in accordance with the Office of Management and Budget's general guidelines for Federal data collection, except that the information will be submitted more often than quarterly. Monthly progress reports are mandatory for those holding Agency contracts with progress reporting requirements and generally run from three to five years. Most contractors invoice once a month under these contracts. By submitting the progress report with the invoice, the contractor gives the Contract COR, who is responsible for monitoring the contract, an opportunity to review the financial information contained in the progress report, and compares it to the invoice. Monthly review of this information allows the Agency to promptly note when performance or cost problems arise, and take immediate action. This monthly information is required because of the complex nature of the work performed.

	3(f)  Confidentiality

	Information collected under this request, particularly cost and pricing data, is treated as Confidential Business Information (CBI). This information is protected from public release in accordance with the Agency's confidentially regulation, 40 C.F.R. Part 2.

4.  The Respondents and the Information Requested

      4(a) Respondents/North American Industry Classification System Codes

All contractors with clause 1552.211-72 in their contracts will be required to submit monthly progress reports. Respondents are anticipated to fall into one of the following North American Industry Classification System (NAICS) codes, which include but are not limited to: 541511 for custom computer programming services, 541620 for environmental consulting services, 621511 for medical laboratories, and 541380 for testing laboratories.

      4(b) Information Requested

      	(i)  Data Items

      The monthly progress reports submitted by contractors provide the following information:

       (i)  Progress made during the reporting period, including percent of project completed, description of the action of work accomplished, and a schedule of deliverables for the reporting period.

      (ii) Difficulties encountered and remedial action taken during the reporting period, and anticipated activity during the subsequent reporting period.

      (iii) A list of outstanding actions awaiting the contracting officer's authorization.

  	(iv) Cumulative costs at the contract level for: the amount claimed for the current reporting period, the amount obligated, originally invoiced, paid, suspended, disallowed and remaining approved for the cumulative period and contract life.

      (v) Labor hours consisting of a list of employees, their labor categories, and the number of hours worked.

      (vi) Labor hours expended and direct labor hours and costs detailed for the current reporting period.

      (vii) Labor hours negotiated, expended and remaining; and labor hours and costs detailed for the contract period and cumulative contract life.

      (viii) The estimated labor hours and costs to be expended during the next reporting period.

      (ix) The current dollar ceilings, net amount invoiced, and remaining amounts in funding categories.

      (x) Unbilled allowable costs for the current reporting period and cumulative for the contract.

      (xi) Actual average direct labor costs compared with the negotiated average for the current contract period.

      (xii) Similar financial status information to that already outlined, at the work assignment level or task/delivery order level.

(ii)   Respondent Activities

	Respondents are required to compile and submit monthly progress reports that contain the data items in (4)(b)(i) above.

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

      5(a) Agency Activities

               Once the information is received by the Agency, it is reviewed by the Contract COR against existing financial data, contractor deliverables and agency records for verification. If no discrepancies are noted, the report is placed in the contract file.

      5(b) Collection Methodology and Management

               The Agency monitors monthly contractor activity by requiring progress reports. Many contractor respondents prepare computerized reports, and software programs are available which track financial data. There is no specified submission format so long as the required data is provided and contractors can provide their data electronically.

      5(c) Small Entity Flexibility

               Most contractors invoice once a month under service contracts and orders. Progress reports are required every month so that charges on the invoice can be reconciled with financial and technical information provided in the progress report.

	5(d) Collection Schedule

	Contractors are required to submit monthly progress reports.

6.   Estimating the Burden and Cost of the Collection

	The overall respondent burden is estimated to be 24 hours per monthly response, and a total annual burden of 97,056 hours (24 hours per response x 4,044 responses). The overall respondent cost of the collection is $2,325 per monthly response, and a total annual cost of $9,402,300.

	6(a) Estimating Respondent Burden

	The overall respondent burden is estimated to be 24 hours per monthly response, and a total annual burden of 97,056 hours. The estimated respondent burden of 24 hours consists of 9 hours to gather information, and 15 hours to compile and process the information. No estimated capital or start-up costs because respondents do not need to acquire any capital goods in order to provide the requested information.

		6(b) Estimating Respondent Costs

			(i)   Estimating Labor Costs:  Contractor burden is based on historical data:

	     Collection Activity			Hours Per Month	Rate 		Cost

	1.  Gather information		        		  9			$160.29         $1,443
	2.  Compile and Process information      	15			$  58.81         $   882
               TOTALS			     		24				          $2,325

	Step 1 is normally performed by an Administrative Services Manager, and administrative support personnel are responsible for completing step 2. The cost associated with this effort was estimated using hourly rates based upon the May 2017 National Occupational Employment and Wage Estimates published by the U.S. Department of Labor's Bureau of Labor Statistics. The occupational categories used are Administrative Services Manager and Office and Administrative Support.

 	Since the labor rates used in this estimate are from 2017, an escalation factor of 3% was applied for each year to determine an average wage for the respective year. The cost for each labor category was determined by multiplying the escalated hourly labor rate by an estimated loading factor of 2.95 to reflect industries' overhead, fringe benefits, and general and administrative costs for each year (2018-2020) that the ICR will be in effect. The 2.95 estimate was provided by an EPA cost analyst as representative of labor related burdens experienced by EPA contractors. The loaded labor costs for 2018 thru 2020 were added together then divided by three (number of years for the ICR) to arrive at an annualized labor cost for each labor category.

 The following are the loaded labor rates used in the calculations in the table above:

 Administrative Services Manager:
2017 = ($49.70 x 1.03) = $51.20
2018 = ($51.20 x 1.03) = $52.74 x 2.95 = $155.58
2019 = ($52.74 x 1.03) = $54.32 x 2.95 = $160.24
2020 = ($54.32 x 1.03) = $55.95 x 2.95 = $165.05
                                     $480.87/3 = $160.29

 Office and Administrative Support:
2017 = ($18.24 x 1.03) = $18.79
2018 = ($18.79 x 1.03) = $19.35 x 2.95 = $ 57.08
2019 = ($19.35 x 1.03) = $19.93 x 2.95 = $ 58.79
2020 = ($19.93 x 1.03) = $20.53 x 2.95 = $ 60.56
                                      $176.43/3 = $58.81

	The prior ICR calculated that EPA had 266 active contracts and orders requiring monthly progress reports in 2014. This figure has increased to 337 in 2018 due in part to shorter-value and shorter-length contracts being awarded due to budget uncertainty; e.g., continuing funding resolutions, sequestration budget cuts. The estimated 337 contracts and orders each require a monthly progress report (337 contracts/orders x 12 months each = 4,044 responses). Respondents on average take 24 hours per month to complete each response. Therefore, total burden for one year is 97,056 hours (24 hours per response x 4,044 responses). The annual cost to respondents based on the figures shown above is $9,402,300 ($2,325 per response x 4,044 responses). Contractors are reimbursed for these costs under the applicable contract.

				(ii)  Estimating Capital/ Start-up Costs

	Because it will not be necessary for respondents to acquire any capital goods to provide the requested information, EPA has not estimated any capital/start-up costs.

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

	Operating and maintenance costs consist of postage and photocopying, are estimated at $12.50 per response x 4,044 responses = $50,550.

      6(c)   Estimating Agency Burden and Cost

	Agency burden estimates were developed by procurement personnel who work with the types of contracts addressed in this ICR. On the average, the same amount of time is required to review the data for each type of contract. Progress reports are reviewed by the contracting officer and the Contract COR responsible for the contract. Agency burden is calculated as follows:

	Collection Activity			Hours Per Month	Rate		Cost

	Audit/review data submissions		2		$105.44	$210.88

      Burden hours for the contracting officer and the Contract COR are combined for a total of two (2) hours, which is about the same as previous years, and is based on both of these individuals being GS-13s. The GS-13 hourly salary for 2018 with a locality pay for "Rest of US" is $47.38, and a 3 percent escalation factor has been applied for any cost-of-living increases given to federal workers in 2019 or 2020. These wage rates were then multiplied by a factor of 2.16 to reflect Federal employee benefits. The 2.16 estimate was provided by an EPA cost analyst as representative of labor-related burdens for government employees. The loaded labor costs for 2018 thru 2020 were added together then divided by three (number of years for the ICR) for an annualized loaded rate of $105.44 for the three years the ICR is in effect.

2018 = 		      $47.38 x 2.16 = $102.34
2019 = ($47.38 x 1.03) =  $48.80 x 2.16 = $105.41
2020 = ($48.80 x 1.03) =  $50.26 x 2.16 = $108.57
                                       $316.32/3 = $105.44

Therefore, total annual agency burden is summarized as follows:
Total burden hours = 4,044 responses x 2 hours per response = 8,088 hours.
Total burden costs: $210.88 per response x 4,044 responses = $852,798.

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

	There are an estimated 337 active contracts and orders that each require a monthly progress report (337 contracts/orders x 12 months each = 4,044 responses). Respondents on average take 24 hours per month to complete each response. Therefore, total burden for one year is 97,056 hours (24 hours per response x 4,044 responses). The annual cost to respondents based on the figures shown above is $$9,402,300 ($2,325 per response x 4,044 responses).

	6(e) Bottom-Line Annual Burden Hours and Costs

		(i)   Respondent Tally

	Total Number of Respondents:	337
	Total Annual Responses:		4,044
	Total Burden Hours:			97,056 hours
	Total Burden Costs:			$ 9,402,300

		(ii)  The Agency Tally

	Total Burden Hours:			8,088 hours
	Total Burden Costs:			$ 852,798

      6(f) Reasons for Change in Burden

	There is an increase of 19,650 hours (97,056 - 77,406) in the total estimated respondent burden compared with the ICR currently approved by OMB because OAM has approximately 337 contracts and orders requiring response in 2018 instead of only 266 in 2014. This figure has increased to 337 due in part to shorter-value and shorter-length contracts and orders being awarded due to budget uncertainty; e.g., continuing funding resolutions, sequestration budget cuts.

6(g) Burden Statement

	The annual public reporting and recordkeeping burden for this collection of information is estimated to average 24 hours per response. "Burden" means the total time, effort, or financial resources expended by persons to generate, maintain, retain, 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; disclosing and providing information; training personnel to be able to respond to a collection of information; searching data sources; completing and reviewing the collection of information; and transmitting or otherwise disclosing the information. An agency may not conduct or sponsor, nor is a person 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 EPA Acquisition Regulation (EPAAR) 1501.370, OMB Approvals Under the Paperwork Reduction Act.

 	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-OARM-2018-0229, which is available for public viewing at the Office of Environmental Information (OEI) Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW, Washington, D. C. The EPA Docket Center Public Reading Room is open from 8:30 a. m. to 4:30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is<PHONE_NUMBER>, and the telephone number for the OEI Docket is<PHONE_NUMBER>. An electronic version of the public docket is available through EPA Dockets (EDOCKET) at http://www.epa.gov/edocket.  Please use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Once in the system, select "search," then key in the docket ID number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office for EPA. Please include the EPA Docket ID No. EPA-HQ-OARM-2018-0229 and OMB Control Number 2030-0005 in any correspondence.

Part B of the Supporting Statement

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