[Federal Register Volume 85, Number 126 (Tuesday, June 30, 2020)]
[Notices]
[Pages 39244-39245]
[FR Doc No: 2020-14010]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-89145; File No. SR-NSCC-2020-003]

Self-Regulatory Organizations; National Securities Clearing
Corporation; Order Instituting Proceedings To Determine Whether To
Approve or Disapprove a Proposed Rule Change To Enhance National
Securities Clearing Corporation's Haircut-Based Volatility Charge
Applicable to Illiquid Securities and UITs and Make Certain Other
Changes to Procedure XV

June 24, 2020.

I. Introduction

    On March 16, 2020, National Securities Clearing Corporation
(``NSCC'') filed with the Securities and Exchange Commission
(``Commission'') proposed rule change SR-NSCC-2020-003 (``Proposed Rule
Change'') pursuant to Section 19(b)(1) of the Securities Exchange Act
of 1934 (``Act'') \1\ and Rule 19b-4 thereunder.\2\ The Proposed Rule
Change was published for comment in the Federal Register on March 31,
2020.\3\ The Commission has received comment letters on the Proposed
Rule Change.\4\ On May 21, 2020, pursuant to Section 19(b)(2) of the
Act,\5\ the Commission designated a longer period within which to
approve, disapprove, or institute proceedings to determine whether to
approve or disapprove the Proposed Rule Change.\6\ This order
institutes proceedings, pursuant to Section 19(b)(2)(B) of the Act,\7\
to determine whether to approve or disapprove the Proposed Rule Change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 88474 (March 25, 2020),
85 FR 17910 (March 31, 2020) (SR-NSCC-2020-003) (``Notice''). NSCC
also filed the proposal contained in the Proposed Rule Change as
advance notice SR-FICC-2020-802 (``Advance Notice'') with the
Commission pursuant to Section 806(e)(1) of the Dodd-Frank Wall
Street Reform and Consumer Protection Act entitled the Payment,
Clearing, and Settlement Supervision Act of 2010 (``Clearing
Supervision Act''). 12 U.S.C. 5465(e)(1); 17 CFR 240.19b-4(n)(1)(i).
Notice of filing of the Advance Notice was published for comment in
the Federal Register on April 15, 2020. Securities Exchange Act
Release No. 88615 (April 9, 2020), 85 FR 21037 (April 15, 2020) (SR-
NSCC-2020-802). The proposal contained in the Proposed Rule Change
and the Advance Notice shall not take effect until all regulatory
actions required with respect to the proposal are completed.
    \4\ Letter from Christopher R. Doubek, CEO, Alpine Securities
Corporation (April 21, 2020); Letter from John Busacca, Founder,
Securities Industry Professional Association (April 23, 2020);
Letter from Charles F. Lek, Lek Securities Corporation (April 30,
2020); Letter from James C. Snow, President/CCO, Wilson-Davis & Co.,
Inc., all available at https://www.sec.gov/comments/sr-nscc-2020-003/srnscc2020003.htm.
    \5\ 15 U.S.C. 78s(b)(2).
    \6\ Securities Exchange Act Release No. 88885 (May 15, 2020), 85
FR 31007 (May 21, 2020) (SR-NSCC-2020-003).
    \7\ 15 U.S.C. 78s(b)(2)(B).
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II. Summary of the Proposed Rule Change

    As described in the Notice,\8\ NSCC proposes to (1) revise the
definition of Illiquid Security, (2) apply a haircut-based volatility
charge specifically applicable to Illiquid Securities and unit
investment trusts (``UITs''), (3) eliminate the current Illiquid
Charge, and (4) make other confirming changes.
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    \8\ The description of the Proposed Rule Change is based on the
statements prepared by NSCC in the Notice. See Notice, supra note 3.
Capitalized terms used herein and not otherwise defined herein are
defined in NSCC's Rules & Procedures, available at www.dtcc.com/~/
media/Files/Downloads/legal/rules/nscc_rules.pdf.
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A. Proposed Definition of Illiquid Security

    NSCC's proposed definition of an Illiquid Security includes three
categories of securities. The first category of the proposed definition
of an Illiquid Security would include any security that is not listed
on a specified securities exchange. For purposes of this definition,
NSCC's Rules would define a ``specified securities exchange'' as a
national securities exchange that has established listing services and
is covered by industry pricing and data vendors. The second category of
the proposed definition of an Illiquid Security would include any
security that (1) is listed on a specified securities exchange, (2)
either (i) has a market capitalization that is considered by NSCC to be
a micro-capitalization as of the last business day or the prior month,
or (ii) is an American depositary receipt, and (3) the median of its
calculated illiquidity ratio of the prior six months exceeds certain
threshold that would be determined by NSCC pursuant to certain
criteria. The third category of the proposed definition of an Illiquid
Security would include any security that is listed on a specified
securities exchange and, as determined by NSCC on a monthly basis, has
fewer than 31 business days of trading history over the past 153
business days on such exchange.

B. Proposed Haircut-Based Volatility Charge Specifically Applicable to
Illiquid Securities and UITs

    First, NSCC proposes to expressly exclude Illiquid Securities from
calculating the volatility component of a Required Fund Deposit using a
parametric Value at Risk (``VaR'') model and instead apply a haircut-
based volatility charge specifically to Illiquid Securities. To
determine the appropriate volatility charge, NSCC would group Illiquid
Securities by price level. The haircut percentage applicable to each
group of Illiquid Securities would be determined at least annually. The
haircut percentage would be the highest of the following percentages:
(1) 10%, (2) a percent benchmarked to be sufficient to cover the 99.5th
percentile of the historical 3-day return of each group of Illiquid
Securities in each Member's portfolio, and (3) a percent benchmarked to
be sufficient to cover the 99th percentile of the historical 3-day
return of each group in each Member's portfolio after incorporating a
fixed transaction cost equal to one-half of the estimated bid-ask
spread. The look-back period for purposes of calibrating the applicable
percentage would be no less than five years.
    Second, NSCC proposes to expressly exclude UITs from calculating
the volatility component of the Required Fund Deposit using a VaR
model, and instead apply a haircut-based volatility charge specifically
applicable to UITs. NSCC would review the haircut percentage used in
this calculation at least annually. The haircut percentage applicable
to UITs would be the highest of (1) 2%, and (2) the 99.5th percentile
of the historical 3-day returns for the group of UITs within each
Member's portfolio using a look-back period of no less than 5 years.

C. Proposed Elimination of the Illiquid Charge

    NSCC proposes to eliminate the existing Illiquid Charge (and the
corresponding definition of Illiquid Position), which may be imposed as
an additional charge in the volatility component of a Required Fund
Deposit that is applied to Illiquid Securities as securities that are
less amenable to statistical analysis.

D. Proposed Conforming Changes

    NSCC proposes to make two conforming changes to harmonize the Rules
in light of the proposed amendments discussed above. First, the
proposal would exclude municipal and corporate bonds that are less
amenable to statistical analysis or amenable to statistical analysis
only in a complex manner from the VaR Charge. Second, NSCC proposes to
revise the Rules to clarify its current practice (i.e., that only long
positions in Family-Issued Securities are excluded from the VaR
Charge), and that short positions in Family-Issued Securities would be
subject to the haircut-based volatility

charge because they would meet the proposed definition of Illiquid
Securities.

III. Proceedings To Determine Whether To Approve or Disapprove the
Proposed Rule Change and Grounds for Disapproval Under Consideration

    The Commission is instituting proceedings pursuant to Section
19(b)(2)(B) of the Act \9\ to determine whether the Proposed Rule
Change should be approved or disapproved. Institution of proceedings is
appropriate at this time in view of the legal and policy issues raised
by the Proposed Rule Change. Institution of proceedings does not
indicate that the Commission has reached any conclusions with respect
to any of the issues involved. Rather, the Commission seeks and
encourages interested persons to comment on the Proposed Rule Change,
and provide the Commission with arguments to support the Commission's
analysis as to whether to approve or disapprove the Proposed Rule
Change.
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    \9\ 15 U.S.C. 78s(b)(2)(B).
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    Pursuant to Section 19(b)(2)(B) of the Act,\10\ the Commission is
providing notice of the grounds for disapproval under consideration.
The Commission is instituting proceedings to allow for additional
analysis of, and input from commenters with respect to, the Proposed
Rule Change's consistency with Section 17A of the Act,\11\ and the
rules thereunder, including the following provisions:
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    \10\ Id.
    \11\ 15 U.S.C. 78q-1.
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     Section 17A(b)(3)(F) of the Act,\12\ which requires, among
other things, that the rules of a clearing agency must be designed to
assure the safeguarding of securities and funds which are in the
custody or control of the clearing agency or for which it is
responsible and to protect investors and the public interest; and
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    \12\ 15 U.S.C. 78q-1(b)(3)(F).
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     Rule 17Ad-22(e)(4)(i) under the Act,\13\ which requires a
covered clearing agency establish, implement, maintain and enforce
written policies and procedures reasonably designed to effectively
identify, measure, monitor, and manage its credit exposures to
participants and those arising from its payment, clearing, and
settlement processes, including by maintaining sufficient financial
resources to cover its credit exposure to each participant fully with a
high degree of confidence.
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    \13\ 17 CFR 240.17Ad-22(e)(4)(i).
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     Rule 17Ad-22(e)(23)(ii) under the Act,\14\ which requires
a covered clearing agency establish, implement, maintain and enforce
written policies and procedures reasonably designed to provide
sufficient information to enable participants to identify and evaluate
the risks, fees, and other material costs they incur by participating
in the covered clearing agency.
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    \14\ 17 CFR 240.17Ad-22(e)(23)(ii).
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IV. Procedure: Request for Written Comments

    The Commission requests that interested persons provide written
submissions of their views, data, and arguments with respect to the
issues identified above, as well as any other concerns they may have
with the Proposed Rule Change. In particular, the Commission invites
the written views of interested persons concerning whether the Proposed
Rule Change is consistent with Section 17A(b)(3)(F) of the Act,\15\
Rule 17Ad-22(e)(4)(i) under the Act,\16\ Rule 17Ad-22(e)(23)(ii) under
the Act,\17\ or any other provision of the Act, or the rules and
regulations thereunder. Although there do not appear to be any issues
relevant to approval or disapproval that would be facilitated by an
oral presentation of views, data, and arguments, the Commission will
consider, pursuant to Rule 19b-4(g) under the Act,\18\ any request for
an opportunity to make an oral presentation.\19\
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    \15\ 15 U.S.C. 78q-1(b)(3)(F).
    \16\ 17 CFR 240.17Ad-22(e)(4)(i).
    \17\ 17 CFR 240.17Ad-23(e)(23)(ii).
    \18\ 17 CFR 240.19b-4(g).
    \19\ Section 19(b)(2) of the Act grants to the Commission
flexibility to determine what type of proceeding--either oral or
notice and opportunity for written comments--is appropriate for
consideration of a particular proposal by a self-regulatory
organization. See Securities Act Amendments of 1975, Senate Comm. on
Banking, Housing & Urban Affairs, S. Rep. No. 75, 94th Cong., 1st
Sess. 30 (1975).
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    Interested persons are invited to submit written data, views, and
arguments regarding whether the Proposed Rule Change should be approved
or disapproved by July 21, 2020. Any person who wishes to file a
rebuttal to any other person's submission must file that rebuttal by
August 4, 2020.
    The Commission asks that commenters address the sufficiency of
NSCC's statements in support of the Proposed Rule Change, which are set
forth in the Notice,\20\ in addition to any other comments they may
wish to submit about the Proposed Rule Change.
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    \20\ See Notice, supra note 3.
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    Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NSCC-2020-003 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File Number SR-NSCC-2020-003. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the Proposed Rule Change that are filed with
the Commission, and all written communications relating to the Proposed
Rule Change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of NSCC and on DTCC's website
(http://dtcc.com/legal/sec-rule-filings.aspx). All comments received
will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NSCC-2020-003 and should be submitted on
or before July 21, 2020. Rebuttal comments should be submitted by
August 4, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
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    \21\ 17 CFR 200.30-3(a)(31).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-14010 Filed 6-29-20; 8:45 am]
BILLING CODE 8011-01-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on April 14, 2005

NOTICE OF ACTION TAKEN -- DOCKET OST-2004-17314

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  CargoJet Airways Ltd. d/b/a StarJet Airways  	Date Filed:
March 30, 2005

Relief requested:   Renew exemption from 49 U.S.C. § 41301 to permit
the applicant to conduct, carrying persons, property and/or mail:  (1)
scheduled services between any point or points in Canada, and any point
or points in the United States; and (2) charter operations between
Canada and the United States, and other charters, in accordance with 14
CFR Part 212.

If renewal, date and citation of last action:  April 5, 2004, in this
docket

Applicant representatives:  John R. Mietus, Jr.<PHONE_NUMBER>

DOT Analyst:  Shelita A. Smith<PHONE_NUMBER>

Responsive pleadings:  None filed

DISPOSITION

Action:  Approved							Action date:  April 14, 2005

Effective dates of authority granted:  April 14, 2005 – April 14, 2006

Basis for approval (bilateral agreement/reciprocity):  United
States-Canada Air Transport Agreement (Agreement)

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated:

The applicant may carry Third and Fourth Freedom charter traffic without
prior Department approval.

Other charter operations to/from the United States conducted under this
authority, however, are subject to prior approval under 14 CFR Part 212.

  X     Standard exemption conditions (attached)               Foreign
air carrier permit conditions (Order         )

Special conditions/Partial grant/Denial basis/Remarks:

Action taken by:  Paul L. Gretch, Director

		   Office of International Aviation

________________________________________________________________________
________________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) the applicant is qualified to perform the
proposed operations; (2) our action was consistent with Department
policy; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied

all requests in the referenced Docket.  We may amend, modify, or revoke
the authority granted in this Notice at any time without hearing at our
discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR §
385.30, may file their petitions within seven (7) days after the date of
issuance of this Notice.  This action was effective when taken, and the
filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp"
http://dms.dot.gov//reports/reports_aviation.asp

Foreign Carrier Exemption Conditions

In the conduct of the operations authorized, the foreign carrier
applicant(s) shall:

(1)  Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

(2)  Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security, including, but not limited to, 49 CFR Part 1546 or 1550, as
applicable.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) from a foreign airport that
would be the holder’s last point of departure for the United States,
contact its International Principal Security Inspector (IPSI) to advise
the IPSI of its plans and to find out whether the Transportation
Security Administration has determined that security is adequate to
allow such airport(s) to be served;

(3)  Comply with the requirements for minimum insurance coverage
contained in 14 CFR Part 205, and, prior to the commencement of any
operations under this authority, file evidence of such coverage, in the
form of a completed OST Form 6411, with the Federal Aviation
Administration’s Program Management Branch (AFS-260), Flight Standards
Service (any changes to, or termination of, insurance also shall be
filed with that office);

(4)  Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

(5)  Conform to the airworthiness and airman competency requirements of
its Government for international air services;

(6)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR Part 203,
concerning waiver of Warsaw Convention liability limits and defenses;

(7)  Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are: (a)  based on its
operations in international air transportation that, according to the
contract of carriage, include a point in the United States as a point of
origin, point of destination, or agreed stopping place, or for which the
contract of carriage was purchased in the United States; or (b)  based
on a claim under any international agreement or treaty cognizable in any
court or other tribunal of the United States.  In this condition, the
term "international air transportation" means "international
transportation" as defined by the Warsaw Convention, except that all
States shall be considered to be High Contracting Parties for the
purpose of this definition;

(8)  Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

(9)  Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department's rules
governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department, with all applicable orders or regulations of other U.S.
agencies and courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code.

05/2004


[Federal Register: September 27, 2010 (Volume 75, Number 186)]
[Notices]
[Page 59261]
[DOCID:fr27se10-91]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. RM06-16-010; RM06-16-011]

Mandatory Reliability Standards for the Bulk Power System;
Supplemental Notice of Technical Conference

September 17, 2010.
    On August 19, 2010 the Federal Energy Regulatory Commission
announced that a Technical Conference on Frequency Response in the
Wholesale Electric Grid would be held on Thursday, September 23, from
10 a.m. to 4 p.m. This staff-led conference will be held in the
Commission Meeting Room at the Federal Energy Regulatory Commission,
888 First Street, NE., Washington, DC 20426. The conference will be
open for the public to attend and advance registration is not required.
Members of the Commission may attend the conference. A supplemental
notice issued on September 14, 2010 contained the agenda for this
conference.
    We hereby announce that a free webcast of the technical conference
in this proceeding will be available. Anyone with Internet access
interested in viewing this conference can do so by navigating to http:/
/www.ferc.gov's Calendar of Events and locating the appropriate event
in the Calendar. The Calendar of Events will contain a link to the
applicable webcast option. The Capitol Connection provides technical
support for the webcasts and offers the option of listening to the
conferences via phone-bridge for a fee. If you have any questions,
visit http://www.CapitolConnection.org or call<PHONE_NUMBER>.
    Commission conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations, please
send an e-mail to<EMAIL_ADDRESS>or call toll free 1-866-208-
3372 (voice) or<PHONE_NUMBER> (TTY), or send a FAX to<PHONE_NUMBER> with
the required accommodations.
    For more information about this conference, please contact: Sarah
McKinley, Office of External Affairs, Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426, (202) 502-
8368<EMAIL_ADDRESS>
Kimberly D. Bose,
Secretary.
[FR Doc. 2010-24075 Filed 9-24-10; 8:45 am]
BILLING CODE 6717-01-P


	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Part 62

	[EPA-R03-OAR-2009-0482; FRL -     ]

        Approval and Promulgation of State Air Quality Plans For
Designated Facilities and Pollutants, West Virginia; Control of
Emissions from Commercial and

Industrial Solid Waste Incinerator Units, Plan Revision

AGENCY:	Environmental Protection Agency (EPA).

ACTION:	Direct final rule.

SUMMARY:	 EPA is taking direct final action to approve a revision to the
West Virginia (WV) commercial and industrial solid waste incinerator
(CISWI) 111(d)/129 plan (the (plan().  The revision contains a modified
WV Department of Environmental Protection, Division of Air Quality (DAQ)
rule that streamlines and consolidates the state’s regulatory
structure (WV45CSR6, 18 and 24) for incinerator units and incorporates
applicable Clean Air Act (CAA), section 129, requirements into one rule,
WV45CSR18.  This approval action relates only to CISWI units.  The
streamlining of the state’s regulatory structure of its incinerator
rules is not an EPA requirement.

DATES:  This rule is effective [Insert date 60 days from the date of
publication in the Federal Register] without further notice, unless EPA
receives adverse written comment by [Insert date 30 days from date of
publication in the Federal Register].   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-2009-0482 by one of the following methods:

     A.    www.regulations.gov.  Follow the on-line instructions for
submitting comments.

     B.    E-mail: E-mail:   HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>

     C.    Mail:  EPA-R03-OAR-2009-0482, Walter Wilkie, Chief, Air
Quality Analysis

             Branch, Mailcode 3AP22, 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-2009-0482 EPA's policy is that all comments received will be
included in the public docket without change, and may be made available
online at 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 www.regulations.gov or
e-mail.  The www.regulations.gov website 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
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
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 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 West Virginia Division of Air Quality, 601 57th
Street SE,

Charleston, West Virginia 25304.

FOR FURTHER INFORMATION CONTACT:  James B. Topsale, P.E., at
(215) 814-2190, or by e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I.  Background

The initial West Virginia CISWI plan, and related state rule,
WV45CSR18, were approved by EPA in the April 11, 2003 edition of the
Federal Register.  (68FR17738).  The plan approval is codified in 40 CFR
Part 62, subpart XX.  On May 11, 2009, the West Virginia Department of
Environmental Protection submitted to EPA a formal 111(d)/129 plan
revision for CISWI units.  The submitted plan revision is part of an
effort to streamline and consolidate DAQ’s Clean Air Act, section 129,
requirements for CISWI and hospital, medical infectious waste
incinerator (HMIWI) units.  All applicable section 129 incinerator
regulatory requirements are now in one state rule, WV45CSR18.  However,
this approval action relates only to CISWI units.  A related plan
revision for HMIWI units will be addressed in a separate Federal
Register notice and rulemaking action.  The consolidation of the DAQ
incinerator rules into one is not an EPA requirement.

Section 129 of the CAA regulates a mixture of air pollutants.  These
pollutants include organics (dioxins/furans), carbon monoxide, metals
(cadmium, lead, mercury), acid gases (hydrogen chloride, sulfur dioxide,
and nitrogen oxides) and particulate matter (including opacity).

II. Review of West Virginia(s CISWI Plan Revision

EPA has reviewed the West Virginia CISWI plan revision submittal in the
context of the requirements of 40 CFR Part 60, and subparts B and DDDD;
and Part 62, subpart A.    The submitted plan revision meets all the
cited requirements and those as described in EPA’s original approval
of West Virginia’s plan approval on April 11, 2003.  (68 FR 17738).

III. Final Action

EPA is approving the West Virginia CISWI plan revision that streamlines
and consolidates its section 111(d)/129 existing incinerator regulations
into one rule, WV45CSR18.  Therefore, EPA is amending 40 CFR Part 62,
subpart XX, to reflect this action.  This approval is based on the
rationale discussed above and in further detail in the technical support
document (TSD) associated with this action.  This plan revision approval
does not negate or void any of the initial plan approval requirements
(68 FR 17738), including compliance dates, for E. I. du Pont de Nemours
and Company, Washington Works (“DuPont”), or any other affected
facility.  Initial CISWI plan requirements have been consolidated into a
modified rule WV45CSR18.  The scope of the plan revision approval is
limited to 40 CFR Part 60 and 62 provisions for existing CISWI units,
and the related new source performance standard provisions, subpart
CCCC, as referenced in the emission guidelines, subpart DDDD.   A
related plan revision for HMIWI units will be addressed in a separate
Federal Register notice and rulemaking action.

The EPA Administrator continues to retain authority for several tasks,
as cited in state rule WV45CSR18, ( 45-18-9.  This retention of federal
authority also includes the granting of waivers for initial and annual
compliance testing requirements.

EPA is publishing this action without prior proposal because the Agency
views this as a noncontroversial amendment and anticipates no adverse
comments.  This action simply reflects already existing Federal
requirement for state air pollution control agencies and existing CISWI
units that are subject to the provisions of 40 CFR Part 60, subparts B
and  DDDD, respectively.  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 111(d)/129 plan revision
should relevant adverse or critical comments be filed.  This rule will
be effective [Insert date 60 days from date of publication] without
further notice unless the Agency receives relevant adverse comments by
[Insert date 30 days from date of publication].  If EPA receives such
comments, then EPA will publish a timely withdrawal in the Federal
Register  informing the public that the rule did not take effect.  EPA
will address all public comments in a subsequent final rule based on the
proposed rule.  The 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 Executive Order 12866 (58 FR 51735, October 4, 1993), this action
is not a "significant regulatory action" and therefore is not subject to
review by the Office of Management and Budget.  For this reason, this
action is also not subject to Executive Order 13211, "Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use" (66 FR 28355, May 22, 2001).  This action merely approves state law
as meeting Federal requirements and imposes no additional requirements
beyond those imposed by state law.  Accordingly, the Administrator
certifies that this rule will not have a significant economic impact on
a substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.).  Because this rule approves pre-existing
requirements under state law and does not impose any additional
enforceable duty beyond that required by state law, it does not contain
any unfunded mandate or significantly or uniquely affect small
governments, as described in the Unfunded Mandates Reform Act of 1995
(Public Law 104-4).  This rule also does not have tribal implications
because it will 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, as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).  This action also
does not have Federalism implications because it does not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999).  This
action merely approves a state rule implementing a Federal requirement,
and does not alter the relationship or the distribution of power and
responsibilities established in the CAA.  This rule also is not subject
to Executive Order 13045 “Protection of Children from Environmental
Health Risks and Safety Risks” (62 FR 19885, April 23, 1997), because
it approves a state rule implementing a Federal standard.  In reviewing
section 111(d)/129 plan submissions, EPA’s role is to approve state
choices, provided that they meet the criteria of the CAA.  In this
context, in the absence of a prior existing requirement for the State to
use voluntary consensus standards (VCS), EPA has no authority to
disapprove a 111(d)/129 plan submission for failure to use VCS.  It
would thus be inconsistent with applicable law for EPA, when it reviews
a 111(d)/129 plan submission, to use VCS in place of a 111(d)/129 plan
submission that otherwise satisfies the provisions of the CAA.  Thus,
the requirements of section 12(d) of the National Technology Transfer
and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply.  This
rule does not impose an information collection burden under the
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.).

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 rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Controller General of the United States prior
to publication of the rule in the Federal Register.  This rule 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 [Insert date 60 days from date of
publication of this document in the Federal Register].  Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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, approving the submitted West
Virginia CISWI plan revision, may not be challenged later in proceedings
to enforce its requirements.  (See section 307(b)(2).)

List of Subjects in 40 CFR Part 62 - Environmental protection,
Administrative practice and procedure, Air pollution control, Aluminum,
Fertilizers, Fluoride, Intergovernmental relations, Paper and paper
products industry, Phosphate, Reporting and recordkeeping requirements,
Sulfur oxides, Sulfur acid plants, Waste treatment and disposal.

   July 21, 2009
__________/s/________________

Dated:                                				William C. Early,

                                      				Acting Regional Administrator,

                                      				Region III.

40 CFR Part 62, Subpart XX, is amended as follows:

PART 62-[AMENDED]

1.	The authority citation for part 62 continues to read as follows:

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

            Subpart XX -- West Virginia

2.	Section 62.12155 is amended by designating the existing paragraph as
(a) and adding paragraph (b) to read as follows:

(62.12155                 Identification of plan.

        *****

(b)        On May 11, 2009, the West Virginia Department of
Environmental Protection submitted a State plan revision (#1) that
consolidates all existing section 111(d)/129 incinerator regulatory
requirements into one modified rule, WV45CSR18.

3.          Section 62.12157 is amended by designating the exiting
paragraph as (a) and adding paragraph (b) to read as follows:

 (61.12157                  Effective date.

         *****

(b) Plan revision #1 is effective [Insert date 60 days from publication
in the Federal Register.]

 PAGE

 PAGE  4

  PAGE   10


SUPPORTING STATEMENT
ENVIRONMENTAL PROTECTION AGENCY

                             SUPPORTING STATEMENT
Emissions Guidelines for Greenhouse Gas Emissions from Existing Crude Oil and Natural Gas Facilities
                        (40 CFR Part 60, Subpart OOOOc)

Part A of the Supporting Statement
1.	Identification of the Information Collection
1(a)	Title and Number of the Information Collection.
      "Emissions Guidelines for Greenhouse Gas Emissions from Existing Crude Oil and Natural Gas Facilities (40 CFR Part 60, Subpart OOOOc)." A new information collection request (ICR) has been prepared in support of the guidelines being promulgated. The EPA ICR tracking number is 2523.05, Office of Management and Budget (OMB) Control Number 2060-0721. This ICR was developed for the 3-year period following publication of the final rule.
1(b)	Short Characterization/Abstract.
Pursuant to Clean Air Act (CAA) section 111(d), the EPA is proposing nationwide emission guidelines (EG) for greenhouse gas (GHG) emissions (in the form of methane limitations) for the Crude Oil and Natural Gas source category, including the production, processing, and transmission and storage segments (EG OOOOc). The EPA proposes EG for states to follow in developing, submitting, and implementing state plans to establish performance standards to limit GHGs from existing sources (designated facilities) in the Crude Oil and Natural Gas source category. For purposes of these guidelines, existing sources include designated facilities that commenced construction on or before November 15, 2021, with the exception of centrifugal compressor designated facilities that use dry seals. Centrifugal compressor designated facilities that use dry seals are subject to the applicable provisions of this subpart if construction, modification, or reconstruction is commenced before the date of publication of the supplemental proposal in the Federal Register.
      This proposed rule proposes to require those states with one or more designated facilities covered under this subpart to develop plans to implement the emission guidelines and submit plans to the EPA for approval. For areas of Indian country with affected sources, if the EPA determines that a plan is necessary or appropriate, the EPA has the responsibility to establish a plan, unless a tribe on whose lands an affected source is located seeks and obtains authority from the EPA to establish a plan itself. If an approvable state or other jurisdictional plan is not submitted by the deadline for that plan, the EPA will implement the emission guidelines in those states and tribal lands under a federal plan developed according to 40 CFR 60.27. Under CAA section 111(d)(2)(B), the EPA has the authority to prescribe a Federal plan promulgating standard of performance for designated facilities located in a state that fails to submit a satisfactory plan. Owners and operators of existing oil and natural gas facilities that are not covered by an approved jurisdictional plan must comply with the federal plan. Those states that have no existing oil and natural gas facilities for which construction commenced on or before November 15, 2021, with the exception of centrifugal compressor designated facilities that use dry seals, would submit a negative declaration letter in place of the state plan. Those states that have no existing oil and natural gas centrifugal compressor designated facilities that use dry seals for which construction commenced on or before the date of publication of the supplemental proposal in the Federal Register, would submit a negative declaration letter in place of the state plan. Tribal lands with no existing oil and natural gas facilities covered under this subpart would not be required to submit a negative declaration.

      The emission guidelines include required components of the state plan, including an inventory of designated facilities and emissions from affected designated facilities in each state, compliance schedules, standards of performance, performance testing, monitoring, recordkeeping, and reporting requirements, and timing requirements for submitting the plan.

      This action imposes no new information collection burden on designated facilities during the first 3 years after final rule promulgation beyond what those facilities would already be subject to under the authorities of 40 CFR parts 75 and 98. There are no new information collection costs for these designated facilities during the first 3 years, as the information required for these facilities by the guidelines is already collected and reported by other regulatory programs during this period.

The only respondents expected to incur new information collection burden are those states with one or more facilities covered under this subpart.
2.	Need for and Use of the Collection
2(a)	Need/Authority for the Collection.
      The EPA is charged under section 111(d) of the CAA to establish guidelines for existing stationary sources. Section 111(d)(1) states:

            "The Administrator shall prescribe regulations which shall establish a procedure similar to that provided by section 110 under which each State shall submit to the Administrator a plan which (A) establishes standards of performance for any existing source for any air pollutant (i) for which air quality criteria have not been issued...but (ii) to which a standard of performance under this section would apply if such existing source were a new source, and (B) provides for the implementation and enforcement of such standards of performance."

	Subpart Ba of 40 CFR part 60 requires the plans to include monitoring, recordkeeping, and reporting provisions consistent with the emission guidelines. 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 procedures or 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."

The Oil and Natural Gas Industry is the United States' largest industrial emitter of methane, a highly potent GHG. Methane and VOC emissions from the Crude Oil and Natural Gas source category result from a variety of industry operations across the supply chain. Therefore, emission guidelines for GHG emissions are being proposed for existing sources in this category at 40 CFR part 60, subpart OOOOc. The greenhouse gas standard in this subpart are in the form of a limitation on emissions of methane from designated facilities in the crude oil and natural gas source category that commenced construction on or before November 15, 2021 with the exception of centrifugal compressor designated facilities that use dry seals. Centrifugal compressor designated facilities that use dry seals are subject to the applicable provisions of this subpart if construction, modification, or reconstruction is commenced before the date of publication of the supplemental proposal in the Federal Register. The emission guidelines are being proposed for states to use in developing state plans.
2(b)	Use/Users of the Data.
The data collected from respondents (states) include the state plans expected to be developed in response to the emission guidelines. The data from states provide the foundation for identifying their emission performance levels and demonstrating how they will be achieved; identifying emission standards and compliance requirements for each affected entity; and specifying program implementation milestones. These emission performance levels, standards, compliance requirements, and milestones will be developed during the course of this ICR period.
3.	Nonduplication, Consultations, and Other Collection Criteria
3(a)	Nonduplication.
As previously stated, this action imposes no new information collection burden on affected sources (oil and natural gas facilities) during the first 3 years after final rule promulgation, beyond what those sources would already be subject to under the authorities of 40 CFR parts 75 and 98. There are no new information collection costs; the information required by these guidelines is already collected and reported by other regulatory programs. Therefore, no duplication exists for the affected industry.
If a state plan is disapproved, the respondent (state) can respond to EPA's concerns and submit a revised plan. If an approvable plan is not submitted by the state, the EPA will implement a federal plan that applies to existing sources in the state. Consequently, the information would be submitted to the appropriate EPA regional office, until such time as the state is delegated this authority. Therefore, no duplication exists for states.
3(b)	Public Notice Required Prior to ICR Submission to OMB.
Public notice is provided in the preamble to the proposed rule.
3(c)	Consultations.
      The November 21, 2021, proposed rule and 2022 supplemental proposal were developed after extensive and vigorous outreach to stakeholders and the general public. This included public comments received on the November 21, 2021, proposal and multiple meetings with a variety of stakeholders. The EPA recognizes the importance of working with all stakeholders, and in particular with the states, to ensure a clear and common understanding of the role the states will play in addressing GHG pollution from oil and natural gas facilities.
      This outreach process has produced a wealth of information. The EPA has taken information from these meetings and used it to inform these proposed emission guidelines. The EPA expects that a dialog with states and other stakeholders will continue post-proposal and EPA will continue to engage in consultation during the development of the final emission guidelines.
3(d)	Effects of Less Frequent Collection.
This section is not applicable because respondents for this 3-year ICR period do not include designated facilities, and annual reports from states will be submitted after the 3-year ICR period.
3(e)	General Guidelines.
None of the guidelines in 5 CFR 1320.5 are being exceeded.
3(f)	Confidentiality.
All 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 39999, September 28, 1978; 43 FR 42251, September 28, 1978; 44 FR 17674, March 23, 1979).
3(g)	Sensitive Questions.
This section is not applicable because this ICR does not involve matters of a sensitive nature.
4.	The Respondents and the Information Requested
4(a)	Respondents/NAICS Codes.
The respondents that would be expected to incur new information collection burden under subpart OOOOc are those states with one or more designated facilities covered under this subpart. An estimated 50 state plans are expected to be submitted. One negative declaration is expected. The applicable North American Industry Classification System (NAICS) code for state governments is 999200, "State Government, excluding schools and hospitals."
4(b)	Information Requested.
 Data Items, Including Recordkeeping Requirements.
There are no new information collection costs for the affected industry, as the information required by these guidelines is already collected and reported by other regulatory programs (40 CFR parts 75 and 98). The only new information collection costs are for those states with one or more affected facilities covered under this subpart.
Respondents must make the following reports:
                                  Requirement
                        Guidelines Citation by Section
Plan to implement and enforce emission guidelines
60.5362c and 60.23a(a)
Negative declaration letter documenting there are no affected facilities in the state that are covered under the emission guidelines
60.5362c
Request for extension to deadline for submitting a plan (as part of plan submittal)
60.5371c
Notification of public hearing on the plan
60.23a(a)
Certification that public hearing on the plan conducted according to subpart B procedures
60.23a(f)

State respondents must also keep the following records:
                                  Requirement
                        Guidelines Citation by Section
Records of public hearing conducted on the plan
60.23a(e)
 Respondent Activities.
The respondent activities that would be required by the emission guidelines are described in the tables and footnotes in Exhibits 1a and 1b at the end of this document. Exhibits 1a and 1b include the respondent activities associated with developing and implementing individual state plans.
 Summary of Requirements.
      The proposal would require states covered under the emission guidelines to prepare and submit plans to implement the guidelines and conduct public hearings on the plans as necessary, according to the procedures in 40 CFR part 60, subpart Ba.
5.	The Information Collected: Agency Activities, Collection Methodology, and Information Management (covering the first 3 years following final rule promulgation)
5(a)	Agency Activities.
The Agency, specifically the EPA Headquarters and the EPA Regions, will incur burden associated with the reporting requirements for states, including: (1) providing support and outreach to states regarding the implementation of the emission guidelines and preparation of the plans, (2) reviewing and approving the plans, (3) reviewing negative declarations from states with no affected facilities covered under the emission guidelines, (4) reviewing and approving extension requests, (5) reviewing notifications from states regarding public hearings on the plans, and (6) reviewing certifications from states that the public hearings were conducted according to 40 CFR part 60, subpart Ba procedures.

5(b)	Collection Methodology and Management.
The state plans expected to be prepared by states will set forth the specifics regarding the actual collection methodology and management. The plan submittal must include the following components, which will be codified as part of the federally enforceable plan upon approval by the EPA:
 Inventory of designated facilities.
 Inventory of emissions from affected designated facilities in your state.
 Compliance schedules for each designated facility or logical grouping of designated facilities.
 Standards of performance for designated facilities that are at least as protective as the emission guidelines contained in this subpart.
 Performance testing, monitoring, recordkeeping, and reporting requirements.
 Certification and evidence of meaningful engagement on such plan or plan revisions, including a list of identified pertinent stakeholders and a summary of the engagement conducted, a summary of stakeholder input received, and a description of any action or changes made as a result of the engagement.
 Certification that the required hearing on the state plan was held, a list of witnesses and their organizational affiliations, if any, appearing at the hearing, and a brief written summary of each presentation or written submission.
 Provision for state progress reports to EPA.
 Identification of enforceable state mechanisms that you selected for implementing the emission guidelines of this subpart.
 Demonstration of your state's legal authority to carry out the CAA section 111(d) state plan.
Data and records maintained by the respondents are tabulated and published for use in compliance and enforcement programs of the delegated permitting authority. Information contained in the reports will be required to be submitted electronically to EPA's Central DATA Exchange (CDX) using the CEDRI. CDX enables fast, efficient and more accurate environmental data submissions from state and local governments, industry and tribes to EPA and participating program offices. EPA's CDX is the point of entry on the Environmental Information Exchange Network (Exchange Network) for environmental data submissions to the Agency. CDX works with both EPA program offices looking for a way to better manage incoming data, and stakeholders looking for a way to reduce burden from reporting requirements. Appendix A includes the CEDRI electronic portal for submitting reports under 40 CFR part 60, subpart OOOOc. The electronic portal to submit reports online is accessed through the EPA's CDX at https://cdx.epa.gov. The spreadsheet templates created by the EPA to facilitate annual reporting for Oil and Gas Facilities under 40 CFR part 60, subpart OOOOc can be obtained at https://www.epa.gov/electronic-reporting-air-emissions/cedri#list as well as https://www.epa.gov/controlling-air-pollution-oil-and-natural-gas-industry/implementation-oil-and-natural-gas-air#report.
5(c)	Small Entity Flexibility.
      The EPA is aware that there is substantial interest in this rule among small entities (municipal and rural electric cooperatives) but has no indication that it would disproportionately affect small entities.
5(d)	Collection Schedule.
The specific frequency for each information collection activity within this request is shown in Exhibits 1a and 1b for the first 3 years following promulgation of the emission guidelines.
6.	Estimating the Burden and Cost of the Collection

Exhibits 1a and 1b document the lower and upper bounds, respectively, of individual burdens for the reporting requirements applicable to states for the first 3 years. The lower bounds account for states expected to have existing requirements in place similar to, or more stringent than those proposed in the emission guidelines, while the upper bounds do not account for existing regulatory programs. By accounting for existing programs, the burden estimates in Exhibit 1a are lower than those in Exhibit 1b. Table 1 below presents the range of the respondent burden hours and costs (detailed in Exhibit 1c).

         Table 1. Lower to Upper Range of Respondent Burden and Costs
               (3-year period following final rule publication)
Year
Total Annual Labor Burden (hours)
Total Annual Labor Costs ($)
                                 3-Year Total
                                166,400-208,000
                               $21 - $26 million
                                Average Annual
                               55,000  -  69,000
                              $7.1 - $8.8 million
                         Average Annual per Respondent
                                1,100  -  1,400
                             $141,000 - $176,000

The individual burdens are expressed under standardized headings consistent with the concept of burden under the Paperwork Reduction Act. Where appropriate, specific tasks and major assumptions have been identified. Responses to this information collection are mandatory.
The agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB Control Number.
6(a)	Estimating Respondent Burden.
The average annual burden over the 3-year period of this ICR from these reporting requirements is estimated to range from approximately 55,000 to 69,000 hours per year (detailed in Exhibit 1c). These hours are based on agency studies and background documents from the development of the regulation, agency knowledge and experience with part 60 and other regulations, the previously approved ICR for subpart OOOO, OOOOa, and other sources.
6(b)	Estimating Respondent Costs.
Respondent costs are typically divided into three categories. These categories include labor costs, operation and maintenance (O&M) costs, and annualized capital costs. Labor costs and O&M costs are the only respondent costs associated with this ICR.
(i)	Estimating Labor Costs.
The average annual labor costs over the 3-year period of this ICR from these reporting requirements are estimated to range from approximately $7.1 to $8.8 million per year (detailed in Exhibit 1c). Labor rates and associated costs are based on Bureau of Labor Statistics (BLS) data. Technical, managerial, and clerical average hourly rates for state government workers were based on the Bureau of Labor Statistics, Occupational Employment Statistics, May 2021 National Industry-Specific Occupational Employment and Wage Estimates for state government (NAICS code 999200). The state government labor rates from BLS were multiplied by an overhead multiplier of 110 percent to estimate loaded labor rates of $90.89 per hour for technical, $101.66 per hour for managerial, and $45.76 per hour for clerical.
(ii)	Estimating Annualized Capital Costs.
There are no annualized capital costs associated with this ICR.
(iii)	Estimating Operations and Maintenance (O&M) Costs.
      The annual O&M costs associated with this ICR are the costs associated with the paperwork requirements incurred continuously over the life of the ICR (e.g., storing hard copy records, electronic data storage, and miscellaneous annual supplies) (see Exhibits 1a and 1b). The average annual O&M costs associated with this ICR are approximately $36,750 (detailed in Exhibit 1c).
6(c)	Estimating Agency Burden and Cost.
Because the information collection requirements were developed as an incidental part of standards development, no costs can be attributed to the development of the information collection requirements. Because reporting and recordkeeping requirements on the part of the respondents are required under section 111 of the CAA, no operational costs will be incurred by the federal government. Examination of records to be maintained by the respondents will occur incidentally as part of EPA's overall compliance and enforcement program, and, therefore, is not attributable to the ICR. The only costs to the federal government, specifically the EPA Headquarters and the EPA Regions, under this ICR are those costs associated with the support and outreach to states; the review of the plans, negative declarations, extension requests for plan submittals, progress reports and public hearing notifications/certifications; and miscellaneous administrative charges. Exhibit 2a presents the average annual agency burden and cost estimates for the first 3 years after promulgation of the emission guidelines. Table 2 below contains a summary of the 3-year total and average annual agency burden hours and costs (detailed in Exhibit 2b).

                  Table 2. Summary of Agency Burden and Costs
               (3-year period following final rule publication)
Year
Total Annual Labor Burden (hours)
Total Annual Labor Costs ($)
                                 3-Year Total
                                    67,600
                                 $4.2 million
                                Average Annual
                                    22,500
                                 $1.4 million

Technical, managerial, and clerical average hourly rates for EPA Headquarters staff and EPA Regional staff were selected from the U.S. Office of Personnel Management Salary Table 2022-GS (accessed at <https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2022/GS_h.pdf). These rates were increased by 60 percent to include fringe benefits and overhead. For EPA Headquarters staff, the loaded labor rates are $70.56 per hour for technical (GS-13, Step 5), $98.08 per hour for managerial (GS-15, Step 5), and $40.93 per hour for clerical (GS-9, Step 5). For EPA Regional staff, the loaded labor rates are $55.26 per hour for technical (GS-12, Step 5), $98.08 per hour for managerial (GS-15, Step 5), and $31.15 per hour for clerical (GS-7, Step 5).

The agency cost estimates also include annual costs of $1,000 for miscellaneous administrative charges (e.g., telephone, photocopies, and postage) incurred during the first 3 years after promulgation.
6(d)	 Estimating the Respondent Universe and Total Burden and Costs.
Forty-nine states and the District of Columbia will be subject to the requirements of the emission guidelines. Under the lower bound estimate, 20 states are expected to submit individual state plans for compressor stations only and 30 states are expected to submit individual state plans for other sources also, including compressor stations. Under the lower bound estimate, 10 states are expected to have existing regulatory programs in place. Under the upper bound estimate, 20 states are expected to submit individual state plans for compressor stations and 30 states are expected to submit individual state plans for other sources, including compressor stations. One state is expected to submit a negative declaration. Tribes are expected to rely on the federal plan.
The total number of responses for the recordkeeping, and reporting guidelines in subpart OOOOc over the 3-year ICR period is estimated to be 50. The average number of annual responses over the 3-year ICR period is 17 per year. The total labor burden over the 3-year ICR period is estimated to range from approximately 166,000 to 208,000 person-hours. The total labor costs over the 3-year ICR period are estimated to range from approximately $21 to $26 million.
6(e)	Bottom Line Burden Hours and Cost Tables.
The bottom-line labor hours and costs are shown in Exhibits 1a and 1b for respondents and Exhibit 2a for EPA. The labor hours and costs are summarized in Exhibit 1c for respondents and Exhibit 2b for EPA.
6(f)	Reasons for Change in Burden.
The increase in burden is due to this being a new ICR associated with a new subpart.
6(g)	Burden Statement.
The annual public reporting and recordkeeping burden (as listed in Section 5(b) above) for this collection of information is estimated to range from approximately 3,300 to 4,200 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in 40 CFR part 60 are listed in 40 CFR part 9.
To view comments received 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, the EPA has established a public docket for this ICR under Docket ID Number [EPA-HQ-OAR-2021-0317]. An electronic version of the public docket is available at http://www.regulations.gov/ which may be used to obtain a copy of the collection of information, view public comments submitted, access the index listing of the contents of the docket, and to access those documents in the public docket that are available electronically. When in the system, select "search," then key in the docket ID number identified in this document. The documents are typically available for public viewing at EPA Docket Center Room 3334, EPA WJC West Building, 1301 Constitution Ave., NW, Washington, DC. 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 Public Reading Room is<PHONE_NUMBER>, and the telephone number for the EPA Docket Center is<PHONE_NUMBER>.
PART B
This section is not applicable because statistical methods are not used in data collection associated with these guidelines.
                                  ATTACHMENTS

Exhibit 1a. Lower Bound Respondent Burden and Cost of Reporting and Recordkeeping Requirements for States, Emissions Guidelines for Greenhouse Gas Emissions from Existing Crude Oil and Natural Gas Facilities (40 CFR Part 60, Subpart OOOOc)

Exhibit 1b. Upper Bound Respondent Burden and Cost of Reporting and Recordkeeping Requirements for States, Emissions Guidelines for Greenhouse Gas Emissions from Existing Crude Oil and Natural Gas Facilities (40 CFR Part 60, Subpart OOOOc)

Exhibit 1c. Summary of Respondent Burden and Cost of Reporting and Recordkeeping Requirements for States, Emissions Guidelines for Greenhouse Gas Emissions from Existing Crude Oil and Natural Gas Facilities (40 CFR Part 60, Subpart OOOOc)

Exhibit 2a. Burden and Cost to the Agency, Emissions Guidelines for Greenhouse Gas Emissions from Existing Crude Oil and Natural Gas Facilities (40 CFR Part 60, Subpart OOOOc)

Exhibit 2b. Summary of Agency Burden and Cost, Emissions Guidelines for Greenhouse Gas Emissions from Existing Crude Oil and Natural Gas Facilities (40 CFR Part 60, Subpart OOOOc)

                                  Appendix A

       EPA's Compliance and Emissions Data Reporting (CEDRI) Interface

                                  Appendix B

      Instructions for submitting reports to the EPA via CEDRI per 60.5420b(c)(11):
      (11) You must submit reports to the EPA via CEDRI, except as outlined below. (CEDRI can be accessed through the EPA's CDX (https://cdx.epa.gov/).) The EPA will make all the information submitted through CEDRI available to the public without further notice to you. Do not use CEDRI to submit information you claim as CBI. Anything submitted using CEDRI cannot later be claimed CBI. You must use the appropriate electronic report in CEDRI for this subpart or an alternate electronic file format consistent with the extensible markup language (XML) schema listed on the CEDRI website (https://www.epa.gov/electronic-reporting-air-emissions/cedri/). If the reporting form specific to this subpart is not available in CEDRI at the time that the report is due, you must submit the report to the Administrator at the appropriate address listed in §60.4. Once the form has been available in CEDRI for at least 90 calendar days, you must begin submitting all subsequent reports via CEDRI. The reports must be submitted by the deadlines specified in this subpart, regardless of the method in which the reports are submitted. Although we do not expect persons to assert a claim of CBI, if you wish to assert a CBI claim, submit a complete report generated using the appropriate form in CEDRI or an alternate electronic file consistent with the XML schema listed on the EPA's CEDRI website, including information claimed to be CBI, on a compact disc, flash drive, or other commonly used electronic storage medium to the EPA. The electronic medium shall be clearly marked as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Fuels and Incineration Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same file with the CBI omitted shall be submitted to the EPA via CEDRI. All CBI claims must be asserted at the time of submission. Furthermore, under CAA section 114(c), emissions data is not entitled to confidential treatment, and the EPA is required to make emissions data available to the public. Thus, emissions data will not be protected as CBI and will be made publicly available.


[Federal Register: May 28, 2010 (Volume 75, Number 103)]
[Notices]
[Page 30021]
[DOCID:fr28my10-77]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 516-459]

South Carolina Electric and Gas Company; Saluda Hydroelectric
Project; Notice of Teleconference With the National Marine Fisheries
Service Regarding Preparation of a Biological Assessment for the Saluda
Project

May 20, 2010.
    On June 16, 2010, there will be a teleconference concerning the
above referenced proceeding, initiated from Federal Energy Regulatory
Commission (FERC) Headquarters, commencing at 2 p.m. (Eastern Standard
Time [EST]) and concluding by 4 p.m. EST.
    The purpose of the meeting is to gain a better understanding of why
and what is being requested by the National Marine Fisheries Service
(NMFS) regarding their request for FERC to prepare a biological
assessment for shortnose sturgeon for the Saluda Hydroelectric Project.
The South Carolina Electric and Gas Company will also participate in
the teleconference.
    All local, state, and federal agencies, Indian tribes, and other
interested parties are invited to listen by telephone. The FERC contact
for the Saluda Hydroelectric Project is Lee Emery. Please call Lee
Emery at<PHONE_NUMBER> by 4 p.m. EST, June 11, 2010, or by e-mail at
<EMAIL_ADDRESS>to receive specific instructions on how to
participate in the teleconference.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-12856 Filed 5-27-10; 8:45 am]
BILLING CODE 6717-01-P