Well Files Submitted to EPA Oil and Gas Companies

When this document is completed, the final index will be uploaded to the same location and will contain the following data:

   * Well operator;    * Well name;    * Document name;    * Docket document number.

Docket ORD-2010-0674.


[Federal Register: October 16, 2008 (Volume 73, Number 201)]
[Notices]
[Page 61415-61416]
[DOCID:fr16oc08-46]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC09-65B-000; FERC-65B]

Commission Information Collection Activities, Proposed
Collection; Comment Request; Extension

October 8, 2008.
AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice.

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

SUMMARY: In compliance with the requirements of section 3506(c)(2)(a)
of the Paperwork Reduction Act of 1995 (Pub. L. 104-13), the Federal
Energy Regulatory Commission (Commission) is soliciting public comment
on the specific aspects of the information collection described below.

DATES: Comments on the collection of information are due November 14,
2008.

ADDRESSES: Copies of sample filings of the proposed information
collection can be obtained from the Commission's Web site (http://
www.ferc.gov/docs-filings/elibrary.asp) or from the Federal Energy
Regulatory Commission, Attn: Michael Miller, Office of the Executive
Director, ED-34, 888 First Street, NE., Washington, DC 20426. Comments
may be filed either in paper format or electronically. Those parties
filing electronically do not need to make a paper filing. For paper
filing, the original and 14 copies of such comments should be submitted
to the Secretary of the Commission, Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426 and refer to
Docket No. IC09-65B-000.
    Documents filed electronically via the Internet must be prepared in
an acceptable filing format and in compliance with the Commission's
submission guidelines. Complete filing instructions and acceptable
filing formats are available at http://www.ferc.gov/help. To file the
document, access the Commission's Web site at http://www.ferc.gov,
choose the Documents & Filings tab, click on eFiling, then follow the
instructions given. First time users will have to establish a user name
and password. The Commission will send an automatic acknowledgement to
the sender's e-mail address upon receipt of comments.
    All comments may be viewed, printed or downloaded remotely via the
Internet through FERC's homepage using the eLibrary link. For user
assistance, contact<EMAIL_ADDRESS>or toll-free at (866)
208-3676 or for TTY, contact<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Michael Miller, 888 First St., NE.,
Washington, DC 20426. He may be reached by telephone at<PHONE_NUMBER>,
by fax at<PHONE_NUMBER>, and by e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The information collected under the
requirements of FERC-65B ``Waiver Notification'' (OMB No. 1902-0217) is
used by the Commission to implement the statutory provisions of the
Public Utility Holding Company Act of 2005. Among other things, PUHCA
2005 was intended to give the Commission access to books and records
relevant to costs incurred by a public utility or natural gas company
which are necessary or appropriate for the protection of utility
customers with respect to jurisdictional rates. This intention was made
clear in section 1264 of the Energy Policy Act of 2005, 42 U.S.C.
16452. However, in 18 CFR 366.3(c) the Commission has allowed for
waivers from related requirements for any holding company with respect
to one or more of the following: (1) Single-state holding company
systems; (2) holding companies that own generating facilities that
total 100 MW or less in size and are used fundamentally for their own
load or for sales to affiliated end-users; or (3) investors in
independent transmission-only companies.
    Entities meeting these criteria may file a FERC-65B pursuant to the
notification procedures contained in 18 CFR 366.4 to obtain a waiver.
Filings may be made in hardcopy or electronically through the
Commission's Web site.
    Action: The Commission is requesting a three-year extension of the
current expiration date.
    Burden Statement: Public reporting burden for this collection is
estimated as:

------------------------------------------------------------------------
    Number of          Number of       Average burden
   respondents       responses per        hours per       Total annual
     annually          respondent         response        burden hours
------------------------------------------------------------------------
(1)                            (2)                (3)   (1) x (2) x (3)
------------------------------------------------------------------------
             10                  1                  1                10
------------------------------------------------------------------------

    The estimated total cost to respondents is $607.62. [10 hours
divided by 2080 hours \1\ per year, times $126,384 \2\ equals $607.62].
The average cost per respondent is $60.76.
---------------------------------------------------------------------------

    \1\ Number of hours an employee works each year.
    \2\ Average annual salary per employee.
---------------------------------------------------------------------------

    The reporting burden includes the total time, effort, or financial
resources expended to generate, maintain, retain, disclose, or provide
the information including: (1) Reviewing instructions; (2) developing,
acquiring, installing, using technology and systems for the purposes of
collecting, validating, verifying, processing, maintaining, disclosing
and providing information; (3) adjusting the existing ways to comply
with any previously applicable filing instructions and requirements;
(4) training personnel to respond to a collection of information; (5)
searching data sources; (6) completing and reviewing the collection of
information; and (7) transmitting, or otherwise disclosing the
information.
    The cost estimate for respondents is based upon salaries for
professional and clerical support, as well as direct and indirect
overhead costs. Direct costs include all costs directly attributable to
providing this information, such as administrative costs and the cost
for information technology. Indirect or overhead costs are costs
incurred by an organization in support of its mission. These costs
apply to activities which benefit the whole organization rather than
any one particular function or activity.
    Comments are invited on: (1) The accuracy of the agency's burden
estimate of the proposed information collection, including the validity
of the methodology and assumptions used to calculate the reporting
burden; (2) ways to enhance the quality, utility and clarity of the
information to be collected.

Kimberly Bose,
Secretary.
[FR Doc. E8-24493 Filed 10-15-08; 8:45 am]

BILLING CODE 6717-01-P


                             SUPPORTING STATEMENT
                        ENVIRONMENTAL PROTECTION AGENCY

NESHAP for Secondary Aluminum Production (40 CFR Part 63, Subpart RRR) (Renewal)

1.  Identification of the Information Collection

      1(a)  Title of the Information Collection

NESHAP for Secondary Aluminum Production (40 CFR Part 63, Subpart RRR) (Renewal), EPA ICR Number 1894.07, OMB Control Number 2060-0433

      1(b)  Short Characterization/Abstract

      The National Emission Standards for Hazardous Air Pollutants (NESHAP) for Secondary Aluminum Production were proposed on February 11, 1999, promulgated on March 23, 2000, and final rule amendments published on December 19, 2005.  These regulations apply to component processes at secondary aluminum production plants that are major sources and area sources, including aluminum scrap shredders, thermal chip dryers, scrap dryers/delacquering kilns/decoating kilns, secondary aluminum processing units (SAPUs) composed of in-line fluxers and process furnaces (including both melting and holding furnaces of various configurations), sweat furnaces dross-only furnaces, and rotary dross coolers, commencing construction, or reconstruction after the date of proposal.  As a result of a 2002 rule amendment, owners and operators of certain aluminum die casting facilities, aluminum foundries, and aluminum extrusion facilities were excluded from the rule coverage.  Respondents do not include the owner or operator of any facility that is not a major source of hazardous air pollutant (HAP) emissions, except for those that are area sources of dioxins/furans emissions.  This information is being collected to assure compliance with 40 CFR part 63, subpart RRR.

      In general, all NESHAP standards require initial notifications, performance tests, and periodic reports by the owners/operators of the affected facilities.  They are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative.  These notifications, reports, and records are essential in determining compliance, and are required of all affected facilities subject to NESHAP.

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

      Based on our consultations with industry representatives, there is an average of one affected facility at each plant site and that each plant site has only one respondent (i.e., the owner/operator of the plant site).

      Over the next three years, an average of 1,834 respondents (81 major sources and 1,753 sweat furnaces) per year will be subject to the standard, and 70 additional sweat furnaces per year will become subject to the standard.  We do not estimate any additional new major sources over the three-year period of this ICR.

      All of the secondary aluminum facilities in the United States are owned and operated by the secondary aluminum industry (the "Affected Public").  None of the facilities in the United States are owned by state, local, tribal or the Federal government.  They are all privately owned, for-profit businesses.  The burden to the "Affected Public" may be found below in Table 1: Annual Respondent Burden and Cost − NESHAP for Secondary Aluminum Production (40 CFR Part 63, Subpart RRR) (Renewal).  The Federal government burden associated with the review of reports submitted by the respondent is shown below in Table 2: Average Annual EPA Burden and Cost − NESHAP for Secondary Aluminum Production (40 CFR Part 63, Subpart RRR) (Renewal).

      The Office of Management and Budget (OMB) approved the currently active Information Collection Request (ICR) without any "Terms of Clearance."

2.  Need for and Use of the Collection

      2(a)  Need/Authority for the Collection

      The EPA is charged under section 112 of the Clean Air Act, as amended, to establish standards of performance for each category or subcategory of major sources and area sources of hazardous air pollutants.  These standards are applicable to new or existing sources of hazardous air pollutants and shall require the maximum degree of emission reduction.  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.

      In the Administrator's judgment, HAP emissions from facilities in secondary aluminum manufacturing cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare.  Therefore, the NESHAP were promulgated for this source category at 40 CFR part 63, subpart RRR.

      2(b)  Practical Utility/Users of the Data

      The recordkeeping and reporting requirements in the standard ensure compliance with    the applicable regulations which were promulgated in accordance with the Clean Air Act.  The collected information is also used for targeting inspections and as evidence in legal proceedings.

      Performance tests are required in order to determine an affected facility's initial capability to comply with the emission standard.  Continuous emission monitors are used to ensure compliance with the standard at all times.  During the performance tests, a record of the operating parameters under which compliance was achieved may be recorded and used to determine compliance in place of a continuous emission monitor.

      The notifications required in the standard are used to inform the Agency or delegated authority when a source becomes subject to the requirements of the regulations.  The reviewing authority may then inspect the source to ensure that the pollution control devices are properly installed and operated, that leaks are being detected and repaired, and that the standards are being met.  The performance test may also be observed.

      The required semiannual reports are used to determine periods of excess emissions, identify problems at the facility, verify operation/maintenance procedures, and for compliance determinations.

3.  Non-duplication, Consultations, and Other Collection Criteria

      The requested recordkeeping and reporting are required under 40 CFR part 63, subpart RRR.

      3(a)  Non-duplication

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

      3(b)  Public Notice Required Prior to ICR Submission to OMB
      An announcement of a public comment period for the renewal of this ICR was published in the Federal Register (77 FR 47631) on August 9, 2012.  No comments were received on the burden published in the Federal Register.

      3(c)  Consultations

      The Agency has consulted industry experts and internal data sources to project the number of affected facilities and industry growth over the next three years.  The primary source of information as reported by industry, in compliance with the recordkeeping and reporting provisions in the standard, is the Online Tracking Information System (OTIS) which is operated and maintained by EPA's Office of Compliance.  OTIS is EPA's database for the collection, maintenance, and retrieval of all compliance data.  The growth rate for the industry is based on our consultations with the Agency's internal industry experts.

      Consultations with industry representatives were conducted to determine if there is any way for EPA to reduce the recordkeeping and reporting burden or improve the language in the standards to facilitate industry compliance.  Industry representatives were also provided an opportunity to comment on the ICR burden, including the size, growth, and other characteristics of the regulated industry.  For this renewal, we contacted: 1) the Aluminum Association, at<PHONE_NUMBER>; and 2) the North American Die Casting Association (NADCA), at<PHONE_NUMBER>.

--------------------------------------------------------------------------------
      It is our policy to respond after a thorough review of comments received since the last ICR renewal as well as those submitted in response to the first Federal Register notice. In this case, no comments were received.
--------------------------------------------------------------------------------

      3(d)  Effects of Less Frequent Collection

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

      3(e)  General Guidelines

      These reporting or recordkeeping requirements do not violate any of the regulations established by OMB at 5 CFR part 1320, section 1320.5.

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

      3(f)  Confidentiality

      Any information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to the Agency policies set forth in title 40, chapter 1, part 2, subpart B - Confidentiality of Business Information (CBI) (see 40 CFR 2; 41 FR 36902, September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43 FR 42251, September 20, 1978; 44 FR 17674, March 23, 1979).

      3(g)  Sensitive Questions

      The reporting or recordkeeping requirements in the standard do not include sensitive questions.

4.  The Respondents and the Information Requested

      4(a)  Respondents/SIC Codes

      The respondents to the recordkeeping and reporting requirements are secondary aluminum production facilities.  The United States Standard Industrial Classification (SIC) codes for the respondents affected by the standards, which correspond to the North American Industry Classification System (NAICS) codes, are listed below for this source category.

                    Standard (40 CFR, Part 63, Subpart RRR)
                                   SIC Codes
                                  NAICS Codes
Secondary Smelting and Alloying of Aluminum
                                  3341, 3399
                                    331314
Primary Aluminum Production
                                     3334
                                    331312
Aluminum Sheet, Plate, and Foil Manufacturing
                                     3353
                                    331315
Aluminum Extruded Product Manufacturing
                                     3354
                                    331316
Other Aluminum Rolling and Drawing
                                     3355
                                    331319
Aluminum Die-Casting Foundries
                                     3363
                                    331521
Aluminum Foundries (except Die-Casting)
                                     3365
                                    331524

      4(b)  Information Requested

            (i)  Data Items

      In this ICR, all the data that is recorded or reported is required by the NESHAP for Secondary Aluminum Production (40 CFR Part 63, Subpart RRR).

      A source must make the following reports:

                                 Notifications
Initial notification
63.9(b)(1)-(2)
Intention to construct/reconstruct
63.9(b)(5), 63.1515(a)(4)
Initial performance test and visible emission observations
63.10(d)(2)
Anticipated and actual date of startup
63.1515(a)(3)
Reschedule initial performance test
63.7(b)(2)
Special compliance obligations for a new source
63.1515(5)
Demonstration of continuous monitoring systems
63.9(g)
Opacity or visible emissions for major sources
63.10(d)(3), 63.1515(a)(6)
Notification of compliance status
63.9(h), 63.1515(b)
Periodic startup, shutdown, malfunction reports
63.10(d)(5)(i)
Operation, maintenance, and monitoring plan for each emission unit to be approved by the permitting authority
63.6(e)(1)-(2)
Semiannual report
63.10(e), 63.1516(b)

      A source must keep the following records:

                                Recordkeeping
Startup, shutdown, malfunction periods where the continuous monitoring system is inoperative
63.10(b)(2)
Emission test results and other data needed to determine emissions
61.13(g)
All reports and notifications
63.10(b)
Record of applicability
63.10(b)(3)
Records of sources with continuous monitoring systems
63.10(3)
Records are required to be retained for five years
63.10(b)(1), 63.1517

Electronic Reporting

--------------------------------------------------------------------------------
      Some of the respondents are using monitoring equipment that automatically records parameter data.  Although personnel at the affected facility must still evaluate the data, internal automation has significantly reduced the burden associated with monitoring and recordkeeping at a plant site.
--------------------------------------------------------------------------------

--------------------------------------------------------------------------------
      Also, regulatory agencies in cooperation with the respondents continue to create reporting systems to transmit data electronically.  However, electronic reporting systems are not widely used.  At this time, it is estimated that 10 percent of the respondents use electronic reporting.
--------------------------------------------------------------------------------

--------------------------------------------------------------------------------
            (ii)  Respondent Activities
--------------------------------------------------------------------------------

                             Respondent Activities
Read instructions.
Install, calibrate, maintain, and operate continuous parameter monitors (e.g. temperature monitors), continuous opacity monitors, flow monitors and bag leak detectors, if applicable.
Perform initial performance test Reference Methods 1, 2, 3, 4, 5, 9, 23, 25A, 26A, test and repeat performance tests if necessary.
Write the notifications and reports listed above.
Enter information required to be recorded above.
Submit the required reports developing, acquiring, installing, and utilizing technology and systems for the purpose of collecting, validating, and verifying information.
Develop, acquire, install, and utilize technology and systems for the purpose of processing and maintaining information.
Develop, acquire, install, and utilize technology and systems for the purpose of disclosing and providing information.
Adjust the existing ways to comply with any previously applicable instructions and requirements.
Train personnel to be able to respond to a collection of information.
Transmit, or otherwise disclose the information.

	Currently, sources are using monitoring equipment that provides parameter data in an automated way (e.g., continuous parameter monitoring system).  Although personnel at the source still need to evaluate the data, this type of monitoring equipment has significantly reduced the burden associated with monitoring and recordkeeping.

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

      5(a)  Agency Activities

      EPA conducts the following activities in connection with the acquisition, analysis, storage, and distribution of the required information.

                               Agency Activities
Observe initial performance tests and repeat performance tests if necessary.
Review notifications and reports, including performance test reports, excess emissions reports, required to be submitted by industry.
Audit facility records.
Input, analyze, and maintain data in the Online tracking Information System (OTIS).

      5(b)  Collection Methodology and Management

Following notification of startup, the reviewing authority could inspect the source to determine whether the pollution control devices are properly installed and operated.  Performance test reports are used by the Agency to discern a source's initial capability to comply with the emission standard and note the operating conditions under which compliance was achieved.  Data and records maintained by the respondents are tabulated and published for use in compliance and enforcement programs. The semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations.

      Information contained in the reports is entered into OTIS, which is operated and maintained by the EPA Office of Compliance.  OTIS is EPA's database for the collection, maintenance, and retrieval of compliance data for approximately 125,000 industrial and government-owned facilities.  EPA uses OTIS for tracking air pollution compliance and enforcement by local and state regulatory agencies, EPA regional offices, and EPA headquarters.  EPA-delegated Authorities can edit, store, retrieve and analyze the data.

      The records required by this regulation must be retained by the owner or operator for five years.

      5(c)  Small Entity Flexibility

--------------------------------------------------------------------------------
      The majority of the respondents are large entities (i.e., large businesses).  However, the impact on small entities (i.e., small businesses) was taken into consideration during the development of the regulation.  Due to technical considerations involving the process operations and the types of control equipment employed, the recordkeeping and reporting requirements are the same for both small and large entities.  The Agency considers these to be the minimum requirements needed to ensure compliance and, therefore, cannot reduce them further for small entities.  To the extent that larger businesses can use economies of scale to reduce their burden, the overall burden will be reduced.

      5(d)  Collection Schedule

      The specific frequency for each information collection activity within this request is shown below in Table 1: Annual Respondent Burden and Cost − NESHAP for Secondary Aluminum Production (40 CFR Part 63, Subpart RRR) (Renewal).

6.  Estimating the Burden and Cost of the Collection

      Table 1 documents the computation of individual burdens for the recordkeeping and reporting requirements applicable to the industry for the subpart included in this ICR.  The individual burdens are expressed under standardized headings believed to be consistent with the concept of burden under the Paperwork Reduction Act.  Wherever 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 to industry over the next three years from these recordkeeping and reporting requirements is estimated to be 101,856 (Total Labor Hours from Table 1 below).  These hours are based on Agency studies and background documents from the development of the regulation, Agency knowledge and experience with the NESHAP program, the previously approved ICR, and any comments received.

      6(b)  Estimating Respondent Costs

            (i)  Estimating Labor Costs

--------------------------------------------------------------------------------
      This ICR uses the following labor rates:
--------------------------------------------------------------------------------

--------------------------------------------------------------------------------
            Managerial	$121.44 ($57.83 + 110%)
--------------------------------------------------------------------------------
            Technical	$100.23   ($47.73 + 110%)
--------------------------------------------------------------------------------
            Clerical	$50.51   ($24.05 + 110%)
--------------------------------------------------------------------------------

--------------------------------------------------------------------------------
These rates are from the United States Department of Labor, Bureau of Labor Statistics, March 2012, "Table 2. Civilian Workers, by occupational and industry group."  The rates are from column 1, "Total compensation."  The rates have been increased by 110 percent to account for the benefit packages available to those employed by private industry.

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

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

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

--------------------------------------------------------------------------------
Capital/Startup vs. Operation and Maintenance (O&M) Costs
--------------------------------------------------------------------------------
(A)
--------------------------------------------------------------------------------
Continuous Monitoring Device
--------------------------------------------------------------------------------
(B)
--------------------------------------------------------------------------------
Capital/Startup Cost for One Respondent
--------------------------------------------------------------------------------
(C)
--------------------------------------------------------------------------------
Number of New Respondents
--------------------------------------------------------------------------------
(D)
--------------------------------------------------------------------------------
Total Capital/Startup Cost,
--------------------------------------------------------------------------------
(B X C)
--------------------------------------------------------------------------------
(E)
--------------------------------------------------------------------------------
Annual O&M Costs for One Respondent
--------------------------------------------------------------------------------
(F)
--------------------------------------------------------------------------------
Number of Respondents with O&M
--------------------------------------------------------------------------------
(G)
--------------------------------------------------------------------------------
Total O&M,
--------------------------------------------------------------------------------
(E X F)
--------------------------------------------------------------------------------
Bag leak detectors
--------------------------------------------------------------------------------
$29,786
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
$0
--------------------------------------------------------------------------------
$5,250 [1]
--------------------------------------------------------------------------------
27
--------------------------------------------------------------------------------
$141,750
--------------------------------------------------------------------------------
Flow meters [2]
--------------------------------------------------------------------------------
$3,000
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
$0
--------------------------------------------------------------------------------
$0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
$0
--------------------------------------------------------------------------------
Temperature monitors [3]
--------------------------------------------------------------------------------
$1,200
--------------------------------------------------------------------------------
70
--------------------------------------------------------------------------------
$84,000
--------------------------------------------------------------------------------
$0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
$0
--------------------------------------------------------------------------------
Continuous opacity monitors [4]
--------------------------------------------------------------------------------
$36,000
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
$0
--------------------------------------------------------------------------------
$7,500
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
$0
--------------------------------------------------------------------------------
TOTAL
--------------------------------------------------------------------------------

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

--------------------------------------------------------------------------------
$84,000
--------------------------------------------------------------------------------

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

--------------------------------------------------------------------------------
$141,750
 1 --------------------------------------------------------------------------------
Assume that 34 percent of major sources (or 27 respondents) will use bag leak detectors on fabric filters with an average cost to industry at $29,786.  The actual cost of the bag leak detectors depends on the number of probes on the unit, and O&M costs for bag leak detectors is approximately $5,250.
 2 --------------------------------------------------------------------------------
All chlorine injection systems already have chlorine flow meters and the operation and maintenance costs are negligible.
 3 --------------------------------------------------------------------------------
Temperature monitors will be installed at new sweat furnaces (70 per year) at a cost of $1,200.  The O&M costs for temperatures monitors are negligible.
 4 --------------------------------------------------------------------------------
Sources with fabric filters will be complying with the monitoring requirements through the use of a bag leak detector or visible emissions observations and not continuous opacity monitors.

      The total capital/startup costs for this ICR are $84,000.  This is the total of column D in the above table.

--------------------------------------------------------------------------------
      The total operation and maintenance (O&M) costs for this ICR are $141,750.  This is the total of column G.
--------------------------------------------------------------------------------

      The average annual cost for capital/startup and operation and maintenance costs to industry over the next three years of the ICR is estimated to be $225,750.  These are recordkeeping costs.

      6(c)  Estimating Agency Burden and Cost

--------------------------------------------------------------------------------
      The only costs to the Agency are those costs associated with analysis of the reported information.  EPA's overall compliance and enforcement program includes activities such as the examination of records maintained by the respondents, periodic inspection of sources of emissions, and the publication and distribution of collected information.
--------------------------------------------------------------------------------

--------------------------------------------------------------------------------
      The average annual Agency cost during the three years of the ICR is estimated to be $741,216.
--------------------------------------------------------------------------------

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

--------------------------------------------------------------------------------
      	Managerial	$62.27 (GS-13, Step 5, $38.92 + 60%)
--------------------------------------------------------------------------------
      	Technical	$46.21 (GS-12, Step 1, $28.88 + 60%)
--------------------------------------------------------------------------------
      	Clerical	$25.01 (GS-6, Step 3, $15.63 + 60%)
--------------------------------------------------------------------------------

These rates are from the Office of Personnel Management (OPM), 2012 General Schedule, which excludes locality, rates of pay.  The rates have been increased by 60 percent to account for the benefit packages available to government employees.  Details upon which this estimate is based appear below in Table 2: Average Annual EPA Burden and Cost − NESHAP for Secondary Aluminum Production (40 CFR Part 63, Subpart RRR) (Renewal).
--------------------------------------------------------------------------------

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

	Based on our research for this ICR, on average over the next three years, approximately 1,764 existing respondents will be subject to the standard.  It is estimated that an additional 70 respondent per year will become subject.  The overall average number of respondents, as shown in the table below, is 1,834 per year.

	The number of respondents is calculated using the following table that addresses the three years covered by this ICR.

--------------------------------------------------------------------------------
Number of Respondents
--------------------------------------------------------------------------------
Year
--------------------------------------------------------------------------------
(A)
--------------------------------------------------------------------------------
Number of New Respondents
--------------------------------------------------------------------------------
(B)
--------------------------------------------------------------------------------
Number of Existing Respondents
--------------------------------------------------------------------------------
(C)
--------------------------------------------------------------------------------
Number of Existing Respondents That Keep Records But Do Not Submit Reports
--------------------------------------------------------------------------------
(D)
--------------------------------------------------------------------------------
Number of Existing Respondents That Are Also New Respondents
--------------------------------------------------------------------------------
(E)
--------------------------------------------------------------------------------
Number of Respondents
--------------------------------------------------------------------------------
(E=A+B+C-D)
--------------------------------------------------------------------------------
1
--------------------------------------------------------------------------------
70
--------------------------------------------------------------------------------
1,694
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
1,764
--------------------------------------------------------------------------------
2
--------------------------------------------------------------------------------
70
--------------------------------------------------------------------------------
1,764
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
1,834
--------------------------------------------------------------------------------
3
--------------------------------------------------------------------------------
70
--------------------------------------------------------------------------------
1,834
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
1,904
--------------------------------------------------------------------------------
Average
--------------------------------------------------------------------------------
70
--------------------------------------------------------------------------------
1,764
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
1,834

      Column D is subtracted to avoid double-counting respondents.  As shown above, the average Number of Respondents over the three-year period of this ICR is 1,834.

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

--------------------------------------------------------------------------------
Total Annual Responses
--------------------------------------------------------------------------------
(A)
--------------------------------------------------------------------------------
Information Collection Activity
--------------------------------------------------------------------------------
(B)
--------------------------------------------------------------------------------
Number of Respondents
--------------------------------------------------------------------------------
(C)
--------------------------------------------------------------------------------
Number of Responses
--------------------------------------------------------------------------------
(D)
--------------------------------------------------------------------------------
Number of Existing Respondents That Keep Records But Do Not Submit Reports
--------------------------------------------------------------------------------
(E)
--------------------------------------------------------------------------------
Total Annual Responses
--------------------------------------------------------------------------------
E=(BxC)+D
--------------------------------------------------------------------------------
Notification of applicability
--------------------------------------------------------------------------------
70
--------------------------------------------------------------------------------
1
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
70
--------------------------------------------------------------------------------
Notification of construction/reconstruction
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
Notification of actual startup
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
Notification of special compliance requirements
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
Notification of performance test
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
1
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
Notification of compliance status
--------------------------------------------------------------------------------
81
--------------------------------------------------------------------------------
1
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
81
--------------------------------------------------------------------------------
Waiver application
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
1
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
Semiannual reports
--------------------------------------------------------------------------------
1,764
--------------------------------------------------------------------------------
2
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
3,528
--------------------------------------------------------------------------------
Startup, shutdown, malfunction report
--------------------------------------------------------------------------------
2
--------------------------------------------------------------------------------
1
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
2
--------------------------------------------------------------------------------

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

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

--------------------------------------------------------------------------------
Total
--------------------------------------------------------------------------------
3,681

      The number of Total Annual Responses is 3,681.

      The total annual labor costs are $9,862,781.  Details regarding these estimates may be found below in Table 1: Annual Respondent Burden and Cost − NESHAP for Secondary Aluminum Production (40 CFR Part 63, Subpart RRR) (Renewal).

      6(e)  Bottom Line Burden Hours Burden Hours and Cost Tables

--------------------------------------------------------------------------------
      The detailed bottom line burden hours and cost calculations for the respondents and the Agency are shown in Tables 1 and 2, respectively, and summarized below.
--------------------------------------------------------------------------------

--------------------------------------------------------------------------------
            (i)  Respondent Tally

      The total annual labor hours are 101,856 at a cost of $9,862,781.  Details regarding these estimates may be found below in Table 1: Annual Respondent Burden and Cost − NESHAP for Secondary Aluminum Production (40 CFR Part 63, Subpart RRR) (Renewal).

      Furthermore, the annual public reporting and recordkeeping burden for this collection of information is estimated to average 28 hours per response.
--------------------------------------------------------------------------------

--------------------------------------------------------------------------------
      The total annual capital/startup and O&M costs to the regulated entity are $225,750. The cost calculations are detailed in Section 6(b)(iii), Capital/Startup vs. Operation and Maintenance (O&M) Costs.
--------------------------------------------------------------------------------

--------------------------------------------------------------------------------
            (ii)  The Agency Tally
--------------------------------------------------------------------------------

      The average annual Agency burden and cost over next three years is estimated to be 16,448 labor hours at a cost of $741,216.  See Table 2: Average Annual EPA Burden and Cost − NESHAP for Secondary Aluminum Production (40 CFR Part 63, Subpart RRR) (Renewal).

      6(f)  Reasons for Change in Burden

      There is an adjustment increase in the total estimated burden as currently identified in the OMB Inventory of Approved Burdens.  This increase is not due to any program changes.  The change in the burden and cost estimates occurred because the estimated average number of annual respondents has increased. Additionally, the revised burden and cost estimates reflect updated labors rates available from the Bureau of Labor Statistics.

      6(g)  Burden Statement

      The annual public reporting and recordkeeping burden for this collection of information is estimated to average 28 hours per response.  Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency.  This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.

--------------------------------------------------------------------------------
      An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB Control Number.  The OMB Control Numbers for EPA's regulations are listed at 40 CFR part 9 and 48 CFR chapter 15.

      To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number EPA-HQ-OECA-2012-0505.  An electronic version of the public docket is available at http://www.regulations.gov/ which may be used to obtain a copy of the draft collection of information, submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the public docket that are available electronically.  When in the system, select "search," then key in the docket ID number identified in this document.  The documents are also available for public viewing at the Enforcement and Compliance Docket and Information Center in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW, Washington, DC.  The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.  The telephone number for the Reading Room is<PHONE_NUMBER>, and the telephone number for the docket center is<PHONE_NUMBER>.  Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Officer for EPA.  Please include the EPA Docket ID Number EPA-HQ-OECA-2012-0505 and OMB Control Number 2060-0433 in any correspondence.

Part B of the Supporting Statement

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

Table 1:  Annual Respondent Burden and Cost  -  NESHAP for Secondary Aluminum Production (40 CFR Part 63, Subpart
 RRR) (Renewal)

                                  Burden item
                                      (A)
                          Person hours per occurrence
                                      (B)
                  No. of occurrences per respondent per year
                                      (C)
                     Person hours per respondent per year
                                    (C=AxB)
                                      (D)
                           Respondents per year  [a]
                                      (E)
                       Technical person- hours per year
                                    (E=CxD)
                                      (F)
                       Management person hours per year
                                   (Ex0.05)
                                      (G)
                        Clerical person hours per year
(Ex0.1)
                                      (H)
                                  Total Cost
                                  Per year b

1.  Applications
                                      N/A

2.  Surveys and studies
                                      N/A

3.  Acquisition, installation, and utilization [c]
     of  technology and systems
                                      54
                                       1
                                      54
                                      70
                                     3,780
                                      189
                                      378
                                                                    $420,924.36
4.  Reporting requirements

     a.  Read instructions [d]
                                     0.13
                                       1
                                     0.13
                                      70
                                     9.10
                                     0.46
                                     0.91
                                                                      $1,013.34
     b.  Required activities

        Initial performance test [e, f]
                                      24
                                       1
                                      24
                                       0
                                       0
                                       0
                                       0
                                                                             $0
        Repeat performance test [e, f]
                                      24
                                     0.20
                                     4.80
                                       0
                                       0
                                       0
                                       0
                                                                             $0
        Operating, maintenance and monitoring
        plan [e, f]
                                      32
                                       1
                                      32
                                      70
                                     2,240
                                      112
                                      224
                                                                    $249,436.66
        Startup, shutdown, malfunction (SSM) plan [g]
                                      32
                                       1
                                      32
                                      70
                                     2,240
                                      112
                                      224
                                                                    $249,436.66
     c.  Create information
                                    See 4B

     d.  Gather existing information
                                    See 4B

     e.  Write report

        Notification of applicability [e, f]
                                       2
                                       1
                                       2
                                      70
                                      140
                                       7
                                      14
                                                                     $15,589.79
        Notification of construction/reconstruction
                                      N/A

        Notification/report of actual startup
                                      N/A

        Notification of special compliance
        Requirements
                                      N/A

        Notification of performance test [e]
                                       2
                                       1
                                       2
                                       0
                                       0
                                       0
                                       0
                                                                             $0
        Notification of compliance status [e]
                                       4
                                       1
                                       4
                                      81
                                      324
                                     16.2
                                     32.4
                                                                     $36,079.23
        Waiver application [h]
                                       2
                                       1
                                       2
                                       0
                                       0
                                       0
                                       0
                                                                             $0
        Report of performance test
                                    See 4B

        Semiannual reports [i]
                                       8
                                       2
                                      16
                                     1,764
                                    28,224
                                    1,411.2
                                    2,822.4
                                                                  $3,142,901.87
        SSM report [j]
                                       8
                                       1
                                       8
                                       2
                                      16
                                      0.8
                                      1.6
                                                                      $1,781.69
Subtotal  for Reporting  Requirements

                                    42,519

                                                                  $4,117,163.58
5.  Recordkeeping requirements

     a.  Read instructions
                                       4
                                       1
                                       4
                                      81
                                      324
                                     16.2
                                     32.4
                                                                     $36,079.23
     b.  Plan activities
                                    See 4E

     c.  Implement activities
                                    See 4B

     d.  Develop record system
                                      N/A

     e.  Time to enter/transmit information

         Records of all information required by the
         standards
                                      N/A

               Major sources [k]
                                      1.5
          52
                                      78
                                      81
                                     6,318
                                     315.9
                                     631.8
                                                                    $703,545.00
               Sweat furnaces [l]
                                      0.5
          52
                                      26
                                     1,683
                                    43,758
                                    2,187.9
                                    4,375.8
                                                                  $4,872,700.53
     f.  Time to train personnel [m]
                                       4
                                       1
                                       4
                                      70
                                      280
                                      14
                                      28
                                                                     $31,179.58
    g.  Time to adjust existing ways to comply with
         previous applicable requirements
                                      N/A

    h.  Time to disclose information

              New sources [n]
                                     0.25
                                       2
                                      0.5
                                      70
                                      35
                                     1.75
                                      3.5
                                                                      $3,897.45
              All sources [o]
                                     0.25
                                       2
                                      0.5
                                     1,764
                                      882
                                     44.1
                                     88.2
                                                                     $98,215.68
    i.  Time for audits
                              N/A

Subtotal  for Recordkeeping Requirements

                                    59,337

                                                                  $5,745,617.47
TOTAL LABOR BURDEN AND COST (rounded)

                                    101,856

                                                                    $9,862,781

Assumptions:
[a]  We have assumed that the average number of respondents that will be subject to this rule will be 1,764.  There are approximately 1,683 sweat furnaces and 81 major sources that are currently subject to the rule.  It is estimated that there will be an additional 70 new sweat furnaces subject to the dioxins/furans requirements of the rule based on the number of new sweat furnaces meeting the requirements over the three year period of the ICR.  There will be no additional new major sources over the three-year period of this ICR.
[b]  This ICR uses the following labor rates:  $121.44 per hour for Executive, Administrative, and Managerial labor; $100.23 per hour for Technical labor, and $50.51 per hour for Clerical labor.  These rates are from the United States Department of Labor, Bureau of Labor Statistics, March 2012, Table 2. Civilian Workers, by occupational and industry group.  The rates are from column 1, "Total compensation."  The rates have been increased by 110 percent to account for the benefit packages available to those employed by private industry.
[c]  We have assumed that it will take each new respondent 54 hours to complete the task.  This burden cost is associated with the monitoring of all control equipment ensuring that respondents of new sweat furnaces meet the required specifications of this subpart.
[d]  We have assumed that it will take each respondent 0.13 hours to read instructions.
[e]  We have assumed that all existing sources are in compliance with the initial rule requirements.  It is further assumed that new sweat furnaces will comply by meeting the equipment specifications rather than by conducting performance tests.  Respondents that are major sources are required to demonstrate initial compliance with the applicable emission limit, equipment, work practice, or operational standard for affected source or emission unit and report results in the notification of compliance status report.
[f]  Since we have assumed that there will be no new sources over the next three-year period of this ICR, there will be no new sources conducting initial performance tests.  We have determined that respondents of new sweat furnaces will not be required to conduct emissions testing to show compliance with the emission limit, since it was determined that sweat furnaces sold in the United States now have an afterburner installed and meet the design residence time of 0.8 seconds or greater and an operating temperature of 1600 [o]F or greater.  All new respondents are required to submit for approval an operation, maintenance and monitoring plan for affected sources.
[g]  We have assumed that respondents of sweat furnaces may submit with the notification of compliance report information on the manufacturers specifications and the SSM plan
[h]  It is assumed that there will be no new sources requiring a waiver from the performance test requirements.
[i]  It is assumed that each respondent will take 8 hours to write semiannual report of excess emissions or no excess emissions.
[j]  It is assumed that two major sources will have a startup, shutdown, malfunction occurrence per year that is not managed according to plan.
[k]  It is assumed that it will take 1.5 hours for major source respondents to enter and transmit records.
l  It is assumed that it will take 0.5 hours for existing sweat furnaces respondents to enter and transmit records.
[m]  We have assumed that it will take 4 hours to train new sweat furnaces employees.
[n]  We have assumed that it will take 0.25 hours to each new sweat furnaces respondent to disclose information.
[o]  We have assumed that it will take 0.25 hours for each respondent to disclose information.

Table 2:  Average Annual EPA Burden and Cost - NESHAP for Secondary Aluminum Production (40 CFR Part 63, Subpart
  RRR) (Renewal)

                                   Activity
                                      (A)
                       EPA person- hours per occurrence
                                      (B)
                     No. of occurrences per plant per year
                                      (C)
                     EPA person- hours per plant per year
                                    (C=AxB)
                                      (D)
                             Plants per year  [a]
                                      (E)
                       Technical person- hours per year
                                    (E=CxD)
                                      (F)
                       Management person-hours per year
                                   (Ex0.05)

                                      (G)
                        Clerical person-hours per year
                                    (Ex0.1)
                                      (H)
                                  Cost, $ [b]
Initial performance tests
                                      40
                                      1.4
                                      56
                                       0
                                       0
                                       0
                                       0
                                                                             $0
Report performance test including retesting [c]
                                      48
                                       1
                                      48
                                       0
                                       0
                                       0
                                       0
                                                                             $0
Notification of applicability
                                      0.5
                                       1
                                      0.5
                                      70
                                      35
                                     1.75
                                      3.5
                                                                      $1,813.78
Notification of construction/reconstruction
                                      N/A

Notification of actual startup
                                      N/A

Notification of special compliance
requirements
                                      N/A

Notification of performance test
                                       2
                                       1
                                       2
                                       0
                                       0
                                       0
                                       0
                                                                             $0
Notification of compliance status [d]
                                       2
                                       1
                                       2
                                      70
                                      140
                                       7
                                      14
                                                                      $7,255.14
Report of performance test [c]
                                      40
                                       1
                                      40
                                       0
                                       0
                                       0
                                       0
                                                                             $0
Repeat of performance test report [c]
                                      40
                                       1
                                      40
                                       0
                                       0
                                       0
                                       0
                                                                             $0
Semiannual reports [e]
                                       4
                                       2
                                       8
                                     1,764
                                    14,112
                                     705.6
                                    1,411.2
                                                                    $731,317.71
Startup, shutdown, malfunction report [f]
                                       8
                                       1
                                       8
                                       2
                                      16
                                      0.8
                                      1.6
                                                                        $829.16
Subtotals Labor Burden and cost

                                    14,303
                                    715.15
                                    1,430.3
                                                                    $741,215.79
TOTAL ANNUAL BURDEN AND COST (rounded)

                                    16,448
                                                                       $741,216
--------------------------------------------------------------------------------

Assumptions:
[a]  We have assumed that the average number of respondents that will be subject to this rule will be 1,764.  There are approximately 1,683 sweat furnaces and 81 major sources that are currently subject to the rule.  It is estimated that there will be an additional 70 new sweat furnaces subject to the dioxins/furans requirements of the rule based on the number of new sweat furnaces meeting the requirements over the three year period of the ICR.  There will be no additional new major sources over the three-year period of this ICR.
[b]  This cost is based on the following labor rates which incorporates a 1.6 benefits multiplication factor to account for government overhead expenses: $62.27 Managerial rate (GS-13, Step 5, $38.92 x 1.6), $46.21 Technical rate (GS-12, Step 1, $28.88 x 1.6), and $25.01 Clerical rate (GS-6, Step 3, $15.63 x 1.6).  These rates are from the Office of Personnel Management (OPM) 2012 General Schedule, which excludes locality rates of pay.
[c]  We have assumed that all existing respondent are in compliance with the initial rule requirements.  It is further assumed that new sweat furnaces will comply by meeting the equipment specification than by conducting performance test.
[d] We have assumed that it will take 2 hours for each respondent to complete notification of compliance status.
[e]  We have assumed that each existing respondent will take 4 hours two times per year to complete the semiannual reports.
[f]  We have assumed that two major sources will have a startup, shutdown, malfunction occurrence that is not managed according to plan.


[Federal Register Volume 80, Number 147 (Friday, July 31, 2015)]
[Notices]
[Pages 45652-45653]
[FR Doc No: 2015-18842]

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

ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9022-2]

Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or http://www2.epa.gov/nepa.

Weekly receipt of Environmental Impact Statements (EISs)
Filed 07/20/2015 Through 07/24/2015
Pursuant to 40 CFR 1506.9.

Notice

    Section 309(a) of the Clean Air Act requires that EPA make public
its comments on EISs issued by other Federal agencies. EPA's comment
letters on EISs are available at: https://cdxnodengn.epa.gov/cdx-enepa-public/action/eis/search.

EIS No. 20150203, Final, NIH, MD, NIH Bethesda Chilled Water Systems
Improvements, Review Period Ends: 08/31/2015, Contact: Valerie
Nottingham<PHONE_NUMBER>.
EIS No. 20150204, Final, BOP, KY, U.S. Penitentiary and Federal Prison
Camp, Review Period Ends: 08/31/2015, Contact: Issac Gaston 202-514-
6470.
EIS No. 20150205, Final, NRC, IL, Generic--License Renewal of Nuclear
Plants, Supplement 54, Regarding Byron Station, Units 1 and 2, NUREG-
1437, Review Period Ends: 08/31/2015, Contact: Lois M. James 301-415-
3306.
EIS No. 20150206, Final, USACE, CA, Elverta Specific Plan Project,
Review Period Ends: 08/31/2015, Contact: Marc A. Fugler<PHONE_NUMBER>.
EIS No. 20150207, Draft, DOE, NH, Northern Pass Transmission Line
Project, Comment Period Ends: 10/29/2015, Contact: Brian Mills 202-586-
8267.

Amended Notices

EIS No. 20150088, Draft, USMC, Other, Commonwealth of the Northern
Mariana Islands (CJMT) Joint Military Training, Comment Period Ends:
08/17/2015, Contact: Lori Robertson<PHONE_NUMBER>, Revision to FR Notice
Published 05/15/2015; Extending the Comment Period from 08/03/2015 to
08/17/2015.
EIS No. 20150196, Draft Supplement, BR, CA, Bay Delta Conservation
Plan/

California Water Fix, Comment Period Ends: 10/30/2015, Contact:
Michelle Banonis<PHONE_NUMBER>, Revision to FR Notice Published 07/17/
2015; Extending the Comment Period from 08/31/2015 to 10/30/2015.

    Dated: July 28, 2015.
Dawn Roberts,
Management Analyst, NEPA Compliance Division, Office of Federal
Activities.
[FR Doc. 2015-18842 Filed 7-30-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 161 (Monday, August 20, 2018)]
[Rules and Regulations]
[Pages 42026-42028]
[FR Doc No: 2018-17855]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0750]
RIN 1625-AA00

Safety Zone; Allegheny River Miles 0.7 to 1.0, Pittsburgh, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters of the Allegheny River, extending the entire width
of the river, from mile marker (MM) 0.7 to MM 1.0. This safety zone is
necessary to protect persons, vessels, and the marine environment from
potential hazards associated with a fireworks display. Entry of persons
or vessels into this zone is prohibited unless authorized by the
Captain of the Port Marine Safety Unit Pittsburgh or a designated
representative.

DATES: This rule is effective from 7:30 p.m. through 9 p.m. on
September 11, 2018.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0750 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Jennifer Haggins, Marine Safety Unit
Pittsburgh, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Marine Safety Unit Pittsburgh
DHS Department of Homeland Security
FR Federal Register
MM Mile marker
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(3)(B), the Coast Guard finds that
good cause exists for not publishing a notice of proposed rulemaking
(NPRM) with respect to this rule because it is impracticable. This
safety zone must be established by September 11, 2018, and we lack
sufficient time to provide a reasonable comment period and then
consider those comments before issuing this rule. The NPRM process
would delay the establishment of the safety zone until after the date
of the fireworks display and compromise public safety.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying this rule would be
contrary to the public interest because immediate action is necessary
to respond to the potential safety hazards associated with this
fireworks display.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Marine Safety Unit Pittsburgh (COTP) has
determined that potential hazards associated with this barge-launched
fireworks display will be a safety hazard for anyone within a less than
one half-mile stretch of the Allegheny River. The rule is necessary to
protect persons, vessels, and the marine environment on the navigable
waters within the safety zone before, during, and after the fireworks.

IV. Discussion of the Rule

    This rule establishes a safety zone from 7:30 p.m. through 9 p.m.
on September 11, 2018. The safety zone will cover all navigable waters
of the Allegheny River, extending the entire width of the river, from
mile marker (MM) 0.7 to MM 1.0. The duration of the zone is intended to
protect persons, vessels, and the marine environment on these navigable
waters before, during, and after a fireworks display. No vessel or
person is permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative. A designated
representative is a commissioned, warrant, or petty officer of the U.S.
Coast Guard assigned to units under the operational control of USCG
Marine Safety Unit Pittsburgh. Persons and vessels seeking entry into
this safety zone must request permission from the COTP or a designated
representative. They may be contacted on VHF-FM Channel 16 or by
telephone at<PHONE_NUMBER>. Persons and vessels permitted to enter
this safety zone must transit at their slowest safe speed and comply
with all lawful instructions of the COTP or a designated
representative. The COTP or a designated representative will inform the
public of the enforcement period for the safety zone as well as any
changes in the schedule through Broadcast Notices to Mariners (BNMs),
Local Notices to Mariners (LNMs), and/or Marine Safety Information
Bulletins (MSIBs), as appropriate.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 13563 (``Improving Regulation and Regulatory
Review'') and 12866 (``Regulatory Planning and Review'') direct
agencies to assess the costs and benefits of available regulatory
alternatives and, if regulation is necessary, to select regulatory
approaches that maximize net benefits (including potential economic,
environmental, public health and safety effects, distributive impacts,
and equity). Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. Executive Order 13771 (``Reducing
Regulation and Controlling Regulatory Costs'') directs agencies to
reduce regulation and control regulatory costs and provides that ``for
every one new regulation issued, at least two prior regulations be
identified for elimination, and that the cost of planned regulations be
prudently managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this
rule a ``significant regulatory action,'' under section 3(f) of
Executive Order 12866. Accordingly, OMB has not reviewed it. As this
rule is not a significant regulatory action, this rule is exempt from
the requirements of Executive Order 13771. See OMB's Memorandum
``Guidance Implementing Executive Order 13771, Titled `Reducing
Regulation and Controlling Regulatory Costs' '' (April 5, 2017).
    This regulatory action determination is based on the size, time,
duration, and location of the safety zone. This safety zone encompasses
less than one half mile stretch of the Allegheny River for only one
hour and thirty minutes on one evening. Moreover, the Coast Guard will
issue BNMs via VHF-FM marine channel 16 about the zone, and the rule
allows vessels to seek permission to enter the zone.

B. Impact on Small Entities

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

    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4370f), and have determined that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This rule involves
a safety zone lasting only one hour and thirty minutes on one evening
that will prohibit entry on less than one half mile stretch of the
Allegheny River near a barge-launched fireworks display. It is
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A
Record of Environmental Consideration supporting this determination is
available in the docket where indicated under ADDRESSES.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T08-0750 to read as follows:

Sec.  165.T08-0750  Safety Zone; Allegheny River Miles 0.7 to 1.0,
Pittsburgh, PA.

    (a) Location. The following area is a safety zone: All navigable
waters of the Allegheny River, extending the entire width of the river,
from mile marker (MM) 0.7 to MM 1.0.
    (b) Effective period. This section is effective from 7:30 p.m.
through 9 p.m. on September 11, 2018.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23, entry into this zone is prohibited unless authorized by
the Captain of the Port Marine Safety Unit Pittsburgh (COTP) or a
designated representative. A designated representative is a
commissioned, warrant, or petty officer of the U.S. Coast Guard
assigned to units under the operational control of USCG Marine Safety
Unit Pittsburgh.
    (2) Persons and vessels seeking entry into this safety zone must
request permission from the COTP or a designated representative. They
may be contacted on VHF-FM Channel 16 or by telephone at (412) 221-
0807.
    (3) Persons and vessels permitted to enter this safety zone must
transit at their slowest safe speed and comply with all lawful
instructions of the COTP or a designated representative.
    (d) Informational broadcasts. The COTP or a designated
representative will inform the public of the enforcement period for the
safety zone as well as any changes in the schedule through Broadcast
Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and/or
Marine Safety Information Bulletins (MSIBs) as appropriate.

    Dated: August 14, 2018.
A.W. Demo,
Commander, U.S. Coast Guard, Captain of the Port Marine Safety Unit
Pittsburgh.
[FR Doc. 2018-17855 Filed 8-17-18; 8:45 am]
 BILLING CODE 9110-04-P