[Federal Register Volume 87, Number 66 (Wednesday, April 6, 2022)]
[Proposed Rules]
[Pages 19828-19833]
[FR Doc No: 2022-07214]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2022-0196; FRL-9701-01-R3]

Approval and Promulgation of Air Quality Implementation Plans;

    Delaware; Removal of Stage II Gasoline Vapor Recovery Program
Requirements and Revision of Stage I Gasoline Vapor Recovery Program
Requirements
AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state implementation plan (SIP) revision, made in two
separate submittals, by the State of Delaware. This revision removes
requirements for gasoline vapor recovery systems installed on gasoline
dispensers, the purpose of which are to capture emissions from vehicle
refueling operations, otherwise known as Stage II vapor recovery. This
revision also strengthens Delaware's requirements for gasoline vapor
recovery systems that capture emissions from storage tank refueling
operations, otherwise known as Stage I vapor recovery. Specifically,
this action would remove from the approved SIP prior-approved Stage II
requirements applicable to new and existing gasoline dispensing
facilities (GDFs). New and existing GDF's will be required to
decommission their Stage II vapor recovery systems (VRS) and to
install, maintain, and periodically test Stage I enhanced vapor
recovery systems (EVRS). Delaware's SIP revision establishes a
compliance schedule for these changes and includes a demonstration that
removal of Stage II requirements is consistent with the Clean Air Act
(CAA) and meets all relevant EPA guidance.

DATES: Written comments must be received on or before May 6, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2022-0196 at https://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the ``For Further Information Contact'' section. For the
full EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Adam Yarina, Planning & Implementation
Branch (3AD30), Air & Radiation Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
The telephone number is<PHONE_NUMBER>. Mr. Yarina can also be reached
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we refer to EPA. The following outline is
provided to aid in locating information in this preamble.

I. Background and Purpose
II. Summary of Delaware's Stage I and Stage
II Vapor Recovery Program and SIP Revisions
III. EPA's Evaluation of Delaware's SIP Revisions
IV. Proposed Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Background and Purpose

    On November 17, 2020, the Delaware Department of Natural Resources
and Environmental Control (DNREC) submitted a revision to its SIP. This
SIP submittal includes Delaware's revised Stage I and Stage II vapor
recovery regulations at 7 DE Admin Code 1124 Section 26.0 Gasoline
Dispensing Facility Stage I Vapor Recovery and Section 36.0 Vapor
Emission Control at Gasoline Dispensing Facilities, respectively. These
regulations have been revised to require the decommissioning of
existing Stage II VRS and the installation, maintenance, and testing of
Stage I EVRS at new and existing GDFs. The SIP submittal establishes a
compliance schedule for these changes and includes a demonstration that
removal of Stage II VRS in Delaware will not interfere with any
requirement concerning attainment or reasonable progress of any
national ambient air quality standard (NAAQS), or any other applicable
requirement of the CAA. All existing GDFs in Delaware were to
decommission their Stage II VRS by December 31, 2021, and install Stage
I EVRS by December 31, 2025. New GDFs are prohibited from installing
Stage II VRS and must install Stage I EVRS at construction. Delaware's
SIP demonstration is also intended to show that removal of Stage II
requirements is consistent with all relevant EPA guidance.
    Stage II vapor recovery is an emission control system that is
installed on gasoline dispensing equipment at GDFs for the purpose of
capturing fuel vapor that would otherwise be released from vehicle gas
tanks into the atmosphere during vehicle refueling. Stage II VRS
installed on dispensing equipment capture these refueling emissions at
the dispenser and route the refueling vapors back to the GDF's
underground storage tank, preventing volatile organic compounds (VOCs)
that comprise these vapors from escaping to the atmosphere. Beginning
in 1998, newly manufactured gasoline-burning cars and trucks have been
equipped with on-board vapor recovery (ORVR) systems that utilize
carbon canisters installed directly on the vehicle to capture refueling
vapors in the vehicle to be later routed to the vehicle's engine for
combustion during engine operation.
    Stage I VRS are systems that capture vapors displaced from storage
tanks at GDFs during gasoline tank truck deliveries. When gasoline is
delivered into an aboveground or underground storage tank, vapors that
were taking up space in the storage tank are displaced by the gasoline
entering the storage tank. Stage I VRS route these displaced vapors
into the delivery truck's tank. Some vapors are vented when the storage
tank exceeds a specified pressure threshold, however Stage I VRS
greatly reduce the possibility of these displaced vapors being released
into the atmosphere.
    The 1990 CAA amendments initially required implementation of both
Stage II VRS and ORVR systems. Section 182(b)(3) of the CAA required
areas classified as moderate and above ozone nonattainment to implement
Stage II vapor recovery programs, while CAA section 184(b)(2) required
states in the Northeast Ozone Transport Region (OTR) to implement Stage
II vapor recovery or comparable measures. CAA section 202(a)(6)
required EPA to promulgate regulations for ORVR for light-duty cars and
trucks (passenger vehicles); EPA adopted these requirements in a final
action published in the April 6, 1994 Federal Register (59 FR 16262,
hereafter referred to as the ORVR rule). Upon the effective date of
that final rule, moderate ozone nonattainment areas were no longer
subject to CAA section 182(b)(3) Stage II vapor recovery requirements.
Under the ORVR rule, new passenger cars built in model year 1998 and
later were required to be equipped with ORVR systems, followed by model
year 2001 and later light-duty trucks. ORVR equipment has been
installed on nearly all new gasoline-powered light-duty cars, light-
duty trucks, and heavy-duty vehicles manufactured since 2006.\1\
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    \1\ EPA Guidance on Removing Stage II Gasoline Vapor Control
Programs from State Implementation Plans and Assessing Comparable
Measures, Table A-1 (August 7, 2012).
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    During the phase-in of ORVR controls, Stage II has provided VOC
emission reductions in ozone nonattainment areas and in certain areas
of the OTR. Congress recognized that ORVR systems and Stage II VRS
would over time become largely redundant technologies acting to capture
the same pollutants; Congress therefore provided authority in the 1990
CAA amendments for EPA to allow states to remove Stage II vapor
recovery programs from their SIPs upon EPA making a finding that ORVR
is in ``widespread use.'' \2\ EPA issued a widespread use finding in a
final rule published in the May 16, 2012 Federal Register (77 FR
28772), in which EPA determined that ORVR was in widespread use on a
nationwide basis. EPA estimated that by the end of 2016, more than 88
percent of gasoline refueling nationwide would occur with ORVR-equipped
vehicles.\3\ Thus, Stage II vapor recovery programs have become largely
redundant control systems for ORVR-equipped vehicles and, as a result,
Stage II VRS achieve ever-declining emissions benefits as more

ORVR-equipped vehicles continue to enter the on-road motor vehicle
fleet.\4\ In areas where certain types of vacuum-assist Stage II VRS
are used, such as Delaware, the incompatibility between ORVR systems
and certain configurations of Stage II vapor recovery systems results
in the reduction of overall control system efficiency in capturing VOC
refueling emissions, compared to what would otherwise be achieved by
ORVR or Stage II VRS acting in the absence of the other. In its May 16,
2012 widespread use rulemaking, EPA also exercised its authority under
CAA section 202(a)(6) to waive certain federal statutory requirements
for Stage II VRS at GDFs, which among other things, exempted all new
ozone nonattainment areas classified serious or above from the
requirement to adopt Stage II vapor recovery programs. Finally, EPA's
May 16, 2012 rulemaking also noted that any state currently
implementing Stage II vapor recovery program may submit SIP revisions
that would allow for the phase-out of Stage II VRS.
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    \2\ See CAA Section 202(a)(6)
    \3\ EPA Guidance on Removing Stage II Gasoline Vapor Control
Programs from State Implementation Plans and Assessing Comparable
Measures, Table A-1 (August 7, 2012).
    \4\ EPA Guidance on Removing Stage II Gasoline Vapor Control
Programs from State Implementation Plans and Assessing Comparable
Measures, p.1 (August 7, 2012).
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    Stage I VRS have been in place since the 1970s. EPA has issued the
following guidance regarding Stage I systems: ``Design Criteria for
Stage I Vapor Control Systems--Gasoline Service Stations'' (November
1975, EPA Online Publication 450R75102), which is regarded as the
control techniques guideline (CTG) for the control of VOC emissions
from this source category; and the EPA document ``Model Volatile
Organic Compound Rules for Reasonably Available Control Technology''
(Staff Working Draft, June 1992) contains a model Stage I regulation.
In more recent years, the California Air Resources Board (CARB) has
required Stage I VRS capable of achieving vapor control efficiencies
higher than those achieved by traditional systems. These systems are
commonly referred to as Stage I EVRS.

II. Summary of Delaware's Stage I and Stage II Vapor Recovery Program
and SIP Revisions

    Since the early 1990s, ambient air quality in Delaware--in
particular that of New Castle County, which is Delaware's portion of
the Philadelphia-Wilmington-Trenton, PA-NJ-DE-MD metropolitan area--has
been in nonattainment for the ground-level ozone NAAQS. New Castle
County and Kent County were both classified as Severe-15 nonattainment
for the 1-hour 1979 ozone NAAQS, while Sussex County was classified as
Marginal nonattainment. See 56 FR 56694. Because gasoline vapors
contain mainly VOCs and contribute to the formation of ground-level
ozone, Section 182(b)(3) of the CAA Amendments of 1990 requires states
with moderate and higher ozone nonattainment areas to revise their SIPs
to require ``owners or operators of gasoline dispensing systems to
install and operate . . . a system for gasoline vapor recovery of
emissions from the fueling of motor vehicles.'' \5\ As a result, in
1993 Delaware adopted Stage I and Stage II vapor recovery requirements
at 7 DE Admin Code 1124, Section 26.0 Gasoline Dispensing Stage I Vapor
Recovery, and Section 36.0 Stage II Vapor Recovery,\6\ respectively.
These changes were subsequently incorporated into Delaware's SIP; see
the Federal Register notice from June 10, 1994 at 59 FR 29956, and May
3, 1995 at 60 FR 21707.\7\
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    \5\ CAA Section 182(b)(3).
    \6\ The title of this section was subsequently revised by
Delaware to ``Vapor Emission Control at Gasoline Dispensing
Facilities,'' as discussed later in this rule.
    \7\ Although these SIP revisions were approved by EPA on
different dates, the Delaware state effective date for these
requirements was January 11, 1993. The Federal Register document
published on December 7, 1998 at 63 FR 67407 has a comprehensive
list of approved Delaware SIP revisions as of that date.
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    In September 2015, due to the widespread use of ORVR and its
incompatibility with the Stage II vacuum-assist VRS in use at Delaware
GDFs, Delaware revised its vapor recovery regulations to allow existing
GDFs the option to decommission their Stage II VRS, and for new GDFs to
forgo them entirely, provided that GDFs installed, maintained, and
periodically tested Stage I EVRS.\8\ These revisions, referred to by
Delaware as the ``2015 Stage II Regulation,'' were interim updates that
were intended to test the feasibility and effectiveness of this
approach, and were not incorporated into Delaware's SIP at that time.
Delaware subsequently revised and finalized these requirements in 2019
and 2020. The finalized revisions, referred to by Delaware as the
``2019 Stage II Revision,'' mandated that existing GDFs decommission
their Stage II VRS by December 31, 2021, and prohibited new GDFs from
installing them at all. At the same time, Delaware also updated and
finalized changes to the 2002 version of 7 DE Admin. Code 1124, Section
26.0, Gasoline Dispensing Facility Stage I Recovery. These updated
requirements mandated that existing GDFs install Stage I EVRS by
December 31, 2025, while new GDFs were required to install them upon
construction.\9\
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    \8\ 19 DE Reg. 199, 7 DE Admin. Code 1124 Control of Volatile
Organic Compound Emissions; issued August 17, 2015 via Secretary's
Order No. 2015-A-0030, effective September 11, 2015.
    \9\ 24 DE Reg. 61, 7 DE Admin. Code 1124 Control of Volatile
Organic Compound Emissions, Section 26--Gasoline Dispensing Facility
Stage I Vapor Recovery, and Section 36--Vapor Emission Control at
Gasoline Dispensing Facilities; issued June 11, 2020 via Secretary's
Order No.: 2020-A-0017, effective July 11, 2020.
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    On November 17, 2020, Delaware submitted a SIP revision to EPA
consisting of these state regulatory requirements adopted by DNREC,
along with a demonstration of the emission impacts of the changes to
Stage I and Stage II requirements on affected Delaware areas. This SIP
revision, referred to by Delaware as the ``DE 2019 Stage I-II SIP
Revision'' includes revised rules that mandated the decommissioning of
Stage II VRS at existing GDFs by December 31, 2021, prohibit the
installation of Stage II VRS at new GDFs, and mandate the installation
of Stage I EVRS at existing GDFs by December 31, 2025, and at new GDFs
upon construction. Delaware's revised rules incorporate by reference
requirements and procedures for decommissioning Stage II VRS based on
Chapter 14 of the Petroleum Equipment Institute's ``Recommended
Practices for Installation and Testing of Vapor-Recovery Systems at
Vehicle-Fueling Sites,'' 2019 edition, PEI/RP300-19. The revised rules
also incorporate by reference requirements and procedures for the
design, installation, maintenance, and periodic testing of Stage I
EVRS, and for the maintenance and periodic testing of Stage II VRS for
GDFs that opt to continue operating them until the decommission
deadline.\10\
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    \10\ See 24 DE Reg. 61, 7 DE Admin. Code 1124, Control of
Volatile Organic Compound Emissions, Section 36.4 Standards for
Facilities with Stage I Vapor Recovery Systems, and Section 36.3
Standards for Facilities with Stage II Vapor Recovery Systems,
respectively.
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    Delaware's November 17, 2020 SIP revision also includes a
demonstration supporting the discontinuation of the Delaware Stage II
vapor recovery program. This demonstration, discussed in greater detail
below, consists of an analysis that after the year 2016, the overall
emissions benefits associated with the Stage II program, operated in
conjunction with ORVR, are overwhelmed by an emissions disbenefit
caused by ORVR incompatibility with the vacuum-assist type Stage II VRS
equipment in use at Delaware GDFs. DNREC's analysis shows that
continued operation of the

Stage II vapor recovery program beyond 2016 actually increases VOC
emissions due to the incompatibility between the vacuum-assist type
Stage II VRS equipment in use at Delaware GDFs and ORVR, coupled with
the increasing prevalence of ORVR-equipped vehicles. Delaware further
demonstrates that mandating the decommissioning of all Stage II VRS
equipment by December 31, 2021, will result in additional emissions
benefits, especially when combined with Stage I EVRS and the increasing
prevalence of ORVR-equipped vehicles.
    On July 14, 2021, Delaware submitted an additional SIP revision to
further amend 7 DE Admin. Code 1124, Control of Volatile Organic
Compound Emissions, Section 36.0 Vapor Emission Control at Gasoline
Dispensing Facilities. These amendments update references to several
CARB Executive Orders (EOs) previously incorporated by reference into 7
DE Admin. Code 1124, which were subseuently modified by CARB between
July 17, 2019 and June 3, 2020, after Delaware's 2020 amendments to 7
DE Admin. Code 1124. The modified CARB EOs extend expiration dates and
specify additional parts to be used in some certified Stage I EVRS.\11\
The 2020 SIP submittal and 2021 SIP submittal will both be considered
in this rulemaking.
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    \11\ 24 DE Reg. 944, 7 DE Admin. Code 1124, Control of Volatile
Organic Compound Emissions, Section 36.0, Vapor Emission Control at
Gasoline Dispensing Facilities, specifically Section 36.5
Requirements for Stage I Facilities with Continuous Pressure
Monitoring Systems, 36.10 Approved Systems, and Section 36.11
Referenced Standards; issued March 11, 2021 via Secretary's Order
No.: 2021-A-0009, effective April 11, 2021.
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III. EPA's Evaluation of Delaware's SIP Revisions

    EPA has reviewed Delaware's revised 7 DE Admin. Code 1124, Control
of Volatile Organic Compound Emissions, and accompanying SIP narrative,
and has concluded that Delaware's November 17, 2020 and July 14, 2021
SIP revisions are consistent with EPA's widespread use rule (77 FR
28772, May 16, 2012) and with EPA's ``Guidance on Removing Stage II
Gasoline Vapor Control Programs from State Implementation Plan and
Assessing Comparable Measures'' (EPA-457/B-12-001; August 7, 2012),
hereafter referred to as EPA's Stage II Removal Guidance.
    Delaware's November 17, 2020 revision includes a demonstration
supporting the discontinuation of the Delaware Stage II vapor recovery
program, in compliance with the requirements of the CAA sections 110(l)
requirement that revision of the SIP will not interfere with attainment
of or reasonable further progress towards attainment of any NAAQS or
any other applicable CAA requirement. This demonstration was prepared
by DNREC based on relevant equations provided in EPA's Stage II Removal
Guidance. From this analysis, Delaware determined that by2017 the
emissions benefits from the Stage II vapor recovery program, in
conjunction with ORVR will be overwhelmed by the emission disbenefits
stemming from an incompatibility between Stage II vacuum-assist type
VRS equipment and ORVR. Beyond 2016, the continuation of Stage II vapor
recovery requirements would increase emissions in Delaware, as
summarized in Table 1 in this document. If not removed, the vacuum-
assist Stage II systems in Delaware would lead to an emission increase
of 30.87 tons in the ozone season \12\ and 71.13 tons annually by 2021.
As a result, Delaware elected to allow decommissioning of Stage II VRS
beginning in September 2015 and to mandate decommissioning of Stage II
VRS by December 31, 2021. Implementation of these requirements are
estimated to reduce emissions resulting from the incompatibility of
Stage II VRS and ORVR to 7.59 tons during the 2021 ozone season and
17.48 tons for all of 2021. The EPA has reviewed Delaware's work and
finds that its underlying data, methods, and resulting conclusions are
consistent with all relevant EPA guidance for Stage II vapor recovery
requirements.
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    \12\ The ozone season is the five-month period from May 1 to
September 30 in the calendar year.

   Table 1--Estimates of Delaware VOC Emissions Benefits From Stage II
                        Vapor Recovery Equipment
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                                           Tons * (ozone      Tons *
                  Year                        season)        (annual)
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2016....................................            3.74           8.625
2017....................................           -4.96          -11.43
2018....................................          -13.08          -30.14
2019....................................          -19.78          -45.58
2020....................................          -25.55          -58.86
2021....................................          -30.87          -71.13
2022....................................          -35.75          -82.37
2023....................................          -40.17          -92.55
2024....................................          -44.12         -101.65
2025....................................          -47.59         -109.64
2026....................................          -51.10         -117.74
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* Negative numbers indicate emissions increases instead of emissions
  reductions.

    In evaluating whether a given SIP revision would interfere with
attainment of a NAAQS, EPA generally considers whether the SIP revision
will allow for an increase in actual emission into the air over what is
allowed under the existing EPA-approved SIP. EPA has not required that
states produce a new complete attainment demonstration for every SIP
revision, provided that the status quo air quality is preserved.\13\
EPA believes that a planned Stage II decommissioning that is shown not
to result in an increase in areawide VOC emissions is consistent with
the conditions of CAA section 110(l), and would not jeopardize
attainment or maintenance of an area that formerly relied upon Stage II
emission reductions in the approved SIP. Delaware has demonstrated that
Stage II vapor recovery will no longer provide emission reductions when
compared to ORVR without Stage II vapor recovery. Stage II vapor
recovery operated in conjunction with ORVR has been shown by Delaware
to result in increased VOC

emissions since 2017, due to incompatibilities between certain types of
Stage II VRS equipment and vehicle ORVR systems. Therefore, EPA
believes discontinuance of Stage II in Delaware will not interfere with
the state's ability to attain or maintain the NAAQS, or to provide
reasonable further progress in meeting the NAAQS.
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    \13\ EPA Guidance on Removing Stage II Gasoline Vapor Control
Programs from State Implementation Plans and Assessing Comparable
Measures, Section 2.2 (August 7, 2012).
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    States in the OTR defined by the CAA remain obligated under CAA
section 184(b)(2) to implementeither a statewide Stage II vapor
recovery program or other measures capable of achieving emission
reductions ``comparable to those achievable'' by Stage II vapor
recovery. EPA issued guidance on this OTR comparability demonstration
in 1995 and later updated that guidance as part of its August 2012
Stage II Removal Guidance.
    Delaware is required to demonstrate Stage II comparability for
areas where Stage II vapor recovery was previously mandated by CAA
section 182(b)(3) prior to EPA's issuance of its ORVR ``widespread
use'' determination; for Delaware, this applies statewide (i.e., for
New Castle, Kent, and Sussex counties). The 110(l) demonstration in
Delaware's November 17, 2020, SIP revision shows that Stage II no
longer yields VOC emissions benefits in these areas after 2016 when
operated in conjunction with ORVR, and in fact results in emissions
increases. Therefore, since Stage II provides no additional benefits
beyond ORVR, and results in increases in VOC emissions after 2016, EPA
believes that removal of Stage II satisfies the Stage II comparability
requirement of section 184 for these areas.
    In addition to the CAA section 182 and 184 requirements applicable
to Stage II vapor recovery, CAA section 193 prohibits modification of
any control requirement in effect before enactment of the CAA of 1990
(i.e., November 15, 1990) in a current nonattainment area--unless
modification ``ensures equivalent or greater emission reductions.''
Therefore, a Stage II vapor recovery control program implemented under
a SIP prior to November 1990 may not be removed from the SIP until
another requirement is shown to achieve equal or greater emissions
reductions than Stage II vapor recovery. Delaware did not have a Stage
II program prior to November 15, 1990, so Stage II was not a part of
the Delaware SIP prior to that date. Therefore, this ``general savings
clause'' requirement of CAA section 193 does not apply to Delaware or
to this action.
    With respect to Stage I vapor recovery requirements, Delaware's
revised regulations in 7 DE Admin. Code 1124, Sections 26.0 and 36.0
are more stringent than the previously approved version of the
rule,\14\ thus meeting the CAA section 110(l) anti-back sliding
requirements. As noted above, the revised rule requires existing GDFs
to install CARB-approved Stage I EVRS by December 31, 2025, while new
GDFs are required to install them upon construction. CARB-approved
Stage I EVRS have been certified to achieve a 98 percent reduction in
VOC emissions, compared to 95 percent for non-EVRS Stage I systems.
Thus, when non-EVRS Stage I systems in Delaware are replaced with CARB-
approved Stage I EVRS, greater emission reductions will be achieved.
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    \14\ EPA's most recent approval of 7 DE Admin. Code 1124,
Sections 26.0 and 36.0 was on August 11, 2010 (see 75 FR 48566).
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IV. Proposed Action

    EPA is proposing to approve Delaware's November 17, 2020, and July
14, 2021 SIP revisions for statewide removal of Stage II vapor recovery
requirements, statewide prohibition of Stage II VRS installation at new
GDFs, the statewide mandatory decommissioning of Stage II VRS at
existing GDFs by December 31, 2021, and the statewide mandatory
installation of Stage I EVRS at all GDFs by December 31, 2025.
Specifically, EPA is proposing to approve Delaware's revised 7 DE
Admin. Code 1124, Control of Volatile Organic Compound Emissions, and
incorporate it into the Delaware SIP. EPA is proposing to approve this
SIP revision because it meets all applicable requirements of the Clean
Air Act and relevant EPA guidance and because approval of this SIP
revision will not interfere with attainment or maintenance of the ozone
NAAQS.
    EPA is soliciting public comments on the issues discussed in this
notice or other relevant matters. These comments will be considered
before taking final action.

V. Incorporation by Reference

    In this document, EPA proposes to include, in our subsequent final
EPA rule, regulatory text that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, EPA is proposing to
incorporate by reference the State of Delaware's revised 7 DE Admin
Code 1124 Section 26.0 Gasoline Dispensing Facility Stage I Vapor
Recovery and Section 36.0 Vapor Emission Control at Gasoline Dispensing
Facilities, which will include the revisions issued on August 17, 2015
via 19 DE Reg. 199 (state effective date September 11, 2015), the
revisions issued on June 11, 2020 via 24 DE Reg. 61 (state effective
date July 11, 2020), and the revisions issued on March 11, 2021 via 24
DE Reg. 944 (state effective date April 11, 2021).
    EPA has made, and will continue to make, these materials generally
available through https://www.regulations.gov and at the EPA Region III
Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).

VI. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and

     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rule to remove Delaware's Stage II vapor
recovery requirements does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP
is not approved to apply in Indian country located in the state, and
EPA notes that it will not impose substantial direct costs on tribal
governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.

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

    Dated: March 30, 2022.
Adam Ortiz,
Regional Administrator, Region III.
[FR Doc. 2022-07214 Filed 4-5-22; 8:45 am]
BILLING CODE 6560-50-P


SUPPORTING STATEMENT

	ENVIRONMENTAL PROTECTION AGENCY

NESHAP for Commercial Ethylene Oxide Sterilization and Fumigation
Operations            (40 CFR Part 63, Subpart O) (Renewal)

1.  Identification of the Information Collection

1(a)  Title of the Information Collection

NESHAP for Commercial Ethylene Oxide Sterilization and Fumigation
Operations (40 CFR Part 63, Subpart O) (Renewal), EPA ICR Number
1666.08, OMB Control Number 2060-0283

1(b)  Short Characterization/Abstract

The National Emission Standards for Hazardous Air Pollutants (NESHAP)
for Commercial Ethylene Oxide Sterilization and Fumigation Operations
(40 CFR part 63, subpart O) were proposed on March 7, 1994, and
promulgated on December 6, 1994.  These regulations apply to new and
existing commercial ethylene oxide (EO) sterilization and fumigation
facilities using 1 ton of EO (as defined in 40 CFR section 63.361) after
December          6, 1994.  This information is being collected to
assure compliance with part 63, subpart O.

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

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

Approximately 119 sources are currently subject to the regulation, and
it is estimated that there will be two additional sources per year
subject to the regulation over the next three years.  This information
was provided by the Ethylene Oxide Sterilization Association, which
represents the vast majority of facilities subject to this standard, was
consulted to determine these estimates.

	The previous ICR had the following Terms of Clearance (TOC):

The assumptions underlying the estimates of industry and agency burden
and costs of the collection should be updated in the next renewal.

EPA has addressed each item of concern in the TOC by updating respondent
assumptions using September 2009 labor rates from the United States
Department of Labor, Bureau of Labor Statistics.  Agency assumptions
were updated using the Office of Personnel Management (OPM), 2010
General Schedule for Agency labor.  Respondent and Agency cost
assumptions are provided in Sections 6(b)(i) and 6(c) of this document.

There are 119 commercial ethylene oxide sterilization and fumigation
facilities in the United States, which are all publicly owned and
operated by the ethylene oxide sterilization and fumigation industry.
None of the 119 facilities in the United States are owned by either
state, local, tribal or the Federal government, they are all owned and
operated solely by privately owned for-profit businesses, thus, the
Federal government burden does not include work performed by federal
employees only work performed by contractors.

The burden to the “Affected Public” may be found below in Table 1:
Annual Respondent Burden and Cost - NESHAP for Commercial Ethylene Oxide
Sterilization and Fumigation Operations (40 CFR part 63, subpart O)
(Renewal).  The burden to the “Federal government” is attributed
entirely to work performed by Federal employees or government
contractors; this burden may be found below in Table 2: Average Annual
EPA Burden - NESHAP for Commercial Ethylene Oxide Sterilization and
Fumigation Operations (40 CFR part 63, subpart O) (Renewal).

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 (HAP).
These standards are applicable to new or existing sources of HAP 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, EO emissions from sterilization
facilities cause or contribute to air pollution that may reasonably be
anticipated to endanger public health or welfare.  Therefore, the NESHAP
was promulgated for this source category at 40 CFR part 63, subpart O.

2(b)  Practical Utility/Users of the Data

The control of EO emissions from sterilization facilities requires not
only the installation of properly designed equipment, but also the
operation and maintenance of that equipment.  Emissions of EO from
sterilization facilities are the result of operation of sterilization
chambers.  These standards are achieved by the reduction of EO emissions
using acid-water scrubbers or catalytic/thermal oxidizers.

The notifications required in the applicable regulations 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 check if the pollution control devices are
properly installed and operated, that leaks are being detected and
repaired, and that the regulations are being met.  The semiannual
reports are used for problem identification, as a check on source
operation and maintenance, and for compliance determinations.

The information generated by the monitoring, recordkeeping and reporting
requirement described in this ICR is used by the Agency to ensure that
facilities affected by the NESHAP continue to operate the control
equipment in compliance with the regulation.  Adequate monitoring,
recordkeeping, and reporting are necessary to ensure compliance with the
applicable regulations, as required by the Clean Air Act.  The
information collected from recordkeeping and reporting requirements is
also used for targeting inspections, and is of sufficient quality to be
used as evidence in court.

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

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

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 (74 FR 32581) on July 8, 2009.  No
comments were received on the burden published in the Federal Register.

3(c)  Consultations

The primary source of information as reported by industry, in compliance
with the recordkeeping and reporting provisions in the standard, is the
Air Facility System (AFS) which is operated and maintained by the EPA
Office of Compliance.  AFS is the EPA database for the collection,
maintenance, and retrieval of all compliance data.  The growth rate for
the industry was based on our consultations with the Agency’s internal
industry experts.  Approximately 119 respondents will be subject to the
standard over the three years period covered by this ICR.

Industry trade associations and other interested parties were provided
an opportunity to comment on the burden associated with the standard as
it was being developed and the standard has been previously reviewed to
determine the minimum information needed for compliance purposes.

It is our policy to carefully review any comments received since the
last ICR renewal including those submitted in response to the first
federal register notice and respond appropriately.  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 likelihood of
detecting poor operation and maintenance of control equipment and
noncompliance would decrease.

3(e)  General Guidelines

None of these reporting or recordkeeping requirements violate any of the
regulations established by OMB at 5 CFR part 1320, section 1320.5.

These standards require affected facilities 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
with the part 70 permit program and the five-year statute of limitations
on which the permit program is based.  Also, the retention of records
for five years would allow EPA to establish the compliance history of a
source and any pattern of compliance for purposes of determining the
appropriate level of enforcement action.  Historically, EPA has found
that the most flagrant violators frequently have violations extending
beyond the five years.  EPA would be prevented from pursuing the worst
violators due to the destruction or nonexistence of records if records
were retained for less than five years.

3(f)  Confidentiality

The required information has been determined not to be confidential.
However, any information submitted to the Agency for which a claim of
confidentiality is made will be safeguarded according to the Agency
policies set forth in title 40, chapter 1, part 2, subpart B -
Confidentiality of Business Information (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

None of the reporting or recordkeeping requirements contain sensitive
questions.

4.  The Respondents and the Information Requested

4(a)  Respondents/SIC Codes

Respondents are owners or operators of commercial EO sterilization and
fumigation facilities.  The United States Standard Industrial
Classification (SIC) codes and corresponding North American Industry
Classification System (NAICS) codes for EO sterilization facilities are
listed in the table below.

Standard	Description	SIC Codes	NAICS Codes

40 CFR part 63, subpart O	Medical Equipment Suppliers	3841, 3842	339112,
339113,

	Pharmaceutical Suppliers	2832, 2833, 2834, 5122	325411, 325412, 42221

	Other Health-Related Facilities	2211, 2821, 2879, 3069, 3079, 3569,
3677, 3693, 3999, 5086	31321, 325211, 32532, 333999, 334416, 337127

	Spice Manufacturers	2034, 2035, 2046, 2099, 5149	311423, 311421,
311941, 311942, 42249

	Contract Sterilizers	7218, 7399, 8091	812332

	Libraries, Museums, and Archives	8231, 8411	51412, 71211

	Laboratories	0279, 7391, 7397, 8071, 8922	112519, 54199, 621512,
621511, 54169

4(b)  Information Requested

None of these reporting or recordkeeping requirements violate any of the
regulations established by OMB at 5 CFR part 1320, section 1320.5.

(i)  Data Items

All data in this ICR that is recorded and/or reported is required by
National Emission Standards for Hazardous Air Pollutants for Commercial
Ethylene Oxide Sterilization and Fumigation Operations (40 CFR Part 63,
Subpart O).

A source must make the following reports:

Reports for 40 CFR part 63, subpart O

Notification of applicability	63.9(a)

Notification of construction/reconstruction	63.9(b)(3) and (4)

Notification of actual startup	63.9(b)(2) and (4)

Notification of initial performance test	63.9(e)

Notification of compliance status	63.9(h)

Request for extension of compliance	63.9(c)

Request for waivers	63.7(h)

Request for alternative methods/monitoring	63.8(f)

Reports

Report of performance test results	63.10(d)(2)

Reports of noncompliance (including excess emissions reports)
63.10(e)(3)

A source must keep the following records:

Recordkeeping for 40 CFR part 63, subpart O

Records of control equipment maintenance; inspections, malfunctions;
continuous monitoring systems malfunctions or in operation; calibrations
and parameters; measurements to demonstrate compliance; performance test
results; daily and monthly inspections; and documents supporting initial
notifications and notification of compliance status	63.10(c)(1) and (5),
63.10(b)(2)(ii), (iv-xii), (xiv)

Retain records for five years	63.7(g)(3), 63.10(b)(1)

Emission testing (occurrence/duration)	63.10(b)(2)(ii), (vi-xii), (xiv)

Report of EO use 	63.9(b)(2)

Electronic Reporting

Currently, sources are using monitoring equipment that provides
parameter data in an automated way, e.g., leaks and spills of mercury.
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.  In addition, some
regulatory agencies are setting up electronic reporting systems to allow
sources to report electronically which is reducing the reporting burden.
 However, electronic reporting systems are still not widely used by the
regulatory agencies.  It is estimated that approximately 10 percent of
the respondents use electronic reporting.

Respondent Activities

Respondent Activities

Write the notifications and reports listed above.

Transmit, or otherwise disclose the information.

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

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

Perform initial performance test, Reference Method 2, 2A, 2C, or 2D, 18
or 25A test, and repeat performance tests if necessary.

Enter information required to be recorded above.

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.

All monitoring systems and equipment must be installed, operational, and
properly calibrated before the performance test.

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

	Currently, sources are using monitoring equipment that provides
parameter data in an automated way.  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 Air Facility System (AFS).

5(b)  Collection Methodology and Management

Following notification of startup, the reviewing authority might inspect
the source to determine whether the pollution control devices are
properly installed and operational.  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 the AFS which is
operated and maintained by the EPA Office of Compliance.  AFS is the EPA
database for the collection, maintenance, and retrieval of compliance
and annual emission inventory data for more than 100,000 industrial and
government-owned facilities.  EPA uses the AFS for tracking air
pollution compliance and enforcement by local and state regulatory
agencies, EPA regional offices and EPA headquarters.  EPA and its
delegated Authorities can edit, store, retrieve and analyze the data.

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

5(c)  Small Entity Flexibility

A majority of the affected facilities are primarily large entities
(e.g., large businesses).   The exact number of small entities affected
by this rule could not be determined based on review of available
documents, including the Ethylene Oxide Commercial Sterilization and
Fumigation Operations NESHAP Implementation Document (EPA-456/R-97-004,
updated March 2004).  However, the impact on small entities was taken
into consideration during the development of the regulation.  Due to
technical considerations involving the process operations and the type
of control equipment employed, the recordkeeping and reporting
requirements are the same for both small and large entities.  The Agency
considers these requirements the minimum needed to ensure compliance
and, therefore, cannot reduce them further for small entities.

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 Commercial Ethylene Oxide Sterilization and Fumigation
Operations (40 CFR Part 63, Subpart O) (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 8,662
(Total Labor Hours from Table 1).  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	$114.49 ($54.52 + 110%)

Technical	$98.20 ($46.76 + 110%)

Clerical	$48.53 ($23.11 + 110%)

These rates are from the United States Department of Labor, Bureau of
Labor Statistics, September 2009, “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 types 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) Cost

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)

Computer equipment and gas chromatograph used to continuously monitor EO
emissions to aeration room and back chamber vents	$32,500	2	$65,000
$5,500	106	$583,000

The total capital/startup costs for this ICR are $65,000.  This is the
total of column D in the above table.

The total operation and maintenance (O&M) costs for this ICR are
$583,000.  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 $648,000.

6(c)  Estimating Agency Burden and Cost

The only costs to the Agency are those costs associated with analysis of
the reported information.  The EPA 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 $26,679.  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), 2010
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 – NESHAP for
Commercial Ethylene Oxide Sterilization and Fumigation Operations (40
CFR part 63, subpart O) (Renewal).

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

	Based on our research for this ICR, there are approximately 119
existing sources currently subject to the standard.  It is estimated
that two additional sources per year will become subject to the
regulation in the next three years.  However, we estimate that 10
percent or approximately 12 facilities will use only limited amounts of
EO and therefore, will not be required to submit reports.

	Number of respondents is calculated using the following table which
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	2	105	12	1	118

2	2	106	12	1	119

3	2	107	12	1	120

Average	2	106	12	1	119

To avoid double-counting respondents, column D is subtracted.  As shown
above, the average Number of Respondents over the three-year period of
this ICR is 119.

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

Respondent Universe and Number of Responses Per Year

Regulation Citation	(A)

Average Number of New Respondents per Year	(B)

Number of Reports for New Sources	(C)

Number of Existing Respondents	(D)

Number of Reports for Existing Sources	(F)

Number of Respondents That Keep Records But Do Not Submit Reports	(E)

Total Annual Responses =

(AxB)+(CxD)+F

40 CFR part 63, subpart O	2	6.1	106	2	12	236 (rounded)

The number of total respondents is 119.

The number of Total Annual Responses is 236.  This is the number in
column E of the Respondent Universe and Number of Responses Per Year
table above.

The total annual labor costs are $819,301.  Details regarding these
estimates may be found in below Table 1: Annual Respondent Burden and
Cost - NESHAP for Commercial Ethylene Oxide Sterilization and Fumigation
Operations (40 CFR Part 63, Subpart O) (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 8,662.  Details regarding these
estimates may be found below in Table 1: Annual Respondent Burden and
Cost – NESHAP for Commercial Ethylene Oxide Sterilization and
Fumigation Operations (40 CFR part 63, subpart O) (Renewal).
Furthermore, the annual public reporting and recordkeeping burden for
this collection of information is estimated to average 37 hours per
response.

The total annual capital/startup and O&M costs to the regulated entity
are $648,000.  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 592 labor hours at a cost of $26,679.  See below Table
2: Annual Agency Burden and Cost – NESHAP for Commercial Ethylene
Oxide Sterilization and Fumigation Operations (40 CFR part 63, subpart
O) (Renewal).

6(f)  Reasons for Change in Burden

There is no change in the labor hours to respondents in this ICR
compared to the previous ICR.  This is due to two considerations: (1)
the regulations have not changed over the past three years and are not
anticipated to change over the next three years; and (2) the growth rate
for the industry is very low, negative or non-existent.  Therefore, the
labor hours in the previous ICR reflect the current burden to the
respondents and are reiterated in this ICR.

	The increase in labor cost to the respondents and the Agency is due to
the updating of labor rates to reflect current cost figures.

6(g)  Burden Statement

The annual public reporting and recordkeeping burden for this collection
of information is estimated to average 37 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 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–2009–0392.  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 Avenue, N.W., Washington, D.C.  The
EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays.  The telephone
number for the Reading Room is<PHONE_NUMBER>, and the telephone number
for the 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, N.W., Washington, D.C. 20503, Attention:
Desk Officer for EPA.  Please include the EPA Docket ID Number
EPA–HQ–OECA–2009–0392 and OMB Control Number 2060-0283 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 Commercial Ethylene Oxide Sterilization and Fumigation
Operations (40 CFR Part 63, Subpart O)

(Renewal)

Table 1: Annual Respondent Burden and Cost - NESHAP for Commercial
Ethylene Oxide Sterilization and Fumigation Operations (40 CFR Part 63,
Subpart O)

(Renewal), (Continued)

Assumptions:

a)	It is assumed that the average number of respondents that will be
subject to the rule will be the 119 existing respondents.  There will be
two additional new sources per year that will become subject to the rule
over the 3-year period of this ICR.

b)	This ICR uses the following labor rates: Managerial $114.49 ($54.52 +
110 percent); Technical $98.20 ($46.76 + 110 percent); and Clerical
$48.53 ($23.11 + 110 percent).  These rates are from the United States
Department of Labor, Bureau of Labor Statistics, March 2009, "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.  This ICR assumes that Managerial hours
are 5 percent of Technical hours, and Clerical hours are 10 percent of
Technical hours.

c)	It is assumed that it will take 200 hours for each respondent to
perform the initial performance test and also repeat testing.

d)	It is assumed that 20 percent of respondents will have to repeat
performance tests due to failure.

e)	It is assumed that it will initially take each of the new respondents
two hours to write each notification report.

f)	It is assumed that 10 percent of new facilities will take 6 hours to
write requests for waivers.

g)	It is assumed that each respondent will take 24 hours to prepare
performance test reports.

h)	It is assumed that 106 respondents will take 14 hours to complete
reports of periods of noncompliance, which includes excess emissions.
This will occur two times per year.

i)	It is assumed that 106 respondents will enter information on record
of operating parameters and emissions 365 times per year.

j)	It is assumed that the average number of affected facilities required
to record EO usage is 12.

k)	It is assumed that each of the 12 respondents will record EO use 12
times per year.

l)	It is assumed that 106 respondents will disclose information two
times per year.

 Table 2: Average Annual EPA Burden - NESHAP for Commercial Ethylene
Oxide Sterilization and Fumigation Operations (40 CFR Part 63, Subpart
O) (Renewal)

Assumptions:

a)	It is assumed that the average number of respondents that will be
subject to the rule will be the 119 existing respondents.  There will be
two additional new sources per year that will become subject to the rule
over the three-year period of this ICR.  There are 106 facilities
submitting reports.

b)	This ICR uses the following labor rates: Managerial $62.27 (GS-13,
Step 5, $38.92 + 60%); Technical $46.21 (GS-12, Step 1, $28.88 + 60%);
and Clerical $25.01 (GS-6, Step 3, $15.63 + 60%).  These rates are from
the Office of Personnel Management (OPM), 2010 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.  This ICR assumes that Clerical hours are 10 percent of
Technical hours and Managerial hours are 5 percent of Technical hours.

c)	It is assumed that it will take 40 hours for each respondent to
participate with the performance test.  Twenty percent of respondents
will fail the performance test.

d)	It is assumed that 20 percent of respondents will fail the
performance test and will have to repeat it.

e)	It is assumed that it will take two hours for each respondent to
review the notification report.

f)	It is assumed that it will take two hours for each respondent to
review the request for extension of the compliance report.

g)	It is assumed that 10 percent of new facilities will request a
waiver.

h)  It is assumed that five percent of new facilities will request an
alternative method/monitoring.

i)	It is assumed that each new respondent will take eight hours to
review the report of performance test results.

j)	It is assumed that 20 percent of respondents submitting reports will
take eight hours to review reports of periods of noncompliance.

 PAGE

 PAGE   13

 PAGE

 PAGE   17

 PAGE   14


[Federal Register Volume 82, Number 118 (Wednesday, June 21, 2017)]
[Proposed Rules]
[Pages 28266-28269]
[FR Doc No: 2017-12798]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0562; Directorate Identifier 2017-NM-027-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Bombardier, Inc., Model CL-600-2C10 (Regional Jet Series 700,
701, & 702), Model CL-600-2D15 (Regional Jet Series 705), Model CL-600-
2D24 (Regional Jet Series 900), and Model CL-600-2E25 (Regional Jet
Series 1000) airplanes. This proposed AD was prompted by a report that
a number of rubber bull gear (RBG) wheels installed in the horizontal
stabilizer trim actuator (HSTA) were manufactured using an incorrect
material specification. This proposed AD would require replacement of
the affected RBG wheels. We are proposing this AD to address the unsafe
condition on these products.

DATES: We must receive comments on this proposed AD by August 7, 2017.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec
H4S 1Y9, Canada; Widebody Customer Response Center North

America toll-free telephone 1-866-538-1247 or direct-dial telephone 1-
514-855-2999; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
Internet http://www.bombardier.com. You may view this referenced
service information at the FAA, Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, WA. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0562; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Operations office (telephone<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Aziz Ahmed, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2017-0562;
Directorate Identifier 2017-NM-027-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2016-22, dated June 24, 2016 (referred to after this as the Mandatory
Continuing Airworthiness Information, or ``the MCAI''), to correct an
unsafe condition for certain Bombardier, Inc., Model CL-600-2C10
(Regional Jet Series 700, 701, & 702), Model CL-600-2D15 (Regional Jet
Series 705), Model CL-600-2D24 (Regional Jet Series 900), and Model CL-
600-2E25 (Regional Jet Series 1000) airplanes. The MCAI states:

    An inspection by the vendor revealed that a number of Rubber
Bull Gear (RBG) Wheels installed in the Horizontal Stabilizer Trim
Actuator (HSTA) of the CL-600-2C10, CL-600-2D15, CL-600-2D24 and CL-
600-2E25 aeroplanes were manufactured from the incorrect material
specification. The use of the incorrect material specification has a
direct impact on the RBG Wheels life limit. The teeth of these non-
conforming RBG Wheels may experience premature wear out and if not
corrected, this condition could result in difficulties in
maneuvering the aeroplane.
    This [Canadian] AD mandates replacement of the RBGs whose wheels
have been made using an incorrect material specification.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0562.

Related Service Information Under 1 CFR Part 51

    We reviewed Bombardier Service Bulletin 670BA-27-072, Revision A,
dated October 26, 2016. This service information describes procedures
for identification of affected HSTAs, and replacement if necessary.
This service information is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of these
same type designs.

Costs of Compliance

    We estimate that this proposed AD affects 544 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on  U.S.
            Action                   Labor cost         Parts cost      Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Inspection and Replacement...  Up to 20 work-hours x           (\1\)  Up to $1700.........  Up to $924,800.
                                $85 per hour = $1700.
----------------------------------------------------------------------------------------------------------------
\1\ We have received no definitive data that would enable us to provide cost estimates for the parts cost
  specified in this proposed AD.

    According to the manufacturer, some of the costs of this proposed
AD may be covered under warranty, thereby reducing the cost impact on
affected individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have 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.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

Bombardier, Inc.: Docket No. FAA-2017-0562; Directorate Identifier
2017-NM-027-AD.

(a) Comments Due Date

    We must receive comments by August 7, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Bombardier, Inc., airplanes identified in
paragraphs (c)(1) through (c)(4) of this AD, certificated in any
category, equipped with horizontal stabilizer trim actuator (HSTA)
part number 8489-7 or 8489-7R.
    (1) Model CL-600-2C10 (Regional Jet Series 700, 701, & 702)
airplanes.
    (2) Model CL-600-2D15 (Regional Jet Series 705) airplanes.
    (3) Model CL-600-2D24 (Regional Jet Series 900) airplanes.
    (4) Model CL-600-2E25 (Regional Jet Series 1000) airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight
controls.

(e) Reason

    This AD was prompted by a report that a number of rubber bull
gear (RBG) wheels installed in the HSTA were manufactured using an
incorrect material specification. We are issuing this AD to prevent
premature wear-out of the teeth of the RBG wheels, which could cause
difficulties in maneuvering the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Serial Number Verification

    Within 600 flight hours after the effective date of this AD,
inspect to determine whether the serial number (S/N) of the
installed HSTA is listed in paragraph 1.A, ``Effectivity,'' of
Bombardier Service Bulletin 670BA-27-072, Revision A, dated October
26, 2016. If the S/N of the installed HSTA is not listed in
paragraph 1.A, ``Effectivity,'' of Bombardier Service Bulletin
670BA-27-072, Revision A, dated October 26, 2016, no further action
is required by this AD, except as required by paragraph (j) of this
AD. A review of airplane maintenance records is acceptable in lieu
of this inspection if the part number of the HSTA can be
conclusively determined from that review.

(h) Replacement

    For any HSTA with a S/N listed in paragraph 1.A,
``Effectivity,'' of Bombardier Service Bulletin 670BA-27-072,
Revision A, dated October 26, 2016: Within the compliance times
specified in figure 1 to paragraph (h) of this AD, as applicable,
replace the affected HSTA, in accordance with the Accomplishment
Instructions of Bombardier Service Bulletin 670BA-27-072, Revision
A, dated October 26, 2016.

     Figure 1 to Paragraph (h) of This AD--Compliance Time Criteria
------------------------------------------------------------------------

------------------------------------------------------------------------
For HSTAs with S/N suffix A or with no       Within 3600 FC accumulated
 suffix, that have accumulated 10,000         on the unit from the
 flight cycles (FC) or fewer.                 effective date of this AD.
For HSTAs with S/N suffix A or with no       Within 1800 FC accumulated
 suffix, that have accumulated more than      on the unit from the
 10,000 FC.                                   effective date of this AD.
For HSTAs with S/N suffix B or AB, that      Within 3600 FC accumulated
 have accumulated 10,000 FC or fewer since    on the unit from the
 the incorporation of Bombardier Service      effective date of this AD.
 Bulletin 670BA-27-058.
For HSTAs with S/N suffix B or AB, that      Within 1800 FC accumulated
 have accumulated more than 10,000 FC since   on the unit from the
 the incorporation of Bombardier Service      effective date of this AD.
 Bulletin 670BA-27-058.
------------------------------------------------------------------------

(i) Credit for Previous Actions

    This paragraph provides credit for actions required by
paragraphs (g) and (h) of this AD, if those actions were performed
before the effective date of this AD using Bombardier Service
Bulletin 670BA-27-072, dated April 26, 2016.

(j) Parts Installation Limitation

    As of the effective date of this AD, no person may install, on
any airplane, an HSTA having part number 8489-7 or 8489-7R, with a
S/N listed in paragraph 1.A, ``Effectivity,'' of Bombardier Service
Bulletin 670BA-27-072, Revision A, dated October 26, 2016, unless
the S/N has a suffix ``C'' marked on the identification plate
adjacent to the S/N.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), ANE-170, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the ACO, send it to the Program Manager,
Continuing Operational Safety, FAA, New York ACO, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>; fax
516-794-5531. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office/
certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, New York ACO,
ANE-170, FAA; or Transport Canada Civil Aviation (TCCA); or
Bombardier, Inc.'s TCCA Design Approval Organization (DAO). If
approved by the DAO, the approval must include the DAO-authorized
signature.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian Airworthiness Directive CF-2016-22, dated June 24,
2016, for related information. This MCAI may be found in the AD
docket on the Internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2017-0562.
    (2) For more information about this AD, contact Aziz Ahmed,
Aerospace Engineer, Airframe and Mechanical Systems Branch, ANE-171,
FAA, New York ACO, 1600

Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-
7329; fax<PHONE_NUMBER>.
    (3) For service information identified in this AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; Widebody Customer Response Center
North America toll-free telephone 1-866-538-1247 or direct-dial
telephone 1-514-855-2999; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>Internet http://www.bombardier.com. You
may view this service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, WA. For information on
the availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on June 12, 2017.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-12798 Filed 6-20-17; 8:45 am]
 BILLING CODE 4910-13-P