[Federal Register: November 29, 2006 (Volume 71, Number 229)]
[Rules and Regulations]
[Page 69011-69022]
[DOCID:fr29no06-6]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2002-0021; FRL-8249-3]
RIN 2060-AM30

National Emission Standards for Hazardous Air Pollutants: Site
Remediation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action amends the national emission standards for
hazardous air pollutants (NESHAP) for site remediation activities. This
final rule revises specific provisions in the rule to resolve issues
and questions subsequent to promulgation; correct technical omissions;
and correct typographical, cross-reference, and grammatical errors.

DATES: This final rule is effective on November 29, 2006.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-[fxsp0]OAR-2002-0021. All documents in the docket are listed
on the http://www.regulations.gov Web site. Although listed in the

index, some information is not publicly available, e.g., confidential
business information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through http://www.regulations.gov or

in hard copy at the Air & Radiation Docket, Docket ID No. EPA-HQ-
[fxsp0]OAR-2002-0021, EPA/DC, EPA West, Room B102, 1301 Constitution
Ave., NW., Washington, DC. The Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the Air Docket is<PHONE_NUMBER>.

    Note: The EPA Docket Center suffered damage due to flooding
during the last week of June 2006. The Docket Center is continuing
to operate. However, during the cleanup, there will be temporary
changes to Docket Center telephone numbers, addresses, and hours of
operation for people who wish to visit the Public Ready Room to view
documents. Consult EPA's Federal Register notice at 71 FR 38147
(July 5, 2006) or the EPA Web site http://www.epa.gov/[fxsp0
]epahome/dockets.htm for current information on docket status,

locations, and telephone numbers.

FOR FURTHER INFORMATION CONTACT: Mr. Greg Nizich, Chemicals and
Coatings Group, Sector Policies and Programs Division (E143-01), U.S.
EPA, Research Triangle Park, NC 27711, telephone number: (919) 541-
3078, facsimile number:<PHONE_NUMBER>, electronic mail (e-mail)
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Regulated Entities. The regulated categories
and entities affected by the NESHAP include:

------------------------------------------------------------------------
                                                   Examples of regulated
           Category                 NAICS \1\             entities
------------------------------------------------------------------------
Industry......................<PHONE_NUMBER>92      Site remediation
<PHONE_NUMBER>1       activities at
                                 49311 49319        businesses at which
                                 48611 42269        materials containing
                                 42271.             organic HAP
                                                    currently are or
                                                    have been in the
                                                    past stored,
                                                    processed, treated,
                                                    or otherwise managed
                                                    at the facility.
                                                    These facilities
                                                    include: organic
                                                    liquid storage
                                                    terminals, petroleum
                                                    refineries, chemical
                                                    manufacturing
                                                    facilities, and
                                                    other manufacturing
                                                    facilities with co-
                                                    located site
                                                    remediation
                                                    activities.
Federal Government............  .................  Federal agency
                                                    facilities that
                                                    conduct site
                                                    remediation
                                                    activities to clean
                                                    up materials
                                                    contaminated with
                                                    organic HAP.

State/ Local/ Tribal            .................  Tribal governments
 Government.                                        that conduct site
                                                    remediation
                                                    activities to clean
                                                    up materials
                                                    contaminated with
                                                    organic HAP.
------------------------------------------------------------------------
\1\ North American Industry Classification System (NAICS) code.
  Representative industrial codes at which site remediation activities
  have been or are currently conducted at some but not all facilities
  under a given code. The list is not necessarily comprehensive as to
  the types of facilities at which a site remediation cleanup may
  potentially be required either now or in the future.

    This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities that we are now aware
could potentially be regulated by this action.
    A comprehensive list of NAICS codes cannot be compiled for
businesses or facilities potentially regulated by the rule due to the
nature of activities regulated by the source category. The industrial
code alone for a given facility does not determine whether the facility
is or is not potentially subject to this final rule. This final rule
may be applicable to any type of business or facility at which a site
remediation is conducted to clean up media contaminated with organic
hazardous air pollutant (HAP) and other hazardous material. Thus, for
many businesses and facilities subject to the rule, the regulated
sources (i.e., the site remediation activities) are not the predominant
activity, process, operation, or service conducted at the facility. In
these cases, the industrial code indicates a primary product produced
or service provided at the facility rather than the presence of a site
remediation at the facility. For example, NAICS code classifications
where site remediation activities are currently being performed at some
but not all facilities include, but are not limited to, petroleum
refineries (NAICS code 32411), industrial organic chemical
manufacturing (NAICS code 3251xx), and plastic materials and synthetics
manufacturing (NAICS code 3252xx).
    However, we are also aware of site remediation activities
potentially subject to the rule being performed at facilities listed
under NAICS codes for refuse systems, waste management, business
services, miscellaneous services, and nonclassifiable.
    To determine whether your facility is regulated by the action, you
should carefully examine the applicability criteria in the 40 CFR part
63, subpart GGGGG-National Emissions Standards for Hazardous Air
Pollutants: Site Remediation. If you have questions regarding the
applicability of this action to a particular entity, consult the person
listed in the preceding FOR FURTHER INFORMATION CONTACT section.
    Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of this final action will also be available on the
Worldwide Web through the Technology Transfer Network (TTN). Following
signature, a copy of this final rule will be posted on the TTN's policy
and guidance page for newly proposed or promulgated rules at the
following address: http://www.epa.gov/ttn/oarpg/. The TTN provides

information and technology exchange in various areas of air pollution
control.
    Judicial Review. Under section 307(b)(1) of the Clean Air Act
(CAA), judicial review of the final rule is available only by filing a
petition for review in the U.S. Court of Appeals for the District of
Columbia Circuit by January 29, 2007. Under section 307(d)(7)(B) of the
CAA, only an objection to the final rule that was raised with
reasonable specificity during the period for public comment can be
raised during judicial review. Moreover, under section 307(b)(2) of the
CAA, the requirements established by the final rule may not be
challenged separately in any civil or criminal proceedings brought by
EPA to enforce these requirements.
    Organization of This Document. The information presented in this
preamble is organized as follows:

I. Background
II. Final Amendments to Rule
    A. Applicability Determination for Remediation Activities at
Certain Oil and Natural Gas Production Facilities
    B. 1 Megagram (Mg) Site Remediation Applicability Exemption
    C. Short-Term Site Remediation Exemption (30-day)
    D. Point of Determination of Remediation Material VOHAP
Concentration
    E. Requirements for Equipment Leaks
    F. Other Rule Corrections
III. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer Advancement Act
    J. Congressional Review Act

I. Background

    On October 8, 2003 (68 FR 58172), we issued a NESHAP for site
remediation activities (40 CFR part 63, subpart GGGGG). This NESHAP
implements section 112(d) of the CAA by requiring owners and operators
of facilities that are major sources of HAP emissions and where a site
remediation is conducted, that meets the definitions and conditions
specified in this rule, to comply with emission standards and work
practices for control of HAP reflecting application of the maximum
achievable control technology.
    After promulgation of subpart 40 CFR part 63, GGGGG, we received
questions about our intent and interpretation of specific provisions in
the rule. To clarify these issues, we decided that technical amendments
to the rule are appropriate. We proposed on May 1, 2006, (71 FR 25531)
amendments to subpart GGGGG to clarify certain provisions of the rule
and to correct unintentional technical omissions and terminology,
typographical, printing, and grammatical errors that we have identified
since promulgation of the original rule. A 60-day period, which ended
on June 30, 2006, was provided to accept public comments on the
proposed amendments to subpart GGGGG. We received comments on the
proposed amendments from 12 commenters.
    A petition for reconsideration for 40 CFR part, subpart GGGGG was
filed by the Sierra Club on December 8, 2003. The amendments to subpart
GGGGG promulgated by this action do not address any issues cited in the
Sierra Club's petition. We are still reviewing the items for
reconsideration and will address them in a future notice.

II. Final Amendments to Rule

    We are amending 40 CFR part 63, subpart GGGGG to clarify our intent
for applying and implementing specific rule requirements and to correct
unintentional technical omissions and editorial errors. This action
promulgates our proposed regulatory language for the amendments to
subpart GGGGG except

for those provisions, as noted below, for which modifications were made
to the regulatory language for the final amendments in response to
specific public comments. Our original projections for the subpart
GGGGG compliance costs, environmental benefits, burden on industry, or
the number of affected facilities are not changed by these final
amendments.
    This final rule promulgated by this action reflects our full
consideration of all the comments we received on the amendment
proposal. Our responses to all of the substantive public comments on
the proposal are presented in a comment summary and response document
available in Docket ID No. EPA-HQ-OAR-2002-0021 and at http://www.epa.gov/ttn/atw/siterm/sitermpg.html
.

A. Applicability Determination for Remediation Activities at Certain
Oil and Natural Gas Production Facilities

    The major source determination requirements used for determining
the applicability of 40 CFR part 63, subpart GGGGG are amended for
certain facilities involved with oil and natural gas production to be
consistent with special directives for these facilities in CAA section
112(n)(4)(A). As discussed in the preamble for the proposed amendments
(71 FR 25536), in the Oil and Natural Gas Production NESHAP (40 CFR
part 63, subpart HH) we address the provisions of CAA section
112(n)(4)(A) by limiting the emission points that are aggregated for
the major source status determination of a production field facility to
only the glycol dehydration units and storage vessels with flash
emission potential, as defined in the rule (see 40 CFR 63.761).
Consistent with our approach used for subpart HH, we are amending
subpart GGGGG to specify that for a major source status determination
of a production field facility, only the HAP emissions from the glycol
dehydration units and storage vessels with the potential for flash
emissions, as defined in subpart HH, are to be aggregated with the HAP
emissions from the site remediation activities at the facility.
    Several commenters on the proposed amendments stated that in
compliance with the CAA section 112(n)(4) statutory directives, EPA
should provide a similar applicability provision in 40 CFR part 63,
subpart GGGGG for natural gas transmission and storage facilities
consistent with the major source definition in the Natural Gas
Transmission and Storage Facilities NESHAP (40 CFR part 63, subpart
HHH). We agree that such a provision is appropriate, and are amending
subpart GGGGG to specify that for natural gas transmission and storage
facilities, HAP emissions are to be aggregated according to the
definition of major source in Sec.  63.1271 for a major source
determination.

B. 1 Megagram (Mg) Site Remediation Applicability Exemption

    The final amendments clarify the 40 CFR part 63, subpart GGGGG
language with respect to how the 1 Mg applicability exemption is to be
applied at a facility. Under this applicability exemption, site
remediation activities conducted at your facility are not subject to
the requirements of subpart GGGGG (except for certain recordkeeping
requirements) if you determine that the total quantity of the HAP that
is contained in the remediation material excavated, extracted, pumped,
or otherwise removed during all of the site remediations conducted at
your facility is less than 1 Mg annually. This final rule language for
the exemption provisions does not change how the 1 Mg limit is applied
nor change the documentation requirements for the exemption, but adds
clarifying language stating that the 1 Mg limit applies on a facility-
wide, annual basis and that there is no restriction to the number of
site remediations that can be conducted under the exemption. Also, in
response to public comments on the proposed regulatory language, the
term ``annual'' was substituted for ``calendar year'', and language was
added to the final rule stating that a Title V permit does not have to
be reopened or revised solely to include the recordkeeping requirement
required for the 1 Mg exemption. However, the recordkeeping requirement
must be included in the facility's Title V permit the next time the
permit is renewed, reopened, or revised for another reason.

C. Short-Term Site Remediation Exemption (30-Day)

    Subpart GGGGG of 40 CFR part 63 is amended to clarify the rule
language with respect to our intent for application of the 30-day site
remediation exemption, including those situations when the remediation
material is transferred off-site. Under this exemption, site
remediations at your facility with affected sources subject to
regulation under subpart GGGGG that can be completed within 30 days are
exempted from having to meet the air emission control requirements
specified in this final rule. The final rule language explicitly
defines the beginning and end of the 30-day period for the purpose of
qualifying for the exemption.
    The first day of the 30-day exemption period is defined as the day
on which you initiate any action that removes, destroys, degrades,
transforms, immobilizes, or otherwise manages the remediation
materials. Certain activities that you perform to prepare for the
actual cleanup of the contaminated media are not counted as part of the
30-day period. The period of time (i.e., number days) that you are
required to perform the following activities are not counted as part of
the 30-day interval that cannot be exceeded in order to qualify for the
exemption provided that these activities are completed before the
actual site cleanup begins: Activities to characterize the type and
extent of the contamination by collecting and analyzing samples;
activities to obtain permits from Federal, State, or local authorities
to conduct the site remediation; activities to schedule workers and
necessary equipment; and activities to arrange for contractor or third
party assistance in performing the site remediation.
    The last day of the 30-day exemption period is defined as the day
on which all of the remediation materials generated by the cleanup have
been treated or disposed of in a manner such that the organic HAP in
the material no longer have a reasonable potential for volatilizing and
being released to the atmosphere (e.g., placed in a landfill). The
exemption does not apply to a site remediation where the only
activities completed during the 30-day period are excavating, pumping,
or otherwise removing the remediation material from the contaminated
area, and then storing this material on-site (e.g., in waste piles,
tanks, or containers) to be treated or disposed at some later date
after the end of the 30-day period. In this case, the processes and
equipment used for site remediation need to meet the applicable air
emission control requirement in 40 CFR part 63, subpart GGGGG (unless
the site remediation qualifies for another exemption allowed under the
rule).
    It was our intent that this exemption be used for those short-term
site remediations for which all of the remediation materials generated
by the cleanup are treated or disposed within the 30-day period to meet
the requirement that the organic HAP constituents in the materials no
longer have a reasonable potential for volatilizing and subsequent
release to the atmosphere. However, we recognize that in some
situations where the remediation materials are shipped off-site for
treatment or disposal, unexpected special circumstances

beyond the direct control of the facility owner or operator may not
allow the final treatment or disposal of the remediation material sent
to the off-site location to be completed within the 30-day period
required to qualify for the exemption. To address these situations,
this final rule includes a provision allowing you to qualify for the
exemption provided that all of the remediation material generated by
your cleanup is transferred off-site within the 30-day exemption period
according to the existing requirements specified in section 63.7936 of
subpart GGGGG for remediation material transferred to another party or
shipped to another facility. The requirements in section 63.7936 apply
to the off-site transfer of remediation materials that have an average
total average volatile organic HAP (VOHAP) concentration equal to or
greater than 10 parts per million by weight (ppmw), and provide the
owner or operator of the affected facility from which the remediation
material is transferred with several compliance options. This final
rule adds the requirement that you must include in the applicable
shipping documentation used to transfer the remediation material off-
site, in addition to any notifications and certifications required
under section 63.7936, a statement that the shipped material was
generated by a site remediation activity subject to the conditions
specified for the 30-day exemption. The statement must include the date
on which you initiated the site remediation activity generating the
shipped remediation materials and the date 30 calendar days following
your initiation date.

D. Point of Determination of Remediation Material VOHAP Concentration

    Subpart GGGGG of 40 CFR part 63 applies the air emission control
requirements for remediation material management units (i.e., tanks,
surface impoundments, containers, oil/water separators, organic/water
separators and transfer systems) to those units that manage remediation
material with an average VOHAP concentration equal to or greater than
500 ppmw. The final rule revises the applicable regulatory language in
subpart GGGGG referring to the point at which the facility owner or
operator determines the average VOHAP concentration of a remediation
material. The final rule implements our original intended VOHAP
determination procedure by reinstating the regulatory language and
terminology we originally proposed for rule, and removing the term
``point-of-extraction'' from the rule.
    Under the amended 40 CFR part 63, subpart GGGGG, you are required
to determine the average total VOHAP concentration of the remediation
material at a point prior to or within a remediation material
management unit. Thus, once the VOHAP concentration for a remediation
material has been determined to be less than 500 ppmw, all remediation
material management units downstream from the point of determination
that manage this material are no longer required to meet the air
emission control requirements in subpart GGGGG unless a remediation
process is used that concentrates all, or part of, the remediation
material being managed in the unit such that the VOHAP concentration of
the material increases to 500 ppmw or more. The amended regulatory
language also clarifies that any free product returned to a
manufacturing process is no longer subject to the air emission control
requirements in subpart GGGGG.

E. Requirements for Equipment Leaks

    The final rule adds a compliance option to 40 CFR part 63, subpart
GGGGG, air emission control requirements for those affected equipment
leak sources already using air pollution controls or work practices to
comply with another subpart under 40 CFR part 61 or 40 CFR part 63.
Under this option, the affected source is in compliance with subpart
GGGGG if the HAP emissions from the affected equipment leak source are
controlled in compliance with the applicable standards specified in the
other subpart in part 61 or 63 that the affected source is subject.
This final rule extends the same compliance option that subpart GGGGG
already allows for process vents and remediation material management
units to equipment leak sources.
    If you choose to comply with this option, you must comply with all
of the applicable emissions limitations and work practice standards
under the other subpart (e.g., you implement leak detection and control
measures to reduce HAP emissions as specified by the applicable
subpart). This provision does not apply to any exemption of the
affected source from the emissions limitations and work practice
standards allowed by the other applicable subpart.

F. Other Rule Corrections

    For purposes of implementing the requirements of subpart GGGGG,
Table 1 in the rule lists the specific organic chemical compounds,
isomers, and mixtures that are HAP. The final rule updates this table
to be consistent with EPA's current HAP list. The final rule removes
from Table 1 the listings for 1,1-dimethyl hydrazine and methyl ethyl
ketone. Both of these organic chemical compounds have been delisted as
HAP.
    Provisions in 40 CFR part 63, subpart GGGGG related to startup,
shutdown, and malfunction plan requirements have been revised, as
appropriate, to be consistent with the amendments to the General
Provisions under subpart A to 40 CFR part 63 that we promulgated on
April 20, 2006 (71 FR 20446).
    The final rule includes changes to the cross-reference citations in
Sec. Sec.  63.7938(b)(2), 63.7938(d)(2), 63.7938(d)(3), 63.7941(h),
63.7950(c), 63.7884(b)(2), and Table 3 of the rule to cite the correct
provision in 40 CFR part 63, subpart GGGGG that we had intended to be
referenced. Also, the final amendments correct terminology,
typographical, and grammatical errors in specific provisions of subpart
GGGGG that have been identified since the rule was originally
promulgated. The final rule replaces the rule language with the correct
cross-reference citation, term, or wording, but do not change any of
the technical or administrative requirements of the rule.

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under the Executive Order.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden.
The final rule results in no changes to the information collection
requirements of the existing rule. OMB has previously approved the
information collection requirements contained in 40 CFR part 63,
subpart GGGGG, under the provisions of the Paperwork Reduction Act, 44
U.S.C. 3501 et seq., and has assigned OMB control number 2060-0534, EPA
ICR number 2062.02. A copy of the OMB approved Information Collection
Request (ICR) may be obtained from Susan Auby; Collection Strategies
Division; U.S. EPA (2822T); 1200 Pennsylvania Ave., NW.; Washington, DC
20460 or by calling<PHONE_NUMBER>.
    Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop,

acquire, install, and utilize technology and systems for the purposes
of collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements; train personnel to be able to respond to
a collection of information; search data sources; complete and review
the collection of information; and transmit or otherwise disclose the
information.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR part 63 are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act generally requires an agency to
prepare a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements under the Administrative Procedure
Act or any other statute unless the agency certifies that the rule will
not have a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small organizations,
and small governmental jurisdictions.
    For the purposes of assessing the impacts of the final rule on
small entities, small entity is defined as: (1) A small business as
defined by the Small Business Administration at 13 CFR 121.201; (2) a
small governmental jurisdiction that is a government of a city, county,
town, school district, or special district with a population of less
than 50,000; and (3) a small organization that is any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field.
    After considering the economic impacts of the final rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. The small
entities that may be directly regulated by the rule include small
businesses and small governmental jurisdictions. We have determined
that there is little or no impact on any affected small entities
because the final rule amends existing regulations to clarify specific
provisions and to correct technical omissions and editorial errors.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures by State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
1 year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective, or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
    EPA has determined that the final rule does not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local, and tribal governments, in the aggregate, or to the
private sector in any 1 year. Thus, the final rule is not subject to
the requirements of sections 202 and 205 of the UMRA. In addition, EPA
has determined that the final rule contains no regulatory requirements
that might significantly or uniquely affect small governments, because
they contain no requirements that apply to such governments or impose
obligations upon them.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999) requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' are defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
    The final rule does not have federalism implications. The final
rule does not have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132. The final rule does
not add any new requirements to the current rule, they only clarify our
intent and correct errors. Thus, Executive Order 13132 does not apply
to the final amendments.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' The final rule does not have
tribal implications, as specified in Executive Order 13175. This action
does not have substantial direct effects on tribal governments, 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. Thus, Executive Order 13175 does not
apply to the final rule.

G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

    Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any
rule that: (1) Is determined to be ``economically significant,'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, EPA must evaluate the environmental health or safety
effects of the planned rule on children, and explain why the planned
regulation is preferable to other potentially effective and reasonably
feasible alternatives considered by EPA.
    EPA interprets Executive Order 13045 as applying only to those
regulatory

actions that are based on health or safety risks, such that the
analysis required under section 5-501 of the Executive Order has the
potential to influence the regulation. The final rule is not subject to
the Executive Order because they are based on control technology and
not on health or safety risks.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This action is not a ``significant energy action'' as defined in
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001) because it is not likely to have a significant
adverse effect on the supply, distribution, or use of energy because it
only clarifies our intent and corrects errors in the existing rule.
Further, we have concluded that the final rule is not likely to have
any adverse energy effects.

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law No. 104-113, 15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards (VCS) in its
regulatory activities, unless to do so would be inconsistent with
applicable law or otherwise impractical. The VCS are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
one or more VCS bodies. The NTTAA directs EPA to provide Congress,
through OMB, explanations when the Agency does not use available and
applicable VCS.
    This action does not involve any new technical standards or the
incorporation by reference of existing technical standards. Therefore,
the consideration of VCS is not relevant to this action.

J. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801, et seq., as added by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing the
final amendments and other required information to the U.S. Senate, the
U.S. House of Representatives, and the Comptroller General of the
United States prior to publication of the final amendments in the
Federal Register. A major rule cannot take effect until 60 days after
it is published in the Federal Register. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2). These final amendments are
effective on November 29, 2006.

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous
substances, Reporting and recordkeeping requirements.

    Dated: November 22, 2006.
Stephen L. Johnson,
Administrator.

0
For the reasons stated in the preamble, title 40, chapter I, part 63,
of the Code of the Federal Regulations is amended as follows:

PART 63--[AMENDED]

0
1. The authority citation for part 63 continues to read as follows:

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

Subpart GGGGG--[Amended]

0
2. Section 63.7881 is amended by revising paragraphs (a)(3) and (c) to
read as follows:

Sec.  63.7881  Am I subject to this subpart?

    (a) * * *
    (3) Your facility is a major source of HAP as defined in Sec.
63.2, except as specified in paragraph (a)(3)(i) or (ii) of this
section. A major source emits or has the potential to emit any single
HAP at the rate of 10 tons (9.07 megagrams) or more per year or any
combination of HAP at a rate of 25 tons (22.68 megagrams) or more per
year.
    (i) For production field facilities, as defined in Sec.  63.761,
only the HAP emissions from the glycol dehydration units and storage
vessels with the potential for flash emissions (both as defined in
Sec.  63.761) shall be aggregated with the HAP emissions from the site
remediation activities at the facility for a major source
determination.
    (ii) For natural gas transmission and storage facilities, HAP
emissions shall be aggregated in accordance with the definition of
major source in Sec.  63.1271 for a major source determination.
* * * * *
    (c) Your site remediation activities are not subject to the
requirements of this subpart, except for the recordkeeping requirements
in this paragraph, provided that you meet the requirements specified in
paragraphs (c)(1) through (c)(3) of this section.
    (1) You determine that the total quantity of the HAP listed in
Table 1 to this subpart that is contained in the remediation material
excavated, extracted, pumped, or otherwise removed during all of the
site remediations conducted at your facility is less than 1 megagram
(Mg) annually. This exemption applies the 1 Mg limit on a facility-
wide, annual basis, and there is no restriction to the number of site
remediations that can be conducted during this period.
    (2) You must prepare and maintain at your facility written
documentation to support your determination that the total HAP quantity
in your remediation materials for the year is less than 1 Mg. The
documentation must include a description of your methodology and data
used for determining the total HAP content of the remediation material.
    (3) Your Title V permit does not have to be reopened or revised
solely to include the recordkeeping requirement specified in paragraph
(c)(2) of this section. However, the requirement must be included in
your permit the next time the permit is renewed, reopened, or revised
for another reason.
* * * * *

0
3. Section 63.7884 is revised to read as follows:

Sec.  63.7884  What are the general standards I must meet for each site
remediation with affected sources?

    (a) For each site remediation with an affected source designated
under Sec.  63.7882, you must meet the standards specified in
Sec. Sec.  63.7885 through 63.7955, as applicable to your affected
source, unless your site remediation meets the requirements for an
exemption under paragraph (b) of this section.
    (b) A site remediation that is completed within 30 consecutive
calendar days according to the conditions in paragraphs (b)(1) through
(3) of this section is not subject to the standards under paragraph (a)
of this section. This exemption cannot be used for a site remediation
involving the staged or intermittent cleanup of remediation material
whereby the remediation activities at the site are started, stopped,
and then re-started in a series of intervals, with durations less than
30-days per interval, when the time period from the beginning of the
first interval to the end of the last interval exceeds 30 days.
    (1) The 30 consecutive calendar day period for a site remediation
that qualifies for this exemption is determined according to actions
taken by you as defined in paragraphs (b)(1)(i) through (iii) of this
section.
    (i) The first day of the 30-day period is defined as the day on
which you initiate any action that removes, destroys, degrades,
transforms, immobilizes, or otherwise manages the

remediation materials. The following activities, when completed before
beginning this initial action, are not counted as part of the 30-day
period: Activities to characterize the type and extent of the
contamination by collecting and analyzing samples; activities to obtain
permits from Federal, State, or local authorities to conduct the site
remediation; activities to schedule workers and necessary equipment;
and activities to arrange for contractor or third party assistance in
performing the site remediation.
    (ii) The last day of the 30-day period is defined as the day on
which treatment or disposal of all of the remediation materials
generated by the cleanup is completed such that the organic
constituents in these materials no longer have a reasonable potential
for volatilizing and being released to the atmosphere.
    (iii) If treatment or disposal of the remediation materials is
conducted at an off-site facility where the final treatment or disposal
of the material cannot, or may not, be completed within the 30-day
exemption period, then the shipment of all of the remediation material
generated from your cleanup that is transferred to another party, or
shipped to another facility, within the 30-day period, must be
performed according to the applicable requirements specified in Sec.
63.7936.
    (2) For the purpose of complying with paragraph (b)(1) of this
section, if you ship or otherwise transfer the remediation material
off-site you must include in the applicable shipping documentation, in
addition to any notifications and certifications required under Sec.
63.7936, a statement that the shipped material was generated by a site
remediation activity subject to the conditions of this exemption. The
statement must include the date on which you initiated the site
remediation activity generating the shipped remediation materials, as
specified in paragraph (b)(1)(i) of this section, and the date 30
calendar days following your initiation date.
    (3) You must prepare and maintain at your facility written
documentation describing the exempted site remediation, and listing the
initiation and completion dates for the site remediation.

0
4. Section 63.7886 is amended by revising paragraph (b)(2) to read as
follows:

Sec.  63.7886  What are the general standards I must meet for my
affected remediation material management units?

* * * * *
    (b) * * *
    (2) You determine that the average total VOHAP concentration, as
defined in Sec.  63.7957, of the remediation material managed in the
remediation material management unit material is less than 500 ppmw.
You must follow the requirements in Sec.  63.7943 to demonstrate that
the VOHAP concentration of the remediation material is less than 500
ppmw. Once the VOHAP concentration for a remediation material has been
determined to be less than 500 ppmw, all remediation material
management units downstream from the point of determination managing
this material meet the requirements of this paragraph unless a
remediation process is used that concentrates all, or part of, the
remediation material being managed in the unit such that the VOHAP
concentration of the material could increase. Any free product returned
to the manufacturing process (e.g., recovered oil returned to a storage
tank at a refinery) is no longer subject to this subpart.
* * * * *

0
5. Section 63.7887 is revised to read as follows:

Sec.  63.7887  What are the general standards I must meet for my
affected equipment leak sources?

    (a) You must control HAP emissions from equipment leaks from each
equipment component that is part of the affected source by implementing
leak detection and control measures according to the standards
specified in Sec. Sec.  63.7920 through 63.7922 unless you elect to
meet the requirements in paragraph (b) of this section.
    (b) If the affected equipment leak source is also subject to
another subpart in 40 CFR part 61 or 40 CFR part 63, you may control
emissions of the HAP listed in Table 1 to this subpart from the
affected equipment leak source in compliance with the standards
specified in the other applicable subpart. This means you are complying
with all applicable emissions limitations and work practice standards
under the other subpart (e.g., you implement leak detection and control
measures to reduce HAP emissions as specified by the applicable
subpart). This provision does not apply to any exemption of the
affected source from the emissions limitations and work practice
standards allowed by the other applicable subpart.

0
6. Section 63.7890 is amended by revising paragraph (b)(2) to read as
follows:

Sec.  63.7890  What emissions limitations and work practice standards
must I meet for process vents?

* * * * *
    (b) * * *
    (2) Reduce from all affected process vents the emissions of total
organic compounds (TOC) (minus methane and ethane) to a level below 1.4
kg/hr and 2.8 Mg/yr (3.0 lb/hr and 3.1 tpy); or
* * * * *

0
7. Section 63.7893 is amended by revising paragraph (b) introductory
text to read as follows:

Sec.  63.7893  How do I demonstrate continuous compliance with the
emissions limitations and work practice standards for process vents?

* * * * *
    (b) You must maintain emission levels from all of your affected
process vents to meet the facilitywide emission limits in Sec.
63.7890(b) that apply to you, as specified in paragraphs (b)(1) through
(4) of this section.
* * * * *

0
8. Section 63.7896 is amended by revising paragraph (b)(2) to read as
follows:

Sec.  63.7896  How do I demonstrate initial compliance with the
emissions limitations and work practice standards for tanks?

* * * * *
    (b) * * *
    (2) You have determined, according to the procedures in Sec.
63.7944, and recorded the maximum HAP vapor pressure of the remediation
material placed in each affected tank subject to Sec.  63.7886(b)(1)(i)
that does not use Tank Level 2 controls.
* * * * *

0
9. Section 63.7898 is amended by revising paragraph (e)(2) to read as
follows:

Sec.  63.7898  How do I demonstrate continuous compliance with the
emissions limitations and work practice standards for tanks?

* * * * *
    (e) * * *
    (2) Visually inspecting the external floating roof according to the
requirements in Sec.  63.1063(d)(1) and inspecting the seals according
to the requirements in Sec.  63.1063(d)(2) and (3).
* * * * *

0
10. Section 63.7913 is amended by revising paragraph (c) introductory
text to read as follows:

Sec.  63.7913  How do I demonstrate continuous compliance with the
emissions limitations and work practice standards for separators?

* * * * *

    (c) You must demonstrate continuous compliance for each separator
using a fixed roof vented through a closed vent system to a control
device according to Sec.  63.7910(b)(2) by meeting the requirements in
paragraphs (c)(1) through (6) of this section.
* * * * *

0
11. Section 63.7915 is amended by revising paragraph (c)(2) to read as
follows:

Sec.  63.7915  What emissions limitations and work practice standards
must I meet for transfer systems?

* * * * *
    (c) * * *
    (2) A transfer system that consists of continuous hard piping. All
joints or seams between the pipe sections must be permanently or semi-
permanently sealed (e.g., a welded joint between two sections of metal
pipe or a bolted and gasketed flange).
* * * * *

0
12. Section 63.7917 is amended by revising paragraph (c) to read as
follows:

Sec.  63.7917  What are my inspection and monitoring requirements for
transfer systems?

* * * * *
    (c) If you operate a transfer system consisting of hard piping
according to Sec.  63.7915(c)(2), you must annually inspect the
unburied portion of pipeline and all joints for leaks and other
defects. In the event that a defect is detected, you must repair the
leak or defect according to the requirements of paragraph (e) of this
section.
* * * * *

0
13. Section 63.7918 is amended by revising paragraphs (d) and (e)
introductory text to read as follows:

Sec.  63.7918  How do I demonstrate continuous compliance with the
emissions limitations and work practice standards for transfer systems?

* * * * *
    (d) You must demonstrate continuous compliance for each transfer
system that consists of hard piping according to Sec.  63.7915(c)(2) by
meeting the requirements in paragraphs (d)(1) through (4) of this
section.
    (1) Operating and maintaining the pipeline to ensure that all
joints or seams between the pipe sections remain permanently or semi-
permanently sealed (e.g., a welded joint between two sections of metal
pipe or a bolted and gasketed flange).
    (2) Inspecting the pipeline for defects at least annually according
to the requirements in Sec.  63.7917(c).
    (3) Repairing defects according to the requirements in Sec.
63.7917(e).
    (4) Keeping records to document compliance with the requirements of
this subpart according to the requirements in Sec.  63.7952.
    (e) You must demonstrate continuous compliance for each transfer
system that is enclosed and vented to a control device according to
Sec.  63.7915(c)(3) by meeting the requirements in paragraphs (e)(1)
through (5) of this section.
* * * * *

0
14. Section 63.7927 is amended by revising paragraph (b)(3) to read as
follows:

Sec.  63.7927  What are my inspection and monitoring requirements for
closed vent systems and control devices?

* * * * *
    (b) * * *
    (3) Use a CPMS to measure and record the hourly average temperature
of the adsorption bed after regeneration (and within 15 minutes after
completing any cooling cycle).
* * * * *

0
15. Section 63.7928 is amended by revising paragraphs (b)(6) and (7)
and (c) introductory text to read as follows:

Sec.  63.7928  How do I demonstrate continuous compliance with the
emissions limitations and work practice standards for closed vent
systems and control devices?

* * * * *
    (b) * * *
    (6) If the closed vent system is equipped with a flow indicator,
recording the information in Sec.  63.693(c)(2)(i).
    (7) If the closed vent system is equipped with a seal or locking
device, visually inspecting the seal or closure mechanism at least
monthly according to the requirements in Sec.  63.693(c)(2)(ii), and
recording the results of each inspection.
    (c) You must demonstrate continuous compliance of each control
device subject to the emissions limits in Sec.  63.7925(d) with the
applicable emissions limit in Sec.  63.7925(d) by meeting the
requirements in paragraph (c)(1) or (2) of this section.
* * * * *

0
16. Section 63.7935 is amended by revising paragraphs (c) and (f) to
read as follows:

Sec.  63.7935  What are my general requirements for complying with this
subpart?

* * * * *
    (c) You must develop a written startup, shutdown, and malfunction
plan (SSMP) according to the provisions in Sec.  63.6(e)(3).
* * * * *
    (f) Consistent with Sec. Sec.  63.6(e) and 63.7(e)(1), deviations
that occur during a period of startup, shutdown, or malfunction are not
violations if you demonstrate to the Administrator's satisfaction that
you were operating in accordance with Sec.  63.6(e)(1). We will
determine whether deviations that occur during a period of startup,
shutdown, or malfunction are violations, according to the provisions in
Sec.  63.6(e).
* * * * *

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17. Section 63.7937 is amended by revising paragraphs (c)(2) and
(c)(4)(ii) to read as follows:

Sec.  63.7937  How do I demonstrate initial compliance with the general
standards?

* * * * *
    (c) * * *
    (2) If the remediation material managed in the affected remediation
material management unit has an average total VOHAP concentration less
than 500 ppmw according to Sec.  63.7886(b)(2), you have submitted as
part of your notification of compliance status, specified in Sec.
63.7950, a signed statement that you have determined, according to the
procedures in Sec.  63.7943, and recorded the average VOHAP
concentration of the remediation material placed in the affected
remediation material management unit.
* * * * *
    (4) * * *
    (ii) You will monitor the biological treatment process conducted in
each unit according to the requirements in Sec.  63.684(e)(4).
* * * * *

0
18. Section 63.7938 is amended by revising paragraphs (b)(2) and
(c)(4)(ii) to read as follows:

63.7938  How do I demonstrate continuous compliance with the general
standards?

* * * * *
    (b) * * *
    (2) If the remediation material treated or managed by the process
vented through the affected process vents has an average total VOHAP
less than 10 ppmw according to Sec.  63.7885(c)(1), you must
demonstrate continuous compliance by performing a new determination and
preparing new documentation as required in Sec.  63.7885(c)(2) to show
that the total VOHAP concentration of the remediation material remains
less than 10 ppmw.
    (c) * * *
    (4) * * *
    (ii) Monitoring the biological treatment process conducted in each

unit according to the requirements in Sec.  63.7886(4)(i).
* * * * *

0
19. Section 63.7940 is amended by revising paragraph (c) to read as
follows:

Sec.  63.7940  By what date must I conduct performance tests or other
initial compliance demonstrations?

* * * * *
    (c) For new sources, you must conduct initial performance tests and
other initial compliance demonstrations according to the provisions in
Sec.  63.7(a)(2).

0
20. Section 63.7941 is amended as follows:
0
a. By revising paragraph (c);
0
b. By revising paragraph (g); and
0
c. By removing and reserving paragraph (h):

Sec.  63.7941  How do I conduct a performance test, design evaluation,
or other type of initial compliance demonstration?

* * * * *
    (c) If you use a carbon adsorption system, condenser, vapor
incinerator, boiler, or process heater to meet an emission limit in
this subpart, you may choose to perform a design evaluation to
demonstrate initial compliance instead of a performance test. You must
perform a design evaluation according to the general requirements in
Sec.  63.693(b)(8) and the specific requirements in Sec.
63.693(d)(2)(ii) for a carbon adsorption system (including establishing
carbon replacement schedules and associated requirements), Sec.
63.693(e)(2)(ii) for a condenser, Sec.  63.693(f)(2)(ii) for a vapor
incinerator, or Sec.  63.693(g)(2)(i)(B) for a boiler or process
heater.
* * * * *
    (g) If you are required to conduct a visual inspection of an
affected source, you must conduct the inspection according to the
procedures in Sec.  63.906(a)(1) for Tank Level 1 controls, Sec.
63.1063(d) for Tank Level 2 controls, Sec.  63.926(a) for Container
Level 1 controls, Sec.  63.946(a) for a surface impoundment equipped
with a floating membrane cover, Sec.  63.946(b) for a surface
impoundment equipped with a cover and vented to a control device, Sec.
63.1047(a) for a separator with a fixed roof, Sec.  63.1047(c) for a
separator equipped with a fixed roof and vented to a control device,
Sec.  63.695(c)(1)(i) or (c)(2)(i) for a closed vent system, and Sec.
63.964(a) for individual drain systems.
* * * * *
    (h) [Reserved]
* * * * *

0
21. Section 63.7943 is amended as follows:
0
a. By revising paragraph (a);
0
b. By revising paragraph (b) introductory text;
0
c. By revising paragraphs (b)(1) introductory text and (b)(3); and
0
d. By revising paragraph (c) introductory text.

Sec.  63.7943  How do I determine the average VOHAP concentration of my
remediation material?

    (a) General requirements. You must determine the average total
VOHAP concentration of a remediation material using either direct
measurement as specified in paragraph (b) of this section or by
knowledge as specified in paragraph (c) of this section. These methods
may be used to determine the average VOHAP concentration of any
material listed in (a)(1) through (3) of this section.
    (1) A single remediation material stream; or
    (2) Two or more remediation material streams that are combined
prior to, or within, a remediation material management unit or
treatment process; or
    (3) Remediation material that is combined with one or more non-
remediation material streams prior to, or within, a remediation
material management unit or treatment process.
    (b) Direct measurement. To determine the average total VOHAP
concentration of a remediation material using direct measurement, you
must use the procedures in paragraphs (b)(1) through (3) of this
section.
    (1) Sampling. Samples of each material stream must be collected
from the container, pipeline, or other device used to deliver each
material stream prior to entering the remediation material management
unit or treatment process in a manner such that volatilization of
organics contained in the sample is minimized and an adequately
representative sample is collected and maintained for analysis by the
selected method.
* * * * *
    (3) Calculations. The average total VOHAP concentration (C) on a
mass-weighted basis must be calculated by using the results for all
samples analyzed according to paragraph (b)(2) of this section and
Equation 1 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR29NO06.007

Where:
C = Average VOHAP concentration of the material on a mass-weighted
basis, ppmw.
i = Individual sample ``i'' of the material.
n = Total number of samples of the material collected (at least 4
per stream) for the averaging period (not to exceed 1 year).
Qi = Mass quantity of material stream represented by
Ci, kilograms per hour (kg/hr).
QT = Total mass quantity of all material during the
averaging period, kg/hr.
Ci = Measured VOHAP concentration of sample ``i'' as
determined according to the requirements of paragraph (b)(2) of this
section, ppmw.

    (c) Knowledge of the material. To determine the average total VOHAP
concentration of a remediation material using knowledge, you must use
the procedures in paragraphs (c)(1) through (3) of this section.
* * * * *

0
22. Section 63.7950 is amended by revising paragraph (c) to read as
follows:

Sec.  63.7950  What notifications must I submit and when?

* * * * *
    (c) As specified in Sec.  63.9(b)(3), if you start up your new or
reconstructed affected source on or after the effective date, you must
submit an Initial Notification no later than 120 calendar days after
initial startup.
* * * * *

0
23. Section 63.7956 is amended by revising paragraph (c) introductory
text to read as follows:

Sec.  63.7956  Who implements and enforces this subpart?

* * * * *
    (c) The authorities that cannot be delegated to State, local, or
tribal agencies are listed in paragraphs (c)(1) through (4) of this
section.
* * * * *

0
24. Section 63.7957 is amended by removing the definition of ``Point-
of-extraction'' and revising the definitions of ``deviation'' and
``transfer system'' to read as follows:

Sec.  63.7957  What definitions apply to this subpart?

* * * * *
    Deviation means any instance in which an affected source subject to
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this
subpart, including but not limited to any emissions limitation
(including any operating limit), or work practice standard;
    (2) Fails to meet any term or condition that is adopted to
implement an applicable requirement in this subpart and that is
included in the operating permit for any affected source required to
obtain such a permit; or

    (3) Fails to meet any emissions limitation, (including any
operating limit), or work practice standard in this subpart during
startup, shutdown, or malfunction, regardless of whether or not such
failure is permitted by this subpart.
* * * * *
    Transfer system means a stationary system for which the predominant
function is to convey liquids or solid materials from one point to
another point within a waste management operation or recovery
operation. For the purpose of this subpart, the conveyance of material
using a container (as defined for this subpart) or a self-propelled
vehicle (e.g., a front-end loader) is not a transfer system. Examples
of a transfer system include but are not limited to a pipeline, an
individual drain system, a gravity-operated conveyor (such as a chute),
and a mechanically-powered conveyor (such as a belt or screw conveyor).
* * * * *

0
25. Table 1 to Subpart GGGGG of Part 63 is revised to read as follows:

 Table 1 to Subpart GGGGG of Part 63.--List of Hazardous Air Pollutants
------------------------------------------------------------------------
           CAS No.a                    Compound name           Fm 305
------------------------------------------------------------------------
75070.........................  Acetaldehyde..............        1.000
75058.........................  Acetonitrile..............        0.989
98862.........................  Acetophenone..............        0.314
98862.........................  Acetophenone..............        0.314
107028........................  Acrolein..................        1.000
107131........................  Acrylonitrile.............        0.999
107051........................  Allyl chloride............        1.000
71432.........................  Benzene (includes benzene         1.000
                                 in gasoline).
98077.........................  Benzotrichloride (isomers         0.958
                                 and mixture).
100447........................  Benzyl chloride...........        1.000
92524.........................  Biphenyl..................        0.864
542881........................  Bis(chloromethyl)ether b..        0.999
75252.........................  Bromoform.................        0.998
106990........................  1,3-Butadiene.............        1.000
75150.........................  Carbon disulfide..........        1.000
56235.........................  Carbon Tetrachloride......        1.000
43581.........................  Carbonyl sulfide..........        1.000
133904........................  Chloramben................        0.633
108907........................  Chlorobenzene.............        1.000
67663.........................  Chloroform................        1.000
107302........................  Chloromethyl methyl ether         1.000
                                 b.
126998........................  Chloroprene...............        1.000
98828.........................  Cumene....................        1.000
94757.........................  2,4-D, salts and esters...        0.167
334883........................  Diazomethane c............        0.999
132649........................  Dibenzofurans.............        0.967
96128.........................  B1,2-Dibromo-3-                   1.000
                                 chloropropane.
106467........................  1,4-Dichlorobenzene(p)....        1.000
107062........................  Dichloroethane (Ethylene          1.000
                                 dichloride).
111444........................  Dichloroethyl ether (Bis(2-       0.757
                                 chloroethylether).
542756........................  1,3-Dichloropropene.......        1.000
64675.........................  Diethyl sulfate...........        0.0025
79447.........................  Dimethyl carbamoyl                0.150
                                 chloride c.
77781.........................  Dimethyl sulfate..........        0.086
121697........................  N,N-Dimethylaniline.......        0.0008
51285.........................  2,4-Dinitrophenol.........        0.0077
121142........................  2,4-Dinitrotoluene........        0.0848
123911........................  1,4-Dioxane (1,4-                 0.869
                                 Diethyleneoxide).
106898........................  Epichlorohydrin (1-Chloro-        0.939
                                 2,3-epoxypropane).
106887........................  1,2-Epoxybutane...........        1.000
140885........................  Ethyl acrylate............        1.000
100414........................  Ethyl benzene.............        1.000
75003.........................  Ethyl chloride                    1.000
                                 (Chloroethane).
106934........................  Ethylene dibromide                0.999
                                 (Dibromoethane).
107062........................  Ethylene dichloride (1,2-         1.000
                                 Dichloroethane).
151564........................  Ethylene imine (Aziridine)        0.867
75218.........................  Ethylene oxide............        1.000
75343.........................  Ethylidene dichloride (1,1-       1.000
                                 Dichloroethane).               [e]
                                 Glycol ethers d that have
                                 a Henry's Law Constant
                                 value equal to or greater
                                 than 0.01 Y/X(1.8 x 10-6
                                 atm/gm-mole/m3) at
                                 25[deg]C.
118741........................  Hexachlorobenzene.........        0.97
87683.........................  Hexachlorobutadiene.......        0.88
67721.........................  Hexachloroethane..........        0.499
110543........................  Hexane....................        1.000
78591.........................  Isophorone................        0.506
58899.........................  Lindane (all isomers).....        1.000
67561.........................  Methanol..................        0.855
74839.........................  Methyl bromide                    1.000
                                 (Bromomethane).
74873.........................  Methyl chloride                   1.000
                                 (Choromethane).
71556.........................  Methyl chloroform (1,1,1-         1.000
                                 Trichloroethane).

74884.........................  Methyl iodide                     1.000
                                 (Iodomethane).
108101........................  Methyl isobutyl ketone            0.979
                                 (Hexone).
624839........................  Methyl isocyanate.........        1.000
80626.........................  Methyl methacrylate.......        0.999
1634044.......................  Methyl tert butyl ether...        1.000
75092.........................  Methylene chloride                1.000
                                 (Dichloromethane).
91203.........................  Naphthalene...............        0.994
98953.........................  Nitrobenzene..............        0.394
79469.........................  2-Nitropropane............        0.989
82688.........................  Pentachloronitrobenzene           0.839
                                 (Quintobenzene).
87865.........................  Pentachlorophenol.........        0.0898
75445.........................  Phosgene \c\..............        1.000
123386........................  Propionaldehyde...........        0.999
78875.........................  Propylene dichloride (1,2-        1.000
                                 Dichloropropane).
75569.........................  Propylene oxide...........        1.000
75558.........................  1,2-Propylenimine (2-             0.945
                                 Methyl aziridine).
100425........................  Styrene...................        1.000
96093.........................  Styrene oxide.............        0.830
79345.........................  1,1,2,2-Tetrachloroethane.        0.999
127184........................  Tetrachloroethylene               1.000
                                 (Perchloroethylene).
108883........................  Toluene...................        1.000
95534.........................  o-Toluidine...............        0.152
120821........................  1,2,4-Trichlorobenzene....        1.000
71556.........................  1,1,1-Trichloroethane             1.000
                                 (Methyl chlorform).
79005.........................  1,1,2-Trichloroethane             1.000
                                 (Vinyltrichloride).
79016.........................  Trichloroethylene.........        1.000
95954.........................  2,4,5-Trichlorophenol.....        0.0108
88062.........................  2,4,6-Trichlorophenol.....        0.0132
121448........................  Triethylamine.............        1.000
540841........................  2,2,4-Trimethylpentane....        1.000
108054........................  Vinyl acetate.............        1.000
593602........................  Vinyl bromide.............        1.000
75014.........................  Vinyl chloride............        1.000
75354.........................  Vinylidene chloride (1,1-         1.000
                                 Dichloroethylene).
1330207.......................  Xylenes (isomers and              1.000
                                 mixture).
95476.........................  o-Xylenes.................        1.000
108383........................  m-Xylenes.................        1.000
106423........................  p-Xylenes.................        1.000
------------------------------------------------------------------------
Notes:
Fm 305 Fraction measure factor in Method 305, 40 CFR 305 part 63,
  appendix A.
a CAS numbers refer to the Chemical Abstracts Services registry number
  assigned to specific compounds, isomers, or mixtures of compounds.
b Denotes a HAP that hydrolyzes quickly in water, but the hydrolysis
  products are also HAP chemicals.
c Denotes a HAP that may react violently with water.
d Denotes a HAP that hydrolyzes slowly in water.
e The Fm 305 factors for some of the more common glycol 305 ethers can
  be obtained by contacting the Waste and Chemical Processes Group,
  Office of Air Quality Planning and Standards, Research Triangle Park,
  NC 27711.

0
26. Table 3 is amended by revising the entries for ``63.7(c)'',
``63.8(c)(1)(i)'', and ``63.8(c)(6)'' to read as follows:

           Table 3 to Subpart GGGGG of Part 63.--Applicability of General Provisions to Subpart GGGGG
                                                    * * * * *
----------------------------------------------------------------------------------------------------------------
            Citation                    Subject            Brief description         Applies to subpart GGGGG
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Sec.   63.7(c)..................  Quality Assurance/   Requirement to submit     Yes.
                                   Test Plan.           site-specific test plan
                                                        60 days before the test
                                                        or on date
                                                        Administrator agrees
                                                        with: Test plan
                                                        approval procedures;
                                                        performance audit
                                                        requirements; internal
                                                        and external QA
                                                        procedures for testing.

                                                  * * * * * * *
Sec.   63.8(c)(1)(i)............  Routine and          Keep parts for routine    Yes.
                                   Predictable SSM.     repairs available;
                                                        reporting requirements
                                                        for SSM when action is
                                                        described in SSM plan.

                                                  * * * * * * *
Sec.   63.8(c)(6)...............  CMS Requirements...  Zero and High level       Yes.
                                                        calibration check        However requirements for CPMS
                                                        requirements.             are addressed in Sec.
                                                                                63.7927.

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

 [FR Doc. E6-20119 Filed 11-28-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 125 (Friday, June 30, 2023)]
[Notices]
[Page 42417]
[FR Doc No: 2023-13443]

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

Federal Aviation Administration

Notice of Intent To Rule on Request To Release Airport Property
at the Dona Ana County International Jetport, Santa Teresa, New Mexico;
Correction

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice; correction.

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

SUMMARY: The Federal Aviation Administration published a document in
the Federal Register of March 20, 2023, concerning request for comments
on specifications for the notice of intent to rule on request to
release airport property at the Dona Ana County International Jetport,
Santa Teresa, New Mexico. The document contained incorrect acreage in
the supplementary information.

FOR FURTHER INFORMATION CONTACT: Ms. Heidi Higginbotham, Program
Manager, Federal Aviation Administration, Louisiana/New Mexico Airports
District Office, Telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Correction

    In the Federal Register of March 20, 2023, in FR Doc. 2023-05548,
on page 16709, in the second column, correct the SUPPLEMENTARY
INFORMATION caption to read:

SUPPLEMENTARY INFORMATION:

    The County of Dona Ana requests the release of 12.027 acres of
land requested which consists of two parcels of vacant land with a
combined land area. Parcel #1 contains 11.95 acres and is
triangular. Parcel #2 contains 0.077-acres and is triangular. The
land was acquired by Deed conveyed to the city from the United
States of America Bureau of Land Management Section 23 of the
Airport and Airway development Act of 1970. The land proposed for
release will be swapped for 5.68 acres by Paseo Del Norte, LLC. The
property to be released will ultimately be sold to Franklin Mountain
for the development of a logistics park. The benefit to civil
aviation has long-term impacts from the logistics park with plans to
construct an air cargo handling facility.

D. Cameron Bryan,
Acting Director, Office of Airports, Southwest Region.
[FR Doc. 2023-13443 Filed 6-29-23; 8:45 am]
BILLING CODE P


[Federal Register Volume 78, Number 100 (Thursday, May 23, 2013)]
[Notices]
[Pages 30915-30916]
[FR Doc No: 2013-12286]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER13-1504-000]

SWG Arapahoe, LLC; Supplemental Notice That Initial Market-Based
Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
SWG Arapahoe, LLC's application for market-

based rate authority, with an accompanying rate schedule, noting that
such application includes a request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability is June 6, 2013.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding(s) are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

     Dated: May 17, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-12286 Filed 5-22-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 240 (Monday, December 14, 2020)]
[Notices]
[Pages 80794-80795]
[FR Doc No: 2020-27420]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2020-0617]

Collection of Information under Review by Office of Management
and Budget; OMB Control Number 1625-0030

AGENCY: Coast Guard, DHS.

ACTION: Thirty-day notice requesting comments.

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

SUMMARY: In compliance with the Paperwork Reduction Act of 1995 the
U.S. Coast Guard is forwarding an Information Collection Request (ICR),
abstracted below, to the Office of Management and Budget (OMB), Office
of Information and Regulatory Affairs (OIRA), requesting an extension
of its approval for the following collection of information: 1625-0030,
Oil and Hazardous Materials Transfer Procedures; without change. Our
ICR describes the information we seek to collect from the public.
Review and comments by OIRA ensure we only impose paperwork burdens
commensurate with our performance of duties.

DATES: You may submit comments to the Coast Guard and OIRA on or before
January 13, 2021.

ADDRESSES: Comments to the Coast Guard should be submitted using the
Federal eRulemaking Portal at https://www.regulations.gov. Search for
docket number [USCG-2020-0617]. Written comments and recommendations to
OIRA for the proposed information collection should be sent within 30
days of publication of this notice to https://www.reginfo.gov/public/do/PRAMain.
    Find this particular information collection by selecting
``Currently under 30-day Review--Open for Public Comments'' or by using
the search function.
    A copy of the ICR is available through the docket on the internet
at https://www.regulations.gov. Additionally, copies are available
from: COMMANDANT (CG-6P), ATTN: PAPERWORK REDUCTION ACT MANAGER, U.S.
COAST GUARD, 2703 MARTIN LUTHER KING JR. AVE SE, STOP 7710, WASHINGTON,
DC 20593-7710.

FOR FURTHER INFORMATION CONTACT: A.L. Craig, Office of Privacy
Management, telephone<PHONE_NUMBER>, or fax<PHONE_NUMBER>, for questions
on these documents.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    This notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. chapter 35, as amended. An ICR is an application to
OIRA seeking the approval, extension, or renewal of a Coast Guard
collection of information (Collection). The ICR contains information
describing the Collection's purpose, the Collection's likely burden on
the affected public, an explanation of the necessity of the Collection,
and other important information describing the Collection. There is one
ICR for each Collection.
    The Coast Guard invites comments on whether this ICR should be
granted based on the Collection being necessary for the proper
performance of Departmental functions. In particular, the Coast Guard
would appreciate comments addressing: (1) The practical utility of the
Collection; (2) the accuracy of the estimated burden of the Collection;
(3) ways to enhance the quality, utility, and clarity of information
subject to the Collection; and (4) ways to minimize the burden of the
Collection on respondents, including the use of automated collection
techniques or other forms of information technology. Consistent with
the requirements of Executive Order 13771, Reducing Regulation and
Controlling Regulatory Costs, and Executive Order 13777, Enforcing the
Regulatory Reform Agenda, the Coast Guard is also requesting comments
on the extent to which this request for information could be modified
to reduce the burden on respondents. These comments will help OIRA
determine whether to approve the ICR referred to in this Notice.
    We encourage you to respond to this request by submitting comments
and related materials. Comments to Coast Guard or OIRA must contain the
OMB Control Number of the ICR. They must also contain the docket number
of this request, [USCG-2020-0617], and must be received by January 13,
2021.

Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at https://www.regulations.gov and
can be viewed by following that website's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted.
    We accept anonymous comments. All comments to the Coast Guard will
be posted without change to https://www.regulations.gov and will
include any personal information you have provided. For more about
privacy and submissions to the Coast Guard in response to this
document, see DHS's eRulemaking System of Records notice (85 FR 14226,
March 11, 2020). For more about privacy and submissions to OIRA in
response to this document, see the https://www.reginfo.gov, comment-
submission web page. OIRA posts its decisions on ICRs online at https://www.reginfo.gov/public/do/PRAMain after the comment period for each
ICR. An OMB Notice of Action on each ICR will become available via a
hyperlink in the OMB Control Number: 1625-0030.

Previous Request for Comments

    This request provides a 30-day comment period required by OIRA. The
Coast Guard published the 60-day notice (85 FR 62315, October 2, 2020)
required by 44 U.S.C. 3506(c)(2). We received one unrelated comment in
response to our 60 day notice. The commenter submitted an advertisement
which is unrelated to this collection of information for oil and
hazardous materials transfer procedures. No changes have been made to
the information collection request. Accordingly, no changes have been
made to the Collection.

Information Collection Request

    Title: Oil and Hazardous Materials Transfer Procedures.
    OMB Control Number: 1625-0030.
    Summary: Vessels with a capacity of 250 barrels or more of oil or
hazardous materials must develop and maintain transfer procedures.
Transfer procedures provide basic safety information for operating
transfer systems with the goal of pollution prevention.
    Need: Title 46 U.S.C. 70034 authorizes the Coast Guard to prescribe
regulations related to the prevention of pollution. Title 33 CFR part
155 prescribes pollution prevention regulations including those related
to transfer procedures.
    Forms: Not applicable.
    Respondents: Operators of certain vessels.
    Frequency: On occasion.
    Hour Burden Estimate: The estimated burden has increased from 149
hours to 151 hours a year due to an increase in the estimated annual
number of responses.

    Authority:  The Paperwork Reduction Act of 1995; 44 U.S.C.
chapter 35, as amended.

    Dated: December 8, 2020.
Kathleen Claffie,
Chief, Office of Privacy Management, U.S. Coast Guard.
[FR Doc. 2020-27420 Filed 12-11-20; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: December 13, 2007 (Volume 72, Number 239)]
[Notices]
[Page 70834-70835]
[DOCID:fr13de07-47]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2007-0049; FRL-8505-8]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; NSPS for Hospital/Medical/
Infectious Waste Incinerators (Renewal); EPA ICR Number 1730.06, OMB
Control Number 2060-0363

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. The ICR which is abstracted below describes the
nature of the collection and the estimated burden and cost.

DATES: Additional comments may be submitted on or before January 14,
2008.

ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-
OECA-2007-0049, to (1) EPA online using http://www.regulations.gov (our preferred method), or by e-mail to<EMAIL_ADDRESS>or by mail to:

EPA Docket Center (EPA/DC), Environmental Protection Agency,
Enforcement and Compliance Docket and Information Center, mail code
2201T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, and (2) OMB
at: Office of Information and Regulatory Affairs, Office of Management
and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street,
NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Learia Williams, Compliance Assessment
and Media Programs Division, Office of Compliance, Mail Code 2223A,
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number:
(202) 564-0050; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On March 9, 2007 (72 FR 10735), EPA sought comments on this
ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any
additional comments on this ICR should be submitted to EPA and OMB
within 30 days of this notice.
    EPA has established a public docket for this ICR under docket ID
number EPA-HQ-OECA-2007-0049, which is available for public viewing
online at http://www.regulations.gov, or in person viewing at the

Enforcement and Compliance Docket and Information Center in the EPA
Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue,
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 Enforcement and Compliance Docket is
(202) 566-1752.
    Use EPA's electronic docket and comment system at http://www.regulations.gov
, to submit or view public comments, access the

index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov, as EPA

receives them and without change, unless the comment contains
copyrighted material, Confidential Business Information (CBI), or other
information whose public disclosure is

restricted by statute. For further information about the electronic
docket, go to http://www.regulations.gov.

    Title: NSPS for Hospital/Medical/Infectious Waste Incinerators (40
CFR part 60, subpart Ec).
    ICR Numbers: EPA ICR Number 1730.06, OMB Control Number 2060-0363.
    ICR Status: This ICR is scheduled to expire on December 31, 2007.
Under OMB regulations, the Agency may continue to conduct or sponsor
the collection of information while this submission is pending at OMB.
An Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, and displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
    Abstract: The New Source Performance Standards (NSPS) for Hospital/
Medical/ Infectious Waste Incinerators (HMIWI), 40 CFR part 60, subpart
Ec, were promulgated on September 15, 1997. These standards apply to
HMIWIs for which construction commenced after June 20, 1996, or for
which modification commenced after the effective date of the NSPS.
Notification reports are required upon the construction,
reconstruction, or modification of an HMIWI. Also, required are one-
time-only reports of initial performance test data and continuous
measurements of site-specific operating parameters. Annual compliance
reports are required on a variety of site-specific operating
parameters, including exceedance of applicable limits. Semiannual
compliance reports of emission rates or operating parameter data that
were not obtained when exceedances of applicable limits occurred.
Affected entities must retain reports and records for two years under
40 CFR part 60, subpart Ec and 40 CFR part 60, subpart A--General
Provisions.
    Co-fired combustors and incinerators burning only pathological,
low-level radioactive, and/or chemotherapeutic waste are required to
submit notification reports of an exemption claim, and an estimate of
the relative amounts of waste and fuels to be combusted. These co-fired
combustors and incinerators are also required to maintain records on a
calendar quarter basis, of the weight of hospital waste combusted, the
weight of medical/infectious waste combusted, and the weight of all
other fuels and waste combusted.
    All reports required under NSPS and the General Provisions are
submitted to the respondent's state, tribal, or a local agency,
whichever has been delegated enforcement authority by the EPA. The
information is used by the EPA solely to determine that all sources
subject to the NSPS are in compliance, and that the control system
installed to comply with the standards is being properly operated and
maintained. Based on reported information, EPA can decide which
facilities should be inspected and what records or processes should be
inspected at the facilities. The records that the owner/operators
maintain would indicate to EPA whether facility personnel are operating
and maintaining control equipment properly. 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 notification, reports, and records are essential in
determining compliance and are required of all sources subject to NSPS.
    Any owner or operator subject to the provisions of this part shall
maintain a file of these measurements, and retain the file for at least
two years following the date of such measurements, maintenance reports,
and records. All reports are sent to the delegated state or local
authority. In the event that there is no such delegated authority, the
reports are sent directly to the EPA regional office. This information
is being collected to assure compliance with 40 CFR part 60, subpart
Ec, as authorized in section 112 and 114(a) of the Clean Air Act. The
required information consists of emissions data and other information
that have been determined to be private.
    An Agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB Control Number. The OMB Control Number for EPA's
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15, and are
identified on the form and/or instrument, if applicable.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 195
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 which have subsequently changed; 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.
    Respondents/Affected Entities: Facilities burning hospital waste
and/or medical infectious waste.
    Estimated Number of Respondents: 9.
    Frequency of Response: Initially, annually and semiannually.
    Estimated Total Annual Hour Burden: 6,617.
    Estimated Total Annual Cost: $683,312, which includes $2,000
annualized Capital Startup costs, $25,000 annualized Operating and
Maintenance (O&M) costs, and $656,312 annualized Labor costs.
    Changes in the Estimates: There is an increase in the total
estimated burden as currently identified in the OMB Inventory of
Approved Burdens; however, there have been no program changes.
    The industry is experiencing some growth; therefore, there is an
increase in the number of new sources. In addition, the revised hourly
rate has been updated (increased) and calculation errors in the
previous ICR were corrected.
    There is also an increase in the capital/startup and operations and
maintenance (O&M) cost which is due to the increase in the number of
new sources.

    Dated: December 6, 2007.
Sara Hisel-McCoy,
Director, Collection Strategies Division.
 [FR Doc. E7-24158 Filed 12-12-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: December 15, 2005 (Volume 70, Number 240)]
[Notices]
[Page 74311]
[DOCID:fr15de05-60]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP00-426-026]

Texas Gas Transmission, LLC; Notice of Compliance Filing

December 7, 2005.
    Take notice that on November 30, 2005, Texas Gas Transmission, LLC
(Texas Gas), tendered for filing as part of its FERC Gas Tariff, Second
Revised Volume No. 1, the following tariff sheets, to become effective
December 1, 2005:

First Revised Sheet No. 55
Original Sheet No. 55A
Sixth Revised Sheet No. 56

    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing will be considered by the
Commission in determining the appropriate action to be taken, but will
not serve to make protestants parties to the proceeding. Such protests
must be filed in accordance with the provisions of Section 154.210 of
the Commission's regulations (18 CFR 154.210). Anyone filing a protest
must serve a copy of that document on all the parties to the
proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons

unable to file electronically should submit an original and 14 copies
of the protest to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
 [FR Doc. E5-7357 Filed 12-14-05; 8:45 am]

BILLING CODE 6717-01-P