[Federal Register Volume 88, Number 97 (Friday, May 19, 2023)]
[Notices]
[Pages 32214-32215]
[FR Doc No: 2023-10755]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas & Oil Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP23-769-000.
    Applicants: North Baja Pipeline, LLC.
    Description: Sec.  4(d) Rate Filing: NBX Project--Sempra Negotiated
Rate/Non Conforming Agmt 125154 to be effective 6/1/2023.
    Filed Date: 5/12/23.

    Accession Number: 20230512-5170.
    Comment Date: 5 p.m. ET 5/24/23.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: May 15, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-10755 Filed 5-18-23; 8:45 am]
BILLING CODE 6717-01-P


Included in 4E

D.  Develop record system
                                      N/A

E.  Time to enter and transmit    information:

  i.  Records of startup, shutdown, or malfunction
                                       1
                                       1
                                       1
                                       1
                                       3
                                       3
                                       3
                                     0.15
                                      0.3
                                    278.14
Table B.3 Model Refinery  -  40 CFR Part 60, Subpart K Supporting Statement Analysis (Cont.) [1]

                                  Burden item
                                      (A)
                                      (B)
                                      (C)
                                      (D)
                                      (E)
                                      (F)
                                      (G)
                                      (H)
                                      (I)
                                      (J)

        Person-hours per occurrence for SFI (from supporting statement)
    No. of occurrences per respondent per year (from supporting statement)
       Person-hours per respondent per year (from supporting statement)
           Person-hours per occurrence applicable to Model Refinery
              No. of occurrences for the Model Refinery per year
                 Person-hours for the Model Refinery per year
                            Technical Hours
(hr/yr)
                           Managerial Hours
(hr/yr)
                            Clerical Hours
(hr/yr)
  Total Cost ($)
Technical $83.01/hr
Managerial $121.38/hr
Clerical $36.35/hr

                                    (C=AxB)

                                     (G=F)
                                  (H=G*0.05)
                                  (I=G*0.10)

  ii.  Record petroleum liquid           stored
                                      0.5
                                       1
                                      0.5
                                      0.5
                                       3
                                      1.5
                                      1.5
                                     0.075
                                     0.15
                                    139.07
  iii.  Record of storage                    performance tests
                                      0.5
                                       1
                                      0.5
                                      0.5
                                       3
                                      1.5
                                      1.5
                                     0.075
                                     0.15
                                    139.07
  iv.  Record true vapor pressure of liquid stored
                                       1
                                       1
                                       1
                                       1
                                       3
                                       3
                                       3
                                     0.15
                                      0.3
                                    278.14
F.  Time to train personnel
                                      N/A

G. Time for audits
                                      N/A

TOTAL with Paper Reporting Paper
                                       0
TOTAL with Electronic Reporting
                                       0
TOTAL Record Keeping (Sum of Items under 5.E)
                                      834
[1] The referenced supporting statement contains several footnotes associated with the original burden estimate. Please refer to the original supporting statement, included in the rulemaking docket.

Table B.4 Model Refinery  -  40 CFR Part 60, Subpart Ka Supporting Statement Analysis [1]

                                  Burden item
                                      (A)
                                      (B)
                                      (C)
                                      (D)
                                      (E)
                                      (F)
                                      (G)
                                      (H)
                                      (I)

        Person-hours per occurrence for SFI (from supporting statement)
    No. of occurrences per respondent per year (from supporting statement)
           Person-hours per occurrence applicable to Model Refinery
              No. of occurrences for the Model Refinery per year
                 Person-hours for the Model Refinery per year
                            Technical Hours
(hr/yr)
                           Managerial Hours
(hr/yr)
                            Clerical Hours
(hr/yr)
  Total Cost ($)
Technical $83.01/hr
Managerial $121.38/hr
Clerical $36.35/hr

                                     (F=E)
                                  (G=F*0.05)
                                  (H=F*0.10)

1. Applications
                                      N/A

2. Surveys and Studies
                                      N/A

3. Reporting Requirements

A. Read Instruction
                                Included in 3B.

B. Required Activities

Vapor recovery information
                                      20
                                       1
                                      20
                                    0[[2]]
                                       0
                                       0
                                       0
                                       0
                                       0
Measure seal gap
                                Included in 4E.

C. Create Information
                                Included in 3B.

D. Gather Existing  Information
                                       1
                                       1
                                       1
                                       1
                                       1
                                       1
                                     0.05
                                      0.1
                                     92.71
E. Write Report

Notification of construction
                                       2
                                       1
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
Notification of actual startup
                                       2
                                       1
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
  Notification of gap measurement
                                      1.5
                                       1
                                      1.5
                                    4[[3]]
                                       6
                                       6
                                      0.3
                                      0.6
                                    556.28
Report of seal gap excess
                                      2.5
                                     0.03
                                      2.5
                                   0.4[[4]]
                                       1
                                       1
                                     0.05
                                      0.1
                                     92.71
Information on vapor recovery
                                Included in 3B.

4. Recordkeeping Requirements

A. Read Instructions
                                Included in 3B.

B. Plan Activities
                                Included in 3B

C. Implement Activities
                                Included in 3B

D. Develop Record
                                      N/A

E. Time to Enter

New tank seal gap measurements
                                      250
                                       1
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
Secondary seal gap
                                   250[[5]]
                                       1
                                       5
                                       4
                                      20
                                      20
                                       1
                                       2
                                   1,854.28

Table B.4 Model Refinery  -  40 CFR Part 60, Subpart Ka Supporting Statement Analysis (Cont.) [1]

                                  Burden item
                                      (A)
                                      (B)
                                      (C)
                                      (D)
                                      (E)
                                      (F)
                                      (G)
                                      (H)
                                      (I)

        Person-hours per occurrence for SFI (from supporting statement)
    No. of occurrences per respondent per year (from supporting statement)
           Person-hours per occurrence applicable to Model Refinery
              No. of occurrences for the Model Refinery per year
                 Person-hours for the Model Refinery per year
                            Technical Hours
(hr/yr)
                           Managerial Hours
(hr/yr)
                            Clerical Hours
(hr/yr)
  Total Cost ($)
Technical $83.01/hr
Managerial $121.38/hr
Clerical $36.35/hr

                                     (F=E)
                                  (G=F*0.05)
                                  (H=F*0.10)

Primary seal gap measurements
                                    20[[5]]
                                      0.2
                                       2
                                   0.8[[3]]
                                      1.6
                                      1.6
                                     0.08
                                     0.16
                                    148.34
Fill/refill record
                                  2[[][6][]]
                                       1
                                      0.2
                                       3
                                      0.6
                                      0.6
                                     0.03
                                     0.06
                                     55.63
TOTAL with Paper Reporting Paper (Sum  3.B, 3.C, 3.D, 3.E)
                                      742
TOTAL with Electronic Reporting (Item 3.D)
                                      93
TOTAL Record Keeping (Sum of Items under 4.E)
                                     2,058
[1] The referenced supporting statement contains several footnotes associated with the original burden estimate. Please refer to the original supporting statement, included in the rulemaking docket.
[2] Vapor recovery is not used on any storage tanks in the model refinery.
[3] The seal gap measurements apply only to the 4 external floating roofs (EFRs); therefore, 4 occurrences per year for the annual requirement and 0.8 for the 5 year requirement.
[4] Assumed the same non-compliance rate (1/9) as in the Subpart CC supporting statement.
[5] The 250 hours in the SFI is 5 hours per tank and 50 tanks per facility.  The 20 hours in the SFT represents 2 hours per tank for 20% of the tanks at the facility (50 tanks) for a total of 20 hours.  The 5 and 2 hour/tank burden estimates were used for the model refinery estimate.
[6] The SFI used an estimate of 0.2 hours per tank for the fill or refill record, or a total of 2 hours for 20% of the tanks.  The model refinery has a total of 15 tanks subject to subpart Ka or 3 tanks requiring fill/refill records.

Table B.5 Model Refinery  -  40 CFR Part 60, Subpart Kb Supporting Statement Analysis [1]
                                  Burden item
                                      (A)
                                      (B)
                                      (C)
                                      (D)
                                      (E)
                                      (F)
                                      (G)
                                      (H)
                                      (I)

        Person-hours per occurrence for SFI (from supporting statement)
    No. of occurrences per respondent per year (from supporting statement)
           Person-hours per occurrence applicable to Model Refinery
              No. of occurrences for the Model Refinery per year
                 Person-hours for the Model Refinery per year
                            Technical Hours
(hr/yr)
                           Managerial Hours
(hr/yr)
                            Clerical Hours
(hr/yr)
  Total Cost ($)
Technical $83.01/hr
Managerial $121.38/hr
Clerical $36.35/hr

                                     (F=E)
                                  (G=F*0.05)
                                  (H=F*0.10)

1. Applications
                                      N/A

2. Surveys and Studies
                                      N/A

3. Reporting Requirements

A. Read Instruction
                                       1
                                       1
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
B. Required Activities

One-Time Only Requirements
                                       2
                                       1
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
Notification of Start of Construction

Notification of Actual Startup
                                       2
                                       1
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
Notification of Physical or Operational Changes
                                      N/A

Notification of Malfunction
                                      N/A

Notification of Initial                     Inspection

IFR Internal Inspection
                                       2
                                       1
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
EFR Gap Measurement
                                       2
                                       1
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
    Initial Inspection Report

IFR Internal Inspection Report
                                      12
                                       1
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
EFR 2nd Seal Gap Measurement
                                       8
                                       1
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
EFR 1st Seal Gap Measurement
                                      12
                                       1
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
CVS Operating Plan Report
                                       8
                                       1
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0

Table B.5 Model Refinery  -  40 CFR Part 60, Subpart Kb Supporting Statement Analysis (Cont.) [1]
                                  Burden item
                                      (A)
                                      (B)
                                      (C)
                                      (D)
                                      (E)
                                      (F)
                                      (G)
                                      (H)
                                      (I)

        Person-hours per occurrence for SFI (from supporting statement)
    No. of occurrences per respondent per year (from supporting statement)
           Person-hours per occurrence applicable to Model Refinery
              No. of occurrences for the Model Refinery per year
                 Person-hours for the Model Refinery per year
                            Technical Hours
(hr/yr)
                           Managerial Hours
(hr/yr)
                            Clerical Hours
(hr/yr)
  Total Cost ($)
Technical $83.01/hr
Managerial $121.38/hr
Clerical $36.35/hr

                                     (F=E)
                                  (G=F*0.05)
                                  (H=F*0.10)

Repeat Requirements

Internal IFR Inspection
                                      12
                                       1
                                      12
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
Visual IFR Inspection
                                       8
                                       1
                                       8
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
Report of IFR Failure
                                       2
                                       1
                                       2
                                    0[[2]]
                                       0
                                       0
                                       0
                                       0
                                       0
    Notification of Delay of Repair or Emptying for IFR
                                       4
                                       1
                                       4
                                  0[[][2][]]
                                       0
                                       0
                                       0
                                       0
                                       0
EFR 2nd Seal Gap Measure Report
                                       8
                                       1
                                       8
                                  22[[][3][]]
                                      176
                                      176
                                      8.8
                                     17.6
                                   16,317.66
EFR 1st Seal Gap Measure Report
                                      12
                                       1
                                      12
                                 4.4[[][4][]]
                                     52.8
                                     52.8
                                     2.64
                                     5.28
                                   4,895.30
Notification of Refill
                                       2
                                       1
                                       2
                                 4.4[[][4][]]
                                      8.8
                                      8.8
                                     0.44
                                     0.88
                                    815.88
       Number of Responses

 4.RECORDKEEPING REQUIREMENTS

 A.. Read Instructions
                                       1
                                       1
                                       1
                                       1
                                       1
                                       1
                                     0.05
                                      0.1
                                     92.71
 B. Gather and Record Information

   i.  Vessel Volumes, Liquid Vapor Pressure, flares
                                       8
                                       1
                                       8
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
    ii.  113b(a) inspection
                                      12
                                       1
                                      12
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
   iii. 113b(b) gap measurement for Secondary Seal
                                      12
                                       1
                                       5
                                  22[[][2][]]
                                      110
                                      110
                                      5.5
                                      11
                                   10,198.54
   iii. 113b(b) gap measurement for Primary Seal

                                       5
                                 4.4[[][4][]]
                                      22
                                      22
                                      1.1
                                      2.2
                                   2,039.71
C. Develop Record System
                                      10
                                       1
                                       0
                                       0
                                       0

D. Time to Enter Information - CVS Parameter Records
                                       2
                                      52
                                       2
                                  0[[][5][]]
                                       0
                                       0
                                       0
                                       0
                                       0
Table B.5 Model Refinery  -  40 CFR Part 60, Subpart Kb Supporting Statement Analysis (Cont.) [1]
                                  Burden item
                                      (A)
                                      (B)
                                      (C)
                                      (D)
                                      (E)
                                      (F)
                                      (G)
                                      (H)
                                      (I)

        Person-hours per occurrence for SFI (from supporting statement)
    No. of occurrences per respondent per year (from supporting statement)
           Person-hours per occurrence applicable to Model Refinery
              No. of occurrences for the Model Refinery per year
                 Person-hours for the Model Refinery per year
                            Technical Hours
(hr/yr)
                           Managerial Hours
(hr/yr)
                            Clerical Hours
(hr/yr)
  Total Cost ($)
Technical $83.01/hr
Managerial $121.38/hr
Clerical $36.35/hr

                                     (F=E)
                                  (G=F*0.05)
                                  (H=F*0.10)

F. Train Personnel
                                      N/A

G. Audits
                                      N/A

TOTAL with Paper Reporting Paper (Sum of Items 1 through 3)
                                    22,029
TOTAL with Electronic Reporting
                                       0
TOTAL Record Keeping (Sum of Items under 4.A and 4.B)
                                    12,331
[1] The referenced supporting statement contains several footnotes associated with the original burden estimate. Please refer to the original supporting statement, included in the rulemaking docket.
[2] The model refinery does not have any IFR tanks subject to subpart Kb.
[3] 22 external floating roof (EFR) tanks subject to Part 60, Subpart Kb. The SFI assumed 12 hours for an average of 2.5 EFR tanks, or about 5 hours per EFR.
[4] This measurement occurs only once every 5 years, so the number should be 1/5 of the number of occurrences for the secondary seal measurements.
[5] Requirement is for closed vent system and control device. Model refinery does not use closed vent system and control to comply with subpart Kb.

Table B.6 Model Refinery  -  40 CFR Part 60, Subpart G Supporting Statement Analysis [[1][,2][]]
                                  Burden item
                                      (A)
                                      (B)
                                      (C)
                                      (D)
                                      (E)
                                      (F)
                                      (G)
                                      (H)
                                      (I)

        Person-hours per occurrence for SFI (from supporting statement)
    No. of occurrences per respondent per year (from supporting statement)
           Person-hours per occurrence applicable to Model Refinery
              No. of occurrences for the Model Refinery per year
                 Person-hours for the Model Refinery per year
                            Technical Hours
(hr/yr)
                           Managerial Hours
(hr/yr)
                            Clerical Hours
(hr/yr)
  Total Cost ($)
Technical $83.01/hr
Managerial $121.38/hr
Clerical $36.35/hr

                                     (F=E)
                                  (G=F*0.05)
                                  (H=F*0.10)

1. Applications
                                      N/A

2. Surveys and Studies
                                      N/A

3. Reporting Requirements

A. Read Instruction
                                       1
                                       1
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
B. Required Activities

One-Time Only Requirements
                                       2
                                       1
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
Notification of Start of Construction

Notification of Actual Startup
                                       2
                                       1
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
Notification of Physical or Operational Changes
                                      N/A

Notification of Malfunction
                                      N/A

Notification of Initial Inspection

IFR Internal Inspection
                                       2
                                       1
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
EFR Gap Measurement
                                       2
                                       1
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
    Initial Inspection Report

IFR Internal Inspection Report
                                      12
                                       1
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
EFR 2nd Seal Gap Measurement
                                       8
                                       1
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
EFR 1st Seal Gap Measurement
                                      12
                                       1
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
CVS Operating Plan Report
                                       8
                                       1
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
Repeat Requirements

    Internal IFR Inspection
                                      12
                                       1
                                      12
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
    Visual IFR Inspection
                                       8
                                       1
                                       8
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
    Report of IFR Failure
                                       2
                                       1
                                       2
                                    0[[3]]
                                       0
                                       0
                                       0
                                       0
                                       0

Table B.6 Model Refinery  -  40 CFR Part 60, Subpart G Supporting Statement Analysis (Cont.) [[1][,2][]]
                                  Burden item
                                      (A)
                                      (B)
                                      (C)
                                      (D)
                                      (E)
                                      (F)
                                      (G)
                                      (H)
                                      (I)

        Person-hours per occurrence for SFI (from supporting statement)
    No. of occurrences per respondent per year (from supporting statement)
           Person-hours per occurrence applicable to Model Refinery
              No. of occurrences for the Model Refinery per year
                 Person-hours for the Model Refinery per year
                            Technical Hours
(hr/yr)
                           Managerial Hours
(hr/yr)
                            Clerical Hours
(hr/yr)
  Total Cost ($)
Technical $83.01/hr
Managerial $121.38/hr
Clerical $36.35/hr

                                     (F=E)
                                  (G=F*0.05)
                                  (H=F*0.10)

    Notification of Delay of Repair or Emptying for IFR
                                       4
                                       1
                                       4
                                  0[[][3][]]
                                       0
                                       0
                                       0
                                       0
                                       0
EFR 2nd Seal Gap Measure Report
                                       8
                                       1
                                       8
                                  8[[][4][]]
                                      64
                                      64
                                      3.2
                                      6.4
                                   5,933.70
EFR 1st Seal Gap Measure Report
                                      12
                                       1
                                      12
                                 1.6[[][4][]]
                                     19.2
                                     19.2
                                     0.96
                                     1.92
                                   1,780.11
Notification of Refill
                                       2
                                       1
                                       2
                                 1.6[[][4][]]
                                      3.2
                                      3.2
                                     0.16
                                     0.32
                                    296.68
       Number of Responses

 4.RECORDKEEPING REQUIREMENTS

 A.. Read Instructions
                                       1
                                       1
                                       1
                                       1
                                       1
                                       1
                                     0.05
                                      0.1
                                     92.71
 B. Gather and Record Information

i.  Vessel Volumes, Liquid Vapor Pressure, flares
                                       8
                                       1
                                       8
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
 ii.  113b(a) inspection
                                      12
                                       1
                                      12
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
iii. 113b(b) gap measurement for Secondary Seal
                                      12
                                       1
                                       5
                                  8[[][4][]]
                                      40
                                      40
                                       2
                                       4
                                   3,708.56
iii. 113b(b) gap measurement for Primary Seal

                                       5
                                 1.6[[][4][]]
                                       8
                                       8
                                      0.4
                                      0.8
                                    741.71
C. Develop Record System
                                      10
                                       1
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
D. Time to Enter Information - CVS Parameter Records
                                       2
                                      52
                                       2
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
F. Train Personnel
                                      N/A

G. Audits
                                      N/A

TOTAL with Paper Reporting Paper (Sum of Items 1 through 3)
                                     8,010
TOTAL with Electronic Reporting
                                       0
TOTAL Record Keeping (Sum of Items under 4.A and 4.B)
                                     4,543
[1] Original Subpart G supporting statement was unavailable for the analysis; therefore, Subpart Kb was used to estimate the burden under Subpart G.
[2] The referenced supporting statement contains several footnotes associated with the original burden estimate. Please refer to the original supporting statement, included in the rulemaking docket.
[3] The model refinery has no IFR tanks subject to subpart G or CC.
[4] 8 EFR's are subject to Subpart CC/Subpart G - one gap measurement per year equates to 8 occurrences; one measurement every 5 years equates to 1.6 occurrences.
Table B.7 Model Refinery  -  40 CFR Part 60, Subpart VV Supporting Statement Analysis [[1][,2][]]
                                 Burden item
                                      (A)
                                      (B)
                                      (C)
                                      (D)
                                      (E)
                                      (F)
                                      (G)
                                      (H)
                                      (I)

        Person-hours per occurrence for SFI (from supporting statement)
    No. of occurrences per respondent per year (from supporting statement)
           Person-hours per occurrence applicable to Model Refinery
              No. of occurrences for the Model Refinery per year
                 Person-hours for the Model Refinery per year
                            Technical Hours
(hr/yr)
                           Managerial Hours
(hr/yr)
                            Clerical Hours
(hr/yr)
  Total Cost ($)
Technical $83.01/hr
Managerial $121.38/hr
Clerical $36.35/hr

                                     (F=E)
                                  (G=F*0.05)
                                  (H=F*0.10)

1. Applications
                                      N/A

2. Survey and Studies
                                      N/A

3. Reporting Requirements

A. Read Instructions
                                       1
                                       1
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                      0
B. Required Activities
                                      48
                                       1
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                      0
Initial Performance Test Report

Repeat Performance Test Report
                                      48
                                       1
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                      0
C. Create Information
                                Included in 3B

D. Gather Existing Information
                                Included in 3E

E. Write Report
                                       2
                                       1
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                      0
New Sources

Notification of Construction

     Notification of Reconstruction/ Modification
                                       2
                                       1
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                      0
     Notification of Actual Startup
                                       2
                                       1
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                      0
     Notification of Initial/Repeat Performance Test
                                       2
                                       1
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                      0
     Existing Sources Semiannual Report
                                       4
                                       2
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                      0
4. Recordkeeping Requirements

A. Read Instructions
                                Included in 3A

B. Plan Activities
                                Included in 4C

C. Implement Activities
                                Included in 3B

D. Develop Record System
                                      N/A

E. Time to Enter Information

Records of Operating Parameters
                                      80
                                       1
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                      0
Table B.7 Model Refinery  -  40 CFR Part 60, Subpart VV Supporting Statement Analysis (Cont.) [[1][,2][]]
                                 Burden item
                                      (A)
                                      (B)
                                      (C)
                                      (D)
                                      (E)
                                      (F)
                                      (G)
                                      (H)
                                      (I)

        Person-hours per occurrence for SFI (from supporting statement)
    No. of occurrences per respondent per year (from supporting statement)
           Person-hours per occurrence applicable to Model Refinery
              No. of occurrences for the Model Refinery per year
                 Person-hours for the Model Refinery per year
                            Technical Hours
(hr/yr)
                           Managerial Hours
(hr/yr)
                            Clerical Hours
(hr/yr)
  Total Cost ($)
Technical $83.01/hr
Managerial $121.38/hr
Clerical $36.35/hr

                                     (F=E)
                                  (G=F*0.05)
                                  (H=F*0.10)

F. Train personnel
                                      N/A

G. Audits
                                      N/A

TOTAL with Paper Reporting Paper
                                      0
TOTAL with Electronic Reporting
                                      0
TOTAL Record Keeping
                                      0
[1] The referenced supporting statement contains several footnotes associated with the original burden estimate. Please refer to the original supporting statement, included in the rulemaking docket.
[2] All record keeping and reporting burden for Subpart VV is accounted for under Subpart CC.

Table B.8 Model Refinery  -  40 CFR Part 61, Subpart V Supporting Statement Analysis [[1][,2][]]
                                 Burden item
                                      (A)
                                      (B)
                                      (C)
                                      (D)
                                      (E)
                                      (F)
                                      (G)
                                      (H)
                                      (I)

        Person-hours per occurrence for SFI (from supporting statement)
    No. of occurrences per respondent per year (from supporting statement)
           Person-hours per occurrence applicable to Model Refinery
              No. of occurrences for the Model Refinery per year
                 Person-hours for the Model Refinery per year
                            Technical Hours
(hr/yr)
                           Managerial Hours
(hr/yr)
                            Clerical Hours
(hr/yr)
  Total Cost ($)
Technical $83.01/hr
Managerial $121.38/hr
Clerical $36.35/hr

                                     (F=E)
                                  (G=F*0.05)
                                  (H=F*0.10)

1. Applications
                                      N/A

2. Survey and Studies
                                      N/A

3. Reporting Requirements

A. Read Instructions
                                       1
                                       1
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
B. Required Activities
                                      20
                                       1
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
Initial Performance Test

Reference Method 21/22 Tests
                                       4
                                       1
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
Repeat Performance Test
                                      20
                                      0.2
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
C. Create Information
                                    See 3B

D. Gather Existing Information
                                    See 3B

E. Write Report
                                       2
                                       1
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
Notification of Construction/
Reconstruction

Notification of Anticipated Startup
                                       2
                                       1
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
Notification of Actual Startup
                                       2
                                       1
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
Notification of Initial Performance Test
                                       2
                                       1
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
Report of Performance Test
                                    See 3B

Application for Alternative
                                      10
                                       1

Initial Report
                                       8
                                       1
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
  Semiannual Report
                                      30
                                       2
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
4. Recordkeeping Requirements

A. Read Instructions
                                    See 3A

B. Plan Activities
                                    See 4C

C. Implement Activities
                                    See 3B

Table B.8 Model Refinery  -  40 CFR Part 61, Subpart V Supporting Statement Analysis (Cont.) [[1][,2][]]
                                 Burden item
                                      (A)
                                      (B)
                                      (C)
                                      (D)
                                      (E)
                                      (F)
                                      (G)
                                      (H)
                                      (I)

        Person-hours per occurrence for SFI (from supporting statement)
    No. of occurrences per respondent per year (from supporting statement)
           Person-hours per occurrence applicable to Model Refinery
              No. of occurrences for the Model Refinery per year
                 Person-hours for the Model Refinery per year
                            Technical Hours
(hr/yr)
                           Managerial Hours
(hr/yr)
                            Clerical Hours
(hr/yr)
  Total Cost ($)
Technical $83.01/hr
Managerial $121.38/hr
Clerical $36.35/hr

                                     (F=E)
                                  (G=F*0.05)
                                  (H=F*0.10)

D. Develop Record System
                                      N/A

E. Time to Enter Information
                                      1.5
                                       1
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
Records of startups, shutdown, malfunction, etc.

Records of operating, parameters and emissions
                                      0.1
                                      365
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
Records of leak detected
                                      0.4
                                      52
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
F. Train personnel
                                      N/A

G. Audits
                                      N/A

TOTAL with Paper Reporting Paper
                                       0
TOTAL with Electronic Reporting
                                       0
TOTAL Record Keeping
                                       0
[1] The referenced supporting statement contains several footnotes associated with the original burden estimate. Please refer to the original supporting statement, included in the rulemaking docket.
[2] Pursuant to Subpart CC, since the model refinery is subject to CC and an Equipment Leak rule in Part 60 or Part 61, the facility only complies with Subpart CC. All model process units subject to Subpart V are also subject to Subpart CC; therefore, the values for the Subpart V analysis are zero.

Table B.9 Model Refinery  -  40 CFR Part 61, Subpart GGG Supporting Statement Analysis [[1][,2][]]
                                 Burden item
                                      (A)
                                      (B)
                                      (C)
                                      (D)
                                      (E)
                                      (F)
                                      (G)
                                      (H)
                                      (I)
                                      (J)

        Person-hours per occurrence for SFI (from supporting statement)
    No. of occurrences per respondent per year (from supporting statement)
       Person-hours per respondent per year (from supporting statement)
           Person-hours per occurrence applicable to Model Refinery
              No. of occurrences for the Model Refinery per year
                 Person-hours for the Model Refinery per year
                            Technical Hours
(hr/yr)
                           Managerial Hours
(hr/yr)
                            Clerical Hours
(hr/yr)
  Total Cost ($)
Technical $83.01/hr
Managerial $121.38/hr
Clerical $36.35/hr

                                    (C=AxB)

                                     (G=F)
                                  (H=G*0.05)
                                  (I=G*0.10)

1. APPLICATIONS (Not Applicable)

2. SURVEY AND STUDIES (Not Applicable)

3. REPORT REQUIREMENTS

A. Read Instructions
                                       1
                                       1
                                       1
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
B. Required Activities

Initial performance test
                                      24
                                       1
                                      24
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
Repeat performance test
                                      24
                                       1
                                      24
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
C. Create Information (Included in 3B)

D. Gather Existing Information (Included in 3E)

E. Write Report

Notification of construction or reconstruction
                                       2
                                       1
                                       2
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
Notification of anticipated startup
                                       2
                                       1
                                       2
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
Notification of actual startup
                                       2
                                       1
                                       2
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
Notification of initial performance test
                                       2
                                       1
                                       2
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
Report of performance test (Included in 3B)

Semiannual work practice reports
                                       8
                                       2
                                      16
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
Subtotal for Reports

4. RECORDKEEPING REQUIREMENTS

Table B.9 Model Refinery  -  40 CFR Part 61, Subpart GGG Supporting Statement Analysis (Cont.) [[1][,2][]]
                                 Burden item
                                      (A)
                                      (B)
                                      (C)
                                      (D)
                                      (E)
                                      (F)
                                      (G)
                                      (H)
                                      (I)
                                      (J)

        Person-hours per occurrence for SFI (from supporting statement)
    No. of occurrences per respondent per year (from supporting statement)
       Person-hours per respondent per year (from supporting statement)
           Person-hours per occurrence applicable to Model Refinery
              No. of occurrences for the Model Refinery per year
                 Person-hours for the Model Refinery per year
                            Technical Hours
(hr/yr)
                           Managerial Hours
(hr/yr)
                            Clerical Hours
(hr/yr)
  Total Cost ($)
Technical $83.01/hr
Managerial $121.38/hr
Clerical $36.35/hr

                                    (C=AxB)

                                     (G=F)
                                  (H=G*0.05)
                                  (I=G*0.10)

A. Read Instructions (Included in 3A)

B. Plan Activities (Included in 3B)

C. Implement Activities (Included in 3B)

D. Develop Record System (Not Applicable)

E. Time to Enter Information

Records of operating parameters
                                      0.3
                                      365
                                     109.5
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
F. Train Personnel (Not Applicable)

G. Audits (Not Applicable)

Subtotal for Recordkeeping

5. Total Annual Labor Hours and Cost (rounded)

TOTAL with Paper Reporting Paper
                                       0
TOTAL with Electronic Reporting
                                       0
TOTAL Record Keeping
                                       0
[1] The referenced supporting statement contains several footnotes associated with the original burden estimate. Please refer to the original supporting statement, included in the rulemaking docket.

[2] Burden analysis for Subpart GGG is zero since units at the model refinery are also subject to Subpart VV and are complying with Subpart GGG by complying with Subpart VV. Burden is accounted for in Subpart VV.

Table B.10 Model Refinery  -  40 CFR Part 61, Subpart GGGa Supporting Statement Analysis [[1][,2][]]
                                  Burden item
                                      (A)
                                      (B)
                                      (C)
                                      (D)
                                      (E)
                                      (F)
                                      (G)
                                      (H)
                                      (I)
                                      (J)

        Person-hours per occurrence for SFI (from supporting statement)
    No. of occurrences per respondent per year (from supporting statement)
       Person-hours per respondent per year (from supporting statement)
           Person-hours per occurrence applicable to Model Refinery
              No. of occurrences for the Model Refinery per year
                 Person-hours for the Model Refinery per year
                            Technical Hours
(hr/yr)
                           Managerial Hours
(hr/yr)
                            Clerical Hours
(hr/yr)
  Total Cost ($)
Technical $83.01/hr
Managerial $121.38/hr
Clerical $36.35/hr

                                    (C=AxB)

                                     (G=F)
                                  (H=G*0.05)
                                  (I=G*0.10)

1. APPLICATIONS (Not Applicable)

2. SURVEY AND STUDIES (Not Applicable)

3. REPORT REQUIREMENTS

A. Read Instructions
                                       1
                                       1
                                       1
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
B. Required Activities

                                       0
                                       0
                                       0
                                       0
Initial performance test
                                      24
                                       1
                                      24
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
Repeat performance test
                                      24
                                       1
                                      24
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
C. Create Information (Included in 3B)

D. Gather Existing Information (Included in 3E)

E. Write Report

Notification of construction or reconstruction
                                       2
                                       1
                                       2
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
Notification of anticipated startup
                                       2
                                       1
                                       2
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
Notification of actual startup
                                       2
                                       1
                                       2
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
Notification of initial performance test
                                       2
                                       1
                                       2
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
Report of performance test (Included in 3B)

Semiannual work practice reports
                                       8
                                       2
                                      16
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
Subtotal for Reports

4. RECORDKEEPING REQUIREMENTS

Table B.10 Model Refinery  -  40 CFR Part 61, Subpart GGGa Supporting Statement Analysis (Cont.) [[1][,2][]]
                                  Burden item
                                      (A)
                                      (B)
                                      (C)
                                      (D)
                                      (E)
                                      (F)
                                      (G)
                                      (H)
                                      (I)
                                      (J)

        Person-hours per occurrence for SFI (from supporting statement)
    No. of occurrences per respondent per year (from supporting statement)
       Person-hours per respondent per year (from supporting statement)
           Person-hours per occurrence applicable to Model Refinery
              No. of occurrences for the Model Refinery per year
                 Person-hours for the Model Refinery per year
                            Technical Hours
(hr/yr)
                           Managerial Hours
(hr/yr)
                            Clerical Hours
(hr/yr)
  Total Cost ($)
Technical $83.01/hr
Managerial $121.38/hr
Clerical $36.35/hr

                                    (C=AxB)

                                     (G=F)
                                  (H=G*0.05)
                                  (I=G*0.10)

A. Read Instructions (Included in 3A)

B. Plan Activities (Included in 3B)

C. Implement Activities (Included in 3B)

D. Develop Record System (Not Applicable)

E. Time to Enter Information

Records of operating parameters at large refineries
                                      0.4
                                      365
                                      148
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
Records of operating parameters for small refineries
                                     0.42
                                      365
                                      153
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
F. Train Personnel (Not Applicable)

G. Audits (Not Applicable)

Subtotal for Recordkeeping

5. Total Annual Labor Hours and Cost (rounded)

TOTAL with Paper Reporting Paper
                                       0
TOTAL with Electronic Reporting
                                       0
TOTAL Record Keeping
                                       0
[1] The referenced supporting statement contains several footnotes associated with the original burden estimate. Please refer to the original supporting statement, included in the rulemaking docket.

[2] Burden analysis for Subpart GGG is zero since units at the model refinery are also subject to Subpart VV and are complying with Subpart GGG by complying with Subpart VV. Burden is accounted for in Subpart VV.

Table B.11 Model Refinery  -  40 CFR Part 63, Subpart R Supporting Statement Analysis [[1]]
                                  Burden item
                                      (A)
                                      (B)
                                      (C)
                                      (D)
                                      (E)
                                      (F)
                                      (G)
                                      (H)
                                      (I)
                                      (J)

        Person-hours per occurrence for SFI (from supporting statement)
    No. of occurrences per respondent per year (from supporting statement)
       Person-hours per respondent per year (from supporting statement)
           Person-hours per occurrence applicable to Model Refinery
              No. of occurrences for the Model Refinery per year
                 Person-hours for the Model Refinery per year
                            Technical Hours
(hr/yr)
                           Managerial Hours
(hr/yr)
                            Clerical Hours
(hr/yr)
  Total Cost ($)
Technical $83.01/hr
Managerial $121.38/hr
Clerical $36.35/hr

                                    (C=AxB)

                                     (G=F)
                                  (H=G*0.05)
                                  (I=G*0.10)

1.  APPLICATIONS
                                      N/A
                                      N/A
                                      N/A

2.  SURVEY AND STUDIES
                                      N/A
                                      N/A
                                      N/A

3.  ACQUISITION, INSTALLATION, AND UTILIZATION OF TECHNOLOGY AND SYSTEMS

4. REPORTING REQUIREMENTS

A.  Read Instructions
                                       1
                                       1
                                       1
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
B.  Required Activities

Initial performance test
                                      175
                                       1
                                      175
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
Repeat of performance test
                                      175
                                       1
                                      175
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
Storage tank seal/seal gap inspections tanks certification
                                      16
                                       1
                                      16
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
Annual testing certification of area source compliance status
                                       1
                                       1
                                       1
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
C.  Create Information
      ------------------------Included in 4B----------------------------

D.  Gather Existing Information
      ------------------------Included in 4B----------------------------

E.  Write Report

Notification of applicability
                                       3
                                       1
                                       3
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
Notification of construction/reconstruction/modification
                                       2
                                       1
                                       2
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
Notification of actual startup
                                       2
                                       1
                                       2
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
Notification of performance test
                                       2
                                       1
                                       2
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
Notification of CEMS performance evaluation
                                       2
                                       1
                                       2
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
Notification of area source compliance status
                                       1
                                       1
                                       1
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
Report of performance test
      ------------------------Included in 4B----------------------------


[Federal Register Volume 76, Number 27 (Wednesday, February 9, 2011)]
[Notices]
[Pages 7196-7198]
[FR Doc No: 2011-2855]

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9264-4]

California State Nonroad Engine Pollution Control Standards;
Request for Authorization of Airborne Toxic Control Measure for In-Use
Portable Diesel Engines 50 Horsepower and Greater; Opportunity for
Public Hearing and Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of opportunity for public hearing and comment.

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

SUMMARY: The California Air Resources Board (CARB) has notified EPA
that it has adopted regulations for the control of diesel particulate
matter in the exhaust from in-use portable diesel-fueled compression-
ignition engines 50 horsepower and greater. CARB has requested that EPA
issue a new authorization for the emission standards established by
these regulations. This notice announces that EPA has tentatively
scheduled a public hearing to consider California's In-Use Portable
Diesel Equipment Airborne Toxic Control Measure authorization request
and that EPA is now accepting written comment on the request.

DATES: EPA has tentatively scheduled a public hearing concerning CARB's
request on February 24, 2011, at 9:30 a.m. EST. EPA will hold a hearing
only if any party notifies EPA by February 17, 2011, expressing its
interest in presenting oral testimony. By February 18, 2011, any person
who plans to attend the hearing may call Robert Doyle at (202) 343-
9258, to learn if a hearing will be held or may check the following
webpage for an update: http://www.epa.gov/otaq/cafr.htm.
    Parties wishing to present oral testimony at the public hearing
should provide written notice to Robert Doyle at the e-mail address
noted below. If EPA receives a request for a public hearing, that
hearing will be held at 1310 L Street, NW., Washington, DC 20005.
    If EPA does not receive a request for a public hearing, then EPA
will not hold a hearing, and instead consider CARB's request based on
written submissions to the docket. Any party may submit written
comments until March 24, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2011-0101, by one of the following methods:
     On-Line at http://www.regulations.gov: Follow the On-Line
Instructions for Submitting Comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Air and Radiation Docket, Docket ID No. EPA-HQ-OAR-
2011-0101, U.S. Environmental Protection Agency, Mailcode: 6102T, 1200
Pennsylvania Avenue, NW., Washington, DC 20460. Please include a total
of two copies.
     Hand Delivery: EPA Docket Center, Public Reading Room, EPA
West Building, Room 3334, 1301 Constitution Avenue, NW., Washington, DC
20460. Such deliveries are only accepted during the Docket's normal
hours of operation, and special arrangements

should be made for deliveries of boxed information.
    On-Line Instructions for Submitting Comments: Direct your comments
to Docket ID No. EPA-HQ-OAR-2011-0101. EPA's policy is that all
comments we receive will be included in the public docket without
change and may be made available online at http://www.regulations.gov,
including any personal information provided, unless the comment
includes information claimed to be Confidential Business Information
(CBI) or other information whose disclosure is restricted by statute.
Do not submit information that you consider to be CBI or otherwise
protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an e-mail comment
directly to EPA without going through http://www.regulations.gov, your
e-mail address will automatically be captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
    EPA will make available for public inspection materials submitted
by CARB, written comments received from any interested parties, and any
testimony given at the public hearing. Materials relevant to this
proceeding are contained in the Air and Radiation Docket and
Information Center, maintained in Docket ID No. EPA-HQ-OAR-2011-0101.
Publicly available docket materials are available either electronically
through http://www.regulations.gov or in hard copy at the Air and
Radiation Docket in the EPA Headquarters Library, EPA West Building,
Room 3334, located at 1301 Constitution Avenue, NW., Washington, DC.
The Public Reading Room is open to the public on all Federal government
work days from 8:30 a.m. to 4:30 p.m.; generally, it is open Monday
through Friday, excluding holidays. The telephone number for the
Reading Room is<PHONE_NUMBER>. The Air and Radiation Docket and
Information Center's Web site is http://www.epa.gov/oar/docket.html.
The electronic mail (e-mail) address for the Air and Radiation Docket
is<EMAIL_ADDRESS>the telephone number is<PHONE_NUMBER>, and
the fax number is<PHONE_NUMBER>. An electronic version of the public
docket is available through the Federal government's electronic public
docket and comment system. You may access EPA dockets at http://www.regulations.gov. After opening the http://www.regulations.gov
website, enter EPA-HQ-OAR-2010-XXXX, in the ``Enter Keyword or ID''
fill-in box to view documents in the record. Although a part of the
official docket, the public docket does not include Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute.
    EPA's Office of Transportation and Air Quality also maintains a
webpage that contains general information on its review of California
waiver requests. Included on that page are links to prior waiver and
authorization Federal Register notices; the page can be accessed at
http://www.epa.gov/otaq/cafr.htm.

FOR FURTHER INFORMATION CONTACT: Robert M. Doyle, Attorney-Advisor,
Compliance and Innovative Strategies Division, U.S. Environmental
Protection Agency, 1200 Pennsylvania Avenue (6405J), NW., Washington,
DC 20460. Telephone:<PHONE_NUMBER>. Fax:<PHONE_NUMBER>. E-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. California's ATCM for In-Use Portable Diesel Engines 50 Horsepower
and Greater

    In a letter dated December 5, 2006, CARB submitted to EPA its
request pursuant to section 209 of the Clean Air Act (``CAA'' or ``the
Act''), regarding its regulations to enforce its airborne toxic control
measure (ATCM) for in-use portable diesel-fueled engines 50 brake-
horsepower (hp) and greater (portable engines).\1\ The authorization
request covers four primary substantive requirements: (1) Starting
January 1, 2010, all portable engines in the state must be certified to
meet a Federal or California standard for newly manufactured nonroad
engines, subject to specified exceptions; (2) Starting January 1, 2020,
all portable engines in California must be either (a) certified to meet
Tier 4 emission standards, (b) equipped with a properly functioning
Level-3 verified technology,\2\ or (c) equipped with a combination of
control strategies that have been verified together to achieve at least
an 85% reduction in diesel particulate matter (PM) emissions, subject
to specified exceptions; (3) All portable engines that prior to January
1, 2006 have not been either registered in CARB's Portable Equipment
Registration Program (PERP) or permitted under the permit program of an
air quality management district or air pollution control district must
meet the most stringent of the Federal or California emission standards
for non-road engines at the time the engine is either registered in the
PERP or registered for a permit, subject to specified exceptions; and
(4) Each fleet of portable engines must comply with increasingly more
stringent weighted PM emission fleet averages that apply on three
different deadlines, (January 1, 2013, January 1, 2017 and January 1,
2020), subject to specified exceptions.\3\
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    \1\ Portable engines are engines that may be moved easily from
location to location. The engines are used to power a variety of
equipment, including pumps, ground support equipment at airports,
cranes, oil-well drilling and workover rigs, power generators,
dredging equipment rock crushing and screening equipment, welding
equipment, woodchippers and compressors.
    \2\ Level 3 PM control technology refers to a control technology
that has been verified to achieve PM reductions of at least 85
percent under the CARB ``Verification Procedure, Warranty and In-Use
Compliance Requirements for In-Use Strategies to Control Emissions
from Diesel Engines,'' 13 California Code of Regulations (CCR)
sections 2700-2710.
    \3\ The ATCM contains a fifth substantive requirement that
pertains to the fuels that may be used in in-use portable equipment
engines, but this fuels requirement is not preempted by CAA section
209(e) and does not require an authorization.
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    Owners of in-use equipment will have options available to meet the
CARB requirements. These include: purchasing new equipment with cleaner
engines, repowering existing equipment with cleaner engines, using
verified add-on control devices on existing equipment and engines,
switching to alternative diesel fuels or alternative fuels, or
electrifying some or all of the in-use fleet and receiving emission
credits.

II. Clean Air Act Nonroad Engine and Vehicle Authorizations

    Section 209(e)(1) of the Act permanently preempts any State, or
political subdivision thereof, from adopting or attempting to enforce
any standard or other requirement relating to the control of emissions
for certain new nonroad engines or vehicles.
    Section 209(e)(2) requires the Administrator, after notice and
opportunity for public hearing, to authorize California to enforce
standards and other requirements

relating to the control of emissions from new engines not listed under
section 209(e)(1), if certain criteria are met. EPA has promulgated
regulations implementing these provisions at 40 CFR part 1074. These
regulations set forth the criteria that EPA must consider before
granting California authorization to enforce its new nonroad emission
standards.\4\
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    \4\ Title 40 of the Code of Federal Regulations, part 1074.105
provides:
    (a) The Administrator will grant the authorization if California
determines that its standards will be, in the aggregate, at least as
protective of public health and welfare as otherwise applicable
Federal standards.
    (b) The authorization will not be granted if the Administrator
finds that any of the following are true:
    (1) California's determination is arbitrary and capricious.
    (2) California does not need such standards to meet compelling
and extraordinary conditions.
    (3) The California standards and accompanying enforcement
procedures are not consistent with section 209 of the Act.
    (c) In considering any request from California to authorize the
state to adopt or enforce standards or other requirements relating
to the control of emissions from new nonroad spark-ignition engines
smaller than 50 horsepower, the Administrator will give appropriate
consideration to safety factors (including the potential increased
risk of burn or fire) associated with compliance with the California
standard.
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    As stated in the preamble to the section 209(e) rule, EPA has
historically interpreted the section 209(e)(2)(iii) ``consistency''
inquiry to require, at minimum, that California standards and
enforcement procedures be consistent with section 209(a), section
209(e)(1), and section 209(b)(1)(C) (as EPA has interpreted that
subsection in the context of section 209(b) motor vehicle waivers).\5\
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    \5\ See 59 FR 36969 (July 20, 1994).
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    In order to be consistent with section 209(a), California's nonroad
standards and enforcement procedures must not apply to new motor
vehicles or new motor vehicle engines. To be consistent with section
209(e)(1), California's nonroad standards and enforcement procedures
must not attempt to regulate engine categories that are permanently
preempted from state regulation. To determine consistency with section
209(b)(1)(C), EPA typically reviews nonroad authorization requests
under the same ``consistency'' criteria that are applied to motor
vehicle waiver requests. Pursuant to section 209(b)(1)(C), the
Administrator shall not grant California a motor vehicle waiver if she
finds that California ``standards and accompanying enforcement
procedures are not consistent with section 202(a)'' of the Act.
Previous decisions granting waivers and authorizations have noted that
state standards and enforcement procedures are inconsistent with
section 202(a) if: (1) There is inadequate lead time to permit the
development of the necessary technology giving appropriate
consideration to the cost of compliance within that time, or (2) the
Federal and state testing procedures impose inconsistent certification
requirements.

III. Procedures for Public Participation

    As stated above, EPA is offering the opportunity for a public
hearing, and requesting written comment on issues relevant to a full
authorization analysis. Specifically, we request comment on: (a)
Whether CARB's determination that its standards, in the aggregate, are
at least as protective of public health and welfare as applicable
Federal standards is arbitrary and capricious, (b) whether California
needs such standards to meet compelling and extraordinary conditions,
and (c) whether California's standards and accompanying enforcement
procedures are consistent with section 209 of the Act.
    If a hearing is held, the Agency will make a verbatim record of the
proceedings. Interested parties may arrange with the reporter at the
hearing to obtain a copy of the transcript at their own expense.
Regardless of whether a public hearing is held, EPA will keep the
record open until March 24, 2011. Upon expiration of the comment
period, the Administrator will render a decision on CARB's request
based on the record from the public hearing, if any, all relevant
written submissions, and other information that she deems pertinent.
All information will be available for inspection at the EPA Air Docket
No. EPA-HQ-OAR-2011-0101.
    Persons with comments containing proprietary information must
distinguish such information from other comments to the greatest extent
possible and label it as ``Confidential Business Information'' (CBI).
If a person making comments wants EPA to base its decision on a
submission labeled as CBI, then a non-confidential version of the
document that summarizes the key data or information should be
submitted to the public docket. To ensure that proprietary information
is not inadvertently placed in the public docket, submissions
containing such information should be sent directly to the contact
person listed above and not to the public docket. Information covered
by a claim of confidentiality will be disclosed by EPA only to the
extent allowed, and according to the procedures set forth in 40 CFR
Part 2. If no claim of confidentiality accompanies the submission when
EPA receives it, EPA will make it available to the public without
further notice to the person making comments.

    Dated: February 3, 2011.
Lori Stewart,
Acting Director, Office of Transportation and Air Quality, Office of
Air and Radiation.
[FR Doc. 2011-2855 Filed 2-8-11; 8:45 am]
BILLING CODE 6560-50-P