[Federal Register Volume 83, Number 232 (Monday, December 3, 2018)]
[Proposed Rules]
[Pages 62283-62289]
[FR Doc No: 2018-25886]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[EPA-R03-OAR-2009-0238; FRL-9986-90-Region 3]

Outer Continental Shelf Air Regulations; Consistency Update for
Delaware

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule; consistency update.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
update a portion of the Outer Continental Shelf (OCS) Air Regulations.
Requirements applying to OCS sources located within 25 miles of states'
seaward boundaries must be updated periodically to remain consistent
with the requirements of the corresponding onshore area (COA), as
mandated by section 328(a)(1) of the Clean Air Act (CAA). The portion
of the OCS air regulations that is being updated pertains to the
requirements for OCS sources for which Delaware is the designated COA.
The State of Delaware's requirements discussed in this document are
proposed to be incorporated by reference into the Code of Federal
Regulations and listed in the appendix to the OCS air regulations.

DATES: Written comments must be received on or before January 2, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2009-0238 at http://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy,

information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Amy Johansen,<PHONE_NUMBER>, or by
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On September 4, 1992, EPA promulgated 40 CFR part 55,\1\ which
established requirements to control air pollution from OCS sources in
order to attain and maintain Federal and state ambient air quality
standards and to comply with the provisions of part C of title I of the
CAA. The regulations at 40 CFR part 55 apply to all OCS sources except
those located in the Gulf of Mexico west of 87.5 degrees longitude. See
40 CFR 55.3(a). Section 328 of the CAA requires that for such sources
located within 25 miles of a state's seaward boundary, the requirements
shall be the same as would be applicable if the sources were located in
the COA. Because the OCS requirements are based on onshore
requirements, and onshore requirements may change, section 328(a)(1)
requires that EPA update the OCS requirements as necessary to maintain
consistency with onshore requirements.
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    \1\ The reader may refer to the Notice of Proposed Rulemaking,
December 5, 1991 (56 FR 63774), and the preamble to the final rule
promulgated September 4, 1992 (57 FR 40792) for further background
and information on the OCS regulations.
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    Pursuant to 40 CFR 55.12, consistency reviews will occur (1) at
least annually; (2) upon receipt of a Notice of Intent (NOI) under 40
CFR 55.4; or (3) when a state or local agency submits a rule to EPA to
be considered for incorporation by reference in 40 CFR part 55. This
proposed action is being taken in response to the submittal of a NOI on
August 8, 2018, by Deepwater Wind, LLC on behalf of Garden State
Offshore Energy, LLC for the proposed installation of a meteorological
buoy for the purposes of gathering meteorological data to support
development of offshore wind projects. Public comments received in
writing within 30 days of publication of this document will be
considered by EPA before publishing a final rule.
    Section 328(a) of the CAA requires that EPA establish requirements
to control air pollution from OCS sources located within 25 miles of
States' seaward boundaries that are the same as onshore requirements.
To comply with this statutory mandate, EPA must incorporate applicable
onshore rules into 40 CFR part 55 as they exist onshore. This limits
EPA's flexibility in deciding which requirements will be incorporated
into 40 CFR part 55 and prevents EPA from making substantive changes to
the requirements it incorporates. As a result, EPA may be incorporating
rules into 40 CFR part 55 that do not conform to all of EPA's state
implementation plan (SIP) guidance or certain requirements of the CAA.
Consistency updates may result in the inclusion of state or local rules
or regulations into 40 CFR part 55, even though the same rules may
ultimately be disapproved for inclusion as part of the SIP. Inclusion
in the OCS rule does not imply that a rule meets the requirements of
the CAA for SIP approval, nor does it imply that the rule will be
approved by EPA for inclusion in the SIP.

II. EPA Analysis

    EPA reviewed Delaware's rules for inclusion in 40 CFR part 55 to
ensure that they are rationally related to the attainment or
maintenance of Federal or state ambient air quality standards and
compliance with part C of title I of the CAA, that they are not
designed expressly to prevent exploration and development of the OCS,
and that they are potentially applicable to OCS sources. See 40 CFR
55.1. EPA has also evaluated the rules to ensure they are not arbitrary
or capricious. See 40 CFR 55.12(e). In addition, EPA has excluded
administrative or procedural rules,\2\ and requirements that regulate
toxics which are not related to the attainment and maintenance of
Federal and state ambient air quality standards.
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    \2\ Each COA which has been delegated the authority to implement
and enforce 40 CFR part 55 will use its administrative and
procedural rules as onshore. However, in those instances where EPA
has not delegated authority to implement and enforce 40 CFR part 55,
EPA will use its own administrative and procedural requirements to
implement the substantive requirements. See 40 CFR 55.14(c)(4).
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    EPA is soliciting public comments on the issues discussed in this
document or on other relevant matters. These comments will be
considered before taking final action. Interested parties may
participate in the Federal rulemaking procedure by submitting written
comments to the EPA Regional Office listed in the ADDRESSES section of
this Federal Register.

III. Proposed Action

    EPA is proposing to incorporate the rules potentially applicable to
sources for which the State of Delaware will be the COA. The rules that
EPA proposes to incorporate are applicable provisions of Title 7 of the
Delaware Administrative Code, specifically, Air Quality Management
Section 1100. The rules EPA proposes to incorporate are listed in
detail at the end of the document. The intended effect of proposing
approval of the OCS requirements for the Delaware Department of Natural
Resources and Environmental Control (DNREC) is to regulate emissions
from OCS sources in accordance with the requirements for onshore
sources.

IV. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference Title 7 of the Delaware Administrative Code set forth below.
EPA has made, and will continue to make, these materials available
through www.regulations.gov and at the EPA Region III Office (please
contact the person identified in the For Further Information Contact
section of this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to establish
requirements to control air pollution from OCS sources located within
25 miles of states' seaward boundaries that are the same as onshore air
pollution control requirements. To comply with this statutory mandate,
the EPA must incorporate applicable onshore rules into 40 CFR part 55
as they exist onshore. See 42 U.S.C. 7627(a)(1); 40 CFR 55.12. Thus, in
promulgating OCS consistency updates, EPA's role is to maintain
consistency between OCS regulations and the regulations of onshore
areas, provided that they meet the criteria of the CAA. Accordingly,
this action simply updates the existing OCS requirements to make them
consistent with requirements onshore, without the exercise of any
policy direction by EPA. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 regulatory action because
this action is not significant under Executive Order 12866.
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rule incorporating by reference sections
of Title 7 of the Delaware Administrative Code, does not have tribal
implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000), because this action is not approved to apply in
Indian country located in the state, and EPA notes that it will not
impose substantial direct costs on tribal governments or preemptive
tribal law.
    Under the provisions of the Paperwork Reduction Act, 44 U.S.C 3501
et seq., an agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays
a currently valid OMB control number. OMB has approved the information
collection requirements contained in 40 CFR part 55 and, by extension,
this update to the rules, and has assigned OMB control number 2060-
0249. OMB approved the EPA Information Collection Request (ICR) No.
1601.08 on September 18, 2017.\3\ The current approval expires
September 30, 2020. The annual public reporting and recordkeeping
burden for collection of information under 40 CFR part 55 is estimated
to average 643 hours per response, using the definition of burden
provided in 44 U.S.C. 3502(2).
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    \3\ OMB's approval of the ICR can be viewed at www.reginfo.gov.
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    EPA is proposing to incorporate the rules potentially applicable to
sources for which the State of Delaware will be the COA. The rules that
EPA proposes to incorporate are applicable provisions of Title 7 of the
Delaware Administrative Code, specifically, Air Quality Management
Section 1100.

List of Subjects in 40 CFR Part 55

    Environmental protection, Administrative practice and procedure,
Air pollution control, Carbon monoxide, Incorporation by reference,
Intergovernmental relations, Lead, Nitrogen dioxide, Outer continental
shelf, Ozone, Particulate matter, Permits, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: November 13, 2018.
Cosmo Servidio,
Regional Administrator, Region III.

    Part 55 of Chapter I, title 40 of the Code of Federal Regulations
is proposed to be amended as follows:

PART 55--OUTER CONTIENTAL SHELF AIR REGULATIONS

0
1. The authority citation for part 55 continues to read as follows:

    Authority:  Section 328 of the Clean Air Act (42 U.S.C. 7401 et
seq.) as amended by Public Law 101-549.

0
2. Section 55.14 is amended by adding paragraphs (d)(5)(i)(A) and (B)
to read as follows:

Sec.  55.14   Requirements that apply to OCS sources located within 25
miles of States' seaward boundaries, by State.

* * * * *
    (d) * * *
    (5) * * *
    (i) * * *
    (A) State of Delaware Requirements Applicable to OCS Sources,
November 11, 2018.
    (B) [Reserved]
* * * * *
0
3. Appendix A to part 55 is amended by revising paragraph (a)(1) under
the heading ``Delaware'' to read as follows:

Appendix A to Part 55--Listing of State and Local Requirements
Incorporated by Reference Into Part 55, by State

* * * * *

Delaware

    (a) * * *
    (1) The following State of Delaware requirements are applicable
to OCS Sources, November 11, 2018, State of Delaware--Department of
Natural Resources and Environmental Control.
    The following sections of Title 7 Delaware Administrative Code
1100--Air Quality Management Section:

7 DE Admin. Code 1101: Definitions and Administrative Principals

Section 1.0: General Provisions (Effective 02/01/1981)
Section 2.0: Definitions (Effective 12/11/2016)
Section 3.0: Administrative Principals (Effective 11/11/2013)
Section 4.0: Abbreviations (Effective 02/01/1981)

7 DE Admin. Code 1102: Permits

Section 1.0: General Provisions (Effective 06/11/2006)
Section 2.0: Applicability (Effective 06/11/2006)
Section 3.0: Application/Registration Prepared by Interested Party
(Effective 06/01/1997)
Section 4.0: Cancellation of Construction Permits (Effective 06/01/
1997)
Section 5.0: Action on Applications (Effective 06/01/1997)
Section 6.0: Denial, Suspension or Revocation of Operating Permits
(Effective 06/11/2006)
Section 7.0: Transfer of Permit/Registration Prohibited (Effective
06/01/1997)
Section 8.0: Availability of Permit/Registration (Effective 06/01/
1997)
Section 9.0: Registration Submittal (Effective 06/01/1997)
Section 10.0: Source Category Permit Application (Effective 06/01/
1997)
Section 11.0: Permit Application (Effective 06/11/2006)
Section 12.0: Public Participation (Effective 06/11/2006)
Section 13.0: Department Records (Effective 06/01/1997)
Appendix A (Effective 06/11/2006)

7 DE Admin. Code 1103: Ambient Air Quality Standards

Section 1.0: General Provisions (Effective 01/11/2014)
Section 2.0: General Restrictions (Effective 02/01/1981)
Section 3.0: Suspended Particulates (Effective 02/01/1981)
Section 4.0: Sulfur Dioxide (Effective 01/11/2014)
Section 5.0: Carbon Monoxide (Effective 02/01/1981)
Section 6.0: Ozone (Effective 01/11/2014)
Section 7.0: Hydrocarbons (Effective 02/01/1981)
Section 8.0: Nitrogen Dioxide (Effective 01/11/2014)
Section 9.0: Hydrogen Sulfide (Effective 02/01/1981)
Section 10.0: Lead (Effective 01/11/2014)
Section 11.0: PM10 and PM2.5 Particulates
(Effective 01/11/2014)

7 DE Admin. Code 1104: Particulate Emissions From Fuel Burning
Equipment

Section 1.0: General Provisions (Effective 01/11/2017)
Section 2.0: Emission Limits (Effective 01/11/2017)

7 DE Admin. Code 1105: Particulate Emissions From Industrial Process
Operations

Section 1.0: General Provisions (Effective 01/11/2017)
Section 2.0: General Restrictions (Effective 01/11/2017)
Section 3.0: Restrictions on Hot Mix Asphalt Batching Operations
(Effective 02/01/1981)
Section 4.0: Restrictions on Secondary Metal Operations (Effective
01/11/2017)
Section 5.0: Restrictions on Petroleum Refining Operations
(Effective 01/11/2017)
Section 6.0: Restrictions on Prill Tower Operations (Effective 02/
01/1981)
Section 7.0: Control of Potentially Hazardous Particulate Matter
(Effective 02/01/1981)

7 DE Admin. Code 1106: Particulate Emissions From Construction and
Materials Handling

Section 1.0: General Provisions (Effective 02/01/1981)
Section 2.0: Demolition (Effective 02/01/1981)
Section 3.0: Grading, Land Clearing, Excavation and Use of Non-Paved
Roads (Effective 02/01/1981)
Section 4.0: Material Movement (Effective 02/01/1981)
Section 5.0: Sandblasting (Effective 02/01/1981)
Section 6.0: Material Storage (Effective 02/01/1981)

7 DE Admin. Code 1107: Emissions From Incineration of Noninfectious
Waster

Section 1.0: General Provisions (Effective 10/13/1989)
Section 2.0: Restrictions (Effective 10/13/1989)

7 DE Admin. Code 1108: Sulfur Dioxide Emissions From Fuel Burning
Equipment

Section 1.0: General Provisions (Effective 07/11/2013)
Section 2.0: Limit on Sulfur Content of Fuel (Effective 07/11/2013)
Section 3.0: Emission Control in Lieu of Sulfur Content Limits of
2.0 of This Regulation (Effective 07/11/2013)
Section 4.0: Sampling and Testing Methods and Requirements
(Effective 07/11/2013)
Section 5.0: Recordkeeping and Reporting (Effective 07/11/2013)

7 DE Admin. Code 1109: Emissions of Sulfur Compounds From Industrial
Operations

Section 1.0: General Provisions (Effective 05/09/1985)
Section 2.0: Restrictions on Sulfuric Acid Manufacturing Operations
(Effective 02/01/1981)
Section 3.0: Restriction on Sulfuric Recovery Operations (Effective
02/01/1981)
Section 4.0: Stack Height Requirements (Effective 02/01/1981)

7 DE Admin. Code 1110: Control of Sulfur Dioxide Emissions--Kent and
Sussex Counties

Section 1.0: Requirements for Existing Sources of Sulfur Dioxide
(Effective 01/18/1982)
Section 2.0: Requirements for New Sources of Sulfur Dioxide
(Effective 02/01/1981)

7 DE Admin. Code 1111: Carbon Monoxide Emissions From Industrial
Process Operations New Castle County

Section 1.0: General Provisions (Effective 02/01/1981)
Section 2.0: Restrictions on Petroleum Refining Operations
(Effective 02/01/1981)

7 DE Admin. Code 1112: Control of Nitrogen Oxide Emissions

Section 1.0: Applicability (Effective 11/24/1993)
Section 2.0: Definitions (Effective 11/24/1993)
Section 3.0: Standards (Effective 11/24/1993)
Section 4.0: Exemptions (Effective 11/24/1993)
Section 5.0: Alternative and Equivalent RACT Determinations (11/24/
1993)
Section 6.0: RACT Proposals (11/24/1993)
Section 7.0: Compliance Certification, Recordkeeping, and Reporting
Requirements (Effective 11/24/1993)

7 DE Admin. Code 1113: Open Burning

Section 1.0: Purpose (Effective 04/11/2007)
Section 2.0: Applicability (Effective 04/11/2007)
Section 3.0: Definitions (Effective 04/11/2007)
Section 4.0: Prohibitions and Related Provisions (Effective 04/11/
2007)
Section 5.0: Season and Time Restrictions (Effective 04/11/2007)
Section 6.0: Allowable Open Burning (Effective 04/11/2007)
Section 7.0: Exemptions (Effective 04/11/2007)

7 DE Admin. Code 1114: Visible Emissions

Section 1.0: General Provisions (Effective 11/11/2013)
Section 2.0: Requirements (Effective 05/11/2018)
Section 3.0: Alternate Opacity Requirements (Effective 07/17/1984)
Section 4.0: Compliance With Opacity Standards (Effective 07/17/
1984)

7 DE Admin. Code 1115: Air Pollution Alert and Emergency Plan

Section 1.0: General Provisions (Effective 07/17/1984)
Section 2.0: Stages and Criteria (Effective 03/29/1988)
Section 3.0: Required Actions (Effective 02/01/1981)
Section 4.0: Standby Plans (Effective 02/01/1981)

7 DE Admin. Code 1116: Sources Having an Interstate Air Pollution
Potential

Section 1.0: General Provisions (Effective 02/01/1981)
Section 2.0: Limitations (Effective 02/01/1981)
Section 3.0: Requirements (Effective 02/01/1981)

7 DE Admin. Code 1117: Source Monitoring, Record Keeping and Reporting

Section 1.0: Definitions and Administrative Principals (Effective
01/11/1993)
Section 2.0: Sampling and Monitoring (Effective 07/17/1984)
Section 3.0: Minimum Emissions Monitoring Requirements For Existing
Sources (Effective 07/17/1984)
Section 4.0: Performance Specifications (Effective 07/17/1984)
Section 5.0: Minimum Data Requirements (Effective 07/17/1984)
Section 6.0: Data Reduction (Effective 07/17/1984)
Section 7.0: Emission Statement (Effective 01/11/1993)

7 DE Admin. Code 1120: New Source Performance Standards

Section 1.0: General Provisions (Effective 12/07/1988)
Section 2.0: Standards of Performance for Fuel Burning Equipment
(Effective 04/18/1983)
Section 3.0: Standards of Performance for Nitric Acid Plants
(Effective 04/18/1983)
Section 5.0: Standards of Performance for Asphalt Concrete Plants
(Effective 04/18/1983)
Section 6.0: Standards of Performance for Incinerators (Effective
04/18/1983)
Section 7.0: Standards of Performance for Sewage Treatment Plants
(Effective 04/18/1983)
Section 8.0: Standards of Performance for Sulfuric Acid Plants
(Effective 04/18/1983)
Section 9.0: Standards of Performance for Electric Utility Steam
Generating Units for Which Construction is Commenced After September
18, 1978 (Effective 04/18/1983)
Section 10.0: Standards of Performance for Stationary Gas Turbines
(Effective 11/27/1985)
Section 11.0: Standards of Performance for Petroleum Refineries
(Effective 11/27/1985)
Section 12.0: Standards of Performance for Steel Plants: Electric
Arc Furnaces (Effective 11/27/1985)
Section 20.0: Standards of Performance for Bulk Gasoline Terminals
(Effective 11/27/1985)
Section 22.0: Standards of Performance for Equipment Leaks at
Petroleum Refineries (Effective 11/27/1985)
Section 27.0: Standards of Performance for Volatile Organic Liquid
Storage Vessels (Including Petroleum Liquid Storage Vessels) for
Which Construction, Reconstruction, or Modification Commenced after
July 23, 1984 (Effective 12/07/1988)
Section 28.0: Standards of Performance for Municipal Solid Waste
Landfills (Effective 04/11/1998)
Section 30.0: Standards of Performance for Municipal Solid Waste
Landfills after July 11, 2017 (Effective 07/11/2017)

7 DE Admin. Code 1122: Restriction on Quality of Fuel in Fuel Burning
Equipment

Section 1.0: Prohibition of Waste Oil (Effective 11/27/1985)

7 DE Admin. Code 1124: Control of Volatile Organic Compounds

Section 1.0: General Provisions (Effective 01/11/2017)

Section 2.0: Definitions (Effective 04/11/2010)
Section 3.0: Applicability (Effective 01/11/1993)
Section 4.0: Compliance, Certification, Recordkeeping, and Reporting
Requirements for Coating Sources (Effective 11/29/1994)
Section 5.0: Compliance, Certification, Recordkeeping, and Reporting
Requirements for Non-Coating Sources (Effective 01/11/1993)
Section 6.0: General Recordkeeping (Effective 01/11/1993)
Section 7.0: Circumvention (Effective 01/11/1993)
Section 8.0: Handling, Storage, and Disposal of Volatile Organic
Compounds (VOCs) (Effective 03/11/2011)
Section 9.0: Compliance, Permits, Enforceability (Effective 01/11/
1993)
Section 10.0: Aerospace Coatings (Effective 02/11/2003)
Section 11.0: Mobile Equipment Repair and Refinishing (Effective 10/
11/2010)
Section 12.0: Surface Coating of Plastic Parts (Effective 10/11/
2011)
Section 13.0: Automobile and Light-Duty Truck Coating Operations
(Effective 03/11/2011)
Section 14.0: Can Coating (Effective 01/11/1993)
Section 15.0: Coil Coating (Effective 01/11/1993)
Section 16.0: Paper, Film, and Foil Coating (Effective 03/11/2011)
Section 17.0: Fabric Coating (Effective 01/11/1993)
Section 18.0: Vinyl Coating (Effective 01/11/1993)
Section 19.0: Coating of Metal Furniture (Effective 10/11/2011)
Section 20.0: Coating of Large Appliances (Effective 10/11/2011)
Section 21.0: Coating of Magnet Wire (Effective 11/29/1994)
Section 22.0: Coating of Miscellaneous Metal Parts (Effective 10/11/
2011)
Section 23.0: Coating of Flat Wood Paneling (Effective 03/11/2011)
Section 24.0: Bulk Gasoline Plants (Effective 01/11/1993)
Section 25.0: Bulk Gasoline Terminals (Effective 11/29/1994)
Section 26.0: Gasoline Dispensing Facility Stage I Vapor Recovery
(Effective 01/11/2002)
Section 27.0: Gasoline Tank Trucks (Effective 01/11/1993)
Section 28.0: Petroleum Refinery Sources (Effective 01/11/1993)
Section 29.0: Leaks from Petroleum Refinery Equipment (Effective 11/
29/1994)
Section 30.0: Petroleum Liquid Storage in External Floating Roof
Tanks (Effective 11/29/1994)
Section 31.0: Petroleum Liquid Storage in Fixed Roof Tanks
(Effective 11/29/1994)
Section 32.0: Leaks from Natural Gas/Gasoline Processing Equipment
(Effective 11/29/1994)
Section 33.0: Solvent Cleaning and Drying (Effective 11/11/2001)
Section 34.0: Cutback and Emulsified Asphalt (Effective 01/11/1993)
Section 35.0: Manufacture of Synthesized Pharmaceutical Products
(Effective 11/29/1994)
Section 36.0: Vapor Emission Control at Gasoline Dispensing
Facilities (Effective 09/11/2015)
Section 37.0: Graphic Arts Systems (Effective 03/11/2011)
Section 38.0: Petroleum Solvent Dry Cleaners (Effective 01/11/1993)
Section 40.0: Leaks from Synthetic Organic Chemical, Polymer, and
Resin Manufacturing Equipment (Effective 01/11/1993)
Section 41.0: Manufacture of High-Density Polyethylene,
Polypropylene, and Polystyrene Resins (Effective 01/11/1993)
Section 42.0: Air Oxidation Processes in the Synthetic Organic
Chemical Manufacturing Industry (Effective 01/11/1993)
Section 43.0: Bulk Gasoline Marine Tank Vessel Loading Facilities
(Effective 08/08/1994)
Section 44.0: Batch Processing Operations (Effective 11/29/1994)
Section 45.0: Industrial Cleaning Solvents (Effective 03/11/2011)
Section 46.0: Crude Oil Lightering Operations (Effective 05/11/2007)
Section 47.0: Offset Lithographic Printing (Effective 04/11/2011)
Section 48.0: Reactor Processes and Distillation Operations in the
Synthetic Organic Chemical Manufacturing Industry (Effective 11/29/
1994)
Section 49.0: Control of Volatile Organic Compound Emissions from
Volatile Organic Liquid Storage Vessels (Effective 11/29/1994)
Section 50.0: Other Facilities that Emit Volatile Organic Compounds
(VOCs) (Effective 11/29/1994)

7 DE Admin. Code 1124: Control of Organic Compound Emissions--
Appendices

Appendix A General Provisions: Test Methods and Compliance
Procedures (Effective 11/29/1994)
Appendix B: Determining the Volatile Organic Compound (VOC) Content
of Coatings and Inks (Effective 11/29/1994)
Appendix C: Alternative Compliance Methods for Surface Coating
(Effective 11/29/1994)
Appendix D: Emission Capture and Destruction or Removal Efficiency
and Monitoring Requirements (Effective 11/29/1994)
Method 30: Criteria for and Verification of a Permanent or Temporary
Total Enclosure (Effective 11/29/1994)
Method 30A: Volatile Organic Compounds Content in Liquid Input
Stream (Effective 11/29/1994)
Method 30B: Volatile Organic Compounds Emissions in Captured Stream
(Effective 11/29/1994)
Method 30C: Volatile Organic Compounds Emissions in Captured Stream
(Dilution Technique) (Effective 11/29/1994)
Method 30D: Volatile Organic Compounds Emissions in Fugitive Stream
from Temporary Total Enclosure (Effective 11/29/1994)
Method 30E: Volatile Organic Compounds Emissions in Fugitive Stream
from Building Enclosure (Effective 11/29/1994)
Appendix E: Determining the Destruction or Removal Efficiency of a
Control Device (Effective 11/29/1994)
Appendix F: Leak Detection Methods for Volatile Organic Compounds
(VOCs) (Effective 11/29/1994)
Appendix G: Performance Specifications for Continuous Emissions
Monitoring of Total Hydrocarbons (Effective 11/29/1994)
Appendix H: Quality Control Procedures for Continuous Emission
Monitoring Systems (CEMS) (Effective 11/29/1994)
Appendix I: Method to Determine Length of Rolling Period for Liquid/
Liquid Material Balance (Effective 11/29/1994)
Appendix K: Emissions Estimation Methodologies (Effective 11/29/
1994)
Appendix L: Method to Determine Total Organic Carbon for Offset
Lithographic Solutions (Effective 11/29/1994)
Appendix M: Test Method for Determining the Performance of
Alternative Cleaning Fluids (Effective 11/29/1994)

7 DE Admin. Code 1125: Requirements for Preconstruction Review

Section 1.0: General Provisions (Effective 12/11/2016)
Section 2.0: Emission Offset Provisions (EOP) (Effective 02/11/2012)
\4\
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    \4\ On October 20, 2016, EPA disapproved Delaware's emissions
offset provisions. See 81 FR 72529. EPA last approved Regulation
1125, Section 2.0 for the Delaware SIP on October 2, 2012, these
emission offset provisions address requirements in CAA 173(c)(1), 40
CFR 51.165, and part 51, appendix S, section IV.D. The State
effective date of this version of Regulation 1125, Section 2.0,
Emission Offset Provisions was February 11, 2012, and it is this
version of Regulation 1125, Section 2.0 that Delaware is required to
implement and EPA is proposing to incorporate by reference into 40
CFR part 55 in this rulemaking action. See 77 FR 60053.
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Section 3.0: Prevention of Significant Deterioration of Air Quality
(Effective 12/11/2016)
Section 4.0: Minor New Source Review (MNSR) (Effective 12/11/2016)

7 DE Admin. Code 1127: Stack Heights

Section 1.0: General Provisions (Effective 07/06/1982)
Section 2.0: Definitions Specific to this Regulation (Effective 12/
07/1988)
Section 3.0: Requirements for Existing and New Sources (Effective
02/18/1987)
Section 4.0: Public Notification (Effective 02/18/1987)

7 DE Admin. Code 1129: Emissions From Incineration of Infectious Waste

Section 1.0: General Provisions (Effective 10/13/1989)
Section 2.0: Exemptions (Effective 10/13/1989)
Section 3.0: Permit Requirements (Effective 10/13/1989)
Section 4.0: Methods of Treatment and Disposal (Effective 10/13/
1989)
Section 5.0: Recordkeeping and Reporting Requirements (Effective 10/
13/1989)

Section 6.0: Evidence of Effectiveness of Treatment (Effective 10/
13/1989)
Section 7.0: Incineration (Effective 10/13/1989)

7 DE Admin. Code 1130: Title V Operating Permit Program

Section 1.0: Program Overview (Effective 12/11/2010)
Section 2.0: Definitions (Effective 11/15/1993)
Section 3.0: Applicability (Effective 11/15/1993)
Section 5.0: Permit Applications (Effective 11/15/1993)
Section 6.0: Permit Contents (Effective 12/11/2000)
Section 7.0: Permit Issuance, Renewal, Reopening, and Revisions
(Effective 12/11/2000)
Section 8.0: Permit Review by EPA and Affected States (Effective 11/
15/1993)
Section 9.0: Permit Fees (Effective 11/15/1993)
Appendix A: Insignificant Activities (Effective 11/15/1993)

7 DE Admin. Code 1132: Transportation Conformity

Section 1.0: Purpose (Effective 11/11/2007)
Section 2.0: Definitions (Effective 11/11/2007)
Section 3.0: Consultation (Effective 11/11/2007)
Section 4.0: Written Commitments for Control and Mitigation Measures
(Effective 11/11/2007)

7 DE Admin Code 1134: Emission Banking and Trading Program

Section 1.0: Program Overview (Effective 10/06/1997)
Section 2.0: Definitions (Effective 10/06/1997)
Section 3.0: Applicability (Effective 10/06/1997)
Section 4.0: Generating an Emission Reduction (Effective 10/06/1997)
Section 5.0: Application for Certification of an Emission Reduction
as an ERC (Effective 10/06/1997)
Section 6.0: Source Baseline (Effective 10/06/1997)
Section 7.0: Post-Reduction Emission Rate (Effective 10/06/1997)
Section 8.0: Certification of an Emission Reduction (Effective 11/
11/2018)
Section 9.0: Trading and Use of ERCs (Effective 10/06/1997)
Section 10.0: Record Keeping Requirements (Effective 10/06/1997)
Section 11.0: ERC Banking System (Effective 10/06/1997)
Section 12.0: Fees (Effective 10/06/1997)
Section 13.0: Enforcement (Effective 10/06/1997)
Section 14.0: Program Evaluation and Individual Audits (Effective
10/06/1997)

7 DE Admin. Code 1135: Conformity of General Federal Actions to the
State Implementation Plans

Section 1.0: Purpose (Effective 08/14/1996)
Section 2.0: Definitions (Effective 08/14/1996)
Section 3.0: Applicability (Effective 08/14/1996)
Section 4.0: Conformity Analysis (Effective 08/14/1996)
Section 5.0: Reporting Requirements (Effective 08/14/1996)
Section 6.0: Public Participation and Consultation (Effective 08/14/
1996)
Section 7.0: Frequency of Conformity Determinations (Effective 08/
14/1996)
Section 8.0: Criteria for Determining Conformity of General Federal
Actions (Effective 08/14/1996)
Section 9.0: Procedures for Conformity Determinations of General
Federal Actions (Effective 08/14/1996)
Section 10.0: Mitigation of Airy Quality Impacts (Effective 08/14/
1996)
Section 11.0: Savings Provision (Effective 08/14/1996)

7 DE Admin. Code 1140: Delaware Low Emission Vehicle Program

Section 1.0: Purpose (Effective 12/11/2013)
Section 2.0: Applicability (Effective 12/11/2013)
Section 3.0: Definitions (Effective 03/11/2018)
Section 4.0: Emission Certification Standards (Effective 12/11/2013)
Section 5.0: New Vehicle Emission Requirements (Effective 03/11/
2018)
Section 6.0: Manufacturer Fleet Requirements (Effective 12/11/2013)
Section 7.0: Warranty (Effective 03/11/2018)
Section 8.0: Reporting and Record-Keeping Requirements (Effective
12/11/2013)
Section 9.0: Enforcement (Effective 12/11/2013)
Section 10.0: Incorporation by Reference (Effective 03/11/2018)
Section 11.0: Document Availability (Effective 03/11/2018)
Section 12.0: Severability (Effective 12/11/2013)

7 DE Admin. Code 1141: Limiting Emissions of Volatile Organic Compounds
From Consumer and Commercial Products

Section 1.0: Architectural and Industrial Maintenance Coatings
(Effective 12/11/2016)
Section 2.0: Consumer Products (Effective 02/11/2016)
Section 3.0: Portable Fuel Containers (Effective 04/11/2010)
Section 4.0: Adhesives and Sealants (Effective 04/11/2009)

7 DE Admin. Code 1142: Specific Emission Control Requirements

Section 1.0: Control of NOX Emissions from Industrial
Boilers (Effective 12/12/2001)

7 DE Admin. Code 1144: Control of Stationary Generator Emissions

Section 1.0: General (Effective 01/11/2006)
Section 2.0: Definitions (Effective 01/11/2006)
Section 3.0: Emissions (Effective 01/11/2006)
Section 4.0: Operating Requirements (Effective 01/11/2006)
Section 5.0: Fuel Requirements (Effective 01/11/2006)
Section 6.0: Record Keeping and Reporting (Effective 01/11/2006)
Section 7.0: Emissions Certification, Compliance, and Enforcement
(Effective 01/11/2006)
Section 8.0: Credit for Concurrent Emissions Reductions (Effective
01/11/2006)
Section 9.0: DVFA Member Companies (Effective 01/11/12006)

7 DE Admin. Code 1145: Excessive Idling of Heavy Duty Vehicles

Section 1.0: Applicability (Effective 04/11/2005)
Section 2.0: Definitions (Effective 04/11/2005)
Section 3.0: Severability (Effective 04/11/2005)
Section 4.0: Operational Requirements for Heavy Duty Motor Vehicles
(Effective 04/11/2005)
Section 5.0: Exemptions (Effective 04/11/2005)
Section 6.0: Enforcement and Penalty (Effective 04/11/2005)

7 DE Admin. Code 1146: Electric Generating Unit (EGU) Milti-Pollutant
Regulation

Section 1.0: Preamble (Effective 12/11/2006)
Section 2.0: Applicability (Effective 12/11/2006)
Section 3.0: Definitions (Effective 12/11/2006)
Section 4.0: NOX Emissions Limitations (Effective 12/11/
2006)
Section 5.0: SO2 Emissions Limitations (Effective 12/11/
2006)
Section 6.0: Mercury Emissions Limitations (Effective 12/11/2006)
Section 7.0: Record Keeping and Reporting (Effective 12/11/2006)
Section 8.0: Compliance Plan (Effective 12/11/2006)
Section 9.0: Penalties (Effective 12/11/2006)

7 DE Admin. Code 1147: CO2 Budget Trading Program

Section 1.0: CO2 Budget Trading Program General
Provisions (Effective 12/11/2013)
Section 2.0: CO2 Authorized Account Representative for
CO2 Budget Source (Effective 11/11/2008)
Section 3.0: Permits (Effective 11/11/2018)
Section 4.0: Compliance Certification (Effective 12/11/2013)
Section 5.0: CO2 Allowance Allocations (Effective 12/11/
2013)
Section 6.0: CO2 Allowance Tracking System (Effective 12/
11/2013)
Section 7.0: CO2 Allowance Transfers (Effective 12/11/
2013)
Section 8.0: Monitoring and Reporting (Effective 12/11/2013)
Section 9.0: Auction of CO2 CCR allowances (Effective 12/
11/2013)
Section 10.0: CO2 Emissions Offset Projects (Effective
12/11/2013)
Section 11.0: CO2 Emissions Auction (Effective 12/11/
2013)

7 DE Admin. Code 1148: Control of Stationary Combustion Turbine
Electric Generating Unit Emissions

Section 1.0: Purpose (Effective 07/11/2007)
Section 2.0: Applicability (Effective 07/11/2007)
Section 3.0: Definitions (Effective 07/11/2007)
Section 4.0: NOX Emissions Limitations (Effective 07/11/
2007)

Section 5.0: Monitoring and Reporting (Effective 07/11/2007)
Section 6.0: Recordkeeping (Effective 07/11/2007)
Section 7.0: Penalties (Effective 07/11/2007)

    (2) [Reserved]
* * * * *
[FR Doc. 2018-25886 Filed 11-30-18; 8:45 am]
 BILLING CODE 6560-50-P


SF 83 SUPPORTING STATEMENT ENVIRONMENTAL PROTECTION AGENCY NESHAP for Off Site Waste and Recovery Operations ( 40 CFR part 63, subpart DD) ( Renewal)

1. Identification of the Information Collection 1( a) Title of the Information Collection NESHAP for Off Site Waste and Recovery Operations 1( b) Short Characterization/ Abstract The National Emission Standards for Hazardous Air Pollutants ( NESHAP), were proposed on October 13, 1994 and promulgated on July 1, 1996. These standards provide for control of hazardous air pollutants ( HAPs) emissions from selected facilities involved in waste management and recovery operations that are not subject to federal air standards under other subparts in part 63 commencing construction, modification or reconstruction after the date of proposal if the facility is a " major source" of HAP emissions as defined in general provisions to 40 CFR part 63. In addition, subpart DD cross references control requirements to be applied to specific types of affected sources: tanks level 1, containers, surface impoundments, individual drain systems, oil water separators and organic water separators, loading, transfer, and storage systems. This information is being collected to assure compliance with 40 CFR part 63, subpart DD. Organic HAP emissions are the pollutants regulated under this Subpart.

Owners or operators of the affected facilities described must make one time only notifications. Owners or operators are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. Semiannual reports of excess emissions ( or reports certifying that no exceedances have occurred) are required. These notifications, reports, and records are essential in determining compliance; and are required, in general, of all sources subject to NESHAP.

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

There is an annual average of 236 respondents that will be subject to the regulations. Due to the nature of the industry, it is estimated that no additional sources will become subject to the standard over the next three years. This information is based on discussions with EPA personnel knowledgeable about the off site waste and recovery operations. The average annual cost to industry over the next three years of this Information Collection Request ( ICR) is estimated to be $ 9,923,473. 2 In the development of this Information Collection Request ( ICR), we addressed the Office of Management and Budget ( OMB) " Terms of Clearance" ( TOC) on the active ICR. The TOC are as follows:

This collection is approved for three years. Before the ICR is next submitted to OMB for revision or renewal, EPA should review its assumption that no new sources will be added in this source category. EPA should also calculate the cost burden associated with recordkeeping and reporting activities, including for example any costs associated with mailing, etc. OMB notes that because EPA has not included any burden estimates for new sources in its request, this approval does not extend to collection of information from new sources.

EPA has addressed each item of concern in the TOC as instructed by OMB in the active ICR. Although EPA does not anticipate any new sources over the next three years, if a new source is constructed, we believe that the collection of information would not be a violation of the Paper Reduction Act ( PRA), since this is our best burden estimate associated with the rule. The cost burden associated with photocopying and mailing reports has been addressed as part of the operation and maintenance cost for this ICR [ refer to section 6( b)( ii)].

2. Need for and Use of the Collection 2( a) Need/ Authority for the Collection The EPA is charged under Section 112 of the Clean Air Act, as amended, to establish standards of performance for each category or subcategory of major sources and area sources of hazardous air pollutants. These standards are applicable to new or existing sources of hazardous air pollutants and shall require the maximum degree of emission reduction. In addition, Section 114( a) states that the Administrator may require any owner or operator subject to any requirement of this Act to:

( A) Establish and maintain such records; ( B) make such reports; ( C) install, use, and maintain such monitoring equipment, and use such audit procedures, or methods; ( D) sample such emissions ( in accordance with such procedures or methods, at such locations, at such intervals, during such periods, and in such manner as the Administrator shall prescribe); ( E) keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical; ( F) submit compliance certifications in accordance with Section 114( a)( 3); and ( G) provide such other information as the Administrator may reasonably require. 3 In the Administrator's judgment, organic HAP emissions from off site waste and recovery operation cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare. Therefore, the NESHAP were promulgated for this source category at 40 CFR part 63, subpart DD.

2( b) Practical Utility/ Users of the Data The control of emissions of organic HAP from off site waste and recovery operations requires not only the installation of properly designed equipment, but also the operation and maintenance of that equipment. Emissions of organic HAP from off site waste and recovery operations are the result of operation of the affected facilities. The subject standards are achieved by the reduction of organic HAP emissions using control technology and/ or leak detection and repair procedures. The notifications required in the applicable regulations are used to inform the Agency or delegated authority when a source becomes subject to the requirements of the regulations. The reviewing authority may then inspect the source to check if the pollution control devices are properly installed and operated and/ or leaks are being detected and repaired and the regulations are being met.

Performance test reports are needed as these are the Agency's record of a source's initial capability to comply with the emission standards, and serve as a record of the operating conditions under which compliance was achieved. The semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations. The information generated by the monitoring, recordkeeping and reporting requirements described in this ICR is used by the Agency to ensure that facilities affected by the NESHAP continue to operate the control equipment in compliance with the regulation. Adequate monitoring, recordkeeping, and reporting are necessary to ensure compliance with the applicable regulations, as required by the Clean Air Act. The information collected from recordkeeping and reporting requirements is also used for targeting inspections, and is of sufficient quality to be used as evidence in court.

3. Nonduplication, Consultations, and Other Collection Criteria The requested recordkeeping and reporting are required under ( 40 CFR part 63, subpart DD).

3( a) Nonduplication If the subject standards have not been delegated, the information is sent directly to the appropriate EPA regional office. Otherwise, the information is sent directly to the delegated state or local agency. If a state or local agency has adopted their own similar standards to implement the Federal standards, a copy of the report submitted to the state or local agency can be sent to the Administrator in lieu of the report required by the Federal standards. Therefore, no duplication exists. 4 3( b) Public Notice Required Prior to ICR Submission to OMB An announcement of a public comment period for the renewal of this ICR was published in the Federal Register 68 FR 27059 on May 19, 2003. No comments were received on the burden published in the Federal Register.

3( c) Consultations For this information collection, we referenced the most recent ICR, the preparer of the active ICR, and accessed the most recent data available on the Air Facility System ( AFS) database as maintained by the Office of Compliance. We reviewed information available from the Office of Compliance Sector Notebook " Profile of the Inorganic Chemical Industry," the United States Census Bureau via the internet, and other websites covering off site waste and recovery operations. We consulted with EPA's Office of Air Quality Planning and Standards, Information Transfer and Program Integration Division and the Solid Waste Association of North America, Mr. Steve Ritzon, ( 800) 467 9262, and Chartwell Information, Mr. Grant Ferrier, ( 619) 295 7685.

3( d) Effects of Less Frequent Collection Less frequent information collection would decrease the margin of assurance that facilities are continuing to meet the standards. Requirements for information gathering and recordkeeping are useful techniques to ensure that good operation and maintenance practices are applied and emission limitations are met. If the information required by these standards was collected less frequently, the likelihood of detecting poor operation and maintenance of control equipment and noncompliance would decrease.

3( e) General Guidelines None of these reporting or recordkeeping requirements violate any of the regulations established by OMB at 5 CFR Part 1320, Section 1320.5.

These standards require affected facilities to maintain all records, including reports and notifications for at least five years. This is consistent with the General Provisions as applied to the standards. EPA believes that the five year records retention requirement is consistent with the Part 70 permit program and the five year statute of limitations on which the permit program is based. Also, the retention of records for five years would allow EPA to establish the compliance history of a source and any pattern of compliance for purposes of determining the appropriate level of enforcement action. Historically, EPA has found that the most flagrant violators frequently have violations extending beyond the five years. EPA would be prevented from pursuing the worst violators due to the destruction or nonexistence of records if records were retained for less than five years. 5 3( f) Confidentiality Any information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to the Agency policies set forth in Title 40, Chapter 1, Part 2, Subpart B  Confidentiality of Business Information ( CBI) ( see 40 CFR 2; 41 FR 36902, September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43 FR 42251, September 20, 1978; 44 FR 17674, March 23, 1979).

3( g) Sensitive Questions None of the reporting or recordkeeping requirements contain sensitive questions.

4. The Respondents and the Information Requested 4( a) Respondents/ SIC and NAICS Codes The respondents to the recordkeeping and reporting requirements are off site waste and recovery operations that store, treat, recycle, reprocess, or dispose of wastes containing organic chemical compounds. The United States Standard Industrial Classification ( SIC) codes which corresponds to the North American Industry Classification System ( NAICS) codes could be found in the following table:

Standard SIC Codes NAICS Codes Off site Waste and Recovery Operations ( 40 CFR part 63, subpart DD)

Petrochemical Manufacturing 2869 325110 All Other Basic Inorganic Chemical Manufacturing 2869 325188 Cyclic Crude and Intermediate Manufacturing 2689 325192 Ethyl Alcohol Manufacturing 2689 325193 All Other Basic Organic Chemical Manufacturing 2689 325199 Industrial Gas Manufacturing 2689 325120 All Other Miscellaneous Chemical Product and Preparation Manufacturing 2689 325998 6 Plastic Materials and Resin Manufacturing 2821 325211 Explosives Manufacturing 2892 325920 Carbon Black Manufacturing 2816 325182 Inorganic Dye and Pigment Manufacturing 2816 325131 Semiconductor and Related Device Manufacturing 3674 334413 Petroleum Refineries 2911 324110 Aircraft Manufacturing 3721 336411 Aircraft ( research and development not producing prototypes) 3721 541710 Other General Government Support 9199 921190 All Other Petroleum and Coal Products Manufacturing 3312 324199 Iron and Steel Mills 3312 331111 Rolled Steel Shape Manufacturing 3312 331221 4( b) Information Requested None of these reporting or recordkeeping requirements violate any of the regulations established by OMB at 5 CFR part 1320, Section 1320.5.

( i) Data Items All data in this ICR that is recorded and/ or reported is required by National Emission Standards for Hazardous Air Pollutants for Off Site Waste and Recovery Operations ( 40 CFR part 63, subpart DD). 7 A source must make the following reports:

Notification Reports Standard Citation by Section Notification and application of construction/ reconstruction 63.5( d)

Notification of initial startup 63.9( b)

Notification of initial performance test 63.7( b), and 63.9( e)

Rescheduled initial performance test 63.7( b)( 2)

Demonstration of continuous monitoring system 63.9( g)

Compliance status 63.9( h)

Physical and operational change 63.10 Notification of performance tests 63.7( b), and 63.697( b)( 1)

Performance test results 63.8( e)( 5), and 63.697( b)( 2)

Startup, shutdown, malfunction reports 63.697( b)( 3)

Notification of tank floating roof inspection 63.686( b)( 3)

Notification of oil/ water separator floating roof inspection 63.687( d)( 6)

Notification to tank refill 63.697( d)( 1)

Notification of seal gap measurements 63.697( d)( 2)

Reports Initial performance test results 63.10( d)( 2)

Opacity or visible emissions 63.10( d)( 3)

Periodic startup, shutdown, malfunction reports 63.10( d)( 5)( I)

Source status report 63.10( e)( 3)

Excess emission reports 63.695( e)

Semiannual summary report 63.697( b)( 4) 8 A source must keep the following records:

Recordkeeping Startup, shutdown, malfunctions, periods where the continuous monitoring system is inoperative. 63.10( b)( 2)

All reports and notifications. 63.10( b)

Record of applicability. 63.10( b)( 3)

Records of sources with continuous monitoring systems. 63.10( c)

Records of startup, shutdown, and malfunctions, and pollution control system maintenance. 63.696( b)( 1)

Records of applicability determinations. 63.696( b)( 3)

Documentation of extension of tank emptying schedule. 63.696( c)

Records of results of seal gap measurements and description of repairs. 63.686( d)( 3)

Record of sampling plan for determining volatile organic hazardous air pollutant ( VOHAP) concentration at point of treatment 63.694( c)

Record of sampling plan for determining maximum HAP vapor pressure in tanks. 63.694( j)( 2)( 1)

Record of maximum HAP vapor pressure determinations for covered tanks. 63.686( c)( 5)

Records should be retained for 5 years. 63.10( b)( 1)

Electronic Reporting Presently, sources are using monitoring equipment that provides parameter data in an automated way, e. g., leaks and spills of mercury. Although personnel at the source still need to evaluate the data, this type of monitoring equipment has significantly reduced the burden associated with monitoring and recordkeeping. In addition, some regulatory agencies are setting up electronic reporting systems to allow sources to report electronically which is reducing the reporting burden. However, electronic reporting systems are still not widely used by the regulatory agencies. It is estimated that approximately 33% of the respondents use electronic reporting. 9 ( ii) Respondent Activities Respondent Activities Determine the VOHAP concentration for off site material at the point of delivery and for the treated off site material streams at the point of treatment.

Determine the required HAP mass removal rate, actual HAP mass removal, HAP reduction efficiency and HAP bio degradation efficiency.

Determine the maximum organic HAP vapor pressure of the off site material in tanks and the process vent stream flow rate and total HAP concentration.

Write the notifications and reports listed above.

Enter information required to be recorded above.

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

Develop, acquire, install, and utilize technology and systems for the purpose of processing and maintaining information.

Develop, acquire, install, and utilize technology and systems for the purpose of disclosing and providing information.

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

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

Transmit, or otherwise disclose the information.

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

5. The Information Collected: Agency Activities, Collection Methodology, and Information Management 5( a) Agency Activities EPA conducts the following activities in connection with the acquisition, analysis, storage, and distribution of the required information. 10 Agency Activities Observe initial performance tests and repeat performance tests if necessary.

Review notifications and reports, including performance test reports, and excess emissions reports, required to be submitted by industry.

Audit facility records.

Input, analyze, and maintain data in the Air Facility System ( AFS).

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

Information contained in the reports is entered into the AFS which is operated and maintained by EPA's Office of Compliance. AFS is EPA's database for the collection, maintenance, and retrieval of compliance and annual emission inventory data for over 100,000 industrial and government owned facilities. EPA uses the AFS for tracking air pollution compliance and enforcement by local and state regulatory agencies, EPA regional offices and EPA headquarters. EPA and its delegated Authorities can edit, store, retrieve and analyze the data.

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

5( c) Small Entity Flexibility A majority of the affected facilities are large entities ( e. g., large businesses). However, the impact on small entities ( i. e., small businesses) was taken into consideration during the development of the regulation. Due to technical considerations involving the process operations and the types of control equipment employed , the recordkeeping and reporting requirements are the same for both small and large entities. The Agency considers these requirements the minimum needed to ensure compliance and, therefore, cannot reduce them further for small entities. To the extent that larger businesses can use economies of scale to reduce their burden, the overall burden will be reduced. 11 5( d) Collection Schedule The specific frequency for each information collection activity within this request is shown in Table 1: Annual Industry Burden for NESHAP for Off Site Waste and Recovery Operations.

6. Estimating the Burden and Cost of the Collection Table 1 documents the computation of individual burdens for the recordkeeping and reporting requirements applicable to the industry for the subpart included in this ICR. The individual burdens are expressed under standardized headings believed to be consistent with the concept of burden under the Paperwork Reduction Act. Where appropriate, specific tasks and major assumptions have been identified. Responses to this information collection are mandatory.

The Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB Control Number.

6( a) Estimating Respondent Burden The average annual burden to industry over the next three years from these recordkeeping and reporting requirements is estimated to be 154,306 ( Total Labor Hours from Table 1). These hours are based on Agency studies and background documents from the development of the regulation, Agency knowledge and experience with the NESHAP program, the previously approved ICR, and any comments received.

6( b) Estimating Respondent Costs ( i) Estimating Labor Costs This ICR uses the following labor rates: $ 93.09 per hour for Executive, Administrative, and Managerial labor; $ 64.13 per hour for Technical labor, and $ 39.65 per hour for Clerical labor. These rates are from the United States Department of Labor, Bureau of Labor Statistics, June 2003, " Table 10. Private industry, by occupational and industry group." The rates are from column 1, " Total compensation." The rates have been increase by 110% to account for the benefit packages available to those employed by private industry.

Managerial $ 93.09 ($ 44.33 + 110%) Technical $ 64.13 ($ 30.54 + 110%) Clerical $ 39.65 ($ 18.88 + 110%)]

( ii) Estimating Capital/ Startup and Operation and Maintenance Costs The capital/ start up costs are one time cost when a facility becomes subject to the standard. Since this is based on no new sources over the next three years, capital costs associated 12 with this ICR during this period will be zero. In addition, there is no significant operation and maintenance costs associated with this ICR since sources are not required to installed continuous monitoring systems. The only operational cost that sources will incur is associated with photocopying and postage which would be minimal based on a rate of $ 7.57 per response. There are approximately 708 responses per year ( 708 responses x $ 7.57= $ 5,359.56), for a total annual cost ( O& M) of $ 5,360.

The total operation and maintenance ( O& M) costs for this ICR are $ 5,360. These costs are shown in block 14( b), Total annual costs ( O& M), on the OMB 83 I form.

The total respondent costs in block 14 have been calculated as the addition of the capital/ startup costs, and the annual operation and maintenance costs. The average annual cost for capital/ startup and operation and maintenance costs to industry for the next three years of the ICR are estimated to be $ 5,360. This cost is shown on the OMB 83 I form in block 14( c), Total annualized cost requested. The numbers in block 14 of the OMB 83 I form are rounded to show the cost in thousands of dollars.

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

The average annual Agency cost during the three years of the ICR is estimated to be $ 93,196. This cost is based on the average hourly labor rate at a GS 12, Step 1, times a 1.6 benefits multiplication factor to account for government overhead expenses for a total of $ 39.49. This rate is from the Office of Personnel Management ( OPM) " 2003 General Schedule" which excludes locality rates of pay. Details upon which this estimate is based appear in Table 2: NESHAP for Off Site Waste and Recovery Operations ( 40 CFR part 63, subpart DD).

6( d) Estimating the Respondent Universe and Total Burden and Costs Based on our research for this ICR, approximately 236 existing sources are currently subject to the standard. It is estimated that no additional sources per year will become subject to the regulation in the next three years.

Number of respondents is calculated using the following table which addresses the three years covered by this ICR. 13 Number of Respondents Respondents That Submit Reports Respondents That Do Not Submit Any Reports Year ( A) Number of New Respondents ( B) Number of Existing Respondents ( C) Number of Existing Respondents that keep records but do not submit reports ( D) Number of Existing Respondents That Are Also New Respondents ( E) Number of Respondents ( E= A+ B+ CD

1 0 236 0 0 236 2 0 236 0 0 236 3 0 236 0 0 236 Average 0 236 0 0 236 To avoid double counting respondents column D is subtracted. As shown above, the average Number of Respondents over the three year period of this ICR is 236. This number appears on the OMB 83 I form in block 13( a), Number of respondents.

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

Total Annual Responses ( A) Number of New Respondents ( B) Number of Reports for New Respondents ( C) Number of Existing Respondents ( D) Number of Reports for Existing Respondents ( F) Number of Existing Respondents that keep records but do not submit reports ( E) Total Annual Responses E=( AxB)+( CxD)+ F 0 0 236 3 0 708 The number of Total Annual Responses is 708. This number is shown on the OMB 83 I form in block 13( b), Total annual responses.

The Total Hours Requested is shown on the OMB 83 I form in block 13( c). The total annual labor costs are $ 9,923,473. The annual labor costs are not shown on the OMB 83 I form. Details regarding these estimates may be found in Table 1. Annual Respondent Burden and Cost, NESHAP for Off Site Waste and Recovery Operations ( 40 CFR part 63, subpart DD).

Note that the total annual capital and O& M costs to the regulated entity is $ 5,360. This number is shown on the OMB 83 I form in block 14( c), Total annualized cost requested. These costs are detailed in Section 6( b)( iii), Capital/ Startup vs. Operation and Maintenance 14 ( O& M) Costs.

6( e) Bottom Line Burden Hours Burden Hours And Cost Tables The bottom line burden hours and cost tables for both the Agency and the respondents are attached. The annual public reporting and recordkeeping burden for this collection of information is estimated to average 218 hours per response.

6( f) Reasons for Change in Burden The adjustment decrease in burden from the most recently approved ICR is due to a decrease in the number of sources. The disposal prices for the waste and recovery industry dropped to about 50% over the last ten years, making it difficult for companies to breakeven and stay in business. The industry is going through an adjustment period, but this will take many years before the industry can return to profitability. As a result, a number of plants are being forced to close their operations.

6( g) Burden Statement The annual public reporting and recordkeeping burden for this collection of information is estimated to average 218 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.

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

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number OECA 2003 0031, which is available for public viewing at the Enforcement and Compliance Docket and Information Center in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Ave., N. W., Washington, D. C. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566 1744, and the telephone number for the Enforcement and Compliance Docket and Information Center is ( 202) 566 1752. An electronic version of the public docket is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use EDOCKET to submit or view public 15 comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Once in the system, select " search," then key in the Docket ID Number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, N. W., Washington, D. C. 20503, Attention: Desk Office for EPA. Please include the EPA Docket ID Number OECA 2003 0031 and OMB Control Number 2060 0313 in any correspondence.

Part B of the Supporting Statement This part is not applicable because no statistical methods were used in collecting this information. 16 TABLE 1: Annual Industry Burden  NESHAP for Off Site Waste Recovery Operations ( 40 CFR part 63, subpart DD) ( Renewal)

Burden Item ( A) Hours per Occurrence ( B) Occurrences/

Respondent/

year ( C) Hours/ Respondent/

year ( AxB) ( D) Respondents per year ( E) Hours per year ( CxD) ( F)

Cost/ year ( E x $ 64.13) a 1. APPLICATIONS Not Applicable 2. SURVEY AND STUDIES Not Applicable 3. ACQUISITION, INSTALLATION AND b USE OF TECHNOLOGY & SYSTEMS 80 1 80 0 0 $ 0 4. REPORTING REQUIREMENTS New Sources A. Read instructions b& c 4 1 40 0 0 $ 0 B. Required Activities Included in 5 C. Create information Included in 5 $ 0 D. Gather existing information b& d 8 1 8 0 0 $ 0 E. Write reports Initial notification report b& e 1 1 1 0 0 $ 0 Performance test notification b& e 1 1 1 0 0 $ 0 Compliance status notification b& e 2 1 2 0 0 $ 0 Performance test reports b& e 8 1 8 0 0 $ 0 Startup/ shutdown/ malfunction reports 2 1 2 236 472 $ 30,269 Semiannual summary report f 4 2 8 236 1,888 $ 121,077 5. RECORDKEEPING REQUIREMENTS A. Read instructions b 8 1 8 0 0 $ 0 17 B. Plan activities b 40 1 40 0 0 $ 0 C. Implementation activities a. VOHAP Concentration Determination Commercial facilities g Other facilities h 22 260 12 520 24 118 118 61,360 2,832 $ 3,935,016 $ 181,616 b. Vapor pressure determination Commercial facilities g Other facilities h 11 260 12 260 12 118 118 30,680 1,416 $ 1,967,508 $ 90,808 c. Control equipment visual inspection Large cover Small cover Closed vent system 15 min 3 min 30 min 10 1,000 5 2.5 50 2.5 236 236 236 590 11,800 590 $ 37,837 $ 756,734 $ 37,837 d. Control equipment leak monitoring Cover vented to control device Closed vent system 11 5 5 5 5 236 236 1,180 1,180 $ 75,673 $ 75,673 e. Control devices Performance determination b Continuous monitoring system 40 8 1 5 40 40 0 236 0 9,440 $ 0 $ 605,387 f. LDAR program Identify affected waste streams b Perform monitoring/ repair i 40 80 1 1 40 80 0 47 0 3,760 $ 0 $ 241,129 D. Develop record system b Control equipment LDAR program 16 40 1 1 16 40 0 0 0 0 $ 0 $ 0 E. Time to enter information Cover designs b Control device design b Control equipment testing b Control equipment inspections Control equipment monitoring Control device CMS LDAR program Off Site material determinations 40 40 1 1 1 1 4 1 1 1 1 1 1 52 16 52 40 40 1 1 1 52 64 52 0 0 0 236 236 236 47 236 0 0 0 236 236 12,272 3,008 12,272 $ 0 $ 0 $ 0 $ 15,135 $ 15,135 $ 787,003 $ 192,903 $ 787,003 F. Time to train personnel b Waste determination methods Control equipment inspect & monitor LDAR program 40 40 40 111 40 40 40 000 0 0 0 $ 0 $ 0 $ 0 18 G. Time for audit Not Applicable TOTAL ANNUAL BURDEN ( rounded) 154,306 $ 9,923,473 Assumptions:

a. Assume a technical labor rate of $ 64.13 from the United States Department of Commerce Bureau of Labor Statistics, March 2003, Table 2: Employment Costs of Civilian Workers by Occupational and Industry Group. The rates are from column 1: Total compensation. The wage rate obtained from the table has been increased by 110% to account for the benefit packages available to those employed by private industry.

b. This activity is performed once during the year following promulgation of the rule.

c. It is assumed that it will take 4 hours to read instructions.

d. Assume that it will take eight hours to gather existing information.

e. Assume that there will be no new sources.

f. The burden of one an annual summary report was included in the burden estimate for the semiannual report.

g. It is assumed that at 50% of the facilities the owner or operator manages for a fee off site materials received from other generators.

h. It is assumed that 50% of the owner or operator accepts the off site material at another location and ships it to the facility for storage, treatment, or disposal.

i. Assume that 20% of 236 facilities will perform monitoring/ repair. 19 Table 2: AVERAGE Annual EPA Burden  NESHAP for Off Site Waste Recovery Operations ( 40 CFR part 63, subpart DD) ( Renewal)

Burden Item ( A)

EPA hrs/ Occurrence ( B) Occurrences plant/ year ( C)

EPA hrs/

plant/ year ( AxB) ( D)

Labor Cost per/ year ( Cx $ 39.49) a ( E) Annual EPA Direct ($/ yr) ( F)

EPA Cost ($/ Yr)

( D+ E)

1. REPORT REVIEW New Plants b Initial Notification 2 1 2 $ 0 $ 0 $ 0 Performance Test Notification 1 1 1 $ 0 $ 0 $ 0 Compliance Status Notification 4 1 4 $ 0 $ 0 $ 0 Performance Test Report c 16 1 16 $ 0 $ 0 $ 0 Existing Plants Startup/ Shutdown Report d 2 236 472 $ 18,639 $ 0 $ 18,639 Semiannual Summary Report e 4 472 1,888 $ 74,557 $ 0 $ 74,557 Travel expenses f ( 1 person x 0 plant/ year x 3 days/ plant x 75 per diem)+

($ 350 round trip/ plant x o plant/ year) $ 0 $ 0 $ 0 TOTAL ANNUAL EPA BURDEN ( rounded) 2,360 $ 93,196 $ 0 $ 93,196 Assumptions:

a. The cost is based on the average hourly labor rate at a GS 12, Step 1, times a 1.6 benefits multiplication factor to account for government overhead expenses for a total of $ 39.49. This rate is from the Office of Personnel Management ( OPM) " 2003 General Schedule" which excludes locality rates of pay.

b. Assume that there will be no new sources ( respondents) over the 3 years period of this Information Collection Request ( ICR).

c. Assumes that it would take 16 hrs to review performance test report.

d. Estimated number of facilities subject to the rule is 236.

e. Assumes that here will be two reports submitted by each of the 236 facilities on an annual basis.

f. There will be no travel expenses associated with this ICR since we have assumed that no new sources will become subject to this rule over the three year period of this ICR.


PAPERWORK REDUCTION ACT SUBMISSION WORKSHEET

Part II: Information Collection Detail

IMPORTANT:  A separate Part II must be completed for each Information Collection (IC) activity associated with the ICR.  If more than one Part II is required, create a separate Part II document for each IC.  For more information see OEI’s ICR website at   HYPERLINK "http://intranet.epa.gov/icrintra/"  http://intranet.epa.gov/icrintra/ .  There you will find information on completing this form (see OEI’s ICRAS instructions under the Prepare an ICR tab) and information on how break your ICR into ICs (see OMB’s ROCIS IC Q&A under the Download Guidance tab).

1. Title of Information Collection:    FORMTEXT  8-hour Ozone National Ambient Air Quality Standard Implementation Rule (Renewal)

2. Is this a common form?

  FORMCHECKBOX    Yes

  FORMCHECKBOX    No

(Select Yes to identify forms that EPA is willing to host for potential use by other Federal Agencies.)

	3. Obligation to respond (check one):

       FORMCHECKBOX    Voluntary

       FORMCHECKBOX    Required to obtain or retain benefits

       FORMCHECKBOX     Mandatory

Note: Only one selection may be made.  If multiple categories apply, you must create additional ICs to account for the burden associated with each category.	4. Frequency of reporting (only to be completed if there are reporting requirements, check all that apply):

  FORMCHECKBOX    Hourly

  FORMCHECKBOX    Daily

  FORMCHECKBOX    Weekly

  FORMCHECKBOX    Monthly

  FORMCHECKBOX    Yearly	    FORMCHECKBOX    Every Decade

    FORMCHECKBOX    Quarterly

    FORMCHECKBOX    Semi-Annually

  FORMCHECKBOX    Biennially

  FORMCHECKBOX    Once

  FORMCHECKBOX    Occasionally

5.  CFR Citation(s) for the information collection under review (if applicable):

Title    FORMTEXT  40   Part    FORMTEXT  51   Section    FORMTEXT  908

Title    FORMTEXT  40   Part    FORMTEXT  51   Section    FORMTEXT  910

Title    FORMTEXT  40   Part    FORMTEXT  51   Section    FORMTEXT  912

Title    FORMTEXT          Part    FORMTEXT          Section    FORMTEXT

6. Information Collection Instruments/Forms (if applicable) :

Form Name:    FORMTEXT

Form Number:    FORMTEXT

URL (required if electronic) :    FORMTEXT

Is this form available electronically?        FORMCHECKBOX    Yes        FORMCHECKBOX    No

If yes, can this form be submitted electronically?        FORMCHECKBOX    Yes        FORMCHECKBOX    No

Form Name:    FORMTEXT

Form Number:    FORMTEXT

URL (required if electronic) :    FORMTEXT

Is this form available electronically?        FORMCHECKBOX    Yes        FORMCHECKBOX    No

If yes, can this form be submitted electronically?        FORMCHECKBOX    Yes        FORMCHECKBOX    No

Form Name:    FORMTEXT

Form Number:    FORMTEXT

URL (required if electronic) :    FORMTEXT

Is this form available electronically?        FORMCHECKBOX    Yes        FORMCHECKBOX    No

If yes, can this form be submitted electronically?        FORMCHECKBOX    Yes        FORMCHECKBOX    No

Attach additional sheets if necessary.

Note: Instruments/Forms must be submitted/uploaded as a separate attachment.

7.  Federal Enterprise Architecture Business Reference Model:

Line of Business (check one) :                                                                         Subfunction (check one) :

  FORMCHECKBOX    Environmental Management

  FORMCHECKBOX    Environmental Monitoring and Forecasting

  FORMCHECKBOX    Environmental Remediation

  FORMCHECKBOX    Pollution Prevention and Control

  FORMCHECKBOX    Health

  FORMCHECKBOX    Illness Prevention

  FORMCHECKBOX    Immunization Management

  FORMCHECKBOX    Public Health Monitoring

  FORMCHECKBOX    Health Care Services

  FORMCHECKBOX    Consumer Health and Safety

  FORMCHECKBOX    Natural Resources

  FORMCHECKBOX    Water Resource Management

  FORMCHECKBOX    Conservation, Marine and Land Management

  FORMCHECKBOX    Recreational Resource Management and Tourism

  FORMCHECKBOX    Agricultural Innovation and Services

Note: Most EPA ICRs will be aligned with the Environmental Management FEA Line of Business.  Other likely categories are also listed.  For a full listing of the FEA Business Reference Model categories and definitions, see:   HYPERLINK "http://www.whitehouse.gov/omb/egov/documents/FY07_Ref_Model_Mapping_Qui ckGuide.pdf"  http://www.whitehouse.gov/omb/egov/documents/FY07_Ref_Model_Mapping_Quic kGuide.pdf .

8. Privacy Act System of Records (if applicable) :

Title:    FORMTEXT

Federal Register Citation:    Volume    FORMTEXT            Page Number    FORMTEXT            Publication Date    FORMTEXT

9. Respondents

Total Number:    FORMTEXT  21

Small Entity Number:    FORMTEXT  0

Percentage of responses collected electronically:    FORMTEXT  20

Affected Public (check one) :

  FORMCHECKBOX    Individuals or Households

  FORMCHECKBOX    Private Sector (if private sector, check all that apply)

                  FORMCHECKBOX    Business or other for-profit

                  FORMCHECKBOX    Not-for-profit institutions

                  FORMCHECKBOX    Farms

  FORMCHECKBOX    State, Local, or Tribal Governments

  FORMCHECKBOX    Federal Government

Note:  Only one selection may be made.  If multiple categories apply, you must create additional ICs to account for the burden associated with each category.  Selecting multiple subcategories within “Private Sector” will not affect then number of ICs required.

10. Frequency: How often on average will each respondent respond to the Information Collection?

Calculated Annual Frequency:    FORMTEXT  2

   (responses per respondent per year)

Calculated Annual Number of Responses:    FORMTEXT  39

  FORMCHECKBOX    Year

  FORMCHECKBOX    Hour

  FORMCHECKBOX    Business hour

  FORMCHECKBOX    Day

  FORMCHECKBOX    Business Day

  FORMCHECKBOX    Week

  FORMCHECKBOX    Month

  FORMCHECKBOX    Decade

  FORMCHECKBOX    Quarter

  FORMCHECKBOX    Half-year

Number of Respondents   FORMTEXT  41   per

	11. Hour and Cost Burden: Enter the hours and cost (per response) broken out by reporting, record keeping, and third party disclosure:

Hours per Response

Total Annual Hour Burden

Cost per Response

Total Annual Cost Burden

Reporting

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IMPORTANT: “Cost per Response” and “Total Annual Cost Burden” should include Capital/Startup and O&M costs only.

12. Annual Responses and Burden Change

Total Requested

Program Change due to New Statute

Program Change due to Agency Discretion

Change due to Adjustment in Agency Estimate

Change due to Violation of the PRA

Currently Approved

Annual Responses

  FORMTEXT  39

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  FORMTEXT  30

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  FORMTEXT  6667

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  FORMTEXT  0

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 PAGE

 PAGE   4

Revised 9/1/2006


[Federal Register: February 25, 2008 (Volume 73, Number 37)]
[Notices]
[Page 10013-10014]
[DOCID:fr25fe08-54]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12876-000]

Hydro Green Energy, LLC; Notice of Application Accepted for
Filing and Soliciting Motions To Intervene, Protests, and Comments

February 15, 2008.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Preliminary Permit.
    b. Project No.: 12876-000.
    c. Date Filed: July 24, 2007.
    d. Applicant: Hydro Green Energy, LLC.
    e. Name of Project: Maine 1 Project.
    f. Location: The project would be located on Lubec Narrows in
Washington County, Maine. The project uses no dam or impoundment.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Wayne F. Krouse, Hydro Green Energy, LLC,
5090 Richmond Avenue 390, Houston, TX 77056, phone (877) 556-
6566.
    i. FERC Contact: Robert Bell,<PHONE_NUMBER>.
    j. Deadline for filing comments, protests, and motions to
intervene: 60 days from the issuance date of this notice.
    All documents (original and eight copies) should be filed with:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426. Comments, protests, and
interventions may be filed electronically via the Internet in lieu of
paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the
Commission's Web site under the ``e-Filing'' link. The Commission
strongly encourages electronic filings. Please include the project
number (P-12876-000) on any comments or motions filed.
    The Commission's Rules of Practice and Procedure require all
intervenors

filing documents with the Commission to serve a copy of that document
on each person in the official service list for the project. Further,
if an intervenor files comments or documents with the Commission
relating to the merits of an issue that may affect the responsibilities
of a particular resource agency, they must also serve a copy of the
document on that resource agency.
    k. Description of Project: The proposed project consists of: (1) 15
proposed 350 kilowatt dual ducted horizontal axis hydrokinetic
generating units having a total installed capacity of 5 megawatts, (2)
a proposed 800-foot-long, 13.6-kV transmission line, and (3)
appurtenant facilities. The Hydro Green Energy, LLC's project would
have an average annual generation of 24.65 gigawatt-hours and be sold
to a local utility.
    l. Locations of Applications: A copy of the application is
available for inspection and reproduction at the Commission in the
Public Reference Room, located at 888 First Street, NE., Room 2A,
Washington DC 20426, or by calling<PHONE_NUMBER>. This filing may also
be viewed on the Commission's Web site at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item h
above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Competing Preliminary Permit: Anyone desiring to file a
competing application for preliminary permit for a proposed project
must submit the competing application itself, or a notice of intent to
file such an application, to the Commission on or before the specified
comment date for the particular application (see 18 CFR 4.36).
Submission of a timely notice of intent allows an interested person to
file the competing preliminary permit application no later than 30 days
after the specified comment date for the particular application. A
competing preliminary permit application must conform with 18 CFR 4.30
and 4.36.
    o. Competing Development Application: Any qualified development
applicant desiring to file a competing development application must
submit to the Commission, on or before a specified comment date for the
particular application, either a competing development application or a
notice of intent to file such an application. Submission of a timely
notice of intent to file a development application allows an interested
person to file the competing application no later than 120 days after
the specified comment date for the particular application. A competing
license application must conform with 18 CFR 4.30 and 4.36.
    p. Notice of Intent: A notice of intent must specify the exact
name, business address, and telephone number of the prospective
applicant, and must include an unequivocal statement of intent to
submit, if such an application may be filed, either a preliminary
permit application or a development application (specify which type of
application). A notice of intent must be served on the applicant(s)
named in this public notice.
    q. Proposed Scope of Studies under Permit: A preliminary permit, if
issued, does not authorize construction. The term of the proposed
preliminary permit would be 36 months. The work proposed under the
preliminary permit would include economic analysis, preparation of
preliminary engineering plans, and a study of environmental impacts.
Based on the results of these studies, the Applicant would decide
whether to proceed with the preparation of a development application to
construct and operate the project.
    r. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper. See 18 CFR 385.2001 (a)(1)(iii) and
the instructions on the Commission's Web site under ``e-filing'' link.
The Commission strongly encourages electronic filing.
    s. Filing and Service of Responsive Documents: Any filings must
bear in all capital letters the title ``COMMENTS'', ``COMPETING
APPLICATION'', ``RECOMMENDATIONS FOR TERMS AND CONDITIONS'',
``PROTEST'', or ``MOTION TO INTERVENE'', as applicable, and the Project
Number of the particular application to which the filing refers. Any of
the above-named documents must be filed by providing the original and
the number of copies provided by the Commission's regulations to: The
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. A copy of any motion to intervene must also be
served upon each representative of the Applicant specified in the
particular application.
    t. Agency Comments: Federal, State, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E8-3499 Filed 2-22-08; 8:45 am]

BILLING CODE 6717-01-P


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON D.C., 20460

Office of Prevention

Pesticides and

Toxic Substances

								PC Code: 044301

DP Barcode: 310547

Date: February 10, 2006

MEMORANDUM

SUBJECT:	Review of the 60-day Public Comments on the Level 1 Screening
Ecological Risk Assessment for the Reregistration of Dodine

TO:	Cathryn O’Connell, Chemical Review Manager

	Tom Myers, Risk Manager

	Special Review and Reregistration Division

FROM:	Marietta Echeverria, Environmental Scientist

	Environmental Risk Branch IV

	Environmental Fate and Effects Division

THROUGH:	Elizabeth Behl, Branch Chief

	Environmental Risk Branch IV

	Environmental Fate and Effects Division

	The Environmental Fate and Effects Division (EFED) has completed review
of public comments received from the technical registrants,
Chimac-Agriphar S.A., on the ecological risk assessment in support of
the reregistration eligibility decision (RED) for dodine. 	The comments,
in full, can be found in the registrants letter (Chimac-Agriphar; dated
January 17, 2006).

	In summary, the registrants reiterate their objection to the calculated
aerobic aquatic metabolism half-lives used in the risk assessment for
dodine (MRID 46438202).  Specifically, the registrants object to the
fact that nonextractable residues were considered non-degraded parent
dodine in the half-life calculations.  The extractions in the study were
performed with methanol, dichloromethane and hexane.   In addition, for
one sample of each sediment type, a Soxhlet extraction was also
performed.  The registrants believe “…that based on the results of
the given “harsh” extraction methods, only half or less of the bound
residues is non-degradable and could be available as parent Dodine under
a worst case scenario.”

	The registrants also point out a significant difference in their
calculated half-lives from those reported by the Agency.  The
registrants suggest that the difference is probably due to the fact that
the Agency used a log/linear model to calculate the half-lives versus
the approach they used with “Model Manager” (model not specified).

 EFED Response:

As reported in Appendix B of the risk assessment and in the response to
“error-only comments”, the sediment extraction method in the aerobic
aquatic metabolism study (MRID 46438202) consisted of organic solvents
(methanol/dichloromethane/ n-hexane) and resulted in a substantial
proportion of nonextractable residues.   In the two systems,
nonextractable [14C] residues were a maximum of 57.7% and 33.4% of the
applied at 1 day and were 33.4% and 13.8% at 84 days. The acid/base
extraction method (KOH in methanol/ HCl in methanol) used in the aerobic
soil metabolism study (MRID 4394520) and the aerobic aquatic metabolism
study for DGH (MRIDs 42327401, 42414601) was more efficient at
extracting residues.  In the aerobic soil metabolism study (MRID
4394520), nonextractable residues peaked at 10.8% and 11.4% at day 10 in
both soils and decreased to 2.7% and 2.9%  at the conclusion of the
study (day 100).  In the aerobic aquatic metabolism study for DGH,
nonextractable residues averaged 5.3% at the conclusion of the study
(day 30).

Given the noted differences in the amount of nonextractable residues
reported from the two extraction techniques, EFED assumed that the
nonextractable residues in the aerobic aquatic metabolism were
non-degraded parent dodine.  This approach is consistent with the level
of assessment that was being conducted (i.e., Level I Screening Risk
Assessment).  EFED agrees that this is a conservative approach and is
likely to result in an overestimation of environmental exposure
concentrations of longer-term duration (chronic).  For peak
concentrations (acute) as modeled with PRZM/EXAMS, however, the
conservative input for aerobic aquatic metabolism is not expected to
have a large effect since peak concentrations are calculated from peak
loading events prior to degradation in the water body.  The
registrants’ assertion that only “half or less” of the bound
residues should be considered non-degraded parent dodine as a worse case
scenario is not supported by data.

	EFED agrees that the differences in their calculated half-lives and
those reported by the Agency are probably due to the different models
used in the calculations.

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