[Federal Register Volume 82, Number 246 (Tuesday, December 26, 2017)]
[Rules and Regulations]
[Pages 60901-60906]
[FR Doc No: 2017-27801]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1987-0002; FRL-9972-38-Region 3]

National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Deletion of the C&D Recycling Superfund Site

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region III is
publishing a direct final Notice of Deletion of the C&D Recycling
Superfund Site (Site), located in Foster Township, Pennsylvania, from
the National Priorities List (NPL). The NPL, promulgated pursuant to
section 105 of the Comprehensive Environmental Response, Compensation,
and Liability Act (CERCLA) of 1980, as amended, is an appendix of the
National Oil and Hazardous Substances Pollution Contingency Plan (NCP).
This direct final deletion is being published by EPA with the
concurrence of the Commonwealth of Pennsylvania (Commonwealth), through
the Pennsylvania Department of Environmental Protection (PADEP),
because EPA has determined that all appropriate response actions under
CERCLA have been completed. However, this deletion does not preclude
EPA from taking future actions at the Site under Superfund.

DATES: This direct final deletion is effective February 26, 2018 unless
EPA receives adverse comments by January 25, 2018. If adverse comments
are received, EPA will publish a timely withdrawal of the direct final
deletion in the Federal Register informing the public that the deletion
will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-1987-0002 at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The 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. The 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, 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: Gregory Voigt, Remedial Project
Manager, U.S. Environmental Protection Agency, Region III, Mail Code
3HS21, 1650 Arch Street, Philadelphia, PA 19013,<PHONE_NUMBER>, email:
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Site Deletion
V. Deletion Action

I. Introduction

    EPA Region III is publishing this direct final Notice of Deletion
of the C&D Recycling Superfund Site, from the National Priorities List
(NPL). The NPL constitutes Appendix B of 40 CFR part 300, which is the
Oil and Hazardous Substances Pollution Contingency Plan (NCP), which
EPA promulgated pursuant to section 105 of the Comprehensive
Environmental Response, Compensation and Liability Act (CERCLA) of
1980, as amended. EPA maintains the NPL as the list of sites that
appear to present a significant risk to public health, welfare, or the
environment. Sites on the NPL may be the subject of remedial actions
financed by the Hazardous Substance Superfund (Fund). As described in
Sec.  300.425(e)(3) of the NCP, sites deleted from the NPL remain
eligible for Fund-financed remedial actions if future conditions
warrant such actions.
    Section II of this document explains the criteria for deleting
sites from the NPL. Section III discusses procedures that EPA is using
for this action. Section IV discusses the Site and demonstrates how it
meets the deletion criteria. Section V discusses EPA's action to delete
the Site from the NPL unless adverse comments are received during the
public comment period.

II. NPL Deletion Criteria

    The NCP establishes the criteria that EPA uses to delete sites from
the NPL. In accordance with 40 CFR 300.425(e), sites may be deleted
from the NPL where no further response is appropriate. In making such a
determination pursuant to 40 CFR 300.425(e), EPA will consider, in
consultation with the state, whether any of the following criteria have
been met:
    i. Responsible parties or other persons have implemented all
appropriate response actions required;
    ii. All appropriate Fund-financed response under CERCLA has been
implemented, and no further response action by responsible parties is
appropriate; or
    iii. The remedial investigation has shown that the release poses no
significant threat to public health or the environment and, therefore,
the taking of remedial measures is not appropriate.
    EPA may initiate further action to ensure continued protectiveness
at a deleted site if new information becomes available that indicates
it is appropriate. Whenever there is a significant release from a site
deleted from the NPL, the deleted site may be restored to the NPL
without application of the hazard ranking system.

III. Deletion Procedures

    The following procedures apply to deletion of the Site:
    (1) EPA consulted with the Commonwealth prior to developing this
direct final Notice of Deletion and the Notice of Intent to Delete co-
published

today in the ``Proposed Rules'' section of the Federal Register.
    (2) EPA has provided the Commonwealth 30 working days for review of
this direct final Notice of Deletion and the parallel Notice of Intent
to Delete prior to their publication today, and the Commonwealth,
through PADEP, has concurred on the deletion of the Site from the NPL.
    (3) Concurrently with the publication of this direct final Notice
of Deletion, a notice of the availability of the parallel Notice of
Intent to Delete is being published in a major local newspaper, the
Standard Speaker. The newspaper notice announces the 30-day public
comment period concerning the Notice of Intent to Delete the Site from
the NPL.
    (4) EPA placed copies of documents supporting the proposed deletion
in the deletion docket and made these items available for public
inspection and copying at the Site information repositories identified
above.
    (5) If adverse comments are received within the 30-day public
comment period on this deletion action, EPA will publish a timely
notice of withdrawal of this direct final Notice of Deletion before its
effective date and will prepare a response to comments and continue
with the deletion process on the basis of the Notice of Intent to
Delete and the comments already received.
    Deletion of a site from the NPL does not itself create, alter, or
revoke any individual's rights or obligations. Deletion of a site from
the NPL does not in any way alter EPA's right to take enforcement
actions, as appropriate. The NPL is designed primarily for
informational purposes and to assist EPA management. Section
300.425(e)(3) of the NCP states that the deletion of a site from the
NPL does not preclude eligibility for future response actions, should
future conditions warrant such actions.

IV. Basis for Site Deletion

    The following information provides EPA's rationale for deleting the
Site from the NPL:

Site Background and History

    The C&D Recycling Superfund Site (the Site) (CERCLIS ID
PAD021449244) encompasses approximately 110 acres and is located in a
rural area along Brickyard Road in Foster Township, Luzerne County,
Pennsylvania. From 1963 to 1978, Lurgan Corporation operated a metal
reclamation facility at the Site. In 1979, the business was conveyed to
C&D Recycling, Inc. Both Lurgan Corporation and C&D Recycling, Inc.'s
operations involved the reclamation of metals (i.e., copper and/or
lead) from cable and/or scrap metal transported to the Site. Available
documentation suggests that lead was recovered from cable and wire
until the mid-1970's, after which limited burning of lead cable at the
Site occurred. Typical Site operations involved mechanical removal of
the outer plastic casing and burning of the inner lining, sheathing or
insulation to expose the copper cable in one of five furnaces located
at the Site. The copper was returned to the generator and the plastic
casing was stockpiled at the Site. Site operations ceased in 1984.
Currently, portions of the Site are being used as a wildlife refuge,
while other portions are either undeveloped, or contain private
residences.
    EPA and PADEP collected analytical data in 1984 and 1985 to
evaluate the relative hazards posed by the Site in the Hazard Ranking
System (HRS). An HRS score of 43.92 was calculated for the Site in
April 1985, based primarily upon the elevated levels of contamination
in Site soils, and sediment suspended within the shallow dairy farm
well existing at the Site. In September 1985, EPA proposed the Site for
inclusion on the NPL (50 FR 37630). The Site was placed on the NPL on
February 21, 1990 (55 FR 6154). In April 1986, PADEP requested that EPA
take the lead on the Site response action.
    EPA entered into an Administrative Order on Consent, Docket Number
III-87-30-DC, on September 1, 1987, which was subsequently amended in
June 1988, Docket Number III-87-31-DC, (collectively Consent Order)
with AT&T Nassau Metals Corporation (Nassau) under which Nassau was
required to: (1) Implement erosion controls and security measures to
stabilize the Site; and (2) investigate the nature and extent of
contamination and risks and develop alternatives to address the
contamination at the Site. Nassau was the only potentially responsible
party (PRP) to cooperate with EPA with respect to Site response
actions. At the time of the Consent Order, Nassau was a wholly owned
subsidiary of Lucent Technologies, Inc. (Lucent). Lucent subsequently
merged with Alcatel SA of France on December 1, 2006 to form Alcatel-
Lucent SA. For clarity, Nassau and Lucent will hereinafter collectively
be referred to as the PRP.
    The PRP conducted the following removal action activities under the
Consent Order:
     Consolidation and covering of ash piles at the Site;
     Construction of sedimentation and erosion controls to
minimize migration of contaminated soil from the Site in surface water
runoff;
     Installation of fencing and seeding to prevent exposure to
contaminated soil areas; and
     Removal of piles of cable casings and transport off-site
for recycling.

Remedial Investigation and Feasibility Study (RI/FS)

    The RI/FS was initiated at the Site in September 1987. The final
RI/FS Report was completed in January 1992 and approved by EPA in March
1992. The area of contamination identified in the RI/FS Report included
the following:
     Approximately 26,273 cubic yards (yds \3\) of soil
contaminated with lead, copper, antimony and/or other contaminants;
     Several small piles of ash (approximately 165 yds \3\)
resulting from the burning of material at the Site contaminated with
lead, copper, and low levels of dioxins and furans;
     Approximately 1,200 linear feet of Mill Hopper Creek (the
Creek) containing sediment contaminated with lead, copper, and zinc;
     A 0.5-acre pond (Mill Hopper Pond or the Pond) with
contaminated sediment (approximately 1,900 yds \3\);
     Abarn and milkhouse used when the property at the Site was
a dairy farm;
     A main facility building including four furnaces used to
burn cable;
     An underground storm water sewer system, which contained
approximately 24 yds \3\ of contaminated sediment; and
     A small isolated furnace once used to burn cable.

Selected Remedy

    EPA issued the Record of Decision (ROD) for the Site on September
30, 1992. The Remedial Action Objectives (RAOs) specified in the ROD
consisted of:
    1. Protection of human health and the environment;
    2. Source control and prevention of migration of contamination from
the Site via wind and surface water transport;
    3. Source control of contaminants in soil such that leaching of
contamination to groundwater will not occur in the future;
    4. Source control of soil, sediment, and ash with lead
concentrations greater than 500 parts per million (ppm);
    5. Decontamination of Site buildings; and
    6. Prevention to exposure to contaminants.
    The remedy selected in the ROD (Selected Remedy) addressed
contaminated soil, ash, sediment,

buildings, and structures and consisted of the following components:
    1. Confirmation, e.g., via sampling, of the areal limits of soil
and sediment with lead contamination above 500 ppm (including soil
beneath buildings and concrete slabs constructed after 1963 as well as
pavement and sediment in Mill Hopper Creek and wetlands);
    2. Performance of a Phase 1B archeological survey in areas
possessing high or moderate archeological sensitivity potentially
impacted by the Remedial Action;
    3. Removal and off-Site disposal and/or recycling of casing and
wire;
    4. Excavation of all soil with lead contamination above 500 ppm
resulting from Site operations (excluding soil beneath buildings and
concrete slabs constructed after 1963, or pavement which shall
otherwise be maintained to prevent migration of contamination from the
Site);
    5. Excavation of sediment from the banks of Mill Hopper Pond with
lead levels greater than 500 ppm and excavation of the top two feet of
sediment (or an amount sufficient to secure a new substrate) from the
pond bottom to ensure that pond water quality is not impacted;
    6. Removal of sediment within Mill Hopper Creek contaminated with
lead above 500 ppm;
    7. Removal and sampling of all sediment located within the storm
water sewer system located at the Site and evaluation of the system's
integrity (including drainage ditches) to determine the potential for
releases of hazardous substances from the Site into the soil and ground
water and any necessary response actions;
    8. Excavation of all ash located at the Site;
    9. Post excavation/removal sampling to confirm that ash, soil and
sediment cleanup levels are met;
    10. On-Site stabilization of the contaminated soil and sediment,
excavated and removed as described above, to remove any characteristic
of hazardous waste;
    11. On-Site stabilization of the contaminated ash, excavated as
described above, to remove any characteristic of hazardous waste;
    12. Off-Site disposal of stabilized soil, sediment, and ash into a
non-hazardous (RCRA Subtitle D) waste disposal facility;
    13. Decontamination of Site buildings with lead levels in walls and
floors above 500 ppm, including dismantling of non-structural
components and removal of equipment and debris which may inhibit
decontamination to required levels, or demolition of buildings that
cannot be cleaned to 500 ppm lead;
    14. Dismantling of the old furnace and other structures, as
necessary, which inhibit soil or sediment remediation and which shall
not be maintained, as necessary, to prevent migration of contaminants
from the Site;
    15. Off-Site disposal of material generated from dismantling of
Site buildings into a non-hazardous (Subtitle D) waste disposal
facility or decontamination and recycling of dismantled material;
    16. Performance of biota toxicity tests on remaining soil and
sediment to ensure that remediated soil (i.e., soil with lead levels no
higher than 500 ppm) does not pose a threat to the environment
(procedures to be determined during Remedial Design);
    17. Site grading, revegetation, and related work, to ensure that
Site topography and drainage ways adequately convey water from the
Site, and that soil excavation does not result in low lying areas;
    18. Air monitoring during on-Site activities, and implementation of
dust control or other necessary abatement actions to prevent migration
of contaminants to the surrounding community during the Remedial
Action;
    19. Abandoning wells which serve no useful long-term purpose;
    20. Periodic monitoring of ground water and surface water; and
    21. If the soil beneath pavement, or soil beneath buildings and
concrete slabs constructed after 1963, contains concentrations of lead
greater than 500 ppm and these structures are not demolished, then
institutional controls, (e.g., deed restrictions) will be implemented
to prevent residential use potentially affecting the protectiveness of
the Selected Remedy, and to ensure that Site contaminants which may
remain beneath buildings and pavement are properly identified.
    Consistent with the Site RAOs, the Selected Remedy included
decontamination and/or demolition of contaminated buildings and
structures; stabilization of contaminated soil, ash, and sediment with
lead levels greater than 500 ppm, as needed; and disposal of the
stabilized and/or decontaminated material into an off-Site landfill. As
stated in the ROD, EPA determined that the selected soil cleanup level
of 500 ppm lead (i.e., no confirmatory sample collected shall exceed
500 ppm) is protective of human health and would not impact the
environment. The cleanup level of 500 ppm ensures that the average soil
lead level remaining on any two-acre plot is less than approximately
235 ppm, including theoretical residential plots located on the Site.
Thus, EPA determined that residual soil lead levels remaining at the
Site are protective.

Response Actions

    All Remedial Design (RD), Remedial Action (RA) and Operation and
Maintenance (O&M) activities for the Site were conducted in accordance
with a Unilateral Administrative Order (UAO) which was issued to the
PRP on August 9, 1994 (EPA Docket No. III-94-18-DC). The UAO was
subsequently converted to a Consent Decree that was signed and lodged
with the District Court for the Western District of Pennsylvania on
July 22, 1998 (Consent Decree) (Civil Action No. 3:96-CV-562).
    The RD was performed from October 1996 through February 1997 and
approved by EPA on May 8, 1998. During the RD phase, Site preparation
work involved the removal of various types of debris and cable casings
from the Site, as well as demolition and off-Site disposal of the old
furnace.
    Construction of the RA was conducted between February 1998 and
August 1999. EPA approved the September 27, 2000 Remedial Action
Completion Report (RACR) documenting completion of the RA. Biotoxicity
sampling of the Pond and Creek and well abandonment, as selected in the
ROD, were completed in 2003 and 2002, respectively. In June 2016, EPA
approved the Work Completion Certification and Report (WCCR)
documenting completion of these remaining components of the Selected
Remedy.

Performance Standards

    The 2000 RACR documented that the RA had attained the following
Performance Standards as specified in the ROD:
    1. The Phase IB Archeological Survey shall comply with Guidelines
on Archaeology and Historic Preservation, 48 FR.44716-42 (September 29,
1983), 36 CFR parts 65 and 800.
    2. Site activity shall not cause exceedance of Pennsylvania Water
Quality Standards in Mill Hopper Creek, 25 PA Code Sec. Sec.  93.3
through 93.8, or exceedance of background water quality in Mill Hopper
Creek should background quality exceed Pennsylvania Water Quality
Standards, 25 PA Code Sec.  93.5 and water quality criteria for toxic
substances of 25 PA Code Chapter 16. However, compliance with Chapter
16 regulations will consider the ambient background water quality of
Mill Hopper Creek and Mill Hopper Pond.

    3. The stabilization process and/or earth moving shall not generate
dust exceeding National Ambient Air Quality Standards within 100 feet
of the Area of Contamination [Clean Air Act section 109, National
Primary and Secondary Ambient Air Quality Standards for lead, 40 CFR
50.12, and particulate matter, 40 CFR 50.6 and 40 CFR part 52, subpart
NN] [Pennsylvania's Air Pollution Control Act, 25 PA Code Sec. Sec.
123.1 et. seq, and 131.1 et. seq.]. Dust suppression methods, e.g.,
wind screens, water spray, or chemical agents, shall be utilized to
minimize dust. Air monitoring shall be performed in accordance with 40
CFR part 50, Appendix G [25 PA Code Sec. Sec.  123.1 et. seq. and 131.1
et. seq.].
    4. Excavation and consolidation of the soil, sediment and ash shall
comply with the Pennsylvania Erosion Control Regulations, 25 PA Code
Sec. Sec.  102.1 et. seq., Pennsylvania's Air Pollution Control Act, 25
PA Code Sec. Sec.  123.1 et. seq. and 131.1 et. seq.
    5. Diversion of Mill Hopper Creek during implementation of Selected
Remedy shall comply with Pennsylvania Dam Safety and Waterway
Management Regulations, 25 PA Code Sec.  105.1 et. Seq.
    6. Disposal of hazardous waste debris generated from the
decontamination, dismantling and/or demolition of Site buildings, the
old furnace and any other structures, shall comply with the Land
Disposal Restriction requirements of 40 CFR part 268.
    7. The stabilized soil, sediment, and ash shall be analyzed using
the Toxic Characteristic Leaching Procedure. No sample of leachate from
tested stabilized material shall exceed the levels specified in Table
20, below.
    8. Cleanup levels for contaminants of concern in soil and sediment
(Table 20) shall not be exceeded in any soil or sediment sample,
excluding areas not impacted by the Site, remaining after Site
remediation.

     Table 20--Cleanup Levels for Contaminants of Potential Concern
  Contributing Excess Cancer Risk Greater Than 1 x 10-6 or Hazard Index
                             Greater Than 1
------------------------------------------------------------------------
              Media                   Contaminant       Clean-Up Level
------------------------------------------------------------------------
Soil............................  Lead..............  500 ppm.
                                  Copper............  3300 ppm.
                                  Antimony..........  35 ppm.
                                  PAHs..............  1 ppm.
                                  PCBs..............  2 ppm.
Sediment........................  Lead..............  500 ppm.
                                  Copper............  2900 ppm.
                                  Antimony..........  35 ppm.
                                  PAHs..............  1 ppm.
Stabilized Ash, Sediment and      Arsenic...........  5 mg/L.
 Soil (Extract).
                                  Barium............  100 mg/L.
                                  Cadmium...........  1 mg/L.
                                  Chromium..........  5 mg/L.
                                  Lead..............  5 mg/L.
                                  Mercury...........  0.2 mg/L.
                                  Selenium..........  1 mg/L.
Building Surfaces...............  Lead..............  50 ug/m3, or 500
                                                       ppm.
                                  Copper............  1000 ug/m3, or
                                                       3300 ppm.
                                  Antimony..........  500 ug/m3, or 35
                                                       ppm.
------------------------------------------------------------------------

    Post-RA sampling data demonstrated that the Selected Remedy
achieved the RAOs selected in the ROD. Protection of human health and
the environment (RAO #1) and prevention to exposure to contaminants
(RAO #6) were achieved by ensuring that all performance standards
selected in the ROD were met, as explained in Section 5.0 of the RACR.
Source control RAOs (RAO #2, #3, and #4) were achieved by stabilizing
contaminated soil, ash, and sediment with lead levels greater than 500
ppm, as needed; and by disposing the stabilized material into an off-
Site landfill, as explained in Sections 3.4 and 3.5 of the RACR.
Decontamination of on-Site buildings (RAO #5) was achieved by ensuring
that all on-Site building surfaces were free from Site contaminants, as
explained in Section 3.3 of RACR.
    During the RA, Site soils and sediments with identified lead
concentrations of greater than the Site clean-up level of 500 ppm were
excavated, stabilized as appropriate, and transported off-site for
disposal at an approved facility. Soil was excavated to depths of up to
four feet resulting in the removal of approximately 43,800 cubic yards
of material. A total of 267 post-excavation soil samples were
collected, and confirmed that all identified contamination was removed
from the Site, and that the cleanup level for lead of 500 ppm selected
in the ROD was achieved.
    As part of the RI/FS at the Site, a monitoring well network
consisting of 17 wells was completed. The wells were sampled multiple
times during the course of the RI/FS. In the ROD, EPA determined that
the data obtained during performance of the RI/FS demonstrated that
groundwater had not been impacted by Site activities. The ROD required
additional monitoring of Site groundwater for lead to evaluate any
possible impacts caused by the RA. One pre-construction and two post-
construction groundwater sampling events were conducted. Four on-site
shallow wells were sampled for lead to monitor groundwater quality. The
groundwater sampling results confirmed that Site construction
activities during the RA did not impact the groundwater underlying the
Site. Since all of the groundwater monitoring activities selected in
the ROD were completed, the remaining monitoring wells located on-Site
were subsequently abandoned on August 26 through August 29, 2002.
    The ROD also selected the ``performance of biota toxicity tests on
remaining soil/sediment to ensure that remediated soil (i.e., soil with
lead levels no higher than 500 ppm) does not pose a threat to the
environment''. The biotoxicity testing procedures employed at the Site
in order to meet the above-described ROD requirement were established
in the Biotoxicity Testing Plan (BTP).
    The baseline biotoxicity sampling/evaluation was conducted in May
1998 prior to the start of the RA. This testing

was conducted for the purpose of establishing the baseline biotoxicity
of Site sediments that were known to contain lead concentrations that
exceeded the Site cleanup goal of 500 ppm. The evaluation was conducted
on samples collected at the Site and at a nearby off-site reference
location (a pond approximately eight miles from the Site).
    The biotoxic effect threshold of Site sediments was established to
be 842 ppm lead based on the results of the baseline biotoxicity
evaluation. Three additional biotoxicity sampling events were conducted
after the August 13, 1999 RA completion date in accordance with the
BTP. The Year 1 event occurred on August 30, 2000, the Year 2 event
occurred on September 20, 2002 and the Year 3 event occurred on October
29, 2003.
    During these three post-RA sampling events, three out of a total of
52 sediment sample results from the Pond and Creek were found to
contain lead in excess of the 500 ppm Site cleanup level. In each
instance, when an elevated sample result for lead was identified, the
PRP performed additional sediment sampling to delineate the extent of
lead sediment concentrations in excess of 500 ppm and then implemented
a focused excavation program to remove these sediments from the Site. A
total of eight sampling rounds associated with the three biotoxicity
sampling events were conducted after completion of the RA.
    All lead analytical results of sediments remaining in place after
the focused removal of sediments from the Pond and Creek were less than
the Site lead cleanup goal of 500 ppm. Therefore, subsequent bioassay
testing of the Year 1, 2 and 3 samples was not performed.
    Finally, sampling conducted by the PRP in 1989 as part of the RI/FS
showed the isolated presence of low levels of dioxin in the ash piles
stored on-Site. Specifically, two dioxin samples were collected at the
Site in 1989 from two separate ash piles (designated ASH-B and ASH-F)
which were subsequently excavated. The piles were analyzed for 2,3,7,8-
tetrachlorodibenzo-p-dioxin (TCDD), 2,3,7,8,-tetrachlorodibenzofuran
(TCDF) and specific 2,3,7,8-dioxin congeners. Both of the samples
contained low levels of chlorinated dioxins/furans. After issuance of
the 2012 preliminary remediation goals for dioxin in soil, by letter
dated July 24, 2014, EPA required the PRP to collect additional soil
samples at the Site to confirm that the Selected Remedy was protective
of human health and the environment. By letter dated October 13, 2015,
EPA informed the PRP that the sampling results indicated that dioxin
did not exceed residential or commercial screening levels in any of the
samples collected from native soil at the Site.
    EPA subsequently issued a Final Close Out Report (FCOR) for the
Site dated October 4, 2016. The FCOR summarized all of the remedial
activities conducted at the Site, and concluded that EPA has
successfully completed all response actions for the Site in accordance
with Close Out Procedures for National Priorities List Sites (OSWER
Directive 9320.2-09A-P).

Operation and Maintenance

    An O&M Plan dated April 29, 1998 was approved by EPA as part of the
RD. The O&M Plan identifies the O&M activities that would be performed
at the Site after the RA was completed. The O&M activities were
intended to address: (1) Erosion and sedimentation control measures
until sufficient vegetative cover had re-established itself; (2) post-
remedy ground water sampling; and (3) the sampling/inspection
requirements specified in the BTP.
    RA activities were completed on August 13, 1999. Lucent conducted
inspections of the Site for the first year after completion of the Site
remediation activities. These inspections were conducted on a monthly
basis and after known significant storm events (e.g., rain events over
one inch), as outlined in the O&M Plan. Inspections were not performed
during winter months when the ground was frozen or snow covered. After
the first year of monthly inspections, quarterly inspections of the
Site were conducted for the following four years as required by the O&M
Plan. During each Site inspection, the vegetative cover, drainage
channels and swales, and remediated Creek downstream of the Pond were
inspected to verify that they were in good condition and functioning
properly.
    In accordance with the O&M Plan, the revegetated Site was to be
left in its natural state and not mowed and no future O&M is required.

Institutional Controls

    The ROD selected ICs if soils containing concentrations of lead
over 500 ppm remain beneath the pavement, or buildings and concrete
slabs constructed on-Site after 1963. Since all Site soils with lead
concentrations in excess of 500 ppm were removed from the Site during
implementation of the Selected Remedy, no ICs are required at the Site.
However, as an added precaution, in March 1999, the then-current owner
of the original 46-acre C&D property which contains the main C&D
Recycling building and several abandoned farm structures, known as Tax
Parcel 11, filed a deed restriction in the land records for that
parcel. This deed restriction limits access to the Site, and prevents
the Tax Parcel 11 from being used for residential, commercial,
agricultural and/or recreational purposes.
    In May 2002, Tax Parcel 11 was purchased at a tax sale, and title
to the property was redeeded under a corporation named ``Green Meadows
Conservancy, Inc.'' on July 10, 2006. Tax Parcel 11 property is now
classified as a wildlife preserve and there are no plans for its
redevelopment.
    Based on the above information, EPA has determined that there are
no hazardous substances present on-Site above levels allowing for
unlimited use and unrestricted exposure now that the Selected Remedy is
complete. The Site is, therefore, protective of human health and the
environment. No Five-Year Reviews have been performed and they are not
required pursuant to CERCLA section 121(c).

Community Involvement

    EPA community relations staff conducted an active campaign to
ensure that the residents were well informed about activities at the
Site. Community relations activities included the following:
     Public Meetings: May 1997.
     Township Supervisor Meetings: April 1997 and May 1998.
     Fact Sheets: April 1998, December 1998, and June 1999.
    Additionally, during the RA, EPA's Remedial Project Manager (RPM)
met with Foster Township representatives on a weekly basis to provide
an update on the work accomplished and the upcoming scheduled work.
    In accordance with the requirements of 40 CFR 300.425(e)(4), EPA's
community involvement activities associated with this deletion will
consist of placing the deletion docket in the local Site information
repository and placing a public notice (of EPA's intent to delete the
Site from the NPL) in the Standard Speaker, a local newspaper of
general circulation.

Determination That the Site Meets the Criteria for Deletion in the NCP

    Construction of the Selected Remedy at the Site has been completed
and O&M was completed in accordance with the EPA-approved O&M Plan. All
RAOs, Performance Standards, and cleanup goals established in the ROD
have been achieved and the Selected Remedy is

protective of human health and the environment. No further Superfund
response is necessary to protect human health and the environment.
    The Site Deletion procedures specified in 40 CFR 300.425(e) have
been followed for the deletion of the Site.

V. Deletion Action

    EPA, with concurrence of the Commonwealth through PADEP, has
determined that all appropriate response actions under CERCLA, have
been completed. Therefore, EPA is deleting the Site from the NPL.
    Because EPA considers this action to be noncontroversial and
routine, EPA is taking it without prior publication. This action will
be effective February 26, 2018 unless EPA receives adverse comments by
January 25, 2018. If adverse comments are received within the 30-day
public comment period, EPA will publish a timely withdrawal of this
direct final notice of deletion before the effective date of the
deletion, and it will not take effect. EPA will prepare a response to
comments and continue with the deletion process on the basis of the
notice of intent to delete and the comments already received. There
will be no additional opportunity to comment.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals,
Hazardous substances, Hazardous waste, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.

    Dated: December 1, 2017.
Cosmo Servidio,
Regional Administrator, EPA Region III.
    For the reasons set out in this document, 40 CFR part 300 is
amended as follows:

PART 300--NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION
CONTINGENCY PLAN

0
1. The authority citation for part 300 continues to read as follows:

    Authority:  33 U.S.C. 1321(d); 42 U.S.C. 9601-9657; E.O. 13626,
77 FR 56749, 3 CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 3
CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp.,
p. 193.

Appendix B to Part 300--[Amended]

0
2. Table 1 of appendix B to part 300 is amended by removing ``PA'', ``C
& D Recycling'', ``Foster Township''.

[FR Doc. 2017-27801 Filed 12-22-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: April 21, 2008 (Volume 73, Number 77)]
[Rules and Regulations]
[Page 21249-21251]
[DOCID:fr21ap08-16]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[EPA-HQ-OPPT-2006-0213; FRL-8358-4]
RIN 2070-AB27

Revocation of Significant New Use Rules on Certain Chemical
Substances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: Pursuant to 40 CFR 721.185, EPA is revoking significant new
use rules (SNURs) promulgated under section 5(a)(2) of the Toxic
Substances

Control Act (TSCA) for four chemical substances. Pursuant to 40 CFR
721.160, the SNUR for the chemical substance covered by premanufacture
notice (PMN) P-98-475 designated certain activities as significant new
uses based on concerns identified in a corresponding TSCA section 5(e)
consent order for that chemical substance. Based on the concern
criteria in 40 CFR 721.170(b), for the chemical substances covered by
PMNs P-98-1043, P-99-467, and P-01-71, EPA issued non-5(e) SNURs (i.e.,
SNURS on substances that are not subject to TSCA section 5(e) consent
orders) designating certain activities as significant new uses.
Subsequently, EPA received and reviewed new information and test data
for each of the chemical substances. Based on the new data, the Agency
no longer finds that activities prohibited by the TSCA section 5(e)
consent order for P-98-475, nor activities not described in PMNs P-98-
1043, P-99-0467, and P-01-71 constitute significant new uses.

DATES: This final rule is effective June 20, 2008.

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPPT-2006-0213. All documents in the
docket are listed in the docket index available in regulations.gov. To
access the electronic docket, go to http://www.regulations.gov, select
``Advanced Search,'' then ``Docket Search.'' Insert the docket ID
number where indicated and select the ``Submit'' button. Follow the
instructions on the regulations.gov website to view the docket index or
access available documents. Although listed in the index, some
information is not publicly available, e.g., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, will
be publicly available only in hard copy. Publicly available docket
materials are available electronically at http://www.regulations.gov,
or, if only available in hard copy, at the OPPT Docket. The OPPT Docket
is located in the EPA Docket Center (EPA/DC) at Rm. 3334, EPA West
Bldg., 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public
Reading Room hours of operation are 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding Federal holidays. The telephone number of the
EPA/DC Public Reading Room is<PHONE_NUMBER>, and the telephone number
for the OPPT Docket is<PHONE_NUMBER>. Docket visitors are required to
show photographic identification, pass through a metal detector, and
sign the EPA visitor log. All visitor bags are processed through an X-
ray machine and subject to search. Visitors will be provided an EPA/DC
badge that must be visible at all times in the building and returned
upon departure.

FOR FURTHER INFORMATION CONTACT: For general information contact: Colby
Lintner, Regulatory Coordinator, Environmental Assistance Division
(7408M), Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; e-mail address: TSCA-
<EMAIL_ADDRESS>    For technical information contact: Abeer Hashem, Chemical Control
Division (7405M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Does this Action Apply to Me?

    You may be potentially affected by this action if you manufacture,
process, or use the chemical substances contained in this revocation.
Potentially affected entities may include, but are not limited to:
     Chemical manufacturers (NAICS code 325), e.g., persons
manufacturing, importing, processing, or using chemicals for commercial
purposes.
     Petroleum and coal product industries (NAICS code 324),
e.g., persons manufacturing, importing, processing, or using chemicals
for commercial purposes.
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. To determine
whether you or your business may be affected by this action, you should
carefully examine the applicability provisions in 40 CFR 721.5. If you
have any questions regarding the applicability of this action to a
particular entity, consult the technical person listed under FOR
FURTHER INFORMATION CONTACT.

II. Background

A. What Action is the Agency Taking?

    The Agency proposed revocation of these SNURs in the Federal
Register of October 6, 2006 (71 FR 59066) (FRL-7770-9). The background
and reasons for the revocation of each individual SNUR are set forth in
the preamble to the proposed revocation. The comment period closed on
November 6, 2006. EPA received no comments regarding the proposed
revocation of the SNURs. Therefore, EPA is revoking these SNURs.

B. What is the Agency's Authority for Taking this Action?

    Section 5(a)(2) of TSCA (15 U.S.C. 2604(a)(2)) authorizes EPA to
determine that a use of a chemical substance is a ``significant new
use.'' EPA must make this determination by rule after considering all
relevant factors, including those listed in section 5(a)(2) of TSCA.
Once a significant new use rule (SNUR) becomes final, section
5(a)(1)(B) of TSCA requires persons to submit a significant new use
notice (SNUN) to EPA at least 90 days before they manufacture, import,
or process the substance for that use. The general SNUR provisions are
found at 40 CFR part 721, subpart A.
    During review of PMN P-98-475, EPA concluded that regulation was
warranted and issued a TSCA section 5(e) consent order for the chemical
substance. Subsequently, EPA promulgated a corresponding SNUR under 40
CFR 721.160. Upon review of PMNs P-98-1043, P-99-467, and P-01-71,
based on the concern criteria in 40 CFR 721.170 (b)(3)(ii) and
(b)(4)(ii), EPA determined that there was a concern about the
substances' health or environmental effects and promulgated non-5(e)
SNURs for these chemical substances.
    Under 40 CFR 721.185, EPA may at any time revoke a SNUR for a
chemical substance which has been added to subpart E of 40 CFR part
721, if EPA makes one of the determinations set forth in 721.185 (a)(1)
through (a)(6). As detailed for each of the four chemical substances in
the proposed rule of October 6, 2006 (71 FR 59066), based on new
information and test data, EPA has determined that criteria set forth
in 721.185 (a)(4) and (a)(5) have been satisfied. Therefore, EPA has
revoked the section 5(e) consent order for P-98-475 and is hereby
revoking the SNUR provisions for all four of these chemical substances.
When this revocation becomes effective, EPA will no longer require
notice of intent to manufacture, import, or process these substances
for any significant new uses. In addition, export notification
requirements under section 12(b) of TSCA triggered by these SNURs will
no longer be required.

III. Statutory and Executive Order Reviews

    This rule revokes or eliminates an existing regulatory requirement
and does not contain any new or amended requirements. As such, the
Agency has determined that this SNUR revocation will not have any
adverse impacts, economic or otherwise.
    The Office of Management and Budget (OMB) has exempted these types
of regulatory actions from review under Executive Order 12866, entitled
Regulatory Planning and Review (58 FR 51735, October 4, 1993). This
rule does not contain any information collections subject to approval
under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq. Since
this rule eliminates a reporting requirement, the Agency certifies
pursuant to section 605(b) of the Regulatory Flexibility Act (RFA) (5
U.S.C. 601 et seq.), that this SNUR revocation will not have a
significant economic impact on a substantial number of small entities.
    For the same reasons, this action does not require any action under
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L.
104-4). This rule has neither Federalism implications, because it will
not have substantial direct effects on States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132, entitled Federalism (64 FR
43255, August 10, 1999), nor tribal implications, because it will not
have substantial direct effects on one or more Indian Tribes, on the
relationship between the Federal Government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified in Executive Order 13175,
entitled Consultation and Coordination with Indian Tribal Governments
(59 FR 22951, November 6, 2000).
    This action is not subject to Executive Order 13045, entitled
Protection of Children from Environmental Health Risks and Safety Risks
(62 FR 19885, April 23, 1997), because this is not an economically
significant regulatory action as defined under Executive Order 12866,
and it does not address environmental health or safety risks
disproportionately affecting children. It is not subject to Executive
Order 13211, entitled Actions Concerning Regulations That Significantly
Affect Energy Supply, Distribution, or Use (66 FR 28355, May 22, 2001),
because this action is not expected to affect energy supply,
distribution, or use. Because this action does not involve any
technical standards, section 12(d) of the National Technology Transfer
and Advancement Act of 1995 (NTTAA), Public Law 104-113, section 12(d)
(15 U.S.C. 272 note), does not apply to this action. This action does
not involve special considerations of environmental justice related
issues as required by Executive Order 12898, entitled Federal Actions
to Address Environmental Justice in Minority Populations and Low Income
Populations (59 FR 7629, February 16, 1994).

IV. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report to each House of the Congress and
the Comptroller General of the United States. EPA will submit a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives, and the Comptroller General of the
United States prior to publication of the rule in the Federal Register.
This rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 721

    Environmental protection, Chemicals, Hazardous substances,
Reporting and recordkeeping requirements.

    Dated: April 11, 2008.
Charles M. Auer,
Director, Office of Pollution Prevention and Toxics.

0
Therefore, 40 CFR part 721 is amended as follows:

PART 721--[AMENDED]

0
1. The authority citation for part 721 continues to read as follows:

    Authority: 15 U.S.C. 2604, 2607, and 2625(c).

Sec. Sec.  721.3850, 721.5718, 721.9785, and 721.9810  [Removed]

0
2. Remove Sec. Sec.  721.3850, 721.5718, 721.9785, and 721.9810.

[FR Doc. E8-8559 Filed 4-18-08; 8:45 am]

BILLING CODE 6560-50-S


1 INFORMATION COLLECTION REQUEST ( ICR) Part A of the Supporting Statement ( September 2000) 1. IDENTIFICATION OF THE INFORMATION COLLECTION 1( a) Title: Registration of Fuels and Fuel Additives: Requirements for Manufacturers ( 40 CFR 79) EPA ICR Number 309.10, OMB Control Number 2060 0150 1( b) Abstract In accordance with the regulations at 40 CFR 79, Subparts A, B, C, D and F, Registration of Fuels and Fuel Additives, manufacturers of ( 1) motor vehicle gasoline, ( 2) motor vehicle diesel fuel, and ( 3) additives for those fuels, are required to have their products registered by the Environmental Protection Agency ( EPA) prior to their introduction into commerce. Registration involves providing ( 1) a chemical description of the fuel or additive, ( 2) certain technical and marketing information, and ( 3) any health effects information in company files. ( The portion of Subpart F requiring the development of health effects data is covered by a separate information collection.) Manufacturers are also required to submit periodic reports on production and related information. The program is run by the Transportation and Regional Programs Division, Office of Transportation and Air Quality, Office of Air and Radiation. The information is used to ( 1) identify products whose evaporative or exhaust emissions pose a particular threat to public health, thus meriting further investigation and/ or regulation, ( 2) ensure that EPA compositional requirements for unleaded gasoline are met before a product is registered and introduced into commerce, and ( 3) maintain a comprehensive data base of motor vehicle fuel and additive composition. Most of the compositional information is confidential. Lists of registered fuels and additives are available at www. epa. gov/ otaq/ fuels. The information is collected and stored in hard copy, with most entered into a computer data base. There are approximately 120 fuel manufacturers, 660 additive manufacturers, 600 registered fuels, and 5600 registered additives. These numbers change daily. The annual cost to industry is estimated at $ 1 million. The annual cost to the government is estimated at $ 317,000. This program also serves as a vehicle for the administration of the program for the certification of deposit control/ detergent gasoline additives at 40 CFR 80. By using this existing registration program the EPA avoided having to establish an additional registration program for gasoline detergent additives. The reporting and recordkeeping requirements unique to this certification program are covered by a separate information collection. In addition, per 30 CFR 75.1901( c), only registered diesel fuel additives may be used in diesel powered equipment for underground coal mining. Thus the Mine Safety and Health Administration of the Department of Labor is able to utilize this program. OMB raised two concerns about public comments received regarding renewal of this ICR. Namely, that all of the information included in the annual manufacturers reports on gasoline can be extracted from much more detailed reports that are now required to be submitted under the RFG rule and in addition, the usefulness of the quarterly manufacturers reports. Those issues are discussed in section 4 ( b) of this Supporting Statement. 2 2. NEED FOR AND USE OF THE COLLECTION 2( a) Need/ Authority for the Collection Motor vehicles comprise the major source of air pollution in most urban areas, and account for about half the toxic air emissions in the United States. Congress demonstrated its strong concern for the protection of public health by providing broad legislative authority to monitor and regulate fuels, fuel additives, and their emissions. This registration program was established by the Air Quality Act of 1967, carried forward into the Clean Air Act ( Act) of 1970, and strengthened in the Act's 1977 and 1990 reauthorizations. Section 211( a) of the Act provides EPA with the authority to designate any mobile source fuel or additive for registration. Any fuel or additive with the potential for a significant emissions impact on the public would be an appropriate candidate. Once designated, it may not be introduced into commerce until it has been registered by EPA. Section 211( b) requires, for the purpose of registration, that the manufacturer provide certain compositional and related information, and available health effects data. Section 211( b) also provides EPA with the authority to require health effects testing. The original regulations were promulgated by the Department of Health, Education, and Welfare in 1970, and transferred to the EPA shortly thereafter. They ultimately resided at 40 CFR 79 ( Attachment 1) and were revised in 1975, 1976, and 1978. Due to their broad public emissions exposure, motor vehicle gasolines and diesel fuels, and their additives, were designated. Section 211( e) ( 1977 amendments) directs EPA to establish health effects testing requirements, and those regulations were promulgated in 1994 as Subpart F of 40 CFR 79. ( Changes to the regulations have reduced the burdens, particularly for small businesses.) They are structured into three tiers of requirements for specific fuel/ additive categories. Tier 1, due in May 1997, required an emissions characterization and a literature search for health effects information on those emissions. Tier 2, due in May 2000, required short term inhalation exposures of laboratory animals to emissions to screen for adverse health effects. The regulations also allow for alternative Tier 2 testing if more appropriate. The major gasoline oxygenates and a manganese additive for gasoline are undergoing such alternative testing. Follow up studies, if required, would occur under Tier 3. ( The reporting and recordkeeping requirements of these tiers are covered by a separate information collection.) The objective of the program is to determine if there are any fuels and/ or additives whose evaporative emissions or products of combustion pose a particular danger to public health or welfare. Section 211( c) of the Act provides EPA with the authority to regulate such fuels and additives. For example, the use of lead additives in gasoline, gasoline volatility, and the sulphur content of gasoline and diesel fuel, have been regulated. In order to assist the EPA in assessing the extent of public exposure to a given fuel or additive, the regulations require additive manufacturers to submit annual reports on production. Fuel manufacturers are required to submit quarterly production reports. The manufacturers are also required to report annually on any new health effects data they may have acquired. Copies of the sections of the Act mentioned above are in Attachment 2. 3 Another objective of the program is the review of an unleaded gasoline additive's composition for compliance with EPA restrictions. In order to protect catalytic converters and other emission control devices, there are specific compositional limitations. On a number of occasions the EPA has informed a manufacturer that its additive could not be registered until the formulation was modified to comply with those requirements. An added benefit of the program has been the development of a comprehensive data base of gasoline and diesel fuel/ additive composition. These data have proven useful in a number of fuels issues, such as the identification of diesel additives that would likely contribute to the formation of dioxin emissions.

2( b) Practical Utility/ Users of the Data The lists of registered fuels and additives are available to the public. The fuel, additive, and motor vehicle industries are well aware that gasolines, diesel fuels, and their additives, must be registered before they may be introduced into commerce for use in motor vehicles. A separate list of registered gasoline detergent additives is also available. These lists are frequently requested by the manufacturers in order to maintain an awareness of competing products. In accordance with regulations promulgated by the Mine Safety and Health Administration, only registered diesel additives may be used in diesel powered equipment for underground coal mining. Most of the data have been claimed as business confidential by the manufacturers. Thus access is restricted to authorized EPA personnel and contractors. The data have been extremely valuable in EPA's evaluation of certain fuels issues. Most notably, the compositional data required since the program's inception were instrumental in establishing the fuel/ additive testing categories in the 1994 health effects testing rules ( Subpart F, 40 CFR 79). If these data ( Tier 1 due May 1997, Tier 2 due May 2000) indicate a particular threat to public health from the evaporative or exhaust emissions of a fuel or additive, they will be used to support regulatory action under section 211( c) of the Act. Section 211( f) of the Act prohibits the introduction into commerce of fuels and additives which are not " substantially similar" to those used by the vehicle manufacturers in emissions certification ( unless a waiver is granted). The objective is to protect emission controls from potentially damaging fuels and additives. The term " substantially similar" for unleaded gasoline has been defined via interpretive rule. Elemental composition is restricted to carbon, hydrogen, oxygen, nitrogen, and sulphur. On a number of occasions additive manufacturers have attempted to register additives for unleaded gasoline which did not meet these requirements. Thus, the registration program has been instrumental in enforcing requirements that were established independently of the registration regulations at 40 CFR 79. The fuel/ additive data base has proven extremely useful in the analysis of other fuels issues. For example, the data have been used to assess the development and use of gasoline detergent additives.

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 4 3( a) Nonduplication To our knowledge, this is the only program which requires additive manufacturers to report the composition of their additives, and gasoline and diesel fuel manufacturers to report the usage of additives in their fuels. It is the only program under which these manufacturers must develop information on the emissions health effects of their products. Production volumes for additives are not reported elsewhere. Nowhere else are the production volumes for gasoline and diesel fuels reported in conjunction with additive usage in those fuels. Such data are necessary in order to gauge the extent of public exposure to the emissions of a fuel, additive, or particular fuel/ additive combinations.

3( b) Public Notice A copy of the Federal Register notice requesting public comment on this ICR is in Attachment 3. No comments were received.

3( c) Consultations Nine manufacturers ( four additive, five fuel) were contacted in 2000 regarding the burdens. For the four additive manufacturers:

Company Notification Supplemental Annual Report Notification A 4 hours 5 hours 6 hours for 24 additives ( 1 legal ( 2 management ( 1 management 1 management 2 technical 4 technical 1 technical 1 clerical) 1 clerical) 1 clerical) B 4.5 hours 1 hour 4.5 hours for 56 additives ( 2 management ( 0.5 management ( 4 management 2 technical 0.5 clerical) 0.5 hour clerical) 0.5 clerical) C 10 hours 2 hours 10 hours for 9 additives ( 8 technical ( 1 management ( 2 management 2 clerical) 1 clerical) 5 technical, 3 clerical) D 2 hours 1.25 hours 5 hours for 79 additives ( 0.5 management ( 0.5 management ( no breakdown offered) 1 technical 0.5 technical 0.5 clerical) 0.25 clerical)

For the five fuel manufacturers:

Company Notification Supplemental Quarterly Annual Notification 5 E 4.5 hours 2.5 hours 17 hours/ 21 fuels 17 hours/ 21 fuels ( 0.5 mgmt ( 0.5 mgmt ( 1 management ( 1 management 2 technical 1 technical 8 technical 8 technical 2 clerical) 1 clerical) 8 clerical) 8 clerical)

F 8 hours 8 hours 306 hours/ 11 fuels 306 hours/ 11 fuels ( 1 legal ( 1 legal ( 4 legal ( 4 legal 1 mgmt 1 management 28 management 28 management 4 technical 4 technical 154 technical 154 technical 2 clerical) 2 clerical) 120 clerical) 120 clerical)

G 3 hours 2 hours 2.5 hours/ 4 fuels 2.5 hours/ 4 fuels ( 3 technical) ( 2 technical) ( 2 technical ( 2 technical 0.5 clerical) 0.5 clerical)

H 3 hours 4 hours 12 hours/ 5 fuels 12 hours/ 5 fuels ( 0.5 mgmt ( 2 management ( 10 technical ( 10 technical 2 technical 2 technical) 2 clerical) 2 clerical) 0.5 clerical)

I 4.5 hours 3.5 hours 35 hours/ 5 fuels 35 hours/ 5 fuels ( 2 mgmt ( 1 management ( 2 management ( 2 management 2 technical 1 technical 32 technical 32 technical 0.5 clerical) 1 legal 1 clerical) 1 clerical) 0.5 clerical)

The Mine Safety and Health Administration ( MSHA), U. S. Department of Labor, views this program as beneficial in that it will provide information on the diesel emissions to which underground coal miners are exposed. MSHA regulations limit the diesel additives used in underground coal mining to those that have been registered by EPA.

3( d) Effects of Less Frequent Collection Registration of a designated fuel or additive is required only once, although the manufacturer is required to notify EPA if changes occur in the information provided. The quarterly and annual reports for fuel manufacturers, and annual reports for additive manufacturers, are appropriate in order to monitor patterns of fuel and additive usage in a timely manner. Should the upcoming health effects data indicate that certain fuel/ additive combinations are of concern, their history of usage would be necessary in order to assess the extent of public exposure. If these fuel/ additive combinations were to experience a significant increase in usage, it would be important to know that on a quarterly basis. Likewise, if certain additives were to experience a dramatic increase in production, it would be important to have that reported on at least an annual basis. 6 3( e) General Guidelines All Office of Management and Budget ( OMB) guidelines are met.

3( f) Confidentiality The availability to the public of information submitted for this program is governed by the Freedom of Information Act ( FOIA) regulations for EPA at 40 CFR 2, with the exception that all health and safety test data and other information concerning health and welfare effects, submitted pursuant to Subpart F, shall be public. Lists of the registered fuels and additives are publicly available. The majority of the manufacturers consider, for competitive reasons, the compositional information for their fuels and additives to be confidential. EPA's Office of General Counsel has consistently ruled that confidentiality is justified when such information has been requested under the FOIA. Because most of the information is confidential, this program is housed in a separate office protected by a multi sensor alarm system by KASTLE Systems, Inc. with 24 hour monitoring. Access is via a cardlock system for authorized personnel only. Paper files are secured in combination lock, fireproof cabinets with each cabinet requiring its own unique sequence to be unlocked. Data processing is performed solely on computers in the secure area. These computers have no connections outside the secure area and employ password security measures. Contractor personnel handle routine administrative tasks, data input, and data analysis. EPA personnel work closely with contractor personnel and handle the technical review of the data and questions involving regulatory interpretation.

3( g) Sensitive Questions There are no sensitive questions.

4. THE RESPONDENTS AND THE INFORMATION COLLECTED 4( a) Respondents/ SIC Codes The fuel and fuel additive manufacturers are related to the following major group Standard Industrialization Classification ( SIC) codes:

28  Chemical and Allied Products 29  Petroleum and Coal Products 50  Wholesale Trade  Durable Goods 51  Wholesale Trade  nondurable Goods 55  Automotive Dealers and Service Stations 28  Industrial Organic Chemicals 29  Miscellaneous Products of Petroleum and Coal 7 There are two appropriate four digit SIC codes:

5172  Petroleum Products 2911  Petroleum Refining 4( b) Information Requested ( i) Data Items The following definitions at 40 CFR 79.2 are important to the understanding of the reporting requirements: " Fuel manufacturer" means any person who, for sale or introduction into commerce, produces, manufacturers, or imports a fuel or causes or directs the alteration of the chemical composition of a bulk fuel, or the mixture of chemical compounds in a bulk fuel, by adding to it an additive, except: ( 1) A party ( other than a fuel refiner or importer) who adds a quantity of additive( s) amounting to less than 1.0 percent by volume of the resultant additive( s)/ fuel mixture is not thereby considered a fuel manufacturer. ( 2) A party ( other than a fuel refiner or importer) who adds an oxygenate compound to fuel in any otherwise allowable amount is not thereby considered a fuel manufacturer. " Additive" means any substance, other than one composed solely of carbon and/ or hydrogen, that is intentionally added to a fuel named in the designation ( including any added to a motor vehicle's fuel system) and that is not intentionally removed prior to sale or use. " Additive manufacturer" means any person who produces, manufacturers, or imports an additive for use as an additive and/ or sells or imports for sale such additive under the person's own name. Motor vehicle gasolines, motor vehicle diesel fuels, and additives to those fuels, have been designated at 40 CFR 79. For the purpose of registration, the following is required to be submitted by each manufacturer of a designated fuel ( 40 CFR 79.11): ( See EPA Form 3520 12, Fuel Manufacturer Notification for Motor Vehicle Fuel, Attachment 4)

1. Fuel manufacturer name; 2. Address; 3. Type of fuel; 4. Brand name( s) of the fuel; 5. Fuel properties as specified in the regulations; 6. A list of additives the manufacturer intends to use, additive manufacturer names, purposein use of each additive, and range of additive concentration; 7. To the extent known, information on analytical techniques that can be used to detect the presence of the additives listed above in the fuel; 8. To the extent known to the manufacturer, information on the mechanisms of action of the additives listed, reactions between the additives and the fuel, emission products, additive effects on emissions, health or welfare effects of additive emission products, and effects of additive emission products on emission controls; 8 9. Indication of which portions of the form are confidential; 10. Assurances that the information is correct, EPA will be notified, in writing, if certain information were to change, and that registration will not be used in advertising to imply government approval; 11. Signature, title, date, and telephone number of company official responsible for the form.

Note that in item 10 above the manufacturer is required to notify EPA in writing if certain information, listed in the regulations, were to change. This usually involves updating the list of additives being used, and is accomplished with a brief letter. This will be referred to later in this ICR as a " fuel notification update." For the purpose of registration, the following is required to be submitted by each manufacturer of a designated fuel additive ( 40 CFR 79.21): ( See EPA Form 3520 13, Fuel Additive Manufacturer Notification, Attachment 5)

1. Commercial name( s) of the additive; 2. Name of the additive manufacturer; 3. Address; 4. Method of use ( bulk and/ or aftermarket); 5. Fuels for which the additive is recommended and range of concentration; 6. Recommended purpose in use of the additive; 7. Chemical composition of the additive; 8. Chemical structure of the additive; 9. To the extent known, impurities at greater 0.1% by weight; 10. To the extent known, information on analytical techniques that can be used to detect the additive in fuel; 11. To the extent known to the manufacturer, information on additive mechanisms of action, reactions between the additive and fuel, identification and measurement of additive emission products, effects of the additive on emissions, toxicity or any other health effects of the additive emission products, and effects on emission controls; 12. Indication of which portions of the form are confidential; 13. Assurances that the information is correct, EPA will be notified, in writing, if certain information were to change, and that registration will not be used in advertising to imply government approval; 14. Signature, title, date, and phone number of company official responsible for the form.

Note that in item 13 above, the EPA will be notified in writing if certain information, listed in the regulations, were to change. This is accomplished by a brief letter, and involves minor issues such as an additional name under which the additive will be sold. This will be referred to later in this ICR as an " additive notification update." Each fuel manufacturer and each fuel additive manufacturer is also required to submit for each fuel and additive a " Supplemental Notification for a Fuel or Fuel Additive Manufacturer" ( EPA Form 3520 16, Attachment 6) containing the following information ( 40 CFR 79.59):

1. Company name; 2. Address; 9 3. Name of a contact person, his/ her title, telephone/ fax numbers; 4. Name of fuel or additive and whether additive is bulk and/ or aftermarket; 5. Registration status; 6. Yes/ no response as to whether the fuel or additive contains any non conventional petroleum products; 7. Market distribution of fuel or additive by PADD ( defined in the instructions); 8. Health effects testing grouping information pursuant to 40 CFR 79.56 ( group description/ name, organizing entity, contact person, phone, address); 9. If applying for a small business exemption, the average of the previous three years annual sales revenue and identification of parent company ( if any); 10. If additive is merely a relabel, the original name of the additive and its manufacturer; 11. If applying for the special provisions for aerosol additives, the purpose in use of the aerosol and its recommended frequency of use; 12. Indication of which portions of the form are confidential; 13. Signature, name, title, and date for responsible corporate officer.

Additive manufacturers are also required to report annually the following information for each registered additive ( 40 CFR 79.5( b)): ( See Additive Manufacturer Annual Report ( Additive for Gasoline or Diesel), EPA Form 3520 13A, Attachment 7)

1. Additive name; 2. Name of the manufacturer; 3. Address; 4. Year covered by the report; 5. Impurities, if greater than 0.1% by weight, to the extent known; 6. Any information known to the manufacturer and not previously reported on mechanisms of action, reactions with fuels, emission products, or emission effects; 7. Production ( volume or weight) for the year; 8. Indication of which portions of the form are confidential; 9. Signature, title, date.

Additive manufacturers who are merely relabeling a registered additive or blend of registered additives are not required to submit an annual report, since the information would be covered by the original manufacturer( s).

Fuel manufacturers are also required to report quarterly the following information for each registered gasoline and diesel fuel ( 40 CFR 79.5( a)( 1)): ( See Fuel Manufacturer Quarterly Report for Motor Vehicle Gasoline, form EPA( DUR) 368, Attachment 8, and Fuel Manufacturer Quarterly Report for Motor Vehicle Diesel Fuel, form EPA( DUR) 371, Attachment 9)

1. Manufacturer name; 2. Address; 3. Report quarter; 4. Type of gasoline or diesel fuel; 5 Brand name( s); 10 6. Production volume for the quarter; 7. Range of concentration during the quarter for each additive previously reported for use in the gasoline or diesel fuel; 8. Indication of which portions of the form are confidential; 9. Signature, title, date.

Fuel manufacturers are also required to report annually the following information for each registered gasoline and diesel fuel ( 40 CFR 79.5( a)( 2)): ( See Fuel Manufacturer Annual Report for Motor Vehicle Gasoline, form EPA( DUR) 369, Attachment 10, and Fuel Manufacturer Annual report for Motor Vehicle Diesel Fuel, form EPA( DUR) 372, Attachment 11)

1. Manufacturer name; 2. Address; 3. Year covered by the report; 4. Type of gasoline or diesel fuel; 5. Brand names( s); 6. Fuel properties, to the extent known by the manufacturer; 7. If not previously reported, information known by the manufacturer on mechanisms of action, reactions between additives and fuels, emission products, and emission effects; 8. Indication of which portions of the form are confidential; 9. Signature, title, date.

In the previous clearance for this collection, OMB raised the following two summarized questions concerning the fuel manufacturer quarterly and annual reports: ( 1) Is the gasoline annual report duplicative of information submitted under the reformulated gasoline ( RFG) regulations at 40 CFR 80, Subpart D? ( 2) Does the fuel manufacturer quarterly report have practical utility and does it reduce the extent practical and appropriate the respondent's burden?

For the gasoline annual report, eleven fuel properties are listed. Only four are covered by the RFG reporting requirements. The instructions have been modified to indicate that properties reported under the RFG program need not be reported here. As has always been the case for all the properties, they are only required to be reported to the extent they are known by the manufacturer for other reasons. If the properties are not known, they are not required to be reported. However, the values are helpful to the EPA in monitoring gasoline trends. For example, one of the properties not covered by the RFG program is " trace elements." Some trace elements, upon combustion, could produce harmful emissions. Others can impair the performance of the catalytic converter, the primary emission control device on gasoline fueled vehicles and soon to be on many new diesel vehicles. The other major aspect of the annual report is the submission of any health effects data that the manufacturer may have acquired during the year. If none have been acquired, the manufacturer merely indicates " no" on the form. If there is new health effects information, the EPA would like to review it. Thus, EPA continues to believe that the report has merit and that the burden is reasonable.

The fuel manufacturer quarterly report has great practical utility. In fact, it is a highly 11 practical way for EPA to track seasonal additive usage and ranges of additive concentration. Otherwise, EPA would have to audit records at facilities. The information is readily available to the manufacturer because it is critical in the highly competitive gasoline market and thus tracked in the normal course of business. Thus, it is a small reporting burden, reduced to the extent practical and appropriate.

There are no recordkeeping requirements.

( ii) Respondent Activities The following activities are required:

1. Read or hear the regulations at 40 CFR 79 and the instructions for each of the applicable forms; 2. Gather information from company files; 3. Review the information; 4. Enter information onto the forms and sign; 5. If indicated on the forms that additional information is attached, copy such information; 6. Transmit the forms.

5. THE INFORMATION COLLECTED AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT 5( a) Agency Activities The following activities are required: 1. Respond to inquiries on the reporting requirements; 2. Mail copies of the forms/ instructions, regulations, list of all registered additives, list of registered gasoline detergent additives, list of registered diesel additives, and/ or list of registered fuels upon request; 3. Review the forms and other submitted data; 4. Contact the manufacturer when the information has not been submitted in accordance with the regulations and discuss how the problem can be resolved; 5. Store the information in hard copy; 6. Enter the data submitted on the forms into the database. 7. Issue a letter to the manufacturer for each fuel and additive that is registered; 8. Administer a contract for the day to day operation of the registration program; 9. Maintain rigorous security for the protection of confidential business information; 10. Maintain a record of all confidential business information provided to the contractor; 11. Maintain computer hardware and software; 12. Provide general program oversight.

5( b) Collection Methodology and Management The manufacturers are completing forms which are very straightforward and whose basic 12 structure dates back to 1975. ( The Supplemental Notification for a Fuel or Fuel Additive Manufacturer originated in 1994.) We have not had complaints on the design of the forms. Much of the information is maintained in the normal course of business, such as the chemical composition of an additive and its annual production. For information which may not normally be maintained, such as mechanisms of reaction, the manufacturer is not required to search beyond its company files. EPA and its contractor review the forms and in some cases the manufacturer must be contacted for clarification or additional information. Since most of the information is confidential, the data are handled exclusively on a physically and electronically isolated IBM/ PCbased local area network using Novell NetWare as an operating system and running FOXPRO database software as the database platform. Data are input and reports generated on workstations located entirely within the locked facility and connected to the network through direct connections. EPA personnel routinely compare the data that have been entered into the database with hard copy. The network is not connected to the Agency's LAN backbone and has no modem connections. The facility is protected by an advanced security system described earlier. Several of the forms have been converted to a machine readable format, and ultimately all will be. Additive manufacturers have been offered the option to submit their annual reports on diskette. It is anticipated that ultimately all data may be submitted via diskette or electronic data interchange.

5( c) Small Entity Flexibility The reporting requirements have been kept as simple as possible to minimize the burden on all manufacturers. EPA is not aware of any simpler format to provide the chemical descriptions and related information. Recent changes to the regulations removed many small businesses from the program, by excluding those who only add oxygenates or small amounts of additives to fuels from the definition of a fuel manufacturer. For manufacturers who merely relabel additives, which are usually small businesses, the one time notification is very simple, and there are no periodic reporting requirements.

6. ESTIMATING THE BURDEN AND THE COST OF THE COLLECTION 6( a) and ( b) Estimating Respondent Burden and Costs Estimating the burden is straightforward. For the most part, the manufacturer is collecting and reporting information that is available in the normal conduct of business, such as product composition and production volume. Other information, such as health effects data, only have to be reported if they reside in the company files. No searching beyond company files is required. There are no recordkeeping requirements. There are no third party activities. Thus, there are no capital/ start up costs. The only operating and maintenance ( O& M) cost is for copying and postage for each submission. Instead of including this in each burden table, a cost of $ 3.00 per submission will be included in the total burden estimate.

In discussions with fewer than ten fuel and fuel additive manufacturers, four labor categories were identified as having involvement: managerial, legal, technical, and clerical. According to the Bureau of Labor Statistics, Employment Cost Trends ( March 1996), for all 13 workers in manufacturing industries, wages and benefits were:

Wages and Benefits Managerial $ 37.72 per hour Professional $ 36.89 per hour Technical $ 27.90 per hour Clerical $ 16.69 per hour Assuming that professional and legal rates are comparable, doubling for company overhead beyond wages and benefits, employing a 3% annual inflation factor to bring the rates to the year 2000, and, for convenience, rounding up to the nearest dollar, gives the follow rates that will be used in this ICR:

Total Employer Cost Managerial $ 86 per hour Legal $ 84 per hour Technical $ 64 per hour Clerical $ 38 per hour Worksheet 1: Fuel Manufacturer Notification As summarized in section 3( c), informal discussions with fuel manufacturers indicated a range of three to eight hours, with quite a variation in estimates of labor mix. EPA has used three hours as an estimate for many years. However, based on these recent discussions, the estimate has been revised to four hours, with the additional hour allocated to gathering information and the balance of the labor mix the same as in the previous ICR. The average estimated burden hours and costs per notification are:

Activity mgmt legal tech clerical read regs/ etc 0.1/$ 8.60 2/$ 16.80 0.2/$ 12.80 0 gather info 0 0 2.0/$ 128.00 0 review info 0.1/$ 8.60 0.1/$ 8.40 0.6/$ 38.40 0 complete form 0 0 0.1/$ 6.40 0.4/$ 15.20 copy attachments 0 0 0 0.1/$ 3.80 transmit to EPA 0 0 0 0.1/$ 3.80 totals 0.2/$ 17.20 0.3/$ 25.20 2.9/$ 185.60 0.6/$ 22.80 4.0/$ 250.80 14 As mentioned previously, EPA also receives fuel notification updates routinely. These are usually short letters and it is estimated that they require, on average, an hour of labor, as follows:

Worksheet 2: Fuel Notification Update activity mgmt legal tech clerical read regs 0 0 0.1/$ 6.40 0 gather info 0 0 0.1/$ 6.40 0 review info 0 0 0.1/$ 6.40 0 prepare letter 0 0 0.2/$ 12.80 0.3/$ 11.40 copy attachments 0 0 0 0 transmit to EPA 0 0 0 0.1/$ 3.80 totals 0 0 0.6/$ 38.40 0.4/$ 15.20 1.0/$ 53.60 Worksheet 3: Fuel Additive Manufacturer Notification As summarized in section 3( c), informal discussions with fuel additive manufacturers indicate a wide range of burden estimates, from two hours to ten hours per form, with two estimates at four hours. This is to be expected since some additives are very simple chemically, and some are extremely complex. For many years EPA has estimated the average burden at three hours per form, but believes that it is now appropriate to revise the estimate to four hours. As with the fuel manufacturer notification, the additional hour is allocated to gathering information. Thus, EPA has chosen the same labor mix as in Worksheet 1. Since the hours and activities are identical, Worksheet 1 is referenced and the cost burden per additive notification is the same, $ 250.80.

Worksheet 4: Additive Notification Update As mentioned previously, EPA also receives additive notification updates routinely. These are usually short letters and EPA estimates an average of one hour labor, with a labor mix the same as for the fuel notification update in Worksheet 2. Since the burden of one hour and labor mix are the same, Worksheet 2 is referenced and the cost burden per update is $ 53.60.

Worksheet 5: Supplemental Notification for a Fuel or Fuel Additive Manufacturer The informal discussions in section 3( c) gave a range of one to eight hours, with most responses in the two to five hour range. EPA has chosen four hours as an average, an increase in one hour compared to the previous ICR, with the same labor mix and activities as for the previous notifications. Thus, Worksheet 1 is once again referenced and the estimated cost per supplemental notification is $ 250.80.

Worksheet 6: Additive Manufacturer Annual Report 15 The informal discussions in section 3( c) gave a wide range of burden, but generally less than an hour per additive. For manufacturers with numerous additives, the average was considerably less than an hour per additive. For manufacturers with only one or two additives, it is understandable that it could take several hours or more to complete. In the past EPA has used an estimate of one hour, and believes it is still an appropriate average over the 660 manufacturers. The estimated labor mix, from the previous ICR, and costs are as follows:

Activity mgmt legal tech clerical read regs 0.05/$ 4.30 0.05/$ 4.20 0.1/$ 6.40 0 gather info 0 0 0.1/$ 6.40 0 review info 0.05/$ 4.30 0.05/$ 4.20 0.1/$ 6.40 0 complete form 0 0 0.1/$ 6.40 0.2/$ 7.60 copy attachments 0 0 0 0.1/$ 3.80 transmit to EPA 0 0 0 0.1/$ 3.80 totals 0.1/$ 8.60 0.1/$ 8.40 0.4/$ 25.60 0.4/$ 15.20 1.0/$ 57.80 Worksheet 7: Fuel Manufacturer Quarterly Report The informal discussions in section 3( c) gave a range from around one half to twentyeight hours per fuel. The fuel production and additive usage data required for the report are routinely monitored and collected in the normal course of business for reasons other than these requirements. Indeed, economic viability depends on close monitoring of these data. For small manufacturers with only one or two production sites and little variation in additive usage, we believe that a half hour is a reasonable estimate. Certainly large manufacturers with broad additive slates will spend somewhat more time. EPA believes that the estimate in the previous ICR of three hours is still an appropriate average across all manufacturers.. Assuming the same relative labor mix as for the additive annual report gives a cost burden of $ 173.40 per report.

Worksheet 8: Fuel Manufacturer Annual Report The informal estimates in section 3( c) range from around one half to twenty eight hours per fuel. As with the quarterly report, the burden varies with the size and complexity of the manufacturer. The data, general fuel properties and any new health effects data, are readily known to the manufacturer. EPA believes that the estimate in the previous ICR of three hours is still appropriate. Assuming the same relative labor mix as for the additive annual report gives a cost burden of $ 173.40 per report.

6( c) Estimating Agency Burden and Cost 16 The Agency activities listed in section 5( a) are handled primarily by contractor personnel for $ 98,000 per year. A part time Senior Environmental Employee ( SEE) is employed at $ 12,000 per year for data entry. Eight hundred twenty square feet of space are leased at $ 25,000 per year. Security monitoring is $ 5,000 per year. Portions of the following EPA personnel are involved ( with 1.6 overhead factor): GS 14 Environmental Engineer ( EE), $ 94K x 1.6=$ 150K GS 13 Chemical Engineer ( CE), $ 75K x 1.6=$ 120K GS 13 Program Analyst ( PA), $ 75K x 1.6=$ 120K GS 13 Computer Specialist ( CS), $ 75K x 1.6=$ 120K Worksheet 9: Annual Agency Burden in Full Time Equivalents ( FTE's)

activity EE CE PA CS respond to inquiries 0.1/$ 15000 0.1/$ 12000 0 0 mail info by contractor review data 0.1/$ 15000 0.2/$ 24000 0 0 contact manu. 0 0.1/$ 12000 0 0 store info by contractor enter data by contractor and Senior Environmental Employee issue letters by contractor contract ad. 0.1/$ 15000 0 0.2/$ 24000 0 security 0 0 0.1/$ 12000 0 record cbi division clerical support maintain computer by contractor 0.05/$ 6000 program oversight 0.2/$ 30000 0.1/$ 12000 0 0 totals 0.5/$ 75000 0.5/$ 60000 0.3/$ 36000 0.05/$ 6000 total 1.35 FTE/$ 177,000 Total Annual Cost to the Government Contract $ 98,000 Part time SEE $ 12,000 Lease $ 25,000 Security $ 5,000 FTE's $ 177,000 Total $ 317,000 Thus, the annual estimated cost to the government is $ 317,000. The total hours are 1.35 FTE x 2080 hours/ FTE= 2808.

6( d) and ( e) Estimating the Respondent Universe and Total Burden and Costs, and Bottom Line Burden Hours and Costs The following worksheet is based on an inventory of 600 registered fuels and 5600 registered additives. Of the additives, about1600 are merely relabels, so only 5600 1600= 4000 17 additives will require annual reports. Data for 1999 indicate that EPA is receiving approximately 50 new fuel notifications, 600 fuel notification updates, 500 new additive notifications, and 500 additive notification updates annually. Supplemental notifications would be the sum of the fuel and additive notifications, 50+ 500= 550.

Worksheet 10: Annual Industry Burden Form Number Hours/ Cost Total Hours/ Cost Additive Notification 500 4.0/$ 250.80 2000/$ 125,400 Additive Update 500 1.0/$ 53.60 500/$ 26,800 Additive Annual 4000 1.0/$ 57.80 4000/$ 231,200 Fuel Notification 50 4.0/$ 250.80 200/$ 12,540 Fuel Update 600 1.0/$ 53.60 600/$ 32,160 Fuel Annual 600 3.0/$ 173.40 1800/$ 104,040 Fuel Quarterly 2400 3.0/$ 173.40 7200/$ 416,160 Supplemental 550 4.0/$ 250.80 2200/$ 137,940 Totals 9,200 18,500/$ 1,086,240 Thus, the net burden to industry is 18,500 hours and $ 1,086240, plus 9,200 submissions x $ 3.00 each for postage, or $ 27,600+$, 1,086,240=$ 1,113,840. The burden is gauged per form. Some manufacturers have hundreds of products, some have only one or two. Per section 6( c), the annual burden to the government is 2808 hours and $ 317,000. It is recommended that the above costs be increased 3% annually for inflation.

6( f) Reasons for Change in Burden The net burden has been reduced primarily due to the decrease in periodic reporting burden due to a modest decrease in the number of fuels ( from 800 to 600) and additives ( from 6300 to 5600) registered. This has been balanced to some extent by an increase in the number fuel and additive updates. As noted earlier, the burdens for the additive notification, fuel notification, and supplemental notification were increased from three to four hours per form as a result of our respondent survey. The following worksheet summarizes the changes:

Worksheet 11: Changes in Burden  Hours Form Previous Requested Change Reason additive notification 1650 2000 + 350 adjustment additive update 200 500 + 300 adjustment additive annual 4700 4000  700 adjustment fuel 18 notification 300 200  100 adjustment fuel annual 2400 1800  600 adjustment fuel quarterly 9600 7200  2400 adjustment fuel update 100 600 + 500 adjustment supplemental notification 1950 2200 + 250 adjustment totals 20,900 18,500  2,400 6( g) Burden Statements For the two notification forms and the supplemental notification, the statement is proposed to read as follows:

The public reporting burden for this Environmental Protection Agency ( EPA) collection of information is estimated to average 2 hours per response. This includes time for reviewing instructions and regulations, searching company records, gathering the needed data, and completing, reviewing, copying, and transmitting the collection of information.

Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.

Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, Office of Environmental Information ( OEI), U. S. Environmental Protection Agency, Mail Code 2822, 1200 Pennsylvania Avenue, NW, Washington, D. C. 20460; and to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Officer for EPA. Include the EPA ICR number 0309.10 and OMB control number 2060 0150 in any correspondence. For the additive annual report form, the statement would be identical, with the exception 19 that the burden estimate would be one hour. For the quarterly and annual fuel report forms, the statement would be identical, with the exception that the burden estimate would be three hours.

Attachments ( 11)

List of Attachments Attachment 1  40 CFR 79, Subparts A, B, C and D Attachment 2  Sections 211( a), ( b) and ( e) of the Clean Air Act Attachment 3  First Federal Register notice, 65 FR 42689, July 11, 2000 Attachment 4  EPA Form 3520 12 Attachment 5  EPA Form 3520 13 Attachment 6  EPA Form 3520 16 Attachment 7  EPA Form 3520 13A Attachment 8  EPA DUR 368 Attachment 9  EPA DUR 371 Attachment 10  EPA DUR 369 Attachment 11  EPA DUR 372


[Federal Register Volume 88, Number 53 (Monday, March 20, 2023)]
[Notices]
[Pages 16616-16617]
[FR Doc No: 2023-05534]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG23-89-000.
    Applicants: San Jacinto Grid, LLC.
    Description: San Jacinto Grid, LLC submits Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 3/13/23.
    Accession Number: 20230313-5158.
    Comment Date: 5 p.m. ET 4/3/23.

    Docket Numbers: EG23-90-000.
    Applicants: Ortega Grid, LLC.
    Description: Ortega Grid, LLC submits Notice of Self-Certification
of Exempt Wholesale Generator Status.
    Filed Date: 3/13/23.
    Accession Number: 20230313-5163.
    Comment Date: 5 p.m. ET 4/3/23.

    Docket Numbers: EG23-91-000.
    Applicants: Baldy Mesa Solar, LLC.
    Description: Baldy Mesa Solar, LLC submits Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 3/13/23.
    Accession Number: 20230313-5166.
    Comment Date: 5 p.m. ET 4/3/23.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER21-1685-001.
    Applicants: Tri-State Generation and Transmission Association, Inc.
    Description: Compliance filing: Order 864 Compliance Filing to be
effective 2/25/2020.
    Filed Date: 3/13/23.
    Accession Number: 20230313-5099.
    Comment Date: 5 p.m. ET 4/3/23.

    Docket Numbers: ER21-1706-001.
    Applicants: Tri-State Generation and Transmission Association,
Inc., Southwest Power Pool, Inc.
    Description: Compliance filing: Tri-State Generation and
Transmission Association, Inc. submits tariff filing per 35: Tri-State
Generation and Transmission, Inc. Supplemental Order 864 Compliance to
be effective 1/27/2020.
    Filed Date: 3/13/23.
    Accession Number: 20230313-5105.
    Comment Date: 5 p.m. ET 4/3/23.

    Docket Numbers: ER23-474-001.
    Applicants: California Independent System Operator Corporation.
    Description: Compliance filing: 2023-03-13 Washington WEIM
Greenhouse Gas Compliance Filing to be effective 12/31/9998.
    Filed Date: 3/13/23.
    Accession Number: 20230313-5171.
    Comment Date: 5 p.m. ET 4/3/23.

    Docket Numbers: ER23-580-002.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Amendment: Amendment to WMPA, SA No. 5591;
Queue No. AE2-054 (amend) to be effective 2/7/2023.
    Filed Date: 3/13/23.
    Accession Number: 20230313-5047.
    Comment Date: 5 p.m. ET 4/3/23.

    Docket Numbers: ER23-625-001.
    Applicants: System Energy Resources, Inc.
    Description: Tariff Amendment: SERI Deficiency Response ER23-625 to
be effective 1/1/2023.
    Filed Date: 3/13/23.
    Accession Number: 20230313-5139.
    Comment Date: 5 p.m. ET 4/3/23.

    Docket Numbers: ER23-659-002.
    Applicants: Upper Missouri G. & T. Electric Cooperative, Inc.
    Description: Tariff Amendment: Second Amendment to Revisions to
FERC Elec. Tariff No. 1 to be effective 1/1/2023.
    Filed Date: 3/13/23.
    Accession Number: 20230313-5055.
    Comment Date: 5 p.m. ET 4/3/23.

    Docket Numbers: ER23-831-001.
    Applicants: Southwest Power Pool, Inc.
    Description: Tariff Amendment: 2045R12 Evergy Kansas Central, Inc.
NITSA NOA to be effective 1/1/2023.
    Filed Date: 3/13/23.
    Accession Number: 20230313-5130.
    Comment Date: 5 p.m. ET 4/3/23.

    Docket Numbers: ER23-1318-000.
    Applicants: Alabama Power Company, Georgia Power Company,
Mississippi Power Company.
    Description: Sec.  205(d) Rate Filing: Alabama Power Company
submits tariff filing per 35.13(a)(2)(iii: Bigleaf Solar LGIA Filing to
be effective 2/27/2023.
    Filed Date: 3/13/23.
    Accession Number: 20230313-5089.
    Comment Date: 5 p.m. ET 4/3/23.

    Docket Numbers: ER23-1319-000.
    Applicants: Baldy Mesa Solar, LLC.
    Description: Baseline eTariff Filing: Baldy Mesa Solar, LLC MBR
Tariff to be effective 5/1/2023.
    Filed Date: 3/13/23.
    Accession Number: 20230313-5116.
    Comment Date: 5 p.m. ET 4/3/23.

    Docket Numbers: ER23-1323-000.
    Applicants: Tri-State Generation and Transmission Association, Inc.
    Description: Sec.  205(d) Rate Filing: Amendment to Rate Schedule
FERC No. 70 to be effective 5/12/2023.
    Filed Date: 3/13/23.
    Accession Number: 20230313-5140.
    Comment Date: 5 p.m. ET 4/3/23.
    Take notice that the Commission received the following qualifying
facility filings:

    Docket Numbers: QF23-789-000.
    Applicants: IIV001-Za, LLC.
    Description: Form 556 of IIV001-Za, LLC.
    Filed Date: 3/10/23.
    Accession Number: 20230310-5071.
    Comment Date: 5 p.m. ET 3/31/23.

    Docket Numbers: QF23-790-000.
    Applicants: NBC003-0, LLC.
    Description: Form 556 of NBC003-0, LLC.
    Filed Date: 3/10/23.
    Accession Number: 20230310-5157.
    Comment Date: 5 p.m. ET 3/31/23.

    Docket Numbers: QF23-791-000.
    Applicants: SMH000-0, LLC.
    Description: Form 556 of SMH000-0, LLC.
    Filed Date: 3/10/23.
    Accession Number: 20230310-5160.
    Comment Date: 5 p.m. ET 3/31/23.

    Docket Numbers: QF23-794-000.
    Applicants: IIV002-A, LLC.
    Description: Form 556 of IIV002-A, LLC.
    Filed Date: 3/10/23.
    Accession Number: 20230310-5270.
    Comment Date: 5 p.m. ET 3/31/23.

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

    Dated: March 13, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-05534 Filed 3-17-23; 8:45 am]
BILLING CODE 6717-01-P