[Federal Register Volume 88, Number 87 (Friday, May 5, 2023)]
[Proposed Rules]
[Pages 29007-29010]
[FR Doc No: 2023-09576]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2023-0186]
RIN 1625-AA09

Drawbridge Operation Regulation; Portage River, Port Clinton, OH

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to modify the operating regulations
of the Monroe Street Highway Bridge, mile 0.4 and the Norfolk Southern
Railroad Bridge, mile 1.5, over the Portage River at Port Clinton,
Ohio. We invite your comments on this proposed rulemaking.

DATES: Comments and relate material must reach the Coast Guard on or
before July 5, 2023.

ADDRESSES: You may submit comments identified by docket number USCG-
2023-0186 using Federal Decision-

Making Portal at https://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary final rule, call or email Mr. Lee D. Soule, Bridge Management
Specialist, Ninth Coast Guard District; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
IGLD International Great Lakes Datum of 1985
LWD Low Water Datum based on IGLD85
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    The Portage River is 41.5 miles long and empties into Lake Erie at
Port Clinton, Ohio. The lower twelve miles of the Portage River,
between Oak Harbor and the mouth at Port Clinton, is an estuary and is
over 3,000 feet wide making it a prime location for recreational
boating, canoeing, and kayaking.
    Several inspected and uninspected passenger vessels operate in the
river, sharing the waterway with approximately 12,000 (state
registered) powered and unpowered recreational vessels.
    The river is crossed by two movable bridges. The Monroe Street
Highway Bridge, mile 0.4, is a double leaf bascule bridge that provides
a horizontal clearance of 75-feet and a vertical clearance of 9-feet in
the closed position and an unlimited clearance in the open position
based on LWD. The Norfolk Southern Railroad Bridge, mile 1.5, is a
single leaf bascule bridge with a horizontal clearance of 109-feet and
a vertical clearance of 9-feet in the closed position and an unlimited
clearance in the open position based on LWD and is remotely operated by
the Norfolk Southern Railroad Bridge, mile 5.76, over the Maumee River,
Toledo, OH.
    The current bridge regulation was written in 1986 (49 FR 17452); it
has been amended four times. We intend to revise the regulation to make
it easy to understand and to align this regulation with the regulations
of the Maumee and Sandusky Rivers, for the ease of drawtenders and the
mariners.

III. Discussion of Proposed Rule

    Paragraph (a) of 33 CFR 117.851 speaks of emergency and public
vessels crossing at the bridge. This requirement was included with the
original regulation before the requirements of 33 CFR 117.31 were
promulgated and to prevent any confusion with part a of 33 CFR 117.
Accordingly, we propose removing this language.
    We propose to remove the board gauge requirement in paragraph (b)
since the water fluctuations in the river do not change rapidly and
both bridges over the river will be required to open on signal. If a
mariner is not certain of the clearance under the bridge, they can
request a full opening. We look forward to public comments on the
actual need and usefulness of the current board gauges.
    Monroe Street Highway Bridge, mile 0.4, currently the bridge opens
on the hour and half-hour in the summer; this schedule was intended to
preserve the bridge until it could be replaced. However, since the
publication of the original rule, the bridge has completed an extensive
rehabilitation, with both leaves having been removed and new leaves
fabricated for the bridge. New modern controls have been installed. The
bridge has annual daily crossings of 3,227 vehicles in 2022, compared
to 1994, when the bridge had an annual daily crossing of 5,800
vehicles. The trend has been a 2% to 17% drop in vehicles crossing this
bridge year over year. Hourly and half-hour opening are tools used to
extend the longevity of a failing drawbridge and balance the needs of
vehicle crossings while still meeting the reasonable needs of
navigation in the waterway. The Coast Guard believes that the previous
justifications for hourly and half-hour openings have diminished.
Accordingly, the Coast Guard is proposing removal of the hourly and
half-hour openings. Rather, the Coast Guard is proposing that the
bridge open on signal (with notice requirements during certain winter
months).
    The Norfolk Southern Railroad Bridge, mile 1.5, will continue to
operate remotely, maintain and operate a radiotelephone, and open on
signal. At this time, we do not propose that the bridge should remain
in the open position through the summer like the nearby Norfolk
Southern Railroad Bridge, mile 5.76; however, we will propose the
bridge operate and maintain a telephone the number, to be posted at the
bridge, so mariners may call and request an opening.
    When the winds exceed 40 mph there is a danger that lightweight
railcars could be blown off the Norfolk Southern Railroad Bridge, mile
1.5. These half floating railcars are a potential hazard to motorists
and marine traffic. During wind events, the railroad routinely sets
upwind blocker, composed of heavy railcars on the parallel track to
block the wind, which protects railcars from the wind. However, the
railroad must coordinate with the local Coast Guard Sector office
before posting wind blockers, as the wind blockers may disrupt a
bridge's posted operating schedule. Often, there is confusion on how
long the wind blocker can be posted and when it needs to be moved to
allow vessels to pass through the bridge. The Coast Guard is proposing
new language that will specify when a wind blocker is appropriate and
stipulate how it will be used by the railroad.
    The winter hours noted in paragraph 2 of the current regulation is
an antiquated regulation from when the U.S. Army Corps of Engineers
regulated bridges over navigable waters and allowed a 24-hour advance
notice. We propose amending the winter hours to require a 12-hour
advance notice, in line with current policies. Further, we propose
moving the dates from December 1 to April 30 to November 1 to April 30.
These dates will be in harmony with the inspected and uninspected
passenger vessels schedules and better meet the reasonable needs of
navigation for both the Monroe Street Highway Bridge, mile 0.4, and the
Norfolk Southern Railroad Bridge, mile 1.5.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on these statutes and Executive orders.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the ability that
vessels can still transit the bridge given advanced notice.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section IV.A
above this proposed rule would not have a significant economic impact
on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.

C. Collection of Information

    This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule will not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning Policy COMDTINST 5090.1
(series), which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The
Coast Guard has determined that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule promulgates the
operating regulations or procedures for drawbridges. Normally such
actions are categorically excluded from further review, under paragraph
L49, of Chapter 3, Table 3-1 of the U.S. Coast Guard Environmental
Planning Implementation Procedures.
    Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this rule. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2023-0186 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If your material cannot be submitted using https://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION
CONTACT section of this document for alternate instructions.
    Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted, or a
final rule is published of any posting or updates to the docket.
    We accept anonymous comments. Comments we post to https://www.regulations.gov will include any personal information you have
provided. For more about privacy and submissions in response to this
document, see DHS's eRulemaking System of Records notice (85 FR 14226,
March 11, 2020).

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority:  33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 00170.1, Revision 01.3.

0
2. Revise Sec.  117.851 Portage River to read as follows:

Sec.  117.851  Portage River.

    (a) The draw of the Monroe Street Highway Bridge, mile 0.4, will
open on signal, except from November 1 through April 30 the draw will
open on signal if at least 12-hours' notice is given.
    (b) The draw of the Norfolk Southern Railroad Bridge, mile 1.5, is
remotely operated, is required to operate a radiotelephone and a
telephone, and will open on signal, except from November 1 through
April 30 the draw will open on signal if at least 12-hours' notice is
given. If the winds are predicted to be over 40 MPH, a wind blocker is
authorized, and the bridge will open with a 2-hour advance notice until
the end of the wind event. The drawtender will request the cognizant
USCG Sector to issue a broadcast notice to mariners to alert vessels of
the wind blocker and the 2-hour advance notice requirement.

    Dated: May 1, 2023.
E.J. Doucette,
Captain, U.S. Coast Guard, Acting Commander, Ninth Coast Guard
District.
[FR Doc. 2023-09576 Filed 5-4-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 83, Number 177 (Wednesday, September 12, 2018)]
[Notices]
[Pages 46157-46158]
[FR Doc No: 2018-19805]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
corporate filings:
    Docket Numbers: EC18-151-000.
    Applicants: Breckinridge Wind Project, LLC, Carousel Wind Farm,
LLC, Cottonwood Wind Project, LLC, Golden Hills North Wind, LLC, Golden
Hills Interconnection, LLC, Kingman Wind Energy I, LLC, Kingman Wind
Energy II, LLC, Mountain View Solar, LLC, NextEra Energy Bluff Point,
LLC, Ninnescah Wind Energy, LLC, Rush Springs Wind Energy, LLC, NEP US
SellCo, LLC, NEP Renewables Holdings, LLC.
    Description: Joint Application for Authorization Under Section 203
of the Federal Power Act of Breckinridge Wind Project, LLC, et al.
    Filed Date: 9/5/18.
    Accession Number: 20180905-5102.
    Comments Due: 5 p.m. ET 9/26/18.

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

    Docket Numbers: ER18-2379-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: 3rd Rev ISA SA No. 3837; 2nd
Rev CSA SA No. 3838; Queue #X4-048/Y2-089/AA1-077 to be effective 8/6/
2018.
    Filed Date: 9/5/18.
    Accession Number: 20180905-5101.
    Comments Due: 5 p.m. ET 9/26/18.

    Docket Numbers: ER18-2380-000.
    Applicants: California Independent System Operator Corporation.
    Description: Sec.  205(d) Rate Filing: 2018-09-05 Dispatch
Operating Target Clarification Amendment to be effective 11/6/2018.
    Filed Date: 9/6/18.
    Accession Number: 20180906-5000.
    Comments Due: 5 p.m. ET 9/27/18.

    Docket Numbers: ER18-2381-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Annual Calculation of the Cost of New Entry value
(``CONE'') for each Local Resource Zone (``LRZ'') in the MISO Region of
Midcontinent Independent System Operator, Inc.
    Filed Date: 9/5/18.
    Accession Number: 20180905-5136.
    Comments Due: 5 p.m. ET 9/26/18.

    Docket Numbers: ER18-2382-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: Revisions to Attachment AP
to Remove References to SPP as Regional Entity to be effective 9/1/
2018.
    Filed Date: 9/5/18.
    Accession Number: 20180905-5137.
    Comments Due: 5 p.m. ET 9/26/18.

    Docket Numbers: ER18-2383-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: Bylaws and Membership
Agreement Revisions to Remove References to SPP RE to be effective 9/1/
2018.
    Filed Date: 9/5/18.
    Accession Number: 20180905-5147.
    Comments Due: 5 p.m. ET 9/26/18.

    Docket Numbers: ER18-2384-000.
    Applicants: Ameren Illinois Company.
    Description: Notice of Cancellation of Rate Schedule No. 43 of
Ameren Illinois Company.
    Filed Date: 9/5/18.
    Accession Number: 20180905-5148.
    Comments Due: 5 p.m. ET 9/26/18.

    Docket Numbers: ER18-2385-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 607R33 Westar Energy, Inc.
NITSA NOA to be effective 9/27/2018.
    Filed Date: 9/6/18.
    Accession Number: 20180906-5059.

    Comments Due: 5 p.m. ET 9/27/18.

    Docket Numbers: ER18-2386-000.
    Applicants: NRG REMA LLC.
    Description: Compliance filing: Notice of Succession for Reactive
Service Rate Schedule to be effective 8/21/2018.
    Filed Date: 9/6/18.
    Accession Number: 20180906-5060.
    Comments Due: 5 p.m. ET 9/27/18.

    Docket Numbers: ER18-2387-000.
    Applicants: GenOn Mid-Atlantic, LLC.
    Description: Compliance filing: Notice of Succession for Reactive
Service Rate Schedules to be effective 8/21/2018.
    Filed Date: 9/6/18.
    Accession Number: 20180906-5061.
    Comments Due: 5 p.m. ET 9/27/18.

    Docket Numbers: ER18-2388-000.
    Applicants: GenOn Energy Management, LLC.
    Description: Tariff Cancellation: Notice of Cancellation to be
effective 8/21/2018.
    Filed Date: 9/6/18.
    Accession Number: 20180906-5062.
    Comments Due: 5 p.m. ET 9/27/18.

    Docket Numbers: ER18-2389-000.
    Applicants: GenOn Energy Management, LLC.
    Description: Tariff Cancellation: Notices of Cancellation to be
effective 8/21/2018.
    Filed Date: 9/6/18.
    Accession Number: 20180906-5063.
    Comments Due: 5 p.m. ET 9/27/18.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or 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: September 6, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-19805 Filed 9-11-18; 8:45 am]
 BILLING CODE 6717-01-P


Means of transport planned to be used, including the types of containers containing the hazardous wastes;
 For each hazardous waste:

            --A description of the hazardous waste, applicable RCRA waste code(s), the applicable OECD waste code from the lists incorporated by reference in 40 CFR 260.11, and the United Nations/U.S. Department of Transportation (DOT) ID number;

            --The estimated total requested quantity to be shipped over the requested consent period; and
            --The recovery or disposal operation(s) to be used as defined in §262.81.

 Certification signed by the exporter that states that the information is complete and correct, that legally enforceable written contractual obligations have been entered into, and that any applicable insurance or other financial guarantee (if required by the country of import) is or shall be in force covering the transboundary movement.

      (ii)	Respondent activities

      In order to comply with the notification of intent to export requirements, the exporter must undertake the following tasks:

 Collect information; and

 Prepare, then electronically sign and submit a notification in EPA's Waste Import Export Tracking System (WIETS) at least 60 days before the initial shipment is intended to be shipped off site. To the extent that the notification is requesting renewal of a previous consent, the exporter can duplicate the previous notification in WIETS and make any needed changes prior to electronic signature and submittal. EPA estimates that 60 percent of exporters will be able to take advantage of this duplication feature and incur no additional burden for providing supplemental information in WIETS. The remaining 40 percent of exporters will have to enter this information for each new export notice.

(2)	Re-notification of Intent to Export

      Generators are also required to notify EPA should certain information on the notification be modified, such as an increase of the volume of hazardous wastes shipped, before the hazardous wastes are exported (§262.53(c)).  Under section 262.54(g), if a shipment cannot be delivered to the designated or alternate consignee for any reason, the primary exporter must either re-notify EPA before the delivery of the shipment to a new consignee (in accordance with §262.53(c)), or instruct the transporter to return the waste to the exporter or a management facility in the United States.

      (i)	Data items

       Written description of any of the modified notification information.  For certain categories of information (e.g., telephone numbers, ports of entry and exit, or decreases in quantity), EPA has waived this re-notification requirement.  EPA will inform the recipient and transit countries of the changes and, upon their consent, forward to the primary exporter an EPA Acknowledgment of Consent.

      (ii)	Respondent activities

      In order to comply with the re-notification of the intent to export requirements, the primary exporter must undertake the following tasks:

 Collect change to export information; and
 Prepare and submit a re-notification documenting changes.

(3)	Re-notification of Intent to Export

      Exporters are also required to notify EPA should certain information on the notification be modified, such as an increase of the volume of hazardous wastes shipped or the desired use of an additional transporter, before the hazardous wastes are exported (§262.83(b)(4)).

      (i)	Data items

       Duplicated and modified notification electronically signed and submitted to EPA reflecting the requested changes.  EPA will inform the countries of import and transit of the changes if their consent is needed for the changes and, upon their consent, forward to the primary exporter a new EPA Acknowledgment of Consent.

      (ii)	Respondent activities

      In order to comply with the re-notification of the intent to export requirements, the primary exporter must undertake the following tasks:

 Collect change to export information; and
 Prepare, then electronically sign and submit a re-notification noting requested changes.

(4)	Exception Reports

	Under section 262.83(e), if a shipment cannot be cannot be completed in accordance with the terms of the contract or the consent(s) and alternative arrangements cannot be made to recover or dispose of the waste in an environmentally sound manner in the country of import, the exporter must ensure that the hazardous waste is returned to the United States or re-exported to a third country. If the waste must be returned, the exporter must provide for the return of the hazardous waste shipment within ninety days from the time the country of import informs EPA of the need to return the waste or such other period of time as the concerned countries agree. In all cases, the exporter must submit an exception report to EPA in accordance with section 262.83(h). Per section 262.83(h), the exporter must file an exception report in lieu of the requirements of §262.42 (if applicable) with EPA if any of the following occurs:

 The exporter has not received a copy of the RCRA hazardous waste manifest (if applicable) signed by the transporter identifying the point of departure of the hazardous waste from the United States, within forty-five (45) days from the date it was accepted by the initial transporter, in which case the exporter must file the exception report within the next thirty (30) days;

 The exporter has not received a written confirmation of receipt from the foreign receiving facility in accordance with section 262.83(d) within ninety (90) days from the date the waste was accepted by the initial transporter in which case the exporter must file the exception report within the next thirty (30) days; or

 The foreign receiving facility notifies the exporter, or the country of import notifies EPA, of the need to return the shipment to the U.S. or arrange alternate management, in which case the exporter must file the exception report within thirty (30) days of notification, or one (1) day prior to the date the return shipment commences, whichever is sooner.

      (i)	Data items

      An exception report containing the following data:
 A legible copy of the manifest for the shipment for which the exporter (if the generator) has not received a copy of the manifest signed by the transporter identifying the point of departure within forty-five (45) days from the date it was accepted by the initial transporter;
 A legible copy of the movement document for the shipment for which the exporter has not received a copy of the movement document signed by the foreign receiving facility confirming receipt within ninety (90) days from the date it was accepted by the initial transporter; or
 A legible copy of the movement document for the shipment for which the exporter has been informed by either the foreign receiving facility or EPA that the shipment must be managed by an alternate facility in the country of import or returned to the United States.
 A cover letter signed by the exporter or his authorized representative explaining the efforts taken to locate the hazardous waste shipment and the results of those efforts, or the plans for alternate management or return of the rejected shipment.

      (ii)	Respondent activities

      In order to comply with the manifest requirements, the exporter must undertake the following tasks:

 Preparing and submitting a signed cover letter explaining the efforts taken to locate the hazardous waste shipment and the results of those efforts, or the plans for alternate management or return of the rejected shipment, along with a copy of the RCRA manifest and/or movement document; and

(5)	International Movement Document

      Under section 262.83(d), exporters of hazardous wastes must provide information and ensure use of a movement document through contracts. This is in addition to the RCRA manifest requirements (OMB Control No. 2050-0039).

      (i)	Data items

 The corresponding consent number(s) and hazardous waste number(s) for the listed hazardous waste from the relevant EPA AOC(s);
 The shipment number and the total number of shipments from the EPA AOC;
 Exporter name and EPA identification number, address, telephone, fax numbers, and email address;
 Foreign receiving facility name, address, telephone, fax numbers, email address, technologies employed, and the applicable recovery or disposal operations as defined in §262.81;
 Foreign importer name (if not the owner or operator of the foreign receiving facility), address, telephone, fax numbers, and email address;
 Description(s) of each hazardous waste, quantity of each hazardous waste in the shipment, applicable RCRA hazardous waste code(s) for each hazardous waste, applicable OECD waste code for each hazardous waste from the lists incorporated by reference in 40 CFR 260.11, and the United Nations/U.S. Department of Transportation (DOT) ID number for each hazardous waste;
 Date movement commenced;
 Name (if not exporter), address, telephone, fax numbers, and email of company originating the shipment;
 Company name, EPA ID number (if operating in the U.S.), address, telephone, fax, and email address of all transporters;
 Identification of means of transport, including types of packaging; and
 Any special precautions to be taken by transporter(s).

      (ii)	Respondent activities

      In order to comply with the tracking requirements, the exporter must undertake the following tasks:

 Complete the additional information for the movement document.

(6)	Contracts

	Under section 262.83(f), exporters must establish a contract, chain of contracts, or equivalent arrangements (when the movement occurs between parties controlled by the same corporate or legal entity) to be executed by the exporter, foreign importer (if different from the foreign receiving facility), and the owner or operator of the foreign receiving facility, specifying the parties relevant to the shipments and the various legal responsibilities of each party involved to ensure compliance with the export requirements. Routine submittal of contracts to EPA is not required.

      (i)	Data items

 Contracts or equivalent arrangements must specify the name and EPA ID number, where available, of the following:

             --The company from where each export shipment of hazardous waste is initiated;

             --Each person who will have physical custody of the hazardous wastes;

             --Each person who will have legal control of the hazardous wastes; and

             --The foreign receiving facility.

 Contracts or equivalent arrangements must specify which party to the contract will assume responsibility for alternate management of the hazardous wastes if their disposition cannot be carried out as described in the notification of intent to export. In such cases, contracts must specify that:

             --The transporter or foreign receiving facility having actual possession or physical control over the hazardous wastes will immediately inform the exporter, EPA, and either the competent authority of the country of transit or the competent authority of the country of import of the need to make alternate management arrangements; and

             --The person specified in the contract will assume responsibility for the adequate management of the hazardous wastes in compliance with applicable laws and regulations including, if necessary, arranging the return of hazardous wastes and, as the case may be, shall provide the notification for re-export to the competent authority in the country of import and include the equivalent of the information required in section 262.83(b), the original consent number issued for the initial export of the hazardous wastes in the notification, and obtain consent from EPA and the competent authorities in the new country of import and any transit countries prior to re-export.

 Contracts must specify that the foreign receiving facility send a copy of the signed movement document to confirm receipt within three working days of shipment delivery to the exporter and to the competent authorities of the countries of import and transit. For contracts that will be in effect on or after the electronic import-export reporting compliance date, the contracts must additionally specify that the foreign receiving facility send a copy to EPA at the same time using the allowable methods listed in paragraph (b)(1) of this section on or after that date.

 Contracts must specify that the foreign receiving facility shall send a copy of the signed and dated confirmation of recovery or disposal, as soon as possible, but no later than thirty days after completing recovery or disposal on the waste in the shipment and no later than one calendar year following receipt of the waste, to the exporter and to the competent authority of the country of import. For contracts that will be in effect on or after the electronic import-export reporting compliance date, the contracts must additionally specify that the foreign receiving facility send a copy to EPA at the same time using the allowable methods listed in paragraph (b)(1) of this section on or after that date.

 Contracts must specify that the foreign importer or the foreign receiving facility that performed interim recycling operations R12, R13, or RC16, or interim disposal operations D13 through D15 or DC17, (recovery and disposal operations defined in 40 CFR 262.81) as appropriate, will:

             --Provide the notification required in paragraph (f)(3)(ii) of this section prior to any re-export of the hazardous wastes to a final foreign recovery or disposal facility in a third country; and

             --Promptly send copies of the confirmation of recovery or disposal that it receives from the final foreign recovery or disposal facility within one year of shipment delivery to the final foreign recovery or disposal facility that performed one of recovery operations R1 through R11, or RC16, or one of disposal operations D1 through D12, DC15 or DC16 to the competent authority of the country of import. For contracts that will be in effect on or after the electronic import-export reporting compliance date, the contracts must additionally specify that the foreign facility send copies to EPA at the same time using the allowable method listed in paragraph (b)(1) of this section on or after that date.

 Contracts or equivalent arrangements must include provisions for financial guarantees, if required by the competent authorities of the country of import and any countries of transit, in accordance with applicable national or international law requirements.

 Contracts or equivalent arrangements must contain provisions requiring each contracting party to comply with all applicable requirements of this subpart.

      (ii)  Respondent Activities

 Prepare and execute contract.

(7)	Additional Reporting

      Under section 262.83(b)(8), EPA may request that exporters submit additional information, as requested by the country of import.

      (i)	Data items

 The data items required by this demonstration are specified by the country of import.

      (ii)	Respondent activities

      In order to submit these reporting data items, exporters must:

       Gather and provide any additional information requested by EPA on behalf of the country of import.

(8)	Annual Report Requirements

      Section 262.83(g) requires exporters of hazardous wastes to file an Annual Report with the Administrator summarizing hazardous waste export activities conducted during the previous calendar year.

      (i)	Data items

      The following data items must be reported annually:

 The EPA identification number, name, and mailing address and site address of the exporter;

 The calendar year covered by the report;

 The name and site address of each foreign receiving facility;

 For each foreign receiving facility, the following data for each hazardous waste exported:

            --A description of the hazardous waste,

            --The applicable RCRA hazardous waste code(s),

            --The applicable OECD waste code from the lists incorporated by reference in 40 CFR 260.11,

            --The DOT ID number,

            --The name and US EPA ID number (where applicable) for each transporter used,

            --The consent number(s) under which the hazardous waste was shipped, and for each consent number, the total amount of the hazardous waste and the number of shipments exported during the calendar year covered by the report;

       In even numbered years, a description of efforts undertaken to reduce the volume and toxicity of wastes generated, as well as a description of any variation in the volume and toxicity of wastes relative to previous years (not applicable to SQGs, or to LQGs that submitted this information in a Biennial Report); and

 A signed certification.

      (ii)	Respondent activities

      In order to comply with the Annual Report requirements, the exporter must undertake the following tasks:

 Research the information needed for SQGs and LQGs; and

 Review the draft Annual Report in WIETS, correct or amend as needed, then electronically sign and submit the final Annual Report to EPA.

(9)	Automated Export System (AES) Filing Requirements

      Exporters or a U.S. authorized agent must file between two (2) and five (5) additional RCRA related items as part of the export shipment filing required under U.S. Department of Commerce Census Bureau (Census Bureau) regulations at 15 CFR Part 30. The AES filing, which is required for all shipments that have a value in excess of $2,500 or that are required to be shipped under an export license issued by a federal agency, must be filed prior to arrival at the U.S. port of exit, similar to the current export requirements. The EPA AOC letter meets the Census Bureau's regulatory definition of an export license.

      (i)	Data items

      The following items must be filed along with the other information required under 15 CFR 30.6:

 EPA license code;
 RCRA manifest tracking number, if the shipment is required to be RCRA manifested;
 For each hazardous waste in the shipment,
                  --EPA waste stream consent number, and
                  --EPA net quantity and reporting units (i.e., units of kilograms if solid or units of liters if liquid), if Census Bureau required reporting under 15 CFR 30.6(a)(15) are not in units of weight or volume.

      (ii)	Respondent activities

      In order to comply with the AES filing requirements, the exporter must undertake the following tasks:

 Prepare and file the additional RCRA related items as part of the AES filing required for each export shipment shipped under an EPA AOC letter.

(10)	Recordkeeping Requirements

      Section 262.83(i) requires all exporters to keep a copy of certain documents for a period of at least three years (or longer if requested by the Administrator or if related to an activity subject to an enforcement action):

      (i)	Data items

      The following records must be kept:

          A copy of each notification of intent to export and each EPA AOC for a period of at least three (3) years from the date the hazardous waste was accepted by the initial transporter;

          A copy of each annual report for a period of at least three (3) years from the due date of the report;

          A copy of any exception reports and a copy of each confirmation of receipt (i.e., movement document) sent by the foreign receiving facility to the exporter for at least three (3) years from the date the hazardous waste was accepted by the initial transporter; and

          A copy of each confirmation of recovery or disposal sent by the foreign receiving facility to the exporter for at least three (3) years from the date that the foreign receiving facility completed interim or final processing of the hazardous waste shipment.

          A copy of each contract or equivalent arrangement established per section 262.83(f) for at least three (3) years from the expiration date of the contract or equivalent arrangement.

      (ii)	Respondent activities

      In order to comply with the recordkeeping requirements, the exporter must undertake the following task:

 File and maintain the documents for a period of at least three years. Notifications, EPA AOC letters, and Annual Reports created and stored in WIETS may be used to meet the recordkeeping requirements per section 262.83(i)(2) provided copies of the documents are available for viewing and production if requested by any EPA or authorized state inspector.

(11)	Notification of Intent to Import

      Section 262.84(b) requires the importers of hazardous wastes to submit to EPA a signed notification of intent to import at least sixty (60) days before the first shipment is expected to depart the country of export in cases where the country of export does not control the shipment as a hazardous waste export, and thus does not require the foreign exporter to submit an notice proposing export and obtain consent from EPA and the competent authorities for the countries of transit.

      (i)	Data items

      The data items required by this notification include:

 The foreign exporter name, address, telephone number, fax number, and email address;
 The name, EPA ID number, address, telephone number, fax number, email address, technologies employed, and the applicable recovery or disposal operations as defined in §262.81 for the U.S. final receiving facility, and for the U.S. interim receiving facility if there is one;
       The name (if not the owner or operator of the initial U.S. receiving facility), address, EPA ID number, telephone number, fax number, and email address of the U.S. importer; and
 Intended transporter(s) and/or their agent(s); address, telephone, fax, and email address;
 "U.S." as the country of import name, "USA01" as the relevant competent authority code, and the intended U.S. port(s) of entry;
 The ISO standard 3166 country name 2-digit code, OECD/Basel competent authority code, and the ports of entry and exit for each country of transit;
 The ISO standard 3166 country name 2-digit code, OECD/Basel competent authority code, and port of exit for the country of export;
 Statement of whether the notification covers a single shipment or multiple shipments;
 Start and End Dates requested for the export shipments reflecting up to the standard 12-month consent period;
 Expected number or frequency of shipments;
 Means of transport planned to be used, including the types of containers containing the hazardous wastes;
 For each hazardous waste:

            --A description of the hazardous waste, applicable RCRA waste code(s), the applicable OECD waste code from the lists incorporated by reference in 40 CFR 260.11, and the United Nations/U.S. Department of Transportation (DOT) ID number;

            --The estimated total requested quantity to be shipped over the requested consent period; and
            --The recovery or disposal operation(s) to be used as defined in §262.81.

 Certification signed by the importer that states that the information is complete and correct, that legally enforceable written contractual obligations have been entered into, and that any applicable insurance or other financial guarantee (if required by the country of export) is or shall be in force covering the transboundary movement.

      (ii)	Respondent activities

      In order to comply with the notification of intent to export requirements, the importer must undertake the following tasks:

 Collect information; and

 Prepare, then electronically sign and submit a notification in EPA's Waste Import Export Tracking System (WIETS) at least 60 days before the initial shipment is intended to depart the country of export. While not yet required, currently all U.S. importers are submitting such notices electronically in WIETS. To the extent that the notification is requesting renewal of a previous consent, the importer can duplicate the previous notification in WIETS and make any needed changes prior to electronic signature and submittal. EPA estimates that 60 percent of importers will be able to take advantage of this duplication feature and incur no additional burden for providing supplemental information in WIETS. The remaining 40 percent of importers will have to enter this information for each new import notice.

(12)	Re-notification of Intent to Import

      Importers are also required to notify EPA should certain information on the notification be modified, such as an increase of the volume of hazardous wastes shipped or the desired use of an additional transporter, before the hazardous wastes are imported (§262.84(b)(3)).

      (i)	Data items

       Duplicated and modified notification electronically signed and submitted to EPA reflecting the requested changes.  EPA will inform the countries of transit of the changes if their consent is needed for the changes and, upon their consent, forward to the importer a new EPA Acknowledgment of Consent.

      (ii)	Respondent activities

      In order to comply with the re-notification of the intent to export requirements, the importer must undertake the following tasks:

 Collect change to import information; and

 Prepare, then electronically sign and submit a re-notification noting requested changes.

(13)	International Movement Document

      Under section 262.84(d), importers of hazardous wastes must provide information and ensure use of a movement document through contracts. This is in addition to the RCRA manifest requirements (OMB Control No. 2050-0039).

      (i)	Data items

 The corresponding consent number(s) and hazardous waste number(s) for the listed hazardous waste from the relevant EPA AOC(s);
 The shipment number and the total number of shipments from the EPA AOC;
 Foreign exporter name, address, telephone number, fax number, and email address;
 U.S. initial receiving facility name, EPA ID number, address, telephone number, fax number, email address, technologies employed, and the applicable recovery or disposal operations as defined in §262.81;
 U.S. importer name (if not the owner or operator of the U.S. initial receiving facility), EPA ID number, address, telephone number, fax number, and email address;
 Description(s) of each hazardous waste, quantity of each hazardous waste in the shipment, applicable RCRA hazardous waste code(s) for each hazardous waste, applicable OECD waste code for each hazardous waste from the lists incorporated by reference in 40 CFR 260.11, and the United Nations/U.S. Department of Transportation (DOT) ID number for each hazardous waste;
 Date movement commenced;
 Name (if not foreign exporter), address, telephone, fax numbers, and email of foreign company originating the shipment;
 Company name, EPA ID number (if operating in the U.S.), address, telephone, fax, and email address of all transporters;
 Identification of means of transport, including types of packaging; and
 Any special precautions to be taken by transporter(s).

      (ii)	Respondent activities

      In order to comply with the tracking requirements, the importer must undertake the following tasks:

 Complete the additional information for the movement document.

(14)	Contracts

	Under section 262.84(f), importers must establish a contract, chain of contracts, or equivalent arrangements (when the movement occurs between parties controlled by the same corporate or legal entity) to be executed by the foreign exporter, importer (if different from the initial receiving facility), and the owner or operator of the interim and final receiving facilities, specifying the parties relevant to the shipments and the various legal responsibilities of each party involved to ensure compliance with the import requirements. Routine submittal of contracts to EPA is not required.

      Data items

 Contracts or equivalent arrangements must specify the name and EPA ID number, where available, of the following:

             --The foreign company from where each import shipment of hazardous waste is initiated;

             --Each person who will have physical custody of the hazardous wastes;

             --Each person who will have legal control of the hazardous wastes; and

             --The interim and final receiving facilities.

 Contracts or equivalent arrangements must specify the use of a movement document in accordance with section 262.84(d);

 Contracts or equivalent arrangements must specify which party to the contract will assume responsibility for alternate management of the hazardous wastes if their disposition cannot be carried out as described in the notification submitted by either the foreign exporter or U.S. importer. In such cases, contracts must specify that:

             --The transporter or receiving facility having actual possession or physical control over the hazardous wastes will immediately inform the foreign exporter, importer, and the competent authority where the shipment is located of the need to arrange alternate management or return of the shipment; and

             --The person specified in the contract will assume responsibility for the adequate management of the hazardous wastes in compliance with applicable laws and regulations including, if necessary, arranging the return of the hazardous wastes and, as the case may be, shall provide the notification for re-export required in section 262.83(b)(7).

 Contracts must specify that the importer or the receiving facility that performed interim recycling operations R12, R13, or RC16, or interim disposal operations D13 through D15 or DC15 through DC17, as appropriate, will provide the notification required in section 262.83(b)(7) prior to the re-export of hazardous wastes. The recovery and disposal operations in this paragraph are defined in §262.81.

 Contracts or equivalent arrangements must include provisions for financial guarantees, if required by the competent authorities of the country of export and any countries of transit, in accordance with applicable national or international law requirements.

 Contracts or equivalent arrangements must contain provisions requiring each contracting party to comply with all applicable requirements of this subpart.

      (ii)  Respondent Activities

 Prepare and execute contract.

(15)	Recordkeeping Requirements

      Section 262.84(h) requires all importers to keep a copy of certain documents for a period of at least three years (or longer if requested by the Administrator or if related to an activity subject to an enforcement action):

      (i)	Data items

      The following records must be kept:

          A copy of each notification of intent to import and each EPA AOC for a period of at least three (3) years from the date the hazardous waste was accepted by the initial foreign transporter;

          A copy of each contract or equivalent arrangement established per section 262.84(f) for at least three (3) years from the expiration date of the contract or equivalent arrangement.

      (ii)	Respondent activities

      In order to comply with the recordkeeping requirements, the importer must undertake the following task:

 File and maintain the documents for a period of at least three years. Notifications and EPA AOC letters created and stored in WIETS may be used to meet the recordkeeping requirements per section 262.84(h)(3) provided copies of the documents are available for viewing and production if requested by any EPA or authorized state inspector.

 5.	THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT

      The following subsections discuss how EPA will collect the information, what activities EPA will perform once the information has been received, and how EPA will manage the information it collects.  The subsections also include a discussion of how the information collection requirements affect small entities.

      5(a)	AGENCY ACTIVITIES

      HAZARDOUS WASTE DETERMINATION REQUIREMENTS

      There are no Agency activities associated directly with generator waste determinations.  EPA and implementing states may review results of such determinations during site inspections.

      LARGE QUANTITY GENERATOR PRE-TRANSPORT REQUIREMENTS

      Although personnel training information is not formally submitted to EPA, EPA may review information collected from the requirements during facility inspections.  Therefore, this analysis assumes that the Agency will spend a minimal amount of review time at certain facilities.

       Agency activities associated with emergency reporting requirements include reviewing documents in the emergency coordinators' emergency reports and the facility's contingency plan.

      Agency activities associated with the receipt of reports of releases are review of the information submitted, entry of this information into a database tracking all releases, and, if necessary, transmittal of the information to the respective emergency response authorities.

      Agency activities associated with requirements for generators' tank systems include the following:

 Review and evaluate information on equivalent containment devices;

       Evaluate information submitted for exemption from the 24-hour leak detection requirement; and

       Evaluate information submitted for variances from secondary containment requirements, including no-free liquids demonstrations.

      In addition, the Agency must perform the following oversight activities for generators' tank systems:

 Evaluate information submitted for exemption from 24-hour waste removal requirement;
 Review existing tank integrity assessments;
 Review new tank design and installation assessments;
 Review release notification reports;
 Review major repair certifications; and
 Review requests for accumulation period extensions.

      Agency activities associated with requirements for generators' drip pads include the following:

 Review plans for upgrading drip pads;
 Review and evaluate drawings and certifications of drip pads;
 Evaluate notices of releases from drip pads; and
 Review repairs conducted to drip pads.

      Agency activities associated with requirements for generators' containment buildings include the following:

 Review and evaluate notifications of releases of hazardous waste; and
 Review notices of repairs to containment buildings.

      Some of the records and certifications required under this section are not formally submitted to EPA, but must be kept on file at the facility and made available to EPA upon request.  On others, the regulations are not explicit about whether a demonstration must be submitted to EPA; this ICR generally assumes that LQGs submit the demonstrations anyway.

      Also, the Agency would also review requests for extensions of the accumulation period under section 262.17(b).

      LARGE QUANTITY GENERATOR AIR EMISSION STANDARDS

      (1)	Air Emissions from Process Vents

      There are no Agency activities associated with the requirements for generators with process vents.  Although EPA will examine monitoring documentation, control device documentation, waste determination documentation, and information required in the operating record during periodic inspections, these activities are part of EPA's overall compliance and enforcement program.  Therefore, the cost associated with these activities is not attributable to subpart AA.

      (2)	Air Emissions from Equipment Leaks

      Agency activities associated with the requirements for generators with equipment subject to subpart BB include:

       Reviewing notifications to implement the alternate valve standard specified in section 265.1061(a));

       Reviewing notifications to discontinue implementing the alternate valve specified in section 265.1061(a)); and

       Reviewing notifications to implement the alternate valve standard specified in sections 265.1062(b)(2) or (b)(3)).

      SMALL QUANTITY GENERATOR PRE-TRANSPORT REQUIREMENTS

      The Agency activities associated with SQG pre-transport requirements include reviewing requests for extensions of the accumulation period under section 262.16(d).  No other information is required to be submitted to EPA (SQG notification requirements include contacting the National Response Center, operated by the Coast Guard).

      RECORDKEEPING AND REPORTING

      Agency activities associated with the recordkeeping and reporting requirements include the on-site review of documents maintained at a facility, and the review of submitted information and the entry of this information into a database.

      EXPORT AND IMPORT REQUIREMENTS

      Agency activities associated with exports and imports are listed below.  During compliance inspections, the Agency will also review records kept on site.

Exports from the U.S.:

 Review of the notification for completeness and submittal of the notification to the country of import and any country of transit, in conjunction with the Department of State if the proposed shipment is not covered under the terms of an international agreement in which both the U.S. and the country of import participate;

 Receive and record the Acknowledgment of Receipt from the importing country;

 Receive and review the consent (or refusal) of the country of import and any transit countries to the receipt and transit of the hazardous waste;

 Generate and transmit an EPA AOC letter (or an EPA letter of objection) based on the country responses to the exporter;

 Receive and record the movement document received from the foreign recovery facility;

 Receive and record any exception report received from the exporter; and

 Receive and review for completeness the Annual Report received from the exporter.

Imports to the U.S.:

       Transmit an Acknowledgment of Receipt to the country of export.

       Receive and review the notification received from either the country of export or the U.S. importer for completeness and compliance with U.S. laws and regulations. Manually enter notification received from the country of export into WIETS.

       Based on review of the notification, generate and transmit an EPA AOC/consent letter (or letter of objection) to either the country of export or the U.S. importer.

 Receive and record the movement document received from the U.S. receiving facility.

 Receive and record the confirmation of recovery or disposal received from the U.S. interim and final receiving facilities.

      WIETS Development

      To implement electronic submittals for exports and imports, the most significant cost for EPA is the development and maintenance of the electronic submittal system. Any costs of the CDX system are not described in this ICR because it was developed to facilitate electronic submittal of data between EPA data systems and other entities such as the regulated community and other governments, and is covered under another ICR. EPA estimated in 2016 that the initial development of enhancements to WIETS to facilitate electronic submittal of export and import reports (specifically related to the rule) would cost $380,000, including staff technician labor costs. This ICR assumes that continued development costs will be incurred related to the following:  annual reports, export exception reports, export and import confirmation receipts, export and import confirmations of recovery/disposal, and import notifications regarding need to make alternate arrangements or need to return waste shipment. Costs related to developing reporting capabilities and enhancing reporting and analysis capabilities will also be incurred. It is anticipated the system will have a useful lifespan of 20 years. EPA estimated in 2016 that the recurring O&M costs for the enhancements to WIETS will be $260,500 per year after its development. Thus, the annualized cost for the enhancement of WIETS is $299,492 using a 7 percent discount rate. These costs may vary depending on how quickly WIETS is developed.

      EPA ID

      For recognized traders not located in authorized states that issue EPA ID numbers, EPA will need to review letters from recognized traders of hazardous waste requesting EPA identification numbers, enter this information into a database, generate an EPA ID number, and send it to each requesting recognized trader.

      5(b)	COLLECTION METHODOLOGY AND MANAGEMENT

	The collection and management of the information submitted in paper format to EPA is stored by EPA in file cabinets, while the information submitted electronically is stored and compiled in WIETS. In addition, the information is collected and stored for possible future use in enforcement actions. EPA uses electronic equipment such as personal computers and applicable database software, when appropriate.

      5(c)	SMALL ENTITY FLEXIBILITY

      When promulgating the regulations covered under this ICR, EPA considered the effect of these regulations on small businesses.  EPA found, however, that most small businesses do not generate a sufficient quantity of hazardous waste to be subject to any recordkeeping requirements and, therefore, are not significantly affected by the generator standards. EPA has been directed by Congress to promulgate standards to protect public health and the environment.  In certain cases, such as the Annual Report requirements for primary exporters of hazardous waste, EPA has limited the informational requirements for small generators.  These facilities do not have to include a description of efforts taken to reduce waste volume or toxicity, or descriptions of any variation in the volume and toxicity of wastes relative to previous years.  Certain categories of small entities are exempt from the information collection requirements described herein.  Others are subject to reduced requirements.  The training requirements do not apply to small quantity generators.  Nor are they subject to the contingency plan and emergency procedure requirements.  Finally, such generators are subject to reduced tank standards under section 265.201.

      5(d)	COLLECTION SCHEDULE

      HAZARDOUS WASTE DETERMINATION REQUIREMENTS

      There is no collection schedule for generators' hazardous waste determinations under this data collection effort. Instead, the hazardous waste determination information collection schedule is addressed under Land Disposal Restrictions ICR (OMB Control No. 2050-0085).

      PRE-TRANSPORT REQUIREMENTS (FOR BOTH LQGs AND SQGs)

      The reporting requirements outlined in the regulations will vary according to individual facility circumstances.  Because container labeling and keeping records of personnel training are conducted onsite, a discussion of a collection schedule is not relevant.

      There is no collection schedule for generators reporting releases of hazardous waste into the environment, as facilities only report on these occasions. The emergency coordinator must immediately notify the appropriate authorities of an imminent or actual emergency situation.  An LQG must submit a written report of any incident that requires the implementation of the contingency plan within 15 days of its occurrence.  Since generators are not required to submit their contingency plans to EPA, discussion of a collection schedule for these facilities is not applicable.

      Records of tank system assessments, statements on design and installation, and records of annual leak tests and inspections are kept by the LQGs.  Therefore, a discussion of a collection schedule is not applicable.  The time frame for submitting demonstrations provided under this section is dependent upon the desire of LQGs to submit such demonstrations.  However, the regulations do specify time frames for submissions related to certain situations.  LQGs must submit release notification reports within 30 days of detecting a release.  In addition, the certification of major repairs (required under §265.196(f)) must be submitted within seven days of returning the repaired tank system to use.  With regard to drip pads, plans for upgrading drip pads must be prepared 2 years before completion of such repairs, pad assessments must be recertified annually, records of releases must be documented upon detection and notice provided to EPA within 24 hours (written notice in within 10 days), and notice of repairs provided upon completion of such repairs.  As for containment buildings, certification that the building meets design requirements is required within 60 days of initiating operation, records of releases must be filed upon detection and notice to EPA provided within 7 days (written notice within 14 days).  In addition, monitoring data must be placed in the record every 7 days.

      There is no collection schedule for generators requesting extensions from the Regional Administrator of the accumulation period, as these requests presume unforeseen circumstances.

      LARGE QUANTITY GENERATOR AIR EMISSION STANDARDS

      The regulations at 40 CFR part 265, subparts AA and BB for generators do not specify time frames for submittals, and a discussion of a schedule regarding these requirements is not applicable.

      RECORDKEEPING AND REPORTING

      The recordkeeping regulations in section 262.40 and 262.43 do not require the transmittal of any information, a discussion of a schedule regarding this requirement is not applicable.  Additionally, as section 262.43 allows the Administrator to require additional information of generators on an irregular basis, a discussion of a collection schedule is not applicable.

      EXPORT AND IMPORT REQUIREMENTS

      Under export and import requirements, export/import notifications, export exception reports, confirmations of recovery/disposal, and shipment movement documents are generated and sent to EPA on an occurrence-specific basis for which there is no formalized schedule. The submission of information under this collection is initiated by the respondents. U.S. exporters must file with EPA a detailed annual report on hazardous waste exports, including a signed certification, by March 1st of each year. The recordkeeping regulations in sections 262.83(i) and 262.84(h) do not require the transmittal of any information; a discussion of a schedule regarding this requirement is not applicable.

6.	ESTIMATING THE BURDEN AND COST OF THE COLLECTION

      6(a)	ESTIMATING ANNUAL RESPONDENT BURDEN

      This ICR is a comprehensive presentation of all of the information collection activities required for generator standards. To address uncertainties regarding the number of facilities in the potentially affected universe, the amount of hazardous waste that they generate, and several cost-related inputs for this analysis, this ICR estimates costs as a range and presents the upper end of this range based on the high-end estimates for these factors as a means of ensuring that all burden is captured.

      Exhibits 1 through 7 estimate the costs to generators based on the cost of labor, operation and maintenance (OM), and capital.  EPA estimated respondent burden hours and costs associated with all of the requirements covered in this ICR in the following exhibits: Exhibit 1 addresses both LQG and SQG respondent burden for reading the regulations; Exhibit 2 addresses LQG pre-transport requirements; Exhibit 3 addresses LQG air emission standards; Exhibit 4 addresses SQG pre-transport requirements; Exhibit 5 addresses VSQG pre-transport requirements, Exhibit 6 addresses LQG and SQG reporting requirements, Exhibit 7 address specific export and import requirements for all generators; Exhibit 8 summarizes total annual aggregate respondent burden and costs for all activities, and exhibit 9 addresses the total annual estimated agency burden and costs.

      6(b)	ESTIMATING ANNUAL RESPONDENT COSTS

      Labor Costs
The labor wage rates used to estimate costs to respondents were calculated as shown in the following table. The 2022 average wage rates from are the average wage rates are reported in the Bureau of Labor Statistics, 2020 National Occupational Employment and Wage Estimate, released May 2020, and updated to 2022 levels.
                                Labor Category
                                  Non-loaded
                               2022 hourly rate
                      Fringe benefits loading multiplier
                          Overhead loading multiplier
                                    Loaded
                                  Hourly rate
1. Legal
                                    $71.59
                                     1.43
                                     1.336
                                    $136.77
2. Managerial
                                    $60.45
                                     1.43
                                     1.336
                                    $115.49
3. Technical
                                    $46.58
                                     1.43
                                     1.336
                                    $88.99
4. Clerical
                                    $18.16
                                     1.43
                                     1.336
                                    $34.69

      Capital Costs

 	EPA estimates that a standard-size, five-drawer, lateral file cabinet holds approximately 16,000 documents.  Thus, for storing 575,232 pieces of paper, waste handlers would need 36 file cabinets (i.e., 572,232 /16,000) each year.  EPA estimates that the cost of one file cabinet is $1,176, and for all 36 file cabinets is $42,336, or $16,132 annually.

  	6(c)	ESTIMATING ANNUAL AGENCY BURDEN AND COST

	EPA estimates an average hourly labor cost (labor plus overhead) of $86.54 for legal staff, $62.27 for managerial staff, $43.68 for technical staff, and $26.56 for clerical staff.  To derive these estimates, EPA used the General Schedule (GS) Salary Table 2022.  For purposes of this ICR, EPA assigned staff the following government service levels:

       Legal Staff			GS-15, Step 1
       Managerial Staff	GS-13, Step 1
       Technical Staff		GS-11, Step 1
       Clerical Staff		GS-6, Step 1

      To derive hourly estimates, EPA divided annual compensation estimates by 2,080, which is the number of hours in the Federal work-year.  EPA then multiplied hourly rates by the standard government overhead factor of 1.6.

      6(d)	ESTIMATING THE RESPONDENT UNIVERSE

	 The following table shows the number of Generators, based on type, from the RCRAInfo system.

                                GENERATOR TYPE
                                    Number
                           Large Quantity Generators
                                    19,725
                           Small Quantity Generator
                                    124,646
                         Very Small Quantity Generator
                                    248,678
                                     Total
                                    393,049

      LARGE QUANTITY GENERATOR AND SMALL QUANTITY GENERATOR REQUIREMENTS (Exhibit 1)

	            Under 40 CFR 262.11, all generators must determine whether their solid waste qualifies as hazardous under RCRA.

      LARGE QUANTITY GENERATOR PRE-TRANSPORT REQUIREMENTS (Exhibit 2)

       (1)	Labeling

      In section 262.17(a)(4) and (5), EPA requires all LQGs to label tanks, containers, and containment buildings with the words "Hazardous Waste," an indication of the hazard of the contents, and the date accumulation began.  EPA expects that all LQGs will comply with this requirement.  In section 262.15(a)(5), EPA requires LQGs accumulating hazardous waste at satellite accumulation areas to label containers as specified above.  EPA expects that all LQGs will comply with these requirements each year.

      (2)	Personnel Training

      In section 262.17(a)(7), EPA requires all LQGs to comply with the personnel training requirements in a manner that ensures facility personnel are able to respond effectively to emergencies by familiarizing them with emergency procedures, emergency equipment, and emergency systems.  Section 262.17(a)(7) require that LQGs maintain copies of personnel training documents and records at their facilities.

      (3)	Contingency Planning and Emergency Procedures

      This ICR assumes that existing LQGs have already prepared contingency plans.  Therefore, only new LQGs will be required to document whether State or local authorities decline to enter into an agreement to become familiar with the LQG's facility and its wastes, and to prepare and maintain a contingency plan and quick reference guide.  EPA estimates LQGs will need to make copies of and send the plans to three local authorities, on average.  Amendments to contingency plans of LQGs must also be made when appropriate. EPA estimates that about 2 percent of the new LQG entrants will prepare original contingency plans annually, and that 10 percent of the LQG universe will amend their contingency plan annually, during the period covered by this ICR. 	Based on Emergency Response and Notification System (ERNS) data, the Agency estimates that about 1.7 percent of all LQGs will have emergency incidents requiring implementation of the contingency plan.

      (4)	Tank Systems

      In section 262.17(a)(2), EPA requires all LQGs that accumulate hazardous waste in tanks for 90 days or less to comply with subpart J of part 265.  EPA estimates that 75 percent use containers to accumulate hazardous waste, and the remaining 25 percent use tank systems.

      Depending on how the tank owner desires to comply with the regulations, he or she may need to submit one or more of the following:  a no-free-liquids demonstration (§265.190(a)), existing tank system assessments (§265.191), an equivalent containment exemption (§265.193(d)), a variance from secondary containment requirements (§265.193(g)), or annual leak tests and inspections (§265.193(i)).  Most LQGs seeking to operate under these conditions have already made the required demonstrations.  In general, only LQGs recently subjected to hazardous waste regulations will need to perform these demonstrations.    EPA estimates that approximately three percent are subject to the leak tests and that one percent of LQGs are subject to the other demonstration and testing requirements in sections 265.190 through 265.193.

      In addition, in certain circumstances (e.g., a new tank, a hazardous waste release, or a repair to a tank), LQGs must submit one or more of the following:  new tank system assessments and certifications (§265.192); an exemption from the 24-hour leak detection requirement (§265.193(e)(3)(iii)); or release notifications and reports, and major repair certifications (§265.196(d) and (f)).

       (5)	Drip Pads

      Under section 262.17(a)(3), EPA authorizes LQGs to store hazardous waste on drip pads for 90 days or less pursuant to part 265, subpart W.  Part 265, subpart W is primarily applicable to those facilities conducting wood preserving operations.  EPA expects that most existing wood preserving sites have already conducted the one-time activities (e.g., contingency planning, integrity assessments) required in part 265.

       (6) 	Containment Buildings

      Under section 262.17(a)(4), EPA authorizes LQGs to store hazardous waste in containment buildings for 90 days or less pursuant to part 265, subpart DD.  Part 265, subpart DD is potentially applicable to all large quantity hazardous waste generators.  EPA estimates that approximately 0.1 percent of the LQGs use containment buildings.  EPA estimates that 29 percent of these affected facilities will be subject to the recordkeeping and notice requirements associated with hazardous waste releases, and that all of these facilities will require documentation to support compliance with subpart DD requirements.

      (7)	Requests for Extensions of the Accumulation Period

      EPA promulgated regulations in section 262.17(b) allowing LQGs to request extensions (up to 30 days) of the accumulation period limit from the Regional Administrator. EPA estimates that only one percent of all LQGs will request this extension each year.

      (8)	Intra-Organizational Transfers

      LARGE QUANTITY GENERATOR AIR EMISSION STANDARDS (Exhibit 3)

      (1)	Air Emissions from Process Vents

      EPA estimates that 1.5 percent of all LQGs generators will be subject to 40 CFR part 265, subpart AA, in light of the applicability requirements of section 265.1030(b)(1-3). Of this estimate, approximately 50 percent of LQGs will be subject to reassessing their implementation schedule, documentation with compliance, and performance plan, among other operating record requirements.

      (2)	Air Emissions from Equipment Leaks

      EPA estimates that up to 28 percent LQGs are subject to 40 CFR part 265, subpart BB requirements  -  depending on the specific paperwork burden category. All generators subject to subpart BB are required to maintain a unit operating record.  The contents of the operating record will vary according to site-specific circumstances.

      SMALL QUANTITY GENERATOR PRE-TRANSPORT REQUIREMENTS (Exhibit 4)

      (1)	Labeling

      This ICR assumes that all SQGs will need to label their containers and tanks in compliance with the section 262.15(a)(5) and 262.16(b)(6).  SQGs will likely use a manual process to label containers with the additional information.

      (2)	Emergency Procedures

      EPA promulgated regulations in section 262.16(b)(9) requiring SQGs to immediately notify the local fire department and/or National Response Center, as specified, for emergencies.  Based on recent ERNS data, EPA estimates that 1.7 percent of all SQGs will report such an event each year.

      (3)	Drip Pads

      Under section 262.16(b)(4), EPA authorizes SQGs to store hazardous waste on drip pads for 90 days or less pursuant to part 265, subpart W.  Part 265, subpart W is primarily applicable to those facilities conducting wood preserving operations.  EPA determined the ratio of LQG drip pad operators who will be subject to part 265 subpart W regulations to the total number of LQGs, and applied that ratio to the total number of SQGs to determine the number of SQG drip pad operators that will be subject to the requirements of part 265 subpart W.  EPA further expects that one percent of SQGs will prepare a contingency plan for incidental drippage and will have a condition contributing to an actual release of hazardous waste and be subject to the recordkeeping, notification, repair and certification requirements.

       (4) 	Containment Buildings

      Under section 262.16(b)(5), EPA authorizes SQGs to store hazardous waste in containment buildings for 90 days or less pursuant to part 265, subpart DD.  Part 265, subpart DD is potentially applicable to all large quantity hazardous waste generators.  EPA applied the same methodology described in item three above to determine the number of SQGs that accumulate hazardous waste in containment buildings. EPA estimates that approximately 0.1 percent of the SQGs use containment buildings.  EPA estimates that 29 percent of these affected facilities will be subject to the recordkeeping and notice requirements associated with hazardous waste releases, and that all of these facilities will require documentation to support compliance with subpart DD requirements.

       (5)	Requests for Extensions of the Accumulation Period

      EPA promulgated regulations in section 262.16(d) allowing SQGs to request from the Regional Administrator extensions (up to 30 days) of the accumulation period limit.  EPA estimates that one tenth of one percent of all respondents will request an extension each year.

      (6)	Intra-organizational Transfers

      For VSQGs, the annual burden for labeling containers is 0.5 hours. For LQGs, the one-time burden to notify EPA is 9.0. The annual recordkeeping burden is 0.9 hours. The BR expected annual reporting burden is 10.2 hours.

      (7)	Episodic Generation

      The estimated burden for SQGs is 8.9 hours per facility.

      VERY SMALL QUANTITY GENERATOR PRE-TRANSPORT REQUIREMENTS (Exhibit 5)

      The estimated burden for VSQGs is 9.2 hours per facility.

      RECORDKEEPING AND REPORTING REQUIREMENTS (Exhibit 6)

      LQGs must comply with the recordkeeping and reporting requirements detailed in sections 262.40 through 262.43, and SQGs must comply with the independent requirements in section 262.44.  This ICR does not burden generators for their hazardous waste determinations, since they are already burdened for recordkeeping of test results in the LDR ICR, OMB Control No. 2050-0085.  (Refer to the "Hazardous Waste Determination Requirements" in this section for further discussion on EPA's assumptions.)  EPA estimates that one tenth of one percent of all generators will also be required to submit certain additional information (§262.43).

      EXPORT AND IMPORT REQUIREMENTS (Exhibit 7)

      Based on export notifications tracked by EPA's Office of Enforcement and Compliance Assurance (OECA), EPA estimates that approximately 702 generators will export hazardous waste each year under 40 CFR 262.53, and .55 - .57, and will be required to notify EPA of their intention to export hazardous waste, file an Annual Report with the Administrator summarizing the types, quantities, frequencies, and ultimate destination of all hazardous wastes exported during the previous years, and keep copies of relevant documents for a period of three years. Data were not available for generators re-notifying under 40 CFR 262.54(g).  Exhibit 7 provides estimates on the number of LQGs and SQGs who intend to trade with OECD countries, as well as facilities who imported materials from OECD countries. These data were collected and provided by OECA

      SUMMARY OF BURDEN HOURS and COSTS

      6(e) Bottom Line Burden Hours and Costs

      Based on the above assumptions, affected universes and associated labor and operating costs, EPA estimates that 526,035 burden hours and $42,607,731 ($42,535,337 in labor and $72,394 in capital and O&M) will be required annually to support recordkeeping and reporting requirements for large and small quantity generators.

	6(f) Reasons for Change in Burden

	The current hourly burden for this ICR is 526,989, which means there is a decrease of 954 hours. This decrease is due to changes in the respondent universe.

      6(g) Burden Statement

      The average public reporting under this collection of information is estimated to be .75 hours per respondent.  The average public recordkeeping burden under this collection of information is estimated to be .06 hours per respondent.  The annual public reporting and recordkeeping burden for this collection of information is estimated to average 3 hours per response.

      Burden means the total time, effort, and financial resources expended by persons to generate, maintain, retain, 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.

 To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID No. EPA-HQ-OLEM-2018-0390, which is available for online viewing at www.regulations.gov, or in person viewing at the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW, Washington, DC.  The EPA/DC Public Reading Room is open from 8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is<PHONE_NUMBER>.  An electronic version of the public docket is available at www.regulations.gov.  This site can be used to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically.  When in the system, select "search," then key in the Docket ID Number identified above.  Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, D.C. 20503, Attention: Desk Officer for EPA.  Please include the EPA Docket ID Number EPA-HQ-OLEM-2018-0390 and OMB Control Number 2050-0035 in any correspondence.


[Federal Register: September 21, 2010 (Volume 75, Number 182)]
[Notices]
[Page 57463-57465]
[DOCID:fr21se10-54]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2007-1145; FRL-9204-1]

Review of the Secondary National Ambient Air Quality Standards
for Oxides of Nitrogen and Oxides of Sulfur

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability of draft report.

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

SUMMARY: On or about September 13, 2010, the Office of Air Quality
Planning and Standards (OAQPS) of EPA is making available a draft
report, Policy Assessment for the Review of the Secondary National
Ambient Air Quality Standards for Oxides of Nitrogen and Oxides of
Sulfur: Second External Review Draft. The EPA is releasing this
preliminary draft document to seek early consultation with the Clean
Air Scientific Advisory Committee (CASAC) and to solicit public comment
on the overall structure, framing of key issues and conclusions
regarding options for key elements of the standards.

DATES: Comments should be submitted on or before November 12, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2007-1145, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail: Comments may be sent by electronic mail (e-mail)
to a-and-r-

<EMAIL_ADDRESS>Attention Docket ID No. EPA-HQ-OAR-2007-1145.
     Fax: Fax your comments to<PHONE_NUMBER>, Attention Docket
ID. No. EPA-HQ-OAR-2007-1145.
     Mail: Send your comments to: Air and Radiation Docket and
Information Center, Environmental Protection Agency, Mailcode: 2822T,
1200 Pennsylvania Ave., NW., Washington, DC 20460, Attention Docket ID
No. EPA-HQ-OAR-2007-1145.
     Hand Delivery or Courier: Deliver your comments to: EPA
Docket Center, 1301 Constitution Ave., NW., Room 3334, Washington, DC.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2007-1145. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at http://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., 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 either electronically
in http://www.regulations.gov or in hard copy at the Air Docket in the
EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC. This Docket Facility is open from 8:30 a.m. to 4:30
p.m. Monday through Friday, excluding legal holidays. The Docket
telephone number is<PHONE_NUMBER>; fax<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Dr. Bryan Hubbell, Office of Air
Quality Planning and Standards (Mail code C504-02), U.S. Environmental
Protection Agency, Research Triangle Park, NC 27711; e-mail:
<EMAIL_ADDRESS>telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

General Information

    A. What should I consider as I prepare my comments for EPA?
    1. Submitting CBI. Do not submit this information to EPA through
http://www.regulations.gov or e-mail. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information in a disk
or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM
as CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments,
remember to:
     Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
     Follow directions--The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
     Describe any assumptions and provide any technical
information and/or data that you used.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns, and
suggest alternatives.
     Make sure to submit your comments by the comment period
deadline identified.
    Under section 108(a) of the Clean Air Act (CAA), the Administrator
identifies and lists certain pollutants which ``cause or contribute to
air pollution which may reasonably be anticipated to endanger public
health or welfare.'' The EPA then issues air quality criteria for
listed pollutants, which are commonly referred to as ``criteria
pollutants.'' The air quality criteria are to ``accurately reflect the
latest scientific knowledge useful in indicating the kind and extent of
all identifiable effects on public health or welfare which may be
expected from the presence of [a] pollutant in the ambient air, in
varying quantities.'' Under section 109 of the CAA, EPA establishes
national ambient air quality standards (NAAQS) for each listed
pollutant, with the NAAQS based on the air quality criteria. Section
109(d) of the CAA requires periodic review and, if appropriate,
revision of existing air quality criteria. The revised air quality
criteria reflect advances in scientific knowledge on the effects of the
pollutant on public health or welfare. The EPA is also required to
periodically review and revise the NAAQS, if appropriate, based on the
revised criteria.
    The EPA is currently conducting a joint review of the existing
secondary (welfare-based) NAAQS for oxides of nitrogen (NOX)
and oxides of sulfur (SOX). Because NOX,
SOX, and their associated transformation products are linked
from an atmospheric chemistry perspective as well as from an
environmental effects perspective, and because of the National Research
Council's 2004 recommendations to consider multiple pollutants in
forming the scientific basis for the NAAQS, EPA has decided to jointly
assess the science, risks, and policies relevant to protecting the
public welfare associated with NOX and SOX. This
is the first time since NAAQS were established in 1971 that a joint
review of these two pollutants has been conducted. Since both the CASAC
and EPA have recognized these interactions historically, and the
science related to these interactions has continued to evolve and grow
to the present day, there is a strong basis for considering them
together.
    As part of this review of the current secondary (welfare-based)
NAAQS for NOX and SOX, EPA's OAQPS staff are
preparing a second draft Policy Assessment. The objective of this
assessment is to evaluate the policy

implications of the key scientific information contained in the
document Integrated Science Assessment for Oxides of Nitrogen and
Sulfur-Ecological Criteria (http://cfpub.epa.gov/ncea/cfm/
recordisplay.cfm?deid=201485), prepared by EPA's National Center for
Environmental Assessment (NCEA) and the results from the analyses
contained in the Risk and Exposure Assessment for Review of the
Secondary National Ambient Air Quality Standards for Oxides of Nitrogen
and Oxides of Sulfur(http://www.epa.gov/ttn/naaqs/standards/no2so2sec/
cr_rea.html). The second draft Policy Assessment will be available
online at: http://www.epa.gov/ttn/naaqs/standards/no2so2sec/index.html.
This second draft Policy Assessment will be reviewed by the CASAC
during a public meeting to be held October 6 and 7, 2010. Information
about this public meeting will be available at http://yosemite.epa.gov/
sab/sabpeople.nsf/WebCommittees/CASAC.

    Dated: September 13, 2010.
Alison Davis,
Acting Director, Office of Air Quality Planning and Standards.
[FR Doc. 2010-23540 Filed 9-20-10; 8:45 am]
BILLING CODE 6560-50-P