[Federal Register Volume 87, Number 144 (Thursday, July 28, 2022)]
[Rules and Regulations]
[Pages 45257-45267]
[FR Doc No: 2022-16031]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 1036 and 1037

[EPA-HQ-OAR-2019-0307; FRL-7423.1-01-OAR]
RIN 2060-AV21

Improvements for Heavy-Duty Engine and Vehicle Test Procedures

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This final rule includes corrections, clarifications,
additional flexibilities, and adjustment factors to improve the
Greenhouse gas Emissions Model (GEM) compliance tool for heavy-duty
vehicles while more closely matching the outputs produced by the
original GEM version 3.0 that was used to establish the CO2
standards for Model Years 2021 and later in the 2016 Heavy-duty Phase 2
final rule. Given the nature of this rule, there will be neither
significant environmental impacts nor significant economic impacts.

DATES: This final rule is effective on August 29, 2022. The
incorporation by reference of certain publications listed in this
regulation is approved by the Director of the Federal Register as of
August 29, 2022.

ADDRESSES:
    Docket: EPA has established a docket for this action under Docket
ID No. EPA-HQ-OAR-2019-0307. Publicly available docket materials are
available either electronically at www.regulations.gov or in hard copy
at Air and Radiation Docket and Information Center, EPA Docket Center,
EPA/DC, EPA WJC West Building, 1301 Constitution Ave. NW, Room 3334,
Washington, DC. Certain material, such as copyrighted material, is not
placed on the internet and will be publicly available only at the EPA
Docket Center. For further information on EPA Docket Center services
and the current status, please visit us online at www.epa.gov/dockets.
    Public participation: Docket: All documents in the docket are
listed on the www.regulations.gov website. 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, is not placed on the internet
and will be publicly available only in hard copy form through the EPA
Docket Center at the location listed in the ADDRESSES section of this
document.

FOR FURTHER INFORMATION CONTACT: Amy Kopin, Office of Transportation
and Air Quality, Assessment and Standards Division, Environmental
Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105;
telephone number:<PHONE_NUMBER>; email address: [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Information
II. Greenhouse Gas Emissions Model (GEM) Background
III. GEM 4.0
IV. Updates to Test Procedures
V. Statutory Authority and Executive Order Reviews

I. General Information

Does this action apply to me?

    This action relates to companies that manufacture or sell new
heavy-duty engines and vehicles as defined under EPA's CAA
regulations.\1\ Regulated categories and entities include the
following:
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    \1\ ``Heavy-duty engine'' and ``heavy-duty vehicle'' are defined
in 40 CFR 1037.801.

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       NAICS codes \a\                        NAICS titles
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333618, 336111, 336112,        Other Engine Equipment Manufacturing,
 336120, 336211, 336999.        Automobile Manufacturing, Light Truck
                                and Utility Vehicle Manufacturing, Heavy
                                Duty Truck Manufacturing, Motor Vehicle
                                Body Manufacturing, All Other
                                Transportation Equipment Manufacturing.
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\a\ North American Industry Classification System (NAICS).

    This list is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. If you have questions regarding the applicability of this
action to a particular entity, consult the person listed in the FOR
FURTHER INFORMATION CONTACT section.

What action is the Agency taking?

    This action amends the procedures for demonstrating compliance with
the CO2 emission standards for heavy-duty highway engines
and vehicles with several corrections, clarifications, and additional
flexibilities.
    EPA published a proposed rule on May 12, 2020 (85 FR 28153)
(``Technical Amendments proposed rule''). EPA issued a corresponding
final rulemaking (``Technical Amendments final rule'') relating to most
revisions in the Technical Amendments proposed rule (86 FR 34308, June
29, 2021). Additionally, for the amendments in this final action, EPA
published a supplemental notice of proposed rulemaking (``Technical
Amendments supplemental proposed rule'') with additional amendments for
certain aspects of the modeling parameters used for certifying vehicles
(86 FR 34189, June 29, 2021).

What are the incremental costs and benefits of this action?

    This action is limited in scope and does not have significant
economic or environmental impacts. EPA has therefore not estimated the
potential costs or benefits of this final rule.

II. Greenhouse Gas Emissions Model (GEM) Background

    The Greenhouse gas Emissions Model (GEM) is a computer application
that estimates the greenhouse gas (GHG) emissions and fuel efficiency
performance of specific aspects of heavy-duty vehicles. GEM uses
several vehicle-specific inputs, such as engine fuel maps, aerodynamic
drag coefficients, and vehicle weight ratings, to simulate vehicle and
engine operation and model the amount of CO2 emitted over
multiple duty cycles for tractors and vocational vehicles. The
resulting CO2 values over these cycles are weighted by GEM
to provide a Default FEL CO2 Emissions value. GEM version
3.0 was used to set standards in the Greenhouse Gas Emissions and Fuel
Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles
Phase 2 (``Phase 2'') rulemaking (81 FR 73478). For purposes of
determining compliance, Default FEL CO2 Emissions

from GEM are compared to the applicable Phase 2 vehicle standard.
    In the Technical Amendments proposed rule, we proposed several
amendments to GEM 3.0, including corrections, clarifications, and
additional flexibilities in a revised version of the model, GEM 3.5 (85
FR 28145). EPA also requested comment on whether any differences in GEM
output values resulting from changes to the model would impact the
effective stringency of the program and, if so, whether EPA should
revise the GEM model itself or address such impacts via regulations
(see 85 FR 28145). Comments received in response to the Technical
Amendments proposed rule supported most of the proposed updates to GEM
and requested additional revisions to further improve the model.\2\ The
California Air Resources Board (CARB) provided comment stating the
importance of GEM results being consistent with the 2016 Phase 2 final
rule program standards to avoid affecting program stringency. CARB
recommended that EPA revise GEM in order to ensure stringency is
maintained.\3\
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    \2\ See ``Improvements for Heavy-Duty Engine and Vehicle Test
Procedures, and other Technical Amendments Response to Comments'',
Publication Number: EPA-420-R-20-026, December 2020. Chapter 2 of
the Response to Comments provides additional details on the
amendments, clarifications requested by commenters, and our
responses to most of the comments to the NPRM.
    \3\ California Air Resources Board, Docket number EPA-HQ-OAR-
2019-0207-0030.
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    After considering the comments received, EPA applied further
changes to GEM 3.5 and released in October of 2020 a new development
version of GEM, GEM 3.7, to the public for download and review by
stakeholders to evaluate and assess the performance of this revised
model. GEM 3.7 incorporated some corrections and improvements relative
to the proposed version GEM 3.5, as noted in the corresponding
memorandum in the rulemaking docket (October 23, 2020 memorandum).\4\
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    \4\ Nelson, Brian. Memorandum to Docket EPA-HQ-OAR-2019-0307.
``Development version of GEM and adjustment factors''. October 23,
2020. Docket number EPA-HQ-OAR-2019-0307-0083. Also available
online: https://www3.epa.gov/otaq/gem-p2v3.7-release-memo-2020-10-23.pdf.
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    While evaluating GEM 3.7, we found differences in the output values
for some tractor and vocational vehicles compared to the output values
from GEM 3.0 (the version used to set the Phase 2 CO2
standards). To understand the differences between GEM 3.0 and GEM 3.7,
we replicated the process used in 2016 to determine the numerical level
of the Phase 2 standards. Without an adjustment to the resulting GEM
output value, these differences in GEM output values when compared to
the Phase 2 final rule could be considered an effective change in
stringency. In light of GEM 3.7 output differences and considering
CARB's comment, we identified adjustment factors in the October 23,
2020 docket memorandum that could be applied to the unrounded GEM 3.7
output values to better ensure effective stringency of the standards is
maintained.\5\ The Truck and Engine Manufacturers Association (EMA)
requested additional time for its members to review the potential
updates to the model in GEM 3.7 and evaluate the impact of the
adjustment factors made available.\6\
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    \5\ Id.
    \6\ Charmley, Bill. Memorandum to Docket EPA-HQ-OAR-2019-0307.
``EPA discussions with the Truck and Engine Manufacturers
Association, and with the California Air Resources Board, regarding
Highway Heavy-Duty Technical Amendments.'' December 14, 2020. Docket
Number EPA-HQ-OAR-2019-0307-0092.
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    In the Technical Amendments final rule, EPA finalized a revised
version of GEM (GEM 3.5.1) that included the changes proposed in GEM
version 3.5 as well as changes that corrected three errors in the GEM
3.5 code and did not include any adjustment factors. GEM 3.5.1 included
the following updates to GEM 3.5:
     Corrected duty cycle weighting factors for vocational
vehicles in the Heavy Heavy-Duty Multipurpose subcategory.
     Corrected an idle map error when the cycle average engine
fuel mapping procedure is used for all three drive cycles.
     Corrected a functional error that unnecessarily required
manufacturers to include transmission power loss data when using the
option to enter a unique (instead of default) k-factor for the torque
converter.
    In the Technical Amendments supplemental proposed rule, EPA
proposed to revise GEM through additional changes in an updated version
of GEM (GEM 3.8 which was identical to GEM 3.7, except that GEM 3.8
included changes to the GEM HIL model). This rule also proposed to
revise GEM's test procedures to include adjustment factors and to
improve the GEM compliance tool for heavy-duty vehicles while more
closely matching the outputs produced by the original GEM version 3.0
that was used to establish the CO2 standards for Model Years
2021 and later in the 2016 Heavy-duty Phase 2 final rule. The Technical
Amendments supplemental proposed rule also proposed that GEM 3.5.1
would be limited to use for model year (``MY'') 2021 only, except where
MY 2021 data could be used for carryover requests for certificates of
conformity for MY 2022 and future years for qualifying vehicles under
Sec.  1036.235(d) (but in such circumstances EPA proposed that
manufacturers would still be required to use GEM 3.8 for end-of-year
reporting for MY 2022 and future years).\7\
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    \7\ See 86 FR 34192.
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    After considering the comments received in response to our
Technical Amendments supplemental proposed rule, EPA applied further
potential changes to GEM 3.8 and released a new development version of
GEM, GEM 3.9, in December 2021. EPA also updated the adjustment factors
released with the GEM 3.8 version to accommodate the changes made in
the development of GEM 3.9. GEM 3.9 also included an updated method of
creating these adjustment factors using unrounded GEM results instead
of using the rounded GEM results as was done with GEM 3.8. GEM 3.9 was
released to the public for download and review by stakeholders to
evaluate and assess the performance of this revised model. GEM 3.9
incorporated corrections and improvements relative to GEM 3.8, as noted
in the corresponding memorandum in the rulemaking docket.\8\ Table 1
summarizes the history of the different versions of GEM.
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    \8\ Nelson, Brian. Memorandum to Docket EPA-HQ-OAR-2019-0307.
``Development version of GEM3.9 and adjustment factors''. December
20, 2021. Docket Number EPA-HQ-OAR-2019-0307-0092. Available online:
https://www.epa.gov/system/files/documents/2021-12/gem-v3.9-adjust-factors-memo-2021-12-20-.pdf.

                    Table 1--History of GEM Releases
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               Version                              History
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GEM 3.0..............................  Original official version
                                        finalized in the 2016 Phase 2
                                        final rule.
GEM 3.5..............................  Unofficial version proposed in
                                        the Technical Amendments
                                        proposed rule.
GEM 3.5.1............................  Version finalized in the
                                        Technical Amendments final rule.

GEM 3.7..............................  Unofficial version released
                                        between the Technical Amendments
                                        proposed and final rules.
GEM 3.8..............................  Unofficial version proposed in
                                        the Technical Amendments
                                        supplemental proposed rule.
GEM 3.8 HIL..........................  Version finalized in the
                                        Technical Amendments final rule
                                        for powertrain testing defined
                                        in 40 CFR 1037.550.
GEM 3.9..............................  Unofficial version released after
                                        the Technical Amendments
                                        supplemental proposed rule.
------------------------------------------------------------------------

III. GEM 4.0

A. Updates to GEM

    This final rule further revises GEM and includes GEM adjustment
factors within the model. Applying the adjustment factors within GEM
will help reduce potential process errors.
    We are adopting GEM version 4.0.9 10 This updated
version of the model allows additional compliance flexibilities and
improves the vehicle simulation by incorporating the following
improvements relative to GEM 3.5.1:
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    \9\ Greenhouse gas Emissions Model (GEM) Phase 2, Version 4.0,
January 2022. A working version of this software is also available
for download at https://www.epa.gov/regulations-emissions-vehicles-and-engines/greenhouse-gas-emissions-model-gem-medium-and-heavy-duty.
    \10\ The changes summarized in the following listed items 13,14,
15, and 16 are changes that were made to GEM version 4.0 relative to
GEM version 3.9.
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    1. Changed limits on engine input to allow small negative torque
inputs.
    2. Corrected how GEM adjusts the idle fueling of the transient
cycle by using the same idle duration time both for subtracting the
idle fuel rate from the transient cycle average engine fuel map and for
adding back in the simulated idle fuel rate.
    3. Added an option for vocational vehicles to input a value for
neutral coasting in GEM and amend the related test procedure in 40 CFR
1037.520(j)(1).
    4. Corrected manual and automated manual transmissions to perform
clutched upshifts for Heavy Heavy-Duty Vehicles (HDV).
    5. Allow input files from previous versions of GEM.
    6. Changed GEM to not merge drive idle fuel map with default
steady-state fuel map.
    7. Corrected errors with the default fuel maps that are used for
Custom Chassis vehicles.
    8. Changed the regression model that is used for interpolating the
cycle average fuel maps for the cruise cycles to improve the accuracy
and representativeness of the regression model.\11\
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    \11\ Sanchez, James. Memorandum to Docket: EPA-HQ-OAR-2019-0307.
GEM Regression Model for Cycle-Average Cruise Cycles. March 11,
2022.
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    9. Changed GEM to account for the emissions performance of stop-
start automatic and engine shutdown systems (AESS) technologies when
the powertrain test procedure is used to create the fuel map input
file.
    10. Applies mass of CO2 to gallons of fuel conversion
factor by combustion type instead of fuel type.
    11. Includes a change to the carbon mass fraction for E85 to the
value in Table 1 of 40 CFR 1036.530.
    12. Includes a 5% tolerance for declared idle target speed vs idle
fuel map test points.
    13. Changed how GEM models powertrain accessory work for 55/65 mph
cruise cycles and idle cycles.\12\
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    \12\ Sanchez, James. Memorandum to Docket: EPA-HQ-OAR-2019-0307.
Modeling of Powertrain Accessory Work in GEM. March 11, 2022.
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    a. 55/65 mph cruise cycles: GEM uses the slope from the fuel-
versus-work regression of the cruise cycle average fuel map to account
for emissions from accessory work
    b. Idle cycles: GEM uses the slope from the fuel-versus-work
regression of the transient cycle average fuel map to account for
emissions from accessory work
    14. Changed GEM output label ``FEL CO2 Emissions'' to
``Default FEL CO2 Emissions'' and ``FEL Consumption'' to
``Default FEL Consumption''.
    15. Changed units of GEM tire rolling resistance input from ``kg/
t'' to ``N/kN''.
    16. Updated GEM hardware in the loop (HIL) to better reflect
operation during transmission shifting.
    To ensure that these changes we are finalizing into GEM 4.0 do not
change the effective stringency of the Phase 2 CO2
standards, we are adopting adjustment factors in GEM 4.0. In GEM 4.0,
EPA has updated the adjustment factors released with the GEM 3.8
version to accommodate the changes made in the development of GEM 4.0
and the updated method of creating these factors using unrounded GEM
results (versus using the rounded GEM results as was done with GEM
3.8). The revised adjustment factors are included below and are a
function of regulatory subcategory and the vehicle model year (i.e., MY
2021-2023; MY 2024-2026; and MY 2027 and later).\13\ One exception is
tractors with automatic transmission. For tractors with automatic
transmissions, GEM 4.0 includes an adjustment factor of zero.\14\ In
GEM 4.0, the adjustment factors in Table 2 are applied to the composite
GEM result within the program itself using the following equation.
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    \13\ Table 2 summarizes the adjustment factors included in GEM
4.0. Section III of the preamble discusses for which model years GEM
4.0 applies.
    \14\ Chapter 1.6 of the Response to Comments provides additional
details on why GEM 4.0 includes an adjustment factor of zero for
tractors with automatic transmissions.
[GRAPHIC] [TIFF OMITTED] TR28JY22.014

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Where:

eCO2 = unrounded composite CO2 emissions from GEM.
    AF = the applicable adjustment factor from Table 1.

                                       Table 2--GEM 4.0 Adjustment Factors
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                                                                            Adjustment factor
                                                        --------------------------------------------------------
                 Regulatory subcategory                    MY 2021-2023      MY 2024-2026     MY 2027-and-later
                                                              vehicle           vehicle            vehicle
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Class 7 Day Cab Low Roof...............................           -0.0107           -0.0094              -0.0097
Class 7 Day Cab Mid Roof...............................           -0.0105           -0.0091              -0.0091
Class 7 Day Cab High Roof..............................           -0.0090           -0.0094              -0.0093
Class 8 Day Cab Low Roof...............................           -0.0062           -0.0074              -0.0069
Class 8 Sleeper Cab Low Roof...........................           -0.0010           -0.0013              -0.0010

Class 8 Day Cab Mid Roof...............................           -0.0064           -0.0070              -0.0065
Class 8 Sleeper Cab Mid Roof...........................           -0.0010           -0.0011              -0.0010
Class 8 Day Cab High Roof..............................           -0.0061           -0.0071              -0.0067
Class 8 Sleeper Cab High Roof..........................           -0.0011           -0.0010              -0.0009
Class 8 Heavy Haul.....................................           -0.0068           -0.0067              -0.0070
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Multi-Purpose Light HDV Compression-ignition...........                          -0.0006
Regional Light HDV Compression-ignition................                           0.0005
Urban Light HDV Compression-ignition...................                           0.0000
Multi-Purpose Medium HDV Compression-ignition..........                          -0.0030
Regional Medium HDV Compression-ignition...............                           0.0008
Urban Medium HDV Compression-ignition..................                          -0.0036
Multi-Purpose Heavy HDV Compression-ignition...........                           0.0097
Regional Heavy HDV Compression-ignition................                           0.0006
Urban Heavy HDV Compression-ignition...................                           0.0132
Multi-Purpose Light HDV Spark-ignition.................                           0.0001
Regional Light HDV Spark-ignition......................                           0.0008
Urban Light HDV Spark-ignition.........................                           0.0011
Multi-Purpose Medium HDV Spark-ignition................                           0.0015
Regional Medium HDV Spark-ignition.....................                           0.0005
Urban Medium HDV Spark-ignition........................                           0.0028
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School bus.............................................                -0.0031                           -0.0030
Motor home.............................................                0.0001                             0.0001
Coach bus..............................................                0.0018                             0.0019
Other bus..............................................                0.0132                             0.0135
Refuse hauler..........................................                0.0124                             0.0126
Concrete mixer.........................................                0.0124                             0.0125
Mixed-use vehicle......................................                0.0124                             0.0125
Emergency vehicle......................................                0.0122                             0.0124
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B. Allowable Versions of GEM for Certification and Compliance

    We are incorporating by reference into the regulations the revised
version of the model, GEM 4.0. GEM 4.0 is adopted upon the effective
date of this final rule to demonstrate compliance with the Phase 2
standards under 40 CFR 1037.520, including end-of-year reporting. Due
to the timing of this final rule, we are applying the requirement to
use GEM version 4.0 starting with MY 2024. EPA is also finalizing
provisions to allow for an orderly transition to the updated GEM
version. For MY 2022 through 2023, manufacturers may also use GEM 3.0
or GEM 3.5.1 under interim provision Sec.  1037.150(bb) to demonstrate
compliance with the Phase 2 standards. Manufacturers may use different
versions of GEM for different families within each model year before MY
2024. Manufacturers may also change versions of GEM for MY 2022 and
2023 vehicle families between the initial application for certification
and submission of the final report after the end of the model year;
however, manufacturers would need to document any changes in the GEM
version for MY 2022 and 2023 vehicle families by submitting a running
change as an amendment to the application for certification under Sec.
1036.225. We also note that, once a manufacturer amends an application
for certification to rely on GEM 4.0 or submits a new application that
relies on GEM 4.0 under interim provision Sec.  1037.150(bb), the
manufacturer may not revert back to an earlier version of GEM for that
vehicle family.
    Changing to a different version of GEM for MY 2021 is a special
case. Manufacturers have certified all their MY 2021 families using
either GEM 3.0 or GEM 3.5.1. However, the model year has already ended.
The flexibility to use a different official version of GEM, including
GEM 4.0, therefore applies only for the end-of-year report that is due
in September 2022. We are also adopting this flexibility only for
vehicle families certified to the standards for custom chassis in Sec.
1037.105(h). We are providing this flexibility for vehicle families
meeting standards for custom chassis because we determined that there
was an unintended increase in effective stringency for those vehicles
in GEM 3.5.1. Manufacturers don't need the flexibility to change GEM
versions for other families because they did not have this unexpected
impact in GEM 3.5.1 and they have already closed out their model year.
Finally, manufacturers must document any change in the version of GEM
for end-of-year reporting in the submission of those end-of-year
reports.
    The requirement to start using GEM 4.0 also applies starting with
MY 2024 for manufacturers generating fuel maps using either engine
testing or powertrain testing. Powertrain fuel mapping procedures are
including in the Hardware-in-Loop (HIL) model that is part of GEM.
Under interim provision 40 CFR 1036.150(r), manufacturers may certify
in MY 2021 through 2023 with fuel maps generated using GEM 3.0, GEM
3.5.1, GEM HIL 3.8, or GEM 4.0. Manufacturers may continue to certify
in MY 2024 and later using fuel maps generated using earlier GEM
versions in cases where the manufacturer qualifies for carryover
certification. If we conduct or direct the manufacturer to do
confirmatory testing, selective enforcement audits, or in-use testing
of a set of engine or powertrain fuel maps, we will use or direct the
manufacturer to use the same version of GEM that the manufacturer used
to create those fuel maps. We intend to review the manufacturer's use
of this carryover allowance going forward; we may consider in a future
rulemaking whether

there is a continued need for manufacturers to use fuel maps generated
using these transitional versions of GEM.

IV. Updates to Test Procedures

    We are finalizing revisions to the regulatory text in 40 CFR parts
1036 and 1037 to clarify or make changes to the test procedures used to
create inputs for GEM.
    We are finalizing changes to 40 CFR 1036.503(b)(4) to address the
handling and use of automatic stop-start systems and automatic engine
shutdown systems when performing powertrain fuel map testing under 40
CFR 1037.550. Finalization of the Phase 2 technical amendments left it
unclear with respect to how these systems and accessory loads were
handled by GEM for powertrain testing. The revisions require that any
engine stop-start and automatic shutdown systems be disabled prior to
performing powertrain testing, as the effects of these systems will be
handled by GEM, when GEM is used to determine the emissions of the
vehicle. We are also clarifying the accessory load that should be used
by primary intended service class during the powertrain test for hybrid
engines so that hybrid engines are tested with the same accessory loads
that are used for conventional engines. The power representing the
accessory load added for Light HDV, Medium HDV, and Heavy HDV is 1.5,
2.5, and 3.5 kW, respectively.
    In GEM 3.5.1, finalized in the Technical Amendments final rule, we
included updates to handle point deletion in GEM but did not update our
regulation, which required the prior approach of manual removal of such
points. Consistent with this prior change to having GEM handle point
deletion (now in GEM 4.0), we are now removing that requirement in 40
CFR 1036.535(d)(3), for steady-state fuel maps used for cycle-average
fuel mapping of the highway cruise cycles, that requires manual removal
of the points from the default map that are below 115% of the maximum
speed and 115% of the maximum torque of the boundaries of the points
measured in 40 CFR 1036.535(d)(1). See Section 1.7 of the Response to
Comments document for further discussion.
    We are finalizing changes to GEM inputs determined in 40 CFR
1036.540(e) for cycle-average fuel maps for the cruise cycles. This
revision changes the cruise cycle fuel map outputs from N/V (powertrain
rotational speed divided by vehicle speed in revolutions per meter as
defined specifically in 40 CFR part 1036), fuel mass consumption, and
work to average engine speed, average engine torque, fuel mass
consumption, and work. We are also adding a new vehicle configuration
output matrix for cruise cycles to denote the differences that now
exist for the testing outputs needed for GEM for transient and cruise
cycles. These changes align the test procedure with changes to the
regression model in GEM that is used for interpolating the cycle
average fuel maps for the cruise cycles. The change in the regression
model aligns the GEM results when the cycle-average method is used for
the cruise cycles with the GEM results when the standard engine fuel
mapping procedure is used (40 CFR 1036.503(b)(1)).
    We are finalizing changes in 40 CFR 1037.510 to correct the example
problem that solves for eCO2comp. The value for
vmoving was correctly listed as 38.41 mi/hr in the example;
however, the value entered into the example problem of 41.93 mi/hr was
in error. The change updates the example problem to the correct value.
    We are finalizing changes in 40 CFR 1037.520(j)(1) to allow the
input value of 1.5 in GEM o vocational vehicles that include
intelligent controls (predictive cruise control). This change
recognizes the CO2 benefit of this technology in GEM for
vocational vehicles, which was previously only allowed for tractors.
    We are finalizing an amendment in 40 CFR 1037.550(a)(8) to clarify
that accessory loads should not be included in powertrain testing when
conducting a powertrain test to generate inputs to GEM if torque is
measured at the axle input shaft or wheel hubs. We are also finalizing
changes to 40 CFR 1037.550(f) to clarify for hybrid engines that GEM
must be configured with the applicable accessory load as specified in
40 CFR 1036.503. We are also finalizing a change at 40 CFR
1037.550(o)(4) to note that the regulatory section is now applicable
only to the transient cycle specified in appendix A of 40 CFR part
1037. We are also finalizing a new 40 CFR 1037.550(o)(6) to require
calculating the average powertrain output speed and the average
powertrain output torque for the cruise cycles. The changes to the
calculations in 40 CFR 1037.550(o)(6) are necessary to address the
changes in GEM inputs required for cycle-average fuel maps for cruise
cycles. We are also adding a new vehicle configuration output matrix
for cruise cycles to denote the differences that now exist for the
testing outputs needed for GEM for transient and cruise cycles. As
discussed in Section III of the preamble, we are changing the
regression model used for interpolating the cycle-average fuel maps for
the cruise cycles to improve the accuracy and representativeness of the
regression model.

V. Statutory Authority and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is a significant regulatory action that was submitted
to the Office of Management and Budget (OMB) for review. Any changes
made in response to OMB recommendations have been documented in the
docket.

B. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden
under the PRA. OMB has previously approved the information collection
activities contained in the existing regulations and has assigned OMB
control numbers 2060-0287. This rule clarifies procedures without
affecting information collection requirements.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, the impact of concern is any significant
adverse economic impact on small entities and that the agency is
certifying that this rule will not have a significant economic impact
on a substantial number of small entities if the rule has no net burden
on the small entities subject to the rule. This action is designed to
make various corrections and adjustments to compliance provisions; as a
result, we anticipate no costs associated with this rule. We have
therefore concluded that this action will have no net regulatory burden
for all directly regulated small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action imposes no enforceable duty on any
Tribal, state, or local governments. Requirements for the private
sector do not exceed $100 million in any one year.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.

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

    This action does not have Tribal implications as specified in
Executive Order 13175. This rule will be implemented at the Federal
level and affects engine and vehicle manufacturers. Thus, Executive
Order 13175 does not apply to this action.

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

    This action is not subject to Executive Order 13045 because it is
not economically significant as defined in Executive Order 12866, and
because the EPA does not believe the environmental health or safety
risks addressed by this action present a disproportionate risk to
children. There are no environmental health or safety risks created by
this action that could present a disproportionate risk to children.

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

    This action is not a ``significant energy action'' because it is
not likely to have a significant adverse effect on the supply,
distribution or use of energy. Further, we have concluded that this
action is not likely to have any adverse energy effects because the
regulatory changes are limited to certification procedures for meeting
the Phase 2 GHG standards.

I. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR
Part 51

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs agencies to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards. This action
involves technical standards.
    With one exception, the standards included in the regulatory text
as incorporated by reference in 40 CFR part 1037 were all previously
approved for incorporation by reference (IBR) and no change is included
in this action. In accordance with the requirements of 1 CFR 51.5, we
are incorporating by reference new versions of the GEM. EPA is
publishing new versions of the GEM, which we use for certifying heavy-
duty highway vehicles to the Phase 2 greenhouse gas emission standards
in 40 CFR part 1037. We are also restoring a version of GEM that we
withdrew in a different rulemaking. The model calculates GHG emission
rates for heavy-duty highway vehicles based on input values defined by
the manufacturer. GEM Version 4.0 applies broadly for Phase 2 vehicles.
GEM Version 3.0 and GEM Version 3.5.1 apply optionally for model years
2021 through 2023 to facilitate compliance during a transition period.
The different versions of GEM are referenced in Sec.  1037.520. The
model is available from EPA as noted in the amended regulations at 40
CFR 1037.810.\15\
---------------------------------------------------------------------------

    \15\ GEM is most easily available at www.epa.gov/regulations-emissions-vehicles-and-engines/greenhouse-gas-emissions-model-gem-medium-and-heavy-duty.
---------------------------------------------------------------------------

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    The EPA believes this action does not have disproportionately high
and adverse human health or environmental effects on minority
populations, low-income populations or indigenous peoples, as specified
in Executive Order 12898 (59 FR 7629, February 16, 1994). Due to the
small environmental impact, this regulatory action will not have a
disproportionate adverse effect on minority populations, low-income
populations, or indigenous peoples.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).

L. Judicial Review

    Under CAA section 307(b)(1), judicial review of this final rule is
available only by filing a petition for review in the U.S. Court of
Appeals for the District of Columbia Circuit by September 26, 2022.
Under CAA section 307(d)(7)(B), only an objection to this final rule
that was raised with reasonable specificity during the period for
public comment can be raised during judicial review. CAA section
307(d)(7)(B) also provides a mechanism for EPA to convene a proceeding
for reconsideration, ``[i]f the person raising an objection can
demonstrate to EPA that it was impracticable to raise such objection
within [the period for public comment] or if the grounds for such
objection arose after the period for public comment (but within the
time specified for judicial review) and if such objection is of central
relevance to the outcome of the rule.'' Any person seeking to make such
a demonstration should submit a Petition for Reconsideration to the
Office of the Administrator, Environmental Protection Agency, Room
3000, William Jefferson Clinton Building, 1200 Pennsylvania Ave. NW,
Washington, DC 20460, with an electronic copy to the person listed in
FOR FURTHER INFORMATION CONTACT, and the Associate General Counsel for
the Air and Radiation Law Office, Office of General Counsel (Mail Code
2344A), Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20004. Note that under CAA section 307(b)(2), the
requirements established by this final rule may not be challenged
separately in any civil or criminal proceedings brought by EPA to
enforce these requirements.

List of Subjects

40 CFR Part 1036

    Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Greenhouse
gases, Labeling, Motor vehicle pollution, Reporting and recordkeeping
requirements, Warranties.

40 CFR Part 1037

    Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Incorporation
by reference, Labeling, Motor vehicle pollution, Reporting and
recordkeeping requirements, Warranties.

Michael S. Regan,
Administrator.

    For the reasons set out in the preamble, we are amending title 40,
chapter I of the Code of Federal Regulations as set forth below.

PART 1036--CONTROL OF EMISSIONS FROM NEW AND IN-USE HEAVY-DUTY
HIGHWAY ENGINES

0
1. The authority citation for part 1036 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

0
2. Amend Sec.  1036.150 by adding paragraph (r) to read as follows:

Sec.  1036.150   Interim provisions.

* * * * *
    (r) Fuel maps for the transition to updated GEM. (1) You may use
fuel maps from model year 2023 and earlier engines for certifying model
year 2024 and later engines using carryover provisions in Sec.
1036.235(d).
    (2) Compliance testing will be based on the GEM version you used to
generate fuel maps for certification. For example, if you perform a
selective enforcement audit with respect to fuel maps, use the same GEM
version that you used to generate fuel maps for certification.
Similarly, we will use the same GEM version that you used to generate
fuel maps for certification if we perform confirmatory testing with one
of your engine families.

0
3. Amend Sec.  1036.503 by revising paragraphs (b)(3) and (4) to read
as follows:

Sec.  1036.503   Engine data and information for vehicle certification.

* * * * *
    (b) * * *
    (3) Additional parameters. Determine fuel consumption at idle as
described in Sec.  1036.535(c) and (d) and determine cycle-average
engine fuel maps as described in 40 CFR 1037.550, including cycle-
average engine fuel maps for highway cruise cycles. Set up the test to
apply accessory load for all operation by primary intended service
class as described in the following table:

     Table 1 to Paragraph (b)(3) of Sec.   1036.503--Accessory Load
------------------------------------------------------------------------
                                                               Power
                                                           representing
             Primary intended service class               accessory load
                                                               (kW)
------------------------------------------------------------------------
Light HDV...............................................             1.5
Medium HDV..............................................             2.5
Heavy HDV...............................................             3.5
------------------------------------------------------------------------

    (4) Powertrain. Generate powertrain fuel maps as described in 40
CFR 1037.550 instead of fuel mapping under Sec.  1036.535 or Sec.
1036.540. Note that the option in 40 CFR 1037.550(b)(2) is allowed only
for hybrid engine testing. Disable automatic stop-start systems and
automatic engine shutdown systems when conducting powertrain fuel map
testing using 40 CFR 1037.550.
* * * * *

Sec.  1036.535   [Amended]

0
4. Amend Sec.  1036.535 by removing and reserving paragraph (d)(2).

0
5. Amend Sec.  1036.540 by revising paragraph (e) to read as follows:

Sec.  1036.540   Determining cycle-average engine fuel maps.

* * * * *
    (e) Determine GEM inputs. Use the results of engine testing in
paragraph (d) of this section to determine the GEM inputs for the
transient duty cycle and optionally for each of the highway cruise
cycles corresponding to each simulated vehicle configuration as
follows:
    (1) Your declared fuel mass consumption, mfuel[cycle].
Using the calculated fuel mass consumption values described in
paragraph (d) of this section, declare values using the method
described in Sec.  1036.535(g).
    (2) We will determine mfuel[cycle] values using the
method described in Sec.  1036.535(h).
    (3) For the transient cycle, calculate engine output speed per unit
vehicle speed,
[GRAPHIC] [TIFF OMITTED] TR28JY22.015

by taking the average engine speed measured during the engine test
while the vehicle is moving and dividing it by the average vehicle
speed provided by GEM. Note that the engine cycle created by GEM has a
flag to indicate when the vehicle is moving.
    (4) The engine idle speed and torque, by taking the average engine
speed and torque measured during the engine test while the vehicle is
not moving. Note that the engine cycle created by GEM has a flag to
indicate when the vehicle is moving.
    (5) For the cruise cycles, calculate the average engine output
speed, fnengine, and the average engine output torque
(positive torque only), Tnengine, while the vehicle is
moving. Note that the engine cycle created by GEM has a flag to
indicate when the vehicle is moving.
    (6) Positive work determined according to 40 CFR part 1065,
W[cycle], by using the engine speed and engine torque
measured during the engine test while the vehicle is moving. Note that
the engine cycle created by GEM has a flag to indicate when the vehicle
is moving.
    (7) The following tables illustrate the GEM data inputs
corresponding to the different vehicle configurations for a given duty
cycle:
    (i) For the transient cycle:
    [GRAPHIC] [TIFF OMITTED] TR28JY22.016

    (ii) For the cruise cycles:

             Table 7 to Paragraph (e)(7)(ii) of Sec.   1036.540--Generic Example of an Output Matrix for Cruise Cycle Vehicle Configurations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Configuration
                      Parameter                       --------------------------------------------------------------------------------------------------
                                                           1          2          3          4          5          6          7          8          9
--------------------------------------------------------------------------------------------------------------------------------------------------------
mfuel[cycle].........................................
fnengine[cycle]......................................
Tengine[cycle].......................................
W[cycle].............................................
--------------------------------------------------------------------------------------------------------------------------------------------------------

PART 1037--CONTROL OF EMISSIONS FROM NEW HEAVY-DUTY MOTOR VEHICLES

0
6. The authority citation for part 1037 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

0
7. Amend Sec.  1037.150 by adding paragraph (bb) to read as follows:

Sec.  1037.150   Interim provisions.

* * * * *
    (bb) Transition to updated GEM. (1) Vehicle manufacturers may
demonstrate compliance with Phase 2 GHG standards in model years 2021
through 2023 using GEM Phase 2, Version 3.0, Version 3.5.1, or Version
4.0 (incorporated by reference in Sec.  1037.810). Manufacturers may
change to a different version of GEM for model years 2022 and 2023 for
a given vehicle family after initially submitting an application for
certification; such a change must be documented as an amendment under
Sec.  1037.225. Manufacturers may submit an end-of-year report for
model year 2021 using any of the three regulatory versions of GEM, but
only for demonstrating compliance with the custom-chassis standards in
Sec.  1037.105(h); such a change must be documented in the report
submitted under Sec.  1037.730. Once a manufacturer certifies a vehicle
family based on GEM Version 4.0, it may not revert back to using GEM
Phase 2, Version 3.0 or Version 3.5.1 for that vehicle family in any
model year.
    (2) Vehicle manufacturers may certify for model years 2021 through
2023 based on fuel maps from engines or powertrains that were created
using GEM Phase 2, Version 3.0, Version 3.5.1, or Version 4.0
(incorporated by reference in Sec.  1037.810). Vehicle manufacturers
may alternatively certify in those years based on fuel maps from
powertrains that were created using GEM Phase 2, Version 3.0, GEM HIL
model 3.8, or GEM Phase 2, Version 4.0 (incorporated by reference in
Sec.  1037.810). Vehicle manufacturers may continue to certify vehicles
in later model years using fuel maps generated with earlier versions of
GEM for model year 2024 and later vehicle families that qualify for
using carryover provisions in Sec.  1037.235(d).

0
8. Amend Sec.  1037.510 by revising paragraph (b) to read as follows:

Sec.  1037.510   Duty-cycle exhaust testing.

* * * * *
    (b) Calculate the official emission result from the following
equation:
[GRAPHIC] [TIFF OMITTED] TR28JY22.017

Where:

eCO2comp = total composite mass of CO2
emissions in g/ton-mile, rounded to the nearest whole number for
vocational vehicles and to the first decimal place for tractors.
PL = the standard payload, in tons, as specified in Sec.  1037.705.
vmoving = mean composite weighted driven vehicle speed,
excluding idle operation, as shown in table 1 to this section for
Phase 2 vocational vehicles. For other vehicles, let
vmoving = 1.
w[cycle] = weighting factor for the appropriate test
cycle, as shown in table 1 to this section.
m[cycle] = CO2 mass emissions over each test
cycle (other than idle).
D[cycle] = the total driving distance for the indicated
duty cycle. Use 2.842 miles for the transient cycle, and use 13.429
miles for both of the highway cruise cycles.
m[cycle]-idle = CO2 emission rate at idle.

Example:

    Class 7 vocational vehicle meeting the Phase 2 standards based
on the Regional duty cycle.

PL = 5.6 tons
vmoving = 38.41 mi/hr
wtransient = 20% = 0.20
wdrive-idle = 0% = 0
wparked-idle = 25% = 0.25
w55 = 24% = 0.24
w65 = 56% = 0.56
mtransient = 4083 g
m55 = 13834 g
m65 = 17018 g
Dtransient = 2.8449 miles
D55 = 13.429 miles
D65 = 13.429 miles
mdrive-idle = 4188 g/hr
mparked-idle = 3709 g/hr

[GRAPHIC] [TIFF OMITTED] TR28JY22.018

* * * * *

0
9. Amend Sec.  1037.520 by revising the introductory text and paragraph
(j)(1) to read as follows:

Sec.  1037.520   Modeling CO2 emissions to show compliance for
vocational vehicles and tractors.

    This section describes how to use the Greenhouse gas Emissions
Model (GEM) (incorporated by reference in Sec.  1037.810) to show
compliance with the CO2 standards of Sec. Sec.  1037.105 and
1037.106 for vocational vehicles and tractors. Use GEM version 2.0.1 to
demonstrate compliance with Phase 1 standards; use GEM Phase 2, Version
4.0 to demonstrate compliance with Phase 2 standards. Use good
engineering judgment when demonstrating compliance using GEM. See Sec.
1037.515 for calculation procedures for demonstrating compliance with
trailer standards.
* * * * *
    (j) * * *
    (1) Intelligent controls. Enter 2 for tractors with predictive
cruise control. This includes any cruise control system that
incorporates satellite-based global-positioning data for controlling
operator demand. For tractors without predictive cruise control and for
all vocational vehicles, enter 1.5 if they have neutral coasting,
unless good engineering judgment indicates that a lower percentage
should apply.
* * * * *

0
10. Amend Sec.  1037.550 by:
0
a. Revising paragraph (a)(3) introductory text.
0
b. Adding and reserving paragraph (a)(7).
0
c. Adding paragraph (a)(8).
0
d. Revising paragraphs (f) introductory text and (o).
    The additions and revisions read as follows:

Sec.  1037.550   Powertrain testing.

* * * * *
    (a) * * *
    (3) Powertrain testing depends on models to calculate certain
parameters. You can use the detailed equations in this section to
create your own models, or use the GEM HIL model contained within GEM
Phase 2, Version 4.0 (incorporated by reference in Sec.  1037.810) to
simulate vehicle hardware elements as follows:
* * * * *
    (7) [Reserved]
    (8) Do not apply accessory loads when conducting a powertrain test
to generate inputs to GEM if torque is measured at the axle input shaft
or wheel hubs.
* * * * *
    (f) Driveline and vehicle model. Use the GEM HIL model's driveline
and vehicle submodels or the equations in this paragraph (f) to
calculate the dynamometer speed setpoint, [fnof]nref,dyno,
based on the torque measurement location. For all powertrains,
configure GEM with the accessory load set to zero. For hybrid engines,
configure GEM with the applicable accessory load as specified in 40 CFR
1036.503. For all powertrains and hybrid engines, configure GEM with
the tire slip model disabled.
* * * * *
    (o) Create GEM inputs. Use the results of powertrain testing to
determine GEM inputs for the different simulated vehicle configurations
as follows:
    (1) Correct the measured or calculated fuel masses,
mfuel[cycle], and mean idle fuel mass flow rates,
mfuelidle, if applicable, for each test result to a mass-
specific net energy content of a reference fuel as described in 40 CFR
1036.535(f), replacing mfuel with mfuel[cycle]
where applicable in Eq. 1036.535-4.
    (2) Declare fuel masses, mfuel[cycle], in g/cycle. In
addition, declare mean fuel mass flow rate for each applicable idle
duty cycle,mifuelidle. These declared values may not be
lower than any corresponding measured values determined in this
section. If you use multiple measurement methods as allowed in 40 CFR
1036.540(d), follow 40 CFR 1036.535(g) regarding the use of direct and
indirect fuel measurements and the carbon balance error verification.
These declared values, which serve as emission standards, collectively
represent the powertrain fuel map for certification.
    (3) [Reserved]
    (4) For the transient cycle specified in Sec.  1037.510(a)(2)(i),
calculate powertrain output speed per unit of vehicle speed,
[GRAPHIC] [TIFF OMITTED] TR28JY22.019

using one of the following methods:

    (i) For testing with torque measurement at the axle input shaft:
    [GRAPHIC] [TIFF OMITTED] TR28JY22.020

Example:

ka = 4.0
rB = 0.399 m
[GRAPHIC] [TIFF OMITTED] TR28JY22.021

    (ii) For testing with torque measurement at the wheel hubs, use Eq.
1037.550-8 setting ka equal to 1.
    (iii) For testing with torque measurement at the engine's
crankshaft:
[GRAPHIC] [TIFF OMITTED] TR28JY22.022

Where:

fnengine = average engine speed when vehicle speed is at
or above 0.100 m/s.
vref = average simulated vehicle speed at or above 0.100
m/s.

Example:

fnengine = 1870 r/min = 31.17 r/s
vref = 19.06 m/s
[GRAPHIC] [TIFF OMITTED] TR28JY22.023

    (5) Calculate engine idle speed, by taking the average engine speed
measured during the transient cycle test while the vehicle speed is
below 0.100 m/s. (Note: Use all the charge-sustaining test intervals
when determining engine idle speed for plug-in hybrid engines and
powertrains.)
    (6) For the cruise cycles specified in Sec.  1037.510(a)(2)(ii),
calculate the average powertrain output speed, fnpowertrain,
and the average powertrain output torque (positive torque only),
Tpowertrain, at vehicle speed at or above 0.100 m/s. (Note:
Use all the charge-sustaining and charge-depleting test intervals when
determining fnpowertrain and Tpowertrain for
plug-in hybrid engines and powertrains.)
    (7) Calculate positive work, W[cycle], as the work over
the duty cycle at the axle input shaft, wheel hubs, or the engine's
crankshaft, as applicable, when vehicle speed is at or above 0.100 m/s.
    (8) The following tables illustrate the GEM data inputs
corresponding to the different vehicle configurations for a given duty
cycle:
    (i) For the transient cycle:
    [GRAPHIC] [TIFF OMITTED] TR28JY22.024

    (ii) For the cruise cycles:

              Table 3 to Paragraph (o)(8)(ii) of Sec.   1037.550--Generic Example of Output Matrix for Cruise Cycle Vehicle Configurations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Configuration
                      Parameter                       --------------------------------------------------------------------------------------------------
                                                           1          2          3          4          5          6          7          8          9
--------------------------------------------------------------------------------------------------------------------------------------------------------
mfuel[cycle].........................................
fnpowertrain[cycle]..................................
Tpowertrain[cycle]...................................
W[cycle].............................................
--------------------------------------------------------------------------------------------------------------------------------------------------------

0
11. Amend Sec.  1037.810 by revising paragraph (c) to read as follows:

Sec.  1037.810   Incorporation by reference.

* * * * *
    (c) U.S. EPA, Office of Air and Radiation, 2565 Plymouth Road, Ann
Arbor, MI 48105, www.epa.gov.
    (1) Greenhouse gas Emissions Model (GEM), Version 2.0.1, September
2012 (``GEM version 2.0.1''), IBR approved for Sec.  1037.520.
    (2) Greenhouse gas Emissions Model (GEM) Phase 2, Version 3.0, July
2016 (``GEM Phase 2, Version 3.0''); IBR approved for Sec.
1037.150(bb).
    (3) Greenhouse gas Emissions Model (GEM) Phase 2, Version 3.5.1,
November

2020 (``GEM Phase 2, Version 3.5.1''); IBR approved for Sec.
1037.150(bb).
    (4) Greenhouse gas Emissions Model (GEM) Phase 2, Version 4.0,
April 2022 (``GEM Phase 2, Version 4.0''); IBR approved for Sec. Sec.
1037.150(bb); 1037.520; 1037.550(a).
    (5) GEM's MATLAB/Simulink Hardware-in-Loop model, Version 3.8,
December 2020 (``GEM HIL model 3.8''); IBR approved for Sec.
1037.150(bb).

    Note 1 to paragraph (c): The computer code for these models is
available as noted in paragraph (a) of this section. A working
version of the software is also available for download at
www.epa.gov/regulations-emissions-vehicles-and-engines/greenhouse-gas-emissions-model-gem-medium-and-heavy-duty.

* * * * *
[FR Doc. 2022-16031 Filed 7-27-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 52 (Tuesday, March 17, 2020)]
[Notices]
[Pages 15166-15167]
[FR Doc No: 2020-05390]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2221-041]

Empire District Electric Company; Notice of Application Tendered
for Filing With the Commission and Establishing Procedural Schedule for
Licensing and Deadline for Submission of Final Amendments

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: New Major License.
    b. Project No.: 2221-041.
    c. Date Filed: February 28, 2020.
    d. Applicant: Empire District Electric Company (Empire District).
    e. Name of Project: Ozark Beach Hydroelectric Project (Ozark Beach
Project).
    f. Location: The existing project is located on the White River in
Taney County, Missouri. The project occupies 5.1 acres of United States
lands administered by the U.S. Army Corps of Engineers (Corps).
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791 (a)-825(r).
    h. Applicant Contact: Tim Wilson, Strategic Projects and Energy
Supply, Empire District Electric Company, 602 South Joplin Avenue, P.O.
Box 127, Joplin, MO 64802,<PHONE_NUMBER> or<EMAIL_ADDRESS>and
Randy Richardson, Plant Manager, Empire District Electric Company, 2537
Fir Road, Sarcoxie, MO 64862,<PHONE_NUMBER> or
<EMAIL_ADDRESS>    i. FERC Contact: Colleen Corballis at<PHONE_NUMBER> or email at
<EMAIL_ADDRESS>    j. This application is not ready for environmental analysis at this
time.
    k. The Ozark Beach Project consists of the following existing
facilities: (1) 2,200 acre Lake Taneycomo with a gross storage capacity
of 22,000 acre-feet and a usable storage capacity of 6,500 acre-feet at
a water surface elevation of 701.35 feet National Geodetic Vertical
Datum of 1929; (2) a 1,273-foot-long, 53-foot-high dam consisting of,
from west to east: (a) A 420-foot-long earth fill embankment, (b) a
575-foot-long concrete overflow spillway topped with 32 Obermeyer
gates, (c) an 18-foot-long concrete overflow spillway, (d) an integral
210-foot-long reinforced concrete powerhouse, and (e) a 50-foot-long
concrete non-overflow section; (3) a 210-foot-long, 80-foot-wide, 92-
foot-high reinforced concrete integral powerhouse with an operating
head of 50 feet; (4) trash racks at the entrance to intakes; (5) four
7,250 horsepower vertical-shaft Francis-type turbines with a total
capacity of 29,000 horsepower, each couple to a 4.0 megawatt (MW)
generator with a total capacity of 16.0 MW; (6) a 200-foot-long, 4,600-
volt overhead transmission line connected to a three phase 22,400-
kilovolt ampere 4,600 to 161,000-volt step-up transformer that connects
to Empire District Electric Company's 161,000-volt transmission system;
and (7) appurtenant facilities.
    The existing Ozark Beach Project is situated between two
multipurpose projects that are owned by the Corps. The Table Rock
Project, which is immediately upstream of the Ozark Beach Project, is
operated in a peaking mode based on regional demand requirements. The
Ozark Beach Project discharges directly into the Bull Shoals Project
reservoir, which is immediately downstream. Using the storage in Lake
Taneycomo, the Ozark Beach Project is operated based on various
conditions including closely matching the releases of the upstream
Table Rock Project, market pricing, Lake Taneycomo water level, Bull
Shoals water level and rainfall. The Ozark Beach Project has an
estimated annual energy production of about 50,768 megawatt hours.
Empire District proposes to continue to operate using the storage in
Lake Taneycomo. Empire District does not propose any new construction.
    Empire District proposes to modify the project boundary by removing
6,021 acres from the existing area of 8,267 acres for a proposed
project boundary of 2,246 acres. Empire District's proposal would
reduce the existing area of United States lands administered by the
Corps from 5.1 acres to 0.64 acres.

    l. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's website at http://www.ferc.gov using the eLibrary link.
Enter the docket number excluding the last three digits in the docket
number field to access the document. For assistance, please contact
FERC Online Support at<EMAIL_ADDRESS>(866) 208-3676 (toll
free), or<PHONE_NUMBER> (TTY). A copy is also available for inspection
and reproduction at the address in item (h) above.
    m. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    n. Procedural Schedule: The application will be processed according
to the following preliminary schedule. Revisions to the schedule may be
made as appropriate.

------------------------------------------------------------------------
              Milestone                           Target date
------------------------------------------------------------------------
Notice of Acceptance/Notice of Ready  June 2020.
 for Environmental Analysis.
Filing of recommendations,            October 2020.
 preliminary terms and conditions,
 and fishway prescriptions.
Commission issues Environmental       April 2021.
 Assessment (EA).
Comments on EA......................  May 2021.
Modified terms and conditions.......  July 2021.
------------------------------------------------------------------------

    o. Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of the notice
of ready for environmental analysis.

    Dated: March 10, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-05390 Filed 3-16-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 93 (Wednesday, May 14, 2014)]
[Notices]
[Pages 27604-27605]
[FR Doc No: 2014-11091]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9910-90-OA]

Notification of a Public Teleconference of the Chartered Science
Advisory Board

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The EPA Science Advisory Board (SAB) Staff Office announces a
public teleconference of the Chartered Science Advisory Board Panel to
discuss planned actions identified in the agency's regulatory agenda
and the adequacy of their supporting science.

DATES: The public teleconference will be held on Wednesday, June 11,
2014 from 11:00 a.m. to 1:00 p.m. (Eastern Time).
    Location: The public teleconference will be conducted by telephone
only.

FOR FURTHER INFORMATION CONTACT: Any member of the public wishing to
obtain information concerning the public meeting may contact Dr. Angela
Nugent, Designated Federal Officer (DFO), EPA Science Advisory Board
Staff Office (1400R), U.S. Environmental Protection Agency, 1200
Pennsylvania Avenue NW., Washington, DC 20460; by telephone/voice mail
at<PHONE_NUMBER> or at<EMAIL_ADDRESS>General information
about the SAB as well as any updates concerning the meeting announced
in this notice may be found on the EPA Web site at http://www.epa.gov/sab.

SUPPLEMENTARY INFORMATION: The SAB was established pursuant to the
Environmental Research, Development, and Demonstration Authorization
Act (ERDDAA), codified at 42 U.S.C. 4365, to provide independent
scientific and technical advice to the Administrator on the technical
basis for Agency positions and regulations. The SAB is a Federal
Advisory Committee chartered under the Federal Advisory Committee Act
(FACA), 5 U.S.C., App. 2. The SAB will comply with the provisions of
FACA and all appropriate SAB Staff Office procedural policies. Pursuant
to FACA and EPA policy, notice is hereby given that the SAB will hold a
public meeting to discuss and deliberate on the topics below.
    The EPA has recently underscored the need to routinely inform the
SAB about proposed and planned agency actions that have a scientific or
technical basis. Accordingly, the agency provided notice to the SAB
that the Fall 2013 Unified (Regulatory) Agenda and Regulatory Plan had
been published on November 26, 2013. This semi-annual regulatory agenda
is available at http://www.reginfo.gov/public/. At the June 11, 2014
teleconference, the Chartered SAB will discuss whether it should
provide advice and comment on the adequacy of the scientific and
technical basis for EPA actions included in the Unified (Regulatory)
Agenda.
    Availability of Meeting Materials: Agendas and materials in support
of this meeting will be placed on the EPA Web site at http://www.epa.gov/sab in advance of the meeting.
    Procedures for Providing Public Input: Public comment for
consideration by EPA's federal advisory committees and panels has a
different purpose from public comment provided to EPA program offices.
Therefore, the process for submitting comments to a federal advisory
committee is different from the process used to submit comments to an
EPA program office.
    Federal advisory committees and panels, including scientific
advisory committees, provide independent advice to EPA. Members of the
public can submit comments for a federal advisory committee to consider
as it develops advice for EPA. Input from the public to the SAB will
have the most impact if it provides specific scientific or technical
information or analysis for SAB panels to consider or if it relates to
the clarity or accuracy of the technical information. Members of the
public wishing to provide comment should contact the Designated Federal
Officer directly. Oral Statements: In general, individuals or groups
requesting an oral presentation at a teleconference will be limited to
three minutes. Each person making an oral statement should consider
providing written comments as well as their oral statement so that the
points presented orally can be expanded upon in writing. Interested
parties should contact Dr. Angela Nugent, DFO, in writing (preferably
via email) at the contact information noted above by June 4, 2014 for
the teleconference, to be placed on the list of public speakers.
Written Statements: Written statements should be supplied to the DFO
via email at the contact information noted above by June 4, 2014 for
the teleconference so that the information may be made available to the
Panel members for their consideration. Written statements should be
supplied in one of the following electronic formats: Adobe Acrobat PDF,
MS Word, MS PowerPoint, or Rich Text files in IBM-PC/Windows 98/2000/XP
format. It is the SAB Staff Office general policy to post written
comments on the Web page for the advisory meeting or teleconference.
Submitters are requested to provide an unsigned version of each
document because the SAB Staff Office does not publish documents with
signatures on its Web sites. Members of the public should be aware that
their personal contact information, if included in any written
comments, may be posted to the SAB Web site. Copyrighted material will
not be posted without explicit permission of the copyright holder.

    Accessibility: For information on access or services for
individuals with disabilities, please contact Dr. Angela Nugent at
(202) 564-2218 or<EMAIL_ADDRESS>To request accommodation of a
disability, please contact Dr. Nugent preferably at least ten days
prior to the teleconference to give EPA as much time as possible to
process your request.

    Dated: May 7, 2014.
 Christopher Zarba,
Director, EPA Science Advisory Staff Office.
[FR Doc. 2014-11091 Filed 5-13-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 121 (Monday, June 28, 2021)]
[Notices]
[Pages 34005-34006]
[FR Doc No: 2021-13697]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2003-0004; FRL-10024-39]

Access to Confidential Business Information by Avanti Corporation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has authorized its contractor Avanti Corporation of
Alexandria, VA, to access information which has been submitted to EPA
under all Sections of the Toxic Substances Control Act (TSCA). Some of
the information may be claimed or determined to be Confidential
Business Information (CBI).

DATES: Access to the confidential data will occur no sooner than July
6, 2021.

FOR FURTHER INFORMATION CONTACT:
    For technical information contact: Colby Lintner, Program
Management and Operations Division (7407M), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number:
(202) 564-8182; email address<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general. This action may,
however, be of interest to all who manufacture, process, or distribute
industrial chemicals. Since other entities may also be interested, the
Agency has not attempted to describe all the specific entities that may
be affected by this action.

B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPPT-2003-0004, is available at http://www.regulations.gov or at the Office of Pollution Prevention and Toxics
Docket (OPPT Docket), Environmental Protection Agency Docket Center
(EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OPPT Docket is (202) 566-
0280. Due to the public health concerns related to COVID-19, the EPA
Docket Center (EPA/DC) and Reading Room is closed to visitors with
limited exceptions. The staff continues to provide remote customer
service via email, phone, and webform. For the latest status
information on EPA/DC services and docket access, visit https://www.epa.gov/dockets.

II. What action is the Agency taking?

    Under contract number 47QRAA20D002D, task order number
68HERC21F0043, contractor Avanti, Corporation of 6621 Richmond Hwy.
#200, Alexandria, VA will assist the Office of Pollution Prevention and
Toxics (OPPT) by providing administrative and technical support to the
TSCA New Chemicals Program utilizing EPA CBI databases and software to
create documents, databases, attend meetings, previewing CBI claims,
transferring sanitized documents from the CBI LAN to ADMIN and transfer
non-CBI files to the CBI LAN for special projects.
    In accordance with 40 CFR 2.306(j), EPA has determined that under
EPA contract number 47QRAA20D002D, task order number 68HERC21F0043,
Avanti will require access to CBI submitted under all Sections of TSCA
to perform successfully the duties specified under the contract.
Avanti's personnel will be given access to information claimed or
determined to be CBI information submitted to EPA under all sections of
TSCA.
    EPA is issuing this notice to inform all submitters of information
under all sections of TSCA that EPA will provide Avanti access to these
CBI materials on a need-to-know basis only. All access to TSCA CBI
under this contract will take place at EPA Headquarters, in accordance
with EPA's TSCA CBI Protection Manual.
    Access to TSCA data, including CBI, will continue until October 31,
2023. If the contract is extended, this access will also continue for
the duration of the extended contract without further notice.
    Avanti's personnel will be required to sign nondisclosure
agreements and will be briefed on specific security procedures for TSCA
CBI.

    Authority: 15 U.S.C. 2601 et seq.

    Dated: June 22, 2021.
Pamela Myrick,
Director, Project Management and Operations Division, Office of
Pollution Prevention and Toxics.
[FR Doc. 2021-13697 Filed 6-25-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 211 (Tuesday, November 1, 2011)]
[Notices]
[Pages 67517-67519]
[FR Doc No: 2011-28207]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65634; File No. SR-CME-2011-11]

Self-Regulatory Organizations; Chicago Mercantile Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Establish a Fee Waiver Program Applicable to Its OTC Credit Default
Swap Index Clearing Offering

October 26, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on October 17, 2011, Chicago Mercantile Exchange Inc. (``CME'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change described in Items I, II and III below, which
items have been prepared primarily by CME. CME filed the proposed rule
change pursuant to Section 19(b)(3)(A) \3\ of the Act and Rule 19b-
4(f)(4)(ii) \4\ thereunder.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(4)(ii).
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I. Self-Regulatory Organization's Statement of Terms of Substance of
the Proposed Rule Change

    The text of the proposed rule change is below. Italicized text
indicates additions; [bracketed] text indicates deletions.
* * * * *

FEE WAIVER PROGRAM FOR OTC CREDIT DEFAULT SWAP CLEARING

Program Purpose.

    The purpose of this Program is to encourage market participants
to increase their OTC clearing activity for the product listed
below.

Product Scope

    OTC Credit Default Swap Clearing (``Product'').

Eligible Participants

    All market participants including CME CDS Clearing Members and
their customers are eligible. The fee incentives described below
will be automatically applied to all cleared trades in the Product.

Program Term

    Start date is October 31, 2011. End date is December 31, 2011.

Hours

    The incentives will apply to transactions cleared in the
Product.

Program Incentives

    Fee Waivers. All market participants that clear the Product will
have their clearing fees waived.
* * * * *

II. Self-Regulatory Organization's Statement of Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, CME included statements
concerning the purpose and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. CME has prepared summaries, set forth in sections A, B,
and C below, of the most significant aspects of such statements.

A. Self-Regulatory Organization's Statement of Purpose of, and
Statutory Basis for, the Proposed Rule Change

    CME proposes to implement a fee waiver program that will apply to
OTC credit default swap index clearing at CME (the ``Program''). The
Program will be a general fee waiver that would apply equally to all
market participants, including CDS Clearing Members and their
customers. The Program by its terms would become operative on October
31, 2011 and extend through December 31, 2011.
    In July 2011, CME lifted certain volume caps applicable to its OTC
credit default swap index clearing business that were initially
implemented in December, 2009. CME followed up with a launch of a
broader set of credit default swap index products available for
clearing in September, 2011. CME expects that the combination of its
recently expanded breadth of products, the termination of the volume
caps and the establishment of the Program will encourage customers to
place more volume into the system to ensure readiness and help build
open interest in credit default swap index products prior to
implementation of the upcoming centralized clearing mandate.
    The proposed rule changes that are the subject of this filing are
related to fees and therefore will become effective immediately.
However, the Program will become operative as of October 31, 2011. CME
has also certified the proposed rule changes that are the subject of
this filing to its primary regulator, the Commodity Futures Trading
Commission (``CFTC''), and CME expects that those certified proposed
rule changes will become effective on October 31, 2011. The text of the
proposed rule amendments is in Section 1 of this notice, with additions
italicized and deletions in brackets.
    The proposed CME rule amendments establish or change a member due,
fee or other charge imposed by CME under Section 19(b)(3)(A)(ii) of the
Securities Exchange Act of 1934 and Rule 19b-4(f)(ii) thereunder. CME
believes that the proposed rule change is consistent with the
requirements of the Securities Exchange Act of 1934 and the rules and
regulations thereunder and, in particular, to 17A(b)(3)(iv),\5\ in that
it provides for the equitable allocation of reasonable dues, fees and
other charges among participants. CME notes that it operates in a
highly competitive market in which market participants can readily
direct business to competing venues. CME further notes that the
proposed change is non-discriminatory in that it is equally applicable
to all market participants.
---------------------------------------------------------------------------

    \5\ The Commission notes that the correct citation is Section
19(b)(3)(A).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The proposed rule change does not impose any burden on competition.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    CME has not solicited, and does not intend to solicit, comments
regarding this proposed rule change. CME has not received any
unsolicited written comments from interested parties.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The foregoing rule change was filed pursuant to Section
19(b)(3)(A)(ii) of the Act and paragraph (f)(ii) of Rule 19b-4 and
became effective on filing. At any time within 60 days of the filing of
such rule change, the Commission summarily may temporarily suspend such
rule change if it appears to the Commission that such action is
necessary or appropriate in the public interest, for the protection of
investors, or otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
     Electronic comments may be submitted by using the
Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml), or send an email to<EMAIL_ADDRESS>Please include
File No. SR-CME-2011-11 on the subject line.
     Paper comments should be sent in triplicate to Elizabeth
M. Murphy, Secretary, Securities and Exchange Commission, 100 F Street
NE., Washington, DC 20549-1090.
    All submissions should refer to File Number SR-CME-2011-11. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of CME. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly.
    All submissions should refer to File Number SR-CME-2011-11 and
should be submitted on or before November 22, 2011.
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    \6\ 17 CFR 200.30-3(a)(12).

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    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\6\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2011-28207 Filed 10-31-11; 8:45 am]
BILLING CODE 8011-01-P


PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request U. S. Environmental Protection Agency/ Office of Solid Waste and Emergency Response/ Office of Solid Waste 2. OMB control number b. G None a. 2050 0035 3. Type of information collection ( check one) a. G New collection b. X Revision of a currently approved collection c. G Extension of a currently approved collection d. G Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number 4. Type of review requested ( check one) a. X Regular b. G Emergency  Approval requested by: / / c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? G Yes X No For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a. G Three years from approval date b. X Other Specify: 01/ 31/ 2008 7. Title Generator Standards Applicable to College and University Laboratories 8. Agency form number( s) ( If applicable) EPA ICR Number 0820.10 9. Keywords Hazardous waste, colleges and universities, laboratories, reporting and recordkeeping requirements 10. Abstract The U. S. Environmental Protection Agency is proposing to amend the regulations under the Resource Conservation and Recovery Act ( RCRA) applicable to the management of hazardous wastes generated in college and university ( C/ U) laboratories. The intent of the proposed rule is to establish an alternative set of generator requirements for C/ U laboratories that is better suited to their unique circumstances, and promotes environmental protection and public health through safer management of laboratory chemical wastes. This set of requirements would be codified at 40 CFR Part 262, Subpart K. The requirements of Subpart K would only apply to hazardous wastes generated in C/ U laboratories. Hazardous wastes generated in other parts of the C/ U and laboratories located in non C/ Us would remain subject to the existing hazardous waste regulations. Under the proposed rule, C/ Us with laboratories that generate hazardous waste would have the choice to manage their hazardous waste in accordance with the alternative set of regulations or remain subject to the existing generator regulations promulgated in 40 CFR Part 262, Subpart C.

11. Affected public ( Mark primary with " P" and all others that apply with " X") a. Individuals or households d. X Farms b. P Business or other for profit e. X Federal Government c. X Not for profit institutions f. X State, Local or Tribal Government 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. G Voluntary b. G Required to obtain or retain benefits c. P Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 124,382 b. Total annual responses 124,382 1. Percentage of these responses collected electronically 0 % c. Total hours requested 455,388 d. Current OMB inventory 455,387 e. Difference 1 f. Explanation of difference 1. Program Change 1 2. Adjustment 0 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars)

a. Total annualized capital/ startup costs $ 23 b. Total annual costs ( O& M) $ 35 c. Total annualized cost requested $ 58 d. Current OMB inventory $ 57 e. Difference $ 1 f. Explanation of difference 1. Program change $ 1 2. Adjustment $ 0 15. Purpose of information collection ( Mark Primary With " P" and all others that apply with " X") a. __ Application for benefits e. __ Program planning or management b. X Program evaluation f. __ Research c. __ General purpose statistics g. P Regulatory or compliance d. __ Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a. X Recordkeeping b. Q Third party disclosure c. X Reporting 1. X On occasion 2. Q Weekly 3. Q Monthly 4. Q Quarterly 5. Q Semi annually 6. Q Annually 7. X Biannually 8. X Other ( describe) One time 17. Statistical methods Does this information collection employ statistical methods?

Q Yes X No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: Patricia Mercer Phone: ( 703) 308 8408 OMB 83 I 10/ 95 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, 1 certify that the collection of information encompassed by this request complies with' 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8( b)( 3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

( a) It is necessary for the proper performance of agency functions;

( b) It avoids unnecessary duplication;

( c) It reduces burden on small entities;

( d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents;

( e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

( f) It indicates the retention periods for recordkeeping requirements;

( g) It informs respondents of the information called for under 5 CFR 1320.8( b)( 3): ( I) Why the information is being collected' ( ii) Use of information; ( iii) Burden estimate; ( iv) Nature of response ( voluntary, required for a benefit, or mandatory); ( v) Nature and extent of confidentiality; and ( vi) Need to display currently valid OMB control number;

( h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected ( see note in Item 19 of the instructions);

( I) It uses effective and efficient statistical survey methodology; and ( j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement.

Signature of Program Official Date Signature of Senior Official or designee Oscar Morales, Director Collection Strategies Division Office of Environmental Information Date OMB 83 I 10/ 95 Certification Requirement for Paperwork Reduction Act Submissions 5 CFR 1320.9 reads " As part of the agency submission to OMB of a proposed collection of information, the agency ( through the head of the agency, the Senior Official or their designee) shall certify ( and provide a record supporting such certification) that the proposed collection of information

"( a) is necessary for the proper performance of the functions of the agency, including that the information to be collected will have practical utility;

"( b) is not unnecessarily duplicative of information otherwise reasonably accessible to the agency;

"( c) reduces to the extent practicable and appropriate the burden on persons who shall provide information to or for the agency, including with respect to small entities, as defined in the Regulatory Flexibility Act 5 U. S. C § 601( 6)), the use of such techniques as:

"( 1) establishing differing compliance or reporting requirements or timetables that take into account the resources available to those who are to respond; "( 2) the clarification, consolidation, or simplification of compliance and reporting requirements; or collection of information , or any part thereof; "( 3) an exemption from coverage of the collection of information, or any part thereof;

"( d) is written using plain, coherent, and unambiguous terminology and is understandable to those who are to respond;

"( e) is to be implemented in ways consistent and compatible, to the maximum extent practicable, with the existing reporting and recordkeeping practices of those who are to respond;

"( f) indicates for each recordkeeping requirement the length of time persons are required to maintain the records specified;

"( g) informs potential respondents of the information called for under § 1320.8( b)( 3); [ see below]

"( h) has been developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected, including the processing of the information in a manner which shall enhance, where appropriate, the utility of the information to agencies and the public;

"( I) uses effective and efficient statistical survey methodology appropriate to the purpose for which the information is to be collected; and "( j) to the maximum extent practicable, uses appropriate information technology to reduce burden and improve data quality, agency efficiency and responsiveness to the public."

NOTE: 5 CFR 1320.8( b)( 3) requires that each collection of information:

"( 3) informs and provides reasonable notice to the potential persons to whom the collection of information is addressed of: "( I) the reasons the information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( ii) the way such information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( iii) an estimate, to the extent practicable, of the average burden of the collection ( together with a request that the public direct to the agency any comments concerning the accuracy of this burden estimate and any suggestions for reducing this burden); "( iv) whether responses to the collection of information are voluntary, required to obtain or retain a benefit ( citing authority), or mandatory ( citing authority); "( v) the nature and extent of confidentiality to be provided, if any ( citing authority); and "( vi) the fact that any agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number."

OMB 83 I ( Instructions) 10/ 95