[Federal Register Volume 85, Number 86 (Monday, May 4, 2020)]
[Rules and Regulations]
[Pages 26361-26364]
[FR Doc No: 2020-08518]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2018-0705; FRL-10007-85-Region 6]

Air Plan Approval; New Mexico; Interstate Transport Requirements
for the 2008 Ozone NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Pursuant to the Clean Air Act, (CAA or Act), the Environmental
Protection Agency (EPA) is approving State Implementations Plan (SIP)
revisions submitted by the State of New Mexico and the City of
Albuquerque-Bernalillo County that address interstate transport for the
2008 ozone National Ambient Air Quality Standards (NAAQS). The EPA is
approving the submissions as meeting the requirement that the New
Mexico SIP contain adequate provisions to prohibit emissions which will
significantly contribute to nonattainment or interfere with maintenance
of the 2008 ozone NAAQS in other states.

DATES: This rule is effective on June 3, 2020.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2018-0705. All documents in the docket are
listed on the https://www.regulations.gov website. While all documents
in the docket are listed in the index, some information may not be
publicly available due to docket file size restrictions or content
(e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Sherry Fuerst, EPA Region 6 Office,
Infrastructure and Ozone Section,<PHONE_NUMBER><EMAIL_ADDRESS>
Out of an abundance of caution for members of the public and our staff,
the EPA Region 6 office will be closed to the public to

reduce the risk of transmitting COVID-19.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.

I. Background

    The background for this action is discussed in detail in EPA's
December 3, 2019 proposal (84 FR 66098). In that document, we proposed
approval of SIP revisions that address the interstate transport of air
pollution requirements of CAA section 110(a)(2)(D)(i)(I) for the 2008
ozone NAAQS. The SIP revisions were submitted by the state of New
Mexico and the City of Albuquerque-Bernalillo County on October 10,
2018 and October 4, 2018, respectively. In today's action, we are
approving the transport SIP for the 2008 ozone NAAQS.

II. Response to Comments

    We received one comment on the proposed rulemaking. The full text
of the comment is available for review in the docket for this
rulemaking. The comment was submitted by the Sierra Club (on behalf of
itself and the Center for Biological Diversity). To best address the
comment, we have broken the comment down into two parts (Comment 1 and
Comment 2). We have responded to both parts of the comment below and
provided a more detailed response in the Response to Comment Technical
Support Document included in our docket.
    Comment #1: The commenters assert that oil and gas emissions in New
Mexico are not fairly represented in EPA modeling and therefore both
air quality at downwind receptors and the impact of New Mexico's
contribution to projected nonattainment and maintenance areas in other
states are underestimated. The commenter points to increased production
particularly in the Permian Basin as evidence that EPA's emissions
estimates are too low.
    Response #1: EPA disagrees with the claims made by the commenters
that the oil and gas exploration and production sector (Oil and Gas
E&P) emissions in New Mexico are not adequately represented in EPA
modeling. EPA and states go to great lengths to ensure that emission
inventories and emission projections are of the highest quality. The
efforts to provide for quality assurance, quality control and public
input for the emission inventories that were utilized in the modeling
for these SIP revisions are described in detail in the Response to
Comments Technical Support Document for this action. Our review of the
total 2017 projected Oil and Gas E&P emissions utilized in the 2017
Future Year modeling, more recent Oil and Gas E&P emissions
projections, and the 2014 National Emission Inventory (NEI) of Oil and
Gas E&P emissions in New Mexico indicate that the 2017 projected
emissions used in the 2017 Future Year modeling were overstated rather
than understated as characterized by the reviewer. This overestimation
of the projected emissions inventory could have also resulted in an
overestimation by the air quality model of the downwind impact of
emissions from New Mexico's Oil and Gas E&P to other states in the 2017
Future Year modeling. Thus, contrary to the commenters' concern, EPA's
estimate of New Mexico's 2017 modeled impacts on other states is likely
conservative and supports EPA's conclusion that impacts from emissions
originating in New Mexico on other states are below 0.75 parts per
billion (ppb) in 2019-2020.
    EPA agrees that there has been increase in Oil and Gas E&P activity
in New Mexico since 2011. Emissions associated with the sector,
however, do not have a linear relationship with exploration and
production related activities. As Oil and Gas E&P have grown in New
Mexico, there have been, and continue to be, simultaneous improvements
in emission reduction technology and new regulatory control
requirements. These two competing factors were considered in emissions
projection used in EPA's 2017 and 2023 modeling pertaining to
interstate transport. Selected source categories reflect reductions in
volatile organic compounds (VOCs) and nitrogen oxides (NOX)
that occur at reciprocating internal combustion engines (RICE) due to
controls from both the National Emission Standards for Hazardous Air
Pollutants (NESHAP) and New Source Performance Standards (NSPS). The
upgrades in emissions technology necessary to comply with these rules
generally bring co-benefits of reductions in VOCs and NOX
emissions. The areas in New Mexico which experienced a growth in the
Oil and Gas E&P such as the Permian Basin tend to use newer equipment
that meets the lower RICE NESHAP and RICE NSPS requirements. Other
NOX emitters in Oil and Gas E&P are also subject to
regulations and emission control technologies which are being installed
over time. See Response to Comment Technical Support Document for this
action for further explanation.
    Projection of emissions is a stepwise process starting with a base
year emissions level, followed by application of factors for
retirement, growth and controls. EPA developed the 2017 emission
projections of Oil and Gas E&P based on information available in 2014-
2015. The emission projection from 2011 to 2017 used in the modeling
for the SIP revision shows that if the emissions were not subject to
controls, the emissions from Oil and Gas E&P in New Mexico would have
increased 28.5%. However, emission control technologies implemented
between 2011 and 2017 reduced projected 2017 emissions by 21.4%. As a
result, the net projected NOX emission rate from Oil and Gas
E&P for 2017 increased only 7.1% despite the activity growth in the
sector.
    A stepwise emission projections process was also completed in 2016-
2017 when developing the 2023 modeling emissions for Oil and Gas E&P
inventory. Like when developing the 2017 emission projections, EPA used
the most recent data in development of the 2023 modeling emission
inventory, therefore there were differences in growth projections
between the 2017 model inventory and 2023 model emission inventories,
(like updated growth projections for 2023 model emission inventory).
The emission projection from 2011 to 2023 used in EPA's modeling shows
that if the emissions were not subject to controls, the emissions from
Oil and Gas E&P operations in New Mexico would have increased 27.8%.
However, closures in New Mexico Oil and Gas E&P reduced the 2023
projected emissions increase by 2.8%. Emission control technologies
implemented between 2011 and 2023 also reduced projected 2023 emissions
by 23.2%. As a result, the net projected New Mexico Oil and Gas E&P
NOX emissions for 2023 were projected to increase only 1.8%
(27.8%-2.8%-23.2%) from 2011 emission levels despite the projected
activity growth in the sector.
    EPA used appropriate techniques and the most recently available
data to estimate both base and projection year inventories for the Oil
and Gas E&P sector in the 2017 and 2023 modeling. This supports the
conclusion that it is appropriate to rely on EPA's assessment of the
2017 and 2023 modeling to conclude that New Mexico's impact on all
identified downwind receptors is below the 1 percent threshold of 0.75
ppb in 2019-2020 and therefore that New Mexico will not significantly
contribute to nonattainment or interfere with maintenance of the 2008
ozone NAAQS in other states. A complete discussion of our evaluation is
included in the Response to Comment Technical Support Document, which
can be found in the docket for this action.

    Comment #2: The commenters state that they have not reviewed other
inventory contributions but that the 2017 and 2023 emission projections
from 2011 for other source categories (non-Oil and Gas E&P emissions)
are likely not correct. The commenters then state that EPA should
update its inventory using 2017 actual emissions data and use 2017
actuals to project 2023 air quality, including a potential range of
emissions scenarios for 2023.
    Response #2: EPA disagrees with the commenters' claim that the 2017
and 2023 future year emission projections for other source categories
are also incorrect. The commenters have not provided a reason to doubt
the accuracy of the inventories and projections for these other
sectors, nor have they provided information to support the claim.
Therefore, EPA continues to believe that the methodologies used by EPA
to calculate 2017 and 2023 future year projections are appropriate. For
further explanation on how these inventories and projections are
assessed, please see the more detailed response for Comment #1 in the
Response to Comment Technical Support Document, which can be found in
the docket for this action.
    In response to the commenters' suggestion that EPA should update
its 2017 inventory with actual emissions, and include a range of
emissions projections for 2023, EPA again disagrees. The 2017 NEI
emissions for non-point Oil and Gas E&P emission sources were not yet
available at the time EPA conducted the 2023 modeling, but nonetheless
the commenter has not indicated how or whether the use of the 2017 data
would be likely to change EPA's assessment of New Mexico's impact on
downwind receptors.
    We do note, as explained in further detail below, it is also not
reasonable to redo projections to 2023 and remodel impacts as part of
the review of the New Mexico SIP. Redevelopment of emission inventories
and performing photochemical grid modeling with source apportionment
would take at least one to two years and significant resources. Such an
effort is not a reasonable expectation without any indication that the
use of 2017 data in its modeling is likely to lead to a different
conclusion with respect to New Mexico's SIP. New Mexico utilized recent
EPA modeling in developing its SIP submittals and we utilized even more
recent analyses that were released in 2017 and 2018 to support our
proposed approval action. As discussed above we used the most recent
EIA AEO data at the time the emission inventories were generated. The
commenter has not provided any information to support its conclusion
that EPA would need to perform new modeling to support its approval of
New Mexico's SIP, nor have the commenters provided any such updated
modeling data. Therefore, EPA continues to believe that its analysis of
the available data indicates that New Mexico will not significantly
contribute to nonattainment or interfere with maintenance of the 2008
ozone NAAQS in other states.

III. Final Action

    We are (1) determining that New Mexico and the City of Albuquerque-
Bernalillo County have met their obligation under CAA section
110(a)(2)(D)(i)(I) because New Mexico will not significantly contribute
to nonattainment or interfere with maintenance of the 2008 ozone NAAQS
in any other state and (2) approving the October 10, 2018 New Mexico
and October 4, 2018 City of Albuquerque-Bernalillo County SIP revisions
for the 2008 ozone NAAQS interstate transport requirements of CAA
110(a)(2)(D)(i)(I).

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, described in the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by July 6, 2020. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness

of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen oxides, Ozone.

    Dated: April 16, 2020.
Kenley McQueen,
Regional Administrator, Region 6.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart GG--New Mexico

0
2. In Sec.  52.1620, the table in paragraph (e) entitled ``EPA Approved
Nonregulatory Provisions and Quasi-Regulatory Measures in the New
Mexico SIP'' is amended by adding an entry at the end of the table for
``Interstate Transport for the 2008 Ozone NAAQS'' to read as follows:

Sec.  52.1620   Identification of plan

* * * * *
    (e) * * *

            EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the New Mexico SIP
----------------------------------------------------------------------------------------------------------------
                                     Applicable
     Name of SIP provision          geographic or         State       EPA approval date        Explanation
                                 nonattainment area  submittal date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Interstate Transport for the     Statewide.........      10/10/2018  5/4/2020, [Insert   SIPs adopted by: NMED
 2008 ozone NAAQS.                                        10/4/2018   Federal Register    and City of
                                                                      citation].          Albuquerque-Bernalillo
                                                                                County. Addresses CAA
                                                                                section
                                                                                110(a)(2)(D)(i)(I).
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[FR Doc. 2020-08518 Filed 5-1-20; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 245 (Monday, December 27, 2021)]
[Notices]
[Pages 73273-73274]
[FR Doc No: 2021-28023]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EC22-25-000.
    Applicants: Chambers Cogeneration Limited Partnership, Carneys
Point Generation II, L.L.C.
    Description: Joint Application for Authorization Under Section 203
of the Federal Power Act of Chambers Cogeneration Limited Partnership,
et al.
    Filed Date: 12/17/21.
    Accession Number: 20211217-5417.
    Comment Date: 5 p.m. ET 1/7/22.

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

    Docket Numbers: ER11-3461-001; ER11-4443-004; ER16-1689-003.
    Applicants: ArcelorMittal Cleveland LLC, AK Electric Supply, LLC,
ArcelorMittal USA, LLC.
    Description: Notice of Non-Material Change in Status of AK Electric
Supply, LLC, et al.
    Filed Date: 12/15/21.
    Accession Number: 20211215-5311.
    Comment Date: 5 p.m. ET 1/5/22.

    Docket Numbers: ER11-4443-005.
    Applicants: AK Electric Supply, LLC.
    Description: Notice of Non-Material Change in Status of AK Electric
Supply LLC.
    Filed Date: 12/15/21.
    Accession Number: 20211215-5312.
    Comment Date: 5 p.m. ET 1/5/22.

    Docket Numbers: ER17-2515-006.
    Applicants: Chambers Cogeneration, Limited Partnership.
    Description: Compliance filing: Informational Filing Pursuant to
Schedule 2 to be effective N/A.
    Filed Date: 12/20/21.
    Accession Number: 20211220-5124.
    Comment Date: 5 p.m. ET 1/10/22.

    Docket Numbers: ER17-998-002.
    Applicants: DATC Path 15, LLC.
    Description: Compliance filing: Compliance to 3000014 to be
effective 4/21/2017.
    Filed Date: 12/20/21.
    Accession Number: 20211220-5161.
    Comment Date: 5 p.m. ET 1/10/22.

    Docket Numbers: ER21-1702-001.
    Applicants: ISO New England Inc., Central Maine Power Company.
    Description: Compliance filing: ISO New England Inc. submits tariff
filing per 35: Central Maine Power; ER21-17025--Supplemental Order No.
864 Compliance Filing to be effective 1/1/2020.
    Filed Date: 12/20/21.
    Accession Number: 20211220-5160.
    Comment Date: 5 p.m. ET 1/10/22.

    Docket Numbers: ER22-42-001.
    Applicants: DTE Electric Company.
    Description: Tariff Amendment: Deficiency Filing in Docket ER22-42-
000 to be effective 7/1/2021.
    Filed Date: 12/20/21.
    Accession Number: 20211220-5163.
    Comment Date: 5 p.m. ET 1/10/22.

    Docket Numbers: ER22-205-001.
    Applicants: Tri-State Generation and Transmission Association, Inc.
    Description: Tariff Amendment: Errata to Notice of Cancellation of
Rate Schedule No. 263 to be effective 12/27/2021.
    Filed Date: 12/20/21.
    Accession Number: 20211220-5125.
    Comment Date: 5 p.m. ET 1/10/22.

    Docket Numbers: ER22-683-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 3868 Southwestern Power
Admin/SpringfieldMO Utilities Int Ag to be effective 1/1/2022.
    Filed Date: 12/17/21.
    Accession Number: 20211217-5316.
    Comment Date: 5 p.m. ET 1/7/22.

    Docket Numbers: ER22-684-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: Attachment AE Revisions to
Add Hybrid Storage Market Resource Provisions to be effective 2/19/
2022.
    Filed Date: 12/20/21.
    Accession Number: 20211220-5021.
    Comment Date: 5 p.m. ET 1/10/22.

    Docket Numbers: ER22-685-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original NSA, SA No. 6265;
Queue No. M04 to be effective 11/19/2021.
    Filed Date: 12/20/21.
    Accession Number: 20211220-5180.
    Comment Date: 5 p.m. ET 1/10/22.

    Docket Numbers: ER22-686-000.
    Applicants: Entergy Arkansas, LLC.
    Description: Sec.  205(d) Rate Filing: EAL MBR Tariff Compliance to
be effective 9/1/2021.
    Filed Date: 12/20/21.
    Accession Number: 20211220-5190.
    Comment Date: 5 p.m. ET 1/10/22.

    Docket Numbers: ER22-687-000.
    Applicants: Entergy Mississippi, LLC.
    Description: Sec.  205(d) Rate Filing: EML MBR Tariff Compliance to
be effective 9/1/2021.
    Filed Date: 12/20/21.
    Accession Number: 20211220-5191.
    Comment Date: 5 p.m. ET 1/10/22.

    Docket Numbers: ER22-688-000.
    Applicants: AR Searcy Project Company, LLC.
    Description: Sec.  205(d) Rate Filing: MBR Tariff Compliance to be
effective 9/1/2021.
    Filed Date: 12/20/21.
    Accession Number: 20211220-5192.
    Comment Date: 5 p.m. ET 1/10/22.

    Docket Numbers: ER22-689-000.
    Applicants: MS Sunflower Project Company, LLC.
    Description: Sec.  205(d) Rate Filing: MBR Tariff Compliance to be
effective 9/1/2021.
    Filed Date: 12/20/21.
    Accession Number: 20211220-5194.
    Comment Date: 5 p.m. ET 1/10/22.

    Docket Numbers: ER22-691-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original NSA, SA No. 6266;
Queue No. AB2-175 to be effective 11/19/2021.
    Filed Date: 12/20/21.
    Accession Number: 20211220-5201.
    Comment Date: 5 p.m. ET 1/10/22.

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

    Docket Numbers: ES22-18-000.
    Applicants: Portland General Electric Company.
    Description: Amendment to Application Under Section 204 of the
Federal Power Act for Authorization to Issue Securities of Portland
General Electric Company.
    Filed Date: 12/17/21.
    Accession Number: 20211217-5402.
    Comment Date: 5 p.m. ET 1/3/22.

    Docket Numbers: ES22-24-000.
    Applicants: Consumers Energy Company.
    Description: Application Under Section 204 of the Federal Power Act
for

Authorization to Issue Securities of Consumers Energy Company.
    Filed Date: 12/17/21.
    Accession Number: 20211217-5406.
    Comment Date: 5 p.m. ET 1/7/22.

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

    Docket Numbers: RD22-1-000.
    Applicants: North American Electric Reliability Corporation.
    Description: Petition of North American Electric Reliability
Corporation and SERC Reliability Corporation for Approval of Proposed
Regional Reliability Standard PRC-006-SERC-03 and Request for Expedited
Action.
    Filed Date: 12/14/21.
    Accession Number: 20211214-5283.
    Comment Date: 5 p.m. ET 1/19/22.

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

    Dated: December 20, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-28023 Filed 12-23-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 91 (Friday, May 10, 2019)]
[Notices]
[Page 20693]
[FR Doc No: 2019-09673]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA 2019-0356]

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: Changes in
Permissible Stage 2 Airplane Operations

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew an information
collection. The Federal Register Notice with a 60-day comment period
soliciting comments on the following collection of information was
published on March 1, 2019 for information used to issue special flight
authorizations for non-revenue transports and non-transport jet
operations of Stage 2 airplanes at U.S. airports. Only a minimal amount
of data is requested to identify the affected parties and determine
whether the purpose for the flight is one of those enumerated by law.
This collection is required under the Airport Noise and Capacity Act of
1990 and the FAA Modernization and Reform Act of 2012.

DATES: Written comments should be submitted by June 10, 2019.

ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and Budget. Comments should be
addressed to the attention of the Desk Officer, Department of
Transportation/FAA, and sent via electronic mail to
<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>, or mailed to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, Docket Library, Room 10102, 725 17th Street NW, Washington,
DC 20503.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.

FOR FURTHER INFORMATION CONTACT: Sandy Liu by email at:
<EMAIL_ADDRESS>phone:<PHONE_NUMBER>

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2120-0652.
    Title: Changes in Permissible Stage 2 Airplane Operations.
    Form Numbers: FAA Form 1050-8.
    Type of Review: Renewal of an information collection.
    Background: The Federal Register Notice with a 60-day comment
period soliciting comments on the following collection of information
was published on March 01, 2019 (84 FR 7161). This collection is
required under the Airport Noise and Capacity Act of 1990 (as amended
by Pub. L. 106-113) and the FAA Modernization and Reform Act of 2012.
This information is used by the FAA to issue special flight
authorizations for nonrevenue operations of transports and non-
transport jet Stage 2 airplanes at U.S. airports. Only minimal amount
of data is requested to identify the affected parties and determine
whether the purpose for the flight is one of the ones enumerated in the
law.
    Respondents: Approximately 30 applicants.
    Frequency: Information is collected on occasion.
    Estimated Average Burden per Response: 15 minutes.
    Estimated Total Annual Burden: 7.5 hours.

    Issued in Washington, DC, on May 7, 2019.
Sandy Liu,
Engineer, Noise Division, Office of Environment and Energy, Noise
Division, AEE-100.
[FR Doc. 2019-09673 Filed 5-9-19; 8:45 am]
BILLING CODE 4910-13-P


SF 83 SUPPORTING STATEMENT ENVIRONMENTAL PROTECTION AGENCY Emission Guidelines for Commercial and Industrial Solid Waste Incineration Units ( 40 CFR part 60, subpart DDDD)

1. Identification of the Information Collection 1( a) Title of the Information Collection Emissions Guidelines for Commercial and Industrial Solid Waste Incineration Units ( 40 CFR part 60, subpart DDDD)

1( b) Short Characterization/ Abstract The Emission Guidelines for Commercial and Industrial Solid Waste Incineration ( CISWI) Units were promulgated on December 1, 2000. This standard applies to solid waste incinerators in 40 CFR part 60, subpart DDDD. These standards fulfill the requirements of Sections 111 and 129 of the Clean Air Act ( CAA). This subpart affects the Administrator of an air quality program in a State or United States protectorate with one or more existing CISWI units that commenced construction on or before November 30, 1999.

The emissions guidelines require: a one time waste management plan; initial performance tests for ten pollutants; annual performance testing for particulate matter ( PM), hydrogen chloride ( HCl), and opacity; continuous operating parameter monitoring; annual operator training; and annual reporting. A semiannual deviation report is required if any of the emission limitations or operating limits are exceeded. The frequency of these activities was chosen by the United States Environmental Protection Agency ( EPA) as the period that will provide an adequate margin of assurance that affected facilities will not operate for extended periods in violation of the standards.

This supporting statement addresses information collection activities imposed by the Emission Guidelines for Commercial and Industrial Solid Waste Incineration ( CISWI) Units, subpart DDDD. The guidelines do not apply directly to CISWI unit owners and operators. The guidelines can be thought of as " model regulations" that States use in developing State plans to implement the emission guidelines. If a State does not develop, adopt, and submit an approved State plan, the EPA must develop a Federal plan to implement the emission guidelines. In the event that a State's plan is not approved, then a Federal plan must be developed.

The information will be used by designated Administrator's enforcement personnel to ensure that the requirements of the State ( or Federal) plans are implemented and are complied with on a continuous basis. Specifically, the information will be used by the designated 2 Administrator to: 1) identify existing sources subject to the standards; 2) ensure those existing sources have a control plan to achieve compliance by the final compliance date; 3) ensure that subpart DDDD is being properly applied; 4) ensure that the emission standards are being complied with; and 5) ensure, on a continuous basis, that the operating parameters established during the initial stack test are not exceeded.

In addition, records and reports are necessary to enable the Designated Administrator to identify CISWI units that are not in compliance with the standards. Based on reported information, the designated Administrator can decide which CISWI units should be inspected and what records or processes should be inspected at the CISWI unit. The records that CISWI units maintain would indicate to the designated Administrator whether personnel are operating and maintaining the control equipment properly and whether they have met the qualification requirements. In more than 95 percent of the cases, the enforcement of emission guidelines has been delegated to the State air pollution control agencies. In such cases, the reports required by the standards will be submitted to the appropriate State agency, and not directly to the EPA. Thus, there is a minimal possibility for the duplication of information to State agencies and EPA. In those few cases where State agencies have not developed a State plan or requested delegation of the federal plan, Federal enforcement still requires information from the CISWI facility. The plant owner or operator may submit a copy of State or local reports to the Administrator in lieu of the report required by the standards, as specified in the General Provisions of 40 CFR part 60.

With the exception of requiring records to be maintained for more than three years, none of the guidelines in 5 CFR Part 1320, Section 1320.5 are being exceeded. This rule requires all records to be maintained at the source for a period of five years. These records must be kept on file for use, if needed by the regulating authority to ensure that the plant personnel are operating and maintaining control equipment properly. Under Section 129 of the Act, CISWI facilities are subject to similar MACT based regulations, therefore this five year record retention requirement was adopted for CISWI facilities.

There is an annual average of 97 respondents that will be subject to the standard. In the active ICR, it was assumed that most of the burdens of the rule in conformity with the initial requirements will not occur until years four or five of implementation of this rule. Therefore, most of the respondent burden for those requirements is included in this ICR. The average annual labor cost of this ICR will be $ 5,922,476.

The Office of Management and Budget ( OMB) approved the current Information Collection Request ( ICR) without any " Terms of Clearance."

2. Need for and Use of the Collection 2( a) Need/ Authority for the Collection The EPA is charged under Section 111( d)( 1) of the Clean Air Act ( CAA), as amended, to: 3 . . . prescribe regulations which shall establish a procedure similar to that provided by section 110 under which each State shall submit to the Administrator a plan which ( A) establishes standards of performance for any existing source for any air pollutant ( i) for which air quality criteria have not been issued or which is not included on a list published under section 108( a) . . . but ( ii) to which a standard of performance under this section would apply if such existing source were a new source, and ( B) provides for the implementation and enforcement of such standards of performance.

The EPA is required under Section 129 of the Act, to establish guidelines for existing stationary sources that reflect the maximum achievable control technology ( MACT) for achieving continuous emission reductions:

Section 129( a)( 1)( A) states:

The Administrator shall establish performance standards and other requirements pursuant to section 111 and this section for each category of solid waste incineration units. Such standards shall include emissions limitations and other requirements applicable to new units and guidelines ( under section 111( d) and this section) and other requirements applicable to existing units.

Section 129( a)( 2) states:

Standards applicable to solid waste incineration units promulgated under section 111 and this section shall reflect the maximum degree of reduction in emissions of air pollutants listed under section ( a)( 4) that the Administrator, taking into consideration the cost of achieving such emission reduction, and any non air quality health and environmental impacts and energy requirements, determines is achievable for new or existing units in each category.

Section 129( b)( 1) states:

Performance standards under this section and section 111 for solid waste incineration units shall include guidelines promulgated pursuant to section 111( d) and this section applicable to existing units. Such guidelines shall include, as provided in this section, each of the elements required by subsection ( a) ( emissions limitations, notwithstanding any restriction in section 111( d) regarding issuance of such limitations), subsection ( c) ( monitoring), subsection ( d) ( operator training), subsection ( e) ( permits), and subsection ( h)( 4) ( residual risk). 4 Subpart B of 40 CFR part 60 requires State plans to include monitoring, recordkeeping, and reporting provisions consistent with the emission guidelines. In addition, Section 114( a)( 1) states that:

the Administrator may require any person who owns or operates any emission source, who manufactures emission control equipment or process equipment, who the Administrator believes may have information necessary for the purposes set forth in this subsection, or who is subject to any requirement of this Act ( other than a manufacturer subject to the provisions of section 206( c) or 208 with respect to a provision of title II) on a one time, periodic or continuous basis to

( A) establish and maintain such records; ( B) make such reports; ( C) install, use, and maintain such monitoring equipment, and use such audit procedures, or methods; ( D) sample such emissions ( in accordance with such procedures or methods, at such locations, at such intervals, during such periods and in such manner as the Administer shall prescribe); ( E) keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical; ( F) submit compliance certifications in accordance with section 114( a)( 3); and ( G) provide such other information, as the Administrator may reasonably require; . . . .

Certain reports are necessary to enable a Designated Administrator to identify existing sources subject to the State plan that implements the emission guidelines and to determine if the standards are being achieved. Therefore, the emission guidelines were promulgated for this source category at 40 CFR part 60, subpart DDDD.

2( b) Practical Utility/ Users of the Data The information will be used by Designated Administrators' enforcement personnel to ensure that the requirements of the State ( or Federal) plan are being implemented and are complied with on a continuous basis. Specifically, the information will be used by the 5 Designated Administrator to: ( 1) identify existing sources subject to the standards; ( 2) ensure that those existing sources have a control plan to achieve compliance by the final compliance date; ( 3) ensure that subpart DDDD is being properly applied; ( 4) ensure that the emission standards are being complied with; ( 5) ensure, on a continuous basis, that the operating parameters established during the initial performance test are not exceeded.

In addition, records and reports are necessary to enable the Designated Administrator to identify CISWI units that may not be in compliance with the standards. Based on reported information, the Designated Administrator can decide which CISWI units should be inspected and what records or processes should be inspected at the CISWI unit. The records that CISWI units maintain would indicate to the Designated Administrator whether the personnel are operating and maintaining control equipment properly and whether they have met the qualification requirements.

3. Nonduplication, Consultations, and Other Collection Criteria The requested recordkeeping and reporting are required under ( 40 CFR part 60, subpart DDDD).

3( a) Nonduplication If the subject standards have not been delegated, the information is sent directly to the appropriate EPA regional office. Otherwise, the information is sent directly to the delegated State or local agency. If a State or local agency has adopted their own similar standards to implement the Federal standards, a copy of the report submitted to the State or a local agency can be sent to the Administrator in lieu of the report requirement by the Federal standards. Therefore, no duplication exists.

3( b) Public Notice Required Prior to ICR Submission to OMB An announcement of a public comment period for the renewal of this ICR was published in the Federal Register on May 19, 2003. No comments were received on the burden published in the Federal Register.

3( c) Consultations For this information collection, we used several different resources to obtain the most recent data available for commercial and industrial solid waste incineration sources. We referenced the most recent ICR and the preparer of the active ICR. We also accessed the most recent data ( September 30, 2003) available on the Air Facility System ( AFS) database as 6 maintained by the Office of Compliance. We also accessed the United States Census Bureau via the Internet, and other web sites covering commercial and industrial sold waste incineration. We consulted with EPA's Office of Air Quality Planning and Standards, Information Transfer and Program Integration Division. In addition, we contacted trade associations and industry sources, as follows: 1) Integrated Waste Service Association, Ms. Maria Zanes, ( 202) 467 6240; Council of Industry Boilers and Owners, Robert Bessette, ( 703) 250 9042; Atlantic Wood Incorporated, Robert Benton, ( 912) 964 1234; and Imperial Fabrication Company Incorporated, Jeff Bledsoe, ( 615) 325 9224.

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

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

These standards require affected facilities to maintain all records, including reports and notifications for at least five years. This is consistent with the General Provisions as applied to the standards. EPA believes that the five year records retention requirement is consistent with the Part 70 permit program and the five year statute of limitations on which the permit program is based. Also, the retention of records for five years would allow EPA to establish the compliance history of a source and any pattern of compliance for purposes of determining the appropriate level of enforcement action. Historically, EPA has found that the most flagrant violators frequently have violations extending beyond the five years. EPA would be prevented from pursuing the worst violators due to the destruction or nonexistence of records if records were retained for less than five years.

3( f) Confidentiality Any information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to the Agency policies set forth in Title 40, chapter 1, part 2, subpart B  Confidentiality of Business Information ( see 40 CFR 2; 41 FR 36902,

September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43 FR 42251, 7 September 20, 1978; 44 FR 17674, March 23, 1979).

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

4. The Respondents and the Information Requested 4( a) Respondents/ SIC and NAICS Codes The respondents to the recordkeeping and reporting requirements are commercial and industrial solid waste incineration ( CISWI) units. The United States Standard Industrial Classification ( SIC) codes which corresponds to the North American Industry Classification System ( NAICS) codes could be found in the following table.

Standard SIC Codes NAICS Codes Emission Guidelines for Commercial and Industrial Solid Waste Incineration Units ( 40 CFR, part 60, subpart DDDD)

Manufacturers of chemicals and allied products 28 325 Manufacturers of electronic equipment 34 325 Manufacturers of wholesale trade, durable goods 36 421 Manufacturers of lumber and wood furniture 24 321 Manufacturers of wholesale trade, durable goods 25 337 Law enforcement agencies 9229 922 Department of Defense ( labs, military bases, munition facilities) 9711 928 Research centers 8221 6113 8 4( b) Information Requested None of these reporting or recordkeeping requirements violate any of the regulations established by OMB at 5 CFR Part 1320, Section 1320.5.

( i) Data Items All data in this ICR that is recorded and/ or reported is required by the Emission Guidelines for Commercial and Industrial Solid Waste Incineration ( CISWI) Units ( 40 CFR part 60, subpart DDDD).

A source must make the following reports:

Notification Reports Standard Citation by Section Notification of final control plan 60.2600( a)

Notification of final compliance 60.2605 Submit waste management plan 60.2755 Notification of initial performance test 60.2760 Notification of closure 60.2615 Annual report 60.2765 and 60.2770 Emission limitation or operating limit deviation report 60.2775, and 60.2780 Qualified operator deviation notification 60.2785 Notification of resumed operation 60.2785( b)

Notification until increment is met 60.2595 A source must keep the following records: 9 Recordkeeping Records of initial performance tests, annual performance tests, and any subsequent performance tests. 60.2740( f)

Maintain records of days for which data on operating parameters have been obtained. Includes a list of operating parameters not measured, reason for not measuring, and a description of corrective actions taken. 60.2740( c)

Maintain records of occurrence and duration of any malfunction and the corrective action taken. 60.2740( d)

Maintain records of days when deviation from operating limits has occurred, and description of corrective actions taken. 60.2740( e)

Maintain records of names of persons who have completed review of site specific information and incinerator operating procedures. 60.2740( g) and 60.2660( c)

Maintain records of names of persons who have completed the operator training requirements. 60.2740( h)

Maintain records of phone and/ or pager numbers of persons who have met the operator qualification criteria. 60.2740( i)

Maintain records of calibration of monitoring devices. 60.2740( j)

Maintain records of equipment vendor specifications for the incinerator, emission controls, and monitoring equipment. 60.2740( k)

Maintain records of daily log of quantity and types of waste burned. 60.2740( m)

Maintain records of site specific information and incinerator operation procedures. 60.2660( c)

Maintain records of operating parameters. 60.2740( b)

Maintain calendar date of each record. 60.2740( a)

Records should be retained for five years. 60.2740 Electronic Reporting Presently, sources are using monitoring equipment that provides parameter data in an automated way ( e. g., leaks and spills of mercury). Personnel at the source will still need to evaluate the data. This type of monitoring equipment has significantly reduced the burden associated with monitoring and recordkeeping. In addition, some Regulatory Agencies are setting up electronic reporting systems to allow sources to report electronically which reduces the reporting burden. However, electronic reporting systems are still not widely used by the 10 regulatory agencies. It is estimated that approximately 10% of the respondents use electronic reporting.

( ii) Respondent Activities Respondent Activities Read instructions.

Install, calibrate, maintain, and operate control devices for, PM, HCl, and opacity.

Perform initial performance test, Reference Method 1, 9, 23, 3A or 3B test, and repeat performance tests if necessary.

Write the notifications and reports listed above.

Enter information required to be recorded above.

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

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

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

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

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

Transmit, or otherwise disclose the information.

5. The Information Collected: Agency Activities, Collection Methodology, and Information Management 5( a) Agency Activities EPA conducts the following activities in connection with the acquisition, analysis, storage, and distribution of the required information.

Agency Activities Observe initial performance tests and repeat performance tests if necessary. 11 Agency Activities Review notifications and reports, including performance test reports, and excess emissions reports, required to be submitted by industry.

Audit facility records.

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

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

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

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

5( c) Small Entity Flexibility A majority of the affected facilities are large entities ( e. g., large businesses). However, the impact on small entities ( i. e., small businesses) was taken into consideration during the development of the regulation. Due to technical considerations involving the process operations and the types of control equipment employed, the recordkeeping and reporting requirements are the same for both small and large entities. The Agency considers these requirements the minimum needed to ensure compliance and, therefore, cannot reduce them further for small entities. To the extent that larger businesses can use economies of scale to reduce their burden, the overall burden will be reduced.

The rules contain several provisions that reduce the impact of the rule on all regulated entities, which include small entities. These are: annual performance testing is only required for three pollutants rather than the full ten pollutants included in the initial performance tests; operating parameter monitoring is required instead of continuous emissions monitoring systems 12 ( CEMS); the owner or operator is allowed to skip two annual performance tests for a pollutant if all performance tests over the previous three years show compliance; and deviation reports are only required if there is a deviation, otherwise reporting is annual.

5( d) Collection Schedule The specific frequency for each information collection activity within this request is shown in Table 1: Annual Industry Burden for Emissions Guidelines for Commercial and Industrial Solid Waste Incineration Units ( 40 CFR part 60, subpart DDDD).

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

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

6( a) Estimating Respondent Burden The average annual burden to industry over the next three years from these recordkeeping and reporting requirements is estimated to be 72,423 ( Total Labor Hours from Table 1). These hours are based on Agency studies and background documents from the development of the regulation, Agency knowledge and experience with the Emissions Guidelines program, the previously approved ICR, and any comments received.

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

Managerial $ 93.09 ($ 44.33 + 110%) Technical $ 64.13 ($ 30.54 + 110%) Clerical $ 39.65 ($ 18.88 + 110%) 13 1 The capital/ startup costs and O& M could be found in Table 1 under column " Non labor costs per occurrence per respondent" and " Total non labor costs per year". Section 3B( 1e) and ( 2d).

2 See Section 6( d) for calculation.

3 We have assumed that the annual O$ M cost are $ 211 per year. ( ii) Estimating Capital/ Startup and Operation and Maintenance Costs The types of industry cost associated with the information collection activities in the subject standard are both labor costs which are addressed elsewhere in this ICR and the cost associated with continuous monitoring. The capital/ startup costs are one time cost when a facility becomes subject to the regulation. The annual operation and maintenance costs are the ongoing costs to maintain the monitors and other costs such as photocopying and postage.

( iii) Capital/ Startup vs. Operation and Maintenance ( O& M) Costs Capital/ Startup vs. Operation and Maintenance ( O& M) Costs ( A) Capital/ Startup Cost for One Respondent1 ( B) Number of Initial Respondents 2 ( C) Total Capital/ Startu p Cost, ( AxB) ( D) Annual O& M Costs for One Respondent 3 ( E) Number of Respondents with O& M 2 ( F) Total O& M, ( ExF) ( G) Total ( C+ F)

$ 2,240 39 $ 87,360 $ 211 58 $ 12,238 $ 99,598 The total capital/ startup costs for this ICR are $ 87,360. This is the total of column C in the above table. These costs are shown on the OMB 83 I form in block 14( a), Total annualized capital/ startup costs.

The total operation and maintenance ( O& M) costs for this ICR are $ 12,238. This is the total of column F. These costs are shown on the OMB 83 I form in block 14( b), Total annual costs ( O& M).

The total respondent costs in block 14 have been calculated as the addition of the capital/ startup costs, and the annual operation and maintenance costs. The average annual cost for capital/ startup and operation and maintenance cost to industry over the next three years of the ICR is estimated to be $ 99,000 ( rounded). This cost is shown on the OMB 83 I form in block 14( c), Total annualized cost requested. The numbers in block 14 of the OMB 83 I form are rounded to show the cost in thousands of dollars.

6( c) Estimating Agency Burden and Cost The only costs to the Agency are those costs associated with analysis of the reported 14 information. EPA's overall compliance and enforcement program includes activities such as the examination of records maintained by the respondents, periodic inspection of sources of emissions, and the publication and distribution of collected information.

The average annual Agency cost during the three years of the ICR is estimated to be $ 185,083 ( rounded). This cost is based on the average hourly labor rate at a GS 12, Step 1, times 1.6 benefits multiplication factor to account for government overhead expenses. The rates are as follows:

Managerial $ 53.22 ( GS 13, Step 5, $ 33.26 x 1.6) Technical $ 39.49 ( GS 12, Step 1, $ 24.68 x 1.6) Clerical $ 21.38 ( GS 6, Step 3, $ 13.36 x 1.6)

These rates are from the Office of Personnel Management ( OPM) " 2003 General Schedule" which excludes locality rates of pay. Details upon which this estimate is based appear in Table 2: Average Annual EPA Burden  Emissions Guidelines for Commercial and Industrial Solid Waste Incineration Units ( 40 CFR part 60, subpart DDDD).

6( d) Estimating the Respondent Universe and Total Burden and Costs Based on our research for this ICR, there is an average of 97 respondents currently subject to the standard. However, based on assumptions of incinerator equipment life and the frequency of CISWI replacement, it is assumed that six existing units will be replaced with six new units each year.

Number of Respondents Respondents That Submit Reports Respondents That Do Not Submit Any Reports Year ( A) Number of Initial Respondents ( B) Number of Existing Respondents ( C) Number of Existing Respondents That Keep Records but do not submit reports ( D) Number of Existing Respondents with Initial requirements ( E) Number of Respondents ( E= A+ B+ C D)

1 58 0 0 0 58 2 58 58 0 0 116 3 0 116 0 0 116 Average 39 58 0 0 97 To avoid double counting respondents column D is subtracted. As shown above, the average Number of Respondents over the three year period of this ICR is 97. This number appears on the OMB 83 I form in block 13( a), Number of respondents. 15 1 Each existing respondent submits an annual report, 10% submit an operator status notification of resumed operation, 10 % submit a corrective action summary report, and 10% submit a semiannual exceedance report. Total number of reports per respondent is 1.4 per year. The total number of annual responses per year is calculated using the following table:

Total Annual Responses ( A) Number of Initial Respondents ( B) Number of Reports for Initial Respondents ( C) Number of Existing Respondents ( D) Number of Reports for Existing Respondents ( F) Number of Existing Respondents that keep records but do not submit reports ( E) Total Annual Responses E=( AxB)+( CxD)

39 5 58 1.41 0 276.2 The number of Total Annual Responses is 276 ( rounded). This number is shown on the OMB 83 I form in block 13( b), Total annual responses.

The Total Hours Requested is shown on the OMB 83 I form in block 13( c). The total annual labor costs are $ 5,922,476. The annual labor costs are not shown on the OMB 83 I form. Details regarding these estimates may be found in Table 1. Annual Respondent Burden and Cost, Emission Guidelines for Commercial and Industrial Solid Waste Incineration Units ( 40 CFR part 60, subpart DDDD).

Note that the total annual capital and O& M costs to the regulated entity are $ 99,000. This number is shown on the OMB 83 I form in block 14( c), Total annualized cost requested. These costs are detailed in Section 6( b)( iii), Capital/ Startup vs. Operation and Maintenance ( O& M) Costs.

6( e) Bottom Line Burden Hours Burden Hours and Cost Tables The bottom line burden hours and cost tables for both the Agency and the respondents are attached. The annual public reporting and recordkeeping burden for this collection of information is estimated to average 262 ( rounded) hours per response.

6( f) Reasons for Change in Burden The increase in burdens from the most recently approved ICR is due to an adjustment. In the active ICR, it was assumed that most of the burdens of the rule in conformity with the initial requirements will not occur until years four or five of implementation of this rule. Therefore, most of the respondent burden for those requirements is included in this renewal package. This ICR includes burdens associated with existing sources which complies with initial requirements.

There was no capital cost or operational and maintenance costs associated with the emissions guidelines in the active ICR, therefore, the respondent burden for the active ICR is 16 minimal, as compared to the renewal ICR.

6( g) Burden Statement The annual public reporting and recordkeeping burden for this collection of information is estimated to average 262 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB control number. The OMB control numbers for EPA's regulations are listed at 40 CFR part 9 and 48 CFR chapter 15.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number OECA 2003 0028, which is available for public viewing at the Enforcement and Compliance Docket and Information Center in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Avenue, N. W., Washington, D. C. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566 1744, and the telephone number for the Enforcement and Compliance Docket and Information Center is ( 202) 566 1514. An electronic version of the public docket is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. When in the system, select " search," then key in the Docket ID Number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, N. W., Washington, D. C. 20503, Attention: Desk Office for EPA. Please include the EPA Docket ID Number OECA 2003 0028 and OMB Control Number 2060 0451 in any correspondence.

Part B of the Supporting Statement This part is not applicable because no statistical methods were used in collecting this information.

Table 1: Annual Industry Burden  Emission Guidelines for Commercial and Industrial Solid Waste Incineration Units ( 40 CFR part 60, subpart DDDD) 17 Burden Item ( A) Respondent Hours per Occurrence ( Technical hours) ( B) Number of Occurrences Per Respondent Per Year ( C) Hours Per Respondent Per Year ( C= A x B) ( D) Number of Respondents Per Year ( E) Technical Hours Per Year @$ 64.13 ( CXD) b ( F) Management Hours Per Year @$ 93.09 ( E x 0.05) b ( G) Clerical Hours Per Year @$ 39.65 ( E x 0.1) b ( H) Total Labor Costs Per Year b ( I) Emission Testing Contractor Hours Per Occurrence per Respondent ( J) Emission Testing Contractor Hours Per Year ( DxI) ( K)

Non Labor Costs Per Occurrence per Respondent Total Contractor/

Non Labor Costs Per Year ( DxK) +

( Jx$ 100) k 1. APPLICATIONS N/ A 2. SURVEY AND STUDIES N/ A 3. REPORTING REQUIREMENTS New Sources A. Read Instructions c& d 16 1 16 0 0 0 0 $ 0 0 0 $ 0 $ 0 B. Required Activities 1) Initial requirements a, c a) Initial stack test ( PM, dioxins/

furans, opacity, HCl, Pb, Hg, SO2)

b) Establish and teach operator qualification course c) Obtain operator qualification d) Establish operating parameters ( maximum and minimum)

e) Continuous parameter monitoring ( including by pass stack) initial costs 16 64 72 160 9 e 1 1 1 1 1 16 64 72 160 9 39 a 39 a 39 a 39 a 39 a 624 2,496 2,808 6,240 351 31.2 124.8 140.4 312 17.55 62.4 249.6 280.8 624 35.1 $ 45,395.69 $ 181,582.75 $ 204,280.60 $ 453,956.88 $ 25,535.08 700 0 0 Included in 3B ( a)

0 27,300 0 0 0 0 $ 0 $ 0 $ 0 $ 0 $ 2,240 f $ 2,730,000 $ 0 $ 0 $ 0 $ 87,360 2) Periodic requirements a) Annual stack test and test report ( PM,

HCl, and Opacity)

b) Annual refresher operator training course c) Annual review of site specific information d) Continuous parameter monitoring ( including by pass stack) annual costs 12 12 8 83 1 1 1 1 12 12 8 83 58 g 58 g 58 g 58 g 696 696 464 4,814 34.8 34.8 23.2 240.7 69.6 69.6 46.4 481.4 $ 50,633.65 $ 50,633.65 $ 33,755.77 $ 350,216.09 125 0 0 0 7,250 0 0 0 $ 0 $ 0 $ 0 $ 211 h $ 725,000 $ 0 $ 0 $ 12,238 C. Create Information Included in 3B D. Gather Information Included in 3E E. Report Preparation 1) Control plan 2) Notification of final compliance 3) Report of initial performance test 40 4 8 1 1 1 40 4 8 39 39 39 1,560 156 312 78 7.8 15.6 156 15.6 31.2 $ 113,489.22 $ 11,348.92 $ 22,697.84 0 0 50 0 0 1,950 $ 0 $ 0 $ 0 $ 0 $ 0 $ 195,000 4) Siting analysis for new units only ( established values for site specific operating parameters 5) Waste management plan 8 160 1 1 8 160 39 39 312 6,240 15.6 312 31.2 624 $ 22,697.84 $ 453,956.88 0 0 0 0 $ 0 $ 0 $ 0 $ 0 6) Annual Report: g a) Site specific operating parameters ( parameters were established 8 1 8 58 464 23.2 46.4 $ 33,755.77 0 0 $ 0 $ 0 during the initial stack test, highest 18 Burden Item ( A) Respondent Hours per Occurrence ( Technical hours) ( B) Number of Occurrences Per Respondent Per Year ( C) Hours Per Respondent Per Year ( C= A x B) ( D) Number of Respondents Per Year ( E) Technical Hours Per Year @$ 64.13 ( CXD) b ( F) Management Hours Per Year @$ 93.09 ( E x 0.05) b ( G) Clerical Hours Per Year @$ 39.65 ( E x 0.1) b ( H) Total Labor Costs Per Year b ( I) Emission Testing Contractor Hours Per Occurrence per Respondent ( J) Emission Testing Contractor Hours Per Year ( DxI) ( K)

Non Labor Costs Per Occurrence per Respondent Total Contractor/

Non Labor Costs Per Year ( DxK) +

( Jx$ 100) k maximum and lowest minimum)

b) Emissions/ parameter exceedances and malfunctions Included in 3E 10 c) Results of stack tests conducted during the year Included in 3B d) Statement of no exceedances 8 1 8 58 464 23.2 46.4 $ 33,755.77 0 0 $ 0 $ 0 e) Documentation of use of by pass stack Included in 6B f) Documentation for periods when all qualified operators were unavailable 8 1 8 58 464 23.2 46.4 $ 33,755.77 0 0 $ 0 $ 0 for more than 8 hours 7) Status report for operators that are off

site for more than 2 weeks i 8 1 8 6 48 2.4 4.8 $ 3,491.98 0 0 $ 0 $ 0 8) Corrective action summary for operators that are off site for more than 2 weeks i 8 2 16 6 96 4.8 9.6 $ 6,983.95 0 0 $ 0 $ 0 9) Qualified operator deviation notification of resumed operation 8 1 8 6 48 2.4 4.8 $ 3,491.98 0 0 $ 0 $ 0 10) Semiannual report of emissions/ parameter exceedances j 24 1 24 6 144 7.2 14.4 $ 10,475.93 0 0 $ 0 $ 0 4. Recordkeeping Requirements A. Read Instructions Included in 3A B. Plan Activities Included in 3B C. Implement Activities Included in 3B D. Develop Record System N/ A E. Record Information 1) Records of operating parameters Included in 3B 0 $ 0 2) Records of periods for which minimum amount of data on operating parameters were not obtained 0.5 52 26 6 156 7.8 15.6 $ 11,348.92 0 0 $ 0 $ 0 3) Records of malfunction of the unit 1.5 1 1.5 6 9 0.45 .9 $ 654.76 0 0 $ 0 $ 0 4) Records of exceedances of the operating parameters 1.5 1 1.5 6 9 0.45 .9 $ 654.76 0 0 $ 0 $ 0 5) Records of stack tests Included in 3E 6) Records of persons who have reviewed operating procedures 1 1 1 58 58 2.9 5.8 $ 4,219.47 0 0 $ 0 $ 0 7) Records of persons who have completed operator training 1 1 1 58 58 2.9 5.8 $ 4,219.47 0 0 $ 0 $ 0 8) Records of persons who meet operator qualification criteria 1 1 1 58 58 2.9 5.8 $ 4,219.47 0 0 $ 0 $ 0 9) Records of monitoring device calibration Included in 3B 10) Records of site specific documentation 24 1 24 58 1,392 69.6 139.2 $ 101,267.30 0 0 $ 0 $ 0 F. Personnel Training Included in 3B 19 Burden Item ( A) Respondent Hours per Occurrence ( Technical hours) ( B) Number of Occurrences Per Respondent Per Year ( C) Hours Per Respondent Per Year ( C= A x B) ( D) Number of Respondents Per Year ( E) Technical Hours Per Year @$ 64.13 ( CXD) b ( F) Management Hours Per Year @$ 93.09 ( E x 0.05) b ( G) Clerical Hours Per Year @$ 39.65 ( E x 0.1) b ( H) Total Labor Costs Per Year b ( I) Emission Testing Contractor Hours Per Occurrence per Respondent ( J) Emission Testing Contractor Hours Per Year ( DxI) ( K)

Non Labor Costs Per Occurrence per Respondent Total Contractor/

Non Labor Costs Per Year ( DxK) +

( Jx$ 100) k G. Time for Audits N/ A TOTAL: 31,237 1,562 3,124 $ 2,272,475.70 36,500 $ 3,749,598 Labor Hours Contractor Labor Hours Total Hours Labor Cost Contractor/

Non Labor Cost Total Cost Summary of Respondent Burden Annual Capital/ Startup Costs O & M Summary 35,923 36,500 72,423 $ 2,272,476 $ 3,650,000 $ 87,360 $ 12,238 $ 5,922,476 $ 87,360 $ 12,238 ASSUMPTIONS:

a. Based on a total of 122 units and a 20 year lifetime of the equipment ( 122 units/ 20 years = 6.1 which was rounded to 6 units), we assume there is one unit per facility, this also equates to 6 facilities that will become new sources not subject to this standard. Hence, the average number of respondents per year over the three year period of the renewal is 97. We have assumed that 50% of existing sources ( number of sources over three years is116) will submit initial requirements in year one and year two for and average of 39 initial respondents per year. By the third year of this ICR renewal all sources ( 116) would have complied with the initial requirements.

b. Assume that all tasks are to be performed by managerial, technical and clerical personnel. This ICR uses the following labor rates: $ 89.94 for Managerial labor, $ 61.66 for Technical labor and $ 38.39 for Clerical labor. These rates are from the United States Department of Labor Bureau of Labor Statistics, September 2002, " Table 10. Private industry, by occupational and industry group." The rates have been increased by 110% to account for the benefit packages available to those employed by private industry. We also included contractors at $ 100. The labor rate was also taken from the above occupational and industry group under Blue Collar occupation, that covers Machine operators, and took the rates from column 1, " Total compensation."

c. This activity is based on a one time cost only.

d. Cost incurred by a facility regardless of the number of affected units at the plant.

e. Based on the " Revised Testing and Monitoring Options and Costs for medical Waste Incinerators ( MWIs)  Methodology and Assumptions ( A 91 61, IV B 66), was assumed that ($ 300 will be for planning + $ 500 for selection)/$ 89.94 per hour = 9 hours.

f. Total capital cost of parameter monitoring for wet scrubbers minus costs for planning and selecting equipment equals: $ 18,786  $ 800 = $ 17,986. Based on 0.11746 capital recovery factor, 10% interest rate and 20 year lifetime of the units = $ 2,113 with a 1.06 cost adjustment = $ 2,240.

g. Of 116 respondents, zero have periodic or annual reports the first year, 58 will report the second year and 116 report the third year for an average of 58 respondents per year. Each respondent makes one combined annual report per year.

h. Based on memorandum titled " Revised Testing and Monitoring Options and Costs for Medical Waste Incinerators ( MWI's)  Methodology and Assumptions [ A 91 61, IV B 66]. 83 hours for reporting. Operation and maintenance costs  $ 1,693 * 0.11746 = $ 199. $ 199 * 1.06 cost adjustment= $ 211.

i. Assumed that 10 percent of the facilities would not have a qualified operator available for more than two weeks at least once a year. Assumed that this required only two corrective action summaries.

j. Assumed that 10 percent of the facilities would have an exceedance during the year.

k. Average cost for contractor is assumed to be $ 100. per hours. 20 TABLE 2: AVERAGE Annual EPA Burden  Emission Guidelines for Commercial and Industrial Solid Waste Incineration Units ( 40 CFR part 60, subpart DDDD) BURDEN ITEMS ( A) Hours Per Occurrences ( B) Number of Occurrence Per Year a ( C) Tech Hours Per Year @ $ 39.49 ( C= AxB) b ( D) Management Hours Per Year @ $ 53.22 ( D= Cx0.05) b ( E) Clerical Hours Per Year @ $ 21.38 ( E= Cx0.1) b ( F) Cost Per Year 1. Applications N/ A 2. Read and Understand Rule Requirements b 16 0 0 0 0 $ 0 3. Required Activities A. Observe initial stack tests c ( PM, dioxins/ furans, opacity, HCl, Cd, Pb, Hg, CO, NOx, and SO2) 48 4 192 9.6 19.2 $ 8,503.49 B. Create Information N/ A C. Gather Information N/ A D. Report Reviews 1) Review control plan 8 39 312 15.6 31.2 $ 13,818.17 2) Review notification of final compliance 8 39 312 15.6 31.2 $ 13,818.17 3) Review waste management plan 8 39 312 15.6 31.2 $ 13,818.17 4) Review initial stack test report 40 39 1,560 78 156 $ 69,090.84 5) Review annual compliance report 8 39 312 15.6 31.2 $ 13,818.17 6) Review semi annual excess emission and parameter exceedance report 16 39 624 31.2 62.4 $ 27,636.33 7) Review status reports and corrective action summary for operators off site 4 39 156 7.8 15.6 $ 6,909.09 E. Prepare annual summary report d 4 50 200 10 20 $ 8,857.80 4 Travel expenses: ( 10 person x 30 hours per year/ 8 hours per day x $ 75 per diem) + ( 10 x $ 600 per round trip) e $ 8,812.50 TOTAL 3,980 f 199 f 398 f $ 185,083 ( rounded) g Assumptions:

a. Based on a total of 122 units and a 20 year lifetime. 110 units/ 20 years = 6 .1 which was rounded to 6 units. There is one unit per facility, this also equates to 6 facilities.

b. Costs are based on the following rates obtained from the Office of Personnel Management ( OPM) " 2003 General Schedule" which excludes locality rates of pay:

1) Managerial at $ 33.26, 2) Technical at $ 24.68, and 3) Clerical at $ 13.36 per hour. These rates are increased by 1.6 benefits multiplication factor to account for government overhead expenses.

c. Time required to observe initial stack tests ( hours per plant): 48 d. Assume that each State will prepare an annual summary of progress for implementing the state plan. One occurrence per year x 50 states = 50 occurrences.

e. We have assumed that 10% of tests will be observed.

f. Total number of EPA hours per year: 4,577 g. Total costs per year may not correspond with the end total, this is due to the number being rounded. Total cost per year: $ 185,083.