[Federal Register Volume 80, Number 162 (Friday, August 21, 2015)]
[Notices]
[Pages 50849-50851]
[FR Doc No: 2015-20725]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9932-91-Region 10]

Final National Pollutant Discharge Elimination System (NPDES)
General Permit for Stormwater Discharges from Industrial Activities
Availability for Idaho, Federal Operators in Washington, and the
Spokane Tribe

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of corrections to the 2015 Multi-Sector General Permit.

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SUMMARY: The Environmental Protection Agency (EPA) previously announced
the

issuance of the NPDES general permit for storm water discharges from
industrial activity, also referred to as the 2015 Multi-Sector General
Permit (2015 MSGP), in the June 16, 2015 Federal Register. This action
provides notice of final 2015 MSGP issuance for Idaho; federal
operators in Washington; and the Spokane Tribe.

DATES: The 2015 MSGP became effective in Idaho on August 12, 2015; for
federal operators in Washington on July 21, 2015; and for the Spokane
Tribe on August 12, 2015. These effective dates provide dischargers
with the immediate opportunity to comply with Clean Water Act
requirements in light of the expiration of the 2008 MSGP on September
29, 2013. The 2015 MSGP and the authorization to discharge will expire
everywhere at midnight on June 4, 2019. Within 90 days of the permit's
date of issuance, operators of existing facilities must submit an NOI
for coverage under the new permit. Therefore, for existing facilities
located in areas in the State of Idaho (except for Indian country) NOIs
must be submitted by no later than November 10, 2015. For existing
facilities in the State of Washington operated by or at the behest of a
Federal Operator, NOIs must be submitted by no later than October 19,
2015.
    In accordance with 40 CFR part 23, this permit shall be considered
issued for the purpose of judicial review on the date of this
publication. Under section 509(b) of the Clean Water Act, judicial
review of this general permit can be had by filing a petition for
review in the United States Court of Appeals within 120 days after the
permit is considered issued for purposes of judicial review. Under
section 509(b)(2) of the Clean Water Act, the requirements in this
permit may not be challenged later in civil or criminal proceedings to
enforce these requirements. In addition, this permit may not be
challenged in other agency proceedings. Deadlines for submittal of
notices of intent for projects located in the areas listed above are
provided as part of this action.

FOR FURTHER INFORMATION CONTACT: For further information on the MSGP,
contact the appropriate EPA Regional office listed in Section I.C, or
you can send an email to<EMAIL_ADDRESS>You may also contact Bryan
Rittenhouse, EPA Headquarters, Office of Water, Office of Wastewater
Management at<PHONE_NUMBER> or<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: This supplementary information is organized
as follows:

Table of Contents

I. General Information
    A. Does this action apply to me?
    B. How can I get copies of these documents and other related
information?
    C. Who are the EPA regional contacts for this permit?
II. Summary of Permit Actions
    A. Issuance of 2015 MSGP for Additional States and Tribes
III. Compliance with Other Statutes

I. General Information

    EPA summarized the MSGP permit conditions, as well as changes from
the previous version of the MSGP, in the Federal Register notice at 80
FR 34403, June 16, 2015.

A. Does this action apply to me?

    The final 2015 construction general permit (also referred to as
``MSGP'' or ``2015 MSGP'') applies to the following industrial
activities:
    Sector A--Timber Products.
    Sector B--Paper and Allied Products Manufacturing.
    Sector C--Chemical and Allied Products Manufacturing.
    Sector D--Asphalt Paving and Roofing Materials Manufactures and
Lubricant Manufacturers.
    Sector E--Glass, Clay, Cement, Concrete, and Gypsum Product
Manufacturing.
    Sector F--Primary Metals.
    Sector G--Metal Mining (Ore Mining and Dressing).
    Sector H--Coal Mines and Coal Mining-Related Facilities.
    Sector I--Oil and Gas Extraction.
    Sector J--Mineral Mining and Dressing.
    Sector K--Hazardous Waste Treatment Storage or Disposal.
    Sector L--Landfills and Land Application Sites.
    Sector M--Automobile Salvage Yards.
    Sector N--Scrap Recycling Facilities.
    Sector O--Steam Electric Generating Facilities.
    Sector P--Land Transportation.
    Sector Q--Water Transportation.
    Sector R--Ship and Boat Building or Repairing Yards.
    Sector S--Air Transportation Facilities.
    Sector T--Treatment Works.
    Sector U--Food and Kindred Products.
    Sector V--Textile Mills, Apparel, and other Fabric Products
Manufacturing.
    Sector W--Furniture and Fixtures.
    Sector X--Printing and Publishing.
    Sector Y--Rubber, Miscellaneous Plastic Products, and Miscellaneous
Manufacturing Industries.
    Sector Z--Leather Tanning and Finishing.
    Sector AA--Fabricated Metal Products.
    Sector AB--Transportation Equipment, Industrial or Commercial
Machinery.
    Sector AC--Electronic, Electrical, Photographic and Optical Goods.
    Sector AD--Reserved for Facilities Not Covered Under Other Sectors
and Designated by the Director.
    If you have questions regarding the applicability of this action to
a particular entity, consult one of the persons listed for technical
information in the preceding FOR FURTHER INFORMATION CONTACT section.

B. How can I get copies of these documents and other related
information?

    1. Docket. EPA has established an official public docket for this
action under Docket ID Number EPA-HQ-OW-2012-0803. The official public
docket is the collection of materials that is available for public
viewing at the Water Docket in the EPA Docket Center, (EPA/DC) EPA
West, Room 3334, 1301 Constitution Ave. NW., Washington, DC 20460.
Although all documents in the docket are listed in an index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Publicly available docket materials are available in hard
copy at the EPA Docket Center Public Reading Room, 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<PHONE_NUMBER> and the
telephone number for the Water Docket is<PHONE_NUMBER>.
    2. Electronic Access. You may access this Federal Register document
electronically through the United States government on-line source for
Federal regulations at http://www.regulations.gov.
    Electronic versions of this final permit and fact sheet are
available on EPA's NPDES Web site at http://water.epa.gov/polwaste/npdes/stormwater/EPA-Multi-Sector-General-Permit-MSGP.cfm.
    An electronic version of the public docket is available through the
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.regulations.gov to submit or view public
comments, access the index listing of the contents of the official
public docket, and to access those documents in the public docket that
are available electronically. For additional information about EPA's
public docket, visit the EPA Docket Center homepage at http://www.epa.gov/dockets. Although not all

docket materials may be available electronically, you may still access
any of the publicly available docket materials through the Docket
Facility identified in Section I.B.1.

C. Who are the EPA regional contacts for this permit?

    For EPA Region 10, contact Margaret McCauley at tel.: (206) 553-
1772 or email at<EMAIL_ADDRESS>
II. Summary of Permit Actions

A. Issuance of 2015 MSGP for Additional States and Tribes

    On June 4, 2015, EPA issued the 2015 MSGP for most of the areas
where EPA is the permitting authority. Because EPA had not yet received
Clean Water Act Section 401 certifications from certain states and
tribes, EPA was not able to issue the final MSGP in these areas. The
following states and tribe were affected:
     The State of Idaho;
     Federal operators in Washington;
     The Spokane Tribe.
    Now that EPA has received the required Clean Water Act 401
certifications, the Agency has issued the final 2015 MSGP for these
areas. Pursuant to CWA section 401(d), the limitations and requirements
contained in these certifications are now conditions of the 2015 MSGP
and are included in Part 9.10.3, <IP_ADDRESS>, and 9.10.7 of the permit.
    The complete text of the updated 2015 MSGP as well as additional
information on Webcasts, Guidance, and Other Implementation Assistance
can be obtained through EPA's Web site at http://water.epa.gov/polwaste/npdes/stormwater/EPA-Multi-Sector-General-Permit-MSGP.cfm.

III. Compliance With Other Statutes

    EPA summarized the Agency's compliance with the National
Environmental Policy Act (NEPA), Executive Orders 12866 and 13563,
Executive Order 12898, and Executive Order 13175 in the 80 FR 304403,
June 16, 2015 Federal Register notice. See 77 FR 12292-12293, February
29, 2012, for more information.

    Authority:  Clean Water Act, 33 U.S.C. 1251 et seq.

    Dated: August 12, 2015.
Daniel D. Opalski,
Director, Office of Water and Watersheds, EPA Region 10.
[FR Doc. 2015-20725 Filed 8-20-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: January 5, 2010 (Volume 75, Number 2)]
[Notices]
[Page 353]
[DOCID:fr05ja10-48]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13580-000]

FFP Qualified Hydro 20 LLC; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Competing Applications

December 29, 2009.
    On September 4, 2009, FFP Qualified Hydro 20 LLC filed an
application for a preliminary permit, pursuant to section 4(f) of the
Federal Power Act, proposing to study the feasibility of the Green
River Lock and Dam No. 1 Water Power Project, located on the Green
River, in Henderson County, Kentucky. The sole purpose of a preliminary
permit, if issued, is to grant the permit holder priority to file a
license application during the permit term. A preliminary permit does
not authorize the permit holder to perform any land disturbing
activities or otherwise enter upon lands or waters owned by others
without the owners' express permission.
    The proposed project would consist of the following:
    (1) A 125-ft by 250-ft long power canal; (2) a newly excavated 150-
ft by 300-ft tailrace; (3) a 30-ft by 60-ft control building; (4) a new
5 MVA substation; (5) a 1,900-ft long transmission line; and (6)
appurtenant facilities. The proposed Green River Lock and Dam No. 1
Hydroelectric Project would have an average annual generation of 27
gigawatt-hours.
    Applicant Contact: Ramya Swaminathan, Free Flow Power Corporation,
33 Commercial Street, Gloucester, MA 01930.
    FERC Contact: Allyson Conner,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Comments, motions to intervene, notices of intent, and competing
applications may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
(http://www.ferc.gov/docs-filing/ferconline.asp) under the ``eFiling''
link. For a simpler method of submitting text only comments, click on
``Quick Comment.'' For assistance, please contact FERC Online Support
at<EMAIL_ADDRESS>call toll-free at<PHONE_NUMBER>; or,
for TTY, contact<PHONE_NUMBER>. Although the Commission strongly
encourages electronic filing, documents may also be paper-filed. To
paper-file, mail an original and eight copies to: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-13580-000) in the docket number field to
access the document. For assistance, contact FERC Online Support.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-31328 Filed 1-4-10; 8:45 am]

BILLING CODE 6717-01-P


that measurement point. To obtain the number of days in the week,
divide the total number of hours that the system is operational by
24 hours per day.
* * * * *
    (1) Values for V, C, T, P, and, if applicable, (fH2O),
must be based on measurements taken at least once each calendar week
with at least 3 days between measurements. If measurements are taken
more frequently than once per week, then use the average value for all
measurements taken that week. If continuous measurements are taken,
then use the average values over the time period of continuous
monitoring when the continuous monitoring equipment is properly
functioning.
    (2) Quarterly total CH4 liberated from degasification
systems for the mine must be determined as the sum of CH4
liberated determined at each of the monitoring points in the mine,
summed over the number of weeks in the quarter, as follows:
* * * * *
0
58. Section 98.324 is amended by:
0
a. Revising paragraph (b)(1);
0
b. Removing and reserving paragraph (b)(2); and
0
c. Revising paragraph (h).
    The revisions read as follows:

Sec.  98.324  Monitoring and QA/QC requirements.

* * * * *
    (b) * * *
    (1) Collect quarterly or more frequent grab samples (with no fewer
than 6 weeks between measurements) for methane concentration and make
quarterly measurements of flow rate, temperature, pressure, and, if
applicable, moisture content. The sampling and measurements must be
made at the same locations as Mine Safety and Health Administration
(MSHA) inspection samples are taken, and should be taken when the mine
is operating under normal conditions. You must follow MSHA sampling
procedures as set forth in the MSHA Handbook entitled, Coal Mine Safety
and Health General Inspection Procedures Handbook Number: PH13-V-1,
February 2013 (incorporated by reference, see Sec.  98.7). You must
record the date of sampling, flow, temperature, pressure, and moisture
measurements, the methane concentration (percent), the bottle number of
samples collected, and the location of the measurement or collection.
* * * * *
    (h) The owner or operator shall document the procedures used to
ensure the accuracy of gas flow rate, gas composition, temperature,
pressure, and moisture content measurements. These procedures include,
but are not limited to, calibration of flow meters, and other
measurement devices. The estimated accuracy of measurements and the
technical basis for the estimated accuracy shall be recorded.
0
59. Section 98.326 is amended by revising paragraphs (f) through (i),
(o), (r)(2) and (r)(3), and adding paragraph (u) to read as follows:

Sec.  98.326  Data reporting requirements.

* * * * *
    (f) Quarterly volumetric flow rate for each ventilation monitoring
point and units of measure (scfm or acfm), date and location of each
measurement, and method of measurement (quarterly sampling or
continuous monitoring), used in Equation FF-1 of this subpart. Specify
whether the volumetric flow rate measurement at each ventilation
monitoring point is on dry basis or wet basis; or, if a flow meter is
used, indicate whether or not the flow meter automatically corrects for
moisture content.
    (g) Quarterly CH4 concentration for each ventilation
monitoring point, dates and locations of each measurement, and method
of measurement (sampling or continuous monitoring). Specify whether the
CH4 concentration measurement at each ventilation monitoring
point is on dry basis or wet basis.
    (h) Weekly volumetric flow rate used to calculate CH4
liberated from degasification systems and units of measure (acfm or
scfm), and method of measurement (sampling or continuous monitoring),
used in Equation FF-3 of this subpart. Specify whether the volumetric
flow rate measurement at each degasification monitoring point is on dry
basis or wet basis; or, if a flow meter is used, indicate whether or
not

the flow meter automatically corrects for moisture content.
    (i) Quarterly CH4 concentration (%) used to calculate
CH4 liberated from degasification systems, and if the data
is based on CEMS or weekly sampling. Specify whether the CH4
concentration measurement at each degasification monitoring point is on
dry basis or wet basis.
* * * * *
    (o) Temperature ([deg]R), pressure (atm), moisture content (if
applicable), and the moisture correction factor (if applicable) used in
Equations FF-1 and FF-3 of this subpart; and the gaseous organic
concentration correction factor, if Equation FF-9 of this subpart was
required. Moisture content is required to be reported only if
CH4 concentration is measured on a wet basis and volumetric
flow is measured on a dry basis, if CH4 concentration is
measured on a dry basis and volumetric flow is measured on a wet basis;
or, if a flow meter is used, the flow meter does not automatically
correct for moisture content.
* * * * *
    (r) * * *
    (2) Start date and close date of each well, shaft, and vent hole.
If the well, shaft, or vent hole is operating through the end of the
reporting year, December 31st of the reporting year shall be the close
date for purposes of reporting.
    (3) Number of days the well, shaft, or vent hole was in operation
during the reporting year. To obtain the number of days in the
reporting year, divide the total number of hours that the system was in
operation by 24 hours per day.
* * * * *
    (u) Annual coal production in short tons for the reporting year.

Subpart HH--Municipal Solid Waste Landfills

0
60. Section 98.346 is amended by revising paragraphs (f), (i)(5), and
(i)(7), and adding paragraph (i)(13) to read as follows:

Sec.  98.346  Data reporting requirements.

* * * * *
    (f) The surface area of the landfill containing waste (in square
meters), identification of the type(s) of cover material used (as
either organic cover, clay cover, sand cover, or other soil mixtures).
* * * * *
    (i) * * *
    (5) An indication of whether destruction occurs at the landfill
facility, off-site, or both. If destruction occurs at the landfill
facility, also report for each measurement location:
    (i) The number of destruction devices associated with the
measurement location.
    (ii) The annual operating hours of the gas collection system
associated with the measurement location,
    (iii) For each destruction device associated with the measurement
location, report:
    (A) The destruction efficiency (decimal).
    (B) The annual operating hours where active gas flow was sent to
the destruction device.
* * * * *
    (7) A description of the gas collection system (manufacturer,
capacity, and number of wells), the surface area (square meters) and
estimated waste depth (meters) for each area specified in Table HH-3 to
this subpart, the estimated gas collection system efficiency for
landfills with this gas collection system and an indication of whether
the gas collection efficiency was determined on an area-weighted
average basis (Option 1) or a volume-weighted average basis (Option 2),
and an indication of whether passive vents and/or passive flares (vents
or flares that are not considered part of the gas collection system as
defined in Sec.  98.6) are present at the landfill.
* * * * *
    (13) Methane emissions for the landfill (i.e., the subpart HH total
methane emissions). Choose the methane emissions from either Equation
HH-6 of this subpart or Equation HH-8 of this subpart that best
represents the emissions from the landfill. If the quantity of
recovered CH4 from Equation HH-4 of this subpart is used as
the value of GCH4 in Equation HH-6 of this subpart, use the
methane emissions calculated using Equation HH-8 of this subpart as the
methane emissions for the landfill.
0
61. Section 98.348 is amended by adding definitions for ``Active
venting,'' ``Alternative final cover,'' ``Intermediate or interim
cover,'' and ``Passive vent'' in alphabetical order to read as follows:

Sec.  98.348  Definitions.

* * * * *
    Active venting means a pipe or a system of pipes used with a fan or
similar mechanical draft equipment (forced convection) used to actively
assist the flow of landfill gas to the surface of the landfill where
the landfill gas is discharged either directly to the atmosphere or to
a non-combustion control device (such as a carbon absorber) and then to
the atmosphere.
    Alternative final cover means materials, other than soil, used at a
landfill that meets final closure regulations of the competent federal,
state, or local authority. Alternative final covers may include, but
are not limited to, evapotranspiration covers, capillary barrier
covers, asphalt covers, or concrete covers. The state, local, or other
agency responsible for permitting the landfill determines whether an
alternative final cover meets the applicable regulatory requirements
and has been shown to adequately protect human health and the
environment.
* * * * *
    Intermediate or interim cover means the placement of material over
waste in a landfill for a period of time prior to the disposal of
additional waste and/or final closure as defined by state regulation,
permit, guidance or written plan, or state accepted best management
practice.
* * * * *
    Passive vent means a pipe or a system of pipes that allows landfill
gas to flow naturally, without the use of a fan or similar mechanical
draft equipment, to the surface of the landfill where an opening or
pipe (vent) allows for the free flow of landfill gas to the atmosphere
or to a passive vent flare without diffusion through the top layer of
surface soil.
* * * * *
0
62. Table HH-3 to Subpart HH of Part 98 is amended by:
0
a. Revising the entry for ``A5'';
0
b. Removing the entry ``Area weighted average collection efficiency for
landfills''; and
0
c. Adding heading ``Weighted average collection efficiency for
landfills'' and entries for ``Option 1'' and ``Option 2'' after the
entry for ``A5''.
    The revision and additions read as follows:

      Table HH-3 to Subpart HH of Part 98--Landfill Gas Collection
                              Efficiencies
------------------------------------------------------------------------
                                             Landfill gas collection
              Description                           efficiency
------------------------------------------------------------------------

                              * * * * * * *
A5: Area with a final soil cover of 3    CE5: 95%.
 feet or thicker of clay or alternative
 final cover (as approved by the
 relevant agency) and/or geomembrane
 cover system and active gas collection.
------------------------------------------------------------------------
          Weighted average collection efficiency for landfills:
------------------------------------------------------------------------
Option 1: Area weighted average          CEave1 = (A2*CE2 + A3*CE3 +
 collection efficiency for landfills.     A4*CE4 + A5*CE5)/(A2 + A3 + A4
                                          + A5).
Option 2: Volume weighted average        CEave1 = (A2*D2*CE2 + A3*D3*CE3
 collection efficiency for landfills,     + A4*D4*CE4 + A5*D5*CE5)/
 where D2, D3, D4 and D5 are the waste    (A2*D2 + A3*D3 + A4*D4 +
 depths for areas A2, A3, A4 and A5,      A5*D5).
 respectively, as described in this
 table..
------------------------------------------------------------------------

0
63. Table HH-4 to Subpart HH of Part 98 is amended by:
0
a. Revising the entries ``C2'' through ``C7'';
0
b. Redesignating footnote ``a'' as footnote ``b''; and
0
c. Adding new footnote ``a''.
    The revisions and additions read as follows:

     Table HH-4 to Subpart HH of Part 98--Landfill Methane Oxidation
                                Fractions
------------------------------------------------------------------------
                                                       Use this landfill
               Under these conditions:                 methane oxidation
                                                           fraction:
------------------------------------------------------------------------

                              * * * * * * *
C2: For landfills that have an alternative final                     0.0
 cover (approved by the relevant agency) and/or a
 geomembrane (synthetic) cover with less than 12
 inches of cover soil for greater than 50% of the
 landfill area containing waste......................
C3: For landfills that do not meet the conditions in                0.10
 C2 above and for which you elect not to determine
 methane flux, or for landfills with passive vents/
 passive flares that service greater than 50% of the
 landfill area containing waste, or for landfills
 with only passive vents/passive flares or active
 venting.............................................
C4: For landfills that do not meet the conditions in                0.10
 C2 above and that do not have intermediate or
 interim cover a for greater than 50% of the landfill
 area containing waste...............................
C5: For landfills that have intermediate or interim                 0.35
 cover a for greater than 50% of the landfill area
 containing waste and for which the methane flux rate
 b is less than 10 grams per square meter per day (g/
 m2/d)...............................................
C6: For landfills that have intermediate or interim                 0.25
 cover a for greater than 50% of the landfill area
 containing waste and for which the methane flux rate
 b is 10 to 70 g/m2/d................................
C7: For landfills that have intermediate or interim                 0.10
 cover a for greater than 50% of the landfill area
 containing waste and for which the methane flux rate
 b is greater than 70 g/m2/d.........................
------------------------------------------------------------------------
\a\ Where a landfill is located in a state that does not have an
  intermediate or interim cover requirement, the landfill must have soil
  cover of 12 inches or greater in order to use an oxidation fraction of
  0.25 or 0.35.
\b\ Methane flux rate (in grams per square meter per day; g/m2/d) is the
  mass flow rate of methane per unit area at the bottom of the surface
  soil prior to any oxidation and is calculated as follows:

  [GRAPHIC] [TIFF OMITTED] TP15JA16.013

Where:

MF = Methane flux rate from the landfill in the reporting year
(grams per square meter per day, g/m\2\/d).
K = unit conversion factor = 10\6\/365 (g/metric ton per days/year)
or 10\6\/366 for a leap year.
SArea = The surface area of the landfill containing waste at the
beginning of the reporting year (square meters, m\2\).
GCH4 = Modeled methane generation rate in reporting year
from Equation HH-1 of this subpart or Equation TT-1 of subpart TT of
this part, as applicable, except for application with Equation HH-6
of this subpart (metric tons CH4). For application with
Equation HH-6 of this subpart, the greater of the modeled methane
generation rate in reporting year from Equation HH-1 of this subpart
or Equation TT-1 of this part, as applicable, and the quantity of
recovered CH4 from Equation HH-4 of this subpart (metric
tons CH4).
CE = Collection efficiency estimated at landfill, taking into
account system coverage, operation, and cover system materials from
Table HH-3 of this subpart. If area by soil cover type information
is not available, use default value of 0.75 (CE4 in table HH-3 of
this subpart) for all areas under active influence of the collection
system.
N = Number of landfill gas measurement locations (associated with a
destruction device or gas sent off-site). If a single monitoring
location is used to monitor volumetric flow and CH4
concentration of the recovered gas sent to one or multiple
destruction devices, then N = 1.
Rn = Quantity of recovered CH4 from Equation
HH-4 of this subpart for the nth measurement location (metric tons).
fRec,n = Fraction of hours the recovery system associated
with the nth measurement location was operating (annual operating
hours/8760 hours per year or annual operating hours/8784 hours per
year for a leap year).

Subpart II--Industrial Wastewater Treatment

0
64. Section 98.356 is amended by revising paragraph (a) introductory
text and adding paragraph (b)(6) to read as follows:

Sec.  98.356  Data reporting requirements.

* * * * *
    (a) Identify the anaerobic processes used in the industrial
wastewater treatment system to treat industrial wastewater and
industrial wastewater treatment sludge, provide a unique identifier for
each anaerobic process, indicate the average depth in meters of each
anaerobic lagoon, and indicate whether biogas generated by each
anaerobic process is recovered. Provide a description or diagram of the
industrial wastewater treatment system, identifying the processes used,
indicating how the processes are related to each other, and providing a
unique identifier for each anaerobic process. Each anaerobic processes
must be identified as one of the following:
* * * * *
    (b) * * *
    (6) If the facility performs an ethanol production processing
operation as defined in Sec.  98.358, you must indicate if the facility
uses a wet milling process or a dry milling process.
* * * * *
0
65. Section 98.358 is amended by adding definitions for ``Dry
milling,'' ``Wet milling,'' and ``Weekly average'' in alphabetical
order to read as follows:

Sec.  98.358  Definitions.

* * * * *
    Dry milling means the process in which shelled corn is milled by
dry process, without an initial steeping step.
* * * * *
    Wet milling means the process in which shelled corn is steeped in a
dilute solution of sulfurous acid (sulfur dioxide dissolved in water)
prior to further processing.
    Weekly average means the sum of all values measured in a calendar
week divided by the number of measurements.

Subpart LL--Suppliers of Coal-Based Liquid Fuels

0
66. Section 98.382 is revised to read as follows:

Sec.  98.382  GHGs to report.

    Suppliers of coal-based liquid fuels must report the CO2
emissions that would result from the complete combustion or oxidation
of fossil-fuel products (besides coal or crude oil) produced, used as
feedstock, imported, or exported during the calendar year.
Additionally, producers must report CO2 emissions that would
result from the complete combustion or oxidation of any biomass co-
processed with fossil fuel-based feedstocks.
0
67. Section 98.383 is revised to read as follows:

Sec.  98.383  Calculating GHG emissions.

    Suppliers of coal-based liquid fuels must follow the calculation
methods of Sec.  98.393 as if they applied to the appropriate coal-to-
liquid product supplier (i.e., calculation methods for refiners apply
to producers of coal-to-liquid products and calculation methods for
importers and exporters of petroleum products apply to importers and
exporters of coal-to-liquid products).
    (a) In calculation methods in Sec.  98.393 for petroleum products
or petroleum-based products, suppliers of coal-to-liquid products shall
also include coal-to-liquid products.
    (b) In calculation methods in Sec.  98.393 for non-crude feedstocks
or non-crude petroleum feedstocks, producers of coal-to-liquid products
shall also include coal-to-liquid products that enter the facility to
be further processed or otherwise used on site.
    (c) In calculation methods in Sec.  98.393 for petroleum
feedstocks, suppliers of coal-to-liquid products shall also include
coal and coal-to-liquid products that enter the facility to be further
processed or otherwise used on site.
0
68. Section 98.384 is revised to read as follows:

Sec.  98.384  Monitoring and QA/QC requirements.

    Suppliers of coal-based liquid fuels must follow the monitoring and
QA/QC requirements in Sec.  98.394 as if they applied to the
appropriate coal-to-liquid product supplier. Any monitoring and QA/QC
requirement for petroleum products in Sec.  98.394 also applies to
coal-to-liquid products.
0
69. Section 98.385 is revised to read as follows:

Sec.  98.385  Procedures for estimating missing data.

    Suppliers of coal-based liquid fuels must follow the procedures for
estimating missing data in Sec.  98.395 as if they applied to the
appropriate coal-to-liquid product supplier. Any procedure for
estimating missing data for petroleum products in Sec.  98.395 also
applies to coal-to-liquid products.
0
70. Section 98.386 is amended by:
0
a. Removing and reserving paragraphs (a)(4) and (8);
0
b. Revising paragraphs (a)(9) introductory text, (a)(10) introductory
text, and (a)(11) introductory text;
0
c. Removing and reserving paragraph (a)(15);
0
d. Revising paragraph (a)(20);
0
e. Removing and reserving paragraph (b)(4);
0
f. Revising paragraphs (b)(5) introductory text and (b)(6) introductory
text;
0
g. Removing and reserving paragraph (c)(4); and
0
h. Revising paragraphs (c)(5) introductory text and (c)(6) introductory
text.
    The revisions read as follows:

Sec.  98.386  Data reporting requirements.

* * * * *
    (a) * * *
    (9) For every feedstock reported in paragraph (a)(2) of this
section for which Calculation Method 2 in

Sec.  98.393(f)(2) was used to determine an emissions factor, report:
* * * * *
    (10) For every non-solid feedstock reported in paragraph (a)(2) of
this section for which Calculation Method 2 in Sec.  98.393(f)(2) was
used to determine an emissions factor, report:
* * * * *
    (11) For every product reported in paragraph (a)(6) of this section
for which Calculation Method 2 in Sec.  98.393(f)(2) was used to
determine an emissions factor, report:
* * * * *
    (20) Annual quantity of bulk NGLs in metric tons or barrels
received for processing during the reporting year. Report only
quantities of bulk NGLs not reported in paragraph (a)(2) of this
section.
    (b) * * *
    (5) For each product reported in paragraph (b)(2) of this section
for which Calculation Method 2 in Sec.  98.393(f)(2) used was used to
determine an emissions factor, report:
* * * * *
    (6) For each non-solid product reported in paragraph (b)(2) of this
section for which Calculation Method 2 in Sec.  98.393(f)(2) was used
to determine an emissions factor, report:
* * * * *
    (c) * * *
    (5) For each product reported in paragraph (c)(2) of this section
for which Calculation Method 2 in Sec.  98.393(f)(2) was used to
determine an emissions factor, report:
* * * * *
    (6) For each non-solid product reported in paragraph (c)(2) of this
section for which Calculation Method 2 in Sec.  98.393(f)(2) used was
used to determine an emissions factor, report:
* * * * *
0
71. Section 98.387 is revised to read as follows:

Sec.  98.387  Records that must be retained.

    Suppliers of coal-based liquid fuels must retain records according
to the requirements in Sec.  98.397 as if they applied to the
appropriate coal-to-liquid product supplier (e.g., retaining copies of
all reports submitted to EPA under Sec.  98.386 and records to support
information contained in those reports). Any records for petroleum
products that are required to be retained in Sec.  98.397 are also
required for coal-to-liquid products.

Subpart MM--Suppliers of Petroleum Products

Sec.  98.395  [Amended]

0
72. Section 98.395 is amended by removing paragraph (c).

Subpart NN--Suppliers of Natural Gas and Natural Gas Liquids

0
73. Section 98.401 is revised to read as follows:

Sec.  98.401  Reporting threshold.

    Any supplier of natural gas and natural gas liquids that meets the
requirements of Sec.  98.2(a)(4) must report GHG emissions associated
with the products they supply.
0
74. Section 98.403 is amended by:
0
a. Revising paragraph (a)(1) introductory text;
0
b. Removing parameter ``CO2.'' of Equation NN-1 in paragraph
(a)(1) and adding in its place a parameter for ``CO2i'';
0
c. Revising paragraph (a)(2) introductory text;
0
d. Removing parameter ``CO2.'' of Equation NN-2 in paragraph
(a)(2) and adding in its place a parameter for ``CO2i'';
0
e. Removing parameter ``CO2.'' of Equation NN-3 in paragraph
(b)(1) and adding in its place a parameter for ``CO2j'';
0
f. Revising parameter ``Fuel'' of Equation NN-3 in paragraph (b)(1);
0
g. Removing parameter ``CO2.'' of Equation NN-4 in paragraph
(b)(2)(ii) and adding in its place a parameter for ``CO2k'';
0
g. Removing parameter ``CO2.'' of Equation NN-5a in
paragraph (b)(3)(i) and adding in its place a parameter for
``CO2l'';
0
h. Revising parameter ``EF'' of Equation NN-5a in paragraph (b)(3)(i);
0
i. Removing parameter ``CO2.'' of Equation NN-5b in
paragraph (b)(3)(ii) and adding in its place a parameter for
``CO2n'';
0
j. Revising the parameters of Equation NN-6 in paragraph (b)(4);
0
k. Removing parameter ``CO2.'' of Equation NN-7 in paragraph
(c)(1)(ii) and adding in its place a parameter for ``CO2m'';
0
l. Revising parameter ``Fuelg'' of Equation NN-7 in
paragraph (c)(1)(ii); and
0
m. Revising the parameters of Equation NN-8 in paragraph (c)(2).
    The revisions read as follows:

Sec.  98.403  Calculating GHG emissions.

    (a) * * *
    (1) Calculation Methodology 1. NGL fractionators shall estimate
CO2 emissions that would result from the complete combustion
or oxidation of the product(s) supplied using Equation NN-1 of this
section. The annual volume of each NGL product supplied (Fuelh) shall
include any amount of that NGL supplied in a mixture or blend of two or
more products listed in Tables NN-1 and NN-2 of this subpart. The
annual volume of each NGL product supplied shall exclude any amount of
that NGL contained in bulk NGLs exiting the facility not fractionated
by the reporter (e.g., y-grade, o-grade, and other bulk NGLs). LDCs
shall estimate CO2 emissions that would result from the
complete combustion or oxidation of the natural gas received at the
city gate (including natural gas that is transported by, but not owned
by, the reporter) using Equation NN-1 of this section. For each
product, use the default value for higher heating value and
CO2 emission factor in Table NN-1 of this subpart.
Alternatively, for each product, a reporter-specific higher heating
value and CO2 emission factor may be used, in place of one
or both defaults provided they are developed using methods outlined in
Sec.  98.404. For each product, you must use the same volume unit
throughout the equation.
* * * * *
CO2i = Annual CO2 mass emissions that would
result from the combustion or oxidation of each product ``h'' for
redelivery to all recipients (metric tons).
* * * * *
    (2) Calculation Methodology 2. NGL fractionators shall estimate
CO2 emissions that would result from the complete combustion
or oxidation of the product(s) supplied using Equation NN-2 of this
section. The annual volume of each NGL product supplied
(Fuelh) shall include any amount of that NGL supplied in a
mixture or blend of two or more products listed in Tables NN-1 and NN-2
of this subpart. The annual volume of each NGL product supplied shall
exclude any amount of that NGL contained in bulk NGLs exiting the
facility not fractionated by the reporter (e.g., y-grade, o-grade, and
other bulk NGLs). LDCs shall estimate CO2 emissions that
would result from the complete combustion or oxidation of the natural
gas received at the city gate (including natural gas that is
transported by, but not owned by, the reporter) using Equation NN-2 of
this section. For each product, use the default CO2 emission
factor found in Table NN-2 of this subpart. Alternatively, for each
product, a reporter-specific CO2 emission factor may be used
in place of the default factor, provided it is developed using methods
outlined in Sec.  98.404. For each

product, you must use the same volume unit throughout the equation.
* * * * *
CO2i = Annual CO2 mass emissions that would
result from the combustion or oxidation of each product ``h''
(metric tons)
* * * * *
    (b) * * *
    (1) * * *
* * * * *
CO2j = Annual CO2 mass emissions that would
result from the combustion or oxidation of natural gas for
redelivery to transmission pipelines or other LDCs (metric tons).
Fuel = Total annual volume of natural gas supplied to downstream gas
transmission pipelines and other local distribution companies (Mscf
per year).
* * * * *
    (2) * * *
    (ii) * * *
* * * * *
CO2k = Annual CO2 mass emissions that would
result from the combustion or oxidation of natural gas delivered to
each large end-user k, as defined in paragraph (b)(2)(i) of this
section (metric tons).
* * * * *
    (3) * * *
    (i) * * *
* * * * *
CO2l = Annual CO2 mass emissions that would
result from the combustion or oxidation of the net change in natural
gas stored on system by the LDC within the reporting year (metric
tons).
* * * * *
EF = CO2 emission factor for natural gas placed into/
removed from storage (MT CO2/Mscf).

    (ii) * * *
* * * * *
CO2n = Annual CO2 mass emissions that would
result from the combustion or oxidation of natural gas received that
bypassed the city gate and is not otherwise accounted for by
Equation NN-1 or NN-2 of this section (metric tons).
* * * * *
    (4) * * *
* * * * *
CO2 = Annual CO2 mass emissions that would
result from the combustion or oxidation of natural gas delivered to
LDC end-users not covered in paragraph (b)(2) of this section
(metric tons).
CO2i = Annual CO2 mass emissions that would
result from the combustion or oxidation of natural gas received at
the city gate as calculated in paragraph (a)(1) or (2) of this
section (metric tons).
CO2j = Annual CO2 mass emissions that would
result from the combustion or oxidation of natural gas delivered to
transmission pipelines or other LDCs as calculated in paragraph
(b)(1) of this section (metric tons).
CO2k = Annual CO2 mass emissions that would
result from the combustion or oxidation of natural gas delivered to
each large end-user as calculated in paragraph (b)(2) of this
section (metric tons).
CO2l = Annual CO2 mass emissions that would
result from the combustion or oxidation of the net change in natural
gas stored by the LDC within the reported year as calculated in
paragraph (b)(3)(i) of this section (metric tons).
CO2n = Annual CO2 mass emissions that would
result from the combustion or oxidation of natural gas that was
received by the LDC directly from sources bypassing the city gate,
and is not otherwise accounted for in Equation NN-1 or NN-2 of this
section, as calculated in paragraph (b)(3)(ii) of this section
(metric tons).

    (c) * * *
    (1) * * *
    (ii) * * *
* * * * *
CO2m = Annual CO2 mass emissions that would
result from the combustion or oxidation of each fractionated NGL
product ``g'' received from other fractionators (metric tons).
Fuelg = Total annual volume of each NGL product ``g''
received from other fractionators (bbls).
* * * * *
    (2) * * *
* * * * *
CO2 = Annual CO2 mass emissions that would
result from the combustion or oxidation of fractionated NGLs
delivered to customers or on behalf of customers less the quantity
received from other fractionators (metric tons).
CO2i = Annual CO2 mass emissions that would
result from the combustion or oxidation of fractionated NGLs
delivered to all customers or on behalf of customers as calculated
in paragraph (a)(1) or (2) of this section (metric tons).
CO2m = Annual CO2 mass emissions that would
result from the combustion or oxidation of fractionated NGLs
received from other fractionators and calculated in paragraph (c)(1)
of this section (metric tons).

0
75. Section 98.404 is amended by revising paragraph (a)(1) introductory
text and paragraphs (a)(3) and (4) to read as follows:

Sec.  98.404  Monitoring and QA/QC requirements.

    (a) * * *
    (1) NGL fractionators and LDCs shall determine the quantity of NGLs
and natural gas using methods in common use in the industry for billing
purposes as audited under existing Sarbanes Oxley regulation.
* * * * *
    (3) NGL fractionators shall use measurement for NGLs at custody
transfer meters or at such meters that are used to determine the NGL
product slate delivered from the fractionation facility.
    (4) If a NGL fractionator supplies a product that is a mixture or
blend of two or more products listed in Tables NN-1 and NN-2 of this
subpart, the NGL fractionator shall report the quantities of the
constituents of the mixtures or blends separately.
* * * * *
0
76. Section 98.406 is amended by:
0
a. Revising paragraphs (a)(1) and (2);
0
b. Revising paragraphs (b)(1), (6), (12), and (13) introductory text;
and
0
c. Adding paragraph (b)(14).
    The revisions read as follows:

Sec.  98.406  Data reporting requirements.

    (a) * * *
    (1) Annual quantity (in barrels) of each NGL product supplied
(including fractionated NGL products received from other NGL
fractionators) in the following product categories: Ethane, propane,
normal butane, isobutane, and pentanes plus (Fuelh in
Equations NN-1 and NN-2 of this subpart).
    (2) Annual quantity (in barrels) of each NGL product received from
other NGL fractionators in the following product categories: Ethane,
propane, normal butane, isobutane, and pentanes plus (Fuelg
in Equation NN-7 of this subpart).
* * * * *
    (b) * * *
    (1) Annual volume in Mscf of natural gas received by the LDC at its
city gate stations for redelivery on the LDC's distribution system,
including for use by the LDC (Fuelh in Equations NN-1 and NN-2 of this
subpart).
* * * * *
    (6) Annual volume in Mscf of natural gas delivered to downstream
gas transmission pipelines and other local distribution companies (Fuel
in Equation NN-3 of this subpart).
* * * * *
    (12) For each large end-user reported in paragraph (b)(7) of this
section, report:
    (i) The customer name, address, and meter number(s).
    (ii) Whether the quantity of natural gas reported in paragraph
(b)(7) of this section is the total quantity delivered to a large end-
user's facility, or the quantity delivered to a specific meter located
at the facility.
    (iii) If known, report the EIA identification number of each LDC
customer.
    (13) The annual volume in Mscf of natural gas delivered by the LDC
(including natural gas that is not owned by the LDC) to each of the
following end-use categories. For definitions of these categories,
refer to EIA Form 176 (Annual Report of Natural Gas and Supplemental
Gas Supply & Disposition) and Instructions.
* * * * *

    (14) The name of the U.S. state or territory covered in this report
submission.
* * * * *
0
77. Table NN-2 to subpart NN of part 98 is amended by revising the
title to the table and the heading of the third column to read as
follows:

  Table NN-2 to Subpart NN of Part 98--Default Factors for Calculation
                      Methodology 2 of This Subpart
------------------------------------------------------------------------
                                                          Default CO2
                                                        emission factor
              Fuel                        Unit          (MT CO2/Unit) 1

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

                                * * * * *
------------------------------------------------------------------------
\1\ Conditions for emission value presented in MT CO2/bbl are
  60[emsp14][deg]F and saturation pressure.

Subpart OO--Suppliers of Industrial Greenhouse Gases

0
78. Section 98.410 is amended by revising paragraph (a) and adding
paragraphs (d) and (e) to read as follows:

Sec.  98.410  Definition of the source category.

    (a) The industrial gas supplier source category consists of any
facility that produces fluorinated GHGs, fluorinated HTFs, or nitrous
oxide; any bulk importer of fluorinated GHGs, fluorinated HTFs, or
nitrous oxide; any bulk exporter of fluorinated GHGs, fluorinated HTFs,
or nitrous oxide; and any facility that destroys fluorinated GHGs or
fluorinated HTFs.
* * * * *
    (d) To produce a fluorinated HTF means to manufacture, from any raw
material or feedstock chemical, a fluorinated GHG used for temperature
control, device testing, cleaning substrate surfaces and other parts,
and soldering in processes including but not limited to certain types
of electronics manufacturing production processes. Fluorinated heat
transfer fluids do not include fluorinated GHGs used as lubricants or
surfactants. For fluorinated heat transfer fluids under this subpart,
the lower vapor pressure limit of 1 mm Hg in absolute at 25 [deg]C in
the definition of fluorinated greenhouse gas in Sec.  98.6 shall not
apply. Fluorinated heat transfer fluids include, but are not limited
to, perfluoropolyethers, perfluoroalkanes, perfluoroethers, tertiary
perfluoroamines, and perfluorocyclic ethers. Producing a fluorinated
HTF does not include the reuse or recycling of a fluorinated HTF, the
creation of intermediates, or the creation of fluorinated HTFs that are
released or destroyed at the production facility before the production
measurement at Sec.  98.414(a).
    (e) For purposes of this subpart, to destroy fluorinated GHGs or
fluorinated HTFs means to cause the expiration of a previously produced
(as defined at Sec.  98.410(b) and (d)) fluorinated GHG or fluorinated
HTF to the destruction efficiency actually achieved. Such destruction
does not result in a commercially useful end product. For purposes of
this subpart, such destruction does not include HFC-23 destruction as
defined at Sec.  98.150 or the dissociation of fluorinated GHGs that
occurs during electronics manufacturing as defined at Sec.  98.90. For
example, such destruction does not include the dissociation of
fluorinated GHGs that occurs during etch or chamber cleaning processes
or during use of abatement systems that treat the fluorinated GHGs
vented from such processes at electronics manufacturing facilities.
0
79. Section 98.412 is revised to read as follows:

Sec.  98.412  GHGs to report.

    You must report the GHG emissions that would result from the
release of the nitrous oxide and each fluorinated GHG or fluorinated
HTF that you produce, import, export, transform, or destroy during the
calendar year.
0
80. Section 98.413 is amended by:
0
a. Revising paragraph (a) introductory text;
0
b. Revising the parameters of Equation OO-1 in paragraph (a);
0
c. Revising paragraph (b) introductory text;
0
d. Revising the parameters of Equation OO-2 in paragraph (b);
0
e. Revising paragraph (c) introductory text;
0
f. Revising parameters ``T'' and ``ET'' of Equation OO-3 in paragraph
(c);
0
g. Revising paragraph (d) introductory text; and
0
h. Revising parameters ``D'' and ``FD'' of Equation OO-4 in paragraph
(d).
    The revisions read as follows:

Sec.  98.413  Calculating GHG emissions.

    (a) Calculate the total mass of each fluorinated GHG, fluorinated
HTF, or nitrous oxide produced annually, except for amounts that are
captured solely to be shipped off site for destruction, by using
Equation OO-1 of this section:
* * * * *
P = Mass of fluorinated GHG, fluorinated HTF, or nitrous oxide
produced annually.
Pp = Mass of fluorinated GHG, fluorinated HTF, or nitrous
oxide produced over the period ``p''.

    (b) Calculate the total mass of each fluorinated GHG, fluorinated
HTF, or nitrous oxide produced over the period ``p'' by using Equation
OO-2 of this section:
* * * * *
Pp = Mass of fluorinated GHG, fluorinated HTF, or nitrous
oxide produced over the period ``p'' (metric tons).
Op = Mass of fluorinated GHG, fluorinated HTF, or nitrous
oxide that is measured coming out of the production process over the
period p (metric tons).
Up = Mass of used fluorinated GHG, fluorinated HTF, or
nitrous oxide that is added to the production process upstream of
the output measurement over the period ``p'' (metric tons).

    (c) Calculate the total mass of each fluorinated GHG, fluorinated
HTF, or nitrous oxide transformed by using Equation OO-3 of this
section:
* * * * *
T = Mass of fluorinated GHG, fluorinated HTF, or nitrous oxide
transformed annually (metric tons).
* * * * *
ET = The fraction of the fluorinated GHG, fluorinated
HTF, or nitrous oxide fed into the transformation process that is
transformed in the process (metric tons).

    (d) Calculate the total mass of each fluorinated GHG or fluorinated
HTF destroyed by using Equation OO-4 of this section:
* * * * *
D = Mass of fluorinated GHG or fluorinated HTF destroyed annually
(metric tons).
FD = Mass of fluorinated GHG or fluorinated HTF fed into
the destruction device annually (metric tons).
* * * * *
0
81. Section 98.414 is amended by revising paragraphs (a) through (i),
(l), (n) introductory text, (n)(3) through (5), and (o) to read as
follows:

Sec.  98.414  Monitoring and QA/QC requirements.

    (a) The mass of fluorinated GHGs, fluorinated HTFs, or nitrous
oxide coming out of the production process shall be measured using
flowmeters, weigh scales, or a combination of volumetric and density
measurements with an accuracy and precision of one percent of full
scale or better. If the measured mass includes more than one
fluorinated GHG or fluorinated HTF, the concentrations of each of the
fluorinated GHGs or fluorinated HTFs, other than low-concentration
constituents, shall be measured as set forth in paragraph (n) of this
section. For each fluorinated GHG or fluorinated HTF, the mean of the
concentrations of that fluorinated GHG (mass fraction) measured under
paragraph (n) of this section shall be multiplied by the mass
measurement to obtain the mass of that fluorinated GHG or fluorinated
HTF coming out of the production process.

    (b) The mass of any used fluorinated GHGs, fluorinated HTFs, or
used nitrous oxide added back into the production process upstream of
the output measurement in paragraph (a) of this section shall be
measured using flowmeters, weigh scales, or a combination of volumetric
and density measurements with an accuracy and precision of one percent
of full scale or better. If the mass in paragraph (a) of this section
is measured by weighing containers that include returned heels as well
as newly produced fluorinated GHGs or fluorinated HTFs, the returned
heels shall be considered used fluorinated GHGs or fluorinated HTFs for
purposes of this paragraph (b) of this section and Sec.  98.413(b).
    (c) The mass of fluorinated GHGs, fluorinated HTFs, or nitrous
oxide fed into the transformation process shall be measured using
flowmeters, weigh scales, or a combination of volumetric and density
measurements with an accuracy and precision of one percent of full
scale or better.
    (d) The fraction of the fluorinated GHGs, fluorinated HTFs, or
nitrous oxide fed into the transformation process that is actually
transformed shall be estimated considering yield calculations or
quantities of unreacted fluorinated GHGs, fluorinated HTFs, or nitrous
oxide permanently removed from the process and recovered, destroyed, or
emitted.
    (e) The mass of fluorinated GHGs, fluorinated HTFs, or nitrous
oxide sent to another facility for transformation shall be measured
using flowmeters, weigh scales, or a combination of volumetric and
density measurements with an accuracy and precision of one percent of
full scale or better.
    (f) The mass of fluorinated GHGs or fluorinated HTFs sent to
another facility for destruction shall be measured using flowmeters,
weigh scales, or a combination of volumetric and density measurements
with an accuracy and precision of one percent of full scale or better.
If the measured mass includes more than trace concentrations of
materials other than the fluorinated GHG or fluorinated HTF, the
concentration of the fluorinated GHG or fluorinated HTF shall be
estimated considering current or previous representative concentration
measurements and other relevant process information. This concentration
(mass fraction) shall be multiplied by the mass measurement to obtain
the mass of the fluorinated GHG or fluorinated HTF sent to another
facility for destruction.
    (g) You must estimate the share of the mass of fluorinated GHGs or
fluorinated HTFs in paragraph (f) of this section that is comprised of
fluorinated GHGs or fluorinated HTFs that are not included in the mass
produced in Sec.  98.413(a) because they are removed from the
production process as by-products or other wastes.
    (h) You must measure the mass of each fluorinated GHG or
fluorinated HTF that is fed into the destruction device and that was
previously produced as defined at Sec.  98.410(b). Such fluorinated
GHGs or fluorinated HTFs include but are not limited to quantities that
are shipped to the facility by another facility for destruction and
quantities that are returned to the facility for reclamation but are
found to be irretrievably contaminated and are therefore destroyed. You
must use flowmeters, weigh scales, or a combination of volumetric and
density measurements with an accuracy and precision of one percent of
full scale or better. If the measured mass includes more than trace
concentrations of materials other than the fluorinated GHG or
fluorinated HTF being destroyed, you must estimate the concentrations
of the fluorinated GHG or fluorinated HTF being destroyed considering
current or previous representative concentration measurements and other
relevant process information. You must multiply this concentration
(mass fraction) by the mass measurement to obtain the mass of the
fluorinated GHG or fluorinated HTF fed into the destruction device.
    (i) Very small quantities of fluorinated GHGs or fluorinated HTFs
that are difficult to measure because they are entrained in other media
such as destroyed filters and destroyed sample containers are exempt
from paragraphs (f) and (h) of this section.
* * * * *
    (l) In their estimates of the mass of fluorinated GHGs or
fluorinated HTFs destroyed, facilities that destroy fluorinated GHGs or
fluorinated HTFs shall account for any temporary reductions in the
destruction efficiency that result from any startups, shutdowns, or
malfunctions of the destruction device, including departures from the
operating conditions defined in state or local permitting requirements
and/or oxidizer manufacturer specifications.
* * * * *
    (n) If the mass coming out of the production process includes more
than one fluorinated GHG or fluorinated HTF, you shall measure the
concentrations of all of the fluorinated GHGs or fluorinated HTFs,
other than low-concentration constituents, as follows:
* * * * *
    (3) Frequency of measurement. Perform the measurements at least
once by February 15, 2011 if the fluorinated GHG product is being
produced on December 17, 2010. Perform the measurements within 60 days
of commencing production of any fluorinated GHG product that was not
being produced on December 17, 2010. For fluorinated HTF products,
perform the measurements at least once by February 15, 2017, if the
fluorinated HTF product is being produced on January 1, 2017. Repeat
the measurements if an operational or process change occurs that could
change the identities or significantly change the concentrations of the
fluorinated GHG or fluorinated HTF constituents of the fluorinated GHG
or fluorinated HTF product. Complete the repeat measurements within 60
days of the operational or process change.
    (4) Measure all product grades. Where a fluorinated GHG or
fluorinated HTF is produced at more than one purity level (e.g.,
pharmaceutical grade and refrigerant grade), perform the measurements
for each purity level.
    (5) Number of samples. Analyze a minimum of three samples of the
fluorinated GHGs or fluorinated HTF product that have been drawn under
conditions that are representative of the process producing the
fluorinated GHGs or fluorinated HTF product. If the relative standard
deviation of the measured concentrations of any of the fluorinated GHGs
or fluorinated HTF constituents (other than low-concentration
constituents) is greater than or equal to 15 percent, draw and analyze
enough additional samples to achieve a total of at least six samples of
the fluorinated GHG or fluorinated HTF product.
    (o) All analytical equipment used to determine the concentration of
fluorinated GHGs or fluorinated HTFs, including but not limited to gas
chromatographs and associated detectors, IR, FTIR and NMR devices,
shall be calibrated at a frequency needed to support the type of
analysis specified in the site GHG Monitoring Plan as required under
Sec. Sec.  98.414(n) and 98.3(g)(5) of this part. Quality assurance
samples at the concentrations of concern shall be used for the
calibration. Such quality assurance samples shall consist of or be
prepared from certified standards of the analytes of concern where
available; if not available, calibration shall be performed

by a method specified in the GHG Monitoring Plan.
* * * * *
0
82. Section 98.416 is amended by:
0
a. Revising paragraph (a);
0
b. Revising paragraphs (b) introductory text, (b)(3), and (b)(6);
0
c. Revising paragraphs (c) introductory text, (c)(1) through (6), and
(c)(8) through (10);
0
d. Revising paragraphs (d) introductory text, (d)(1), and (d)(4)
through (6); and
0
e. Adding paragraphs (i) and (j).
    The revisions and additions read as follows:

Sec.  98.416  Data reporting requirements.

* * * * *
    (a) Each fluorinated GHG, fluorinated HTF, or nitrous oxide
production facility shall report the following information:
    (1) Mass in metric tons of each fluorinated GHG, fluorinated HTF,
or nitrous oxide produced at that facility by process, except for
amounts that are captured solely to be shipped off site for
destruction.
    (2) Mass in metric tons of each fluorinated GHG, fluorinated HTF,
or nitrous oxide transformed at that facility, by process.
    (3) Mass in metric tons of each fluorinated GHG or fluorinated HTF
that is destroyed at that facility and that was previously produced as
defined at Sec.  98.410(b). Quantities to be reported under paragraph
(a)(3) of this section include but are not limited to quantities that
are shipped to the facility by another facility for destruction and
quantities that are returned to the facility for reclamation but are
found to be irretrievably contaminated and are therefore destroyed.
    (4) [Reserved]
    (5) Total mass in metric tons of each fluorinated GHG, fluorinated
HTF, or nitrous oxide sent to another facility for transformation.
    (6) Total mass in metric tons of each fluorinated GHG or
fluorinated HTF sent to another facility for destruction, except
fluorinated GHGs and fluorinated HTFs that are not included in the mass
produced in Sec.  98.413(a) because they are removed from the
production process as by-products or other wastes. Quantities to be
reported under paragraph (a)(6) of this section could include, for
example, fluorinated GHGs that are returned to the facility for
reclamation but are found to be irretrievably contaminated and are
therefore sent to another facility for destruction.
    (7) Total mass in metric tons of each fluorinated GHG or
fluorinated HTF that is sent to another facility for destruction and
that is not included in the mass produced in Sec.  98.413(a) because it
is removed from the production process as a byproduct or other waste.
    (8)-(9) [Reserved]
    (10) Mass in metric tons of any fluorinated GHG, fluorinated HTF,
or nitrous oxide fed into the transformation process, by process.
    (11) Mass in metric tons of each fluorinated GHG or fluorinated HTF
that is fed into the destruction device and that was previously
produced as defined at Sec.  98.410(b). Quantities to be reported under
paragraph (a)(11) of this section include but are not limited to
quantities that are shipped to the facility by another facility for
destruction and quantities that are returned to the facility for
reclamation but are found to be irretrievably contaminated and are
therefore destroyed.
    (12) Mass in metric tons of each fluorinated GHG, fluorinated HTF,
or nitrous oxide that is measured coming out of the production process,
by process.
    (13) Mass in metric tons of each used fluorinated GHGs, fluorinated
HTFs, or nitrous oxide added back into the production process (e.g.,
for reclamation), including returned heels in containers that are
weighed to measure the mass in Sec.  98.414(a), by process.
    (14) Names and addresses of facilities to which any nitrous oxide,
fluorinated GHGs, or fluorinated HTFs were sent for transformation, and
the quantities (metric tons) of nitrous oxide and of each fluorinated
GHG or fluorinated HTF that were sent to each for transformation.
    (15) Names and addresses of facilities to which any fluorinated
GHGs or fluorinated HTFs were sent for destruction, and the quantities
(metric tons) of each fluorinated GHG or fluorinated HTF that were sent
to each for destruction.
    (16) Where missing data have been estimated pursuant to Sec.
98.415, the reason the data were missing, the length of time the data
were missing, the method used to estimate the missing data, and the
estimates of those data.
    (b) By March 31, 2017 or within 60 days of commencing fluorinated
GHG or fluorinated HTF destruction, whichever is later, any facility
that destroys fluorinated GHGs or fluorinated HTFs shall submit a one-
time report containing the information in paragraphs (b)(1) through (6)
of this section for each destruction process. Facilities that
previously submitted a one-time report under this paragraph are exempt
from this requirement unless they meet the conditions in paragraph
(b)(6) of this section.
* * * * *
    (3) Methods used to record the mass of fluorinated GHG or
fluorinated HTF destroyed.
* * * * *
    (6) If any process changes affect unit destruction efficiency or
the methods used to record mass of fluorinated GHG or fluorinated HTF
destroyed, then a revised report must be submitted to reflect the
changes. The revised report must be submitted to EPA within 60 days of
the change.
    (c) Each bulk importer of fluorinated GHGs, fluorinated HTFs, or
nitrous oxide shall submit an annual report that summarizes its imports
at the corporate level, except for shipments including less than
twenty-five kilograms of fluorinated GHGs, fluorinated HTFs, or nitrous
oxide, transshipments, and heels that meet the conditions set forth at
Sec.  98.417(e). The report shall contain the following information for
each import:
    (1) Total mass in metric tons of nitrous oxide and each fluorinated
GHG or fluorinated HTF imported in bulk, including each fluorinated GHG
or fluorinated HTF constituent of the fluorinated GHG or fluorinated
HTF product that makes up between 0.5 percent and 100 percent of the
product by mass.
    (2) Total mass in metric tons of nitrous oxide and each fluorinated
GHG or fluorinated HTF imported in bulk and sold or transferred to
persons other than the importer for use in processes resulting in the
transformation or destruction of the chemical.
    (3) Date on which the fluorinated GHGs, fluorinated HTFs, or
nitrous oxide were imported.
    (4) Port of entry through which the fluorinated GHGs, fluorinated
HTFs, or nitrous oxide passed.
    (5) Country from which the imported fluorinated GHGs, fluorinated
HTFs, or nitrous oxide were imported.
    (6) Commodity code of the fluorinated GHGs, fluorinated HTFs, or
nitrous oxide shipped.
* * * * *
    (8) Total mass in metric tons of each fluorinated GHG or
fluorinated HTF destroyed by the importer.
    (9) If applicable, the names and addresses of the persons and
facilities to which the nitrous oxide, fluorinated GHGs, or fluorinated
HTFs were sold or transferred for transformation, and the quantities
(metric tons) of nitrous oxide and of each fluorinated GHG or
fluorinated HTF that were sold or transferred to each facility for
transformation.

    (10) If applicable, the names and addresses of the persons and
facilities to which the fluorinated GHGs or fluorinated HTFs were sold
or transferred for destruction, and the quantities (metric tons) of
each fluorinated GHG or fluorinated HTF that were sold or transferred
to each facility for destruction.
    (d) Each bulk exporter of fluorinated GHGs, fluorinated HTFs, or
nitrous oxide shall submit an annual report that summarizes its exports
at the corporate level, except for shipments including less than
twenty-five kilograms of fluorinated GHGs, fluorinated HTFs, or nitrous
oxide, transshipments, and heels. The report shall contain the
following information for each export:
    (1) Total mass in metric tons of nitrous oxide and each fluorinated
GHG or fluorinated HTF exported in bulk.
* * * * *
    (4) Commodity code of the fluorinated GHGs, fluorinated HTFs, or
nitrous oxide shipped.
    (5) Date on which, and the port from which, the fluorinated GHGs,
fluorinated HTFs, or nitrous oxide were exported from the United States
or its territories.
    (6) Country to which the fluorinated GHGs, fluorinated HTFs, or
nitrous oxide were exported.
* * * * *
    (i) Each facility that destroys fluorinated GHGs or fluorinated
HTFs but does not otherwise report under this section shall report the
mass in metric tons of each fluorinated GHG or fluorinated HTF that is
destroyed at that facility and that was previously produced as defined
at Sec.  98.410(b) or (d), as applicable. Quantities to be reported
under this paragraph include but are not limited to quantities that are
shipped to the facility by another facility for destruction and
quantities that are returned to the facility for reclamation but are
found to be irretrievably contaminated and are therefore destroyed.
    (j) By March 31, 2017, all fluorinated HTF production facilities
shall submit a one-time report that includes the concentration of each
fluorinated HTF or fluorinated GHG constituent in each fluorinated HTF
product as measured under Sec.  98.414(n). If the facility commences
production of a fluorinated HTF product that was not included in the
initial report or performs a repeat measurement under Sec.  98.414(n)
that shows that the identities or concentrations of the fluorinated HTF
or fluorinated GHG constituents of a fluorinated HTF product have
changed, then the new or changed concentrations, as well as the date of
the change, must be provided in a revised report. The revised report
must be submitted to EPA by the March 31st that immediately follows the
new or repeat measurement under Sec.  98.414(n).
0
83. Section 98.418 is amended by revising the definition of ``Low-
concentration constituent'' to read as follows:

Sec.  98.418  Definitions.

* * * * *
    Low-concentration constituent means, for purposes of fluorinated
GHG or fluorinated HTF production and export, a fluorinated GHG or
fluorinated HTF constituent of a fluorinated GHG or fluorinated HTF
product that occurs in the product in concentrations below 0.1 percent
by mass. For purposes of fluorinated GHG or fluorinated HTF import,
low-concentration constituent means a fluorinated GHG or fluorinated
HTF constituent of a fluorinated GHG or fluorinated HTF product that
occurs in the product in concentrations below 0.5 percent by mass. Low-
concentration constituents do not include fluorinated GHGs or
fluorinated HTFs that are deliberately combined with the product (e.g.,
to affect the performance characteristics of the product).

Subpart PP--Suppliers of Carbon Dioxide

0
84. Section 98.425 is amended by revising paragraph (b) introductory
text to read as follows:

Sec.  98.425  Procedures for estimating missing data.

* * * * *
    (b) Whenever the quality assurance procedures in Sec.  98.424(b)
cannot be followed to determine concentration of the CO2
stream, the most appropriate of the following missing data procedures
shall be followed:
* * * * *

Subpart RR--Geologic Sequestration of Carbon Dioxide

0
85. Section 98.446 is amended by adding paragraph (g) to read as
follows:

Sec.  98.446  Data reporting requirements.

* * * * *
    (g) Whether the CO2 stream is being injected into
subsurface geologic formations to enhance the recovery of oil or
natural gas.

Subpart TT--Industrial Waste Landfills

0
86. Table TT-1 to Subpart TT of Part 98 is amended by:
0
a. Removing the entry ``Pulp and Paper (other than industrial
sludge)'';
0
b. Adding a heading entry for ``Pulp and Paper Industry:'', and
subordinate entries for ``Boiler Ash'', ``Wastewater Sludge'', ``Kraft
Recovery Wastes'', and ``Other Pulp and Paper Wastes (not otherwise
listed)'' to follow the entry for ``Food Processing (other than
industrial sludge)'';
0
c. Revising the entry ``Industrial Sludge'' and footnote a; and
0
d. Adding footnote ``b''.
    The revisions and additions read as follows:

      Table TT-1 to Subpart TT of Part 98--Default DOC and Decay Rate Values for Industrial Waste Landfills
----------------------------------------------------------------------------------------------------------------
                                                    DOC (weight                     k [moderate
               Industry/Waste Type                 fraction, wet  k [dry climate  climate a] (yr- k [wet climate
                                                      basis)         a] (yr-1)          1)           a] (yr-1)
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Pulp and Paper Industry:
    Boiler Ash..................................           0.06             0.02            0.03            0.04
    Wastewater Sludge...........................           0.12             0.02            0.04            0.06
    Kraft Recovery Wastes b.....................           0.025            0.02            0.03            0.04
    Other Pulp and Paper Wastes (not otherwise             0.20             0.02            0.03            0.04
     listed)....................................

                                                  * * * * * * *
Industrial Sludge (other than pulp and paper               0.09             0.02            0.04            0.06
 industry sludge)...............................

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ The applicable climate classification is determined based on the annual rainfall plus the recirculated
  leachate application rate. Recirculated leachate application rate (in inches/year) is the total volume of
  leachate recirculated from company records or engineering estimates and applied to the landfill divided by the
  area of the portion of the landfill containing waste [with appropriate unit conversions]. Dry climate =
  precipitation plus recirculated leachate less than 20 inches/year; Moderate climate = precipitation plus
  recirculated leachate from 20 to 40 inches/year (inclusive); Wet climate = precipitation plus recirculated
  leachate greater than 40 inches/year. Alternatively, landfills that use leachate recirculation can elect to
  use the k value for wet climate rather than calculating the recirculated leachate rate.
\b\ Kraft Recovery Wastes include green liquor dregs, slaker grits, and lime mud, which may also be referred to
  collectively as causticizing or recausticizing wastes.

Subpart UU--Injection of Carbon Dioxide

0
87. Section 98.474 is amended by revising paragraph (c)(2) to read as
follows:

Sec.  98.474  Monitoring and QA/QC requirements.

* * * * *
    (c) * * *
    (2) You must convert all measured volumes of CO2 to the following
standard industry temperature and pressure conditions for use in
Equation UU-2 of this subpart: Standard cubic meters at a temperature
of 60 degrees Fahrenheit and at an absolute pressure of 1 atmosphere.
* * * * *
[FR Doc. 2015-32753 Filed 1-14-16; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: May 21, 2009 (Volume 74, Number 97)]
[Notices]
[Page 23865-23866]
[DOCID:fr21my09-56]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-N-0043]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Irradiation in the
Production, Processing, and Handling of Food

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by June
22, 2009.

ADDRESSES:  To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
FAX:<PHONE_NUMBER>, or e-mailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-0186.
Also include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT: Jonna Capezzuto, Office of Information
Management (HFA-710), Food and Drug Administration, 5600 Fishers Lane,
Rockville, MD 20857,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Irradiation in the Production, Processing, and Handling of Food--(OMB
Control Number 0910-0186)--Extension

    Under sections 201(s) and 409 of the Federal Food, Drug, and
Cosmetic Act (the act) (21 U.S.C. 321(s) and 348), food irradiation is
subject to regulation under the food additive premarket approval
provisions of the act. The regulations providing for uses of
irradiation in the production, processing, and handling of food are
found in part 179 (21 CFR part 179). To ensure safe use of a radiation
source, Sec.  179.21(b)(1) requires that the label of sources bear
appropriate and accurate information identifying the source of
radiation and the maximum (or minimum and maximum) energy of radiation
emitted by x-ray tube sources. Section 179.21(b)(2) requires that the
label or accompanying labeling bear adequate directions for
installation and use and a statement supplied by FDA that indicates
maximum dose of radiation allowed. Section 179.26(c) requires that the
label or accompanying labeling bear a logo and a radiation disclosure
statement. Section 179.25(e) requires that food processors who treat
food with radiation make and retain, for 1 year past the expected shelf
life of the products up to a maximum of 3 years, specified records
relating to the irradiation process (e.g., the food treated, lot
identification, scheduled process, etc.). The records required by Sec.
179.25(e) are used by FDA inspectors to assess compliance with the
regulation that establishes limits within which radiation may be safely
used to treat food. The agency cannot ensure safe use without a method
to assess compliance with the dose limits, and there are no practicable
methods for analyzing most foods to determine whether they have been
treated with ionizing radiation and are within the limitations set
forth in part 179. Records inspection is the only way to determine
whether firms are complying with the regulations for treatment of foods
with ionizing radiation.
    In this request for extension of OMB approval, FDA proposes to
include and consolidate into the subject collection of information (OMB
control number 0910-0186) the collection of information and associated
burden hours from OMB control number 0910-0549. This inclusion is
reflected in the estimated burden reported in table 1 of this document,
which has increased by the addition of one recordkeeper in the large
processors line, increasing the number of estimated recordkeepers from
two to three.
    Description of Respondents: Respondents are businesses engaged in
the irradiation of food.
    In the Federal Register of February 13, 2009 (74 FR 7236), FDA
published a 60-day notice requesting public comment on the information
collection provisions. No comments were received.

    FDA estimates the burden of this collection of information as
follows:

                               Table 1.--Estimated Annual Recordkeeping Burden\1\
----------------------------------------------------------------------------------------------------------------
                      No. of         Annual Frequency       Total Annual
21 CFR Section    Recordkeepers      per Recordkeeping        Records       Hours per  Record     Total Hours
----------------------------------------------------------------------------------------------------------------
179.25(e),                      3                   300                900                  1                900
 large
 processors
----------------------------------------------------------------------------------------------------------------
179.25(e),                      4                    30                120                  1                120
 small
 processors
----------------------------------------------------------------------------------------------------------------
Total           .................  ....................  .................  .................              1,020
----------------------------------------------------------------------------------------------------------------
\1\There are no capital costs or operating and maintenance costs associated with this collection of information.

    FDA bases its estimate of burden for the recordkeeping provisions
of Sec.  179.25(e) on the agency's experience regulating the safe use
of radiation as a direct food additive. The number of firms who process
food using irradiation is extremely limited. FDA estimates that there
are 3 irradiation plants whose business is devoted primarily (i.e.,
approximately 100 percent) to irradiation of food and other
agricultural products. Four other firms also irradiate small quantities
of food. FDA estimates that this irradiation accounts for no more than
10 percent of the business for each of these firms. Therefore, the
average estimated burden is based on: Three facilities devoting 100
percent of their business to food irradiation (3 x 300 hours = 900
hours for recordkeeping annually); four facilities devoting 10 percent
of their business to food irradiation (4 x 30 hours = 120 hours for
recordkeeping annually).
    No burden has been estimated for the labeling requirements in Sec.
179.21(b)(1) and (b)(2) and Sec.  179.26(c) because the information to
be disclosed is information that has been supplied by FDA. Under 5 CFR
1320.3(c)(2), the public disclosure of information originally supplied
by the Federal Government to the recipient for the purpose of
disclosure to the public is not a collection of information.

    Dated: May 14, 2009.
Jeffrey Shuren,
Associate Commissioner for Policy and Planning.

[FR Doc. E9-11931 Filed 5-20-09; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 81, Number 26 (Tuesday, February 9, 2016)]
[Proposed Rules]
[Pages 6824-6825]
[FR Doc No: 2016-02320]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[EPA-HQ-OAR-2015-0309; FRL-9941-81-OAR]
RIN 2060-AS68

Protection of Stratospheric Ozone: Revisions to Reporting and
Recordkeeping for Imports and Exports

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to make minor conforming edits to the
stratospheric protection regulations to implement the International
Trade Data System. In the ``Rules and Regulations'' section of this
Federal Register, we are making these edits as a direct final rule
without a prior proposed rule. If we receive no adverse comment, we
will not take further action on this proposed rule. This system allows
businesses to transmit the transactional data required by multiple
Federal agencies for the import and export of cargo through a single
``window.'' As businesses currently must submit trade data to multiple
agencies, in multiple ways, and often on paper, the transition to
electronic filing is expected to save businesses time and money.
Specifically, this rulemaking would remove the requirement that the
petition for used ozone-depleting substances accompany the shipment
through U.S. Customs and remove references to Customs forms that are
obsolete under the new system.

DATES: Written comments must be received by March 10, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2015-0309, at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Jeremy Arling by regular mail: U.S.
Environmental Protection Agency, Stratospheric Protection Division
(6205T), 1200 Pennsylvania Avenue NW., Washington, DC 20460; by
telephone:<PHONE_NUMBER>; or by email<EMAIL_ADDRESS>You may
also visit the EPA's Ozone Protection Web site at www.epa.gov/ozone/strathome.html for further information about EPA's Stratospheric Ozone
Protection regulations, the science of ozone layer depletion, and other
related topics.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Why is EPA issuing this proposed rule?

    This document proposes to make minor conforming edits to the
stratospheric protection regulations to implement the International
Trade Data System primarily by removing references to specific Customs
forms that will become obsolete under the new system. EPA has published
a direct final rule making these edits in the ``Rules and Regulations''
section of this Federal Register. We view this as a noncontroversial
action and anticipate no adverse comment. We have explained our reasons
for this action in the preamble to the direct final rule. For
additional information on the action being taken, see the direct final
rule published in the Rules and Regulations section of this Federal
Register.
    If we receive no adverse comment, we will not take further action
on this proposed rule. If we receive adverse comment, we will withdraw
the direct final rule and it will not take effect. We would address all
public comments in any subsequent final rule based on this proposed
rule.
    We do not intend to institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
For further information, please see the information provided in the
ADDRESSES section of this document.

B. Does this action apply to me?

    This rulemaking may affect the following categories: Industrial Gas
Manufacturing entities (NAICS code 325120), including fluorinated
hydrocarbon gas manufacturers, importers, and exporters; Other Chemical
and Allied Products Merchant Wholesalers (NAICS code 424690), including
chemical gases and compressed gases merchant importers and exporters;
and refrigerant reclaimers or other such entities that might import
virgin, recovered, or reclaimed refrigerant gas.
    This list is not intended to be exhaustive, but rather to provide a
guide for readers regarding entities likely to be regulated by this
action. To determine whether your facility, company, business, or
organization could be regulated by this action, you should carefully
examine the regulations promulgated at 40 CFR part 82, subpart A. If
you have questions regarding the applicability of this action to a
particular entity, consult the person listed in the preceding section.

II. Statutory and Executive Order Reviews

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

    This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden
under the PRA because the requirements to maintain entry numbers and
EINs are a subset of the previous requirements to maintain forms
containing this information. OMB has previously approved the
information collection activities contained in the existing regulations
and has assigned OMB control number 2060-0170 and 2060-0438.

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. An agency may certify that a
rule will not have a significant economic impact on a substantial
number of small entities if the rule relieves regulatory burden, has no
net burden or otherwise has a positive economic effect on the small

entities subject to the rule. This action makes minor changes to
recordkeeping and reporting requirements to remove references to U.S.
Customs forms and other small edits.

D. Unfunded Mandates Reform Act

    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. The action imposes no enforceable duty on any state,
local or tribal governments or the private sector. This action makes
minor changes to recordkeeping and reporting requirements to remove
references to U.S. Customs forms and other small edits.

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 rulemaking does not significantly or
uniquely affect the communities of Indian tribal governments, nor does
it impose any enforceable duties on communities of Indian tribal
governments. This action makes minor changes to recordkeeping and
reporting requirements to remove references to U.S. Customs forms and
other small edits. Thus, Executive Order 13175 does not apply to this
action.

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

    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not concern an environmental
health risk or safety risk.

H. Executive Order 13211: Actions 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. This action makes minor changes to
recordkeeping and reporting requirements to remove references to U.S.
Customs forms and other small edits.

I. National Technology Transfer and Advancement Act

    This rulemaking does not involve technical standards.

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

    EPA believes the human health or environmental risk addressed by
this action will not have potential disproportionately high and adverse
human health or environmental effects on minority, low-income, or
indigenous populations because it does not affect the level of
protection provided to human health or the environment. This action
makes minor changes to recordkeeping and reporting requirements to
remove references to U.S. Customs forms and other small edits.

List of Subjects in 40 CFR Part 82

    Environmental protection, Administrative practice and procedure,
Air pollution control, Chemicals, Imports, Ozone, Reporting and
recordkeeping requirements.

    Dated: January 21, 2016.
Gina McCarthy,
Administrator.

    For the reasons stated in the preamble, 40 CFR part 82 is proposed
to be amended as follows:

PART 82--PROTECTION OF STRATOSPHERIC OZONE

0
1. The authority citation for part 82 continues to read as follows:

    Authority: 42 U.S.C. 7414, 7601, 7671-7671q.

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2. In Sec.  82.3, revise the definition for ``Importer'' to read as
follows:

Sec.  82.3  Definitions for class I and class II controlled substances.

* * * * *
    Importer means any person who imports a controlled substance or a
controlled product into the United States. ``Importer'' includes the
person primarily liable for the payment of any duties on the
merchandise or an authorized agent acting on his or her behalf. The
term also includes, as appropriate:
    (1) The consignee;
    (2) The importer of record;
    (3) The actual owner; or
    (4) The transferee, if the right to draw merchandise in a bonded
warehouse has been transferred.
* * * * *
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3. In Sec.  82.13, revise paragraphs (g)(1)(xii), (g)(3)(v), and
(g)(3)(viii)(D) to read as follows:

Sec.  82.13  Recordkeeping and reporting requirements for class I
controlled substances.

* * * * *
    (g) * * *
    (1) * * *
    (xii) The U.S. Customs entry number;
* * * * *
    (3) * * *
    (v) To pass the approved used class I controlled substances through
U.S. Customs, the non-objection notice issued by EPA must accompany the
shipment through U.S. Customs.
* * * * *
    (viii) * * *
    (D) The U.S. Customs entry number.
* * * * *
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4. In Sec.  82.24, revise paragraphs (c)(2)(xiii), (c)(4)(v),
(c)(4)(viii)(D), (d)(2)(i), and (d)(3)(i) to read as follows:

Sec.  82.24  Recordkeeping and reporting requirements for class II
controlled substances.

* * * * *
    (c) * * *
    (2) * * *
    (xiii) The U.S. Customs entry number;
* * * * *
    (4) * * *
    (v) To pass the approved used class II controlled substances
through U.S. Customs, the non-objection notice issued by EPA must
accompany the shipment through U.S. Customs.
* * * * *
    (viii) * * *
    (D) The U.S. Customs entry number.
* * * * *
    (d) * * *
    (2) * * *
    (i) The Employer Identification Number of the shipper or their
agent;
* * * * *
    (3) * * *
    (i) The Employer Identification Number of the shipper or their
agent; and
* * * * *
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5. In Sec.  82.104, revise paragraph (m)(2) to read as follows:

Sec.  82.104  Definitions.

* * * * *
    (m) * * *
    (2) The importer of record;
* * * * *
[FR Doc. 2016-02320 Filed 2-8-16; 8:45 am]
 BILLING CODE 6560-50-P