[Federal Register Volume 77, Number 137 (Tuesday, July 17, 2012)]
[Notices]
[Page 41976]
[FR Doc No: 2012-17340]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER10-1825-001; ER10-1827-001.
    Applicants: Cleco Power LLC, Cleco Evangeline LLC.
    Description: Responses to Information Request regarding Notice of
Change in Status filed by Cleco Power LLC, et al.
    Filed Date: 6/26/12.
    Accession Number: 20120626-5088.
    Comments Due: 5 p.m. ET 7/17/12.

    Docket Numbers: ER12-2221-000.
    Applicants: Southern California Edison Company.
    Description: GIA and Distribution Service Agreement SunEdison
Utility Solutions LLC, Hesperia to be effective 7/11/2012.
    Filed Date: 7/10/12.
    Accession Number: 20120710-5000.
    Comments Due: 5 p.m. ET 7/31/12.

    Docket Numbers: ER12-2222-000.
    Applicants: Duke Energy Carolinas, LLC.
    Description: NCEMC NITSA Credits Amendment to be effective 7/1/
2012.
    Filed Date: 7/10/12.
    Accession Number: 20120710-5027.
    Comments Due: 5 p.m. ET 7/31/12.

    Docket Numbers: ER12-2222-001.
    Applicants: Duke Energy Carolinas, LLC.
    Description: Duke Energy Carolinas, LLC submits tariff filing per
35.17(b): Amendment to NCEMC NITSA Filing to be effective 7/1/2012.
    Filed Date: 7/10/12.
    Accession Number: 20120710-5091.
    Comments Due: 5 p.m. ET 7/31/12.

    Docket Numbers: ER12-2223-000.
    Applicants: PacifiCorp.
    Description: Roseburg FP Agreement for Reduction of Network Upgrade
Credit Repayment to be effective 6/28/2012.
    Filed Date: 7/10/12.
    Accession Number: 20120710-5060.
    Comments Due: 5 p.m. ET 7/31/12.

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

    Dated: July 10, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-17340 Filed 7-16-12; 8:45 am]
BILLING CODE 6717-01-P


                             SUPPORTING STATEMENT
                        ENVIRONMENTAL PROTECTION AGENCY

NSPS for Petroleum Refineries (40 CFR Part 60, Subpart Ja) (Renewal)

1.  Identification of the Information Collection

      1(a)  Title of the Information Collection

NSPS for Petroleum Refineries (40 CFR Part 60, Subpart Ja) (Renewal), EPA ICR Number 2263.03, OMB Control Number 2060-0602

      1(b)  Short Characterization/Abstract

      The New Source Performance Standards (NSPS) for the regulations published at 40 CFR part 60, subpart Ja, apply to affected facilities that are constructed, reconstructed, or modified after May 14, 2007.  The affected facilities include:  fluid catalytic cracking units, fluid coking units, delayed coking units, process heaters and other fuel gas combustion devices, and sulfur recovery plants.  Emissions limitations would be used to control emissions of particulate matter (PM), nitrogen oxides (NOx), carbon monoxide (CO), sulfur dioxide (SO2), hydrogen sulfide (H2S) and/or reduced sulfur compounds (RSC).  Work practice standards would apply to depressuring operations and flaring of fuel gases.  Plants would also conduct an analysis of any exceedance or discharge of SO2 emissions that exceeds 500 pounds per day.  Plants would be required to prepare written plans to describe monitoring for the flow to an affected flare, methods to minimize emissions from planned startup and shutdown of process units, and procedures for investigating the causes of large flaring events.
      Owners or operators of the affected facilities would be required to use continuous parameter monitoring systems (CPMS), bag leak detection systems, or continuous emissions monitoring systems (CEMS), depending on the type of unit, pollutant, and control device.  Exemptions are included for low emitters of CO or H2S.  An initial performance test would be required for all affected facilities; some affected facilities using CPMS would be required to conduct more frequent tests.

      Owners or operators of the affected facilities described must make the following one-time-only reports: notification of the date of construction or reconstruction; notification of the actual dates of startup; notification of any physical or operational change to an existing facility which may increase the regulated pollutant emission rate; notification of the date of the initial performance test; and the results of the initial performance test.  In general, these notifications, reports and records are required of all sources subject to NSPS.

      In general, any owner or operator subject to the provisions of this part will maintain a file of these records, and retain the file for at least two years following the date of such measurements, maintenance reports, and records.  Records of all replacements or additions of components shall be kept on file for at least three years.  The reporting requirements for this industry currently include only the initial notifications and initial performance test report listed above.  All reports are sent to the delegated state or local authority.  In the event that there is no such delegated authority, the reports are sent directly to the United States Environmental Protection Agency (EPA) regional office.

      Approximately 18 sources are currently subject to the regulation, (i.e., bulk terminals with a gasoline throughput greater than 75,700 liters/day).  It is estimated that no additional respondents per year will become subject to the regulation in the next three years.

      In the United States, there are approximately18 petroleum refineries facilities which are owned and operated by the bulk gasoline terminals industry (the "Affected Public").  These facilities are privately owned for-profit businesses, and are not owned by state, local, tribal, or the Federal government,.  The burden to the "Affected Public" is listed in Table 1: Annual Industry Burden and Cost  -  NSPS for Petroleum Refineries (40 CFR Part 60, Subpart Ja) (Renewal).  The Federal government burden associated with the review of reports submitted by the respondent is shown in Table 2: Average Annual EPA Burden  -  NSPS Petroleum Refineries (40 CFR Part 60, Subpart Ja) (Renewal).

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

2.  Need for and Use of the Collection

      2(a)  Need/Authority for the Collection

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      The EPA is charged under section 111 of the Clean Air Act (CAA), as amended, to establish standards of performance for new stationary sources that reflect:
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            . . . application of the best technological system of continuous emissions reduction which (taking into consideration the cost of achieving such emissions reduction, or any non-air quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated.  Section 111(a)(l).
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The Agency refers to this charge as selecting the best demonstrated technology (BDT).  Section 111 also requires that the Administrator review and, if appropriate, revise such standards every four years.

      In addition, section 114(a) states that the Administrator may require any owner or operator subject to any requirement of this Act to:

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

      In the Administrator's judgment, CEMS emissions from petroleum refineries cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare.  Therefore, the NSPS was promulgated for this source category at 40 CFR part 60, subpart Ja.

      2(b)  Practical Utility/Users of the Data

      The recordkeeping and reporting requirements in the standard ensure compliance with the applicable regulations which were promulgated in accordance with the Clean Air Act.  In addition, the collected information is used for targeting inspections and as evidence in legal proceedings.

      Performance tests are required in order to determine an affected facility's initial capability to comply with the emission standard.  Continuous emission monitors are used to ensure compliance with the standard at all times.  During the performance tests, a record of the operating parameters under which compliance was achieved may be recorded and used to determine compliance in place of a continuous emission monitor.

      The notifications required in the standard are used to inform the Agency or delegated authority when a source becomes subject to the requirements of the regulations.  The reviewing authority may then inspect the source to ensure that the pollution control devices are properly installed and operated, that leaks are being detected and repaired, and that the standards are being met.  The performance test may also be observed.

      The required semiannual reports are used to determine periods of excess emissions, to identify problems at the facility, to verify operation/maintenance procedures and compliance.

3.  Non-duplication, Consultations, and Other Collection Criteria

      The requested recordkeeping and reporting are required under 40 CFR part 60, subpart Ja.

      3(a)  Non-duplication

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

      3(b)  Public Notice Required Prior to ICR Submission to OMB
      An announcement of a public comment period for the renewal of this ICR was published in the Federal Register (76 FR 26900) on May 9, 2011.  No comments were received on the burden published in the Federal Register.

      3(c)  Consultations

      The Agency's industry experts have been consulted, and the Agency's internal data sources and projections of industry growth over the next three years have been considered.  The primary source of information as reported by industry, in compliance with the recordkeeping and reporting provisions in the standard, is the Online Tracking Information System (OTIS) which is operated and maintained by the EPA Office of Compliance.  OTIS is the EPA database for the collection, maintenance, and retrieval of all compliance data.  The growth rate for the industry is based on our consultations with the Agency's internal industry experts.

      Industry trade associations and other interested parties were provided an opportunity to comment on the burden associated with the standard as it was being developed.  In developing this ICR, we contacted the American Petroleum Institute (API) at<PHONE_NUMBER>, the Oil Price Information Services (OPIS) at<PHONE_NUMBER>, and the Service Station Dealers of America/
National Coalition of Petroleum Retailers and Allied Trades (SSDA/NCPR) at<PHONE_NUMBER>.
--------------------------------------------------------------------------------

--------------------------------------------------------------------------------
      It is our policy to respond after a thorough review of comments received since the last ICR renewal as well as those submitted in response to the first Federal Register notice.
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      3(d)  Effects of Less Frequent Collection

      Less frequent information collection would decrease the margin of assurance that facilities are continuing to meet the standards.  Requirements for information gathering and recordkeeping are useful techniques to ensure that good operation and maintenance practices are applied and emission limitations are met.  If the information required by these standards was collected less frequently, the proper operation and maintenance of control equipment and the possibility of detecting violations would be less likely.

      3(e)  General Guidelines

      These reporting or recordkeeping requirements do not violate any of the regulations promulgated by OMB under 5 CFR part 1320, section 1320.5.

      These standards require the respondents to maintain all records, including reports and notifications for at least five years.  This is consistent with the General Provisions as applied to the standards.  EPA believes that the five-year records retention requirement is consistent with the part 70 permit program and the five-year statute of limitations on which the permit program is based.  The retention of records for five years allows the EPA to establish the compliance history of a source, any pattern of non-compliance, and to determine the appropriate level of enforcement action.  EPA has found that the most flagrant violators have violations extending beyond the five years.  In addition, EPA would be prevented from pursuing the violators due to the destruction or nonexistence of essential records.

      3(f)  Confidentiality

      Any information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to the Agency policies set forth in title 40, chapter 1, part 2, subpart B - Confidentiality of Business Information (CBI) (see 40 CFR 2; 41 FR 36902, September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43 FR 42251, September 20, 1978; 44 FR 17674, March 23, 1979).

      3(g)  Sensitive Questions

      The reporting or recordkeeping requirements in the standard do not include sensitive questions.

4.  The Respondents and the Information Requested

      4(a)  Respondents/SIC Codes

      The respondents to the recordkeeping and reporting requirements are bulk gasoline terminals.  The United States Standard Industrial Classification (SIC) code for the respondents affected by the standards is SIC 2911 which corresponds to the North American Industry Classification System (NAICS) 324110 for petroleum refineries.

      4(b)  Information Requested

      None of these reporting or recordkeeping requirements violate any of the regulations established by OMB at 5 CFR part 1320, section 1320.5.

            (i)  Data Items

      In this ICR, all the data that is recorded or reported is required by NSPS for Petroleum Refineries (40 CFR Part 60, Subpart Ja) (Renewal).

      A source must make the following reports:

                                 Notifications
Construction/reconstruction
60.7(a)(1)
Initial notifications
60.7
Actual Start-up
60.7(a)(3)
Excess emissions report
60.7(c), 60.108a(f)
Initial performance test results
60.8(a)
Notification of initial performance test
60.8(d)
Demonstration of continuous emission monitoring system (CEMS)
60.7(a)(5)
Notification of Compliance status
60.11(a-c)
Physical or Operational Change
60.7(a)(4)
Periodic start-up, shutdown, malfunction reports
60.8(c)
Written work practice plans/root cause analysis
60.103a(a-b)

      A source must keep the following records:

                                Recordkeeping
Start-ups, shutdowns, malfunctions, periods where the continuous monitoring system is inoperative
60.7(b)
All reports and notifications
60.7
Emission test methods and other data needed to determine emissions
60.104a
Written plans, information to document conformance with operation and maintenance requirements, bag leak detection system alarms, records of coke burn-off rate, monitoring exemptions, discharges to flare gas system
60.108a

Electronic Reporting

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      Some of the respondents are using monitoring equipment that automatically records parameter data.  Although personnel at the affected facility must still evaluate the data, internal automation has significantly reduced the burden associated with monitoring and recordkeeping at a plant site.
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      Also, regulatory agencies in cooperation with the respondents continue to create reporting systems to transmit data electronically.  However, electronic reporting systems are not widely used.  At this time, it is estimated that approximately 70 percent of the respondents use electronic reporting.

                             Respondent Activities
Read instructions.
Gather relevant information.
Install, calibrate, maintain, and operate CEMS for opacity, or for pressure drop and liquid supply pressure for wet scrubber
Perform initial performance test, Reference Method 1-6, 8-11, 15.
Write the notifications and reports listed above.
Enter information required to be recorded above.
Submit the required reports developing, acquiring, installing, and utilizing technology and systems for the purpose of collecting, validating, and verifying information.
Develop, acquire, install, and utilize technology and systems for the purpose of processing and maintaining information.
Develop, acquire, install, and utilize technology and systems for the purpose of disclosing and providing information.
Adjust the existing ways to comply with any previously applicable instructions and requirements.
Train personnel to be able to respond to a collection of information.
Transmit, or otherwise disclose the information.

	Currently, sources are using monitoring equipment that provides parameter data in an automated way (e.g., continuous parameter monitoring system).  Although personnel at the source still need to evaluate the data, this type of monitoring equipment has significantly reduced the burden associated with monitoring and recordkeeping.

5.  The Information Collected: Agency Activities, Collection Methodology, and Information Management

      5(a)  Agency Activities

      EPA conducts the following activities in connection with the acquisition, analysis, storage, and distribution of the required information.

                               Agency Activities
Observe initial performance tests and repeat performance tests if necessary.
Review notifications and reports, including performance test reports, excess emissions reports, required to be submitted by industry.
Audit facility records.
Input, analyze, and maintain data in the Online Tracking Information system (OTIS).

      5(b)  Collection Methodology and Management

Following notification of startup, the reviewing authority could inspect the source to determine whether the pollution control devices are properly installed and operational.  Performance test reports are used by the Agency to discern a source's initial capability to comply with the emission standard, and to note the operating conditions under which compliance was achieved.  Data and records maintained by the respondents are tabulated and published for use in compliance and enforcement programs.  The semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations.

      Information contained in the reports is entered into OTIS which is operated and maintained by the EPA Office of Compliance.  OTIS is the EPA database for the collection, maintenance, and retrieval of compliance data for approximately 125,000 industrial and government-owned facilities.  EPA uses OTIS for tracking air pollution compliance and enforcement by local and state regulatory agencies, EPA regional offices, and EPA headquarters.  EPA delegated Authorities can edit, store, retrieve, and analyze the data.

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

      5(c)  Small Entity Flexibility

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

      The specific frequency for each information collection activity within this request is shown in Table 1: Annual Industry Burden for NSPS for NSPS for Petroleum Refineries (40 CFR Part 60, Subpart Ja) (Renewal).

6.  Estimating the Burden and Cost of the Collection

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

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

      6(a)  Estimating Respondent Burden

      The average annual burden to industry over the next three years from these recordkeeping and reporting requirements is estimated to be 2,142 (Total Labor Hours from Table 1).  These hours are based on Agency studies and background documents from the development of the regulation, Agency knowledge and experience with the NSPS program, the previously approved ICR, and any comments received.

      6(b)  Estimating Respondent Costs

            (i)  Estimating Labor Costs

      This ICR uses the following labor rates:

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            Managerial	$119.36 ($56.84 + 110%)
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            Technical	$99.18 ($47.23 + 110%)
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            Clerical	$49.35 ($23.50 + 110%)
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These rates are from the United States Department of Labor, Bureau of Labor Statistics, March 2011, "Table 2. Civilian Workers, by Occupational and Industry group."  The rates are from column 1, "Total Compensation."  The rates have been increased by 110 percent to account for the benefit packages available to those employed by private industry.

            (ii)  Estimating Capital/Startup and Operation and Maintenance Costs

      The type of industry costs associated with the information collection activities in the subject standard are both labor costs, which are addressed elsewhere in this ICR, and the costs associated with continuous monitoring.  The capital/startup costs are one-time costs when a facility becomes subject to the regulation.  The annual operation and maintenance costs are the ongoing costs to maintain the monitor and other costs, such as photocopying and postage.

            (iii)  Capital/Startup vs. Operation and Maintenance (O&M) Costs

         Capital/Startup vs. Operation and Maintenance (O&M) Costs
                                      (A)
                         Continuous Monitoring Device
                                      (B)
                    Capital/Startup Cost for One Respondent
                                      (C)
                         Number of New Respondents [1]
                                      (D)
                          Total Capital/Startup Cost
                                   (B X C)
                                      (E)
                    Annual O&M Costs for One Respondent
                                      (F)
                    Number of Respondents with O&M [1]
                                      (G)
                                Total O&M,
                                   (E X F)
CEMS
                                    $19,000
                                       0
                                      $0
                                    $15,520
                                      18
                                  $1,676,160
Total

                                      $0

                                  $1,676,160
 1 This is based on 6 CEMS per respondent

      The total capital/startup costs for this ICR are $0.  This is the total of column D in the above table.

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      The total operation and maintenance (O&M) costs for this ICR are $1,676,160.  This is the total of column G.

      The average annual cost for capital/startup and operation and maintenance costs to industry over the next three years of the ICR is estimated to be $1,676,160

      6(c)  Estimating Agency Burden and Cost

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      The only costs to the Agency are those costs associated with analysis of the reported information.  EPA's overall compliance and enforcement program includes activities such as: the examination of records maintained by the respondents; periodic inspection of sources of emissions; and the publication and distribution of collected information.
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      The average annual Agency cost during the three years of the ICR is estimated to be $7,836.
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      This cost is based on the average hourly labor rate as follows:

		Managerial	$62.27 (GS-13, Step 5, $38.92 + 60%)
		Technical	$46.21 (GS-12, Step 1, $28.88 + 60%)
		Clerical	$25.01 (GS-6, Step 3, $15.63 + 60%)
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These rates are from the Office of Personnel Management (OPM) "2011 General Schedule" which excludes locality rates of pay.  The rates have been increased by 60 percent to account for the benefit packages available to government employees.  Details upon which this estimate is based appear in Table 2: Average Annual EPA Burden, NSPS for Petroleum Refineries (40 CFR Part 60, Subpart Ja) (Renewal).
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      6(d)  Estimating the Respondent Universe and Total Burden and Costs

	Based on our research for this ICR, on average over the next three years, approximately 18 existing respondents will be subject to the standard.  It is estimated that no additional respondent per year will become subject to the standard.  The overall average number of respondents, as shown in the table below, is 18 per year.

	The number of respondents is calculated using the following table that addresses the three years covered by this ICR.

--------------------------------------------------------------------------------
Number of Respondents
--------------------------------------------------------------------------------
Year
--------------------------------------------------------------------------------
(A)
--------------------------------------------------------------------------------
Number of New Respondents [1]
--------------------------------------------------------------------------------
(B)
--------------------------------------------------------------------------------
Number of Existing Respondents
--------------------------------------------------------------------------------
(C)
--------------------------------------------------------------------------------
Number of Existing Respondents That Keep Records But Do Not Submit Reports
--------------------------------------------------------------------------------
(D)
--------------------------------------------------------------------------------
Number of Existing Respondents That Are Also New Respondents
--------------------------------------------------------------------------------
(E)
--------------------------------------------------------------------------------
Number of Respondents
--------------------------------------------------------------------------------
(E=A+B+C-D)
--------------------------------------------------------------------------------
1
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
18
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
18
--------------------------------------------------------------------------------
2
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
18
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
18
--------------------------------------------------------------------------------
3
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
18
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
18
--------------------------------------------------------------------------------
Average
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
18
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
18
--------------------------------------------------------------------------------
      [1] New respondents include sources with constructed, reconstructed, and modified affected facilities.
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      To avoid double-counting respondents, column D is subtracted.  As shown above, the average Number of Respondents over the three-year period of this ICR is 18.

      The total number of annual responses per year is calculated using the following table:

--------------------------------------------------------------------------------
Total Annual Responses
--------------------------------------------------------------------------------
(A)
--------------------------------------------------------------------------------
Information Collection Activity
--------------------------------------------------------------------------------
(B)
--------------------------------------------------------------------------------
Number of Respondents
--------------------------------------------------------------------------------
(C)
--------------------------------------------------------------------------------
Number of Responses
--------------------------------------------------------------------------------
(D)
--------------------------------------------------------------------------------
Number of Existing Respondents That Keep Records But Do Not Submit Reports
--------------------------------------------------------------------------------
(E)
--------------------------------------------------------------------------------
Total Annual Responses
--------------------------------------------------------------------------------
E=(BxC)+D
--------------------------------------------------------------------------------
Initial of construction/reconstruction
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
Notification of anticipated startup
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
Notification of actual startup
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
Notification of performance test
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
Semiannual reports of excess emission
--------------------------------------------------------------------------------
18
--------------------------------------------------------------------------------
2
--------------------------------------------------------------------------------
36
--------------------------------------------------------------------------------
36
--------------------------------------------------------------------------------

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

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

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Total
--------------------------------------------------------------------------------
36

      The number of Total Annual Responses is 36.

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      The total annual labor costs are $197,720.  Details regarding these estimates may be found in Table 1: Annual Industry Burden and Cost  -  NSPS for Petroleum Refineries (40 CFR Part 60, Subpart Ja) (Renewal).

      6(e)  Bottom Line Burden Hours Burden Hours and Cost Tables

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      The detailed bottom line burden hours and cost calculations for the respondents and the Agency are shown in Tables 1 and 2, respectively, and summarized below.
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            (i)  Respondent Tally

--------------------------------------------------------------------------------
      The total annual labor hours are 2,142.  Details regarding these estimates may be found in Table 1: Annual Respondent Burden and Cost: NSPS for Petroleum Refineries (40 CFR Part 60, Subpart Ja) (Renewal).

      Furthermore, the annual public reporting and recordkeeping burden for this collection of information is estimated to average 59 hours per response.
--------------------------------------------------------------------------------

--------------------------------------------------------------------------------
      The total annual capital/startup and operation and maintenance (O&M) costs to the regulated entity is $1,676,160.
--------------------------------------------------------------------------------

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            (ii)  The Agency Tally
--------------------------------------------------------------------------------

--------------------------------------------------------------------------------
      The average annual Agency burden and cost over the next three years is estimated to be 174 labor hours at a cost of $7,836.  See Table 2: Annual Agency Burden and Cost: NSPS for Petroleum Refineries (40 CFR Part 60, Subpart Ja) (Renewal).

      6(f)  Reasons for Change in Burden

      There is a decrease in the labor hours and cost in this ICR compared to the previous ICR.  Consultations with the Office of Air Quality Planning and Standards (OAQPS) and trade associations revealed that there are approximately eighteen sources subject to the rule, with no new facilities expected to be constructed over the next three years of this ICR.

      Because there are no new sources with reporting requirements, no capital/startup costs are incurred.  The only cost that is incurred is for the O&M of the monitoring equipment.

      6(g)  Burden Statement

      The annual public reporting and recordkeeping burden for this collection of information is estimated to average 59 hours per response.  Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, disclose or provide information to or for a Federal agency.  This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.

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      An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB Control Number.  The OMB Control Numbers for EPA's regulations are listed at 40 CFR part 9 and 48 CFR chapter 15.

      To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number EPA-HQ-OECA-2011-0228, which is available for online viewing at www.regulations.gov, or in person viewing at the Enforcement and Compliance Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW, Washington, D.C.  The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.  The telephone number for the Reading Room is<PHONE_NUMBER>, and the telephone number for the Enforcement and Compliance Docket is<PHONE_NUMBER>.  An electronic version of the public docket is available at www.regulations.gov.  This site can be used to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically.  When in the system, select "search," then key in the Docket ID Number identified above.  Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, N.W., Washington, D.C. 20503, Attention: Desk Officer for EPA.  Please include the EPA Docket ID Number EPA-HQ-OECA-2011-0228 and OMB Control Number 2060-0602 in any correspondence.

Part B of the Supporting Statement

      This part is not applicable because no statistical methods were used in collecting this information.

Table 1:  Annual Respondent Burden and Cost  -  NSPS for Petroleum Refineries (40 CFR Part 60, Subpart Ja) (Renewal)

                                  Burden item
                                      (A)
                                    Person
                             hours per occurrence
                                      (B)
                  No. of occurrences per respondent per year
                                      (C)
                     Person hours per respondent per year
                                    (C=AxB)
                                      (D)
                           Respondents per year  [a]
                                      (E)
                       Technical person- hours per year
                                    (E=CxD)
                                      (F)
                       Management person hours per year
                                   (Ex0.05)
                                      (G)
                        Clerical person hours per year
                                    (Ex0.1)
                                      (H)
                                  Total Cost
                                  Per year b

1.  Applications
                                      N/A

2.  Survey and Studies

   Flare management plan
                                      160
                                       1
                                      160
                                       0
                                       0
                                       0
                                       0
                                                                             $0
   Root cause analysis`
                                      40
                                       4
                                      160
                                       0
                                       0
                                       0
                                       0
                                                                             $0
3.  Reporting requirements

     A.  Read instructions
                                       1
                                       1
                                       1
                                       0
                                       0
                                       0
                                       0
                                                                             $0
     B.  Required activities

        Initial performance tests [c]
                                      40
                                       6
                                      320
                                       0
                                       0
                                       0
                                       0
                                                                             $0
        Repeat of performance tests [d]
                                      40
                                      0.2
                                       8
                                       0
                                       0
                                       0
                                       0
                                                                             $0
        Relative accuracy test
                                      24
                                       6
                                      192
                                       0
                                       0
                                       0
                                       0
                                                                             $0
        CEMS audits (RAA or CGA)
                                      36
                                       6
                                      288
                                       0
                                       0
                                       0
                                       0
                                                                             $0
     C.  Create Information

     D.  Gather existing information
                                    See 3B

     E.  Write Report [e]

        Notification of construction/reconstruction
                                       2
                                       7
                                      14
                                       0
                                       0
                                       0
                                       0
                                                                             $0
        Notification of anticipated startup
                                       2
                                       7
                                      14
                                       0
                                       0
                                       0
                                       0
                                                                             $0
        Notification of actual startup
                                       2
                                       7
                                      14
                                       0
                                       0
                                       0
                                       0
                                                                             $0
        Notification of initial performance test
                                       2
                                       7
                                      14
                                       0
                                       0
                                       0
                                       0
                                                                             $0
        Report of performance test
                                    See 3B

        Semiannual reports  of excess emission [f]
                                       8
                                       2
                                      16
                                      18
                                      288
                                     14.4
                                     28.8
                                                                     $31,703.90
Subtotal  for Reporting  Requirements

4.  Recordkeeping requirements

                                     331.2

     A.  Read instructions
                                    See 3A

     B.  Plan activities
                                    See 3B

     C.  Implement Activities
                                    See 3B

     D.  Develop record system
                                      N/A

     E.  Time to enter information

           Records of operating parameters [g]
                                     0.25
                                      350
                                     87.5
                                      18
                                     1,575
                                     78.75
                                     157.5
                                                                    $166,016.60
     F.  Time to train personnel
                                      N/A

     G.  Time for audits
                                      N/A

Subtotal  for Recordkeeping Requirements

                                   1,811.25

Subtotals: Labor Burden and costs

                                     1,863
                                     93.15
                                     186.3
                                                                    $197,720.50
TOTAL LABOR BURDEN AND COST (rounded)

                                   2,142.45
                                     2,142
    (rounded)

                                                                       $197,720

Assumptions:
  [a] 	 We have assumed that there are approximately 18 respondents, with no additional new or reconstructed sources becoming subject to the rule over the next three years.
  [b]  This ICR uses the following labor rates:  $119.36 per hour for Executive, Administrative, and Managerial labor; $99.18 per hour for Technical labor, and $49.35 per hour for Clerical labor.  These rates are from the United States Department of Labor, Bureau of Labor Statistics, March 2011, Table 2. Civilian Workers, by Occupational and Industry groups.  The rates are from column 1, Total Compensation.  The rates have been increased by 110 percent to account for the benefit packages available to those employed by private industry.
[c]  We have assumed that it will take 40 hour for each respondent to perform initial performance tests.  There are 6 CEM units per plant (respondent)
[d]  We have assumed that 20 percent of sources would have to repeat performance test due to failure.
[e]  We have assumed that each respondent will take 2 hours to write report.
[f]  We have assumed that each respondent will take 8 hours twice per year to complete semiannual reports.
[g]  We have assumed that it will take 0.5 hours, 350 times per year for each respondent to enter and operating parameters reports.

Table 2:  Average Annual EPA Burden - NSPS for Petroleum Refineries (40 CFR Part 60, Subpart Ja)  (Renewal)

                                   Activity
                                      (A)
                       EPA person- hours per occurrence
                                      (B)
                     No. of occurrences per plant per year
                                      (C)
                     EPA person- hours per plant per year
                                    (C=AxB)
                                      (D)
                             Plants per year  [a]
                                      (E)
                       Technical person- hours per year
                                    (E=CxD)
                                      (F)
                       Management person-hours per year
                                   (Ex0.05)

                                      (G)
                        Clerical person-hours per year
                                    (Ex0.1)
                                      (H)
                                  Cost, $ [b]
New Plants

   Initial notification test
                                      24
                                       1
                                      24
                                       0
                                       0
                                       0
                                       0
                                                                             $0
   Report of performance test
                                      24
                                      0.2
                                      4.8
                                       0
                                       0
                                       0
                                       0
                                                                             $0
   Report review

      Notification of construction [c]
                                       2
                                       1
                                       2
                                       0
                                       0
                                       0
                                       0
                                                                             $0
      Notification of anticipated startup [d]
                                      0.5
                                       1
                                      0.1
                                       0
                                       0
                                       0
                                       0
                                                                             $0
      Notification of actual startup [d]
                                      0.5
                                       1
                                      0.5
                                       0
                                       0
                                       0
                                       0
                                                                             $0
      Notification of initial test [d]
                                      0.5
                                       1
                                      0.5
                                       0
                                       0
                                       0
                                       0
                                                                             $0
      Review test results
                                       8
                                       1
                                       8
                                       0
                                       0
                                       0
                                       0
                                                                             $0
Existing Plants

  Emission reports
                                      4.2
                                       2
                                      8.4
                                      18
                                     151.2
                                     7.56
                                     15.12
                                                                      $7,835.86
Subtotals Labor Burden and cost

                                     151.2
                                     7.56
                                     15.12
                                                                       $7,83586
TOTAL ANNUAL BURDEN AND COST

                                      174

                                                                         $7,836

--------------------------------------------------------------------------------
 	Assumptions:
    [a]  We have assumed that there are approximately 18 respondents, with no additional new or reconstructed sources becoming subject to the rule over the next
    three years.
[b]  This cost is based on the following hourly labor rates times a 1.6 benefits multiplication factor to account for government overhead expenses: $62.27 for Managerial (GS-13, Step 5, $38.92 x 1.6), $46.21 for Technical (GS-12, Step 1, $28.88 x 1.6) and $25.01 Clerical (GS-6, Step 3, $15.63 1.6).  These rates are from the Office of Personnel Management (OPM) 2011 General Schedule which excludes locality rates of pay.
[c]  We have assumed that all existing new sources will take 2 hours to complete report.
[d]  We have assumed that all existing sources will each take 0.5 hours to complete report.
e  We have assumed that all existing plants will be required to complete emission reports.


to the commenter, the lack of definitions
in the proposed rulemaking is not only
counter to EPA’s obligation to provide
notice and opportunity for the public to
comment, but also means that each
company will apply its own definition.
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The commenter asserted that EPA’s
failure to define terms in the proposed
rule is not in line with well-established
requirements for notice and comment
under the Administrative Procedures
Act. The commenter also stated that
there is no record in the docket to
support EPA’s claim in the proposed
rule that it has ‘‘confirmed with FDA
that this determination is consistent
with Decision XVII/5 * * *’’ and that
neither agency has provided any
information on the methodology used to
determine that the allocations were in
conformity with the Decision.
In reaching its determination, FDA
used the plain meaning of the phrase
‘‘one-year operational supply.’’ A
company’s ‘‘one-year operational
supply’’ is the amount needed to supply
that company’s manufacturing
operations for one year. One commenter
provided a helpful refinement of this
concept by pointing out that its
operations require a blend of CFCs –11,
–12, and –114, and that the presence of
only one or two of these compounds
does not constitute an operational
supply. This comment suggests that the
use of the phrase in the proposed rule
was sufficiently clear to put commenters
on notice of FDA’s interpretation.
Because the Agency used the plain
meaning of the words ‘‘one-year
operational supply’’ there was no need
to propose a definition for public
comment.
One commenter urged EPA to
consider making essential use allowance
allocations earlier in the year in order to
minimize the logistical challenges posed
in manufacturing essential MDIs. Since
CFC–114 is produced throughout the
year, this commenter could make use of
its allowances if they were awarded
sooner. A second commenter noted that
the domestic ruling on essential use
allowances for 2006 has been delayed
due to extended consideration in the
Montreal Protocol negotiation. As a
result, the commenter stated the opinion
that it is essential that domestic
implementation occur at the earliest
date to allow for production planning
and execution to meet this year’s CFC
MDI producer needs.
EPA makes every effort to allocate
allowances in a timely manner but is
affected by factors beyond its control,
including the timing of Decisions and
the length of the regulatory process
itself. A final decision for 2006
allocations was only taken in December
2005.
E. EPA May Not Allocate Allowances to
Companies That Fail To Demonstrate
Research and Development of
Alternatives
One commenter stated that EPA
should not allocate essential use CFCs
to companies that have not fully
complied with Decision VIII/10 by
clearly establishing that they are
undertaking efforts to develop non-CFC
alternatives. The commenter does not
believe that Armstrong Pharmaceuticals’
research and development program is
adequate to achieve results by the
December 31, 2008 phaseout deadline.
To that end, the commenter
recommends that EPA use its section
114 authority to investigate the resource
commitment and level of effort of any
research and development effort by
Armstrong Pharmaceuticals. Unless EPA
and FDA conclude that Armstrong’s
research and development program has
a realistic chance of success by
December 31, 2008, this commenter
believes that Armstrong should be
denied an essential use exemption in
2006 on this basis.
The Agency agrees that companies
should undertake research efforts to
demonstrate a commitment to eliminate
the need for an exemption, but disagrees
with the premise that such efforts must
be completed by December 31, 2008.
Finally, EPA refers readers to the
extensive discussion on this matter in
the 2005 final allocation rule (70 FR
49838
–9) and to a 2002 Federal Register
notice that addresses this topic (67 FR
6355).
F. Transition to Non-CFC Metered Dose
Inhalers
Two commenters expressed concern
that the allocations may have negative
effects on the transition to non-CFC
MDIs. One of these commenters
recommended that EPA and FDA
consider how CFC allocations at this
end stage might affect transition at the
patient level. According to this
commenter, the proposed allocations for
2006 could result in a transition period
as long as 30 months in which both CFC
and HFA albuterol have a substantial
market share. Both commenters stated
that a mixed market of CFC and HFA
MDIs could have negative health effects
on patients. For example, physicians
might not know which product their
patients are using and patients also may
be confused, which could result in
adverse health outcomes (e.g., since
HFA inhalers may feel different than the
CFC one, patients may overuse the HFA
device). Both commenters also believe
that mixed signals from EPA and FDA
about albuterol and new HFA
technology could cause confusion and
uncertainty. As a result, one of the
commenters believes there could be a
backlash against the MDI transition, if
not about ozone layer protection in
general. In light of these factors, one
commenter expressed the opinion that
the 2006 allocations should send a
message consistent with what has been
occurring in the market place.
Therefore, the commenter urged EPA
and FDA to reevaluate the proposed
allocation of 700 MT for CFC albuterol
MDIs (including 147.7 MT allocated to
one company, which according to the
commenter is more than twice that
company’s one-year operational supply)
so that those allocations do not impede
the transition to non-CFC MDIs.
Another commenter stated that a near-
term, achievable transition date in 2005
or early 2006 would have sent a strong
message to manufacturers, the medical
community, and patients, providing a
catalyst for the planning needed to
transition to non-CFC MDIs. In addition,
given the albuterol shortages reported in
early 2006, this commenter stated that
the continued and expanded availability
of HFA MDIs is critical to ensuring that
additional shortages do not occur and
that the transition is as seamless as
possible for patients.
Both commenters urged EPA and FDA
to use the allocation tool to promote a
smooth transition during the end stage
of the albuterol transition, in which
HFA manufacturers are completing the
scale-up of their production capacity.
One commenter expressed the opinion
that facilitating an orderly and
transparent transition is consistent with
EPA’s authority and affirmative legal
responsibility under the Clean Air Act
to implement the Montreal Protocol.
The commenters state that by limiting
CFCs to only those uses that are
necessary, EPA and FDA would
enhance the likelihood of a smooth
transition in several ways, which
include sending a signal that the U.S. is
serious about facilitating a transition
away from CFC MDIs; reinforcing the
idea that the transition offers positive
opportunities for patients and
physicians to improve medical
outcomes; introducing further certainty
about when HFA MDI supplies will be
adequate; and preventing the market
from sliding back into CFC albuterol, as
this would engender confusion and
risks to patient health.
FDA previously conducted an
extensive regulatory process to
determine when albuterol MDIs would
no longer be considered essential uses,
evaluating the factors raised by the
commenters above. FDA concluded in
that rulemaking that albuterol CFC MDIs
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would no longer be essential at the end
of 2008. As of 2006, however, CFC
albuterol MDIs continue to appear on
FDA’s list of essential MDIs and FDA
has determined that limited production
of new CFCs is necessary to protect
patient safety in 2006. Despite the
continued need for CFC albuterol MDIs,
EPA would note that the transition to
CFC-free albuterol MDIs is well
underway and the number of HFA MDIs
on the market today is evidence of that
fact.
III. Allocation of Essential Use
Allowances for Calendar Year 2006
With this action, EPA is allocating
essential use allowances for calendar
year 2006 to the entities listed in Table
1. These allowances are for the
production or import of the specified
quantity of class I controlled substances
solely for the specified essential use.
TABLE 1.—ESSENTIAL USE ALLOWANCES FOR CALENDAR YEAR 2006
Company Chemical
2006 Quantity
(metric tons)
(i) Metered Dose Inhalers (for oral inhalation) for Treatment of Asthma and Chronic Obstructive Pulmonary Disease
Armstrong Pharmaceuticals .........................................................................................
CFC–11 or CFC–12 or CFC–114 .............
147.50
Boehringer Ingelheim Pharmaceuticals .......................................................................
CFC–11 or CFC–12 or CFC–114 .............
116.50
Inyx (Aventis) ................................................................................................................
CFC–11 or CFC–12 or CFC–114 .............
106.40
Schering-Plough Corporation .......................................................................................
CFC–11 or CFC–12 or CFC–114 .............
556.00
3M Pharmaceuticals .....................................................................................................
CFC–11 or CFC–12 or CFC–114 .............
0.00
Wyeth ...........................................................................................................................
CFC–11 or CFC–12 or CFC–114 .............
76.00
IV. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is a
‘‘significant regulatory action’’ because
it raises novel legal or policy issues.
Accordingly, EPA submitted this action
to the Office of Management and Budget
(OMB) for review under Executive
Order 12866 and any changes made in
response to OMB recommendations
have been documented in the docket for
this action.
EPA prepared an analysis of the
potential costs and benefits related to
this action. This analysis is contained in
the Agency’s Regulatory Impact
Analysis (RIA) for the entire Title VI
phaseout program (U.S. Environmental
Protection Agency, ‘‘Regulatory Impact
Analysis: Compliance with Section 604
of the Clean Air Act for the Phaseout of
Ozone Depleting Chemicals,’’ July
1992). A copy of the analysis is
available in the docket for this action
and the analysis is briefly summarized
here. The RIA examined the projected
economic costs of a complete phaseout
of consumption of ozone-depleting
substances, as well as the projected
benefits of phased reductions in total
emissions of CFCs and other ozone-
depleting substances, including
essential use CFCs used for metered
dose inhalers.
B. Paperwork Reduction Act
This action does not impose any new
information collection burden. The
recordkeeping and reporting
requirements included in this action are
already included in an existing
information collection burden and this
action does not make any changes that
would affect the burden. However, the
Office of Management and Budget
(OMB) has previously approved the
information collection requirements
contained in the existing regulations at
40 CFR 82.8(a) under the provisions of
the Paperwork Reduction Act, 44 U.S.C.
3501 et seq. and has assigned OMB
control number 2060–0170, EPA ICR
number 1432.25. A copy of the OMB
approved Information Collection
Request (ICR) may be obtained from
Susan Auby, Collection Strategies
Division; U.S. Environmental Protection
Agency (2822T); 1200 Pennsylvania
Ave., NW., Washington, DC 20460 or by
calling (202) 566–1672.
Burden means the total time, effort, or
financial resources expended by persons
to generate, maintain, retain, or disclose
or provide information to or for a
Federal agency. This includes the time
needed to review instructions; develop,
acquire, install, and utilize technology
and systems for the purposes of
collecting, validating, and verifying
information, processing and
maintaining information, and disclosing
and providing information; adjust the
existing ways to comply with any
previously applicable instructions and
requirements; train personnel to be able
to respond to a collection of
information; search data sources;
complete and review the collection of
information; and transmit or otherwise
disclose the information.
An agency may not conduct or
sponsor, and a person is not required to
respond to a collection of information
unless it displays a currently valid OMB
control number. The OMB control
numbers for EPA’s regulations in 40
CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
EPA has determined that it is not
necessary to prepare a regulatory
flexibility analysis in connection with
today’s final rule. EPA has also
determined that this rule will not have
a significant economic impact on a
substantial number of small entities. For
purposes of assessing the impact of
today’s final rule on small entities,
small entities are defined as: (1)
Pharmaceutical preparations
manufacturing businesses (NAICS code
325412) that have less than 750
employees; (2) a small governmental
jurisdiction that is a government of a
city, county, town, school district or
special district with a population of less
than 50,000; and (3) a small
organization that is any not-for-profit
enterprise that is independently owned
and operated and is not dominant in its
field.
After considering the economic
impacts of today’s final rule on small
entities, EPA has concluded that this
action will not have a significant
economic impact on a substantial
number of small entities. In determining
whether a rule has a significant
economic impact on a substantial
number of small entities, the impact of
concern is any significant adverse
economic impact on small entities,
since the primary purpose of the
regulatory flexibility analyses is to
identify and address regulatory
alternatives ‘‘which minimize any
significant economic impact of the
proposed rule on small entities.’’ 5
U.S.C. Sections 603 and 604. Thus, an
agency may conclude that a rule will
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not have a significant economic impact
on a substantial number of small entities
if the rule relieves regulatory burden, or
otherwise has a positive economic effect
on all of the small entities subject to the
rule. This rule provides an otherwise
unavailable benefit to those companies
that are receiving essential use
allowances. We have therefore
concluded that this final rule will
relieve regulatory burden for all small
entities.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), Public
Law 104–4, establishes requirements for
Federal agencies to assess the effects of
their regulatory actions on State, local,
and tribal governments and the private
sector. Under section 202 of the UMRA,
EPA generally must prepare a written
statement, including a cost-benefit
analysis, for proposed and final rules
with ‘‘Federal mandates’’ that may
result in expenditures to State, local,
and tribal governments, in the aggregate,
or to the private sector, of $100 million
or more in any one year.
Before promulgating an EPA rule for
which a written statement is needed,
section 205 of the UMRA generally
requires EPA to identify and consider a
reasonable number of regulatory
alternatives and adopt the least costly,
most cost-effective, or least burdensome
alternative that achieves the objectives
of the rule. The provisions of section
205 do not apply when they are
inconsistent with applicable law.
Moreover, section 205 allows EPA to
adopt an alternative other than the least
costly, most cost-effective, or least
burdensome alternative, if the
Administrator publishes with the final
rule an explanation why that alternative
was not adopted.
Before EPA establishes any regulatory
requirements that may significantly or
uniquely affect small governments,
including tribal governments, it must
have developed a small government
agency plan under section 203 of the
UMRA. The plan must provide for
notifying potentially affected small
governments, enabling officials of
affected small governments to have
meaningful and timely input in the
development of EPA regulatory
proposals with significant Federal
intergovernmental mandates, and
informing, educating, and advising
small governments on compliance with
the regulatory requirements.
Today’s rule contains no Federal
mandates (under the regulatory
provisions of Title II of the UMRA) for
State, local, or tribal governments or the
private sector, since it merely provides
exemptions from the 1996 phaseout of
class I ODSs. Similarly, EPA has
determined that this rule contains no
regulatory requirements that might
significantly or uniquely affect small
governments, because this rule merely
allocates essential use exemptions to
entities as an exemption to the ban on
production and import of class I ODSs.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999), requires EPA to develop an
accountable process to ensure
‘‘meaningful and timely input by State
and local officials in the development of
regulatory policies that have federalism


[Federal Register Volume 78, Number 82 (Monday, April 29, 2013)]
[Notices]
[Page 25067]
[FR Doc No: 2013-09988]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP13-160-000]

Northwest Pipeline GP; Notice of Application

    Take notice that on April 12, 2013, Northwest Pipeline GP
(Northwest), 295 Chipeta Way, Salt Lake City, Utah 84108, filed in the
above referenced docket an application pursuant to section 7(c) of the
Natural Gas Act (NGA) and Part 157 of the Commission's regulations,
requesting a certificate of public convenience and necessity
authorizing Northwest to construct and operate the Blue Water Liquefied
Natural Gas (LNG) Meter Station and associated appurtenances at Benton
County, Washington. The Blue Water LNG Meter Station will include three
meters, associated valves and piping, and miscellaneous appurtenance,
all as more fully set forth in the application which is on file with
the Commission and open to public inspection. The filing may also be
viewed on the web at http://www.ferc.gov using the ``eLibrary'' link.
Enter the docket number excluding the last three digits in the docket
number field to access the document. For assistance, please contact
FERC Online Support at<EMAIL_ADDRESS>or toll free at (866)
208-3676, or TTY, contact<PHONE_NUMBER>.
    Any questions concerning this application may be directed to Pam
Barnes, Project Manager, 295 Chipeta Way, Salt Lake City, Utah 84108,
at<PHONE_NUMBER>.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 7 copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed
documents on all other parties. However, the non-party commentors will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit an original and 14 copies of the protest or intervention to the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, D.C. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: May 13, 2013.

    Dated: April 22, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-09988 Filed 4-26-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 125 (Thursday, June 28, 2018)]
[Notices]
[Page 30471]
[FR Doc No: 2018-13886]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83499; File No. SR-BOX-2018-17)]

Self-Regulatory Organizations; BOX Options Exchange LLC; Notice
of Withdrawal of Proposed Rule Change To Amend Rules 7150 and 7245

June 22, 2018.
    On May 14, 2018, BOX Options Exchange LLC (the ``Exchange'') filed
with the Securities and Exchange Commission (``Commission''), pursuant
to Section 19(b)(1) of the Securities Exchange Act of 1934 \1\ and Rule
19b-4 thereunder,\2\ a proposed rule change to amend Rules 7150 and
7245 to provide certain account type information in its Price
Improvement Period and Complex Price Improvement Period auction
notifications. The proposed rule change was published for comment in
the Federal Register on May 31, 2018.\3\ The Commission received no
comment letters on the proposal. On June 20, 2018, the Exchange
withdrew the proposed rule change (SR-BOX-2018-17).
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 83317 (May 24,
2018), 83 FR 25074.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\4\
---------------------------------------------------------------------------

    \4\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-13886 Filed 6-27-18; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: August 27, 2010 (Volume 75, Number 166)]
[Notices]
[Page 52770-52771]
[DOCID:fr27au10-78]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2010-0047]

Agency Information Collection Activities: Proposed Collection;
Comment Request, 1660-0047; Request for Federal Assistance Form--How To
Process Mission Assignments in Federal Disaster Operations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice; 60-day notice and request for comments; extension,
without change, of a currently approved information collection; OMB No.
1660-0047; FEMA Form 010-0-7, Action Request Form; FEMA Form 010-0-8,
Mission Assignment.

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SUMMARY: The Federal Emergency Management Agency, as part of its
continuing effort to reduce paperwork and respondent burden, invites
the general public and other Federal agencies to take this opportunity
to comment on a proposed extension, without change, of a currently
approved information collection. In accordance with the Paperwork
Reduction Act of 1995, this Notice seeks comments concerning the
collection of information necessary to allow FEMA to support the needs
of states during disaster situations through the use of other federal
agency resources.

DATES: Comments must be submitted on or before October 26, 2010.

ADDRESSES: To avoid duplicate submissions to the docket, please use
only one of the following means to submit comments:
    (1) Online. Submit comments at http://www.regulations.gov under
Docket ID FEMA-2010-0047. Follow the instructions for submitting
comments.
    (2) Mail. Submit written comments to Docket Manager, Office of
Chief Counsel, DHS/FEMA, 500 C Street, SW., Room 835, Washington, DC
20472-3100.
    (3) Facsimile. Submit comments to<PHONE_NUMBER>.
    (4) E-mail. Submit comments to<EMAIL_ADDRESS>Include Docket
ID FEMA-2010-0047 in the subject line.
    All submissions received must include the agency name and Docket
ID. Regardless of the method used for submitting comments or material,
all submissions will be posted, without change, to the Federal
eRulemaking Portal at http://www.regulations.gov, and will include any
personal information you provide. Therefore, submitting this
information makes it public. You may wish to read the Privacy Act
notice that is available via the link in the footer of http://
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Contact Muriel Glover, Emergency
Management Specialist, Response Directorate, Business Management
Division, Federal Emergency Management Agency,<PHONE_NUMBER> for
additional information. You may contact the Records Management Division
for copies of the proposed collection of information at facsimile
number<PHONE_NUMBER> or e-mail address: FEMA-Information-Collections-
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under Section 653 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq),
FEMA is authorized to provide assistance to States based on needs
before, during and after a disaster has impacted the state. Information
collected explains which State(s) require assistance, what needs to be

accomplished, details any resource shortfalls, and explains what
assistance is required to meet these needs. Title 44 CFR 206.5 provides
the mechanism by which FEMA collects the information necessary to
determine what resources are needed and if a mission assignment is
appropriate.

Collection of Information

    Title: Request for Federal Assistance Form--How to Process Mission
Assignments in Federal Disaster Operations.
    Type of Information Collection: Extension, without change, of a
currently approved information collection.
    OMB Number: 1660-0047.
    Form Titles and Numbers: FEMA Form 010-0-7, Action Request Form;
FEMA Form 010-0-8, Mission Assignment.
    Abstract: If, during the course of a State's response to a
disaster, the State determines that its capacity to respond exceeds its
available resources, a request to FEMA for assistance can be made. This
request documents how the response requirements exceed the capacity for
the State to respond to the situation on its own and what type of
assistance is required. FEMA reviews this information and can task
other Federal Agencies with a mission assignment to assist the State in
its response to the situation.
    Affected Public: State, local or Tribal Government.
    Estimated Total Annual Burden Hours: 9,620 hours.

                                                       Estimated Annualized Burden Hours and Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of              Avg. burden     Total                   Total
                                                                     Number of    responses     Total        per        annual       Avg.       annual
           Type of respondent              Form name/form number    respondents      per      number of    response   burden (in    hourly    respondent
                                                                                respondent   responses   (in hours)    hours)     wage rate     cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
 State, local or Tribal Government.....   Action Request Form/FF             10         640       6,400          .33    2,133.33      $56.69    $120,938
                                          010-0-7.
 State, local or Tribal Government.....   Mission Assignment/FF              10         320       3,200          .05         160       56.69       9,070
                                          010-0-8.
State, local or Tribal Government......   Training/No Form........           10           2          20         8            160       56.69       9,070
                                        ----------------------------------------------------------------------------------------------------------------
    Total..............................  .........................           10  ..........       9,620  ...........    2,453.33  ..........     139,078
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Estimated Cost: There are no operation and maintenance, or capital
and start-up costs associated with this the collection of information.

Comments

    Comments may be submitted as indicated in the ADDRESSES caption
above. Comments are solicited to (a) evaluate whether the proposed data
collection is necessary for the proper performance of the agency,
including whether the information shall have practical utility; (b)
evaluate the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (c) enhance the quality, utility, and
clarity of the information to be collected; and (d) minimize the burden
of the collection of information on those who are to respond, including
through the use of appropriate automated, electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.

    Dated: Augsut 24, 2010.
Tammi Hines,
Acting Director, Records Management Division, Mission Support Bureau,
Federal Emergency Management Agency, Department of Homeland Security.
[FR Doc. 2010-21434 Filed 8-26-10; 8:45 am]
BILLING CODE 9111-24-P