[Federal Register Volume 80, Number 34 (Friday, February 20, 2015)]
[Rules and Regulations]
[Pages 9204-9207]
[FR Doc No: 2015-03449]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2014-0554; FRL-9923-19-Region 6]

Approval and Promulgation of Implementation Plans; Texas;
Emissions Inventories for the Dallas-Fort Worth and Houston-Galveston-
Brazoria Ozone Nonattainment Areas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the Texas State Implementation Plan (SIP) submitted to
meet Emissions Inventory (EI) requirements of the Clean Air Act (CAA)
for the Dallas-Fort Worth (DFW) and the Houston-Galveston-Brazoria
(HGB) nonattainment areas. EPA is approving the SIP revisions because
they satisfy the CAA EI requirements for the DFW and HGB nonattainment
areas under the 2008 eight-hour ozone National Ambient Air Quality
Standards (NAAQS). EPA is approving the revisions pursuant to section
110 and part D of the CAA and EPA's regulations.

DATES: This direct final rule will be effective April 21, 2015 without
further notice, unless EPA receives adverse comment by March 23, 2015.
If EPA receives adverse comment, we will publish a timely withdrawal of
the direct final rule in the Federal Register informing the public that
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2014-0554, by one of the following methods:
     www.regulations.gov. Follow the online instructions.
     Email: Ms. Nevine Salem at<EMAIL_ADDRESS>     Mail or delivery: Mr. Guy Donaldson, Chief, Air Planning
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202-2733.
    Instructions: Direct your comments to Docket No. EPA-R06-OAR-2014-
0554. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at EPA Region 6,
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the
docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available at either location (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Ms. Nevine Salem,<PHONE_NUMBER>,

<EMAIL_ADDRESS>To inspect the hard copy materials, please
schedule an appointment with Ms. Salem or Mr. Bill Deese at 214-665-
7253.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.

Table of Contents

I. Background
II. EPA's Evaluation
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

A. The 2008 Ozone National Ambient Air Quality Standards (NAAQS) and
Emissions Inventory Requirements

    On March 12, 2008 EPA revised the eight-hour ozone NAAQS from 0.08
parts per million (ppm) to 0.075 ppm. (73 FR 16436, March 27, 2008). On
July 12, 2012 EPA designated nonattainment areas for the 2008 ozone
NAAQS (2008 ozone nonattainment areas) (77 FR 30088, May 21, 2012). The
DFW and HGB areas were designated as nonattainment areas for the 2008
ozone NAAQS. Id. The DFW area consists of Collin, Dallas, Denton,
Ellis, Johnson, Kaufman, Parker, Rockwall, Tarrant and Wise counties.
The HGB area consists of Brazoria, Chambers, Fort Bend, Galveston,
Harris, Liberty, Montgomery and Waller counties.
    CAA sections 172(c)(3) and 182(a)(1) require states to develop and
submit as a SIP revision an emissions inventory for all areas
designated as nonattainment for the ozone NAAQS. 42 U.S.C. 172(c) and
182(a). An emissions inventory is an estimation of actual emissions of
air pollutants in an area. Ground-level ozone, O3, is a gas
that is formed by the reaction of volatile organic compounds (VOCs) and
oxides of nitrogen (NOX) in the atmosphere in the presence
of sunlight. These precursor emissions are emitted by many types of
pollution sources, including power plants and industrial emissions
sources, on-road and off-road motor vehicles and engines, and smaller
sources, collectively referred to as area sources. The EIs provide data
for a variety of air quality planning tasks including establishing
baseline emission levels, calculating federally required emission
reduction targets, emission inputs into air quality simulation models,
and tracking emissions over time. The total EI of VOC and
NOX for an area are summarized from the estimates developed
for five general categories of emissions sources: Point, area, on-road
mobile, non-road mobile, and biogenic. EPA's proposed 2008 ozone
standard SIP requirements rule suggested that states use 2011 as a base
year to address EI requirements (78 FR 34178, 34190, June 6, 2013).

B. SIP Revision Submitted on July 16, 2014

    Texas adopted a SIP revision addressing the emissions inventory
requirements for the DFW and HGB areas on July 2, 2014 and submitted it
to EPA on July 16, 2014. Tables 1 and 2 are the DFW and HGB emissions
inventories in the SIP revision.

                  Table 1--DFW 2011 Emissions Inventory
                          [tons per day or tpd]
------------------------------------------------------------------------
                  Source type                       NOX          VOC
------------------------------------------------------------------------
Point.........................................        39.95        29.80
Area..........................................        42.64       292.49
On-road Mobile................................       238.87        98.36
Non-road Mobile...............................       120.61        55.00
                                               -------------------------
    Total.....................................       442.08       475.65
------------------------------------------------------------------------

                  Table 2--HGB 2011 Emissions Inventory
                                  [tpd]
------------------------------------------------------------------------
                  Source type                       NOX          VOC
------------------------------------------------------------------------
Point.........................................       108.44        94.83
Area..........................................        21.14       308.73
On-road Mobile................................       196.21        82.62
Non-road Mobile...............................       121.11        49.93
                                               -------------------------
    Total.....................................       446.90       536.12
------------------------------------------------------------------------

C. CAA Requirements for the SIP Revision

    The primary CAA requirements pertaining to the SIP revision
submitted by Texas are found in CAA sections 110(l), 172(c)(3) and
182(a)(1). 42 U.S.C. 110(l), 172(c)(3), and 182(a). CAA section 110(l)
requires that a SIP revision submitted to EPA be adopted after
reasonable notice and public hearing. Section 110(l) also requires that
EPA not approve a SIP revision if the revision would interfere with any
applicable requirement concerning attainment and reasonable further
progress, or any other applicable requirement of the CAA. CAA sections
172(c)(3) and 182(a) requires a SIP revision that contains a
comprehensive, accurate, current inventory of actual emissions from all
sources.

II. EPA's Evaluation

    EPA has reviewed the revision for the consistency with the
requirements of EPA regulations. A summary of EPA's analysis is
provided below. For a full discussion of our evaluation, please see our
Technical Support Document (TSD).
    CAA sections 172 (c)(3) and 182(a)(1) require a current inventory
of actual emissions from all sources of relevant pollutants in the
nonattainment areas. EPA Air Emissions Reporting regulations call for
states to provide an emissions inventory from all sources every 3 years
and required a complete inventory for 2011 (40 CFR 51.30).
Additionally, in proposed rulemaking for the 2008 ozone standard we
proposed that the states use 2011 as the base year for EI for the
reasonable further progress emissions reduction SIP requirement (June
6, 2013, 78 FR 34178,

34190). Texas has developed a 2011 base year emissions inventory for
the DFW and HGB nonattainment areas. The 2011 base year emissions
includes all point, area, non-road mobile, and on-road mobile source
emissions. EPA is approving the emission inventory for DFW and HGB
because it contains a comprehensive, accurate, current inventory of
actual emissions from all sources in accordance with CAA sections
172(c)(3) and 182(a). Additionally we find that (1) Texas adopted the
EI for DFW and HGB after reasonable notice and public hearing and (2)
approval would not interfere with any applicable requirement concerning
attainment and reasonable further progress or any other applicable
requirement of the CAA in accordance with CAA Section 110(1). A
technical support document (TSD) was prepared which details our
evaluation. Our TSD may be accessed online at www.regulations.gov,
Docket No. EPA-R06-OAR-2014-0554.

III. Final Action

    We are approving a Texas SIP revision submitted to address the
emissions inventory requirements for the DFW and HGB 2008 ozone
nonattainment areas. The inventories we are approving are listed in
Tables 1 and 2 above.
    EPA is publishing this rule without prior proposal because we view
this as a non-controversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if relevant adverse
comments are received. This rule will be effective on April 21, 2015
without further notice unless we receive relevant adverse comment by
March 23, 2015. If we receive relevant adverse comments, we will
publish a timely withdrawal in the Federal Register informing the
public that the rule will not take effect. We will address all public
comments in a subsequent final rule based on the proposed rule. We will
not institute a second comment period on this action. Any parties
interested in commenting must do so now. Please note that if we receive
relevant adverse comment on an amendment, paragraph, or section of this
rule and if that provision may be severed from the remainder of the
rule, we may adopt as final those provisions of the rule that are not
the subject of an adverse comment.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it
impose substantial direct costs on tribal governments or preempt tribal
law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by April 21, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.

    Dated: February 9, 2015.
Ron Curry,
Regional Administrator, Region 6.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart SS--Texas

0
2. In Sec.  52.2270 (e), the second table titled ``EPA Approved
Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas
SIP'' is amended by adding an entry at the end for ``2011 Emissions
Inventory for the 2008 Ozone NAAQS.''
    The addition reads as follows:

Sec.  52.2270  Identification of plan.

* * * * *
    (e) * * *

              EPA Approved Non-regulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                               Applicable geographic
    Name of SIP provision        or  nonattainment     State submittal/    EPA approval date        Comments
                                        area            effective date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
2011 Emissions Inventory for   Dallas-Fort Worth and          7/16/2014  2/20/2015 [Insert
 the 2008 Ozone NAAQS.          Houston-Galveston-                        Federal Register
                                Brazoria Ozone                            citation].
                                Nonattainment Areas.
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[FR Doc. 2015-03449 Filed 2-19-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 188 (Thursday, September 27, 2018)]
[Notices]
[Pages 48810-48811]
[FR Doc No: 2018-21055]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 3133-032]

Notice of Intent To File License Application, Filing of Pre-
Application Document (PAD), Commencement of Pre-Filing Process, and
Scoping; Request for Comments on the PAD and Scoping Document, and
Identification of Issues and Associated Study Requests; Brookfield
White Pine Hydro LLC & Errol Hydroelectric Co., LLC

    a. Type of Filing: Notice of Intent to File License Application for
a New License and Commencing Pre-filing Process.
    b. Project No.: 3133-032.
    c. Dated Filed: July 31, 2018.
    d. Submitted by: Brookfield White Pine Hydro, LLC & Errol
Hydroelectric Co., LLC.
    e. Name of Project: Errol Hydroelectric Project.
    f. Location: On the Androscoggin River and Lake Umbagog in Coos
County, New Hampshire and Oxford County Maine. The project occupies an
undetermined amount of United States lands under the jurisdiction of
the U.S. Fish and Wildlife Service.
    g. Filed Pursuant to: 18 CFR part 5 of the Commission's
Regulations.
    h. Potential Applicant Contact: Tom Uncher, Vice President,
Brookfield White Pine Hydro, LLC, 339B Big Bay Rd., Qeensbury, NY
12804.
    i. FERC Contact: Kenneth Hogan at<PHONE_NUMBER> or email at:
[email protected].
    j. Cooperating agencies: Federal, state, local, and tribal agencies
with jurisdiction and/or special expertise with respect to
environmental issues that wish to cooperate in the preparation of the
environmental document should follow the instructions for filing such
requests described in item o below. Cooperating agencies should note
the Commission's policy that agencies that cooperate in the preparation
of the environmental document cannot also intervene. See 94 FERC ]
61,076 (2001).
    k. With this notice, we are initiating informal consultation with:
(a) The U.S. Fish and Wildlife Service and/or NOAA Fisheries under
section 7 of the Endangered Species Act and the joint agency
regulations thereunder at 50 CFR, Part 402 and (b) the State Historic
Preservation Officer, as required by section 106, National Historic
Preservation Act, and the implementing regulations of the Advisory
Council on Historic Preservation at 36 CFR 800.2.
    l. With this notice, we are designating Brookfield White Pine
Hydro, LLC, and Errol Hydroelectric Co., LLC, as the Commission's non-
federal representatives for carrying out informal consultation,
pursuant to section 7 of the Endangered Species Act and section 106 of
the National Historic Preservation Act.
    m. Brookfield White Pine Hydro, LLC, and Errol Hydroelectric Co.,
LLC filed with the Commission a Pre-Application Document (PAD;
including a proposed process plan and schedule), pursuant to 18 CFR 5.6
of the Commission's regulations.
    n. A copy of the PAD is available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's website
(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, contact FERC Online Support at
[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY). A copy is also available for inspection and reproduction
at: Brookfield Renewable, 150 Main Street, Lewiston, ME 04240.
    o. Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filing and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    p. With this notice, we are soliciting comments on the PAD and
Commission's staff Scoping Document 1 (SD1), as well as study requests.
All comments on the PAD and SD1, and study requests should be sent to
the address above in paragraph h. In addition, all comments on the PAD
and SD1, study requests, requests for cooperating agency status, and
all communications to and from Commission staff related to the merits
of the potential application must be filed with the Commission.

    The Commission strongly encourages electronic filing. Please file
all documents using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
[email protected] In lieu of electronic filing, you may send
a paper copy to: Secretary, Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426. The first page of any filing
should include docket number P-3133-032.
    All filings with the Commission must bear the appropriate heading:
``Comments on Pre-Application Document,'' ``Study Requests,''
``Comments on Scoping Document 1,'' ``Request for Cooperating Agency
Status,'' or ``Communications to and from Commission Staff.'' Any
individual or entity interested in submitting study requests,
commenting on the PAD or SD1, and any agency requesting cooperating
status must do so by November 30, 2018.
    p. Although our current intent is to prepare an environmental
assessment (EA), there is the possibility that an Environmental Impact
Statement (EIS) will be required. Nevertheless, this notice, associated
scoping meeting, and our scoping process will satisfy the NEPA scoping
requirements, irrespective of whether an EA or EIS is issued by the
Commission.

Scoping Meetings

    Commission staff will hold two scoping meetings in the vicinity of
the project at the times and places noted below. The daytime meeting
will focus on resource agency, Indian tribes, and non-governmental
organization concerns, while the evening meeting is primarily for
receiving input from the public. We invite all interested individuals,
organizations, and agencies to attend one or both of the meetings, and
to assist staff in identifying particular study needs, as well as the
scope of environmental issues to be addressed in the environmental
document. The times and locations of these meetings are as follows:

Daytime Scoping Meeting

    Date and Time: Thursday, October 25, 2018 at 1:00 p.m.
    Location: Errol Town Hall, 33 Main St., Errol, New Hampshire 03579.
    Phone Number:<PHONE_NUMBER>.

Evening Scoping Meeting

    Date and Time: Thursday, October 25, 2018 at 7:00 p.m.
    Location: Errol Town Hall, 33 Main St., Errol, New Hampshire 03579.
    Phone Number:<PHONE_NUMBER>.
    SD1, which outlines the subject areas to be addressed in the
environmental document, was mailed to the individuals and entities on
the Commission's mailing list. Copies of SD1 will be available at the
scoping meetings, or may be viewed on the web at http://www.ferc.gov,
using the ``eLibrary'' link. Follow the directions for accessing
information in paragraph n. Based on all oral and written comments, a
Scoping Document 2 (SD2) may be issued. SD2 may include a revised
process plan and schedule, as well as a list of issues, identified
through the scoping process.

Environmental Site Review

    The potential applicant and Commission staff will conduct an
Environmental Site Review of the project on Wednesday, October 24,
2018, starting at 1:00 p.m. All participants should meet at the Errol
Town Hall, located at: 33 Main Street, Errol, New Hampshire 03579. All
participants are responsible for their own transportation. Anyone with
questions about the site visit should contact Mr. Randy Dorman with
Brookfield Renewable at<PHONE_NUMBER>.

Meeting Objectives

    At the scoping meetings, staff will: (1) Initiate scoping of the
issues; (2) review and discuss existing conditions and resource
management objectives; (3) review and discuss existing information and
identify preliminary information and study needs; (4) review and
discuss the process plan and schedule for pre-filing activity that
incorporates the time frames provided for in Part 5 of the Commission's
regulations and, to the extent possible, maximizes coordination of
federal, state, and tribal permitting and certification processes; and
(5) discuss the appropriateness of any federal or state agency or
Indian tribe acting as a cooperating agency for development of an
environmental document.
    Meeting participants should come prepared to discuss their issues
and/or concerns. Please review the PAD in preparation for the scoping
meetings. Directions on how to obtain a copy of the PAD and SD1 are
included in item n. of this document.

Meeting Procedures

    The meetings will be recorded by a stenographer and will be placed
in the public records of the project.

    Dated: September 19, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-21055 Filed 9-26-18; 8:45 am]
 BILLING CODE 6717-01-P


SUPPORTING STATEMENT NESHAP FOR IRON AND STEEL FOUNDRIES: ( FINAL RULE)

( 40 CFR PART 63, SUBPART EEEEE)

PART A 1.0 Identification of the Information Collection ( a) Title of the Information Collection.

" NESHAP for Iron and Steel Foundries: ( Final Rule) ( 40 CFR part 63, subpart EEEEE)." This is a new information collection request ( ICR) that has been assigned Environmental Protection Agency ( EPA) ICR number 2096.02.

( b) Short Characterization.

Potential respondents are owners or operators of iron and steel foundries that are major sources of hazardous air pollutant ( HAP) emissions. The national emission standard for hazardous air pollutants ( NESHAP) applies to emissions sources in new and existing foundries. Research and development facilities and small scale production operations are not covered by the rule.

The NESHAP sets emissions limits for metal and organic HAP along with operating limits for capture systems and control devices. All respondents are required to prepare and follow an operation and maintenance plan for capture systems, control devices ( including corrective action procedures for bag leak detection system alarms), and mold vent ignition procedures.

Work practice standards require that foundries meet certification requirements for their charge materials or prepare and follow a 2 scrap selection and inspection plan. Respondents also must use binder chemical formulations that contain no methanol ( for the catalyst portion of the formulation). Consistent with the NESHAP General Provisions, all respondents must prepare and follow a startup, shutdown, and malfunction plan.

Respondents demonstrate initial compliance through performance tests and compliance certifications. Continuous compliance is demonstrated through repeat performance tests ( every 5 years for emissions limits and every 6 months for the opacity limit for fugitive emissions from foundry operations).

Foundries also must monitor capture system and control device operating parameters. A continuous emissions monitoring system ( CEMS) is required for automated pallet and cooling lines and automated shakeout lines at new foundries; procedures are included in the rule for requesting alternative monitoring requirements. Installation and operation requirements are included for bag leak detection systems, continuous parameter monitoring systems ( CPMS), and CEMS. Respondents must submit one time notifications as required by the NESHAP General Provisions and semiannual reports of deviations from the rule requirements. An immediate report is required if actions taken in response to the startup, shutdown, or malfunction were not consistent with the startup, shutdown, and malfunction plan.

Respondents must maintain records of specific information to 3 ensure that the rule requirements are being achieved and maintained. These requirements are listed in Attachment 1.

2. Need For and Use of the Collection ( a) Need/ Authority for the Collection.

The EPA is charged under section 112 of the Clean Air Act,

as amended, to establish NESHAP for new or existing major sources or area sources that reflect:

... the maximum degree of reduction in emissions of [ HAP] that is achievable taking into consideration the cost of achieving the emission reduction, any nonair quality health and environmental reduction, and energy requirements. [ section 112( d)( 2)]

This level of control is commonly referred to as the maximum achievable control technology ( MACT). Certain records and reports are necessary for the Administrator to: ( 1) confirm the compliance status of major sources, identify any non major sources not subject to the standards, and identify new or reconstructed sources subject to the standards; and ( 2) ensure that the MACT standards are being achieved. These recordkeeping and reporting requirements are specifically authorized by section 114 of the Act ( 42 U. S. C. 7414) and set out in the NESHAP General Provisions.

( b) Use/ Users of the Data.

The information will be used by Agency enforcement personnel to: ( 1) identify major sources and new or reconstructed sources subject to the standards, ( 2) ensure that MACT is being properly 4 applied, and ( 3) ensure that the emission control devices are being properly operated and maintained on a continuous basis.

Based on the reported information, EPA can decide which plants,

records, or processes should be inspected.

3. Nonduplication, Consultations, and Other Collection Criteria ( a) Nonduplication.

A computer search of the Federal Information Locator System indicated that, with the exception of the New Source Performance Standards for Electric Arc Furnaces ( 40 CFR part 60, subparts AA and AAa), there are no similar information requests being carried out by the Federal government. A similar search of EPA's ongoing ICR's revealed no duplication of information gathering efforts.

Certain reports required by State or local agencies may duplicate information required by the rule. In such cases, a copy of the report submitted to the State or local agency can be provided to the Administrator in lieu of the report required by this rule.

( b) Public Notice Required Prior to ICR Submission to OMB.

This section is not applicable because this is a rulerelated ICR.

( c) Consultations.

This rule was developed in consultation with State and local agencies, EPA Regional Office experts, individual foundries, and their trade associations. For example, several meetings and telephone consultations were held with representatives from the 5 American Foundrymen's Society. The non EPA persons consulted prior to proposal of the standards are identified in Table 1.

TABLE 1. PERSONS CONSULTED ON THE PROPOSED INFORMATION COLLECTION ACTIVITIES Contact Organization Telephone Number Gary Mosher American Foundrymens' Society ( 847) 824 0181 Raymond Monroe Steel Founders' Society of America ( 847) 382 8240 ( d) Effects of Less Frequent Collection.

If the relevant information were collected less frequently,

EPA would not be reasonably assured that a plant is in compliance with the standards.

( e) General Guidelines.

None of the guidelines in 5 CFR 1320.6 are being exceeded.

( f) Confidentiality.

All information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to the Agency policies set forth in Title 40, chapter 1, part 2, subpart B  Confidentiality of Business Information ( see 40 CFR 2; 41 FR 36902, September 1, 1976; amended by 43 FR 39999, September 28,

1978; 43 FR 42251, September 28, 1978; 44 FR 17674, March 23,

1979).

( g) Sensitive Questions.

This section is not applicable because this ICR does not involve matters of a sensitive nature.

4. The Respondents and the Information Requested ( a) Respondents/ NAIC Codes.

Potential respondents are owners or operators of new or existing foundries that are major sources. We estimate that 98 of the 650 existing foundries are major sources that will be 6 subject to the rule requirements. No new foundries are projected during the 3 year period of this ICR. The NAIC codes are 331511 for iron foundries, 331512 for steel investment foundries, and 331513 for steel foundries ( except investment).

( b) Information Requested.

( i) Data Items, Including Recordkeeping Requirements.

Attachment 1, Source Data and Information Requirements,

summarizes the recordkeeping and reporting requirements.

( ii) Respondent Activities. The respondent activities required by the rule are identified in Table 2 and introduced in section 6( a).

5. The Information Collected   Agency Activities, Collection Methodology, and Information Management ( a) Agency Activities.

A list of Agency activities is provided in Table 3 and introduced in section 6( c).

( b) Collection Methodology and Management.

This is not relevant to this information collection request.

( c) Small Entity Flexibility.

A small entity for this industry is defined by the Small Business Administration as a firm having no more than 500 employees. Twenty foundries have been identified as small entities. None of the foundries, including the small entities,

are at risk of closure as a result of the rule. The rule provides a maximum degree of operational flexibility, and the ICR requirements are the minimum necessary to demonstrate compliance.

Affected plants will have 3 years to demonstrate compliance, and the Administrator or permitting authority may grant 1 additional year if more time is needed to install controls.

( d) Collection Schedule.

Information contained in the one time only reports will be entered into the National Compliance Database ( NCDB) operated and 7 maintained by EPA's Office of Enforcement and Compliance Assurance. Data obtained during periodic visits by Agency personnel from records maintained by the respondents will be tabulated and published for internal EPA use in enforcement and compliance programs. A schedule for collection of information and publication of data is not applicable because reports are triggered by actions of the respondents.

6. Estimating the Burden and Cost of the Collection ( a) Estimating Respondent Burden.

The information burden estimates for reporting and recordkeeping are presented in Table 2. These numbers were derived from estimates based on EPA's experience with other standards.

( b) Estimating Respondent Costs.

The information collection activities for the final rule are presented in Table 2. Because much of the data are already collected by respondents or required by existing law, minimal respondent development costs are associated with the information collection activities for the rule.

( i) Estimating Labor Costs. Labor rates and associated costs are based on Bureau of Labor Statistics ( BLS) data.

Technical, management, and clerical average hourly rates for private industry workers were taken from the March 2003 Employment Cost Trends ( http:// stats. bls. gov/ news. release/ ecec. t10. htm).

Wages for white collar occupations are used as the basis for the labor rates with a total compensation of $ 30.54/ hour for technical, $ 44.33/ hour for managerial, and $ 18.88/ hour for clerical. These rates represent salaries plus fringe benefits and do not include the cost of overhead. An overhead rate of 110 percent is used to account for these costs. The fully burdened wage rates used to represent respondent labor costs are:

technical at $ 64.13, management at $ 93.09, and clerical at $ 39.64. 8 ( ii) Estimating Capital and Operations and Maintenance ( O& M)

Costs. As shown in Table 2 ( p. 15), the estimate of capital and operations and maintenance costs is $ 272,600 per year.

( iii) Capital/ Startup vs. O& M Costs. The estimate of capital/ startup costs versus O& M costs is shown in Table 2 ( p. 15). The annual O& M cost over the 3 year period of this ICR is $ 133,300 per year.

( iv) Annualizing Capital Costs. Table 2 ( p. 15) shows an estimate of the annualized cost of capital to be $ 139,300 per year.

( c) Estimating Agency Burden and Cost.

Because the information collection requirements were developed as an incidental part of standards development, no costs can be attributed to the development of the information collection requirements. Because reporting and recordkeeping requirements on the part of the respondents are required under the General Provisions for the MACT standards, no operational costs will be incurred by the Federal Government. Publication and distribution of the information are part of the Compliance Data System, with the result that no Federal costs can be directly attributed to the ICR. Examination of records to be maintained by the respondents will occur incidentally as part of the periodic inspection of sources that is part of EPA's overall compliance and enforcement program, and, therefore, is not attributable to the ICR. The only costs that the Federal government will incur are user costs associated with the analysis of the reported information, as presented in Table 3.

The Agency labor rates are from the Office of Personnel Management ( OPM) 2003 General Schedule which excludes locality rates of pay. These rates can be obtained from Salary Table 2003

GS available on the OPM website,

http:// www. opm. gov/ oca/ 03tables/ pdf/ gs_ h. pdf . The government 9 employee labor rates are $ 13.91/ hour for clerical ( GS 7, Step 1),

$ 29.35 for technical ( GS 13, Step 1), and $ 40.80/ hr for management ( GS 15, Step 1). These rates represent salaries plus fringe benefits and do not include the cost of overhead. An overhead rate of 110 percent is used to account for these costs. The fully burdened wage rates used to represent Agency labor costs are: clerical at $ 22.26; technical at $ 46.96, and management at $ 65.28.

( d) Estimating the Respondent Universe and Total Burden and Costs.

The EPA estimates that 98 foundries will install the required emissions control and monitoring equipment, conduct initial performance tests, prepare the required written plans, and provide the one time notifications during the 3 year clearance period for this ICR. No compliance reports will be submitted during this 3

year period because plants do not have to comply until after the term of this ICR. For the same reason, no costs will be incurred during the 3 year period for inspections, operation and maintenance of control devices and monitoring systems, and mold vent ignition procedures. Details on the number of respondents affected by each individual burden item are provided in the footnotes of Table 2.

( e) Bottom Line Burden Hours and Cost Tables.

( i) Respondent tally. The bottom line respondent burden hours and costs, presented in Table 2, are calculated by adding person hours per year down each column for technical, managerial,

and clerical staff, and by adding down the cost column. The total annual hours are 22,325 hours; the estimated cost is $ 1,354,049 per year including technical, management, and clerical hours. The total cost given in Table 2, including the cost of labor, capital,

operation, and maintenance, is $ 1,626,649 per year. The annualized cost of capital for monitoring devices is $ 139,300 10 averaged over the first 3 years of the ICR. This is based on an equipment lifetime of 20 years, an interest rate of 7 percent, and a capital recovery factor of 0.142. Operation and maintenance costs ( excluding any labor hours given in the labor burden estimate) are estimated at $ 133,300 per year averaged over the 3

year period.

( ii) The Agency tally. The bottom line Agency burden hours and costs, presented in Table 3, are calculated by adding personhours per year down each column for technical, managerial, and clerical staff, and by adding down the cost column. In this case,

total cost is the sum of this total salary cost and total travel expenses for tests attended. The total annual hours are 629. The total annual cost is $ 31,169.

( iii) Variations in the annual bottom line. This section does not apply since no significant variation is anticipated.

( f) Reasons for Change in Burden.

This section does not apply because this is a new ICR.

( g) Burden Statement The average annual respondent burden per facility is estimated at 228 hours. 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. 11 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 part 63 are listed in 40 CFR part 9.

To comment on the Agency's need for this information the accuracy of the provided burden estimates, and any suggestions for minimizing respondent burden, including through the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID No. OAR 2002 0034, which is available for public viewing at the Air and Radiation Docket and Information Center in the EPA Docket Center ( EPA/ DC), EPA West,

Room B 102, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566 1744, and the telephone number for the AIR Docket is ( 202) 566 1742. An electronic version of the public docket is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ docket. Use EDOCKET to submit or view public comments, and to access the index listing of the contents of the public docket that are available electronically. Once in the system, select " search,", then key in the docket ID number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs,

Office of Management and Budget, 725 17th Street, NW, Washington,

DC 20503, Attention Desk Officer for EPA. Please include the EPA Docket ID No. OAR 2002 0034 in any correspondence.

PART B This section is not applicable because statistical methods are not used in data collection associated with this regulation. 12 TABLE 2. ANNUAL RESPONDENT BURDEN AND COST OF REPORTING AND RECORDKEEPING REQUIREMENTS OF THE STANDARD Burden item ( A)

Personhours per occurrence ( B)

No. of occurrences per respondent ( C)

Personhours per respondent ( C= AxB) ( D) Respondents per year ( E) Technical personhours per year ( E= CxD) ( F) Management person hours per year ( Ex0.05) ( G) Clerical personhours per year ( Ex0.1) ( H) Cost,$ a 1. Applications N/ A 2. Surveys and Studies N/ A 3. Acquisition, Installation, and Utilization of Technology and Systems 40 1 40 32.66b 1,306 65 131 $ 91,119 4. Reporting Requirements A. Read instructions 2 1 2 32.66b 65 3 7 $ 4,556 B. Required activities Initial performance tests 70 3.8c 266 32.66b 8,688 434 869 $ 605,944 Followup performance testsd NA VOC CEMS performance evaluation and performance testd NA Startup, shutdown, malfunction plan 34 1 34 32.66b 1,110 56 111 $ 77,452 Operation and maintenance plan 72 1 72 32.66b 2,352 118 235 $ 164,015 Scrap selection/ inspection plan 10 1 10 32.66b 327 16 33 $ 22,780 Scrap inspectionsd NA Monthly inspections of capture systems and maintenance of control devices and monitoring systems, and mold vent ignition pland NA C. Create information See 4B D. Gather existing information See 4B TABLE 2. ANNUAL RESPONDENT BURDEN AND COST OF REPORTING AND RECORDKEEPING REQUIREMENTS OF THE STANDARD Burden item ( A)

Personhours per occurrence ( B)

No. of occurrences per respondent ( C)

Personhours per respondent ( C= AxB) ( D) Respondents per year ( E) Technical personhours per year ( E= CxD) ( F) Management person hours per year ( Ex0.05) ( G) Clerical personhours per year ( Ex0.1) ( H) Cost,$ a 13 E. Write report Notification of applicability 2 1 2 32.66b 65 3 7 $ 4,556 Notification of constr./ reconstr. N/ A Notification of anticipated startup N/ A Notification of actual startup N/ A Notification of special compliance requirements N/ A Compliance extension request 2 1 2 5e 10 0.5 1.0 $ 697 Notification of performance test 2 3.8c 7.6 32.66b 248 12 25 $ 17,313 Site specific test plan 20 3.8c 76 32.66b 2,482 124 248 $ 173,127 Notification of CEMS performance evaluation NA CEMS q/ a plan NA Notification of compliance status 8 1 8 32.66b 261 13 26 $ 18,224 NESHAP waiver application N/ A Report of performance test See 4B Semiannual compliance reportsd NA Emergency startup, shutdown, or malfunction reportsd NA 5. Recordkeeping Requirements A. Read instructions See 4A TABLE 2. ANNUAL RESPONDENT BURDEN AND COST OF REPORTING AND RECORDKEEPING REQUIREMENTS OF THE STANDARD Burden item ( A)

Personhours per occurrence ( B)

No. of occurrences per respondent ( C)

Personhours per respondent ( C= AxB) ( D) Respondents per year ( E) Technical personhours per year ( E= CxD) ( F) Management person hours per year ( Ex0.05) ( G) Clerical personhours per year ( Ex0.1) ( H) Cost,$ a 14 B. Plan activities 3 1 3 32.66b 98.0 4.90 9.80 $ 6,834 C. Implement activities 12 1 12 32.66b 391.9 19.6 39.2 $ 27,336 D. Develop record system 3 1 3 32.66b 98.0 4.90 9.80 $ 6,834 E. Time to enter information 1 52 52 32.66b 1,698 84.9 169.8 $ 118,455 F. Time to train personnel 3 1 3 32.66b 98.0 4.90 9.80 $ 6,834 G. Time to adjust existing ways to comply with previously applicable requirements 3 1 3 32.66b 98.0 4.90 9.80 $ 6,834 H. Time to transmit or disclose information 0.25f 2 0.5 32.66b 16.3 0.8 1.6 $ 1,139 I. Time for audits N/ A TOTAL LABOR BURDEN AND COST 19,413 971 1,941 $ 1,354,049 Annualized cost of capitalg $ 139,300 Operation and maintenance ( O& M) h $ 133,300 Total ( capital recovery plus O& M) $ 272,600 a Costs are based on the following hourly rates: technical at $ 64.13, management at $ 93.09, and clerical at $ 39.64.

b Affects 98 respondents in the third year of the 3 year term of the ICR ( 98/ 3 = 32.66 respondents/ yr).

c Performance tests are required for particulate matter by Method 5 ( or total metal HAP by Method 29), opacity by Method 9, triethylamine by Method 18, and VOHAP by Method 18 or 25A,

depending on the emission source. The performance test notification, test plan, test, and report are required for a total of 377 control devices = 377/ 98 = 3.8 per respondent. d This activity is not applicable because it will not occur in the 3 year term of the ICR.

e Assumes 15 facilities request a compliance extension ( 15 facilities/ 3 yrs = 5/ yr).

f Assumes 15 minutes to transmit recorded information.

g Based on a capital cost of $ 293,700 for continuous parameter monitoring systems and bag leak detectors, 7 percent interest, and 20 year equipment life ( capital recovery factor = 0.142).

Incurred in the third year of the ICR term ($ 418,000/ 3 = $ 139,300/ yr).

h Operation and maintenance cost for continuous parameter monitoring systems and bag leak detectors. Incurred in the third year of the ICR term ($ 400,000/ 3 = $ 133,300/ yr). 15 TABLE 3. ANNUAL BURDEN AND COST TO THE FEDERAL/ STATE GOVERNMENT OF THE STANDARD Activity ( A)

Hours per occurrence ( B)

Hours per plant per year ( C) Plants per year ( D) Technical person hours per year ( D= BxC) ( E) Management person hours per year ( Dx0.05) ( F) Clerical person hours per year ( Dx0.1) ( G)

Cost, $ a Initial performance test 40 40 5b 200 10 20 $ 10,490 Repeat performance test Retesting preparation 2 2 0.0c 0 0.0 0.0 $ 0 Repeat performance Retesting 40 40 0.0c 0 0 0 $ 0 Litigationd Excess Emissions Enforcement Activitiesd Report Review Notification of construction/ reconstruction N/ A Notification of anticipated startup N/ A Notification of actual startup N/ A Notification of special compliance requirements N/ A Notification of applicability 2 2 32.66e 65 3 7 $ 3,426 Notification of initial performance test 2 2 32.66e 65 3 7 $ 3,426 Notification of CEMS performance evaluation NA 0 $ 0 CEMS q/ a plan NA 0 $ 0 Notification of compliance status 4 4 32.66e 131 7 13 $ 6,852 Site specific test plan 2 2 32.66e 65 3 7 $ 3,426 Scrap selection/ inspection plan 0 0 0 $ 0 Repeat performance test report 2 2 0.0c 0 0 0 $ 0 Semi annual compliance reportd NESHAP waiver application 4 4 0.0f 0 0 0 $ 0 Compliance extension request 4 4 5f 20 1 2 $ 1,049 Emergency startup, shutdown, and malfunction reportd TOTAL BURDEN AND COST ( SALARY) 547 27 55 $ 28,669 Travel Expenses for Tests Attended ( 1 person x 5 plants/ yr x 1 day/ plant x $ 100 per diem) + ($ 400/ round trip x 5 round trips/ yr) = $ 2,500 16 TOTAL ANNUAL COST $ 28,669 + $ 2,500 = $ 31,169 a Costs are based on the following hourly rates: technical at $ 46.96, management at $ 65.28, and clerical at $ 22.26.

b Assumes EPA/ State personnel will attend 15 performance tests over 3 years ( 15/ 3 = 5).

c Assumes no plants have to repeat their performance test over the 3 year term of the ICR.

d There will be no compliance activities over the 3 year term of the ICR because compliance is not required until after 3 years.

e For 98 foundries over 3 year term of the ICR ( 98/ 3 = 32.66).

f Assumes 15 plants request compliance extensions ( 15/ 3 = 5 plants per year). 17 ATTACHMENT 1 SOURCE DATA AND INFORMATION REQUIREMENTS Requirement Regulation citation General Provisions citation Record retention a STUDIES AND PLANS Scrap inspection plan 63.7700( c) N/ A Life of the affected source Operation and maintenance plan 63.7710( b) N/ A Life of the affected source Startup, shutdown, and malfunction plan 63.7720( c) 63.6( e)( 3) Life of the affected source; 5 years for previous versions Site specific test plan Table 1 63.7( c) 5 years CEMS performance evaluation test plan and q/ a planb Table 1 63.8( e) 5 years NOTIFICATIONS Applicability 63.7750( a) 63.9( b)( 1)( 3) 5 years Construction/ reconstruction 63.7750( a) 63.9( b)( 4) 5 years Request for extension of compliance 63.7750( a) 63.9( c) 5 years Special compliance requirements 63.7750( a) 63.9( d) 5 years Performance test 63.7750( a) 63.7( b), 63.9( e) 5 years Performance evaluation for VOC CEMSb 63.7750( a) 63.8( e), 63.9( g) 5 years Request for alternative monitoring method 63.7750( a) 63.8( f)( 4) 5 years Compliance status 63.7750( a) 63.9( h) 5 years REPORTS Performance evaluation for VOC CEMSb 63.7741( f) 63.9( g) 5 years Semiannual compliance reports 63.7751( a)( b) N/ A 5 years Immediate SSM reports 63.7751( c) 63.6( e)( 3), 63.10( d)( 5) 5 years RECORDKEEPING Notifications and reports 63.7752( a)( 1) 63.10( b)( 2)( xiv) 5 years SSM plan/ events 63.7752()( 2) 63.6( e)( 3)( iii)( v) 5 years Performance tests and performance evaluations for VOC CEMSb 63.7752( a)( 3) 63.10( b)( 2)( viii) 5 years CEMSb 63.7752( b) 63.10( b)( 2)( vi)( xi) 63.6( h)( 7)( i)( ii) 63.8( d)( 3) 63.10( b)( 2)( i)( ii) 5 years Records to demonstrate compliance 63.7752( c) 63.10( b)( 2)( vii) 5 years a Records for the most recent 2 years must be retained onsite but records for the remaining 3 years may be kept offsite. b Applies to certain lines at new foundries; none are expected over the 3 year clearance period for this ICR.