From:
SINGLETON, KRIS E<EMAIL_ADDRESS>Sent:
Friday, January 15, 2021 11:30 AM
To:
Raymond, Gabrielle<EMAIL_ADDRESS>Jones, DonnaLee<EMAIL_ADDRESS>BATTEN, KATIE M<EMAIL_ADDRESS>Subject:
RE: SunCoke's review - target date

Hi Gabrielle,

We believe option 4 below would be the most appropriate option for charging unit emissions.
I have added the requested information to your spreadsheet and attached here.
Thanks,

Kris

<< SunCoke_Charging_WetCoalCharged SCE comments.xlsx >>

From: Raymond, Gabrielle<EMAIL_ADDRESS>Sent: Monday, January 04, 2021 4:28 PM
To: SINGLETON, KRIS E<EMAIL_ADDRESS>Jones, DonnaLee<EMAIL_ADDRESS>BATTEN, KATIE M<EMAIL_ADDRESS>Subject: RE: SunCoke's review - target date

Hello,

Thank you very much for providing comments and information to EPA's responses.

One issue that EPA wanted to follow up on is regarding calculating tons per year (TPY) for the HNR charging units.

The EPA will use lb/ton wet coal charged values as the industry emission factor unit of measurement starting point for calculating TPY emissions for the units that do not have Coke ICR Enclosure 2 test data (Thank you for providing the Appendix G for confirmation of these values).

With that in mind, the EPA still needs some additional data to use in conjunction with the emission factors in order to calculate TPY emissions.

The EPA response to the SunCoke whole industry data review outlined 4 additional data needed options:
For the new methodology, we need one of these four data options for wet coal charged values to move forward with the TPY calculation:
1) Annual wet coal charged per PCM; or
2) Annual wet coal charged per Battery; or
3) Wet coal charged capacity per PCM w/ CU%; or
4) Wet coal charged capacity per Battery w/ CU%.
Please let us know which additional data option you think is the best methodology for calculating TPY emissions for the charging units.
Attached is the EPA response applicable to this issue for your reference with the tab `Units' for you to input the needed data for all the SunCoke facilities.
SunCoke_Charging_WetCoalCharged.xlsx
Please let us know if you have any questions or if there is something we are misunderstanding about your last response on this issue.

Thank you!
Gabrielle

Gabrielle Raymond
she/her/hers
RTI International
3040 Cornwallis Road
P.O. Box 12194
Research Triangle Park, NC 27709
Phone:<PHONE_NUMBER>


SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

NSPS for VOC Emissions from Petroleum Refinery Wastewater System

1.  Identification of the Information Collection

1(a)  Title of the Information Collection

NSPS for VOC Emissions from Petroleum Refinery Wastewater System (40 CFR
part 60, subpart QQQ) (Renewal)

1(b)  Short Characterization/Abstract

The New Source Performance Standards (NSPS) for volatile organic
compound (VOC) emissions from petroleum refinery wastewater systems for
the regulations published at 40 CFR 60.690 were proposed on May 4, 1987
and promulgated on November 23, 1988.  These standards apply to the
following affected facilities in petroleum refinery wastewater systems:
individual drain systems, oil-water separators, and aggregate facilities
commencing construction, modification or reconstruction after the date
of proposal.  An individual drain system consists of all process drains
connected to the first downstream junction box.  An oil-water separator
is the wastewater treatment equipment used to separate oil from water.
An aggregate facility is an individual drain system together with
ancillary downstream sewer lines and oil-water separators, down to and
including the secondary oil-water separator, as applicable.  Aggregate
facilities are intended to capture any potential VOC emissions within
the petroleum refinery wastewater system during expansions of and
additions to the system.  There are no additional recordkeeping or
reporting requirements for aggregate facilities.  For the purposes of
this document, new facilities are those affected facilities that have
had construction, modification or reconstruction within the last three
years.  This information is being collected to determine compliance with
40 CFR part 60, subpart QQQ.

In general, all NSPS standards require initial notifications,
performance tests, and periodic reports.  Owners or operators are also
required to maintain records of the occurrence and duration of any
startup, shutdown, or malfunction in the operation of an affected
facility, or any period during which the monitoring system is
inoperative.  These notifications, reports, and records are essential in
determining compliance, and are required of all sources subject to NSPS.

Any owner or operator subject to the provisions of this part shall
maintain a file of these measurements, and retain the file for at least
two years following the date of such measurements, maintenance reports,
and records.  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.

Based on our consultations with industry representatives, there is an
average of one affected facility at each plant site and that each plant
site has only one respondent (i.e., the owner/operator of the plant
site).

Over the next three years, an average of 135 facilities per year will be
subject to the standard, and it is estimated that no additional sources
per year will become subject to the standard in the next three years.

There are approximately 135 VOC emissions from petroleum refinery
wastewater systems in the United States, which are all publicly owned
and operated by the petroleum refinery wastewater system industry.  None
of the 135 facilities in the United States are owned by either state,
local, tribal or the Federal Government.  They are all owned and
operated solely by privately owned for-profit businesses.  You can find
the burden to the “Affected Public” listed below in Table 1: Annual
Industry Burden and Cost - NSPS for VOC Emissions from Petroleum
Refinery Wastewater System (40 CFR part 60, subpart QQQ).  The Federal
government burden does not include work performed by Federal employees
only work performed by contractors, which could be found listed below in
Table 2: Average Annual EPA Burden - NSPS for VOC Emissions from
Petroleum Refinery Wastewater System (40 CFR part 60, subpart QQQ).

The Office of Management and Budget (OMB) approved the currently active
ICR without any “Terms of Clearance.”

2.  Need for and Use of the Collection

2(a)  Need/Authority for the Collection

The EPA is charged under section 111 of the Clean Air Act (CAA), as
amended, to establish standards of performance for new stationary
sources that reflect:

. . . 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).

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, VOC emissions from petroleum refinery
wastewater systems 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 QQQ.

2(b)  Practical Utility/Users of the Data

The recordkeeping and reporting requirements in the standard ensure
compliance with the applicable regulations which where promulgated in
accordance with the Clean Air Act.  The collected information is also
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
standard is being met.  The performance test may also be observed.

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

3.  Nonduplication, Consultations, and Other Collection Criteria

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

3(a)  Nonduplication

If the subject standards have not been delegated, the information is
sent directly to the appropriate EPA regional office.  Otherwise, the
information is sent directly to the delegated state or local agency.  If
a state or local agency has adopted their own similar standards to
implement the Federal standards, a copy of the report submitted to the
state or 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 (72 FR 10735) on March 9, 2007.
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 EPA's Office of Compliance.
OTIS is EPA’s 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.
Approximately 135 respondents will be subject to the standard over the
three year period covered by this ICR.

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 and the standard has been previously reviewed to
determine the minimum information needed for compliance purposes.

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.

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.

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

None of the reporting or recordkeeping requirements contain sensitive
questions.

4.  The Respondents and the Information Requested

4(a)  Respondents/SIC Codes

The respondents to the recordkeeping and reporting requirements are
source category description.  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 source category description.
The respondents to the recordkeeping and reporting requirements are
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 recorded or reported is required by the New
Source Performance Standards for VOC Emissions from Petroleum Refinery
Wastewater Systems (40 CFR part 60, subpart QQQ).

A source must make the following reports:

Notifications

Notification of construction or reconstruction	60.7(a)(1)

Notification of modification	60.7(a)(4)

Notification of actual startup date	60.7(a)(3)

Notification of initial performance test	60.8(a)

Notification of election to construct and operate a completely closed
drain system	60.693-1(c) and 60.698(a)

Notification of election to construct and operate a floating roof on an
oil-water separator tank or other subject auxiliary equipment
60.693-2(b) and 60698(a)

Notification of intent to use an alternative means of emission
limitation	60.694(c)

Notification of intent to use a VOC control device other than a carbon
absorber to meet the requirement of 60.692-5(a), with information
describing the control device and the process parameters being monitored
60.695(b)

Demonstration that an alternative operational or process parameter will
ensure that the control device is operated in compliance with standards
60.695(c)

Initial certification that the requirements for equipment and
inspections have been met	60.698(b)(1)

Notification of delay in compliance along with the date of the next
scheduled refinery or process unit shutdown and reasons why delay is
necessary	60.698(e)

Semiannual reports of excess emissions from and performance of
continuous monitoring systems, and/or summary report forms	60.7(c)and
60.7(d)

Semiannual certification and required inspections have been carried out
60.698(b)(1)

Initial performance test data and result for flares	60.8(a) and
60.698(b)(2)

Initial and semiannual inspection reports detailing problems resulting
in VOC emissions and the corrective actions taken	60.698(c)

Semiannual reporting on control device performance	60.698(d)

A source must keep the following records:

Recordkeeping

Maintain records of startups, shutdowns, malfunctions of affected
facilities; malfunctions of control devices; and periods where the
continuous monitoring system is inoperative	60.7(b)

Maintain records of measurements, performance evaluations, calibration
checks, adjustments and maintenance related to continuous monitoring
systems	60.7(f)

Maintain records of location, date, and corrective actions for process
drains not in compliance 	60.697(b)(1)

Maintain records of location, date, and corrective actions for junction
boxes out of compliance	60.697(b)(2)

Maintain records of location, date, and corrective actions for sewer
lines out of compliance	60.697(b)(3)

Maintain records of location, date, and corrective actions for oil-water
separators out of compliance	60.697(c)

Maintain records of location, date and corrective actions for closed
vent systems and completely closed drain systems our of compliance
60.697(d)

Maintain records of expected date of repairs if emission point cannot be
repaired without a process shutdown; reason for delay; signature of
company official who authorizes the delay; and the date of actual
repairs	60.697(e)

Maintain records of copy of design specifications for all equipment used
to comply with the standards	60.697(f)(1) and (2)

Maintain records of information pertaining to the operation and
maintenance of closed-drain systems and closed-vent systems	60.697(f)(3)

Maintain records of location, plans or specifications for inactive
process drains	60.697(g)

Maintain records of location, plans or specifications for exempted storm
water sewer systems	60.697(h)

Maintain records of location, plans or specification for exempted
ancillary equipment	60.697(i)

Maintain records of location, plans or specifications for exempted
non-contact cooling water systems.	60.697(j)

Electronic Reporting

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.

Also, regulatory agencies in cooperation with the respondents continue
to create reporting systems to transmit data electronically.  However,
electronic reporting systems are still not widely used.  At this time,
it is estimated that approximately 10 percent of the respondents use
electronic reporting.

Respondent Activities

Read instructions.

Install, calibrate, maintain, and operate a continuous temperature
monitoring device for thermal or catalytic incinerators; a continuous
VOC monitoring device for regenerative carbon absorbers; and/or a
thermocouple or equivalent device for flares, as applicable.

Perform initial performance test, Reference Method 21 test (Method 22
for flares), and repeat performance tests if necessary.

Write the notification 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 might 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 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 an 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 and its delegated authorities can edit,
store, retrieve and analyze the data.

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

5(d)  Collection Schedule

The specific frequency for each information collection activity within
this request is shown in Table 1: Annual Industry Burden, NSPS for VOC
Emissions from Petroleum Refinery Wastewater Systems (40 CFR part 60,
subpart QQQ).

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 9,237
(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 NESHAP 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:

Managerial	$105.86 ($50.41 + 110%)

Technical	$92.61   ($44.10 + 110%)

Clerical	$45.32   ($21.58 + 110%)

These rates are from the United States Department of Labor, Bureau of
Labor Statistics, December 2006, Table 2. Civilian Workers, by
occupational and industry group.  The rates are from column 1, Total
compensation.  The rates have been increased by 110% to account for the
benefit packages available to those employed by private industry.

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

The only costs to the regulated industry resulting from information
collection activities required by the subject standard are labor 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	(D)

Total Capital/Startup Cost

(B X C)	(E)

Annual O&M Costs for One Respondent	(F)

Number of Respondents with O&M	(G)

Total O&M,

(E X F)

Portable VOC analyzer for non-regenerative carbon absorber 	$2,960	0	0
$130	135	$17,550

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

The total operation and maintenance (O&M) costs for this ICR are
$17,550.  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 $17,550.

6(c)  Estimating Agency Burden and Cost

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.

The average annual Agency cost during the three years of the ICR is
estimated to be $104,576.

This cost is based on the average hourly labor rate as follows:

	Managerial	$58.18 (GS-13, Step 5, $36.36 + 60%)

	Technical	$43.17 (GS-12, Step 1, $26.98 + 60%)

	Clerical	$23.36 (GS-6, Step 3, $14.60 + 60%)

These rates are from the Office of Personnel Management (OPM) 2007
General Schedule which excludes locality rates of pay.  The rates have
been increased by 60% 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 VOC Emissions from
Petroleum Refinery Wastewater Systems (40 CFR part 60, subpart QQQ),
below.

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 135 existing respondents will be subject to the
standard.  It is estimated that no additional respondents per year will
become subject.  The overall average number of respondents, as shown in
the table below is 135 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	(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	135	0	0	135

2	0	135	0	0	135

3	0	135	0	0	135

Average	0	135	0	0	135

1 New respondent include sources with constructed, reconstructed and
modified affected facilities.  In this standard existing respondents
submit initial notifications.

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 135.

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

Notification of construction/reconstruction	0	1	n/a	0

Notification of modification	0	1	n/a	0

Notification of actual startup 	0	1	n/a	0

Initial certification of equipment and inspections	0	1	n/a	0

Initial inspection report detailing emission problems	0	1	n/a	0

Notifications of various intent	0	1	n/a	0

Demonstration for alternative operational or process parameter	0	1	n/a	0

Notification of delay in compliance	0	1	n/a	0

Semiannual report	135	2	n/a	270

Notification of initial performance test	0	1	n/a	0

	Total	270

The number of total respondents is 135

The number of Total Annual Responses is 270.  This is the number in
column E of the Respondent Universe and Number of Responses per year in
table above.

The total annual labor costs are $822,810.  Details regarding these
estimates may be found in Table 1: Annual Industry Burden, NSPS for VOC
Emissions from Petroleum Refinery Wastewater Systems (40 CFR part 60,
subpart QQQ), below.

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

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.

(i) Respondent Tally

The total annual labor costs are $822,810.  Details regarding these
estimates may be found in Table 1. Annual Respondent Burden and Cost:
NSPS VOC Emissions from Petroleum Refinery Wastewater Systems (40 CFR
part 60, subpart QQQ), below.  Furthermore, the annual public reporting
and recordkeeping burden for this collection of information is estimated
to average 34 hours per response.

The total annual capital/startup and O&M cost to the regulated entity
are $17,550.

(ii) The Agency Tally

The average annual Agency burden and cost over next three years is
estimated to be 2,484 labor hours at a cost of $104,576.  See Table 2.
Annual Agency Burden and Cost: NSPS for VOC Emissions from Petroleum
Refinery Wastewater Systems (40 CFR part 60, subpart QQQ), below.

6(f)  Reasons for Change in Burden

There is no change in the labor hours in this ICR compared to the
previous ICR.  This is due to two considerations.  First, the
regulations have not changed over the past three years and are not
anticipated to change over the next three years.  Secondly, the growth
rate for the industry is very low, negative or non-existent, so there is
no significant change in the overall labor hours.

There is however, a change in the cost estimate.  The previous ICR used
a cost figure that was rounded-up ($18,000).  This ICR uses the exact
cost figure ($17,550) resulting in a small cost decrease.

Since there are no changes in the regulatory requirements and there is
not significant industry growth, the labor hours in the previous ICR are
used in this ICR and there is no change in the labor hours to industry.

6(g)  Burden Statement

The annual public reporting and recordkeeping burden for this collection
of information is estimated to average 34 hours per response.  Burden
means the total time, effort, or financial resources expended by persons
to generate, maintain, retain, or disclose or provide information to or
for a Federal agency.  This includes the time needed to review
instructions; develop, acquire, install, and utilize technology and
systems for the purposes of collecting, validating, and verifying
information, processing and maintaining information, and disclosing and
providing information; adjust the existing ways to comply with any
previously applicable instructions and requirements; train personnel to
be able to respond to a collection of information; search data sources;
complete and review the collection of information; and transmit or
otherwise disclose the information.

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

To comment on the Agency's need for this information, the accuracy of
the provided burden estimates, and any suggested methods for minimizing
respondent burden, including the use of automated collection techniques,
EPA has established a public docket for this ICR under Docket ID Number
EPA-HQ-OECA-2007-0044.  An electronic version of the public docket is
available at http://www.regulations.gov which may be used to obtain a
copy of the draft collection of information, submit or view public
comments, access the index listing of the content of the docket,

and to access those documents in the public docket that are available
electronically.  When in the system, select “search” than key in the
docket ID number identified in this document.  The documents are also
available for public viewing at the Enforcement and Compliance Docket
and Information Center in the EPA Docket Center (EPA/DC), EPA West, Room
3334, 1301 Constitution Avenue, N.W., 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<PHONE_NUMBER>, and the telephone number for the
Enforcement and Compliance Docket and Information Center Docket is (202)
566-1752.  Also, you can send comments to the Office of Information and
Regulatory Affairs, Office of Management and Budget, 725 17th Street,
N.W., Washington, DC 20503, Attention: Desk Officer for EPA.  Please
include the EPA Docket ID Number EPA-HQ-OECA-2007-0044 and OMB Control
Number 2060-0172 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 VOC Emissions
from Petroleum Refinery Wastewater System (40 CFR part 60, subpart QQQ)

 	(A)	(B)	(C)	(D)	(E)	(F)	(G)	 (H)

 Burden item 	Person- hours per occurrence	No. of occurrences per
respondent per year	Person- hours per respondent per year (C=AxB)
Respondents per year (a)	Technical person- hours per year (E=CxD)
Management person-hours per year (Ex0.05)

	Clerical person-hours per year

(Ex0.1)

	Cost {$} (b)

1. Applications	N/A

2. Survey and Studies	N/A

3. Reporting requirements

    A.  Read instructions	2	1	2	135	270	13.5	27	$27,657.45

    B.  Required activities

      1.  Inspect drain systems	2	12	24	135	3,240	162	324	$331,889.40

          2.  Inspect oil-water separators	8	2	16	135	2,160	108	216
$221,259.60

          3.  Performance test	330	1	330	0	0	0	0	$0

     C.   Create information 	See 3B

	     D.   Gather existing information	See 3E

	     E.   Write report

    Notification of  construction/

    reconstruction	2	1	2	0	0	0	0	$0

    Notification of modification	2	1	2	0	0	0	0	$0

    Notification of actual startup	2	1	2	0	0	0	0	$0

    Initial certification of equipment

    and inspections	2	1	2	0	0	0	0	$0

    Initial inspection report detailing

    emission problems	2	1	2	0	0	0	0	$0

    Various notifications of intent	2	1	2	0	0	0	0	$0

    Demonstration for alternative

    operational or process parameter	2	1	2	0	0	0	0	$0

    Notification of delay in

    compliance	2	1	2	0	0	0	0	$0

    Semiannual report	8	2	16	135	2,160	108	216	$221,259.60

    Notification of initial

    performance test	2	1	2	0	0	0	0	$0

    Results of performance test	See 3B

	4.  Recordkeeping requirements

  A.  Read instructions	See 3A

	      B.  Plan activities	N/A

      C.  Implement activities	N/A

  D. Develop record system 	N/A

      E.  Enter information

  	1.5	1	1.5	135	202.5	10.13	20.25	$0

      F.  Train personnel	N/A

	  G.  Audits	N/A

	Subtotal

	8,032.5	401.63	803.25	$822,809.67

TOTAL ANNUAL BURDEN AND COST (rounded)

9,237

  $822,810

Assumptions:

a.  We have assumed that the average number of respondents that will be
subject to the rule will be 135.  There will be no additional new
sources per year that will become subject to the rule over the
three-year period of this ICR.

b.  This ICR uses the following labor rates: $105.86 per hour for
Executive, Administrative, and Managerial labor; $92.61 per hour for
Technical labor, and $45.32 per hour for Clerical labor.  These rates
are from the United States Department of Labor, Bureau of Labor
Statistics, December 2006, “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.

c.  We have assumed that each respondent will read instructions once per
year.

d.  We have assumed that each respondent will take two hours to inspect
drain systems twelve time per year.

e.  We have assumed that it will take eight hours for each respondent to
inspect oil-water separators two time per year.

f.  We have assumed that each respondent will take eight hours to write
the semiannual report two time per year.

Table 2:  Average Annual EPA Burden – NSPS VOC Emissions from
Petroleum Refinery Wastewater System (40 CFR part 60, subpart QQQ)

 	(A)	(B)	(C)	(D)	(E)	(F)	(G)	 (H)

Activity 	EPA person- hours per occurrence	No. of occurrences per plant

per year	EPA person- hours per plant per year (C=AxB)	Plants per year
(a)	Technical person- hours per year (E=CxD)	Management person-hours per
year (Ex0.05)

	Clerical person-hours per year

(Ex0.1)

	Cost {$} (b)

Report Review

     Notification of  construction/

     reconstruction	2	1	2	0	0	0	0	$0

 Notification of modification	2	1	2	0	0	0	0	$0

     Notification of actual startup	2	1	2	0	0	0	0	$0

     Initial certification for equipment and

     inspections	2	1	2	0	0	0	0	$0

     Initial inspection detailing emission

     Problems	2	1	2	0	0	0	0	$0

     Notification of various intent c	2	1	2	0	0	0	0	$0

     Demonstration for alternative

     operational or process parameter	2	1	2	0	0	0	0	$0

     Notification of delay in compliance	2	1	2	0	0	0	0	$0

     Notification of initial performance

     Test	2	1	2	0	0	0	0	$0

     Initial performance test report for

     Flares	2	1	2	0	0	0	0	$0

     Review of semiannual reports d	8	2	16	135	2,160	108	216

	Subtotal

	2,160	108	216	$104,576.40

TOTAL ANNUAL BURDEN AND COST (rounded)

2,484

  $104,576

Assumptions:

a.  We have assumed that the average number of respondents that will be
subject to the rule will be 135There will be no additional new sources
that will become subject to the rule over the three-year period of this
ICR.

b.  The cost is based on the following labor rate which incorporates a
1.6 benefits multiplication factor to account for government overhead
expenses.  Managerial rates of $58.18 (GS-13, Step 5, $36.36x1.6),
Technical rate of $43.17 (GS-12, Step 1, $26.96 x 1.6), and Clerical
rate of $23.36 (GS-6, Step 3, $14.60 x 1.6).  These rates are from the
Office of Personnel Management (OPM) “2007 General Schedule” which
excludes locality rates of pay.

c.  The following notification review is included: election to construct
and operate a completely closed drain system; election to construct and
operate a floating roof; intent to use an alternative means of emission
limitation; and intent to use a VOC control device other than a carbon
absorber to meet the requirements of 60.692-5(a).

d. We have assumed that it will take 8 hours two times per year to
review each semiannual report.

 PAGE

 PAGE   18

 PAGE


[Federal Register Volume 83, Number 51 (Thursday, March 15, 2018)]
[Notices]
[Page 11580]
[FR Doc No: 2018-04581]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Rule on Request To Release Airport Property
at the Northeast Philadelphia Airport (PNE), Philadelphia,
Pennsylvania; Correction

AGENCY: Federal Aviation Administration, (FAA), DOT.

ACTION:  Notice; correction.

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

SUMMARY:  The FAA published a document in the Federal Register of
February 27, 2018, concerning requests for comments on its intent to
rule on request to release airport property at the Northeast
Philadelphia Airport, Philadelphia, PA. The document contained
incorrect dates.

FOR FURTHER INFORMATION CONTACT: Ms. Cayla D. Morgan,<PHONE_NUMBER>.

Correction

    In the Federal Register of February 27, 2018, in FR Doc. 2018-
03954, on page 8566, in the second column, correct the Dates caption to
read:

DATES: Comments must be received on or before April 16, 2018.

    Issued in Camp Hill, PA, on February 27, 2018.
Lori K. Pagnanelli,
Manager, Harrisburg Airports District Office.
[FR Doc. 2018-04581 Filed 3-14-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 135 (Friday, July 13, 2012)]
[Rules and Regulations]
[Pages 41259-41260]
[FR Doc No: 2012-16946]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2012-0310; Airspace Docket No. 12-ANM-6]

Modification of Class E Airspace; Plentywood, MT

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action modifies Class E airspace at Plentywood Sher-Wood
Airport, Plentywood, MT. Controlled airspace is necessary to
accommodate aircraft using Area Navigation (RNAV) Global Positioning
System (GPS) standard instrument approach procedures at Plentywood
Sher-Wood Airport. This improves the safety and management of
Instrument Flight Rules (IFR) operations at the airport. This action
also makes a minor adjustment to the geographic coordinates of the
airport.

DATES: Effective date, 0901 UTC, September 20, 2012. The Director of
the Federal Register approves this incorporation by reference action
under 1 CFR part 51, subject to the annual revision of FAA Order 7400.9
and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On April 23, 2012, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to modify controlled airspace at
Plentywood, MT (77 FR 24159). Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the proposal to the FAA. No comments were received. Subsequent to
publication it was brought to the attention of the FAA a minor
adjustment to the geographic coordinates of the airport needed to be
made.
    Class E airspace designations are published in paragraph 6005, of
FAA Order 7400.9V dated August 9, 2011, and effective September 15,
2011, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in that Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
Part 71 by modifying Class E airspace extending upward from 700 feet
above the surface at Plentywood Sher-Wood Airport, Plentywood, MT.
Controlled airspace is necessary to accommodate IFR aircraft using RNAV
(GPS) standard instrument approach procedures at the airport. This
action is necessary for the safety and management of IFR operations.
The geographic coordinates of the airport are adjusted to coincide with
the FAA's aeronautical database.
    The FAA has determined this regulation only involves an established
body of technical regulations for which frequent and routine amendments
are necessary to keep them operationally current. Therefore, this
regulation: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act. The FAA's authority to
issue rules regarding aviation safety is found in Title 49 of the U.S.
Code. Subtitle 1, Section 106 discusses the authority of the FAA
Administrator. Subtitle VII, Aviation Programs, describes in more
detail the scope of the agency's authority. This rulemaking is
promulgated under the authority described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that section, the FAA is charged with
prescribing regulations to assign the use of airspace necessary to
ensure the safety of aircraft and the efficient use of airspace. This
regulation is within the scope of that authority as it modifies
controlled airspace at Plentywood Sher-Wood Airport, Plentywood, MT.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1E, ``Environmental Impacts: Policies and
Procedures,'' paragraph 311a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9V, Airspace

Designations and Reporting Points, dated August 9, 2011, and effective
September 15, 2011 is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

ANM MT E5 Plentywood, MT [Modified]

Plentywood Sher-Wood Airport, MT
    (Lat. 48[deg]47'20'' N., long. 104[deg]31'23'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.8-mile radius of Plentywood Sher-Wood Airport; and that
airspace extending upward from 1,200 feet above the surface bounded
by a line beginning at lat. 49[deg]00'00'' N., long. 105[deg]02'00''
W.; to lat. 49[deg]00'00'' N., long. 104[deg]02'00'' W.; to lat.
48[deg]32'35'' N., long. 104[deg]02'00'' W.; to lat. 48[deg]27'00''
N., long. 104[deg]11'12'' W.; to lat. 48[deg]26'00'' N., long.
104[deg]41'00'' W.; to lat. 48[deg]17'00'' N., long. 104[deg]43'00''
W.; to lat. 48[deg]17'00'' N., long. 105[deg]52'00'' W.; to lat.
48[deg]32'00'' N., long. 105[deg]51'00'' W.; thence to the point of
origin.

    Issued in Seattle, Washington, on July 3, 2012.
John Warner,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2012-16946 Filed 7-12-12; 8:45 am]
BILLING CODE 4910-13-P


a Values are rounded b MACT I Mills include kraft, sulfite, soda, and semi chemical operations. MACT III Mills include mechanical, non wood, and secondary fiber operations.

c One time activity. In out years, after initial compliance date, assume that 5% of mills affected as a result of unexplained exceedances.

d Performed by all mills. ( 155 MACT I Category Mills, 338 Stand alone MACT III category mills)

Assume all MACT I category mills will be afftected by this rule. Assume the only MACT III category mills that will be affected by this rule are the stand alone m ( Available information estimates that only 2% of stand alone MACT III category mills have chlorine bleaching processes ( 2% of 338 = 7, After initial compliance Total number of mills affected by this rule is 155 + 7 = 162 e Estimated that 66.7% of mills will use a recovery boiler, power boiler, or lime kiln for control of pulping vents. There are 140 non sulfite pulping mills. ( 66.7% of f Estimated that 33.3% of mills will use incineration for pulping lines ( 16.7% will provide acceptable design specs ( 24), and 16.7% will conduct performance tests g Estimate includes test plan, test report, and parametric montioring setup. Method 308 tests for pulping lines and method 26A tests for bleaching lines.

Assumed costs for emissions testing of $ 12,000 for method 308 and $ 8,500 for method 26A h Estimate includes test plan, test report, and parametric monitoring setup. Method 304 and 305 are for wastewater streams.

Assumed costs for testing of $ 9,500 for method 304, and $ 14,000 for method 305.

i Assume that all 14 sulfite pulping mills will conduct performance tests.

j 87 MACT I category mills have bleaching lines. 90% will provide acceptable performance specs or previous test results ( 78), 10% will conduct performance test Assume 2 percent of stand alone MACT III category mills have bleaching lines ( 2% of 338= 7). 90% will provide acceptable performance specs or previous tes 10% will conduct performance tests ( 1).

k Estimated that each kraft mill has one pulping wastewater control device. Of the 123 kraft mills, 32 already have steam strippers in use,

and of the 32, all are assumed to conduct condensate segregation and performance tests. Of the 91 mills without control, 40 will use biotreatment control and, 51 will install steam strippers. Facilities installing new steam strippers are assumed to perform initial condenstate segregation and performance tests.

Facilites installing new biotreatment control will perform initial performance tests.

l Estimated that each kraft mill has one pulping wastewater control device. Assumed 33% will use biotreatment. ( 33% of 123 = 40) Per footnote " c," 5 % of 40 m Assume sulfite mills will monitor gas scrubber parameters and use Water 8 Model for emission estimates.

n Assumed that 15% of performance tests are failed and need to be repeated. o Initial and annual activity. Assumed that EPA is notified each year of the testing. Assumed 2/ 3 of all MACT I mills have positive pressure points in their vent sys and will have to test using method 21 ( 2/ 3 x 155 = 103). Assumed purchase of service cost for method 21 test of $ 2,500.

p Assume that 25% of all kraft mills are still required to submit compliance strategy reports ( 25% of 123 kraft mills = 31 affected kraft mills) in order to comply by q Assumed that 15% of all affected mills during any one quarter will be required to submit an exceedance report in addition to the summary report. ( 15% of 162 r EPA must be notified of all tests including repeat performance tests. (( 155 x .05 = 8) 8 x 1.15 x 3 = 28) ( see footnotes c and q)

s Assumed 15% of all affected mills conduct construction or reconstruction per year. ( 15% of 155 = 23)

t Total cost / 3


[Federal Register Volume 77, Number 112 (Monday, June 11, 2012)]
[Proposed Rules]
[Pages 34297-34300]
[FR Doc No: 2012-14094]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2012-0370; FRL-9685-3]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Pittsburgh-Beaver Valley Nonattainment Area
Determinations of Attainment of the 1997 Annual Fine Particulate
Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to make two determinations regarding the
Pittsburgh-Beaver Valley fine particulate matter (PM2.5)
nonattainment area (hereafter referred to as ``the Pittsburgh Area'' or
``the Area''). First, EPA is proposing to determine that the Area has
attained the 1997 annual PM2.5 National Ambient Air Quality
Standard (NAAQS). This proposed determination of attainment is based
upon complete, quality-assured and certified ambient air monitoring
data for the 2008-2010 period and data available to date for 2011,
showing that the Area has monitored attainment of the 1997 annual
PM2.5 NAAQS. If EPA finalizes this proposed determination of
attainment, the requirements for the Area to submit an attainment
demonstration and associated reasonably available control measures
(RACM), a reasonable further progress (RFP) plan, contingency measures,
and other planning State Implementation Plan (SIP) revisions related to
the attainment of the standard shall be suspended for so long as the
Area continues to attain the annual PM2.5 NAAQS. EPA is also
proposing to determine, based on quality-assured and certified
monitoring data for the 2007-2009 monitoring period, that the Area has
attained the 1997 annual PM2.5 NAAQS by its applicable
attainment date of April 5, 2010. These actions are being taken under
the Clean Air Act (CAA).

DATES: Written comments must be received on or before July 11, 2012.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2012-0370 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. Email<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2012-0370, Donna Mastro, Acting Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2012-0370. 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: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103.

FOR FURTHER INFORMATION CONTACT: Emlyn V[eacute]lez-Rosa, (215) 814-
2038, or by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:

I. What are the actions EPA is proposing?
II. What is the background of these actions?
III. What is EPA's analysis of the relevant air quality data?
IV. What are the effects of these actions?
V. Statutory and Executive Order Reviews

I. What are the actions EPA is proposing?

    In accordance with section 179(c)(1) of the CAA, 42 U.S.C.
7509(c)(1), and 40 CFR 51.1004(c), EPA is proposing to determine that
the Pittsburgh Area has attained the 1997 annual PM2.5
NAAQS. The proposal is based upon quality-assured and certified ambient
air monitoring data for the 2008-2010 monitoring periods and data
available to date for 2011 that show that the Pittsburgh Area attained
the 1997 annual PM2.5 NAAQS. EPA is also proposing to
determine, in accordance with EPA's PM2.5 Implementation
Rule of April 25, 2007 (72 FR 20664), that the Pittsburgh Area has
attained the 1997 annual PM2.5 NAAQS by its applicable
attainment date of April 5, 2010, based upon quality-assured and
certified ambient air monitoring data for the 2007-2009 monitoring
periods.

II. What is the background of these actions?

    On July 18, 1997, EPA established an annual PM2.5 NAAQS
at 15.0 micrograms per cubic meter ([mu]g/m\3\) (hereafter referred to
as ``the annual PM2.5 NAAQS'' or ``the annual standard''),
based on a 3-year average of annual mean PM2.5
concentrations (62 FR 36852). At that time, EPA also established a 24-
hour standard of 65 [mu]g/m\3\. See 40 CFR 50.7. The 1997
PM2.5 standards were based on significant evidence and
numerous health studies demonstrating that serious health effects

are associated with exposures to particulate matter.
    The process for designating areas following promulgation of a new
or revised NAAQS is contained in section 107(d)(1) of the CAA. On
January 5, 2005, EPA published its air quality designations and
classifications for the 1997 PM2.5 NAAQS based upon air
quality monitoring data for calendar years 2001-2003 (70 FR 944). These
designations became effective on April 5, 2005. The Pittsburgh Area was
designated nonattainment for the annual PM2.5 NAAQS during
this designations process. The Pittsburgh Area is comprised of the
counties of Beaver, Butler, Washington, and Westmoreland in their
entireties, and portions of Allegheny, Armstrong, Greene, and Lawrence
Counties. See 40 CFR 81.339 (Pennsylvania).
    On October 17, 2006, EPA retained the annual PM2.5 NAAQS
at 15.0 [mu]g/m\3\ based on a 3-year average of annual mean
PM2.5 concentrations and promulgated a new 24-hour standard
of 35 [mu]g/m\3\ (the ``2006 24-hour standard'') based on a 3-year
average of the 98th percentile of 24-hour concentrations (71 FR 61144).
On November 13, 2009, EPA designated the Pittsburgh Area as attainment
for the 2006 24-hour standard (74 FR 58688). In that action, EPA also
clarified the designations for the PM2.5 NAAQS promulgated
in 1997 stating that the Pittsburgh Area was attainment for the 1997
24-hour standard. Today's action, however, does not address either the
1997 or the 2006 24-hour standard.
    In response to legal challenges of the annual standards promulgated
in 2006, the U.S. Court of Appeals for the District of Columbia Circuit
(D.C. Circuit) remanded this standard to EPA for further consideration.
See American Farm Bureau Federation and National Pork Producers
Council, et al. v. EPA, 559 F.3d 512 (D.C. Cir. 2009). However, given
that the 1997 and 2006 annual standards are identical, attainment of
the 1997 annual standard would also indicate attainment of the remanded
2006 annual standard.
    On April 25, 2007, EPA promulgated its PM2.5
implementation rule, codified at 40 CFR part 51, subpart Z, in which
EPA provided guidance for state and tribal plans to implement the 1997
PM2.5 NAAQS (72 FR 20664). This rule, at 40 CFR 51.1004(c),
specifies some of the regulatory consequences of attaining the
standard, as discussed later.

III. What is EPA's analysis of the relevant air quality data?

    Today's proposed rulemaking action determines that the Pittsburgh
Area has met the annual PM2.5 NAAQS, based on the most
recent three years of quality-assured data, and that the Area attained
the annual PM2.5 NAAQS by its applicable attainment date of
April 5, 2010. Under EPA regulations at 40 CFR 50.7, the annual primary
and secondary PM2.5 standards are met when the annual
arithmetic mean concentration, as determined in accordance with 40 CFR
part 50, appendix N, is less than or equal to 15.0 [micro]g/m\3\ at all
relevant monitoring sites in the subject area.
    EPA has determined that the PM2.5 monitoring network for
the Pittsburgh Area is adequate. First, the number of monitors in the
Area meets the minimum regulatory requirements given in 40 CFR part 58,
appendix D. Second, the monitoring is in accordance with the monitoring
plans that have been reviewed and approved by EPA. EPA has reviewed the
quality-assured, quality-controlled, certified ambient air monitoring
data recorded in the EPA's AQS database for PM2.5 for the
Pittsburgh Area from 2007-2009 and 2009-2010, consistent with the
requirements contained in 40 CFR part 50. Preliminary PM2.5
data for 2011, which is not yet quality-assured and quality-controlled,
was also reviewed.
    Table 1 shows the design values (i.e., the 3-year average of annual
mean PM2.5 concentrations) for the annual PM2.5
NAAQS for the Pittsburgh Area monitors for the years 2007-2009. Table 2
shows the design values for the annual PM2.5 NAAQS for the
Pittsburgh Area monitors for the years 2008-2010. Table 3 shows the air
quality preliminary data available to date for 2011. EPA's review of
these data indicates that the Pittsburgh Area has met the annual
PM2.5 NAAQS and that the Area attained the annual
PM2.5 standard by its attainment date of April 5, 2010.

                                                  Table 1--Pittsburgh Area 2007-2009 Annual PM2.5 Data
                                                                     [In [mu]g/m\3\]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                2007-2009
                     County                           Site ID                  Site name                  2007         2008         2009        Design
                                                                                Annual mean  Annual mean  Annual mean     value
--------------------------------------------------------------------------------------------------------------------------------------------------------
Allegheny.......................................     42-003-0067  South Fayette.....................         13.5         10.8         10.8         11.7
Allegheny.......................................     42-003-0093  North Park........................         13.0          (*)          9.6         11.3
Allegheny.......................................     42-003-0095  Moon..............................         13.6          (*)          9.4         11.5
Allegheny.......................................     42-003-1008  Harrison..........................         15.1         13.4         12.7         13.7
Allegheny.......................................     42-003-1301  North Braddock....................         16.6         14.1         12.1         14.3
Beaver..........................................     42-007-0014  Beaver Falls......................         15.9         13.7         13.0         14.2
Washington......................................     42-125-0005  Charleroi.........................         15.6         13.0         12.6         13.7
Washington......................................     42-125-0200  Washington........................         14.8         12.3         11.1         12.7
Washington......................................     42-125-5001  Florence..........................         13.8         11.3         12.2         12.4
Westmoreland....................................     42-129-0008  Greensburg........................         15.3         12.7         13.5         13.8
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Incomplete data.

                                                  Table 2--Pittsburgh Area 2008-2010 Annual PM2.5 Data
                                                                     [in [mu]g/m\3\]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                2008         2009         2010      2008-2010
                     County                           Site ID                  Site name                 Annual       Annual       Annual       Design
                                                                                mean         mean         mean        value
--------------------------------------------------------------------------------------------------------------------------------------------------------
Allegheny.......................................     42-003-0067  South Fayette.....................         10.8         10.8         11.7         11.1
Allegheny.......................................     42-003-0093  North Park........................          (*)          9.6         10.5         10.1
Allegheny.......................................     42-003-0095  Moon..............................          (*)          9.4         11.5         10.5
Allegheny.......................................     42-003-1008  Harrison..........................         13.4         12.7         13.0         13.0
Allegheny.......................................     42-003-1301  North Braddock....................         14.1         12.1         13.7         13.3

Beaver..........................................     42-007-0014  Beaver Falls......................         13.7         13.0         13.2         13.1
Washington......................................     42-125-0005  Charleroi.........................         13.0         12.6         12.5         12.9
Washington......................................     42-125-0200  Washington........................         12.3         11.1         12.1         11.8
Washington......................................     42-125-5001  Florence..........................         11.3         12.2          8.9         10.8
Westmoreland....................................     42-129-0008  Greensburg........................         12.7         13.5         14.0         13.4
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Incomplete data.

                           Table 3--Pittsburgh Area 2011 Preliminary Annual PM2.5 Data
                                               [in [micro]g/m\3\]
----------------------------------------------------------------------------------------------------------------
                                                                                2011
                     County                          Site ID                  Site name                 Annual
                                                                                mean
----------------------------------------------------------------------------------------------------------------
Allegheny......................................     42-003-0067  South Fayette.....................         10.6
Allegheny......................................     42-003-0093  North Park........................         *9.0
Allegheny......................................     42-003-0095  Moon..............................           **
Allegheny......................................     42-003-1008  Harrison..........................        *11.6
Allegheny......................................     42-003-1301  North Braddock....................        *12.3
Beaver.........................................     42-007-0014  Beaver Falls......................         11.7
Washington.....................................     42-125-0005  Charleroi.........................        *12.0
Washington.....................................     42-125-0200  Washington........................         10.8
Washington.....................................     42-125-5001  Florence..........................          5.9
Westmoreland...................................     42-129-0008  Greensburg........................        *13.7
----------------------------------------------------------------------------------------------------------------
* Incomplete data.
** No data available, since the monitor's removal in January 1, 2011.

    While most of the monitoring data satisfy the data completeness
requirement, monitoring sites ID 42-003-0093 (North Park) and ID 42-
003-0095 (Moon) have missing data for the year 2008. To determine if
the two monitors are in attainment with the annual PM2.5
NAAQS during the monitoring periods 2007-2009 and 2008-2010, EPA has
addressed the missing data by applying a recently developed statistical
procedure. The diagnostic design values for the North Park and Moon
monitors in the Pittsburgh Area were below the annual PM2.5
NAAQS level of 15.0 ug/m\3\. Thus, the results indicate that had the
North Park and Moon monitors operated more days, the monitors would
have attained the annual PM2.5 NAAQS during the monitoring
periods 2007-2009 and 2008-2010. Additional information about the
monitoring network and air quality data used in this determination can
be found in the Technical Support Document (TSD) for this action which
is available online at www.regulations.gov, Docket number EPA-R03-OAR-
2012-0370.

IV. What are the effects of these actions?

    If EPA's proposed determination of attainment based on the most
recent three years of quality-assured data is made final, the
requirements for the Pittsburgh Area to submit an attainment
demonstration and associated RACM, RFP plan, contingency measures, and
any other planning SIPs related to attainment of the annual
PM2.5 NAAQS would be suspended for so long as the Pittsburgh
Area continues to attain the annual PM2.5 NAAQS. See 40 CFR
51.1004(c). Notably, as described below, any such determination would
not be equivalent to the redesignation of the Pittsburgh Area to
attainment for the annual PM2.5 NAAQS. If this proposed
determination is finalized and EPA subsequently determines, after
notice-and-comment rulemaking in the Federal Register, that the Area
has violated the annual PM2.5 NAAQS, the basis for the
suspension of the specific requirements would no longer exist for the
Pittsburgh Area, and the Area would thereafter have to address the
applicable requirements. See 40 CFR 51.1004(c).
    Finalizing this proposed action would not constitute a
redesignation of the Area to attainment of the annual PM2.5
NAAQS under section 107(d)(3) of the CAA. Further, finalizing this
proposed action does not involve approving a maintenance plan for the
Pittsburgh Area as required under section 175A of the CAA, nor would it
find that the Area has met all other requirements for redesignation.
Even if EPA finalizes the proposed action, the designation status of
the Pittsburgh Area would remain nonattainment for the annual
PM2.5 NAAQS until such time as EPA determines that the Area
meets the CAA requirements for redesignation to attainment and takes
action to redesignate the Pittsburgh Area. In addition, if EPA's
separate and independent proposed determination that the Pittsburgh
Area has attained the annual PM2.5 standard by its
applicable attainment date (April 5, 2010) is finalized, EPA will have
met its requirement pursuant to section 179(c)(1) of the CAA to make a
determination based on the Area's air quality data as of the attainment
date whether the Area attained the standard by that date.
    These two actions described above are proposed determinations
regarding the Pittsburgh Area's attainment only with respect to the
annual PM2.5 NAAQS. Today's actions do not address the 1997
or the 2006 24-hour PM2.5 standards. EPA is soliciting
public comments on the issues discussed in this document. These
comments will be considered before taking final action.

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 CAA 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 proposes
to approve state law as meeting Federal requirements and does not
impose additional requirements beyond those imposed by state law. For
that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     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 (Public Law 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, this proposed rule does not have tribal implications
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Particulate
matter, Reporting and recordkeeping requirements.

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

    Dated: May 17, 2012.
W.C. Early
Acting Regional Administrator, Region III.
[FR Doc. 2012-14094 Filed 6-8-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 77 (Friday, April 20, 2018)]
[Proposed Rules]
[Pages 17512-17513]
[FR Doc No: 2018-08034]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2018-0290; Airspace Docket No. 18-AGL-9]
RIN 2120-AA66

Proposed Amendment of Class E Airspace; New Castle, IN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend the Class E airspace extending
upward from 700 feet above the surface at New Castle-Henry County
Municipal Airport, New Castle, IN. The FAA is proposing this action as
a result of an airspace review caused by the decommissioning of the
Richmond VHF omnidirectional range (VOR) navigation aid as part of the
VOR Minimum Operational Network (MON) Program. The geographic
coordinates of the airport would also be updated to coincide with the
FAA's aeronautical database.

DATES: Comments must be received on or before June 4, 2018.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590; telephone
(202) 366-9826, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2018-0290; Airspace Docket No. 18-AGL-9, at the beginning of your
comments. You may also submit comments through the internet at http://www.regulations.gov. You may review the public docket containing the
proposal, any comments received, and any final disposition in person in
the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except Federal holidays.
    FAA Order 7400.11B, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11B at NARA, call<PHONE_NUMBER>, or go
to http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would amend Class E airspace extending upward from 700 feet above
the surface at New Castle-Henry County Municipal Airport, New Castle,
IN, to support instrument flight rule operations at this airport.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those

comments a self-addressed, stamped postcard on which the following
statement is made: ``Comments to Docket No. FAA-2018-0290; Airspace
Docket No. 18-AGL-9.'' The postcard will be date/time stamped and
returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at http://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Federal Aviation Administration, Air Traffic
Organization, Central Service Center, Operations Support Group, 10101
Hillwood Parkway, Fort Worth, TX 76177.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11B, Airspace
Designations and Reporting Points, dated August 3, 2017, and effective
September 15, 2017. FAA Order 7400.11B is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11B lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14, Code of Federal
Regulations (14 CFR) part 71 by amending the Class E airspace extending
upward from 700 feet above the surface to within a 6.4-mile radius
(decreased from a 7-mile radius) at New Castle-Henry County Municipal
Airport, New Castle, IN, and adding an extension 2.5 miles each side of
the 267[deg] bearing from the New Castle NDB extending from the 6.4-
mile radius to 7.0 miles west of the NDB. The geographic coordinates of
the airport would also be updated to coincide with the FAA's
aeronautical database.
    This action is necessary due to an airspace review caused by the
decommissioning of the Richmond VOR as part of the VOR MON Program.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11B, dated August 3, 2017, and effective September 15,
2017, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designation listed in this document will be published
subsequently in the Order.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11B,
Airspace Designations and Reporting Points, dated August 3, 2017, and
effective September 15, 2017, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AGL IN E5 New Castle, IN [Amended]

New Castle-Henry County Municipal Airport, IN
    (Lat. 39[deg]52'36'' N, long. 85[deg]19'31'' W)
New Castle NDB
    (Lat. 39[deg]52'48'' N, long. 85[deg]19'08'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of New Castle-Henry County Municipal
Airport, and within 2.5 miles each side of the 267[deg] bearing from
the New Castle NDB extending from the 6.4-mile radius to 7.0 miles
west of the New Castle NDB.

    Issued in Fort Worth, Texas, on April 11, 2018.
Christopher L. Southerland,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2018-08034 Filed 4-19-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 209 (Tuesday, November 2, 2021)]
[Notices]
[Pages 60460-60461]
[FR Doc No: 2021-23830]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2015-0436; FRL-9088-01-OCSPP]

Agency Information Collection Activities; Proposed Revision to an
Existing Collection, Generic Clearance for TSCA Section 4 Test Rules,
Test Orders, Enforceable Consent Agreements (ECAs), Voluntary Data
Submissions, and Exemptions From Testing Requirements; Comment Request

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (PRA), this
document announces that EPA is planning to submit the following
Information Collection Request (ICR) to the Office of Management and
Budget (OMB): ``Generic Clearance for TSCA Section 4 Test Rules, Test
Orders, Enforceable Consent Agreements (ECAs), Voluntary Data
Submissions, and Exemptions from Testing Requirements),'' and
identified by EPA ICR No. 1139.25 and approved under OMB Control No.
2070-0033. This ICR incorporates the activities and burdens recently
approved under a separate ICR entitled ``User Guide for submitting TSCA
Section 4 Test Order Information,'' and identified by EPA ICR No.
2697.01 and approved under OMB Control No. 2070-0215, which is
scheduled to expire on April 30, 2022. Merging these ICRs before that
expiration is appropriate because the activities are integrated
components of the same information collection program. Before
submitting the ICR to OMB for review and approval under the PRA, EPA is
soliciting comments on specific aspects of the proposed information
collection that is summarized in this document. The ICR and
accompanying material are available in the docket for public review and
comment.

DATES: Comments must be received on or before January 3, 2022.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2015-0436, through the Federal eRulemaking
Portal at http://www.regulations.gov. Follow the online instructions
for submitting comments. Do not submit electronically any information
you consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Additional
instructions on commenting or visiting the docket, along with more
information about dockets generally, is available at http://www.epa.gov/dockets.
    Due to the public health concerns related to COVID-19, the EPA
Docket Center (EPA/DC) is by appointment only. For the latest status
information on EPA/DC and docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: David Turk (7410M), Office of
Pollution Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number:
(202) 566-1527; email address: [email protected].
    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. What information is EPA particularly interested in?

    Pursuant to PRA section 3506(c)(2)(A), 44 U.S.C. 3506(c)(2)(A), EPA
specifically solicits comments and information to enable it to:
    1. Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility.
    2. Evaluate the accuracy of the Agency's estimates of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used.
    3. Enhance the quality, utility, and clarity of the information to
be collected.
    4. 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. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.

II. What information collection activity or ICR does this action apply
to?

    Title: Generic Clearance for TSCA Section 4 Test Rules, Test
Orders, Enforceable Consent Agreements (ECAs), Voluntary Data
Submissions, and Exemptions from Testing Requirements (Revision).

    EPA ICR number: 1139.25.
    OMB control number: 2070-0033.
    ICR status: This ICR Revision incorporates the activities and
burdens currently contained in another ICR that is scheduled to expire
on April 30, 2022. The existing ICR that is being revised is currently
scheduled to expire on December 31, 2023. 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 title 40 of the Code
of Federal Regulations (CFR), after appearing in the Federal Register
when approved, are listed in 40 CFR part 9, are displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers for certain EPA regulations is
consolidated in 40 CFR part 9.
    Abstract: This generic ICR covers the information collection
activities associated with the submission of information to EPA
pursuant to TSCA section 4 regulatory actions. (15 U.S.C. 2603). Under
TSCA, EPA has the authority to issue regulatory actions designed to
gather or develop health and safety information and exposure
information on chemical substances and mixtures, and to control
unreasonable risks associated with new and existing chemical
substances. TSCA section 4 authorities allow EPA to require the
development of information related to chemicals and the use of
prescribed ``protocols and methodologies'' in order to inform EPA and
other federal agencies about chemical risks, which in turn will inform
decision makers for purposes of prioritization for risk evaluation,
risk evaluation and risk management of those chemicals as necessary.
    This revision incorporates the activities and burdens associated
with the guidance documents and outreach to stakeholders about
submitting Test Orders to the Agency that were recently approved under
a separate ICR entitled ``User Guide for submitting TSCA Section 4 Test
Order Information,'' and identified by EPA ICR No. 2697.01 and approved
under OMB Control No. 2070-0215, which is scheduled to expire on April
30, 2022. Merging these ICRs is appropriate because the activities are
integrated components of the same information collection program. Upon
approval of this revised Generic ICR, EPA will be able to discontinue
that ICR because the activities and burden will be covered by this
revised ICR.
    Burden statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to annual
average 137 hours per response. Burden is defined in 5 CFR 1320.3(b).
    The ICR, which is available in the docket along with other related
materials, provides a detailed explanation of the collection activities
and the burden estimate that is only briefly summarized here:
    Respondents/Affected Entities: Entities potentially affected by
this ICR are manufacturers (including imports) or processors of
chemical substances of mixtures, which are mostly chemical companies
classified under NAICS Code 325 and 324.
    Respondent's obligation to respond: Mandatory, 15 U.S.C 2603.
    Estimated total number of potential respondents: 175.
    Frequency of response: On occasion.
    Estimated total average number of responses for each respondent:
1.5.
    Estimated total annual burden hours: 32,435 hours.
    Estimated total annual costs: $8,072,601, includes $5,447,620
annualized capital or operation and maintenance costs.

III. Are there changes in the estimates from the last approval?

    There is an overall increase of 288 hours in the total respondent
burden that is currently approved by OMB for this ICR. This increase
reflects the incorporation of the activities and burdens associated
with the addition of guidance documents and pre-issuance outreach for
Test Orders recipients.

IV. What is the next step in the process for this ICR?

    EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. EPA will issue another
Federal Register document pursuant to 5 CFR 1320.5(a)(1)(iv) to
announce the submission of the ICR to OMB and the opportunity to submit
additional comments to OMB. If you have any questions about this ICR or
the approval process, please contact the person listed under FOR
FURTHER INFORMATION CONTACT.
    Authority: 44 U.S.C. 3501 et seq.

    Dated: October 27, 2021.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2021-23830 Filed 11-1-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: April 3, 2007 (Volume 72, Number 63)]
[Notices]
[Page 15879]
[DOCID:fr03ap07-54]

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ENVIRONMENTAL PROTECTION AGENCY

[OH-164-1; FRL-8294-5]

Adequacy Status of the Dayton-Springfield, OH, Submitted 8-Hour
Ozone Redesignation and Maintenance Plan for Transportation Conformity
Purposes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of adequacy.

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

SUMMARY: In this notice, EPA is notifying the public that we have found
that the motor vehicle emissions budgets (MVEBs) for 8-hour ozone in
Dayton-Springfield (Clark, Greene, Miami, and Montgomery Counties),
Ohio-which were submitted as part of a redesignation request and
maintenance plan for this area-are adequate for conformity purposes. As
a result of our finding, Dayton-Springfield must use the MVEBs from the
submitted 8-hour ozone redesignation and maintenance plan for future
conformity determinations.

DATES: This finding is effective April 18, 2007.

FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Life Scientist,
Criteria Pollutant Section (AR-18J), Air Programs Branch, Air and
Radiation Division, United States Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312)
353-8777<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we'',
``us'' or ``our'' is used, we mean EPA.

Background

    Today's action is simply an announcement of a finding that we have
already made. EPA Region 5 sent a letter to the Ohio Environmental
Protection Agency on February 9, 2007, stating that the 2005 and 2018
MVEBs in the Dayton-Springfield area are adequate. Ohio submitted the
budgets as part of the 8-hour ozone redesignation request and
maintenance plan for this area. This submittal was announced on EPA's
conformity Web site, and received no comments: http://www.epa.gov/otaq/stateresources/transconf/adequacy.htm
, (once there, click on ``What SIP

submissions are currently under EPA adequacy review?'').
    The 2005 and 2018 MVEBs, in tons per day (tpd), for volatile
organic compounds (VOC) and oxides of nitrogen (NOX) for
Dayton-Springfield are as follows:

------------------------------------------------------------------------
                                                 2005 MVEB    2018 MVEB
                                                   (tpd)        (tpd)
------------------------------------------------------------------------
VOC...........................................        29.19        14.73
NOX...........................................        63.88        21.42
------------------------------------------------------------------------

    Transportation conformity is required by section 176(c) of the
Clean Air Act. EPA's conformity rule requires that transportation
plans, programs, and projects conform to state air quality
implementation plans and establishes the criteria and procedures for
determining whether or not they do. Conformity to a State
Implementation Plan (SIP) means that transportation activities will not
produce new air quality violations, worsen existing violations, or
delay timely attainment of the national ambient air quality standards.
    The criteria by which we determine whether a SIP's motor vehicle
emission budgets are adequate for conformity purposes are outlined in
40 CFR 93.118(e)(4). We have described our process for determining the
adequacy of submitted SIP budgets in our July 1, 2004, preamble
starting at 69 FR 40038, and we used the information in these resources
while making our adequacy determination. Please note that an adequacy
review is separate from EPA's completeness review, and it also should
not be used to prejudge EPA's ultimate approval of the SIP. Even if we
find a budget adequate, the SIP could later be disapproved.
    The finding and the response to comments are available at EPA's
conformity Web site: http://www.epa.gov/otaq/stateresources/transconf/adequacy.htm
.

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

    Dated: March 21, 2007.
Gary Gulezian,
Acting Regional Administrator, Region 5.
 [FR Doc. E7-6148 Filed 4-2-07; 8:45 am]

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