F. Regulatory Flexibility Act ( RFA), as Amended by the Small Business Regulatory Enforcement Fairness Act of 1996 ( SBREFA), 5 U. S. C. 601 et seq. The RFA generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions. For purposes of assessing the impacts of today's rule on small entities, small entity is defined as: ( 1) Any small business employing fewer than 500 employees; ( 2) a small governmental jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000; and ( 3) a small organization that is any not for profit enterprise which is independently owned and operated and is not dominant in its field. After considering the economic impacts of today's proposed rule on small entities, I certify that this action will not have a significant economic impact on a substantial number of small entities. In determining whether a rule has a significant economic impact on a substantial number of small entities, the impact of concern is any significant adverse economic impact on small entities, since the primary purpose of the regulatory flexibility analyses is to identify and address regulatory alternatives `` which minimize any significant economic impact of the VerDate Dec< 13> 2002 09: 37 Dec 30, 2002 Jkt 200001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 31DEP2. SGM 31DEP2 80307 Federal Register / Vol. 67, No. 251 / Tuesday, December 31, 2002 / Proposed Rules proposed rule on small entities.'' 5 U. S. C. 603 and 604. Thus, an agency may certify that a rule will not have a significant economic impact on a substantial number of small entities if the rule relieves regulatory burden, or otherwise has a positive economic effect on all of the small entities subject to the rule. Today's proposed rule will not have a significant economic impact on a substantial number of small entities because it will decrease the regulatory burden of the existing regulations and have a positive effect on all small entities subject to the rule. This rule improves operational flexibility for owners and operators of major stationary sources and clarifies applicable requirements for determining if a change qualifies as a major modification. We have therefore concluded that today's proposed rule will relieve regulatory burden for all small entities. We continue to be interested in the potential impacts of the proposed rule on small entities and welcome comments on issues related to such impacts.

G. Unfunded Mandates Reform Act of 1995 Title II of the Unfunded Mandates Reform Act of 1995 ( UMRA), Public Law 104   4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. Under section 202 of UMRA, we generally must prepare a written statement, including a cost benefit analysis, for proposed and final rules with `` Federal mandates'' that may result in expenditures to State, local, and tribal governments, in the aggregate, or to the private sector of $ 100 million or more in any one year. Before promulgating an EPA rule for which a written statement is needed, section 205 of the UMRA generally requires us to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most costeffective or least burdensome alternative that achieves the objectives of the rule. The provisions of section 205 do not apply when they are inconsistent with applicable law. Moreover, section 205 allows us to adopt an alternative other than the least costly, most cost effective, or least burdensome alternative if the Administrator publishes with the final rule an explanation why that alternative was not adopted. Before we establish any regulatory requirements that may significantly or uniquely affect small governments, including tribal governments, we must have developed under section 203 of the UMRA a small government agency plan. The plan must provide for notifying potentially affected small governments, enabling officials of affected small governments to have meaningful and timely input in the development of our regulatory proposals with significant Federal intergovernmental mandates, and informing, educating, and advising small governments on compliance with the regulatory requirements. We believe the proposed rule changes will actually reduce the regulatory burden associated with the major NSR program by improving the operational flexibility of owners and operators and clarifying the requirements. Because the program changes provided in the proposed rule are not expected to result in any increases in the expenditure by State, local, and tribal governments, or the private sector, we have not prepared a budgetary impact statement or specifically addressed the selection of the least costly, most cost effective, or least burdensome alternative. Because small governments will not be significantly or uniquely affected by this rule, we are not required to develop a plan with regard to small governments. Therefore, this proposed rule is not subject to the requirements of section 203 of the UMRA.

H. National Technology Transfer and Advancement Act of 1995 Section 12( d) of the National Technology Transfer and Advancement Act of 1995 ( NTTAA), Public Law No. 104   113, section 12( d) ( 15 U. S. C. 272 note) directs us to use voluntary consensus standards ( VCS) in our regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. VCS are technical standards ( for example, materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus standards bodies. The NTTAA directs us to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable VCS. Although this rule does involve the use of technical standards, it does not preclude the State, local, and tribal reviewing agencies from using VCS. Today's proposed rulemaking is an improvement of the existing NSR permitting program. As such, it only ensures that promulgated technical standards are considered and appropriate controls are installed, prior to the construction of major sources of air emissions. Therefore, we are not considering the use of any VCS in today's rulemaking. I. Executive Order 13211   Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use This proposed rule is not a `` significant energy action'' as defined in Executive Order 13211, `` Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' ( 66 FR 28355 ( May 22, 2001)) because it is not likely to have a significant adverse effect on the supply, distribution or use of energy. Today's proposed rule improves the ability of sources to maintain the reliability of production facilities, and effectively utilize and improve existing capacity.

X. Statutory Authority The statutory authority for this action is provided by sections 101, 111, 114, 116, and 301 of the CAA as amended ( 42 U. S. C. 7401, 7411, 7414, 7416, and 7601). This rulemaking is also subject to section 307( d) of the CAA ( 42 U. S. C. 7407( d)).

List of Subjects in 40 CFR Parts 51 and 52 Environmental protection, Administrative practice and procedure, Air pollution control, Intergovernmental relations, Reporting and recordkeeping requirements.

Dated: November 22, 2002. Christine Todd Whitman, Administrator.

For the reasons set out in the preamble, title 40, chapter I of the Code of Federal Regulations is proposed to be amended as follows:

PART 51   [ AMENDED]

1. The authority citation for part 51 continues to read as follows:

Authority: 23 U. S. C. 101; 42 U. S. C. 7401   7671q.

Subpart I   [ Amended]

2. Section 51.165 is amended: a. By revising paragraph ( a)( 1)( v)( C)( 1). b. By adding paragraphs ( a)( 1)( xliii) through ( xlvii). The revision and additions read as follows:

§ 51.165 Permit requirements.

( a) * * * ( 1) * * * ( v) * * * ( C) * * * ( 1) Routine maintenance, repair and replacement, which shall include but not be limited to the activities set out in paragraphs ( a)( 1)( v)( C)( 1)( i) and ( ii) of VerDate Dec< 13> 2002 09: 37 Dec 30, 2002 Jkt 200001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 31DEP2. SGM 31DEP2 80308 Federal Register / Vol. 67, No. 251 / Tuesday, December 31, 2002 / Proposed Rules 1 EPA has not determined this value. this section. Without regard to other considerations, the activities specified in paragraphs ( a)( 1)( v)( C)( 1)( i) and ( ii) shall constitute routine maintenance, repair and replacement: ( i) Activities performed at a stationary source in order to maintain, facilitate, restore or improve the efficiency, reliability, availability or safety of that stationary source, whose total cost, when added together with the total costs of all previous activities performed at the same stationary source in the same year in order to maintain, facilitate, restore or improve the efficiency, reliability, availability or safety of that stationary source, does not exceed that stationary source's annual maintenance, repair and replacement allowance. `` Annual maintenance, repair and replacement allowance'' is defined in paragraph ( a)( 1)( xliii) of this section. Rules for calculation and summation of costs are provided in paragraph ( a)( 1)( xliii)( A) of this section. A stationary source may elect to calculate an annual maintenance, repair and replacement allowance for either all or none, but not some, of the maintenance, repair, and replacement activities performed at the stationary source. ( ii) The replacement of components of a process unit with identical or functionally equivalent components, provided that: The fixed capital cost of the components does not exceed [ x] 1 percent of the fixed capital cost that would be required to construct an entirely new process unit; and the replacement does not change the basic design parameters of the process unit. The basic design parameters for electric utility steam generating units are maximum heat input and fuel consumption specifications. For nonutilities basic design parameters are the maximum fuel or material input specifications to the process unit. An improvement in efficiency does not change a process unit's basic design parameters. `` Functionally equivalent components'' and `` fixed capital cost'' are defined in paragraphs ( a)( 1)( xlv) and ( a)( 1)( xlvi) of this section, respectively. * * * * * ( xliii) Annual maintenance, repair and replacement allowance means a dollar amount calculated according to the following equation: ( Industry sector percentage) × ( replacement cost of the stationary source) where `` industry sector percentage'' is drawn from Table 1 of this section. TABLE 1 OF § 51.165( A)( 1)( XLIII).   INDUSTRY SECTOR PERCENTAGES Industry sector Industry sector percentage Electric Services Petroleum Refining Chemical Processes Natural Gas Transport Pulp and Paper Mills Paper Mills Automobile Manufacturing Pharmaceuticals Other ( A) A stationary source's annual maintenance costs shall be calculated and summed according to the following rules: ( 1) The owner or operator may choose to sum costs over either a calendar year or initially specified fiscal year. The initially specified fiscal year must remain in use unless other accounting procedures at the stationary source subsequently change to a different fiscal year. ( 2) Costs incurred for all activities performed at the stationary source in order to maintain, facilitate, restore or improve the efficiency, reliability, availability or safety of that stationary source that are not excluded under paragraph ( a)( 1)( xliii)( B) of this section, or that have not been issued a preconstruction permit, shall be tracked chronologically and summed at the end of the year. ( i) At the end of the year, these costs shall be listed and summed in order from least cost to highest cost. ( ii) All activities prior to the point on the cost ordered list at which the sum of activity costs exceeds the annual maintenance, repair and replacement allowance shall automatically qualify as routine maintenance, repair, or replacement. ( 3) Costs associated with maintaining or installing pollution control equipment shall not be included in the calculation and summation of costs for routine maintenance, repair, and replacement. Costs shall remain included if they are associated with maintaining or installing equipment that serves a dual function as both process and control equipment. ( 4) The owner or operator shall provide an annual report to the reviewing authority containing complete information on all maintenance, repair and replacement costs and process unit replacement cost estimates at the stationary source. The report shall be provided within 60 days after the end of the year over which activity costs have been summed. ( B) An activity otherwise eligible for inclusion in the annual maintenance, repair and replacement allowance shall not be eligible to be included in the allowance if it: ( 1) Results in an increase in the maximum achievable hourly emissions rate of the stationary source of a regulated NSR pollutant, or results in emissions of a regulated NSR pollutant not previously emitted; ( 2) Constitutes construction of a new process unit; or ( 3) Removes an entire existing process unit and installs a different process unit in its place. ( xliv)( A) In general, process unit means any collection of structures and/ or equipment that processes, assembles, applies, blends, or otherwise uses material inputs to produce or store a completed product. A single stationary source may contain more than one process unit. ( B) The following list identifies the process units at specific kinds of stationary sources. ( 1) For a steam electric generating facility, the process unit would consist of those portions of the plant which contribute directly to the production of electricity. For example, at a pulverized coal fired facility, the process unit would generally be the combination of those systems from the coal receiving equipment through the emission stack, including the coal handling equipment, pulverizers or coal crushers, feedwater heaters, boiler, burners, turbinegenerator set, air preheaters, and operating control systems. Each separate generating unit would be considered a separate process unit. Components shared between two or more process units would be proportionately allocated based on capacity. ( 2) For a petroleum refinery, there are several categories of process units: those that separate and distill petroleum feedstocks; those that change molecular structures; petroleum treating processes; auxiliary facilities, such as boilers and hydrogen production; and those that load, unload, blend or store products. ( 3) For a cement plant, the process unit would generally consist of the kiln and equipment that supports it, including all components that process or store raw materials, preheaters, and components that process or store products from the kilns, and associated emission stacks. ( 4) For a pulp and paper mill, there are several types of process units. One is the system that processes wood products, another is the digester and its associated heat exchanger, blow tank, pulp filter, accumulator, oxidation tower, and evaporators. A third is the VerDate Dec< 13> 2002 09: 37 Dec 30, 2002 Jkt 200001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 31DEP2. SGM 31DEP2 80309 Federal Register / Vol. 67, No. 251 / Tuesday, December 31, 2002 / Proposed Rules 1 EPA has not determined this value. chemical recovery system, which includes the recovery furnace, lime kiln, storage vessels, and associated oxidation processes feeding regenerated chemicals to the digester. ( 5) For an incinerator, the process unit would consist of components from the feed pit or refuse pit to the stack, including conveyors, combustion devices, heat exchangers and steam generators, quench tanks, and fans. ( xlv) Functionally equivalent component means a component that serves the same purpose as the replaced component. ( xlvi) Fixed capital cost means the capital needed to provide all the depreciable components. `` Depreciable components'' refers to all components of fixed capital cost and is calculated by subtracting land and working capital from the total capital investment, as defined in paragraph ( a)( 1)( xlvii) of this section. ( xlvii) Total capital investment means the sum of the following: all costs required to purchase needed process equipment ( purchased equipment costs); the costs of labor and materials for installing that equipment ( direct installation costs); the costs of site preparation and buildings; other costs such as engineering, construction and field expenses, fees to contractors, startup and performance tests, and contingencies ( indirect installation costs); land for the process equipment; and working capital for the process equipment. * * * * * 3. Section 51.166 is amended: a. By revising paragraph ( b)( 2)( iii)( a). b. By adding paragraphs ( b)( 53) through ( 57). The revision and additions read as follows:

§ 51.166 Prevention of significant deterioration of air quality.

* * * * * ( b) * * * ( 2) * * * ( iii) * * * ( a) Routine maintenance, repair and replacement, which shall include but not be limited to the activities set out in paragraphs ( b)( 2)( iii)( a)( 1) and ( 2) of this section. Without regard to other considerations, the activities specified in paragraphs ( b)( 2)( iii)( a)( 1) and ( 2) shall constitute routine maintenance, repair and replacement: ( 1) Activities performed at a stationary source in order to maintain, facilitate, restore or improve the efficiency, reliability, availability or safety of that stationary source, whose total cost, when added together with the total costs of all previous activities performed at the same stationary source in the same year in order to maintain, facilitate, restore or improve the efficiency, reliability, availability or safety of that stationary source, does not exceed that stationary source's annual maintenance, repair and replacement allowance. `` Annual maintenance, repair and replacement allowance'' is defined in paragraph ( b)( 53) of this section. Rules for calculation and summation of costs are provided in paragraph ( b)( 53)( i) of this section. A stationary source may elect to calculate an annual maintenance, repair and replacement allowance for either all or none, but not some, of the maintenance, repair, and replacement activities performed at the stationary source. ( 2) The replacement of components of a process unit with identical or functionally equivalent components, provided that: ( i) The fixed capital cost of the components does not exceed [ x] 1 percent of the fixed capital cost that would be required to construct an entirely new process unit; and ( ii) The replacement does not change the basic design parameters of the process unit. The basic design parameters for electric utility steam generating units are maximum heat input and fuel consumption specifications. For non utilities, basic design parameters are the maximum fuel or material input specifications to the process unit. An improvement in efficiency does not change a process unit's basic design parameters. `` Functionally equivalent components'' and `` fixed capital cost'' are defined in paragraphs ( b)( 55) and ( b)( 56) of this section. * * * * * ( 53) Annual maintenance, repair and replacement allowance means a dollar amount calculated according to the following equation: ( Industry sector percentage) × ( replacement cost of the stationary source) where `` industry sector percentage'' is drawn from Table 1 of this section.

TABLE 1 OF § 51.166( B)( 53).   INDUSTRY SECTOR PERCENTAGES Industry sector Industry sector percentage Electric Services Petroleum Refining Chemical Processes Natural Gas Transport Pulp and Paper Mills Paper Mills Automobile Manufacturing Pharmaceuticals Other ( i) A stationary source's annual maintenance costs shall be calculated and summed according to the following rules: ( a) The owner or operator may choose to sum costs over either a calendar year or initially specified fiscal year. The initially specified fiscal year must remain in use unless other accounting procedures at the stationary source subsequently change to a different fiscal year. ( b) Costs incurred for all activities performed at the stationary source in order to maintain, facilitate, restore, or improve the efficiency, reliability, availability, or safety of that stationary source that are not excluded under paragraph ( b)( 53)( ii) of this section, or that have not been issued a preconstruction permit, shall be tracked chronologically and summed at the end of the year. ( 1) At the end of the year, these costs shall be listed and summed in order from least cost to highest cost. ( 2) All activities prior to the point on the cost ordered list at which the sum of activity costs exceeds the annual maintenance, repair and replacement allowance shall automatically qualify as routine maintenance, repair, or replacement. ( c) Costs associated with maintaining or installing pollution control equipment shall not be included in the calculation and summation of costs for routine maintenance, repair, and replacement. Costs shall remain included if they are associated with maintaining or installing equipment that serves a dual function as both process and control equipment. ( d) The owner or operator shall provide an annual report to the reviewing authority containing complete information on all maintenance, repair and replacement costs and process unit replacement cost estimates at the stationary source. The report shall be provided within 60 days after the end of the year over which activity costs have been summed. ( ii) An activity otherwise eligible for inclusion in the annual maintenance, repair and replacement allowance shall not be eligible to be included in the allowance if it: ( a) Results in an increase in the maximum achievable hourly emissions VerDate Dec< 13> 2002 17: 12 Dec 30, 2002 Jkt 200001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 31DEP2. SGM 31DEP2 80310 Federal Register / Vol. 67, No. 251 / Tuesday, December 31, 2002 / Proposed Rules 1 EPA has not determined this value. rate of the stationary source of a regulated NSR pollutant, or results in emissions of a regulated NSR pollutant not previously emitted; ( b) Constitutes construction of a new process unit; or ( c) Removes an entire existing process unit and installs a different process unit in its place. ( 54)( i) In general, process unit means any collection of structures and/ or equipment that processes, assembles, applies, blends, or otherwise uses material inputs to produce or store a completed product. A single stationary source may contain more than one process unit. ( ii) The following list identifies the process units at specific kinds of stationary sources. ( a) For a steam electric generating facility, the process unit would consist of those portions of the plant which contribute directly to the production of electricity. For example, at a pulverized coal fired facility, the process unit would generally be the combination of those systems from the coal receiving equipment through the emission stack, including the coal handling equipment, pulverizers or coal crushers, feedwater heaters, boiler, burners, turbinegenerator set, air preheaters, and operating control systems. Each separate generating unit would be considered a separate process unit. Components shared between two or more process units would be proportionately allocated based on capacity. ( b) For a petroleum refinery, there are several categories of process units: those that separate and distill petroleum feedstocks; those that change molecular structures; petroleum treating processes; auxiliary facilities, such as boilers and hydrogen production; and those that load, unload, blend or store products. ( c) For a cement plant, the process unit would generally consist of the kiln and equipment that supports it, including all components that process or store raw materials, preheaters, and components that process or store products from the kilns, and associated emission stacks. ( d) For a pulp and paper mill, there are several types of process units. One is the system that processes wood products, another is the digester and its associated heat exchanger, blow tank, pulp filter, accumulator, oxidation tower, and evaporators. A third is the chemical recovery system, which includes the recovery furnace, lime kiln, storage vessels, and associated oxidation processes feeding regenerated chemicals to the digester. ( e) For an incinerator, the process unit would consist of components from the feed pit or refuse pit to the stack, including conveyors, combustion devices, heat exchangers and steam generators, quench tanks, and fans. ( 55) Functionally equivalent component means a component that serves the same purpose as the replaced component. ( 56) Fixed capital cost means the capital needed to provide all the depreciable components. `` Depreciable components'' refers to all components of fixed capital cost and is calculated by subtracting land and working capital from the total capital investment, as defined in paragraph ( b)( 57) of this section. ( 57) Total capital investment means the sum of the following: all costs required to purchase needed process equipment ( purchased equipment costs); the costs of labor and materials for installing that equipment ( direct installation costs); the costs of site preparation and buildings; other costs such as engineering, construction and field expenses, fees to contractors, startup and performance tests, and contingencies ( indirect installation costs); land for the process equipment; and working capital for the process equipment. * * * * *

Appendix S   [ Amended]

4. In Appendix S to Part 51 Section II is amended: a. By revising paragraph A. 5( iii) ( a). b. By adding paragraphs A. 21 through 25. The revision and additions read as follows:

Appendix S to part 51   Emission Offset Interpretative Ruling * * * * *

II. Initial Screening Analyses and Determination of Applicable Requirements A. * * * 5. * * * ( iii) * * * ( a) Routine maintenance, repair and replacement, which shall include but not be limited to the activities set out in paragraphs A. 5 ( iii)( a)( 1) and ( 2) of this section. Without regard to other considerations, the activities specified in paragraphs A. 5 ( iii)( a)( 1) and ( 2) shall constitute routine maintenance, repair and replacement: ( 1) Activities performed at a stationary source in order to maintain, facilitate, restore or improve the efficiency, reliability, availability or safety of that stationary source, whose total cost, when added together with the total costs of all previous activities performed at the same stationary source in the same year in order to maintain, facilitate, restore or improve the efficiency, reliability, availability or safety of that stationary source, does not exceed that stationary source's annual maintenance, repair and replacement allowance. `` Annual maintenance, repair and replacement allowance'' is defined in paragraph A. 21 of this section. Rules for calculation and summation of costs are provided in paragraph A. 21 ( i) of this section. A stationary source may elect to calculate an annual maintenance, repair and replacement allowance for either all or none, but not some, of the maintenance, repair, and replacement activities performed at the stationary source. ( 2) The replacement of components of a process unit with identical or functionally equivalent components, provided that: ( i) The fixed capital cost of the components does not exceed [ x] 1 percent of the fixed capital cost that would be required to construct an entirely new process unit; and ( ii) The replacement does not change the basic design parameters of the process unit. The basic design parameters for electric utility steam generating units are maximum heat input and fuel consumption specifications. For non utilities, basic design parameters are the maximum fuel or material input specifications to the process unit. An improvement in efficiency does not change a process unit's basic design parameters. `` Functionally equivalent components'' and `` fixed capital cost'' are defined in paragraphs A. 23 and A. 24 of this section, respectively. * * * * * 21. Annual maintenance, repair and replacement allowance means a dollar amount calculated according to the following equation: ( Industry sector percentage) × ( replacement cost of the stationary source) where `` industry sector percentage'' is drawn from Table 1 of this section.

TABLE 1. OF SECTION II. A. 21.   INDUSTRY SECTOR PERCENTAGES Industry sector Industry sector percentage Electric Services Petroleum Refining Chemical Processes Natural Gas Transport Pulp and Paper Mills Paper Mills Automobile Manufacturing Pharmaceuticals VerDate Dec< 13> 2002 17: 12 Dec 30, 2002 Jkt 200001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 31DEP2. SGM 31DEP2 80311 Federal Register / Vol. 67, No. 251 / Tuesday, December 31, 2002 / Proposed Rules TABLE 1. OF SECTION II. A. 21.   INDUSTRY SECTOR PERCENTAGES   Continued Industry sector Industry sector percentage Other ( i) A stationary source's annual maintenance costs shall be calculated and summed according to the following rules: ( a) The owner or operator may choose to sum costs over either a calendar year or initially specified fiscal year. The initially specified fiscal year must remain in use unless other accounting procedures at the stationary source subsequently change to a different fiscal year. ( b) Costs incurred for all activities not performed at the stationary source in order to maintain, facilitate, restore or improve the efficiency, reliability, availability or safety of that stationary source that are not excluded under A. 21 ( ii) of this section, or that have not been issued a preconstruction permit, shall be tracked chronologically and summed at the end of the year. ( 1) At the end of the year, these costs shall be listed and summed in order from least cost to highest cost. ( 2) All activities prior to the point on the cost ordered list at which the sum of activity costs exceeds the annual maintenance, repair and replacement allowance shall automatically qualify as routine maintenance, repair, or replacement. ( c) Costs associated with maintaining or installing pollution control equipment shall not be included in the calculation and summation of costs for routine maintenance, repair, and replacement. Costs shall remain included if they are associated with maintaining or installing equipment that serves a dual function as both process and control equipment. ( d) The owner or operator shall provide an annual report to the reviewing authority containing complete information on all maintenance, repair and replacement costs and process unit replacement cost estimates at the stationary source. The report shall be provided within 60 days after the end of the year over which activity costs have been summed. ( ii) An activity otherwise eligible for inclusion in the annual maintenance, repair and replacement allowance shall not be eligible to be included in the allowance if it: ( a) Results in an increase in the maximum achievable hourly emissions rate of the stationary source of a regulated NSR pollutant, or results in emissions of a regulated NSR pollutant not previously emitted; ( b) Constitutes construction of a new process unit; or ( c) Removes an entire existing process unit and installs a different process unit in its place. 22. ( i) In general, process unit means any collection of structures and/ or equipment that processes, assembles, applies, blends, or otherwise uses material inputs to produce or store a completed product. A single stationary source may contain more than one process unit. ( ii) The following list identifies the process units at specific kinds of stationary sources. ( a) For a steam electric generating facility, the process unit would consist of those portions of the plant which contribute directly to the production of electricity. For example, at a pulverized coal fired facility, the process unit would generally be the combination of those systems from the coal receiving equipment through the emission stack, including the coal handling equipment, pulverizers or coal crushers, feedwater heaters, boilers, burners, turbinegenerator set, air preheaters, and operating control systems. Each separate generating unit would be considered a separate process unit. Components shared between two or more process units would be proportionately allocated based on capacity. ( b) For a petroleum refinery, there are several categories of process units: those that separate and distill petroleum feedstocks; those that change molecular structures; petroleum treating processes; auxiliary facilities, such as boilers and hydrogen production; and those that load, unload, blend or store products. ( c) For a cement plant, the process unit would generally consist of the kiln and equipment that supports it, including all components that process or store raw materials, preheaters, and components that process or store products from the kilns, and associated emission stacks. ( d) For a pulp and paper mill, there are several types of process units. One is the system that processes wood products, another is the digester and its associated heat exchanger, blow tank, pulp filter, accumulator, oxidation tower, and evaporators. A third is the chemical recovery system, which includes the recovery furnace, lime kiln, storage vessels, and associated oxidation processes feeding regenerated chemicals to the digester. ( e) For an incinerator, the process unit would consist of components from the feed pit or refuse pit to the stack, including conveyors, combustion devices, heat exchangers and steam generators, quench tanks, and fans. 23. Functionally equivalent component means a component that serves the same purpose as the replaced component. 24. Fixed capital cost means the capital needed to provide all the depreciable components. `` Depreciable components'' refers to all components of fixed capital cost and is calculated by subtracting land and working capital from the total capital investment, as defined in paragraph A. 25 of this section. 25. Total capital investment means the sum of the following: all costs required to purchase needed process equipment ( purchased equipment costs); the costs of labor and materials for installing that equipment ( direct installation costs); the costs of site preparation and buildings; other costs such as engineering, construction and field expenses, fees to contractors, startup and performance tests, and contingencies ( indirect installation costs); land for the process equipment; and working capital for the process equipment.

* * * * *

PART 52   [ AMENDED]

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

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

Subpart A   [ Amended]

2. Section 52.21 is amended: a. By revising paragraph ( b)( 2)( iii)( a). b. By adding paragraphs ( b)( 55) through ( 59). The revision and additions are revised to read as follows:

§ 52.21 Prevention of significant deterioration of air quality.

* * * * * ( b) * * * ( 2) * * * ( iii) * * * ( a) Routine maintenance, repair and replacement, which shall include but not be limited to the activities set out in paragraphs ( b)( 2)( iii)( a)( 1) and ( 2) of this section. Without regard to other considerations, the activities specified in paragraphs ( b)( 2)( iii)( a)( 1) and ( 2) shall constitute routine maintenance, repair and replacement: ( 1) Activities performed at a stationary source in order to maintain, facilitate, restore or improve the efficiency, reliability, availability or safety of that stationary source, whose total cost, when added together with the total costs of all previous activities performed at the same stationary source in the same year in order to maintain, facilitate, restore or improve the efficiency, reliability, availability or safety of that stationary source, does not exceed that stationary source's annual maintenance, repair and replacement allowance. `` Annual maintenance, repair and replacement allowance'' is defined in paragraph ( b)( 55) of this section. Rules for calculation and summation of costs are provided in paragraph ( b)( 55)( i) of this section. A stationary source may elect to calculate an annual maintenance, repair and replacement allowance for either all or none, but not some, of the maintenance, repair, and replacement activities performed at the stationary source. ( 2) The replacement of components of a process unit with identical or VerDate Dec< 13> 2002 17: 12 Dec 30, 2002 Jkt 200001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 31DEP2. SGM 31DEP2 80312 Federal Register / Vol. 67, No. 251 / Tuesday, December 31, 2002 / Proposed Rules 1 EPA has not determined this value. functionally equivalent components, provided that: ( i) The fixed capital cost of the components does not exceed [ x] 1 percent of the fixed capital cost that would be required to construct an entirely new process unit; and ( ii) The replacement does not change the basic design parameters of the process unit. The basic design parameters for electric utility steam generating units are maximum heat input and fuel consumption specifications. For non utilities, basic design parameters are the maximum fuel or material input specifications to the process unit. An improvement in efficiency does not change a process unit's basic design parameters. `` Functionally equivalent components'' and `` fixed capital cost'' are defined in paragraphs ( b)( 57) and ( b)( 58) of this section. * * * * * ( 55) Annual maintenance, repair and replacement allowance means a dollar amount calculated according to the following equation: ( Industry sector percentage) x ( replacement cost of the stationary source) where `` industry sector percentage'' is drawn from Table 1 of this section.

TABLE 1 OF § 52.21( B)( 55).   INDUSTRY SECTOR PERCENTAGES Industry sector Industry sector percentage Electric Services Petroleum Refining Chemical Processes Natural Gas Transport Pulp and Paper Mills Paper Mills Automobile Manufacturing Pharmaceuticals Other ( i) A stationary source's annual maintenance costs shall be calculated and summed according to the following rules: ( a) The owner or operator may choose to sum costs over either a calendar year or initially specified fiscal year. The initially specified fiscal year must remain in use unless other accounting procedures at the stationary source subsequently change to a different fiscal year. ( b) Costs incurred for all activities not performed at the stationary source in order to maintain, facilitate, restore or improve the efficiency, reliability, availability or safety of that stationary source that are not excluded under paragraph ( b)( 55)( ii) of this section, or that have not been issued a preconstruction permit, shall be tracked chronologically and summed at the end of the year. ( 1) At the end of the year, these costs shall be listed and summed in order from least cost to highest cost. ( 2) All activities prior to the point on the cost ordered list at which the sum of activity costs exceeds the annual maintenance, repair and replacement allowance shall automatically qualify as routine maintenance, repair, or replacement. ( c) Costs associated with maintaining or installing pollution control equipment shall not be included in the calculation and summation of costs for routine maintenance, repair, and replacement. Costs shall remain included if they are associated with maintaining or installing equipment that serves a dual function as both process and control equipment. ( d) The owner or operator shall provide an annual report to the reviewing authority containing complete information on all maintenance, repair and replacement costs and process unit replacement cost estimates at the stationary source. The report shall be provided within 60 days after the end of the year over which activity costs have been summed. ( ii) An activity otherwise eligible for inclusion in the annual maintenance, repair and replacement allowance shall not be eligible to be included in the allowance if it: ( a) Results in an increase in the maximum achievable hourly emissions rate of the stationary source of a regulated NSR pollutant, or results in emissions of a regulated NSR pollutant not previously emitted; ( b) Constitutes construction of a new process unit; or ( c) Removes an entire existing process unit and installs a different process unit in its place. ( 56) ( i) In general, process unit means any collection of structures and/ or equipment that processes, assembles, applies, blends, or otherwise uses material inputs to produce or store a completed product. A single stationary source may contain more than one process unit. ( ii) The following list identifies the process units at specific kinds of stationary sources. ( a) For a steam electric generating facility, the process unit would consist of those portions of the plant which contribute directly to the production of electricity. For example, at a pulverized coal fired facility, the process unit would generally be the combination of those systems from the coal receiving equipment through the emission stack, including the coal handling equipment, pulverizers or coal crushers, feedwater heaters, boiler, burners, turbinegenerator set, air preheaters, and operating control systems. Each separate generating unit would be considered a separate process unit. Components shared between two or more process units would be proportionately allocated based on capacity. ( b) For a petroleum refinery, there are several categories of process units: those that separate and distill petroleum feedstocks; those that change molecular structures; petroleum treating processes; auxiliary facilities, such as boilers and hydrogen production; and those that load, unload, blend or store products. ( c) For a cement plant, the process unit would generally consist of the kiln and equipment that supports it, including all components that process or store raw materials, preheaters, and components that process or store products from the kilns, and associated emission stacks. ( d) For a pulp and paper mill, there are several types of process units. One is the system that processes wood products, another is the digester and its associated heat exchanger, blow tank, pulp filter, accumulator, oxidation tower, and evaporators. A third is the chemical recovery system, which includes the recovery furnace, lime kiln, storage vessels, and associated oxidation processes feeding regenerated chemicals to the digester. ( e) For an incinerator, the process unit would consist of components from the feed pit or refuse pit to the stack, including conveyors, combustion devices, heat exchangers and steam generators, quench tanks, and fans. ( 57) Functionally equivalent component means a component that serves the same purpose as the replaced component. ( 58) Fixed capital cost means the capital needed to provide all the depreciable components. `` Depreciable components'' refers to all components of fixed capital cost and is calculated by subtracting land and working capital from the total capital investment, as defined in paragraph ( b)( 59) of this section. ( 59) Total capital investment means the sum of the following: all costs required to purchase needed process equipment ( purchased equipment costs); the costs of labor and materials for installing that equipment ( direct installation costs); the costs of site preparation and buildings; other costs such as engineering, construction and field expenses, fees to contractors, startup and performance tests, and VerDate Dec< 13> 2002 09: 37 Dec 30, 2002 Jkt 200001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 31DEP2. SGM 31DEP2 80313 Federal Register / Vol. 67, No. 251 / Tuesday, December 31, 2002 / Proposed Rules 1 EPA has not determined this value. contingencies ( indirect installation costs); land for the process equipment; and working capital for the process equipment. * * * * * 3. Section 52.24 is amended: a. By revising paragraph ( f)( 5)( iii)( a). b. By adding paragraphs ( f)( 25) through ( 29). The revision and additions read as follows:

§ 52.24 Statutory restriction on new sources.

* * * * * ( f) * * * ( 5) * * * ( iii) * * * ( a) Routine maintenance, repair and replacement, which shall include but not be limited to the activities set out in paragraphs ( f)( 5)( iii)( a)( 1) and ( 2) of this section. Without regard to other considerations, the activities specified in paragraphs ( f)( 5)( iii)( a)( 1) and ( 2) shall constitute routine maintenance, repair and replacement: ( 1) Activities performed at a stationary source in order to maintain, facilitate, restore or improve the efficiency, reliability, availability or safety of that stationary source, whose total cost, when added together with the total costs of all previous activities performed at the same stationary source in the same year in order to maintain, facilitate, restore or improve the efficiency, reliability, availability or safety of that stationary source, does not exceed that stationary source's annual maintenance, repair and replacement allowance. `` Annual maintenance, repair and replacement allowance'' is defined in paragraph ( f)( 25) of this section. Rules for calculation and summation of costs are provided in paragraph ( f)( 25)( i) of this section. A stationary source may elect to calculate an annual maintenance, repair and replacement allowance for either all or none, but not some, of the maintenance, repair, and replacement activities performed at the stationary source. ( 2) The replacement of components of a process unit with identical or functionally equivalent components, provided that: ( i) The fixed capital cost of the components does not exceed [ x] 1 percent of the fixed capital cost that would be required to construct an entirely new process unit; and ( ii) The replacement does not change the basic design parameters of the process unit. The basic design parameters for electric utility steam generating units are maximum heat input and fuel consumption specifications. For non utilities, basic design parameters are the maximum fuel or material input specifications to the process unit. An improvement in efficiency does not change a process unit's basic design parameters. `` Functionally equivalent components'' and `` fixed capital cost'' are defined in paragraphs ( f)( 27) and ( f)( 28) of this section, respectively. * * * * * ( 25) Annual maintenance, repair and replacement allowance means a dollar amount calculated according to the following equation: ( Industry sector percentage) x ( replacement cost of the stationary source) where `` industry sector percentage'' is drawn from Table 1 of this section.

TABLE 1 OF § 52.24( F)( 25).   INDUSTRY SECTOR PERCENTAGES Industry sector Industry sector percentage Electric Services Petroleum Refining Chemical Processes Natural Gas Transport Pulp and Paper Mills Paper Mills Automobile Manufacturing Pharmaceuticals Other ( i) A stationary source's annual maintenance costs shall be calculated and summed according to the following rules: ( a) The owner or operator may choose to sum costs over either a calendar year or initially specified fiscal year. The initially specified fiscal year must remain in use unless other accounting procedures at the stationary source subsequently change to a different fiscal year. ( b) Costs incurred for all activities not performed at the stationary source in order to maintain, facilitate, restore or improve the efficiency, reliability, availability or safety of that stationary source that are not excluded under paragraph ( f)( 25)( ii) of this section, or that have not been issued a preconstruction permit, shall be tracked chronologically and summed at the end of the year. ( 1) At the end of the year, these costs shall be listed and summed in order from least cost to highest cost. ( 2) All activities prior to the point on the cost ordered list at which the sum of activity costs exceeds the annual maintenance, repair and replacement allowance shall automatically qualify as routine maintenance, repair, or replacement. ( c) Costs associated with maintaining or installing pollution control equipment shall not be included in the calculation and summation of costs for routine maintenance, repair, and replacement. Costs shall remain included if they are associated with maintaining or installing equipment that serves a dual function as both process and control equipment. ( d) The owner or operator shall provide an annual report to the reviewing authority containing complete information on all maintenance, repair and replacement costs and process unit replacement cost estimates at the stationary source. The report shall be provided within 60 days after the end of the year over which activity costs have been summed. ( ii) An activity otherwise eligible for inclusion in the annual maintenance, repair and replacement allowance shall not be eligible to be included in the allowance if it: ( a) Results in an increase in the maximum achievable hourly emissions rate of the stationary source of a regulated NSR pollutant, or results in emissions of a regulated NSR pollutant not previously emitted; ( b) Constitutes construction of a new process unit; or ( c) Removes an entire existing process unit and installs a different process unit in its place. ( 26) ( i) In general, process unit means any collection of structures and/ or equipment that processes, assembles, applies, blends, or otherwise uses material inputs to produce or store a completed product. A single stationary source may contain more than one process unit. ( ii) The following list identifies the process units at specific kinds of stationary sources. ( a) For a steam electric generating facility, the process unit would consist of those portions of the plant which contribute directly to the production of electricity. For example, at a pulverized coal fired facility, the process unit would generally be the combination of those systems from the coal receiving equipment through the emission stack, including the coal handling equipment, pulverizers or coal crushers, feedwater heaters, boiler, burners, turbinegenerator set, air preheaters, and operating control systems. Each separate generating unit would be considered a separate process unit. Components shared between two or more process units would be proportionately allocated based on capacity. ( b) For a petroleum refinery, there are several categories of process units: those that separate and distill petroleum VerDate Dec< 13> 2002 09: 37 Dec 30, 2002 Jkt 200001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 31DEP2. SGM 31DEP2 80314 Federal Register / Vol. 67, No. 251 / Tuesday, December 31, 2002 / Proposed Rules feedstocks; those that change molecular structures; petroleum treating processes; auxiliary facilities, such as boilers and hydrogen production; and those that load, unload, blend or store products. ( c) For a cement plant, the process unit would generally consist of the kiln and equipment that supports it, including all components that process or store raw materials, preheaters, and components that process or store products from the kilns, and associated emission stacks. ( d) For a pulp and paper mill, there are several types of process units. One is the system that processes wood products, another is the digester and its associated heat exchanger, blow tank, pulp filter, accumulator, oxidation tower, and evaporators. A third is the chemical recovery system, which includes the recovery furnace, lime kiln, storage vessels, and associated oxidation processes feeding regenerated chemicals to the digester. ( e) For an incinerator, the process unit would consist of components from the feed pit or refuse pit to the stack, including conveyors, combustion devices, heat exchangers and steam generators, quench tanks, and fans. ( 27) Functionally equivalent component means a component that serves the same purpose as the replaced component. ( 28) Fixed capital cost means the capital needed to provide all the depreciable components. `` Depreciable components'' refers to all components of fixed capital cost and is calculated by subtracting land and working capital from the total capital investment, as defined in paragraph ( f)( 29) of this section. ( 29) Total capital investment means the sum of the following: all costs required to purchase needed process equipment ( purchased equipment costs); the costs of labor and materials for installing that equipment ( direct installation costs); the costs of site preparation and buildings; other costs such as engineering, construction and field expenses, fees to contractors, startup and performance tests, and contingencies ( indirect installation costs); land for the process equipment; and working capital for the process equipment. * * * * * [ FR Doc. 02   31900 Filed 12   30   02; 8: 45 am]

BILLING CODE 6560   50   P VerDate Dec< 13> 2002 09: 37 Dec 30, 2002 Jkt 200001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 31DEP2. SGM 31DEP2


[Federal Register: September 27, 2006 (Volume 71, Number 187)]
[Notices]
[Page 56510]
[DOCID:fr27se06-72]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. EL05-74-003]

American Electric Power Service Corporation, Behalf of:
Appalachian Power Company, Columbus Southern Power Company, Indiana
Michigan Power Company, Kentucky Power Company, Kingsport Power
Company, Ohio Power Company, Wheeling Power Company, Commonwealth
Edison Company, and Commonwealth Edison Company of Indiana, Inc.,
Dayton Power and Light Company; Notice of Compliance Filing

September 20, 2006.
    Take notice on September 14, 2006, PJM Interconnection filed a
refund report, showing refunds that were implemented in its June
billings to its members and settled on July 20, 2006, pursuant to the
Commission's order issued May 30, 2006.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on October 5, 2006.

Magalie R. Salas,
Secretary.
[FR Doc. E6-15806 Filed 9-26-06; 8:45 am]

BILLING CODE 6717-01-P


Association of Metropolitan Sewage Agencies with Water Permits Division December 9, 2003 Attendees Deborah Nagle, Water Permits Division, OWM Jan Pickrel, Water Permits Division, OWM Elaine Brenner, Water Permits Division, OWM Linda Boornazian, Water Permits Division, OWM Laurie Dubriel, Water Enforcement Division, OECA Mindy Gampel, OPEI Guy Aydlett, Hampton Roads Sanitation Dist., Hazardous Waste Committee, AMSA Rick Sustich, Metro. Water Reclamation Dist. of Chicago, Hazardous Waste Committee, AMSA Chris Hornback, Regulatory Affairs, AMSA Will Petit, Regulatory Affairs, National Association of Clean Water Agencies, AMSA Handout WEF/ AMSA Pretreatment Streamlining Workshop Final Report, September 1996 Purpose and Summary of Meeting AMSA met with Water Permits and Water Enforcement Division to outline what it views to be opportunities to further improve the Pretreatment Streamlining Rule. The following summarizes the discussion:

  Narrative Standards   AMSA notes that local narrative ( non numerical) water quality standards are not included in the current national pretreatment regulations. AMSA proposed that narrative standards be incorporated in the Pretreatment Streamlining Rule which would make them national pretreatment standards and thus enforceable.

  Sampling for Pollutants Not Present   AMSA supports allowing Control Authorities to determine when pollutant sampling is needed for an industrial user subject to categorical pretreatment standards where the pollutant is not expected to be present above background levels in the IUs wastestream. AMSA presented three preconditions to be used in making the decision: 1) pollutant not used in industrial process, 2) analysis shows not present, and 3) materials or chemicals containing such pollutants are verified, via periodic inspections, as not used or stored onsite. AMSA requests inclusion of Organic Chemicals, Plastics, and Synthetic Fibers ( OCPSF) facilities.

  Equivalent Mass Limits for Concentration Limits  AMSA indicates that current restrictions on use of mass limits discourages water conservation.

  Definition of SIUs  AMSA states that 25,000 gpd criterion in the SIU definition is problematic because it doesn't account for relative impact. The Domestic Sewage Exclusion Study says 25,000 gpd based on 5% ( 0.5 MGD plant). AMSA favors 5% which could be based on the capacity of the receiving plant. For example, Chicago has a plant of design flow 300 MGD and 25,000 gpd wouldn't be detected. AMSA states definition has catch all to allow other IUs to be named SIUs. AMSA also notes definition gives states or regions authority to designate some IUs as SIUs.

  De Minimis CIUs  AMSA disagrees with proposed 100 gpd cutoff for NSCIUs. Chicago doesn't have any CIUs less than 100 gpd, but HRSD has a few. The terms " other" and " concentrated" need to be clarified in the definition. AMSA supports three tier   middle of CIU using concept of 5% contribution, 0.01% headworks loading, 0.01% treatment capacity and compliance history. Chicago XL project is piloting this approach.

  pH   AMSA suggests that EPA take a look at what NRDC agreed to. Don't want to lose this issue.

  Significant Non Compliance Criteria   AMSA considers the biggest issue is the requirement that late reports put a SIU in SNC when IU is otherwise in perfect compliance. AMSA states that IUs may have done the monitoring and just forgot to turn in the report. AMSA supports increasing deadline to 45 days as opposed to 30 days, because people operate on a monthly cycle. However, Chicago uses fine system and does not have a problem with IUs submitting late reports. In contrast HRSD AMSA notes technical review criteria ( TRC)   should be more relevant to the goals of the pretreatment program, rather than being based on NPDES. AMSA supports replacing rolling quarters with static six month periods for determining SNC to eliminate situations of double jeopardy.


[Federal Register Volume 83, Number 191 (Tuesday, October 2, 2018)]
[Notices]
[Page 49569]
[FR Doc No: 2018-21390]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4381-DR; Docket ID FEMA-2018-0001]

Michigan; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Michigan (FEMA-4381-DR), dated August 2, 2018, and
related determinations.

DATES: The change occurred on September 7, 2018.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, Steven W.
Johnson, of FEMA is appointed to act as the Federal Coordinating
Officer for this disaster.
    This action terminates the appointment of David G. Samaniego as
Federal Coordinating Officer for this disaster.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2018-21390 Filed 10-1-18; 8:45 am]
 BILLING CODE 9111-11-P


Attachment I                                                                                May 23, 2016

Explanation of Methodology and Data Used to Calculate Respondent Burdens and Costs

 Burden Hours for Respondents

 As required, EPA sent consultation questions about the burden and cost estimates to three respondents  -  the Agricultural Handler Exposure Task Force (AHETF), the Antimicrobial Exposure Assessment Task Force II (AEATF), and another third-party study sponsor who has conducted human research studies. The three organizations are experienced in submitting human research to the Office of Pesticide Programs (OPP), and are expected to make additional submissions over the next several years.  The workload of one organization did not allow for a response to EPA's request. Consultation responses were received from AHETF and AEATF and are provided in Attachment H. To calculate new burden and cost estimates for this renewal ICR, EPA relied upon the estimates provided in the two consultation responses and knowledge of the range of protocols/studies to be submitted for review. EPA calculated an average of the different responses, recognizing that some study types are more complicated and costly to conduct than others.

 The respondent burden and cost estimates that appear in Table 1 in the ICR, for research involving intentional exposure of human subjects, are the averages of the values in Table A (burden hour estimates for agricultural handler studies, from the AHETF's consultation response), Table B (burden hour estimates for antimicrobial exposure studies, from the AEATF's consultation response), and Table C (burden hour estimates for insect repellant studies, based on consultation responses from the last ICR which are still applicable today).  The consultation responses influenced the expected annual number of studies used in the calculations.

 Hourly Rates for Respondents

 The two respondents indicated that the hourly rates used by EPA for calculating the estimated costs are too low.  In determining the rates, OPP uses a single source of data, the Bureau of Labor Statistics' National Industry-Specific Occupational Employment and Wage Estimates, and selects the appropriate occupational category.
 Using the BLS data allows EPA to be consistent between across sectors and occupations. If OPP were to separately research wages for each ICR, the methodology in determining the wages would not be consistent and the wage rates could not be compared between sectors and occupations.  Some wages would be biased high, while others would be biased low. The BLS wages are categorized by North American Industry Classification System (NAICS) codes, and therefore are industry-specific. They are, however, national averages.  Therefore, some of the high wages earned by specialists in high cost localities are offset by others who are less specialized in lower cost localities.

 To estimate costs for regulated entities for this renewal ICR, EPA used wage rates from NAICS 541710 (Research and Development in the Physical, Engineering, and Life Sciences). The BLS fully-loaded hourly rates for this industry are $168/hour for management, $87/hour for technical staff, and $50/hour for clerical staff.

 Agency Burden and Costs

 The estimated burden and costs to the Agency are derived from input from EPA staff members who have prepared reviews for studies that were presented to the HSRB. Recognizing that some study types are more complicated and time consuming to review that others, EPA calculated a weighted average using the staff time estimates and the expected frequency of receiving different types of studies.  The weighted averages are provided in ICR Tables 3 and 4. The wage rates EPA used to estimate Agency costs for this renewal ICR were from NAICS 999100 (Federal Executive Branch). The BLS fully-loaded hourly rates for Agency staff are $168/hour for management, $87/hour for technical staff, and $50/hour for clerical staff.

  Number of Transactions

  	The estimated number of transactions is based on the responses from the two respondents received during the recent consultation, information on other types of studies received during the previous consultation, EPA's historical experience, and knowledge of upcoming submissions.

                    RESPONDENT BURDEN HOUR ESTIMATES

  Table A. Agricultural Handler Exposure Studies  -  Burden Hour Estimates from AHETF's Consultation Response

                                  Activities
                           Average Burden Hours Per
                                  Occurrence

       Total Per Response

 Total Hours
                           Cost ($) Estimated by EPA
                            Actual Cost ($) to AHETF

   Mgt
 Technical
 Clerical

  $168
                                      $87
   $50

 Rule familiarization and training (per protocol)

                                       0

                                       0

                                       0

                                       0

   0

   0
 Prepare and submit protocol for IRB review

                                       0

                                       0

                                       0

   0

  0

   0
 Prepare and submit protocol for EPA and HSRB review

                                       0

                                       0

                                       0

  0

  0

  0
 Document ethical conduct of a completed study for which EPA and the HSRB have reviewed the protocol

                                      65

   2000

                                      60

  2125

  187,920

  419,850
 Store, file, and maintain records

                                       5

                                       5

                                       5

                                      15

   1,525

   2,550

 TOTALS

                                      70

   2005

                                      65

  2,140

  489,445

  422,400

  Table B. Antimicrobial Exposure Studies  -  Burden Hour Estimates from AEATF's Consultation Response

       Activities
          Average Burden Hours Per Occurrence

      Total Per Response

   Manage- ment

                                  Total Hours
                           Cost ($) Based on EPA Nos.
 Based on Industry Cost ($)

 Technical
 Clerical

   $168
                                      $87
   $50

 Rule familiarization and training (per protocol)
                                       8
                                      10
                                       7
                                      25
                                    $2,564
                                    $4,500
 Prepare and submit protocol for IRB review
                                      25
                                      225
                                      30
                                      280
                                    $25,275
                                    $53,300
 Prepare and submit protocol for EPA and HSRB review
                                      100
                                      500
                                      40
                                      640
                                    $62,300
                                   $128,400
 Document ethical conduct of a completed study for which EPA and the HSRB have reviewed the protocol
                                      20
                                      150
                                      20
                                      190
                                    $17,410
                                    $36,400
 Prepare and submit final report for EPA and HSRB review*
                                      40
                                      800
                                      40
                                      880
                                    $78,320
                                   $172,800
 Store, file, and maintain records
                                      10
                                      40
                                      10
                                      60
                                    $5,660
                                    $11,200
 TOTALS
                                      203
                                     1,765
                                      147
                                     2,075
                                    $191,529
                                   $406,600

  Note:  EPA combined the two figures in the shaded rows 4 and 5 above in order to fully reflect the respondent's input.  This was necessary because the respondent added row 5* (above) entitled "prepare and submit final report for EPA and HSRB review." From EPA's perspective, row 4 is the essential activity in light of the required activities encompassed by this ICR and the language in the federal rule on protection of human subjects.  Nonetheless, EPA combined the two figures in the shaded rows 4 and 5 above to fully reflect the respondent's input.

  Table C. Insect Repellant Studies  -  Burden Hour Estimates from Consultation during Previous ICR Renewal Process

                                  Activities
                           Average Burden Hours Per
                                  Occurrence

 Total Hours*

                                   Cost ($) *

   Mgt
 Technical
 Clerical

  $168
                                      $87
   $50

 Rule familiarization and training (per protocol)

                                       1

                                       2

                                       2

                                       5

   $442
 Prepare and submit protocol for IRB review

                                       7

                                      25

                                      10

   42

  $3851
 Prepare and submit protocol for EPA and HSRB review

                                       5

                                       3

                                       7

  15

  $1451
 Document ethical conduct of a completed study for which EPA and the HSRB have reviewed the protocol

                                       5

   10

                                       5

  20

  $1960
 Store, file, and maintain records

                                       2

                                       0

                                      10

     12

   $836

 TOTALS

                                      20

   40

                                      34

   94

  $8540

*Note: The total hours and cost above are per response.

  Table D.  Documentation of Ethical Conduct of a Completed Study for which EPA and HSRB have NOT reviewed the Protocol (per requirements at §26.1303)  -  Using information compiled during previous ICR renewal process

     Activities
           Average Burden Hours Per Occurrence
    Total Per Response

                                  Management
                                     $153
                                   Technical
                                      $75
                                   Clerical
                                      $45
 Hours
   Cost ($)
 Document ethical conduct of a completed study for which EPA and the HSRB have not reviewed the protocol

                                                                              2

                                                                             24

                                                                              2

    28

   2,563

  Table 1. Average Burden and Cost Estimates for Respondents  -  Research Involving Intentional Exposure of Human Subjects

  Note: This table takes into account the different types of studies submitted for review.

                                   Activities
                       Average Burden Hours Per Response
                               Total Per Response

                                   Management
                                      $168
                                   Technical
                                      $87
                                    Clerical
                                      $50
                                     Hours
                                    Cost ($)
 Rule familiarization and training
                                       3
                                       4
                                       3
                                       10
                                     $1002
 Prepare and submit protocol for IRB review
                                       11
                                       83
                                       13
                                      107
                                     $9719
 Prepare and submit protocol for EPA and HSRB review
                                       35
                                      168
                                       16
                                      219
                                    $21,296
 Document ethical conduct of a completed study for which EPA and the HSRB have reviewed the protocol; prepare and submit completed study for IRB, EPA, and HSRB Review
                                       43
                                      987
                                       51
                                      1081
                                    $95,643
 Store, file, and maintain records
                                       6
                                       15
                                       8
                                       29
                                     $2713
 Total per response
                                       98
                                      1257
                                       91
                                      1446
                                    $130,373
  Annual Burden:	1,446 hours per response * 7 responses per year = 10,122 hours Annual Costs:	$130,373 per response * 7 responses per year = $912,611

  Table 2. Respondent Burden and Cost Estimates  -  All Other Submitted Research with Human Subjects
                                   Activities
                       Average Burden Hours Per Response
                               Total Per Response

                                   Management
                                      $168
                                   Technical
                                      $87
                                    Clerical
                                      $50
                                     Hours
                                    Cost ($)
 Rule familiarization and training
                                       1
                                       1
                                       0
                                       2
                                      $255
 Prepare and Submit Ethics Information of Completed Human Studies to EPA
                                       0
                                       8
                                       1
                                       9
                                      746
 Store, file, and maintain records
                                       0
                                       0
                                       1
                                       1
                                       50
 Total per response
                                       1
                                       9
                                       2
                                       12
                                     $1051
  Annual Burden:  12 hours per study * 10 studies submitted per year = 120 hours Annual Costs:     $1051 per study * 10 studies submitted per year = $10,510

  Agency Burden Hour Estimates

   Table 3.    Weighted average Agency burden and cost estimates for research involving intentional exposure

                                  Activities
                       Average Burden Hours Per Response
                              Total Per Response

                                  Management
                                    $124/hr
                                   Technical
                                    $82/hr
                                   Clerical
                                    $46/hr
                                     Hours
                                   Cost ($)
Rule familiarization and training
                                       1
                                       2
                                       0
                                       3
                                      288
Primary Review of Scientific and Ethical Aspects of a Protocol
                                       3
                                      210
                                       0
                                      213
                                    17,592
Primary Review of Scientific and Ethical Aspects of a Completed Study Report
                                       3
                                      235
                                       0
                                      238
                                    19,642
Secondary Review of Scientific and Ethical Aspects of a Protocol
                                      197
                                    4,694*
Secondary Review of Scientific and Ethical Aspects of a Completed Report
                                      197
                                    4,694*
Store, file, and maintain records
                                       0
                                       0
                                       2
                                       2
                                      92
Total per response
                                       7
                                      841
                                       2
                                      850
                                    47,002

   *	HSRB members are special government employees; their time should be reflected as part of Agency burden. Cost of HSRB members working on the HSRB report (collectively spending 197 hours per HSRB report in FY 2011, compensated at the 2014 rate of $59/hour), plus the cost of EPA Office of the Science Advisor (OSA) technical staff working on the HSRB report (30 hours per report, at the technical staff rate of $82/hour). Each HSRB report covers an average of 3 protocols and/or completed studies per report, so each topic costs an average of $4,694.

   Annual Burden:  	850 hours per response x 7 per year = 5,950 hours plus 30 for OSA review of HSRB report = 5,980 hours
   Annual Costs:	47,002 x 7 responses/year = $329,014

   Please note that the estimated 7 "responses" per year include 7 protocols plus 7 studies.  This definition of responses is consistent with that used and approved for this ICR in previous years.

  Table 4. Weighted Average Burden and Cost Estimates for Agency  -  Research Involving Intentional Exposure  -  All Other Submitted Research with Human Subjects

                                  Activities
                       Average Burden Hours Per Response
                              Total Per Response

                                  Management
                                    $124/hr
                                   Technical
                                    $82/hr
                                   Clerical
                                    $46/hr
                                     Hours
                                   Cost ($)
Rule familiarization and training
                                       0
                                       0
                                       0
                                       0
                                       0
Primary Review of Ethical Aspects of a Completed Study Report
                                       0
                                       6
                                       0
                                       6
                                      492
Store, file, and maintain records
                                       0
                                       0
                                       0
                                       0
                                       0
Total per response
                                       0
                                       6
                                       0
                                       6
                                      492

   Annual Burden:  	6 hours per study x 20 per year = 120 hours
   Annual Costs:	492 x 20 responses/year = $9,840

   Please note that, as discussed in section 6(c), for the pre-rule human research which does not require HSRB review, EPA assumes that 10 of the 20 studies will be located at the Agency's own initiative and therefore will not be subject to 40 CFR 26.1303. This approach is consistent with that used previously for this ICR.

    Table 5.  Total Annual Bottom Line Burden and Costs/Master Table
                              Collection Activity
                              Annual Burden Hours
                                 Annual Costs
                      Annual Respondent Burden and Costs
Research Involving Intentional 	Exposure of Human Subjects (Table 1)
                                    10,122
                                   $912,611
All Other Submitted Research with Human Subjects (Table 2)
                                      120
                                    $10,510
Respondent Total
                                    10,242
                                   $923,121
                             Annual Agency Burden
Research Involving Intentional 	Exposure of Human Subjects (Table 3)
                                     5,980
                                   $329,014
All Other Submitted Research with 	Human Subjects (Table 4)
                                      120
                                      $9,840
Agency Total
                                     6,100
                                   $338,854

             Number of Transactions: September 2012  -  August 2015

Intentional Exposure Studies
 AHETF Monitoring Program
 See the consultation responses in Attachment H.
 In Table 2 of consultation responses, AHETF estimates 2 completed studies per year for FY 17 and FY 18.
 Figures used in ICR: 2 "transactions" per year

 AEATF Monitoring Program
 See the consultation responses in Attachment H.
 In Table 2 of consultation responses, AEATF estimates 4 protocols in FY 2017, 3 studies in FY 2017, and 1 study in FY 2018, for a total of 8 over 3 years.
 Figures used in ICR: 2 "transactions" per year (2 protocols + 2 completed study reports)

 Insect Repellent Efficacy Testing
 Figures used in ICR: 2 "transactions" per year (2 protocols + 2 completed study reports)

 Other Post-Rule Studies
 These could include exposure studies from sources other than the task forces, ADME studies, skin patch tests of irritation or sensitization, systemic toxicity tests, or others.
 All would require submission of a protocol before execution and of a completed report after execution; both the protocol and the report would require EPA and HSRB review.
 Estimate: 1 protocol and 1 completed study per year. (This is likely an over-estimate)

Studies which are Not Intentional Exposure
 Pre-Rule Completed Studies which do not measure or identify a toxic effect
 These studies do not go to the HSRB, but they do require an EPA ethics review. Historical level: 20 reviews per year.
 Assume workload to remain constant over the time period of the ICR
 Estimate: 20 per year (estimated that 10 studies/year are submitted from outside parties, and therefore subject to the requirements of 40 CFR 26.1303 requiring submitters to document the ethical conduct; estimated that 10 studies/year are located by the Agency at its own initiative, and therefore not subject to 40 CFR 26.1303)

 TOTAL RESPONSES PER YEAR TO BE USED IN ICR ESTIMATES:
 7 intentional exposure human studies (rule familiarization + protocol stage where applicable + completed report stage + records storage)
 20 studies/year requiring EPA ethics review, but not HSRB review (pre-rule studies that do not measure or identify a toxic effect)


each Class of the Fund to be separately identified.
* * * * *

    By the Commission.

    Dated: March 1, 2017.
Brent J. Fields,
Secretary.
[FR Doc. 2017-04366 Filed 3-16-17; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 213 (Monday, November 4, 2013)]
[Rules and Regulations]
[Pages 65873-65874]
[FR Doc No: 2013-26229]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2013-0870]

Drawbridge Operation Regulation; Old River, Between Victoria
Island and Byron Tract, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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

SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the State Highway 4 Drawbridge across
Old River, mile 14.8 between Victoria Island and Byron Tract, CA. The
deviation is necessary to allow the bridge owner to make critical
repairs to the bridge shafts and gears. This deviation allows the
bridge to remain in the closed-to-navigation position during the
deviation period.

DATES: This deviation is effective from November 4, 2013 through
November 8, 2013, and has been enforced with actual notice since
October 14, 2013.

ADDRESSES: The docket for this deviation, [USCG-2013-0870], is
available at http://www.regulations.gov. Type the docket number in the
``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the
line associated with this deviation. You may also visit the Docket
Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email David H. Sulouff, Chief, Bridge
Section, Eleventh Coast Guard District; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing the docket,
call Barbara Hairston, Program Manager, Docket Operations, telephone
202-366-9826.

SUPPLEMENTARY INFORMATION: California Department of Transportation has
requested a temporary change to the operation of the State Highway 4
Drawbridge, mile 14.8, over Old River, between Victoria Island and
Byron Tract, CA. The drawbridge navigation span provides 12 feet
vertical clearance above Mean High Water in the closed-to-navigation
position. Pursuant to 33 CFR 117.183, the draw opens on signal from May
1 through October 31 from 6 a.m. to 10 p.m. and from November 1 through
April 30 from 9 a.m. to 5 p.m. and at other times, opening the draw on
signal if at least four hours advance notice is given to the drawtender
at the Rio Vista drawbridge across the Sacramento River, mile 12.8.
Navigation on the waterway is recreational and commercial.
    The drawspan will be secured in the closed-to-navigation position
from 6 a.m. on October 14, 2013 to 6 p.m. on November 8, 2013, to allow
the bridge owner to replace worn out shafts and gears, critical
components of the drawbridge. This temporary deviation has been
coordinated with the waterway users. No objections to the proposed
temporary deviation were raised.
    Vessels able to pass through the bridge in the closed positions may
do so at anytime. The bridge will not be able to open for emergencies.
An alternative route around Victoria Island may be used for vessels
unable to pass through the bridge in the closed position. The Coast
Guard will also inform the users of the waterways through our Local and
Broadcast Notices to Mariners of the change in operating schedule for
the bridge so that vessels can arrange their transits to minimize any
impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: October 8, 2013.
D.H. Sulouff,
District Bridge Chief, Eleventh Coast Guard District.
[FR Doc. 2013-26229 Filed 11-1-13; 8:45 am]
BILLING CODE 9110-04-P