  SEQ CHAPTER \h \r 1 SUPPORTING STATEMENT

NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS (NESHAP) FOR AREA SOURCES:  ACRYLIC AND MODACRYLIC FIBERS PRODUCTION, CARBON BLACK PRODUCTION, CHEMICAL MANUFACTURING: CHROMIUM COMPOUNDS, FLEXIBLE POLYURETHANE FOAM PRODUCTION AND FABRICATION, LEAD ACID BATTERY MANUFACTURING, AND WOOD PRESERVING

PART A

1.0  Identification of the Information Collection

(a) Title and Number of the Information Collection.

	“NESHAP for Area Sources:  Acrylic and Modacrylic Fibers Production, Carbon Black Production, Chemical Manufacturing: Chromium Compounds, Flexible Polyurethane Foam Production and Fabrication, Lead Acid Battery Manufacturing, and Wood Preserving.”  This is a new information collection request (ICR) and the EPA tracking number is 2240.01.

 (b) Short Characterization.

	This ICR covers information collection requirements in the proposed area source rules for

acrylic and modacrylic fibers production (40 CFR part 63, subpart LLLLLL), carbon black production (40 CFR part 63, subpart MMMMMM), chemical manufacturing: chromium compounds (40 CFR part 63, subpart NNNNNN), flexible polyurethane foam production and fabrication (40 CFR part 63, subpart OOOOOO), lead acid battery manufacturing (40 CFR part 63, subpart PPPPPP), and wood preserving (40 CFR part 63, subpart QQQQQQ).

	The first type of potential respondents is owners or operators of any existing or new acrylic or modacrylic fibers production plant that is an area source of hazardous air pollutants (HAP) emissions.  The one existing area source is already subject to emissions limits and other requirements that are the same as those in this proposed NESHAP.  These include numerical limits for acrylonitrile emissions from the control devices (packed column scrubbers) for polymerization process equipment (e.g., reactors, feed tanks) and monomer recovery process equipment such as polymer holding tanks; operating limits for the scrubbers; and requirements in 40 CFR part 60, subpart Kb pertaining to volatile organic liquids in storage tanks for purchased acrylonitrile tanks.  The proposed standards for new area source acrylic or modacrylic fibers production plants apply to process vents, fiber spinning lines, storage tanks, process wastewater, and equipment leaks.  These include numerical limits for acrylonitrile emissions from these sources and various testing, monitoring, and recordkeeping requirements.  Proposed compliance requirements for all sources include an initial notification of applicability, a notification of compliance status, and a startup shutdown malfunction (SSM) plan.

	The second type of potential respondents is owners or operators of any existing or new carbon black production plant that is an area source of HAP emissions.  The one existing area source is already subject to emission limits and other requirements that are the same as those proposed in this NESHAP.  These include requirements to reduce emissions from carbon black production units by using either a flare or by venting through a closed vent system to a control device that reduces emissions by 98 weight-percent or to a HAP concentration of 20 parts per million by volume (ppmv).  Area sources are also required to monitor operating parameters specific to the type of control device being used.  The requirements for new area source carbon black production plants are the same as those for existing plants.  Proposed compliance requirements include initial notification, a notification of compliance status, periodic reports, and a SSM plan.

The third type of potential respondents is owners or operators of area source facilities that use chromite ore as the basic feedstock to manufacture chromium compounds, primarily sodium dichromate, chromic acid, and chromic oxide.  There are only two plants in this area source category, and both are already subject to PM control requirements that are the same as those in the proposed NESHAP.   Sources will be subject to PM emissions limits and inspection and maintenance requirements specific to the type of control device.  Proposed compliance requirements include an initial notification of applicability, a notification of compliance status, and a SSM plan.

The fourth type of potential respondents is owners or operators of area source facilities that manufacture or fabricate flexible polyurethane foam.  There are hundreds of plants in this area source category, but almost all of them have already discontinued use of the Urban HAP of interest, methylene chloride.  Use of materials containing methylene chloride is forbidden for mixhead flush, mold release agents, and equipment cleaning at slabstock, molded, and rebond foam production facilities.  Foam fabrication facilities will be forbidden to use adhesives containing methylene chloride.  Proposed compliance requirements for molded and rebond foam facilities, and foam fabrication facilities not operating loop slitters include only recordkeeping requirements.  Proposed compliance requirements for foam fabrication facilities operating loop slitters include a notification of compliance status.   Emissions limits are established for HAP emissions from auxiliary blowing agents (ABA) used in production lines at slabstock foam production facilities, using a formula which takes into account the variable amount of ABA used to produce different grades of foam.  Proposed compliance requirements for slabstock foam facilities using no methylene chloride include a notification of compliance status.  Proposed compliance requirements for slabstock foam production facilities using HAP-containing ABA include an initial notification of applicability, a pre-compliance report, notification of compliance status, semiannual reports, and an annual compliance certification.

	The fifth type of potential respondents is owners or operators of any existing or new lead acid battery manufacturing facility that is an area source of HAP emissions.  The 58 existing facilities are already subject to or able to meet the emission limits and other requirements of the NSPS for lead acid batteries contained in 40 CFR 60.372 of subpart KK.  The lead acid battery NSPS emission limits and other requirements are the same as those proposed in this NESHAP.  These include numerical emissions limits for grid casting, paste mixing, three-process operation, lead oxide manufacturing, lead reclamation, and other lead emitting processes.  This proposed NESHAP requires control by fabric filters for the paste mixing, three-process operation, lead oxide manufacturing, and other lead-emitting processes and by impingement scrubber for the grid casting and lead reclamation processes.  The requirements for new area source lead acid battery manufacturing facilities are the same as those for existing facilities.  Proposed compliance requirements include initial notifications, a notification of compliance status, and the monitoring, testing, recordkeeping, and reporting requirements in the NSPS for lead acid batteries.

The sixth type of potential respondents is owners or operators of area source facilities that use pressure or thermal processes to impregnate chemicals into wood to a depth that will provide effective long-term resistance to attack by fungi, bacteria, insects, and marine borers.  Existing facilities in the wood preserving source category are currently well controlled in terms of urban metal HAP emissions as a result of a voluntary decision by the industry to discontinue the consumer uses of chromated copper arsenate (CCA).  All sources will be required to submit an initial notification of applicability, notification of compliance status, and a compliance report within 30 days of a deviation from prohibitions.  No other recordkeeping or reporting requirements in the General Provisions would apply.

	New and existing area sources (except as specifically excluded) would be subject to requirements in the General Provisions (40 CFR Part 63, Subpart A).  An existing affected source would be required to submit an initial notification of applicability and a notification of compliance status.  The owner or operator of an existing affected source would be allowed to certify initial compliance based on previous performance test results; performance tests would be required to demonstrate initial compliance for a new affected source   The owner or operator of an existing affected source would also be required to comply with the requirements for startup, shutdown, and malfunction (SSM) plans and reports in 40 CFR 63.6(e)(3).  All requirements in the General Provisions would apply to the owner or operator of a new affected source.

The proposed information collection requirements for existing and new area sources are listed in Attachments 1A and 1B.

2.  Need For and Use of the Collection

(a)	Need/Authority for the Collection.

	Section 112 of the Clean Air Act (CAA) requires EPA to establish NESHAP for both major and area sources of HAP that are listed for regulation under CAA section 112(c).  An area source is a stationary source that is not a major source (i.e., an area source does not emit and does not have the potential to emit more than 10 tons per year of any single HAP or more than 25 tons per year of any combination of HAP).  Requirements for area sources in CAA sections 112(c)(3) and 112(k) direct EPA to (1)  identify at least 30 air toxics that present the greatest potential health threat in the largest number of urban areas and (2) to identify sufficient area source categories to ensure that sources representing 90 percent or more of the of the emissions of the 30 “listed” HAP are subject to regulation.  EPA implements these requirements through the Integrated Urban Air Toxics Strategy (64 FR 38715, July 19, 1999).  Each of the source categories included in the proposed NESHAP are on the Integrated Urban Air Toxics Strategy Area Source Category List.

Under  CAA section 112(d)(5), we may elect to promulgate HAP standards for area sources based on the use of generally available control technology (GACT) or management practices used by the sources.  We can consider costs and economic impacts in determining GACT, which is particularly important when developing regulations for source categories that may have few establishments and many small businesses, or when determining whether additional control is needed for sources that are already well-controlled as a result of other air emissions standards.

 Facilities in these source categories are currently well controlled as a result of State and national standards and permitting requirements for criteria pollutants that obtain co-control of HAP.  There is only one area source plant in the U.S. in the acrylic and modacrylic fibers source category, and this plant is currently subject to State permit requirements.  The two area source plants that manufacture chromium compounds and the one area source plant in the carbon black production source category are well controlled as a result of title V permit requirements.  Of the 58 area source plants in the lead acid battery manufacturing category, we believe all are already subject to (or can achieve) the requirements of the new source performance standard (NSPS) for lead-acid battery manufacturing plants at 40 CFR part 60, subpart KK.

There are hundreds of facilities in the flexible polyurethane foam and fabrication area source categories.  The vast majority of these facilities no longer use methylene chloride in the processes for several reasons, including State and national air emission standards and worker exposure limits established by the Occupational Safety and Health Administration (OSHA). For the purposes of this estimate, we have assumed that there are fifty area source slabstock foam production facilities in the country, including one which still uses methylene chloride as an auxiliary blowing agent.

There are approximately 400 area source facilities in the wood preserving area source category.  All of these facilities are well controlled in terms of metal HAP (i.e., chromium and arsenic) emissions as a result of a February 2002 voluntary decision by the industry to discontinue the consumer uses of chromated copper arsenate as a wood preservative.  These facilities have also discontinued the use of methylene chloride.

	Certain records and reports are necessary for the Administrator to confirm the compliance status of area sources, identify any new or reconstructed sources subject to the standards, and confirm that the standards are being achieved on a continuous basis.  These recordkeeping and reporting requirements are specifically authorized by section 114 of the Clean Air Act (42 U.S.C. 7414) and set out in the part 63 NESHAP General Provisions.  The recordkeeping and reporting requirements for title V permits are contained in 40 CFR 70.6 and 40 CFR 71.6.   Under parts 63 and 70 or 71, the owner or operator must keep each record for 5 years following the date of each occurrence, measurement, maintenance, corrective action, report, or record.

 (b)	Use/Users of the Data.

	The information will be used by the delegated authority (State agency or Regional Administrator if there is no delegated State agency) to ensure that the emissions limits and other requirements are being achieved.  Based on review of the recorded information at the site and the reported information, the delegated permitting authority can identify facilities that may not be in compliance and decide which plants, records, or processes may need inspection.

3.	Nonduplication, Consultations, and Other Collection Criteria

(a)	Nonduplication.

A computer search of EPA's ongoing ICR's revealed no duplication of information-gathering efforts.

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

	This section is not applicable because this is a rule-related ICR.

(c)	Consultations.

The proposed rules were developed in consultation with individual plants, State agencies, and trade associations.  The non-EPA persons consulted on the information collection activities are identified in Table 1.

TABLE 1.  PERSONS CONSULTED ON THE INFORMATION COLLECTION ACTIVITIES

Contact	Applicable Subpart	Organization	Telephone Number

Mike Thrasher	Subpart LLLLLL	Hexcel Corporation<PHONE_NUMBER>

Bryan Johnson	Subpart MMMMMM	Louisiana Department of Environmental Quality<PHONE_NUMBER>

Grover Campbell	Subpart MMMMMM	Oklahoma Department of Environmental Quality<PHONE_NUMBER>

Kevin Cowan	Subpart NNNNNN	Elementis Chromium (NC)<PHONE_NUMBER>

Joel Barnhart	Subpart NNNNNN	Elementis Chromium (TX)<PHONE_NUMBER>

Bob Luedeka	Subpart OOOOOO	Polyurethane Foam Association (PFA)	(865) 690-4648

Terry Grosso	Subpart OOOOOO	Foamex<PHONE_NUMBER>

Curt Baker	Subpart OOOOOO	Flexible Foam<PHONE_NUMBER>

Mike Cortright	Subpart OOOOOO	Flex-Foam Inc.<PHONE_NUMBER>

Saskia Mooney	Subpart PPPPPP	Wiley Rein & Fielding LLP representing the Battery Council International (BCI)<PHONE_NUMBER>

Donna Moore	Subpart PPPPPP	Kentucky Division for Air Quality	(502) 573-3382

Chris Romaine	Subpart PPPPPP	Illinois Bureau of Air Quality	(217) 782-2113

John Rustige	Subpart PPPPPP	Missouri Department of Natural Resources (573) 751-3443

Joseph Cole	Subpart PPPPPP	Axion Power Battery<PHONE_NUMBER>

Tim Lafond	Subpart PPPPPP	Johnson Controls Inc.<PHONE_NUMBER>

Steve Weflin	Subpart PPPPPP	Delphi Inc.<PHONE_NUMBER>

Jeff Miller	Subpart QQQQQQ	Treated Wood Council<PHONE_NUMBER>

(d)	Effects of Less Frequent Collection.

	If the relevant information were collected less frequently, the delegated permitting authority (State or EPA) would not be reasonably assured that a plant is in compliance with the standards.

(e)	General Guidelines.

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

(f)	Confidentiality.

	All information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to the Agency policies set forth in Title 40, Chapter 1, Part 2, Subpart B -- Confidentiality of Business Information (see 40 CFR 2; 41 FR 36902, September 1, 1976; amended by 43 FR 39999, September 28, 1978; 43 FR 42251, September 28, 1978; 44 FR 17674, March 23, 1979).

(g)  Sensitive Questions.

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

4.	The Respondents and the Information Requested

(a)	Respondents/NAICS Codes.

	Potential respondents under proposed Subpart LLLLLL are owners or operators of any existing or new acrylic or modacrylic fibers production plant that is an area source of hazardous air pollutants (HAP) emissions.  The one existing area source is already subject to emissions limits and other requirements that are the same as those in this proposed NESHAP.  The North American Industry Classification System (NAICS) code for acrylic or modacrylic fibers production plants is 325222.  We estimate that one existing source would be subject to the proposed NESHAP; no new area sources are projected during the 3 year period of this ICR.

Potential respondents under proposed Subpart MMMMMM are owners or operators of any existing or new area source facilities that manufacture carbon black using the furnace, thermal, or acetylene decomposition process.  The NAICS code for carbon black production is 325182.  We estimate that one existing source would be subject to the proposed NESHAP; no new area sources are projected during the 3 year period of this ICR.

Potential respondents under proposed subpart NNNNNN are owners or operators of area source facilities that use chromite ore as the basic feedstock to manufacture chromium compounds, primarily sodium dichromate, chromic acid, and chromic oxide.  Chromium products are contained in NAICS code 325188.  There are only two existing plants; no new area sources are expected during the 3-year period of this ICR.

Potential respondents under proposed Subpart OOOOOO are owners or operators of existing or new area source facilities that either manufacture foam from polyurethane polymer or cut or bond flexible polyurethane foam pieces together or to other substrates.  The NAICS code for flexible polyurethane foam production and fabrication is 326150.  We estimate that 500 or more existing sources would be subject to the proposed NESHAP; no new area sources are projected during the 3 year period of this ICR.

Potential respondents under proposed Subpart PPPPPP are owners or operators of existing or new area source facilities that manufacture lead acid storage batteries made from lead alloy ingots and lead oxide.  The NAICS code for lead acid battery manufacturing is 335911.  We estimate that 58 existing sources would be subject to the proposed NESHAP; no new area sources are projected during the 3 year period of this ICR.

Potential respondents under proposed subpart QQQQQQ are owners or operators of area source facilities that use pressure or thermal processes to impregnate chemicals into wood to a depth that will provide effective long-term resistance to attack by fungi, bacteria, insects, and marine borers.  The NAICS code for wood preserving is 321114.  There are approximately 400 area source facilities in the wood preserving area source category; no new area sources are expected during the 3 year period of this ICR.

(b) Information Requested.

	(i)  Data Items, Including Recordkeeping Requirements.  Attachments 1A and 1B, Source Data and Information Requirements, summarizes the proposed data items, including recordkeeping and reporting requirements.

	(ii)  Respondent Activities.  The respondent activities required by the proposed rules are identified in Tables 2A, 2B, 2C, 2D, 2E, and 2F and are introduced in section 6(a).

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

(a)	Agency Activities.

	The Agency activities are provided in Tables 3A, 3B, 3C, 3D, 3E, and 3F and are introduced in section 6(c).

(b)	Collection Methodology and Management.

	Data and records maintained by the respondents are tabulated and published for use in compliance and enforcement programs of the delegated permitting authority.  The monitoring reports submitted to the permitting authority are used for problem identification, as a check on source operation and maintenance, and for compliance determinations.  EPA is the permitting authority until the State agency is delegated authority to implement the final rule.  Therefore, information contained in the reports submitted to the Regional Administrator will be entered into the Air Facility System (AFS), which is operated and maintained by EPA's Office of Compliance.  AFS is EPA’s database for the collection, maintenance, and retrieval of compliance data for approximately 125,000 industrial and government-owned facilities.  EPA uses the AFS 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.

(c)  Small Entity Flexibility.

	The Small Business Administration defines a small entity as a firm having no more than 1,000 employees (for the acrylic and modacrylic fibers production facilities and chromium compound production facilities) or 500 employees (for the production of carbon black, flexible polyurethane foam, lead acid batteries, and for the wood preserving industry).  There would not be adverse impacts on any small entities in any of the seven source categories because the proposed rules do not create any new requirements or burdens for existing sources other than minimal notification, reporting, and recordkeeping requirements.

(d)  Collection Schedule.

	The specific frequency for each information collection activity within this request is shown in Tables 2A, 2B, 2C, 2D, 2E, and 2F.

6.   Estimating the Burden and Cost of the Collection

(a)  Estimating Respondent Burden.

	The annual burden estimates for the proposed NESHAP are shown in Tables 2A (for subpart LLLLLL), 2B (for subpart MMMMMM), 2C (for subpart NNNNNN), 2D (for subpart OOOOOO), 2E (for subpart PPPPPP), and 2F (for subpart QQQQQQ).  These numbers were derived from estimates based on EPA’s experience with other standards.  No burden estimates are provided for new area sources because no new facilities are expected during the 3-year period of this ICR.

(b)  Estimating Respondent Costs.

	The information collection activities for the proposed NESHAP are presented in Tables 2A, 2B, 2C, 2D, 2E, and 2F.  Because the data are already collected by respondents as required by the existing permit requirements, no respondent development costs are associated with the information collection activities.

(i)  Estimating Labor Costs.  Labor rates and associated costs are based on Bureau of Labor Statistics (BLS) data.  Technical, management, and clerical average hourly rates for private industry workers were taken from the United States Department of Labor, Bureau of Labor Statistics, December 2006, “Table 2. Civilian Workers, by occupational and industry group” available at   HYPERLINK "http://www.bls.gov/news.release/ecec.t02.htm"  http://www.bls.gov/news.release/ecec.t02.htm .  Wages for occupational groups are used as the basis for the labor rates with a total compensation of $41.89/hour for technical, $48.09/hour for managerial, and $20.86/hour for clerical.  These rates represent salaries plus fringe benefits and do not include the cost of overhead.  An overhead rate of 110 percent is used to account for these costs.  The fully-burdened hourly wage rates used to represent respondent labor costs are:  technical at $87.98, management at $100.98, and clerical at $43.80.

	(ii)  Estimating Capital and Operations and Maintenance (O&M) Costs.  The proposed NESHAP does not require the installation of any new control devices or monitoring systems at existing facilities.  Capital and O&M costs are not estimated for new sources because no new sources are expected during the next 3-year period.  Therefore, no (zero) capital and O&M costs are associated with the proposed NESHAP during the 3-year period of this ICR.

	(iii)  Capital/Startup vs. O&M Costs.  Capital/startup costs are not estimated for existing area sources because the proposed NESHAP do not require the installation of any new control devices or monitoring systems.   Capital/startup costs are not estimated for new sources because no new sources are expected during the next 3-year period.  Therefore, no (zero) capital/startup are associated with the proposed NESHAP during the 3-year period of this ICR.

	(iv)  Annualizing Capital Costs.  No capital costs are associated with the proposed NESHAP.  Therefore, no (zero) annualized costs are associated with the proposed NESHAP during the 3-year period of this ICR.

(c)  Estimating Agency Burden and Cost.

	Because the information collection requirements were developed as an incidental part of standards development, no costs can be attributed to the development of the information collection requirements.  Because reporting and recordkeeping requirements on the part of the respondents are required under the operating permits rules in 40 CFR part 70 or part 71 and the part 63 NESHAP General Provisions, no operational costs would be incurred by the Federal Government.  Publication and distribution of the information are part of the Compliance Data System, with the result that no Federal costs can be directly attributed to the ICR.  Examination of records to be maintained by the respondents will occur incidentally as part of the periodic inspection of sources that is part of EPA's overall compliance and enforcement program, and, therefore, is not attributable to the ICR.  The only costs that the Federal government would incur are user costs associated with the analysis of the reported information, as presented in Tables 3A, 3B, 3C, 3D, 3E, and 3F.

	The Agency labor rates are from the Office of Personnel Management (OPM) 2006 General Schedule which excludes locality rates of pay.  These rates can be obtained from Salary Table 2006-GS available on the OPM website,   HYPERLINK "http://www.opm.gov/oca/06tables/html/gs_h.asp"  http://www.opm.gov/oca/06tables/html/gs_h.asp . The government employee labor rates are $14.35/hour for clerical (GS-6, Step 3), $26.53 for technical (GS-12, Step 1), and $35.75/hr for management (GS-13, Step 5).  These rates were increased by 60 percent to include fringe benefits and overhead.  The fully-burdened wage rates used to represent Agency labor costs are:  clerical at $22.96; technical at $42.45, and management at $57.20.

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

There is one existing acrylic and modacrylic fiber production area source facility.  No new sources are expected during the next 3 years.  Consequently, the average number of respondents during the 3 year period of this ICR is 0.33.  There is one existing carbon black production area source.  No new sources are expected during the next 3 years.  Consequently, the average number of respondents during the 3 year period of this ICR is 0.33.  There are two existing chromium compound manufacturing area sources.  No new sources are expected during the next 3 years.  Consequently, the average number of respondents during the 3 year period of this ICR is 0.67.  There are approximately 500 existing flexible polyurethane foam production and fabrication area sources.  No new sources are expected during the next 3 years.  Consequently, the average number of respondents during the 3 year period of this ICR is 166.67.  Forty-nine  slabstock foam production area sources are subject to reporting requirements (notification of compliance status) that the other foam facilities are not.  The average number of respondents required to submit a notification of compliance status during the three year period of this ICR is 16.67.  A single slabstock foam production plant which still uses methylene chloride is projected to have a higher burden than the other plants due to burden items resulting from additional rule requirements.  There are 58 existing lead acid battery manufacturing area sources.  No new sources are expected during the next 3 years.  Consequently, the average number of respondents during the 3 year period of this ICR is 19.33.  There are 393 existing wood preserving area sources.  No new sources are expected during the next 3 years.  Consequently, the average number of respondents during the 3 year period of this ICR is 131.   The total average number of respondents for all source categories is 0.33 + 0.33 + 0.67 +166.67+ 19.33 + 131= 318.33.

The only components of the total annual responses attributable to this ICR are a startup, shutdown, and malfunction plan for some plants, two one-time initial notifications for each existing facility, and initial performance tests for lead acid battery plants and one chromium plant.

The number of total annual responses for proposed subpart LLLLLL (acrylic and modacrylic fibers production area sources) is estimated as:  (0.33 annual average respondents × 1 notification) + (0.33 annual average respondents × 1 notification) + (0.33 annual average respondents × 1 written plan).   Therefore, the number of total annual responses for proposed subpart LLLLLL is 1.

The number of total annual responses for proposed subpart MMMMMM (carbon black production area sources) is estimated as:  (0.33 annual average respondents × 1 notification) + (0.33 annual average respondents × 1 notification) + (0.33 annual average respondents × 1 written plan).   Therefore, the number of total annual responses for proposed subpart MMMMMM is 1.

The number of total annual responses for subpart NNNNNN (chemical manufacturing: chromium compounds area sources) is estimated as:  (0.67 annual average respondents × 1 notification) + (0.67 annual average respondents × 1 notification) + (0.67 annual average respondents × 1 written plan).  Therefore, the number of total annual responses for subpart NNNNNN is 2.

The number of total annual responses for proposed subpart OOOOOO (flexible polyurethane foam production and fabrication area sources) is estimated as:  (16.67 annual average* respondents × 1 notification) + (0.33 annual average respondents × 5 notifications).   Therefore, the number of total annual responses for proposed subpart OOOOOO is 18.

The number of total annual responses for proposed subpart PPPPPP (lead acid battery manufacturing area sources) is estimated as:  (19.33 annual average respondents × 1 notification) + (19.33 annual average respondents × 1 notification) + (5 annual average respondents × 1 performance test).   Therefore, the number of total annual responses for proposed subpart PPPPPP is 44.

The number of total annual responses for proposed subpart QQQQQQ (wood preserving area sources) is estimated as:  (131 annual average respondents × 1 notification) + (131 annual average respondents × 1 notification).   Therefore, the number of total annual responses for proposed subpart QQQQQQ is 262.

The total number of responses for the combined source categories is 328.

 (e)	Bottom Line Burden Hours and Cost Tables.

	(i)  Respondent tally.  The bottom line respondent burden hours and costs, presented in Tables 2A, 2B, 2C, 2D, 2E, and 2F are calculated by adding person-hours per year down each column for technical, managerial, and clerical staff, and by adding down the cost column.

The average annual burden for the monitoring, recordkeeping, and reporting requirements in proposed subpart LLLLLL for the one existing acrylic and modacrylic production area source is 9 person hours with an annual average cost of $780 with no capital and O&M costs.

The average annual burden for the monitoring, recordkeeping, and reporting requirements in proposed subpart MMMMMM for the one existing carbon black manufacturing area source is 9 person hours with an annual average cost of $780 with no capital and O&M costs.

The average annual burden for the monitoring, recordkeeping, and reporting requirements in proposed subpart NNNNNN for the two existing chromium chemical compound production area sources is 194 person hours with an annual average cost of $16,409 with no capital and O&M costs.

The average annual burden for the monitoring, recordkeeping, and reporting requirements in proposed subpart OOOOOO for the 500+ existing flexible polyurethane production and fabrication area sources is 835 person hours with an annual average cost of $70,686 with no capital and O&M costs.

The average annual burden for the monitoring, recordkeeping, and reporting requirements in proposed subpart PPPPPP 58 existing lead acid battery manufacturing area sources is 675 person hours with an annual average cost of $57,147 with no capital and O&M costs.

The average annual burden for the monitoring, recordkeeping, and reporting requirements in proposed subpart QQQQQQ for the 393 existing wood preserving area sources is 1,055 person hours with an annual average cost of $89,324 with no capital and O&M costs.

The total annual burden for all source categories is 2,777 hours at $235,126 with no capital and O&M costs.

	(ii)  The Agency tally.  The total annual Federal Government cost is $46,940 for 1,133 total annual hours.  The bottom line Agency burden hours and costs presented in Tables 3A, 3B, 3C, 3D, 3E, and 3F are calculated by adding person-hours per year down each column for technical, managerial, and clerical staff, and by adding down the cost column.

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

(f)	Reasons for Change in Burden.

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

 (g)  Burden Statement

	The average annual respondent burden for the proposed NESHAP for acrylic and modacrylic production area sources is estimated at 9 hours.  The average annual respondent burden for the proposed NESHAP for carbon black manufacturing area sources is estimated at 9 hours.   The average annual respondent burden for the proposed NESHAP for chromium chemical compound production area sources is estimated at 179 hours.  The average annual respondent burden for the proposed NESHAP for flexible polyurethane production and fabrication area sources is estimated at 835 hours.  The average annual respondent burden for the proposed NESHAP for lead acid battery manufacturing area sources is estimated at 675 hours.  The average annual respondent burden for the proposed NESHAP for wood preserving area sources is estimated at 1,055 hours.

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

	An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.  The OMB control numbers for EPA's regulations in 40 CFR part 63 are listed in 40 CFR part 9.

	To comment on the Agency’s need for this information the accuracy of the provided burden estimates, and any suggestions for minimizing respondent burden, including through the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID No. EPA-HQ-OAR-2006-0897, which is available for online viewing at   HYPERLINK "http://www.regulations.gov"  www.regulations.gov , or in person viewing at the Air and Radiation Docket and Information Center in the EPA Docket Center (EPA/DC), EPA West, Room B-102, 1301 Constitution Ave., NW, Washington, DC.  The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.  The telephone number for the Reading Room is (202) 566-1744, and the telephone number for the Air Docket is (202) 566-1927.  An electronic version of the public docket is available at   HYPERLINK "http://www.regulations.gov."  http://www.regulations.gov.   This site can be used to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically.  When in the system, select “search,” then key in the Docket ID Number identified above.  Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention Desk Officer for EPA.  Please include the EPA Docket ID No. EPA-HQ-OAR-2006-0897 in any correspondence.

NOTE:  The EPA Docket Center suffered damage due to flooding during the last week of June 2006.  The Docket Center is continuing to operate.  However, during the cleanup, there will be temporary changes to Docket Center telephone numbers, addresses, and hours of operation for people who wish to visit the Public Reading Room to view documents.  Consult EPA's Federal Register notice at 71 FR 38147 (July 5, 2006) or the EPA website at   HYPERLINK "http://www.epa.gov/epahome/dockets.htm"  www.epa.gov/epahome/dockets.htm  for current information on docket status, locations and telephone numbers.

PART B

	This section is not applicable because statistical methods are not used in data collection associated with the proposed rules.TABLE 2A.  ANNUAL RESPONDENT BURDEN AND COST-- NESHAP FOR AREA SOURCES:

ACRYLIC AND MODACRYLIC FIBERS PRODUCTION

Burden item	(A) Person-hours per occurrence	(B)  No. of occurrences per respondent	(C) Person-hours per respondent (C=A*B)	(D) Respondents per yeara	(E) Technical person-hours per year (E=C*D)	(F) Management person-hours per year

 (E*0.05)	(G) Clerical person-hours per year (E*0.1)	(H) Costb, $

1.  Applications	N/A

	2.  Surveys and Studies	N/A

	3.  Acquisition, Installation, and Utilization of Technology

     and Systems	N/A

	4.  Reporting Requirements

A.  Read instructions	8	1	8	0.33	2.67	0.13	0.27	$260

B.  Required activities

     Prepare startup, shutdown, malfunction plan	4	1	4	0.33	1.33	0.07 0.13	$130

     Initial notification of applicability	4	1	4	0.33	1.33	0.07	0.13 $130

     Initial notification of compliance status	8	1	8	0.33	2.67	0.13	0.27 $260

C.  Create information	See 4B

	D.  Gather existing information	See 4B

	E.  Write report	See 4B

	5.  Recordkeeping Requirements

A.  Read instructions	See 4A

	B.  Plan activities	See 4A

	C.  Implement activities	See 4A

	D.  Record datac	N/A

	E.  Time to transmit or disclose information	See 4B

	F.  Time to train personnelc	N/A

	G.  Time for auditsc	N/A

	TOTAL LABOR BURDEN AND COST

9 hrs/yr	$780

N/A = not applicable.

a There is one existing acrylic and modacrylic production facility that is an area source.  No new sources are projected during the 3-year term of this ICR.  Therefore, the average number of respondents per year is 0.33 (1÷3=0.33).

b  This ICR uses the following labor rates: $100.98 for managerial labor, $87.98 for technical labor, and $43.80 for clerical labor.  These rates are from the U.S. Department of Labor, Bureau of Labor Statistics, December 2005, (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.

c No hours or costs are associated with this item because the rule imposes no additional burden. TABLE 2B.  ANNUAL RESPONDENT BURDEN AND COST-- NESHAP FOR AREA SOURCES:  CARBON BLACK PRODUCTION

Burden item	(A) Person-hours per occurrence	(B)  No. of occurrences per respondent	(C) Person-hours per respondent (C=A*B)	(D) Respondents per yeara	(E) Technical person-hours per year (E=C*D)	(F) Management person-hours per year

 (E*0.05)	(G) Clerical person-hours per year (E*0.1)	(H) Costb, $

1.  Applications	N/A

	2.  Surveys and Studies	N/A

	3.  Acquisition, Installation, and Utilization of Technology

     and Systemsc	N/A

	4.  Reporting Requirements

A.  Read instructions	8	1	8	0.33	2.67	0.13	0.27	$260

B.  Required activities

     Prepare startup, shutdown, malfunction plan	4	1	4	0.33	1.33	0.07 0.13	$130

     Initial notification 	4	1	4	0.33	1.33	0.07	0.13	$130

     Notification of compliance status	8	1	8	0.33	2.67	0.13	0.27	$260

C.  Create information	See 4B

	D.  Gather existing information	See 4B

	E.  Write report	See 4B

	5.  Recordkeeping Requirements

A.  Read instructions	See 4A

	B.  Plan activities	See 4A

	C.  Implement activities	See 4A

	D.  Record datac	N/A

	E. Time to transmit or disclose information	See 4B

	F.  Time to train personnelc	N/A

	G.  Time for auditsc	N/A

	TOTAL LABOR BURDEN AND COST

9 hrs/yr	$780

N/A = not applicable.

a There is one existing carbon black production area source.  No new sources are projected during the 3-year term of this ICR.  Therefore, the average number of respondents per year is 0.33 (1÷3=0.33).

b  This ICR uses the following labor rates: $100.98 for managerial labor, $87.98 for technical labor, and $43.80 for clerical labor.  These rates are from the U.S. Department of Labor, Bureau of Labor Statistics, December 2005, (Table 2.  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.

c No hours or costs are associated with this item because the rule imposes no additional burden for that item.

TABLE 2C.  ANNUAL RESPONDENT BURDEN AND COST-- NESHAP FOR AREA SOURCES:

CHEMICAL MANUFACTURING: CHROMIUM COMPOUNDS

Burden item	(A) Person-hours per occurrence	(B)  No. of occurrences per respondent	(C) Person-hours per respondent (C=A*B)	(D) Respondents per yeara	(E) Technical person-hours per year (E=C*D)	(F) Management person-hours per year

 (E*0.05)	(G) Clerical person-hours per year (E*0.1)	(H) Costb, $

1.  Applications	N/A

	2.  Surveys and Studies	N/A

	3.  Acquisition, Installation, and Utilization of Technology

     and Systems	N/A

	4.  Reporting Requirements

A.  Read instructions	8	1	8	0.67	5.33	0.27	0.53	$519

B.  Required activities

      Initial Performance test	40	1	40	0.33	13.2	0.66	1.32	$1,286

     Monthly inspections of control devices	4	12	48	1	48	2.4	4.8	$4,676

     Daily check of water flow	0.25	365	91.25	1	91.25	4.56	9.13	$8,889

     Prepare startup, shutdown, malfunction plan	4	1	4	0.67	2.67	0.13 0.27	$260

     Initial notification of applicability	4	1	4	0.67	2.67	0.13	0.27 $260

     Initial notification of compliance status	8	1	8	0.67	5.33	0.27	0.53 $519

C.  Create information	See 4B

	D.  Gather existing information	See 4B

	E.  Write report	See 4B

	5.  Recordkeeping Requirements

A.  Read instructions	See 4A

	B.  Plan activities	See 4A

	C.  Implement activities	See 4A

	D.  Record datac	N/A

	E. Time to transmit or disclose information	See 4B

	F.  Time to train personnelc	N/A

	G.  Time for auditsc	N/A

	TOTAL LABOR BURDEN AND COST

194 hrs/yr	$16,409

N/A = not applicable.

a There are two existing chromium product manufacturing facilities that are area sources.  No new sources are projected during the 3-year term of this ICR.  Therefore, the average number of respondents per year is 0.67 (2÷3=0.67) for one-time events.  Only 1 facility must implement control device inspections on a recurring basis, so the number of respondents per year is 1.  One facility must do a one performance test over the 3 year period (1/3=0.33 respondents per year).

b  This ICR uses the following labor rates: $100.98 for managerial labor, $87.98 for technical labor, and $43.80 for clerical labor.  These rates are from the U.S. Department of Labor, Bureau of Labor Statistics, December 2005, (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.

c  No hours or costs are associated with this item because the rule imposes no additional burden for that item.

 TABLE 2D.  ANNUAL RESPONDENT BURDEN AND COST-- NESHAP FOR AREA SOURCES:

FLEXIBLE POLYURETHANE FOAM PRODUCTION AND FABRICATION

Burden item	(A) Person-hours per occurrence	(B)  No. of occurrences per respondent	(C) Person-hours per respondent (C=A*B)	(D) Respondents per year	(E) Technical person-hours per year (E=C*D)	(F) Management person-hours per year

(E*0.05)

	(G) Clerical person-hours per year (E*0.1)	(H) Costa, $

1.  Applications	N/A

	2.  Surveys and Studies	N/A

	  3.  Acquisition, Installation, and Utilization of Technology and Systems	N/A

	4.  Reporting Requirements

A.  Read instructions	4	1	4	166.67b	666.67	33.33	66.67	$64,939

B.  Required activities

Initial Notification of applicability	4	1	4	0.33c	1.33	0.07	0.13	$130

Precompliance Report	4	1	4	0.33c	1.33	0.07	0.13	$130

Notification of Compliance Status (facilities using methylene chloride) 16	1	16	0.33c	5.33	0.27	0.53	$520

Notification of Compliance Status (facilities not using methylene chloride)	1	1	1	16.33d	16.33	0.82	1.63	$1,591

Semiannual Compliance Status Report	4	2	8	0.33c	2.67	0.13	0.27	$260

C.  Create information	See 4B

D.  Gather existing information	See 4B

	E.  Write report	See 4B

5.  Recordkeeping Requirements

A.  Read instructions	See 4A

	B.  Plan activities	See 4A

	C.  Implement activities	See 4A

	D. Record Data	8	12	96	0.33c	32	1.6	3.2	$3,117

E. Time to transmit or disclose information	See 4B

	F.  Time to train personnele	N/A

	G.  Time for auditse	N/A

	TOTAL LABOR BURDEN AND COST	 	835 hrs/yr	$70,686

a  This ICR uses the following labor rates: $100.98 for managerial labor, $87.98 for technical labor, and $43.80 for clerical labor.  These rates are from the U.S. Department of Labor, Bureau of Labor Statistics, December 2005, (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.

b  There are 500+ existing flexible polyurethane foam production and fabrication facilities that are area sources.  No new sources are projected during the 3-year term of this ICR.  Therefore, the average number of respondents per year that will read the rule and instructions is 166.67 (500÷3=166.67).

c  Only a single plant is projected to be subject to these items (1/3= 0.33 respondents per year).

d  There are 49 plants projected to be subject to this notification (49/3= 16.33 respondents per year).

e  No hours or costs are associated with this item because the rule imposes no additional burden for that item.

TABLE 2E.  ANNUAL RESPONDENT BURDEN AND COST-- NESHAP FOR AREA SOURCES:

LEAD ACID BATTERY MANUFACTURING

Burden item	(A) Person-hours per occurrence	(B)  No. of occurrences per respondent	(C) Person-hours per respondent (C=A*B)	(D) Respondents per yeara	(E) Technical person-hours per year (E=C*D)	(F) Management person-hours per year

 (E*0.05)	(G) Clerical person-hours per year (E*0.1)	(H) Costb, $

1.  Applications	N/A

	2.  Surveys and Studies	N/A

	3.  Acquisition, Installation, and Utilization of Technology

     and Systems	N/A

	4.  Reporting Requirements

A.  Read instructions	8	1	8	19.33	154.67	7.73	15.47	$15,066

B.  Required activities

     Initial/Repeat performance tests	40	1	40	5	200	10	20	$19,481

     Initial notification of applicability	4	1	4	19.33	77.33	3.87	7.73 $7,533

     Initial notification of compliance status	8	1	8	19.33	154.67	7.73 15.47	$15,066

C.  Create information	See 4B

	D.  Gather existing information	See 4B

	E.  Write report	See 4B

	5.  Recordkeeping Requirements

A.  Read instructions	See 4A

	B.  Plan activities	See 4A

	C.  Implement activities	See 4A

	D.  Record datac	N/A

	E. Time to transmit or disclose information	See 4B

	F.  Time to train personnelc	N/A

	G.  Time for auditsc	N/A

	TOTAL LABOR BURDEN AND COST

675 hrs/yr	$57,147

N/A = not applicable.

a There are 58 existing lead acid battery manufacturing facilities that are area sources.  No new sources are projected during the 3-year term of this ICR.  Therefore, the average number of notification respondents per year is 19.33 (58÷3=19.33).  Most sources conducted NSPS performance tests; only 15 performance tests are expected during the 3-yr term of this ICR (15÷3=5 respondents per year for performance testing).

b  This ICR uses the following labor rates: $100.98 for managerial labor, $87.98 for technical labor, and $43.80 for clerical labor.  These rates are from the U.S. Department of Labor, Bureau of Labor Statistics, December 2005, (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.

c  No hours or costs are associated with this burden item because existing plants are already complying with the requirement in the NSPS for lead acid batteries.

TABLE 2F.  ANNUAL RESPONDENT BURDEN AND COST-- NESHAP FOR AREA SOURCES:

WOOD PRESERVING

Burden item	(A) Person-hours per occurrence	(B)  No. of occurrences per respondent	(C) Person-hours per respondent (C=A*B)	(D) Respondents per yeara	(E) Technical person-hours per year (E=C*D)	(F) Management person-hours per year

 (E*0.05)	(G) Clerical person-hours per year (E*0.1)	(H) Costb, $

1.  Applications	N/A

	2.  Surveys and Studies	N/A

	3.  Acquisition, Installation, and Utilization of Technology

     and Systems	N/A

	4.  Reporting Requirements

A.  Read instructions	4	1	4	131	524	26.2	52.4	$51,042

B.  Required activities

     Initial notification of applicability and compliance status	2	1	2 131	262	13.1	26.2	$51,042

     Checklist of best management practices	1	1	1	131	131	6.6	13.1 $12,761

C.  Create information	See 4B

	D.  Gather existing information	See 4B

	E.  Write report	See 4B

	5.  Recordkeeping Requirements

A.  Read instructions	See 4A

	B.  Plan activities	See 4A

	C.  Implement activities	See 4B

	D.  Record datac	N/A

	E. Time to transmit or disclose informationc	N/A

	F.  Time to train personnelc	N/A

	G.  Time for auditsc	N/A

	TOTAL LABOR BURDEN AND COST

1,055 hrs/yr	$89,324

N/A = not applicable

a There are 393 existing wood preserving facilities that are area sources.  No new sources are projected during the 3-year term of this ICR.  Therefore, the average number of respondents per year is 131 (393÷3=131).

b  This ICR uses the following labor rates: $100.98 for managerial labor, $87.98 for technical labor, and $43.80 for clerical labor.  These rates are from the U.S. Department of Labor, Bureau of Labor Statistics, December 2005, (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.

c  No hours or costs are associated with this item because the rule imposes no additional burden for that item.

TABLE 3A.  ANNUAL BURDEN AND COST TO THE AGENCY-- NESHAP FOR AREA SOURCES:

ACRYLIC AND MODACRYLIC FIBERS PRODUCTION

Burden Item	(A) Person hours per occurrence	(B) Occurrences per respondent	(C) Plants per year a	(D) Technical hours/year (D=A*B*C)	(E) Management   hours/year (E=0.05*D)	(F) Clerical-hours/year (F=0.1*D)	 (G) Costb, $

Report Review:

	  Initial notification of applicability 	2	1	0.33	0.66	0.03	0.07	$32

  Startup, shutdown, malfunction plan	4	1	0.33	1.32	0.07	0.13	$63

  Initial notification of compliance status	4	1	0.33	1.32	0.07	0.13	$63

TOTAL BURDEN AND COST

3.8  hours 	$158

a  There is one existing acrylic and modacrylic production facility that is an area source.  No new sources are projected during the 3-year term of this ICR.  Therefore, the average number of respondents per year is 0.33 (1÷3=0.33).  No travel is expected.

b  This ICR uses the following average hourly labor rates: 57.20 for managerial (GS-13, Step 5, $35.75 x 1.6), $42.45 (GS-12, Step 1, $26.53 x 1.6) for technical and $22.96 (GS-6, Step 3, $14.35 x 1.6) for clerical.  These rates are from the Office of Personnel Management (OPM) (2006 General Schedule( which excludes locality rates of pay.

TABLE 3B.  ANNUAL BURDEN AND COST TO THE AGENCY-- NESHAP FOR AREA SOURCES:

CARBON BLACK PRODUCTION

Burden Item	(A) Person hours per occurrence	(B) Occurrences per respondent	(C) Plants per year a	(D) Technical hours/year (D=A*B*C)	(E) Management   hours/year (E=0.05*D)	(F) Clerical-hours/year (F=0.1*D)	 (G) Costb, $

Report Review:

	  Initial notification 	2	1	0.33	0.66	0.03	0.07	$32

  Startup, shutdown, malfunction plan	4	1	0.33	1.32	0.07	0.13	$63

  Notification of compliance status	4	1	0.33	1.32	0.07	0.13	$63

TOTAL BURDEN AND COST

3.8  hours 	$158

$158

a  There is one existing carbon black production area source.  No new sources are projected during the 3-year term of this ICR.  Therefore, the average number of respondents per year is 0.33 (1÷3=0.33).  No travel is expected.

b  This ICR uses the following average hourly labor rates: 57.20 for managerial (GS-13, Step 5, $35.75 x 1.6), $42.45 (GS-12, Step 1, $26.53 x 1.6) for technical and $22.96 (GS-6, Step 3, $14.35 x 1.6) for clerical.  These rates are from the Office of Personnel Management (OPM) (2006 General Schedule( which excludes locality rates of pay.

TABLE 3C.  ANNUAL BURDEN AND COST TO THE AGENCY-- NESHAP FOR AREA SOURCES:

CHEMICAL MANUFACTURING: CHROMIUM COMPOUNDS

Burden Item	(A) Person hours per occurrence	(B) Occurrences per respondent	(C) Plants per year a	(D) Technical hours/year (D=A*B*C)	(E) Management   hours/year (E=0.05*D)	(F) Clerical-hours/year (F=0.1*D)	 (G) Costb, $

Report Review:

	  Initial notification of applicability 	2	1	0.67	1.34	0.07	0.13	$64

  Startup, shutdown, malfunction plan	4	1	0.67	2.68	0.13	0.27	$127

  Initial notification of compliance status	4	1	0.67	2.68	0.13	0.27	$127

TOTAL BURDEN AND COST

7.7  hours 	$318

a  There are two existing chromium product manufacturing facilities that are area sources.  No new sources are projected during the 3-year term of this ICR.  Therefore, the average number of respondents per year is 0.67 (2÷3=0.67).  No travel is expected.

b  This ICR uses the following average hourly labor rates: 57.20 for managerial (GS-13, Step 5, $35.75 x 1.6), $42.45 (GS-12, Step 1, $26.53 x 1.6) for technical and $22.96 (GS-6, Step 3, $14.35 x 1.6) for clerical.  These rates are from the Office of Personnel Management (OPM) (2006 General Schedule( which excludes locality rates of pay.

TABLE 3D.  ANNUAL BURDEN AND COST TO THE AGENCY-- NESHAP FOR AREA SOURCES:

FLEXIBLE POLYURETHANE FOAM PRODUCTION AND FABRICATION

Burden Item	(A) Person hours per occurrence	(B) Occurrences per respondent	(C) Plants per year	(D) Technical hours/year (D=A*B*C)	(E) Management   hours/year (E=0.05*D)	(F) Clerical-hours/year (F=0.1*D)	 (G) Costa, $

Report Review:

Initial notification of applicabilityb 	2	1	0.33	0.67	0.03	0.07	$32

Precompliance Reportb	2	1	0.33	0.67	0.03	0.07	$32

Notification of Compliance Statusc	4	1	16.33	65.32	3.27	6.53	$3,110

Semi-annual Compliance Status Reportb	2	2	0.33	1.33	0.07	0.13	$63

Notification of Special Complianceb	2	1	0.33	0.67	0.03	0.07	$32

Change in Selected Emission Limit and Compliance Methodb	2	1	0.33	0.67 0.03	0.07	$32

Request for Extension of Compliance, Adjustments to Time Periods, and Changes in Informationb	2	1	0.33	0.67	0.03	0.07	$32

Progress Reports for Extensionsb	2	1	0.33	0.67	0.03	0.07	$32

TOTAL BURDEN AND COST	 	 	 	81  hours 	$3,365

a  This ICR uses the following average hourly labor rates: 57.20 for managerial (GS-13, Step 5, $35.75 x 1.6), $42.45 (GS-12, Step 1, $26.53 x 1.6) for technical and $22.96 (GS-6, Step 3, $14.35 x 1.6) for clerical.  These rates are from the Office of Personnel Management (OPM) (2006 General Schedule( which excludes locality rates of pay.

b Only a single plant is projected to be subject to these items (1/3= 0.33 respondents per year).

c There are 49 plants projected to be subject to this notification (49/3= 16.33 respondents per year).

TABLE 3E.  ANNUAL BURDEN AND COST TO THE AGENCY-- NESHAP FOR AREA SOURCES:

LEAD ACID BATTERY MANUFACTURING

Burden Item	(A) Person hours per occurrence	(B) Occurrences per respondent 	(C) Plants per year a	(D) Technical hours/year (D=A*B*C)	(E) Management   hours/year (E=0.05*D)	(F) Clerical-hours/year (F=0.1*D)	 (G) Costb, $

Report Review:

	  Initial notification of applicability 	2	1	19.33	38.67	1.93	3.87 $1,841

  Initial notification of compliance status	4	1	19.33	77.33	3.87	7.73 $3,682

TOTAL BURDEN AND COST

133  hours 	$5,523

a  There are 58 existing lead acid battery manufacturing facilities that are area sources.  No new sources are projected during the 3-year term of this ICR.  Therefore, the average number of respondents per year is 19.33 (58÷3=19.33).  No travel is expected.

b  This ICR uses the following average hourly labor rates: 57.20 for managerial (GS-13, Step 5, $35.75 x 1.6), $42.45 (GS-12, Step 1, $26.53 x 1.6) for technical and $22.96 (GS-6, Step 3, $14.35 x 1.6) for clerical.  These rates are from the Office of Personnel Management (OPM) (2006 General Schedule( which excludes locality rates of pay.

TABLE 3F.  ANNUAL BURDEN AND COST TO THE AGENCY-- NESHAP FOR AREA SOURCES:

WOOD PRESERVING

Burden Item	(A) Person hours per occurrence	(B) Occurrences per respondent	(C) Plants per year a	(D) Technical hours/year (D=A*B*C)	(E) Management   hours/year (E=0.05*D)	(F) Clerical-hours/year (F=0.1*D)	 (G) Costb, $

Report Review:

	  Initial notification of applicability	2	1	131	262	13.1	26.2	$12,472

  Initial notification of compliance status	4	1	131	524	26.2	52.4 $24,946

TOTAL BURDEN AND COST

904  hours 	$37,418

a  There are 393 existing lead acid battery manufacturing facilities that are area sources.  No new sources are projected during the 3-year term of this ICR.  Therefore, the average number of respondents per year is 131 (393÷3=131).  No travel is expected.

b  This ICR uses the following average hourly labor rates: 57.20 for managerial (GS-13, Step 5, $35.75 x 1.6), $42.45 (GS-12, Step 1, $26.53 x 1.6) for technical and $22.96 (GS-6, Step 3, $14.35 x 1.6) for clerical.  These rates are from the Office of Personnel Management (OPM) (2006 General Schedule( which excludes locality rates of pay.

ATTACHMENT 1A.  INFORMATION REQUIREMENTS-- NESHAP FOR AREA SOURCES:

ACRYLIC AND MODACRYLIC FIBERS PRODUCTION

Requirement	Citation for existing sources	Citation for new sources General Provisions citation

Monitoring

	None required	§63.11395	§63.11396	NA

Notifications

	Notification of applicability	Table 1 to subpart LLLLLL	Table 1 to subpart LLLLLL	40 CFR 63.9(a)(2)

Notification of construction/ reconstruction 	NA	Table 1 to subpart LLLLLL	40 CFR 63.9(b)(5)

Notification of special compliance requirements 	NA	Table 1 to subpart LLLLLL	40 CFR 63.9(d)

Notification of performance test	NA	Table 1 to subpart LLLLLL	40 CFR 63.9(c)

Notification of opacity/VE observations	NA	Table 1 to subpart LLLLLL	40 CFR 63.9(f)

Additional CMS notifications	NA	Table 1 to subpart LLLLLL	40 CFR 63.9(g)

Notification of compliance status	Table 1 to subpart LLLLLL/ §63.11397(b)	Table 1 to subpart LLLLLL/ §63.11397(c) 	40 CFR 63.9(h)

Notification of changes in information	Table 1 to subpart LLLLLL	Table 1 to subpart LLLLLL	40 CFR 63.9(j)

Plans

	SSM plan	Table 1 to subpart LLLLLL	Table 1 to subpart LLLLLL	40 CFR 63.6(e)(3)

Performance test plan	NA	Table 1 to subpart LLLLLL	40 CFR 63.7(c)(2)

CMS quality control plan	NA	Table 1 to subpart LLLLLL	40 CFR 63.8(d)

CMS performance evaluation test plan	NA	Table 1 to subpart LLLLLL	40 CFR 63.8(e)(3)

Records

	Information to demonstrate compliance 	§63.11395(g)	Table 1 to subpart LLLLLL/§63.11396(f)	40 CFR 63.10

Reports

	Monthly summary of monitoring data	§63.11395(f) 	§63.11396(f)	NA

Report of deviation	§63.11395(g) 	Table 1 to subpart LLLLLL	NA

Semiannual monitoring report	NA	NA	NA

Initial performance test	NA	NA	40 CFR 63.7(e)(1)

Quality assurance test plan	NA	Table 1 to subpart LLLLLL	40 CFR 63.7(c)

CMS performance evaluations/report	NA	Table 1 to subpart LLLLLL	40 CFR 63.8(e)(5)

SSM reports	Table 1 to subpart LLLLLL	Table 1 to subpart LLLLLL	40 CFR 63.6(e)(3)

Excess emissions reports	NA	Table 1 to subpart LLLLLL	40 CFR 63.10(e)(3)

ATTACHMENT 1B.  INFORMATION REQUIREMENTS--NESHAP FOR AREA SOURCES:

CARBON BLACK PRODUCTION

Requirement	Citation for existing sources	Citation for new sources General Provisions citation

Monitoring

	Flares	§63.11402 & §63.987	§63.11402 & §63.987	§63.11

All other control devices	§63.11402 & §63.996	§63.11402 & §63.996	NA

Notifications

	Initial notification	§63.11402 & §63.1110(c)	§63.11402 & §63.1110(c)	NA

Notification of construction/reconstruction	§63.11402 & §63.1110(a)(6) §63.11402 & §63.1110(a)(6)	§63.5(d)

Notification of initial start up 	§63.11402 & §63.1110(b)	§63.11402 & §63.1110(b)	NA

Notification of performance test	§63.11402 & §63.999(a)	§63.11402 & §63.1110(a)	NA

Notification of compliance status	§63.11402 & §63.1110(d)	§63.11402 & §63.1110(d)	NA

Notification of changes in information	NA	NA	NA

Plans

	SSM plan	§63.11402 & §63.1111(a)	§63.11402 & §63.1111(a)	NA

Performance test plan	NA	NA	NA

CMS quality control plan	NA	NA	NA

CMS performance evaluation test plan	NA	NA	NA

Records

	Monitoring information	§63.11402 & §63.1109 & §63.998	§63.11402 & §63.1109 & §63.998	NA

Reports

	Reports of deviation	NA	NA	NA

Semiannual monitoring reports	NA	NA	NA

Initial /repeat performance tests 	§63.11402 & §63.999(a)	§63.11402 & §63.999(a)	NA

Quality assurance test plan	NA	NA	NA

CMS performance evaluation/report	NA	NA	NA

 SSM reports	§63.11402 & §63.1112(b)	§63.11402 & §63.1112(b)	NA

Excess emissions reports	NA	NA	NA

ATTACHMENT 1C.  INFORMATION REQUIREMENTS--NESHAP FOR AREA SOURCES:

CHEMICAL MANUFACTURING: CHROMIUM COMPOUNDS

Requirement	Citation for existing sources	Citation for new sources General Provisions citation

Monitoring

	Bag leak detectors	NA	§63.11410(g)	NA

Notifications

	Notification of applicability	Table 2 to subpart NNNNNN	Table 2 to subpart NNNNNN	40 CFR 63.9(a)(2)

Notification of construction/ reconstruction 	NA	Table 2 to subpart NNNNNN	40 CFR 63.9(b)(5)

Notification of special compliance requirements 	NA	NA	40 CFR 63.9(d)

Notification of performance test	NA	§63.11410(i)	40 CFR 63.9(c)

Notification of opacity/VE observations	NA	NA	40 CFR 63.9(f)

Additional CMS notifications	NA	NA	40 CFR 63.9(g)

Notification of compliance status	Table 2 to subpart NNNNNN	Table 2 to subpart NNNNNN	40 CFR 63.9(h)

Notification of changes in information	NA	NA	40 CFR 63.9(j)

Plans

	SSM plan	Table 2 to subpart NNNNNN	Table 2 to subpart NNNNNN	40 CFR 63.6(e)(3)

Performance test plan	§63.11410(i)	§63.11410(i)	40 CFR 63.7(c)(2)

CMS quality control plan	NA	NA	40 CFR 63.8(d)

CMS performance evaluation test plan	NA	Table 2 to subpart NNNNNN	40 CFR 63.8(e)(3)

Records

	Monthly control device inspections; retain records	§63.11410(d)	Table 2 to subpart NNNNNN/§63.11410(h)	40 CFR 63.10

Reports

	Reports of deviation	NA	NA	NA

Semiannual monitoring reports	§63.11410(e)	NA	NA

Initial /repeat performance tests 	NA	NA	40 CFR 63.7(e)(1)

40 CFR 63.6(h)(7)

Quality assurance test plan	NA	Table 2 to subpart NNNNNN	40 CFR 63.7(c)

CMS performance evaluation/report	NA	Table 2 to subpart NNNNNN	40 CFR 63.8(e)(5)

 SSM reports	Table 2 to subpart NNNNNN	Table 2 to subpart NNNNNN	40 CFR 63.6(e)(3)

Excess emissions reports	NA	Table 2 to subpart NNNNNN	40 CFR 63.10(e)(3)

ATTACHMENT 1D.  INFORMATION REQUIREMENTS--NESHAP FOR AREA SOURCES:

FLEXIBLE POLYURETHANE FOAM PRODUCTION AND FABRICATION

Requirement	Citation for existing sources	Citation for new sources General Provisions citation

Monitoring

	Baghouse

	NA

COMS for sintering machine

	NA

Notifications

	Notification of applicability	Table 1 to subpart OOOOOO	Table 1 to subpart OOOOOO	40 CFR 63.9(a)(2)

Notification of construction/ reconstruction 	NA	NA	40 CFR 63.9(b)(5)

Notification of special compliance requirements 	NA	NA	40 CFR 63.9(d)

Notification of performance test	NA	NA	40 CFR 63.9(c)

Notification of opacity/VE observations	NA	NA	40 CFR 63.9(f)

Additional CMS notifications	NA	NA	40 CFR 63.9(g)

Notification of compliance status	Table 1 to subpart OOOOOO/ §63.11417 Table 1 to subpart OOOOOO/ §63.11417 	40 CFR 63.9(h)

Notification of changes in information	NA	NA	40 CFR 63.9(j)

Plans

	SSM plan	NA	NA	40 CFR 63.6(e)(3)

Performance test plan	NA	NA	40 CFR 63.7(c)(2)

CMS quality control plan	NA	NA	40 CFR 63.8(d)

CMS performance evaluation test plan	NA	NA	40 CFR 63.8(e)(3)

Records

	Information used to demonstrate compliance	§63.11416(f)	§63.11416(f) 40 CFR 63.10

Reports

	Reports of deviation

NA	NA

Semiannual monitoring reports

NA	NA

Initial /repeat performance tests 	NA	NA	40 CFR 63.7(e)(1)

40 CFR 63.6(h)(7)

Quality assurance test plan	NA	NA	40 CFR 63.7(c)

CMS performance evaluation/report	NA	NA	40 CFR 63.8(e)(5)

 SSM reports	NA	NA	40 CFR 63.6(e)(3)

Excess emissions reports	NA	NA	40 CFR 63.10(e)(3)

ATTACHMENT 1E.  INFORMATION REQUIREMENTS--NESHAP FOR AREA SOURCES:

LEAD ACID BATTERY MANUFACTURING

Requirement	Citation for existing sources	Citation for new sources General Provisions citation

Monitoring

	All	§60.373	§60.373	NA

Scrubber pressure drop CMS	NA	NA	§60.13

Monitoring/Testing

	Three-process operation facilities	§60.373 & §60.374(a) & §60.374(b)(1&2)	§60.373 & §60.374(a) & §60.374(b)(1&2)	NA

Lead oxide manufacturing facilities	§60.373 & §60.374(a) & §60.374(c) §60.373 & §60.374(a) & §60.374(c)	NA

All other facilities	§60.373 & §60.374(a) & §60.374(b)(1)	§60.373 & §60.374(a) & §60.374(b)(1)	NA

Notifications

	Notification of construction/ reconstruction 	NA	NA	§60.7(2)(1)

Notification of actual date of initial startup 	NA	NA	§60.7(a)(3)

Notification of performance test	NA	NA	§60.8(d)

Notification of CMS Demonstration	NA	NA	§60.7(a)(5)

Notification of changes in information	NA	NA	§60.7(a)(4)

Records

	Monitoring/testing information	NA	NA	§60.7(c) 7 §60.7(f)

Occurrence and duration of SSM	NA	NA	§60.7(b)

Reports

	Initial /repeat performance tests 	NA	NA	§60.8(a)

CMS performance evaluation/report	NA	NA	§60.7(c)

Excess emissions reports	NA	NA	§60.7(c)

ATTACHMENT 1F.  INFORMATION REQUIREMENTS--NESHAP FOR AREA SOURCES:

WOOD PRESERVING

Requirement	Citation for existing sources	Citation for new sources General Provisions citation

Monitoring

	None	NA	NA	NA

Notifications

	Notification of applicability	Table 1 to subpart QQQQQQ / §63.11430 Table 1 to subpart QQQQQQ / §63.11430	40 CFR 63.9(a)(2)

Notification of construction/ reconstruction 	NA	NA	40 CFR 63.9(b)(5)

Notification of special compliance requirements 	NA	NA	40 CFR 63.9(d)

Notification of performance test	NA	NA	40 CFR 63.9(c)

Notification of opacity/VE observations	NA	NA	40 CFR 63.9(f)

Additional CMS notifications	NA	NA	40 CFR 63.9(g)

Notification of compliance status	Table 1 to subpart QQQQQQ / §63.11430 Table 1 to subpart QQQQQQ / §63.11430	40 CFR 63.9(h)

Notification of changes in information	NA	NA	40 CFR 63.9(j)

Plans

	SSM plan	NA	NA	40 CFR 63.6(e)(3)

Performance test plan	NA	NA	40 CFR 63.7(c)(2)

CMS quality control plan	NA	NA	40 CFR 63.8(d)

CMS performance evaluation test plan	NA	NA	40 CFR 63.8(e)(3)

Records

	Baghouse and monitoring information	NA	NA	40 CFR 63.10

Reports

	Reports of deviation	§63.11430	§63.11430	NA

Semiannual monitoring reports	NA	NA	NA

Initial /repeat performance tests 	NA	NA	40 CFR 63.7(e)(1)

40 CFR 63.6(h)(7)

Quality assurance test plan	NA	NA	40 CFR 63.7(c)

CMS performance evaluation/report	NA	NA	40 CFR 63.8(e)(5)

 SSM reports	NA	NA	40 CFR 63.6(e)(3)

Excess emissions reports	NA	NA	40 CFR 63.10(e)(3)

   The Acrylic and Modacrylic Fibers Production, Flexible Polyurethane Foam Production, Lead Acid Battery Manufacturing, and Wood Preserving source categories were added to the area source category list on June 26, 2002 (67 FR 43112, 43113).  The Acrylic and Modacrylic Fibers area source category listing was based on emissions of the HAP acrylonitrile.  Emissions of HAP metals (lead and cadmium) were the basis for the listing of the Lead Acid Battery Manufacturing area source categories.  The listings of Flexible Polyurethane Foam Production and Flexible Polyurethane Foam Fabrication Operations were based on HAP emissions of methylene chloride, while the listing of Wood Preserving was based on HAP emissions of arsenic, chromium, methylene chloride and dioxin.  On November 22, 2002 (67 FR 70427), Carbon Black Production and Chemical Manufacturing:  Chromium Compounds were added to the area source category list based on HAP emissions of polycyclic aromatic hydrocarbons (7-PAHs) and HAP metals (chromium), respectively.

 PAGE

 PAGE  1

  PAGE  18

  PAGE   35


[Federal Register Volume 87, Number 27 (Wednesday, February 9, 2022)]
[Notices]
[Page 7522]
[FR Doc No: 2022-02725]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Advanced Aviation Advisory Committee (AAAC); Notice of Public
Meeting

AGENCY: Federal Aviation Administration (FAA), U.S. Department of
Transportation (DOT).

ACTION: Notice of Advanced Aviation Advisory Committee (AAAC) meeting.

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

SUMMARY: This notice announces a meeting of the AAAC.

DATES: The meeting will be held on February 23, 2022, from 12:00 p.m.
to 2:30 p.m. Eastern Time. Requests for reasonable accommodations must
be received by February 16, 2022. Requests to submit written materials
to be reviewed during the meeting must be received no later than
February 16, 2022.

ADDRESSES: The meeting will be held virtually. Members of the public
who wish to observe the virtual meeting can access the livestream on
the following FAA social media platforms on the day of the event,
https://www.facebook.com/FAA or https://www.youtube.com/FAAnews. For
copies of meeting minutes along with all other information, please
visit the AAAC internet website at https://www.faa.gov/uas/programs_partnerships/advanced_aviation_advisory_committee/.

FOR FURTHER INFORMATION CONTACT: Gary Kolb, Advanced Aviation Advisory
Committee Manager, Federal Aviation Administration, U.S. Department of
Transportation, at [email protected] or<PHONE_NUMBER>. Any committee-
related request or request for reasonable accommodations should be sent
to the person listed in this section.

SUPPLEMENTARY INFORMATION:

I. Background

    The AAAC was created under the Federal Advisory Committee Act
(FACA) as amended (5 U.S.C. App. 2) to provide the FAA with advice on
key drone and advanced air mobility (AAM) integration issues by helping
to identify challenges and prioritize improvements.

II. Agenda

    At the meeting, the agenda will cover the following topics:

 Official Statement of the Designated Federal Officer
 Approval of the Agenda and Previous Meeting Minutes
 Opening Remarks
 FAA Update
 Industry-Led Technical Topics
 New Business/Agenda Topics
 Closing Remarks
 Adjourn

    Additional details will be posted on the AAAC internet website
address listed in the ADDRESSES section at least 15 days in advance of
the meeting.

III. Public Participation

    The meeting will be open to the public and livestreamed. Members of
the public who wish to observe the virtual meeting can access the
livestream on the following FAA social media platforms on the day of
the event, https://www.facebook.com/FAA or https://www.youtube.com/FAAnews. The DOT is committed to providing equal access to this meeting
for all participants. If you need alternative formats or services
because of a disability, such as sign language, interpretation, or
other ancillary aids, please contact the person listed in the FOR
FURTHER INFORMATION CONTACT section.
    The FAA is not accepting oral presentations at this meeting due to
time constraints. Written statements submitted by the deadline will be
provided to the AAAC members before the meeting. Any member of the
public may submit a written statement to the committee at any time.

Jessica A. Orquina,
Acting Manager, Executive Office, AUS-10, Federal Aviation
Administration.
[FR Doc. 2022-02725 Filed 2-8-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 26 (Tuesday, February 8, 2022)]
[Notices]
[Page 7171]
[FR Doc No: 2022-02625]

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9317-01-OMS]

Cross-Media Electronic Reporting: Authorized Program Revision
Approval, Idaho Department of Environmental Quality (IDEQ)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces the Environmental Protection Agency's
(EPA) approval of the Idaho Department of Environmental Quality (IDEQ)
request to revise/modify certain of its EPA-authorized programs to
allow electronic reporting.

DATES: EPA approves the authorized program revisions/modifications as
of February 8, 2022.

FOR FURTHER INFORMATION CONTACT: Shirley M. Miller, U.S. Environmental
Protection Agency, Office of Information Management, Mail Stop 2824T,
1200 Pennsylvania Avenue NW, Washington, DC 20460,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION: On October 13, 2005, the final Cross-Media
Electronic Reporting Rule (CROMERR) was published in the Federal
Register (70 FR 59848) and codified as part 3 of title 40 of the CFR.
CROMERR establishes electronic reporting as an acceptable regulatory
alternative to paper reporting and establishes requirements to assure
that electronic documents are as legally dependable as their paper
counterparts. Subpart D of CROMERR requires that state, tribal or local
government agencies that receive, or wish to begin receiving,
electronic reports under their EPA-authorized programs must apply to
EPA for a revision or modification of those programs and obtain EPA
approval. Subpart D provides standards for such approvals based on
consideration of the electronic document receiving systems that the
state, tribe, or local government will use to implement the electronic
reporting. Additionally, Sec.  3.1000(b) through (e) of 40 CFR part 3,
subpart D provides special procedures for program revisions and
modifications to allow electronic reporting, to be used at the option
of the state, tribe or local government in place of procedures
available under existing program-specific authorization regulations. An
application submitted under the subpart D procedures must show that the
state, tribe or local government has sufficient legal authority to
implement the electronic reporting components of the programs covered
by the application and will use electronic document receiving systems
that meet the applicable subpart D requirements.
    On July 19, 2021, the Idaho Department of Environmental Quality
(IDEQ) submitted an application titled Idaho Pollutant Discharge
Elimination System (IPDES) Program for revisions/modifications to its
EPA-approved programs under title 40 CFR to allow new electronic
reporting. EPA reviewed IDEQ's request to revise/modify its EPA-
authorized programs and, based on this review, EPA determined that the
application met the standards for approval of authorized program
revisions/modifications set out in 40 CFR part 3, subpart D. In
accordance with 40 CFR 3.1000(d), this notice of EPA's decision to
approve IDEQ's request to revise/modify its following EPA-authorized
programs to allow electronic reporting under 40 CFR is being published
in the Federal Register:

Part 501: State Sludge Management Program Regulations Reporting Under
CFR 501 & 503

    IDEQ was notified of EPA's determination to approve its application
with respect to the authorized programs listed above.

    Dated: February 3, 2022.
Jennifer Campbell,
Director, Office of Information Management.
[FR Doc. 2022-02625 Filed 2-7-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 225 (Friday, November 24, 2017)]
[Notices]
[Pages 55888-55890]
[FR Doc No: 2017-25345]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82114; File No. SR-BOX-2017-34]

Self-Regulatory Organizations; BOX Options Exchange LLC; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change To
Amend Rule 7050 (Minimum Trading Increments)

November 17, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on November 8, 2017, BOX Options Exchange LLC (the ``Exchange'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by the self-regulatory organization. The Commission
is publishing this notice to solicit comments on the proposed rule from
interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Rule 7050 (Minimum Trading
Increments). The text of the proposed rule change is available from the
principal office of the Exchange, at the Commission's Public Reference
Room and also on the Exchange's Internet Web site at http://boxoptions.com.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
has prepared summaries, set forth in Sections A, B, and C below, of the
most significant aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    Currently, BOX Rule 7050(a) establishes minimum trading increments
for single leg options contracts traded on BOX. Rule 7050(a) states
that with regard to minimum trading increments for single leg options
contracts, ``the following principles shall apply: (1) If the options
contract is trading at less than $3.00 per option, five (5) cents; (2)
if the options contract is trading at $3.00 per option or higher, ten
(10) cents; and (3) if the options contract is traded pursuant to the
procedures of the Improvement Period in Rules 7150 then one (1) cent.''
Further, BOX Rule 7050(b) establishes an exception \3\ to 7050(a) while
Rule 7050(c) and (d) establish cross references to existing rules with

different minimum trading increments than those outlined in Rule
7050(a).\4\
---------------------------------------------------------------------------

    \3\ Rule 7050(b) states that ``the Exchange will operate a pilot
program to permit options classes to be quoted and traded in
increments as low as one (1) cent.''
    \4\ Rule 7050(c) states that ``the minimum trading increment for
Mini Options shall be determined in accordance with IM-5050-10(d) to
BOX Rule 5050.'' Rule 7050(d) states that the minimum trading
increment for Jumbo SPY Options shall be determined in accordance
with Rule 5050(e)(4).
---------------------------------------------------------------------------

    The purpose of the proposed rule change is to amend Rule 7050 to
establish a cross reference to an existing rule about minimum trading
increments with regard to Complex Orders. Specifically, the Exchange
proposes Rule 7050(e) which states that notwithstanding any provision
of Rule 7050, the minimum trading increment for Complex Orders shall be
determined in accordance with Rule 7240(b)(1).\5\ The Exchange notes
that the proposed change will provide clarity with respect to the
Exchange's minimum trading increment rule and how it relates to Complex
Orders on the Exchange.
---------------------------------------------------------------------------

    \5\ Bids and offers on Complex Orders may be expressed in any
decimal price, and the leg(s) of a Complex Order may be executed in
one cent increments, regardless of the minimum increments otherwise
applicable to the individual legs of the order. See BOX Rule
7240(b)(1).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act,\6\ in general, and Section
6(b)(5) of the Act,\7\ in particular, in that it is designed to promote
just and equitable principles of trade, remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general protect investors and the public interest. The
Exchange believes it is appropriate to make the proposed change to its
rules so that market participants and investors have a clear and
accurate understanding of the meaning of the Exchange's rules. By
adding the proposed language, the Exchange is eliminating any potential
for confusion and ensuring that market participants, regulators and the
public can more easily navigate the Exchange's Rulebook. The Exchange
believes that the proposed rule change is not unfairly discriminatory
because it treats all market participants equally and will not have an
adverse impact on any market participant.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. In particular,
the Exchange does not believe that the proposal will impose a burden on
intermarket competition because the proposed change simply attempts to
clarify the Exchange rules and reduce any potential for investor
confusion. Further, the Exchange does not believe that the proposed
rule change imposes a burden on intramarket competition because the
proposed provision applies to all market participants equally. As such,
the Exchange does not believe that the proposed rule change will impose
any burden on competition not necessary or appropriate in furtherance
of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    The Exchange has neither solicited nor received comments on the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the proposed rule change does not (i) significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, it has become effective pursuant to Section
19(b)(3)(A) of the Act \8\ and Rule 19b-4(f)(6) thereunder.\9\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \10\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \11\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay so that
the proposal may become operative immediately upon filing. The
Commission believes that waiver of the operative delay is consistent
with the protection of investors and the public interest because the
proposal will provide additional clarity to the Exchange's rules and
reduce the potential for investor confusion. As noted above, BOX Rule
7050 establishes the minimum trading increment for single options
traded on the Exchange. The proposal modifies BOX Rule 7050 by adding a
cross-reference to indicate that the trading increment for complex
orders appears in existing BOX Rule 7240(b)(1). The Commission notes
that the proposal does not modify the trading increment for complex
orders. Accordingly, the Commission hereby waives the operative delay
and designates the proposal as operative upon filing.\12\
---------------------------------------------------------------------------

    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 17 CFR 240.19b-4(f)(6)(iii).
    \12\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-BOX-2017-34 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-BOX-2017-34. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the

Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for Web site viewing and printing in
the Commission's Public Reference Room, on official business days
between the hours of 10:00 a.m. and 3:00 p.m., located at 100 F Street
NE., Washington, DC 20549. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change. Persons submitting
comments are cautioned that we do not redact or edit personal
identifying information from comment submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-BOX-2017-34 and should be
submitted on or before December 15, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-25345 Filed 11-22-17; 8:45 am]
BILLING CODE 8011-01-P