Agency Information Collection Activities: Proposed Collection; Comment Request; Information Collection Request for Petroleum Refinery Sector New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAP) Residual Risk and Technology Review; EPA ICR No. 2411.01, OMB Control No. 2060-NEW, 60107-60110 [2010-24424]
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Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Notices
Decision
Western’s decision is to allow Basin
Electric’s requests for interconnection at
the Wessington Springs Substation in
South Dakota and to complete
modifications to the substation to
support the interconnections.1
Western’s decision to grant these
interconnection requests satisfies the
agency’s statutory mission and Basin
Electric’s objectives while minimizing
harm to the environment. Two
interconnection agreements will be
executed in accordance with Western’s
Tariff.
Basin Electric has committed to
minimize the Proposed Project and
Wind Partners’ proposed development
impact on the environment through
design and incorporation of APMs,
BMPS, OMP, and voluntary
conservation measures for habitat offsets
as described in Chapter 2 of the Final
EIS and summarized above. The
Proposed Project and Wind Partner’s
proposed development employ all
practicable means to avoid or minimize
environmental harm. Furthermore,
Basin Electric has committed to use the
results of their 3-year Bird and Bat
Fatality Monitoring from the OMP to
identify and incorporate, to the extent
practicable, measures to minimize bird
and bat mortality. Western will adhere
to its own standard mitigation measures
for all modifications within Wessington
Springs Substation. Western will ensure
that the stipulations of the MOU are
executed in support of section 106 of
the NHPA in carrying out its decision.
This decision is based on the
information contained in the South
Dakota PrairieWinds Project Final EIS
(DOE/EIS–0418). The EIS and this ROD
were prepared pursuant to the
requirements of the Council on
Environmental Quality Regulations for
Implementing NEPA (40 CFR Parts
1500–1508), DOE Procedures for
Implementing NEPA (10 CFR Part 1021),
and DOE’s Floodplain/Wetland Review
Requirements (10 CFR Part 1022). Full
implementation of this decision is
contingent upon the Proposed Project
and Wind Partners’ proposed
development obtaining all applicable
permits and approvals.
erowe on DSK5CLS3C1PROD with NOTICES
Dated: September 21, 2010.
Timothy J. Meeks,
Administrator.
[FR Doc. 2010–24388 Filed 9–28–10; 8:45 am]
BILLING CODE 6450–01–P
1 Western’s authority to issue a record of decision
for integrating transmission facilities is pursuant to
authority delegated on October 4, 1999, from the
Assistant Secretary for Environment, Safety and
Health to Western’s Administrator.
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ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OAR–2010–0682; FRL–9207–9]
Agency Information Collection
Activities: Proposed Collection;
Comment Request; Information
Collection Request for Petroleum
Refinery Sector New Source
Performance Standards (NSPS) and
National Emission Standards for
Hazardous Air Pollutants (NESHAP)
Residual Risk and Technology Review;
EPA ICR No. 2411.01, OMB Control
No. 2060—NEW
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
In compliance with the
Paperwork Reduction Act, this action
announces that EPA is planning to
submit a new Information Collection
Request to the Office of Management
and Budget. Before submitting the
Information Collection Request to the
Office of Management and Budget for
review and approval, EPA is soliciting
comments on specific aspects of the
proposed information collection as
described below.
DATES: Comments must be submitted on
or before November 29, 2010.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2010–0682, by one of the
following methods:
• www.regulations.gov: Follow the
on-line instructions for submitting
comments.
• E-mail: a-and-r-Docket@epa.gov.
• Phone: (202) 566–1742.
• Fax: (202) 566–9744.
• Mail: Air and Radiation Docket and
Information Center, Environmental
Protection Agency, Mailcode: 28221T,
1200 Pennsylvania Ave., NW.,
Washington, DC 20460.
• Hand Delivery: Air and Radiation
Docket and Information Center,
Environmental Protection Agency,
Room 3334, EPA West Building, 1301
Constitution Avenue, NW., Washington,
DC 20004. Such deliveries are only
accepted during the Docket’s normal
hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OAR–2010–
0682. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
SUMMARY:
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claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or e-mail. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an e-mail
comment directly to EPA without going
through www.regulations.gov, your email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses. For additional information
about EPA’s public docket, visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
FOR FURTHER INFORMATION CONTACT:
Mr. Bob Lucas, Sector Policies and
Programs Division (E143–01), Office of
Air Quality Planning and Standards,
Environmental Protection Agency,
Research Triangle Park, NC 27711;
telephone number: (919) 541–0884;
fax number: (919) 541–0246; e-mail
address: lucas.bob@epa.gov; or
Ms. Brenda Shine, Sector Policies and
Programs Division (E143–01), Office of
Air Quality Planning and Standards,
Environmental Protection Agency,
Research Triangle Park, NC 27711;
telephone number: (919) 541–3608; fax
number: (919) 541–0246; e-mail
address: shine.brenda@epa.gov.
SUPPLEMENTARY INFORMATION:
How can I access the docket and/or
submit comments?
EPA has established a public docket
for this Information Collection Request
(ICR) under Docket ID No. EPA–HQ–
OAR–2010–0682, which is available for
online viewing at www.regulations.gov,
or in person viewing at the Air and
Radiation Docket in the EPA Docket
Center (EPA/DC), EPA West, Room
3334, 1301 Constitution Ave., NW.,
Washington, DC. The EPA/DC Public
Reading Room is open from 8 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
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Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Notices
number for the Reading Room is 202–
566–1744, and the telephone number for
the Air and Radiation Docket is 202–
566–1742.
Use www.regulations.gov to obtain a
copy of the draft collection of
information, submit or view public
comments, access the index listing of
the contents of the docket, and to access
those documents in the public docket
that are available electronically. Once in
the system, select ‘‘search,’’ then key in
the docket ID number identified in this
document.
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What information is EPA particularly
interested in?
Pursuant to Paperwork Reduction Act
(PRA) section 3506(c)(2)(A), EPA
specifically solicits comments and
information to enable it to:
(i) Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the Agency, including
whether the information will have
practical utility;
(ii) Evaluate the accuracy of the
Agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
(iii) Enhance the quality, utility, and
clarity of the information to be
collected; and
(iv) Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated electronic,
mechanical, or other technological
collection techniques or other forms of
information technology (e.g., permitting
electronic submission of responses). In
particular, EPA is requesting comments
from small entities (small businesses
primarily engaged in refining crude
petroleum into refined petroleum as
defined by North American Industry
Classification System (NAICS) code
32411 whose parent company has no
more than 1,500 employees) on
examples of specific additional efforts
that EPA could make to reduce the
paperwork burden for small entities
affected by this collection.
What information collection activity or
ICR does this apply to?
Affected entities: Respondents
affected by this action are owners/
operators of petroleum refineries, all of
which are expected to be major sources
of hazardous air pollutants (HAP).1
1 As defined in 40 CFR 63.2, ‘‘Major source’’
means any stationary source or group of stationary
sources located within a contiguous area and under
common control that emits or has the potential to
emit considering controls, in the aggregate, 10 tons
per year or more of any hazardous air pollutant or
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Petroleum refineries are facilities
engaged in refining and producing
products made from crude oil or
unfinished petroleum derivatives. Based
on the Energy Information
Administration’s Refinery Capacity
Report 2009, there are 152 operable
petroleum refineries in the United
States (U.S.) and the U.S. territories. We
are aware that some refineries have
integrated operations between two
nearby, but non-contiguous, locations.
Therefore, the questionnaire asks the
refining companies to identify their
refineries according to the definition of
‘‘facility’’ in the Clean Air Act (CAA),
which could result in more than 152
responses. Petroleum refineries are
located in 35 States, as well as Puerto
Rico and the U.S. Virgin Islands. Texas,
Louisiana, and California are the States
with the most petroleum refining
capacity. The NAICS code for
respondents affected by the information
collection is 32411.
Title: Information Collection Request
for Petroleum Refinery Sector New
Source Performance Standards (NSPS)
and National Emission Standards for
Hazardous Air Pollutants (NESHAP)
Residual Risk and Technology Review.
ICR numbers: EPA ICR No. 2411.01,
OMB Control No. 2060–NEW.
ICR status: This ICR is for a new
information collection activity. 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 Office of
Management and Budget (OMB) control
number. The OMB control numbers for
EPA’s regulations in title 40 of the Code
of Federal Regulations (CFR), after
appearing in the Federal Register when
approved, are listed in 40 CFR part 9,
and are displayed either by publication
in the Federal Register or by other
appropriate means, such as on the
related collection instrument or form, if
applicable. The display of OMB control
numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
Abstract: On March 8, 1974, the EPA
issued Standards of Performance for
Petroleum Refineries (40 CFR part 60,
subpart J) under section 111 of the CAA.
On August 18, 1995, the EPA issued
NESHAP for petroleum refineries (40
CFR part 63, subpart CC) under section
112 of the CAA. On April 11, 2002, the
EPA issued NESHAP for catalytic
cracking units, catalytic reforming units,
and sulfur recovery units at petroleum
refineries (40 CFR part 63, subpart
25 tons per year or more of any combination of
hazardous air pollutants, unless the Administrator
establishes a lesser quantity, or in the case of
radionuclides, different criteria from those specified
in this sentence.
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UUU) under section 112 of the CAA.
This ICR is being conducted by EPA’s
Office of Air and Radiation to assist the
EPA Administrator in determining the
current affected population of
petroleum refining processes and the
emissions from those processes in order
to evaluate whether to revise the
existing emissions standards pursuant
to sections 111(b), 112(d), and 112(f)(6)
of the CAA.
Section 111(b)(1)(B) of the CAA
mandates that EPA review and, if
appropriate, revise existing NSPS every
8 years. The Standards of Performance
for Petroleum Refineries were reviewed
in 2008, and EPA promulgated
amendments to the existing standards of
performance and developed separate
standards of performance for new
process units (40 CFR part 60, subpart
Ja). However, the Agency received and
granted a number of petitions for
reconsideration related to those
standards. Similarly, section 112(f)(2) of
the CAA directs EPA to conduct risk
assessments on each source category
subject to maximum achievable control
technology (MACT) standards and
determine if additional standards are
needed to reduce residual risks. The
CAA section 112(f)(2) residual risk
review is to be done once, within 8
years of promulgation of the MACT
standard. Section 112(d)(6) of the CAA
requires EPA to review and revise the
MACT standards, as necessary, taking
into account developments in practices,
processes, and control technologies. The
CAA section 112(d)(6) technology
review is to be done every 8 years.
The proposed ICR has two
components: (1) A questionnaire to be
completed by all 152 petroleum
refineries, and (2) emissions testing to
be performed for 92 selected emissions
sources. To obtain the information
necessary to identify and categorize all
units potentially affected by any future
revision to a standard, the first
component of this ICR will solicit
information from all potentially affected
units in the format of an electronic
survey under authority of section 114 of
the CAA. This survey will include
questions about the facility and
individual emissions sources, and will
ask the owners/operators to develop and
provide an emissions inventory, submit
cost data, provide copies of recent
emissions test reports and continuous
emission monitoring system (CEMS)/
continuous monitoring system (CMS)
data, and conduct crude oil sampling
and analysis. As previously noted, all
refineries are major sources of HAP, so
the survey will be submitted to all
facilities listed in the Energy
Information Administration’s Refinery
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Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Notices
Capacity Report 2009. The second
component will consist of requiring
emissions testing, again pursuant to the
authority of section 114 of the CAA. A
total of 92 individual emission sources
will be selected for testing, and the
owners and operators of each emission
source will be notified of the
requirement to test that source in
accordance with an EPA-approved
testing protocol.
By conducting the CAA-required
reviews of both 40 CFR part 63, subparts
CC and UUU, and addressing a number
of the issues on reconsideration of 40
CFR part 60, subpart J/Ja all at the same
time, EPA can make use of a single
collection of information to consider
control strategies that are the most
effective for HAP, which are regulated
under CAA section 112, and criteria air
pollutants (such as particulate matter,
sulfur dioxide, and nitrogen oxide),
which are regulated under CAA section
111, and consider if additional
amendments are appropriate to the CAA
section 111 standards in light of this
information and interaction with the
CAA section 112 standards. The data
would also allow EPA to evaluate
compliance options for startup and
shutdown periods, and consider ways to
consolidate monitoring, reporting and
recordkeeping requirements among the
different rules under review. The data
may also help EPA conduct reviews of
other rules specific to petroleum
refineries, including Standards of
Performance for Equipment Leaks of
VOC in Petroleum Refineries (40 CFR
part 60, subpart GGG), Standards of
Performance for VOC Emissions from
Petroleum Refinery Wastewater Systems
(40 CFR part 60, subpart QQQ), and
National Emission Standard for Benzene
Waste Operations (40 CFR part 61,
subpart FF).
This one-time collection will solicit
information under authority of CAA
section 114. The EPA intends to provide
the survey in electronic format. The
survey will be sent to all facilities
identified as petroleum refineries
through information available to the
Agency. EPA envisions allowing
recipients 90 days to respond to the
survey and 6 months to complete
emissions testing, if required. Nonconfidential information from this ICR
will be made available to the public.
EPA estimates the total cost of the
information collection (for 152
respondents) will be 47,000 hours and
$23 million, which includes $912 in
operation and maintenance (O&M) costs
for postage for mailing hard copy test
reports and confidential survey
responses to EPA.
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The data collected will be used to
update facility and emissions source
information, develop new estimates of
the population of affected units, and
identify the control measures and
alternative emission limits being used
for compliance with the existing rules
that are under review. This information,
along with existing emission limits, will
be used to establish a baseline for
purposes of the regulatory reviews. The
emissions test data (test reports, CEMS
data, and CMS data) collected will be
used to verify the performance of
existing control measures, examine
variability in emissions, evaluate
emission limits, determine the
performance of the most effective
control measures considered for
purposes of reducing residual risk, and
provide a basis for estimating
nationwide emissions from emissions
sources for which EPA has little
information. Emissions data will also be
used, along with process and emission
unit details, to consider options for best
demonstrated technology under the
NSPS review, consider subcategories for
further regulation, and estimate the
environmental and cost impacts
associated with any regulatory options
considered.
The CAA requires sources subject to
this collection of information to submit
the information requested. All
information submitted to EPA pursuant
to this ICR for which a claim of
confidentiality is made, is safeguarded
according to Agency policies in 40 CFR
part 2, subpart B. 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.
OMB control numbers for EPA’s
regulations are listed in 40 CFR part 9.
The EPA would like to solicit
comments to:
(i) Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the Agency, including
whether the information will have
practical utility;
(ii) Evaluate the accuracy of the
Agency’s estimate of the burden of the
proposed collection of information,
including the methodology and
assumptions used;
(iii) Enhance the quality, utility, and
clarity of the information to be
collected; and
(iv) Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated electronic,
mechanical, or other technological
collection techniques or other forms of
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60109
information technology (e.g., permitting
electronic submission of responses).
Burden Statement: The projected cost
and hour burden for industry for this
one-time collection of information is
$23 million and 47,000 hours. This
burden is based on an estimated 152
respondents to the survey. This ICR
does not include any requirements that
would cause the respondents to incur
either capital or start-up costs. The O&M
costs of $912 are estimated for postage
to mail hard copy test reports and
confidential survey responses to EPA.
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 use 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 which have subsequently
changed; 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.
The ICR provides a detailed
explanation of the Agency’s estimate,
which is only briefly summarized here.
Estimated total number of potential
respondents: 152 facilities.
Frequency of response: One time.
Estimated total average number of
responses for each respondent: 1.
Estimated total annual burden hours:
47,000.
Estimated total annual burden costs:
$23 million. This includes an estimated
burden cost of $7.8 million for the
electronic survey component and an
estimated cost of $15 million for the
stack testing component.
What is the next step in the process for
this ICR?
EPA will consider the comments
received and amend the ICR as
appropriate. The final ICR package will
then be submitted to OMB for review
and approval pursuant to 5 CFR
1320.12. At that time, EPA will issue
another Federal Register notice
pursuant to 5 CFR 1320.5(a)(1)(iv) to
announce the submission of the ICR to
OMB and the opportunity to submit
additional comments to OMB. If you
have any questions about this ICR or the
approval process, please contact the
technical person listed under FOR
FURTHER INFORMATION CONTACT.
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Dated: September 10, 2010.
Peter Tsirigotis,
Director, Sector Policies and Programs
Division.
[FR Doc. 2010–24424 Filed 9–28–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2010–0761; FRL–8845–3]
FIFRA Scientific Advisory Panel;
Notice of Public Meeting
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
There will be a 1–day
consultation meeting of the Federal
Insecticide, Fungicide, and Rodenticide
Act Scientific Advisory Panel (FIFRA
SAP) to consider and review scientific
issues associated with pesticide
exposure models and climate change.
The purpose of the meeting is for the
Agency to seek advice on models for
predicting human and ecological
exposures to pesticides that might be
appropriate to account for the effects of
climate change.
DATES: The meeting will be held on
December 7, 2010, from approximately
8:30 a.m. to 5 p.m.
Comments. The Agency encourages
that written comments be submitted by
November 23, 2010 and requests for oral
comments be submitted by November
30, 2010. However, written comments
and requests to make oral comments
may be submitted until the date of the
meeting, but anyone submitting written
comments after November 23, 2010,
should contact the Designated Federal
Official (DFO) listed under FOR FURTHER
INFORMATION CONTACT. For additional
instructions, see Unit I.C. of the
SUPPLEMENTARY INFORMATION.
Nominations. Nominations of
candidates to serve as ad hoc members
of FIFRA SAP for this meeting should
be provided on or before October 13,
2010.
Webcast. This meeting may be
webcast. Please refer to the FIFRA SAP’s
website, https://www.epa.gov/scipoly/
SAP, for information on how to access
the webcast. Please note that the
webcast is a supplementary public
process provided only for convenience.
If difficulties arise resulting in
webcasting outages, the meeting will
continue as planned.
Special accommodations. For
information on access or services for
individuals with disabilities, and to
request accommodation of a disability,
please contact the DFO listed under FOR
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SUMMARY:
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15:17 Sep 28, 2010
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at least
10 days prior to the meeting to give EPA
as much time as possible to process
your request.
ADDRESSES: The meeting will be held at
the Environmental Protection Agency,
Conference Center, Lobby Level, One
Potomac Yard (South Bldg.), 2777 S.
Crystal Dr., Arlington, VA 22202.
Comments. Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2010–0761, by
one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Mail: Office of Pesticide Programs
(OPP) Regulatory Public Docket (7502P),
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001.
• Delivery: OPP Regulatory Public
Docket (7502P), Environmental
Protection Agency, Rm. S–4400, One
Potomac Yard (South Bldg.), 2777 S.
Crystal Dr., Arlington, VA. Deliveries
are only accepted during the Docket
Facility ’s normal hours of operation
(8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays).
Special arrangements should be made
for deliveries of boxed information. The
Docket Facility telephone number is
(703) 305–5805.
Instructions. Direct your comments to
docket ID number EPA–HQ–OPP–2010–
0761. If your comments contain any
information that you consider to be CBI
or otherwise protected, please contact
the DFO listed under FOR FURTHER
INFORMATION CONTACT to obtain special
instructions before submitting your
comments. EPA’s policy is that all
comments received will be included in
the docket without change and may be
made available on-line at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through regulations.gov or email. The regulations.gov website is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through
regulations.gov, your e-mail address
will be automatically captured and
included as part of the comment that is
placed in the docket and made available
on the Internet. If you submit an
electronic comment, EPA recommends
FURTHER INFORMATION CONTACT
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that you include your name and other
contact information in the body of your
comment and with any disk or CD-ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: All documents in the docket
are listed in the docket index available
at https://www.regulations.gov. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either in the
electronic docket at https://
www.regulations.gov, or, if only
available in hard copy, at the OPP
Regulatory Public Docket in Rm. S–
4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The
hours of operation of this Docket
Facility are from 8:30 a.m. to 4 p.m.,
Monday through Friday, excluding legal
holidays. The Docket Facility telephone
number is (703) 305–5805.
Nominations, requests to present oral
comments, and requests for special
accommodations. Submit nominations
to serve as ad hoc members of FIFRA
SAP, requests for special seating
accommodations, or requests to present
oral comments to the DFO listed under
FOR FURTHER INFORMATION CONTACT.
FOR FURTHER INFORMATION CONTACT:
Fred Jenkins, DFO, Office of Science
Coordination and Policy (7201M),
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(202) 564–3327; fax number: (202) 564–
8382; e-mail address:
jenkins.fred@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
This action is directed to the public
in general. This action may, however, be
of interest to persons who are or may be
required to conduct testing of chemical
substances under the Federal Food,
Drug, and Cosmetic Act (FFDCA),
FIFRA, and the Food Quality Protection
Act of 1996 (FQPA). Since other entities
may also be interested, the Agency has
not attempted to describe all the specific
entities that may be affected by this
action. If you have any questions
regarding the applicability of this action
E:\FR\FM\29SEN1.SGM
29SEN1
Agencies
[Federal Register Volume 75, Number 188 (Wednesday, September 29, 2010)]
[Notices]
[Pages 60107-60110]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-24424]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OAR-2010-0682; FRL-9207-9]
Agency Information Collection Activities: Proposed Collection;
Comment Request; Information Collection Request for Petroleum Refinery
Sector New Source Performance Standards (NSPS) and National Emission
Standards for Hazardous Air Pollutants (NESHAP) Residual Risk and
Technology Review; EPA ICR No. 2411.01, OMB Control No. 2060--NEW
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: In compliance with the Paperwork Reduction Act, this action
announces that EPA is planning to submit a new Information Collection
Request to the Office of Management and Budget. Before submitting the
Information Collection Request to the Office of Management and Budget
for review and approval, EPA is soliciting comments on specific aspects
of the proposed information collection as described below.
DATES: Comments must be submitted on or before November 29, 2010.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2010-0682, by one of the following methods:
www.regulations.gov: Follow the on-line instructions for
submitting comments.
E-mail: a-and-r-Docket@epa.gov.
Phone: (202) 566-1742.
Fax: (202) 566-9744.
Mail: Air and Radiation Docket and Information Center,
Environmental Protection Agency, Mailcode: 28221T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460.
Hand Delivery: Air and Radiation Docket and Information
Center, Environmental Protection Agency, Room 3334, EPA West Building,
1301 Constitution Avenue, NW., Washington, DC 20004. Such deliveries
are only accepted during the Docket's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2010-0682. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or e-mail.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket, visit the EPA Docket Center
homepage at https://www.epa.gov/epahome/dockets.htm.
FOR FURTHER INFORMATION CONTACT: Mr. Bob Lucas, Sector Policies and
Programs Division (E143-01), Office of Air Quality Planning and
Standards, Environmental Protection Agency, Research Triangle Park, NC
27711; telephone number: (919) 541-0884; fax number: (919) 541-0246; e-
mail address: lucas.bob@epa.gov; or Ms. Brenda Shine, Sector Policies
and Programs Division (E143-01), Office of Air Quality Planning and
Standards, Environmental Protection Agency, Research Triangle Park, NC
27711; telephone number: (919) 541-3608; fax number: (919) 541-0246; e-
mail address: shine.brenda@epa.gov.
SUPPLEMENTARY INFORMATION:
How can I access the docket and/or submit comments?
EPA has established a public docket for this Information Collection
Request (ICR) under Docket ID No. EPA-HQ-OAR-2010-0682, which is
available for online viewing at www.regulations.gov, or in person
viewing at the Air and Radiation Docket in the EPA Docket Center (EPA/
DC), EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC.
The EPA/DC Public Reading Room is open from 8 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone
[[Page 60108]]
number for the Reading Room is 202-566-1744, and the telephone number
for the Air and Radiation Docket is 202-566-1742.
Use www.regulations.gov to obtain a copy of the draft collection of
information, submit or view public comments, access the index listing
of the contents of the docket, and to access those documents in the
public docket that are available electronically. Once in the system,
select ``search,'' then key in the docket ID number identified in this
document.
What information is EPA particularly interested in?
Pursuant to Paperwork Reduction Act (PRA) section 3506(c)(2)(A),
EPA specifically solicits comments and information to enable it to:
(i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility;
(ii) Evaluate the accuracy of the Agency's estimate of the burden
of the proposed collection of information, including the validity of
the methodology and assumptions used;
(iii) Enhance the quality, utility, and clarity of the information
to be collected; and
(iv) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology (e.g., permitting electronic
submission of responses). In particular, EPA is requesting comments
from small entities (small businesses primarily engaged in refining
crude petroleum into refined petroleum as defined by North American
Industry Classification System (NAICS) code 32411 whose parent company
has no more than 1,500 employees) on examples of specific additional
efforts that EPA could make to reduce the paperwork burden for small
entities affected by this collection.
What information collection activity or ICR does this apply to?
Affected entities: Respondents affected by this action are owners/
operators of petroleum refineries, all of which are expected to be
major sources of hazardous air pollutants (HAP).\1\ Petroleum
refineries are facilities engaged in refining and producing products
made from crude oil or unfinished petroleum derivatives. Based on the
Energy Information Administration's Refinery Capacity Report 2009,
there are 152 operable petroleum refineries in the United States (U.S.)
and the U.S. territories. We are aware that some refineries have
integrated operations between two nearby, but non-contiguous,
locations. Therefore, the questionnaire asks the refining companies to
identify their refineries according to the definition of ``facility''
in the Clean Air Act (CAA), which could result in more than 152
responses. Petroleum refineries are located in 35 States, as well as
Puerto Rico and the U.S. Virgin Islands. Texas, Louisiana, and
California are the States with the most petroleum refining capacity.
The NAICS code for respondents affected by the information collection
is 32411.
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\1\ As defined in 40 CFR 63.2, ``Major source'' means any
stationary source or group of stationary sources located within a
contiguous area and under common control that emits or has the
potential to emit considering controls, in the aggregate, 10 tons
per year or more of any hazardous air pollutant or 25 tons per year
or more of any combination of hazardous air pollutants, unless the
Administrator establishes a lesser quantity, or in the case of
radionuclides, different criteria from those specified in this
sentence.
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Title: Information Collection Request for Petroleum Refinery Sector
New Source Performance Standards (NSPS) and National Emission Standards
for Hazardous Air Pollutants (NESHAP) Residual Risk and Technology
Review.
ICR numbers: EPA ICR No. 2411.01, OMB Control No. 2060-NEW.
ICR status: This ICR is for a new information collection activity.
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 Office of Management and Budget (OMB) control number. The OMB
control numbers for EPA's regulations in title 40 of the Code of
Federal Regulations (CFR), after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, and are displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
Abstract: On March 8, 1974, the EPA issued Standards of Performance
for Petroleum Refineries (40 CFR part 60, subpart J) under section 111
of the CAA. On August 18, 1995, the EPA issued NESHAP for petroleum
refineries (40 CFR part 63, subpart CC) under section 112 of the CAA.
On April 11, 2002, the EPA issued NESHAP for catalytic cracking units,
catalytic reforming units, and sulfur recovery units at petroleum
refineries (40 CFR part 63, subpart UUU) under section 112 of the CAA.
This ICR is being conducted by EPA's Office of Air and Radiation to
assist the EPA Administrator in determining the current affected
population of petroleum refining processes and the emissions from those
processes in order to evaluate whether to revise the existing emissions
standards pursuant to sections 111(b), 112(d), and 112(f)(6) of the
CAA.
Section 111(b)(1)(B) of the CAA mandates that EPA review and, if
appropriate, revise existing NSPS every 8 years. The Standards of
Performance for Petroleum Refineries were reviewed in 2008, and EPA
promulgated amendments to the existing standards of performance and
developed separate standards of performance for new process units (40
CFR part 60, subpart Ja). However, the Agency received and granted a
number of petitions for reconsideration related to those standards.
Similarly, section 112(f)(2) of the CAA directs EPA to conduct risk
assessments on each source category subject to maximum achievable
control technology (MACT) standards and determine if additional
standards are needed to reduce residual risks. The CAA section
112(f)(2) residual risk review is to be done once, within 8 years of
promulgation of the MACT standard. Section 112(d)(6) of the CAA
requires EPA to review and revise the MACT standards, as necessary,
taking into account developments in practices, processes, and control
technologies. The CAA section 112(d)(6) technology review is to be done
every 8 years.
The proposed ICR has two components: (1) A questionnaire to be
completed by all 152 petroleum refineries, and (2) emissions testing to
be performed for 92 selected emissions sources. To obtain the
information necessary to identify and categorize all units potentially
affected by any future revision to a standard, the first component of
this ICR will solicit information from all potentially affected units
in the format of an electronic survey under authority of section 114 of
the CAA. This survey will include questions about the facility and
individual emissions sources, and will ask the owners/operators to
develop and provide an emissions inventory, submit cost data, provide
copies of recent emissions test reports and continuous emission
monitoring system (CEMS)/continuous monitoring system (CMS) data, and
conduct crude oil sampling and analysis. As previously noted, all
refineries are major sources of HAP, so the survey will be submitted to
all facilities listed in the Energy Information Administration's
Refinery
[[Page 60109]]
Capacity Report 2009. The second component will consist of requiring
emissions testing, again pursuant to the authority of section 114 of
the CAA. A total of 92 individual emission sources will be selected for
testing, and the owners and operators of each emission source will be
notified of the requirement to test that source in accordance with an
EPA-approved testing protocol.
By conducting the CAA-required reviews of both 40 CFR part 63,
subparts CC and UUU, and addressing a number of the issues on
reconsideration of 40 CFR part 60, subpart J/Ja all at the same time,
EPA can make use of a single collection of information to consider
control strategies that are the most effective for HAP, which are
regulated under CAA section 112, and criteria air pollutants (such as
particulate matter, sulfur dioxide, and nitrogen oxide), which are
regulated under CAA section 111, and consider if additional amendments
are appropriate to the CAA section 111 standards in light of this
information and interaction with the CAA section 112 standards. The
data would also allow EPA to evaluate compliance options for startup
and shutdown periods, and consider ways to consolidate monitoring,
reporting and recordkeeping requirements among the different rules
under review. The data may also help EPA conduct reviews of other rules
specific to petroleum refineries, including Standards of Performance
for Equipment Leaks of VOC in Petroleum Refineries (40 CFR part 60,
subpart GGG), Standards of Performance for VOC Emissions from Petroleum
Refinery Wastewater Systems (40 CFR part 60, subpart QQQ), and National
Emission Standard for Benzene Waste Operations (40 CFR part 61, subpart
FF).
This one-time collection will solicit information under authority
of CAA section 114. The EPA intends to provide the survey in electronic
format. The survey will be sent to all facilities identified as
petroleum refineries through information available to the Agency. EPA
envisions allowing recipients 90 days to respond to the survey and 6
months to complete emissions testing, if required. Non-confidential
information from this ICR will be made available to the public. EPA
estimates the total cost of the information collection (for 152
respondents) will be 47,000 hours and $23 million, which includes $912
in operation and maintenance (O&M) costs for postage for mailing hard
copy test reports and confidential survey responses to EPA.
The data collected will be used to update facility and emissions
source information, develop new estimates of the population of affected
units, and identify the control measures and alternative emission
limits being used for compliance with the existing rules that are under
review. This information, along with existing emission limits, will be
used to establish a baseline for purposes of the regulatory reviews.
The emissions test data (test reports, CEMS data, and CMS data)
collected will be used to verify the performance of existing control
measures, examine variability in emissions, evaluate emission limits,
determine the performance of the most effective control measures
considered for purposes of reducing residual risk, and provide a basis
for estimating nationwide emissions from emissions sources for which
EPA has little information. Emissions data will also be used, along
with process and emission unit details, to consider options for best
demonstrated technology under the NSPS review, consider subcategories
for further regulation, and estimate the environmental and cost impacts
associated with any regulatory options considered.
The CAA requires sources subject to this collection of information
to submit the information requested. All information submitted to EPA
pursuant to this ICR for which a claim of confidentiality is made, is
safeguarded according to Agency policies in 40 CFR part 2, subpart B.
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. OMB control numbers for EPA's regulations are
listed in 40 CFR part 9.
The EPA would like to solicit comments to:
(i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility;
(ii) Evaluate the accuracy of the Agency's estimate of the burden
of the proposed collection of information, including the methodology
and assumptions used;
(iii) Enhance the quality, utility, and clarity of the information
to be collected; and
(iv) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology (e.g., permitting electronic
submission of responses).
Burden Statement: The projected cost and hour burden for industry
for this one-time collection of information is $23 million and 47,000
hours. This burden is based on an estimated 152 respondents to the
survey. This ICR does not include any requirements that would cause the
respondents to incur either capital or start-up costs. The O&M costs of
$912 are estimated for postage to mail hard copy test reports and
confidential survey responses to EPA.
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 use
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
which have subsequently changed; 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.
The ICR provides a detailed explanation of the Agency's estimate,
which is only briefly summarized here.
Estimated total number of potential respondents: 152 facilities.
Frequency of response: One time.
Estimated total average number of responses for each respondent: 1.
Estimated total annual burden hours: 47,000.
Estimated total annual burden costs: $23 million. This includes an
estimated burden cost of $7.8 million for the electronic survey
component and an estimated cost of $15 million for the stack testing
component.
What is the next step in the process for this ICR?
EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will
issue another Federal Register notice pursuant to 5 CFR
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the
opportunity to submit additional comments to OMB. If you have any
questions about this ICR or the approval process, please contact the
technical person listed under FOR FURTHER INFORMATION CONTACT.
[[Page 60110]]
Dated: September 10, 2010.
Peter Tsirigotis,
Director, Sector Policies and Programs Division.
[FR Doc. 2010-24424 Filed 9-28-10; 8:45 am]
BILLING CODE 6560-50-P