57150 Federal Register / Vol. 78, No. 180 / Tuesday, September 17, 2013 / Notices 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OW–2008–0719, FRL–9901–07– 

OW] 

Agency Information Collection 

Activities; Proposed Collection; 

Request for Comments on Three 

Proposed Information Collection 

Requests 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act (PRA), this 

notice announces that the 

Environmental Protection Agency (EPA) 

is planning to submit a request to renew 

three existing Information Collection 

Requests (ICRs) to the Office of 

Management and Budget (OMB). Before 

submitting the ICRs to OMB for review 

and approval, EPA is soliciting 

comments on specific aspects of the 

information collections as described at 

the beginning of Supplementary 

Information. 

DATES: Comments must be submitted on 

or before November 18, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OW–2008–0719, by one of the following 

methods: 

• http://www.regulations.gov: Follow 

the online instructions for submitting 

comments. 

• Email: ow-docket@epa.gov (Identify 

Docket ID No. EPA–HQ–OW–2008–0719 

in the subject line). 

• Mail: Water Docket, Environmental 

Protection Agency, Mailcode: 28221T, 

ATTN: Docket ID #EPA–HQ–OW–2008– 

0719, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460. Please include a 

total of three copies. 

• Hand Delivery: EPA Docket Center, 

WJC West Building, Room 3334, 1301 

Constitution Avenue NW., Washington, 

DC 20004. ATTN: Docket ID # EPA– 

HQ–OW–2008–0719. 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 

identified by the Docket ID No. EPA– 

HQ–OW–2008–0719. EPA’s policy is 

that all comments received will be 

included in the public docket without 

change and may be made available 

online at http://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 http://

www.regulations.gov or email. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through http://

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 http://

www.epa.gov/epahome/dockets.htm. 

FOR FURTHER INFORMATION CONTACT: 

Sandra Rivera, State and Regional 

Branch, Water Permits Division, OWM 

Mail Code: 4203M, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460; 

telephone number: (202) 564–1054; 

email address: rivera.sandra@epa.gov. 

SUPPLEMENTARY INFORMATION: An 

Agency may not conduct or sponsor, 

and a person is not required to respond 

to collection information unless it 

displays a currently valid OMB control 

number. The OMB control numbers for 

EPA’s regulations are displayed in 40 

CFR part 9. 

How can I access the docket and/or 

submit comments? 

EPA has established a public docket 

for this ICR under Docket ID No. EPA– 

HQ–OW–2008–0719, which is available 

for online viewing at 

www.regulations.gov, or in person 

viewing at the Water Docket in the EPA 

Docket Center (EPA/DC), WJC West 

Building, Room 3334, 1301 Constitution 

Ave. NW., Washington, DC. The EPA/

DC Public Reading Room is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. The 

telephone number for the Reading Room 

is 202–566–1744, and the telephone 

number for the Water Docket is 202– 

566–2426. 

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 section 3506(c)(2)(A) of 

the PRA, 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 very small businesses (those that 

employ less than 25) on examples of 

specific additional efforts that EPA 

could make to reduce the paperwork 

burden for very small businesses 

affected by this collection. 

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. 


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Federal Register / Vol. 78, No. 180 / Tuesday, September 17, 2013 / Notices 57151 

What should I consider when I prepare 

my comments for EPA? 

You may find the following 

suggestions helpful for preparing your 

comments: 

1. Explain your views as clearly as 

possible and provide specific examples. 

2. Describe any assumptions that you 

used. 

3. Provide copies of any technical 

information and/or data you used that 

support your views. 

4. If you estimate potential burden or 

costs, explain how you arrived at the 

estimate that you provide. 

5. Offer alternative ways to improve 

the collection activity. 

6. Make sure to submit your 

comments by the deadline identified 

under DATES. 

7. To ensure proper receipt by EPA, 

be sure to identify the docket ID number 

assigned to this action in the subject 

line on the first page of your response. 

You may also provide the name, date, 

and Federal Register citation. 

A. List of ICRs Planned To Be Submitted 

(1) Information Collection Request for 

Cooling Water Intake Structure Phase II 

Existing Facilities (Renewal), EPA ICR 

No. 2060.05, OMB Control No. 2040– 

0257; expiration date 01/31/2014. 

(2) Information Collection Request for 

Cooling Water Intake Structures at 

Phase III Facilities (Renewal), EPA ICR 

No. 2169.03, OMB Control No. 2040– 

0268, expiration date 01/31/2014. 

(3) Information Collection Request for 

Animal Sectors (Renewal); EPA ICR No. 

1989.08; OMB Control No. 2040–0250, 

expiration date 01/31/2014. 

B. Information on Individual ICRs 

(1) Information Collection Request for 

Cooling Water Intake Structure Phase II 

Existing Facilities (Renewal), EPA ICR 

No. 2060.05, OMB Control No. 2040– 

0257; expiration date 01/31/2014. 

Affected entities: Entities potentially 

affected by this action include existing 

electric power generating facilities 

meeting the applicability criteria of the 

316(b) Phase II Existing Facility rule at 

40 CFR 125.91. 

Abstract: The section 316(b) Phase II 

Existing Facility rule requires the 

collection of information from existing 

point source facilities that generate and 

transmit electric power (as a primary 

activity) or generate electric power but 

sell it to another entity for transmission, 

use a cooling water intake structure 

(CWIS) that uses at least 25 percent of 

the water it withdraws from waters of 

the U.S. for cooling purposes, and have 

a design intake flow of 50 million 

gallons per day (MGD) or more. Section 

316(b) of the Clean Water Act (CWA) 

requires that any standard established 

under section 301 or 306 of the CWA 

and applicable to a point source must 

require that the location, design, 

construction and capacity of CWISs at 

that facility reflect the best technology 

available (BTA) for minimizing adverse 

environmental impact. Such impact 

occurs as a result of impingement 

(where fish and other aquatic life are 

trapped on technologies at the entrance 

to CWIS) and entrainment (where 

aquatic organisms, eggs, and larvae are 

taken into the cooling system, passed 

through the heat exchanger, and then 

pumped back out with the discharge 

from the facility). The 316(b) Phase II 

rule establishes requirements applicable 

to the location, design, construction, 

and capacity of CWISs at Phase II 

existing facilities. These requirements 

establish the BTA for minimizing 

adverse environmental impact 

associated with the use of CWISs. 

The 316(b) Phase II rule was signed 

on February 16, 2004. Industry and 

environmental groups, and a number of 

States filed legal challenges to the rule. 

Several issues were heard by the U.S. 

Court of Appeals for the Second Circuit, 

which issued a decision on January 25, 

2007 remanding portions of the rule (see 

Riverkeeper, Inc. v. U.S. EPA, No. 04– 

6692–ag(L) [2d Cir. Jan. 25, 2007]). EPA 

subsequently suspended the Phase II 

rule on July 9, 2007 and directed permit 

writers to continue to issue permits with 

316(b) requirements developed using 

the permit writer’s best professional 

judgment (BPJ). Industry groups 

petitioned and were granted certiorari 

from the Supreme Court, which issued 

a decision on April 1, 2009 (Entergy 

Corp. v. Riverkeeper, Inc., No. 07–588). 

EPA is currently in the process of 

developing a revised rule for existing 

facilities and expects to publish the 

final rule by November 4, 2013. 

EPA believes that the burden 

estimated in this ICR is likely to 

represent an upper bound on the burden 

that the public would incur in 

complying with BPJ-based permitting 

requirements for cooling water intake 

structures at large existing power plants 

over the next three years. EPA will 

submit a revised ICR with the new rule 

that reflects its specific requirements. 

The revised ICR will replace this one 

when the new rule is promulgated. 

Burden Statement: The annual 

average reporting and record keeping 

burden for the collection of information 

by facilities responding to the Section 

316(b) Phase II Existing Facility rule is 

estimated to be 2,046 hours per 

respondent (i.e., an annual average of 

965,509 hours of burden divided among 

an anticipated annual average of 472 

facilities). The State Director reporting 

and record keeping burden for the 

review, oversight, and administration of 

the rule is estimated to average 1,060 

hours per respondent (i.e., an annual 

average of 44,513 hours of burden 

divided among an anticipated 42 States 

on average per year). 

The ICR provides a detailed 

explanation of the Agency’s estimate, 

which is only briefly summarized here: 

Estimated total number of potential 

respondents: 548 (506 facilities and 42 

States). 

Frequency of response: Every five 

years, bi-annually, monthly. 

Estimated total average number of 

responses for each respondent: 5.2 for 

facilities (2,473 annual average 

responses for 472 average facility 

respondents) and 58.8 for States (2,472 

annual average responses for 42 average 

State respondents). 

Estimated total annual burden hours: 

1,010,021 (965,509 for facilities and 

44,513 for States). 

Estimated total annual costs: 

$59,478,399. This includes an estimated 

burden cost of $48,890,325 and an 

estimated cost of $10,588,074 for capital 

investment or maintenance and 

operational costs. 

Change in Burden: There is a decrease 

of 13,500 (1%) hours in the total 

estimated respondent burden compared 

with that identified in the ICR currently 

approved by OMB. This marginal 

change is due to the variations of the 

compliance schedule from year to year. 

(2) Information Collection Request for 

Cooling Water Intake Structures at 

Phase III Facilities (Renewal), EPA ICR 

No. 2169.03, OMB Control No. 2040– 

0268, expiration date 01/31/2014. 

Affected entities: Entities potentially 

affected by this action include new 

offshore oil and gas extraction facilities 

meeting the applicability criteria of the 

316(b) Phase III Facilities at 40 CFR 

125.131. 

Abstract: The Section 316(b) 

regulations for Phase III facilities (71 FR 

35006, June 16, 2006) require the 

collection of information from new 

offshore oil and gas extraction facilities 

that use a cooling water intake 

structure(s) that uses at least 25 percent 

of the water it withdraws for cooling 

purposes, and have a design intake flow 

greater than two (2) million gallons per 

day (MGD). Section 316(b) of the CWA 

requires that any standard established 

under section 301 or 306 of the CWA 

and applicable to a point source must 

require that the location, design, 

construction and capacity of cooling 

water intake structure(s) at that facility 

reflect the best technology available for 


tkelley on DSK3SPTVN1PROD with NOTICES
57152 Federal Register / Vol. 78, No. 180 / Tuesday, September 17, 2013 / Notices 

minimizing adverse environmental 

impact. Such impact occurs as a result 

of impingement (where fish and other 

aquatic life are trapped on structural 

components at the entrance to cooling 

water intake structures) and 

entrainment (where aquatic organisms, 

eggs, and larvae are taken into the 

cooling system, passed through the heat 

exchanger, and then pumped back out 

with the discharge from the facility). 

The rule contains requirements 

applicable to the location, design, 

construction, and capacity of cooling 

water intake structures at new offshore 

oil and gas extraction facilities. These 

requirements seek to establish the best 

technology available for minimizing 

adverse environmental impact 

associated with the use of cooling water 

intake structure(s). 

Burden Statement: The annual 

average burden for new offshore oil and 

gas facilities is 56,755 hours for an 

average of 55 facilities. Hence, the 

annual average reporting and record 

keeping burden for the collection of 

information by facilities responding to 

the Section 316(b) Phase III rule is 

estimated to be 1,032 hours per 

respondent (i.e., an annual average of 

56,755 hours of burden divided among 

an anticipated annual average of 55 

facilities). For new offshore oil and gas 

extraction facilities, the permitting 

process is handled directly by EPA 

Regions 4, 6, and 10. Since this burden 

is incurred by the Federal Government 

rather than the States, it is not included 

as part of the burden statement for State 

Directors. 

Estimated total number of potential 

respondents: 61 facilities. 

Frequency of response: Every five 

years, annual, monthly. 

Estimated total average number of 

responses for each respondent: 4.6 for 

facilities (251 annual average responses 

for 55 average facility respondents). 

Estimated total annual burden hours: 

56,755 hours. 

Estimated total annual costs: 

$3,754,793. This includes an estimated 

labor burden cost of $2,795,603 and an 

estimated cost of $959,190 for capital 

investment or maintenance and 

operational costs. 

Change in Burden: The current 

approved ICR for the Section 316(b) 

Phase III new offshore oil and gas 

facilities estimated an annual average 

respondent burden of 34,080 hours. 

This ICR estimates an annual average 

respondent burden of 56,755 hours, 

which represents a 67 percent increase 

(22,675 hours) in burden. The change in 

burden is mainly the result of the 

increase in the number of facilities 

performing recurring activities: this ICR 

includes burden for annual activities 

performed by respondents that have 

sought permit coverage in the last 6 

years. As more facilities come on-line 

and receive permit coverage, more 

facilities have to perform these 

activities. This accounts for 22,146 

additional average hours in this ICR 

(97.7% of the increase). Additional 

changes are the result of the continuous 

shift from the approval period to the 

permit implementation and renewal 

period of the Section 316(b) Phase III 

rule: in all three years covered by this 

ICR, facilities will be applying for a 

permit for the first time or re-applying 

for permit coverage that was obtained 

during the three years covered by the 

previous ICR. The increase of reapplications adds 529 hours to this ICR 

(2.3% of the increase). 

(3) Information Collection Request for 

Animal Sectors (Renewal); EPA ICR No. 

1989.08; OMB Control No. 2040–0250, 

expiration date 01/31/2014. 

Affected entities: Entities potentially 

affected by this action are concentrated 

animal feeding operations (CAFOs) as 

specified in section 502(14) of the CWA, 

33 U.S.C. 1362(14) and defined in the 

NPDES regulations at 40 CFR 122.23 

and a subset of facilities engaged in 

aquatic animal production defined in 40 

CFR part 451. 

Abstract: This ICR covers the 

information collection burden imposed 

under the NPDES and ELG regulations 

for Concentrated Animal Feeding 

Operations (CAFO) and Concentrated 

Aquatic Animal Production (CAAP) 

facilities. 

On July 30, 2012, EPA published its 

most recent revisions to the NPDES 

CAFO regulations (77 FR 44494). These 

revisions were necessary as a result of 

a court decision in 2011 by the United 

States Court of Appeals for the Fifth 

Circuit in litigation relating to the 

NPDES CAFO permitting program 

(National Pork Producers Council v. 

EPA, 635 F.3d 738, 756 (5th Cir. 2011)). 

Although the decision narrowed the 

scope of CAFOs that need to seek 

NPDES permit coverage, the Effluent 

Limitations Guidelines for CAFOs and 

other aspects of the permitting program 

remain unchanged. As a consequence, 

the recordkeeping and reporting 

requirements faced by those CAFOs that 

do seek NPDES permit coverage were 

not affected. 

The Effluent Limitations Guidelines 

and Standards for the Concentrated 

Aquatic Animal Production (CAAP) 

Point Source Category establish specific 

reporting requirements for a portion of 

CAAP facilities through NPDES permits. 

The rule covers facilities which are 

defined as CAAP facilities (see 40 CFR 

122.24 and 40 CFR Part 122) and 

produce at least 100,000 pounds of fish 

per year in flow through, recirculating 

and net pen systems. The special 

reporting and record-keeping 

requirements under the rule are the 

subject of this ICR. CAAP facility 

owners or operators are required to file 

reports with the permitting authority 

when drugs with special approvals are 

applied to the production units or a 

failure in the structural integrity occurs 

in the aquatic animal containment 

system. 

Burden Statement: The annual 

average reporting and record keeping 

burden for the collection of information 

by CAFO and CAAP facilities is 

estimated to be 125 hours per 

respondent (i.e., an annual average of 

2,606,066 hours of burden divided 

among an anticipated annual average of 

20,915 facilities). The State Director 

reporting and record keeping burden for 

the review, oversight, and 

administration of the rule is estimated 

to average 11,538 hours per respondent 

(i.e., an annual average of 530,734 hours 

of burden divided among an anticipated 

46 States on average per year). 

Estimated total number of potential 

respondents: 21,667 (21,621 facilities 

and 46 States). 

Frequency of response: varies from 

once to ongoing. 

Estimated total average number of 

responses for each respondent: 149.5 for 

facilities (3,126,771 annual average 

responses for 20,915 average facility 

respondents) and 894.8 for States 

(41,159 annual average responses for 46 

average State respondents). 

Estimated total annual burden hours: 

3,136,799 (2,606,066 for facilities and 

530,734 for States). 

Estimated total annual costs: 

$70,924,281. This includes an estimated 

burden cost of $62,317,281 and an 

estimated cost of $8,607,000 for capital 

investment or maintenance and 

operational costs. 

Change in Burden: The current 

burden approved by OMB for this ICR 

is 3,273,678 hours. This updated ICR 

estimates a total burden that is 136,879 

hours less (4.2%) than the currently 

approved amount. On July 30, 2012, 

EPA published its most recent revisions 

to the NPDES CAFO regulations (77 FR 

44494). These revisions were necessary 

as a result of a 2011 decision by the 

United States Court of Appeals for the 

Fifth Circuit regarding the NPDES 

CAFO permitting program (National 

Pork Producers Council v. EPA, 635 

F.3d 738, 756 (5th Cir. 2011)). Although 

the court decision did not alter the 

Effluent Limitations Guidelines for 

NPDES-permitted CAFOs or 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 180 / Tuesday, September 17, 2013 / Notices 57153 

recordkeeping and reporting 

requirements faced by those CAFOs that 

do seek NPDES permit coverage, it 

significantly narrowed the scope of 

CAFOs that need to seek NPDES permit 

coverage. More specifically, the court 

vacated the requirement that CAFOs 

that ‘‘discharge or proposed to 

discharge’’ seek NPDES permit 

coverage, and ruled instead that only 

those CAFOs that experience actual 

discharges need permits. The resulting 

projected decline in NPDES CAFO 

permittees is estimated to cause a 

reduction of 636,192 hours for private 

respondents and 638 for State 

respondents. 

What is the next step in the process for 

these ICRs? 

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. 

Dated: September 9, 2013. 

Andrew D. Sawyers, 

Director, Office of Wastewater Management. 

[FR Doc. 2013–22627 Filed 9–16–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OAR–2006–0947; FRL—9901–08– 

OAR] 

Proposed Information Collection 

Request; Comment Request; NOX

Budget Trading Program To Reduce 

the Regional Transport of Ozone 

(Renewal) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Environmental Protection 

Agency is planning to submit an 

information collection request (ICR), 

‘‘Information Collection Request 

Renewal for the NOX Budget Trading 

Program to Reduce the Regional 

Transport of Ozone’’ (EPA ICR No. 

1857.06, OMB Control No. 2060–0445) 

to the Office of Management and Budget 

(OMB) for review and approval in 

accordance with the Paperwork 

Reduction Act (44 U.S.C. 3501 et seq.). 

Before doing so, EPA is soliciting public 

comments on specific aspects of the 

proposed information collection as 

described below. This is a proposed 

extension of the ICR, which is currently 

approved through February 28, 2014. 

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. 

DATES: Comments must be submitted on 

or before November 18, 2013. 

ADDRESSES: Submit your comments, 

referencing Docket ID No. EPA–HQ– 

OAR–2006–0947. online using 

www.regulations.gov (our preferred 

method), by email to a-and-r-docket@

epamail.epa.gov, or by mail to: EPA 

Docket Center, Environmental 

Protection Agency, Mail Code 28221T, 

1200 Pennsylvania Ave. NW., 

Washington, DC 20460. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change including any 

personal information provided, unless 

the comment includes profanity, threats, 

information claimed to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. 

FOR FURTHER INFORMATION CONTACT: 

Karen VanSickle, Clean Air Markets 

Division, Office of Air and Radiation, 

(6204J), Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460; telephone 

number: (202) 343–9220; fax number: 

(202) 343–2361; email address: 

vansickle.karen@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Supporting documents which explain in 

detail the information that the EPA will 

be collecting are available in the public 

docket for this ICR. The docket can be 

viewed online at www.regulations.gov 

or in person at the EPA Docket Center, 

EPA West, Room 3334, 1301 

Constitution Ave. NW., Washington, 

DC. The telephone number for the 

Docket Center is 202–566–1744. For 

additional information about EPA’s 

public docket, visit http://www.epa.gov/ 

dockets. 

Pursuant to section 3506(c)(2)(A) of 

the PRA, EPA is soliciting 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. 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. At that time, EPA 

will issue another Federal Register 

notice to announce the submission of 

the ICR to OMB and the opportunity to 

submit additional comments to OMB. 

Abstract: The NOX Budget Trading 

Program is a market-based cap and trade 

program created to reduce emissions of 

nitrogen oxides (NOX) from power 

plants and other large combustion 

sources in the eastern United States. 

NOX is a prime ingredient in the 

formation of ground-level ozone (smog), 

a pervasive air pollution problem in 

many areas of the eastern United States. 

The NOX Budget Trading Program was 

designed to reduce NOX emissions 

during the warm summer months, 

referred to as the ozone season, when 

ground-level ozone concentrations are 

highest. In 2009 the program was 

replaced by the Clean Air Interstate Rule 

Ozone Season Trading Program 

(CAIROS). Although the trading 

program was replaced after the 2008 

compliance season, this information 

collection is being renewed for two 

reasons. First, some industrial sources 

in certain States are still required to 

monitor and report emissions data to 

EPA under these rules, so we will 

account for their burden. Second, the 

Agency may at some future time, 

reinstitute the NOX Budget Trading 

Program. For example, this might 

happen if both the CAIR and CAIR 

replacement rules were vacated by the 

Court. All data received by EPA will be 

treated as public 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 are listed 

in 40 CFR part 9. 

Form Numbers: None. 

Respondents/affected entities: Entities 

potentially affected by this action are 

those which participate in the NOX

Budget Trading Program to Reduce the 

Regional Transport of Ozone. 


tkelley on DSK3SPTVN1PROD with NOTICES