Federal Register / Vol. 87, No. 62 / Thursday, March 31, 2022 / Notices 18789 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OAR–2021–0087; FRL–9706–01– 

OMS] 

Information Collection Request 

Submitted to OMB for Review and 

Approval; Comment Request; NESHAP 

for Benzene Waste Operations 

(Renewal) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Environmental Protection 

Agency (EPA) has submitted an 

information collection request (ICR), 

NESHAP for Benzene Waste Operations 

(EPA ICR Number 1541.13, OMB 

Control Number 2060–0183), to the 

Office of Management and Budget 

(OMB) for review and approval in 

accordance with the Paperwork 

Reduction Act. This is a proposed 

extension of the ICR, which is currently 

approved through March 31, 2022. 

Public comments were previously 

requested, via the Federal Register, on 

April 13, 2021 during a 60-day comment 

period. This notice allows for an 

additional 30 days for public comments. 

A fuller description of the ICR is given 

below, including its estimated burden 

and cost to the public. An agency may 

neither conduct nor sponsor, and a 

person is not required to respond to, a 

collection of information unless it 

displays a currently valid OMB control 

number. 

DATES: Additional comments may be 

submitted on or before May 2, 2022. 

ADDRESSES: Submit your comments, 

referencing Docket ID Number EPA– 

HQ–OAR–2021–0087, online using 

www.regulations.gov (our preferred 

method) or by mail to: EPA Docket 

Center, Environmental Protection 

Agency, Mail Code 2821T, 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. 

Submit written comments and 

recommendations to OMB for the 

proposed information collection within 

30 days of publication of this notice to 

www.reginfo.gov/public/do/PRAMain. 

Find this particular information 

collection by selecting ‘‘Currently under 

30-day Review—Open for Public 

Comments’’ or by using the search 

function. 

FOR FURTHER INFORMATION CONTACT: 

Muntasir Ali, Sector Policies and 

Program Division (D243–05), Office of 

Air Quality Planning and Standards, 

U.S. Environmental Protection Agency, 

Research Triangle Park, North Carolina, 

27711; telephone number: (919) 541– 

0833; email address: ali.muntasir@

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 https://

www.regulations.gov, or in person at the 

EPA Docket Center, WJC West Building, 

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. 

Abstract: The National Emission 

Standards for Hazardous Air Pollutants 

(NESHAP) for Benzene Waste 

Operations (40 CFR part 61, subpart FF) 

apply to existing facilities and new 

facilities that generate waste containing 

benzene, such as chemical 

manufacturing plants, coke by-product 

recovery plants, petroleum refineries, 

and those owners and operators of 

hazardous waste treatment, storage, and 

disposal facilities (TSDF) that receive 

wastes from the above facilities. In 

general, all NESHAP standards require 

initial notifications, performance tests, 

and periodic reports by the owners/ 

operators of the affected facilities. They 

are also required to maintain records of 

the occurrence and duration of any 

startup, shutdown, or malfunction in 

the operation of an affected facility, or 

any period during which the monitoring 

system is inoperative. These 

notifications, reports, and records are 

essential in determining compliance 

with 40 CFR part 61, subpart FF. 

Form Numbers: None. 

Respondents/affected entities: 

Owners and operators of benzene waste 

facilities. 

Respondent’s obligation to respond: 

Mandatory (40 CFR part 61, subpart FF). 

Estimated number of respondents: 

270 (total). 

Frequency of response: Quarterly and 

annually. 

Total estimated burden: 19,500 hours 

(per year). Burden is defined at 5 CFR 

1320.3(b). 

Total estimated cost: $2,310,000 (per 

year), which includes $0 in annualized 

capital/startup and/or operation & 

maintenance costs. 

Changes in the Estimates: There is no 

change in burden from the mostrecently approved ICR as currently 

identified in the OMB Inventory of 

Approved Burdens. This situation is 

due to two considerations: (1) The 

regulations have not changed over the 

past three years and are not anticipated 

to change over the next three years; and 

(2) based on a review of EPA’s Toxics 

Release Inventory that supports the 

existing estimated number of 

respondents, the growth rate for this 

industry is very low or non-existent. 

Since there are no changes in the 

regulatory requirements and there is no 

significant industry growth, there is no 

significant change in the overall burden 

and there are also no changes in the 

capital/startup and/or operation and 

maintenance (O&M) costs. There is a 

slight increase in costs, which is wholly 

due to the use of updated labor rates. 

This ICR uses labor rates from the mostrecent Bureau of Labor Statistics report 

(September 2020) to calculate 

respondent burden costs. 

Courtney Kerwin, 

Director, Regulatory Support Division. 

[FR Doc. 2022–06759 Filed 3–30–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9467–01–R2] 

Notice of Availability of Draft NPDES 

General Permit for Small Municipal 

Separate Storm Sewer Systems in the 

Commonwealth of Puerto Rico and 

Federal Facilities Within the 

Commonwealth of Puerto Rico 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of draft NPDES general 

permit. 

SUMMARY: The Director of the Caribbean 

Environmental Protection Division 

(CEPD), Environmental Protection 

Agency—Region 2 (EPA), is issuing this 

Notice of a Draft National Pollutant 

Discharge Elimination System (NPDES) 

general permit, PRR040000/PRR04000F, 

for discharges from small municipal 

separate storm sewer systems (small 

MS4s) from urbanized areas within the 

Commonwealth of Puerto Rico to waters 

of the United States. This draft NPDES 

general permit establishes Notice of 

Intent (NOI) requirements, standards, 

prohibitions and management practices 

for discharges of stormwater from small 

MS4 urbanized areas. A prior Notice of 

Availability of a draft general permit 

was issued by EPA on June 11, 2014. 

EPA has substantially modified the draft 


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18790 Federal Register / Vol. 87, No. 62 / Thursday, March 31, 2022 / Notices 

general permit and is issuing a new 

draft general permit. 

DATES: Public comments must be 

received on or before May 16, 2022. 

Within the comment period, interested 

persons may request a public hearing, 

pursuant to 40 CFR part 124, concerning 

the proposed draft permit. Requests for 

a public hearing must be sent or 

delivered in writing to the same 

address, as provided below, for public 

comments prior to the close of the 

comment period. Requests for a public 

hearing must state the nature of the 

issues proposed to be raised in the 

hearing. Pursuant to 40 CFR part 124, 

EPA shall hold a public hearing if it 

finds, on the basis of the requests, a 

significant degree of public interest on 

the proposed draft permit. If EPA 

decides to hold a public hearing, a 

public notice of the date, time and place 

of the hearing will be made at least 30 

days prior to the hearing. 

ADDRESSES: Submit your comments by 

one of the following methods: 

1. Mail: Multimedia Permits and 

Compliance Branch, U.S. EPA Region 2, 

City View Plaza II, Suite 7000, 48 Road 

165 Km 1.2, Guaynabo, Puerto Rico 

00968–8069. 

2. Email: Bosques.Sergio@epa.gov. 

The draft permit is based on an 

administrative record available for 

public review at EPA, Region 2, 

Caribbean Environmental Protection 

Division, City View Plaza II, Suite 7000, 

48 Road 165 Km 1.2, Guaynabo, Puerto 

Rico 00968–8069. A reasonable fee may 

be charged for copying requests. 

However, the draft general permit and 

fact sheet are available at EPA’s website: 

https://www.epa.gov/npdes-permits/ 

npdes-permits-phase-2-stormwaterprogram-puerto-rico. 

FOR FURTHER INFORMATION CONTACT: 

Additional information concerning the 

draft permit may be obtained between 

the hours of 8:30 a.m. and 4:30 p.m. 

Monday through Friday excluding 

holidays from: Sergio Bosques, 

Caribbean Environmental Protection 

Division, U.S. EPA, Region 2, City View 

Plaza II, Suite 7000, 48 Road 165 Km 

1.2, Guaynabo, Puerto Rico 00968–8069; 

telephones: 787–977–5838 or 787–977– 

5870; or by email: Bosques.Sergio@

epa.gov. EPA encourages virtual 

communication as access to the office is 

limited at this time. 

SUPPLEMENTARY INFORMATION: EPA is 

proposing to issue the draft NPDES 

general permit for the discharge of 

stormwater from small MS4s to waters 

within the Commonwealth of Puerto 

Rico. The permit describes three distinct 

small MS4s, which include the 

conventional cities and towns; NonConventional state, federal and other 

publicly-owned systems; and NonConventional transportation systems. 

The conditions in the draft permit are 

established pursuant to Clean Water Act 

(CWA) Section 402(p)(3)(B)(iii) to 

ensure that pollutant discharges from 

small MS4s are reduced to the 

maximum extent practicable (MEP), 

protect water quality, and satisfy the 

appropriate water quality requirements 

of the CWA. The term small municipal 

separate storm sewer system is available 

in 40 CFR 122.26(b). In addition, this 

term also includes systems similar to 

separate storm sewer systems and flood 

management conveyances in 

municipalities such as military bases, 

large hospital or prison complexes, 

highways, flood control pump stations, 

and other thoroughfares. The term does 

not include separate storm sewers in 

very discrete areas, such as individual 

buildings. For example, an armory 

located in an urbanized area would not 

be considered a regulated small MS4. 

The draft general permit sets forth the 

requirements for the small MS4 to 

‘‘reduce the discharge of pollutants to 

the maximum extent practicable, 

including management practices, 

control techniques, and system, design 

and engineering methods.’’ (See CWA 

section 402(p)(3)(B)(iii)). MEP is the 

statutory standard that establishes the 

level of pollutant reductions that MS4 

operators must achieve. EPA believes 

that the implementation of best 

management practices (BMPs), designed 

to control storm water runoff from the 

MS4, is, generally, the most appropriate 

approach for reducing pollutants to 

satisfy the MEP standard. Pursuant to 40 

CFR. 122.44(k), the draft permit 

contains BMPs, including development 

and implementation of a comprehensive 

stormwater management program 

(SWMP), as the mechanism to achieve 

the required pollutant reductions. 

Section 402(p)(3)(B)(iii) of the CWA 

also authorizes EPA to include in an 

MS4 permit ‘‘such other provisions as 

[EPA] . . . determines appropriate for 

control of . . . pollutants.’’ This 

provision forms a basis for imposing 

water quality-based effluent limitations 

(WQBELs), consistent with the authority 

in Section 301(b)(1)(C) of the CWA. See 

Defenders of Wildlife v. Browner, 191 

F.3d 1159, 1166–67 (9th Cir. 1999); 64 

FR. 68722, 68753, 68788 (Dec. 8, 1999). 

Accordingly, the draft permit contains 

the WQBELs, expressed in terms of 

BMPs, which EPA has determined are 

necessary and appropriate under the 

CWA.EPA issued a final general permit 

to address stormwater discharges from 

small MS4s on June 13, 2016. The 2016 

general permit required small MS4s to 

develop and implement a SWMP 

designed to control pollutants to the 

maximum extent practicable and protect 

water quality. This draft permit 

continues to build on the requirements 

of the 2016 general permit. 

EPA views the MEP standard in the 

CWA as an iterative process. MEP 

should continually adapt to current 

conditions of the MS4, and BMP 

effectiveness. Compliance with the 

requirements of this general permit will 

meet the MEP standard. The iterative 

process of MEP consists of a 

municipality developing a program 

consistent with specific permit 

requirements, implementing the 

program, evaluating the effectiveness of 

the BMPs included as part of the 

program, then revising those parts of the 

program that are not effective at 

controlling pollutants, then 

implementing the revisions, and 

evaluating again. The changes contained 

in the draft general permit reflect the 

iterative process of MEP. Accordingly, 

the draft general permit contains similar 

tasks and details of the 2016 general 

permit. 

EPA has provided, in the draft general 

permit fact sheet, a summary of the 

permit conditions. The draft general 

permit and fact sheet are available at 

EPA’s website: https://www.epa.gov/ 

npdes-permits/npdes-permits-phase-2- 

stormwater-program-puerto-rico. 

Other Legal Requirements 

A. Endangered Species Act (ESA) 

The provisions related to the ESA 

have been continued from those in the 

2016 general permit. EPA will be 

requesting concurrence from the 

appropriate Federal services (U.S. Fish 

and Wildlife Service and National 

Marine Fisheries Service) in connection 

with the 2021 draft and has renewed 

this request for the proposed draft 

general permit. 

B. Executive Order 12866 

EPA has determined that this draft 

general permit is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 and is therefore 

not subject to the Office of Management 

and Budget (OMB) review. 

C. Paperwork Reduction Act 

The information collection 

requirements of this permit were 

previously approved by OMB under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq., and assigned 

OMB control number 2040–0004. 

D. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA), 

5 U.S.C. 601 et seq., requires that EPA 


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Federal Register / Vol. 87, No. 62 / Thursday, March 31, 2022 / Notices 18791 

prepare a regulatory flexibility analysis 

for rules subject to the requirements of 

5 U.S.C. 553(b) that have a significant 

impact on a substantial number of small 

entities. However, general NPDES 

permits are not ‘‘rules’’ subject to the 

requirements of 5 U.S.C. 553(b), and are 

therefore not subject to the RFA. 

E. Unfunded Mandates Reform Act 

Section 201 of the Unfunded 

Mandates Reform Act (UMRA), Public 

Law 104–4, generally requires federal 

agencies to assess the effects of their 

‘‘regulatory actions’’ (defined to be the 

same as ‘‘rules’’ subject to the RFA) on 

tribal, state and local governments and 

the private sector. However, general 

NPDES permits are not ‘‘rules’’ subject 

to the requirements of 5 U.S.C. 553(b) 

and, are, therefore, not subject to the 

RFA or the UMRA. 

Authority: This action is being taken 

under the Clean Water Act, 33 U.S.C. 

1251 et seq. 

Carmen R. Guerrero-Pe ́rez, 

Director, Caribbean Environmental Protection 

Division. 

[FR Doc. 2022–06656 Filed 3–30–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPPT–2022–0116; FRL–9412–01– 

OCSPP] 

Certain New Chemicals or Significant 

New Uses; Statements of Findings for 

January 2022 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Toxic Substances Control 

Act (TSCA) requires EPA to publish in 

the Federal Register a statement of its 

findings after its review of certain TSCA 

notices when EPA makes a finding that 

a new chemical substance or significant 

new use is not likely to present an 

unreasonable risk of injury to health or 

the environment. Such statements apply 

to premanufacture notices (PMNs), 

microbial commercial activity notices 

(MCANs), and significant new use 

notices (SNUNs) submitted to EPA 

under TSCA. This document presents 

statements of findings made by EPA on 

such submissions during the period 

from January 1, 2022 to January 31, 

2022. 

FOR FURTHER INFORMATION CONTACT: For 

technical information contact. Rebecca 

Edelstein, Chemical Control Division 

(7405M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460–0001; telephone 

number: 202–564–1667 email address: 

Edelstein.rebecca@epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; email address: TSCA-Hotline@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

This action is directed to the public 

in general. As such, the Agency has not 

attempted to describe the specific 

entities that this action may apply to. 

Although others may be affected, this 

action applies directly to the submitters 

of the PMNs addressed in this action. 

B. How can I get copies of this document 

and other related information? 

The docket for this action, identified 

by docket identification (ID) number 

EPA–HQ–OPPT–2022–0116, is available 

at https://www.regulations.gov or at the 

Office of Pollution Prevention and 

Toxics Docket (OPPT Docket), 

Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW, Washington, DC. 

The 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 Public 

Reading Room is (202) 566–1744, and 

the telephone number for the OPPT 

Docket is (202) 566–0280. 

Due to the public health concerns 

related to COVID–19, the EPA Docket 

Center (EPA/DC) and Reading Room is 

open to visitors by appointment only. 

For the latest status information on 

EPA/DC services and docket access, 

visit https://www.epa.gov/dockets. 

II. What action is the Agency taking? 

This document lists the statements of 

findings made by EPA after review of 

notices submitted under TSCA section 

5(a) that certain new chemical 

substances or significant new uses are 

not likely to present an unreasonable 

risk of injury to health or the 

environment. This document presents 

statements of findings made by EPA 

during the period from January 1, 2022 

to January 31, 2022. 

III. What is the Agency’s authority for 

taking this action? 

TSCA section 5(a)(3) requires EPA to 

review a TSCA section 5(a) notice and 

make one of the following specific 

findings: 

• The chemical substance or 

significant new use presents an 

unreasonable risk of injury to health or 

the environment; 

• The information available to EPA is 

insufficient to permit a reasoned 

evaluation of the health and 

environmental effects of the chemical 

substance or significant new use; 

• The information available to EPA is 

insufficient to permit a reasoned 

evaluation of the health and 

environmental effects and the chemical 

substance or significant new use may 

present an unreasonable risk of injury to 

health or the environment; 

• The chemical substance is or will 

be produced in substantial quantities, 

and such substance either enters or may 

reasonably be anticipated to enter the 

environment in substantial quantities or 

there is or may be significant or 

substantial human exposure to the 

substance; or 

• The chemical substance or 

significant new use is not likely to 

present an unreasonable risk of injury to 

health or the environment. 

Unreasonable risk findings must be 

made without consideration of costs or 

other non-risk factors, including an 

unreasonable risk to a potentially 

exposed or susceptible subpopulation 

identified as relevant under the 

conditions of use. The term ‘‘conditions 

of use’’ is defined in TSCA section 3 to 

mean ‘‘the circumstances, as determined 

by the Administrator, under which a 

chemical substance is intended, known, 

or reasonably foreseen to be 

manufactured, processed, distributed in 

commerce, used, or disposed of.’’ 

EPA is required under TSCA section 

5(g) to publish in the Federal Register 

a statement of its findings after its 

review of a TSCA section 5(a) notice 

when EPA makes a finding that a new 

chemical substance or significant new 

use is not likely to present an 

unreasonable risk of injury to health or 

the environment. Such statements apply 

to PMNs, MCANs, and SNUNs 

submitted to EPA under TSCA section 

5. 

Anyone who plans to manufacture 

(which includes import) a new chemical 

substance for a non-exempt commercial 

purpose and any manufacturer or 

processor wishing to engage in a use of 

a chemical substance designated by EPA 

as a significant new use must submit a 

notice to EPA at least 90 days before 

commencing manufacture of the new 

chemical substance or before engaging 

in the significant new use. 

The submitter of a notice to EPA for 

which EPA has made a finding of ‘‘not 

likely to present an unreasonable risk of 

injury to health or the environment’’ 


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