Federal Register / Vol. 75, No. 187 / Tuesday, September 28, 2010 / Notices 59711 

responses. Respondents are asked to 

complete simple forms from available 

information and no request is made to 

create or develop emission estimates 

from information in the literature. 

Information is requested from 

approximately 1,000 aerospace 

manufacturing and rework facilities on 

general facility information, coatings 

and spray booth information, other 

process information (e.g., storage tanks, 

composite processing, etc.), emission 

control devices used at the facilities and 

their basic design and operating 

features, quantity of air emissions, 

pollution prevention programs at each 

facility, and information regarding 

startup and shutdown events. This 

information is necessary for EPA to 

adequately characterize residual risk at 

these facilities, to characterize 

emissions and control measures for 

operations not currently regulated, and 

to develop standards for new and 

existing aerospace facilities under 

section 112 of the Clean Air Act (CAA), 

if appropriate. The information will be 

collected from the electronic completion 

of simple forms, which will be compiled 

to develop a computer database. 

The EPA is charged under section 112 

of the CAA with developing national 

emission standards for 189 listed 

hazardous air pollutants (HAP). The 

Aerospace Manufacturing and Rework 

Facilities Maximum Achievable Control 

Technology (Aerospace MACT) 

standard (40 CFR 63, subpart GG), is a 

national emission standard for HAP 

developed under the authority of 

section 112(d) of the CAA. EPA is 

required to review each MACT standard 

and to revise them ‘‘as necessary (taking 

into account developments in practices, 

processes and control technologies)’’ no 

less frequently than every eight years. 

These reviews are commonly referred to 

as ‘‘technology reviews.’’ In addition, 

EPA is required to assess the risk 

remaining (residual risk) after 

implementation of each MACT standard 

and promulgate more stringent 

standards if they are necessary to 

protect public health. Under EPA’s 

residual risk and technology review 

(RTR) program, EPA is addressing these 

two requirements concurrently. EPA is 

updating the information they currently 

possess and filling identified data gaps 

in that information in order to provide 

a thorough basis for the RTR efforts. The 

data collection effort will gather 

additional information to allow 

comprehensive and technically sound 

analyses that will form the basis for 

future rulemaking decisions. Responses 

to the ICR are mandatory under the 

authority of section 114 of the CAA. 

Burden Statement: The one-time 

public reporting burden for this 

collection of information is estimated to 

average 228 hours per response. 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 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. 

Respondents/Affected Entities: 

Owners or operators of existing 

aerospace manufacturing and rework 

facilities. 

Estimated Number of Respondents: 

1,000. 

Frequency of Response: Once. 

Estimated Total Annual Hour Burden: 

227,700. 

Estimated Total Annual Cost: 

$10,965,834 in labor costs and no 

annualized capital or O&M costs. 

Changes in the Estimates: This is a 

new collection. 

Dated: September 22, 2010. 

John Moses, 

Director, Collection Strategies Division. 

[FR Doc. 2010–24291 Filed 9–27–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–R06–OAR–2010–0510; FRL–9207–4] 

Audit Program for Texas Flexible 

Permit Holders 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final Notice of Clean Air Act 

(CAA) voluntary audit compliance 

program for flexible permit holders in 

the State of Texas (hereinafter ‘‘Audit 

Program’’); response to public 

comments. 

SUMMARY: EPA is offering holders of 

Texas flexible air permits an 

opportunity to participate in a voluntary 

Audit Program that is intended to 

expeditiously identify the federallyenforceable CAA unit specific emission 

limitations, operating parameter 

requirements, and monitoring, 

reporting, and recordkeeping (MRR) 

requirements for determining 

compliance for all units covered by a 

facility’s flexible permit. EPA believes 

that the program will generate 

environmental benefits for the public in 

Texas as well as a measure of regulatory 

stability for holders of Texas flexible 

permits. This Final Notice makes 

modifications to the Audit Program 

based on comments received during the 

public comment period. A separate 

document contains the Agency’s 

Response to Comments (RTC). 

DATES: Executed Audit Agreements may 

be submitted no later than December 27, 

2010. Participants who execute an Audit 

Agreement by November 12, 2010 will 

receive a waiver of the gravity 

component of any penalties resulting 

from noncompliance uncovered by the 

Audit. 

ADDRESSES:

Docket: EPA has established a docket 

for this action under Docket 

Identification No. EPA–R06–OAR– 

2010–0510. All documents in the docket 

are listed in the http:// 

www.regulations.gov index. 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, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically at http:// 

www.regulations.gov or in hard copy at 

the Air Enforcement Section (6EN–AA), 

Environmental Protection Agency, 

Region 6, 1445 Ross Avenue, Suite 700, 

Dallas, Texas 75202–2733. The file will 

be made available by appointment for 

public inspection in the Region 6 FOIA 

Review Room between the hours of 8:30 

a.m. and 4:30 p.m. weekdays except for 

legal holidays. Contact the person listed 

in the paragraph below to make an 

appointment. If possible, please make 

the appointment at least two working 

days in advance of your visit. There will 

be a 15 cent per page fee for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area at 1445 Ross 

Avenue, Suite 700, Dallas, Texas, 

75202–2733. 

FOR FURTHER INFORMATION CONTACT: To 

submit executed Audit Agreements or 

for more information on the Audit 

Program for Texas flexible permit 

holders, please contact Mr. John Jones, 

Air Enforcement Section (6EN–AA), 

Environmental Protection Agency, 

Region 6, 1445 Ross Avenue, Suite 700, 

Dallas, Texas 75202–2733, telephone 


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(214) 665–7233; fax number (214) 665– 

3177; e-mail address, jones.johnl@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Audit Program for Texas Flexible 

Permit Holders 

Audit Program Overview 

Texas flexible permits are not part of 

the federally—approved State 

Implementation Plan (‘‘SIP’’), and thus, 

only contain applicable state permit 

requirements. Flexible permits are not 

the appropriate mechanisms for 

embodying federal requirements, and 

are not independently federallyenforceable. On September 25, 2007, 

EPA sent notice letters to all facilities 

that were issued a flexible permit 

informing them that flexible permits 

were pertinent only to Texas State air 

permit requirements and that facilities 

were ‘‘obligated to comply with the 

federal requirements applicable to 

(their) plant, in addition to any 

particular requirements of (their) 

flexible permit.’’ Moreover, on 

September 23, 2009, EPA proposed the 

disapproval of the Texas flexible permit 

program as an amendment to the Texas 

SIP because it does not meet federal 

Nonattainment New Source Review or 

Prevention of Significant Deterioration 

(hereafter collectively referred to as 

‘‘NSR’’) requirements (74 FR 48480). 

EPA followed that proposal with several 

objections to Title V permits that relied 

on flexible permits to encompass federal 

NSR requirements because the terms of 

the Texas flexible permit are not 

incorporated into the federally— 

approved Texas SIP. EPA finalized 

disapproval of the Texas flexible permit 

program on July 15, 2010 (75 FR 41312). 

EPA is proposing the Audit Program 

as a mechanism for Texas Flexible 

Permit holders to transition these 

permits into SIP approved NSR permits. 

Under the Audit Program, participants 

would need to commission a 

comprehensive third-party Audit to 

determine all federally-applicable unitspecific limitations and requirements 

and to evaluate the federal CAA 

compliance status of emission units 

covered under the facility’s Texas 

flexible permit. The terms and process 

of the Audit would be set forth in an 

agreement executed by EPA and 

participants. 

Under the agreement, the third-party 

auditor would identify for each 

emission unit regulated under the 

source’s flexible permit, all current 

federally—applicable CAA 

requirements, including: (1) Emission 

limitations/standards; (2) operational 

limitations/special conditions; (3) 

monitoring, recordkeeping, and 

reporting (MRR) requirements; and (4) 

specific references for all federal 

requirements identified (e.g., permit 

number, specific Maximum Achievable 

Control Technology, State 

Implementation Plan citation). The 

auditor will also need to review and 

assess the adequacy of the MRR 

requirements in current permits to 

evaluate whether MRR is sufficient to 

demonstrate compliance with all 

federally applicable emissions 

limitations and federal standards. 

Where deficiencies exist, the auditor 

will provide recommendations for more 

effective or supplemental MRR 

requirements. 

To the extent that it is determined 

that a source is not in compliance with 

NSR requirements with respect to a 

particular emission unit, the agreement 

provides that the auditor will include an 

evaluation of the current (2010) Lowest 

Achievable Emissions Rate or Best 

Available Control Technology 

(hereinafter collectively referred to as 

‘‘LAER/BACT’’) for that emissions unit 

and will recommend an applicable 

LAER/BACT limit for that emissions 

unit. Identification of non-compliance 

with NSR requirements through the 

Audit Program may require further 

discussion with EPA regarding a path 

forward for bringing that emission unit 

into permanent, consistent compliance 

with the CAA. 

As set forth in the agreement, the 

third party auditor will perform a yearby-year examination of operational and 

permitting history of those emission 

units under the flexible permit. The 

primary deliverable from the third-party 

Audit will be a detailed Audit Report 

that describes the audit process and its 

conclusions, including clearly organized 

summary tables of all applicable CAA 

requirements for each emissions unit 

that will provide the basis for necessary 

permitting revisions by the Texas 

Commission on Environmental Quality 

(TCEQ). In addition to identifying all 

applicable unit specific emission 

limitations, special conditions, 

operating parameters, and MRR 

requirements, the auditor will also 

evaluate the CAA compliance status of 

the emissions units included under the 

Texas flexible permit. 

The agreement provides that the 

Audit Participant will then have an 

opportunity to comment on the results 

of the third-party Audit, and to propose 

to EPA alternative emission unit 

requirements. The parties may elect to 

negotiate emission unit requirements in 

the post-audit period. 

Finally, under the agreement, any 

emission unit requirements agreed upon 

during the post-audit negotiation with 

EPA, would be memorialized in a 

Consent Agreement and Final Order 

(‘‘CAFO’’) with EPA. The CAFO would 

set forth the agreed upon emission unit 

requirements and would require their 

inclusion in an amended Title V permit 

and appropriate federally-enforceable 

permits (e.g., NSR, Texas SIP permits). 

As part of this voluntary program, the 

Audit Participant will also agree to work 

with its surrounding community to 

develop Community Project(s) focused 

on improving, protecting, mitigating, 

and/or reducing community risks to 

public health or the environment. The 

nature and valuation of Community 

Projects will be based upon the outcome 

of the Audit and will be finalized during 

post-audit negotiations with EPA. The 

details of the Community Projects will 

be fully described in the CAFO 

memorializing the results of the Audit. 

EPA is offering this program under its 

discretionary CAA enforcement 

authority and participation in the Audit 

Program is purely voluntary. However, 

interested parties are required to submit 

an executed Audit Agreement to apply 

for this program. Participants choosing 

to enroll in the Audit Program will be 

required to meet the specific 

requirements of the third-party Audit 

set forth in this Notice and 

memorialized in an Audit Agreement 

signed by the Audit Participant and 

EPA. It is important to emphasize that 

although participation in this Audit 

Program is voluntary, participants who 

successfully complete the program and 

successfully resolve any noncompliance of specific alleged 

violations will receive appropriate 

covenants and releases as part of that 

non-compliance resolution. Merely 

conducting an Audit does not release a 

participant from potential liability. 

EPA’s Audit Policy, ‘‘Incentives for 

Self Policing: Discovery, Disclosure, 

Correction and Prevention of 

Violations,’’ 65 FR 19,618 (April 11, 

2000) recognizes the critical role of 

environmental auditing in protecting 

human health and the environment by 

identifying, correcting, and ultimately 

preventing violations of environmental 

laws, particularly by responsible 

corporate citizens. This Audit Program 

reflects the purpose and incentives of 

EPA’s Audit Policy, and participants 

who execute an Audit Agreement by 

November 12, 2010 will receive a 

waiver of the gravity component of any 

penalties resulting from noncompliance 

uncovered by the Audit; provided such 

noncompliance is successfully resolved 

through a Consent Agreement and Final 

Order (CAFO) under this audit process. 

EPA reserves the right to collect any 


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economic benefit that may have been 

realized as a result of noncompliance. 

Persons who have not secured 

independently federally-enforceable 

construction and/or operating permits 

for all CAA applicable requirements, 

through participation in this program or 

through other appropriate mechanisms, 

may be the subject of federal 

enforcement action. Nothing in this 

notice should be read to preclude EPA 

from taking enforcement action where it 

determines such action is appropriate to 

address non-compliance. 

Texas Flexible Permit Program History 

In the period from 1996 through 2002, 

the State of Texas proposed a series of 

modifications to its Federal CAA SIP 

intended to make its flexible permit 

program part of the SIP. The flexible 

permit program, currently codified at 30 

TAC 116.710, allows groups of emission 

sources to be clustered together and 

issued permit limitations as if they were 

a single emission source. 

EPA has never approved the Texas 

flexible permit program for inclusion in 

the SIP. On September 25, 2007, EPA 

issued a letter to all flexible permit 

holders making the following points: 

• Permits issued under the Texas 

flexible permit rules reflect Texas state 

requirements and not necessarily the 

federally-applicable requirements. 

• Texas flexible permit holders are 

obligated to comply with the applicable 

federal requirements (e.g., New Source 

Performance Standards (NSPS), 

National Emission Standards for 

Hazardous Air Pollutants (NESHAP), 

Prevention of Significant Deterioration 

(PSD), and Non-attainment New Source 

Review (NNSR), terms and conditions of 

permits approved under the federallyapproved Texas SIP). 

• EPA would consider enforcement 

against sources for failure to comply 

with applicable federal requirements on 

a case-by-case basis, including against 

emission sources that were modified or 

constructed without the issuance of a 

federally-enforceable permit. 

EPA could initiate enforcement 

proceedings against these sources on a 

case-by case basis, However, such an 

enforcement undertaking on a case-by 

case basis is not an efficient approach to 

improving air quality and achieving 

compliance with the CAA. Therefore, 

EPA is exercising its discretion to allow 

holders of flexible permits to participate 

in this voluntary Audit Program as a 

mechanism to proactively address the 

status of emission units operating under 

the Texas flexible permit program. 

Audit Program Implementation 

Any facility that chooses to 

participate in the voluntary Audit 

Program will conduct an independent 

third-party audit of all emission units 

covered by the source’s Texas flexible 

permit to identify/reinstate all of an 

emission unit’s federally-applicable 

requirements, and to identify each 

emission unit’s CAA compliance status 

as discussed under the Audit Program 

Overview. A final CAFO will require 

that the facility submit applications for 

Title V and appropriate federallyenforceable permits to the State of Texas 

in order to memorialize the 

requirements identified by the audit 

process for each emission unit. 

The Audit Program shall be 

implemented in the following steps: 

1. Submittal of an executed Audit 

Agreement by the Audit Participant. 

This agreement will memorialize the 

specific requirements of the 

independent third-party audit, as well 

as the company’s commitment to work 

with its community to develop a 

Community Project(s). EPA will have 15 

days to object to the third-party auditor 

selected by an Audit Participant. Any 

EPA objections shall be based on 

concerns regarding the independence of 

the auditor. Executed Audit Agreements 

under the Audit Program must be 

postmarked no later than 90 days after 

the date of publication in the Federal 

Register. 

2. Completion of Audit Report. No 

later than 160 days, or a timeframe 

agreed upon by EPA, after the date that 

the Director of the Compliance 

Assurance and Enforcement Division of 

EPA Region 6 signs the Audit 

Agreement, the independent ThirdParty Auditor shall submit an Audit 

Report to the Audit Participant and 

EPA. This report will include a table 

containing all of the applicable emission 

unit requirements for each unit covered 

by the Audit Participant’s Texas flexible 

permit as well as an analysis of the CAA 

compliance status for each emissions 

unit. The Audit Report will include an 

examination of the operational and 

permitting history of process units 

covered by the flexible permit, and 

those affected by the flexible permit 

(i.e., in netting calculations). For the 

purpose of providing transparency to 

the community on the audit process, the 

Auditor will work with the Audit 

Participant to prepare a version of the 

Audit Report with any confidential 

business information removed. The nonconfidential business information 

versions of the Audit Report will be 

made available to the public by EPA. 

3. Audit Participant’s comments 

regarding the Audit Report. No later 

than 90 days from the completion of the 

Audit Report, the Audit Participant 

shall submit its comments, if any, 

regarding the Audit Report to EPA. The 

Audit Participant may specifically 

address its concerns regarding the CAA 

compliance determinations and the 

emission unit requirements identified in 

the Audit Report. For purposes of 

providing transparency to the 

community on the audit process, the 

Audit Participant will also prepare a 

version of the comments on the Audit 

Report with any CBI removed. The 

Audit Participant’s comments regarding 

the Audit Report will be made available 

to the public by EPA. 

4. Audit Participant and community 

development of significant Community 

Project(s). After the completion of the 

Audit, the Audit Participant shall work 

with the community surrounding the 

facility to develop community 

project(s). Within 90 days after 

completion of the Audit Report, the 

Audit Participant will submit to EPA a 

final Community Project proposal for 

approval. The Community Project 

proposal shall include a detailed 

description of the project(s) and a 

schedule for project(s) implementation 

(projects must be completed within one 

year of the CAFO date), a clear 

discussion of air nexus, and a 

discussion of the community 

involvement and outreach conducted as 

the project was developed. The Audit 

Participant’s Community Project 

proposal will be made available to the 

public for review. 

5. Resolution of NSR non-compliance. 

One of the major objectives of the thirdparty auditor will be the evaluation of 

the permitting history and operational 

changes and modifications made during 

the period of the Texas flexible permit 

for compliance with applicable Federal 

NSR requirements. Identification of 

non-compliance with the NSR program 

may require the installation of LAER/ 

BACT and will require further 

discussion with EPA regarding a path 

forward for bringing non-compliant 

emission units into permanent, 

consistent compliance. As previously 

discussed, EPA has elected to waive the 

gravity portion of any penalties 

resulting from noncompliance identified 

through the Audit for those Audit 

Participants that proactively initiate an 

Audit Agreement within 45 days of 

Final Audit FRN publication. In 

addition, any final CAFO will provide a 

release and covenant not to sue for the 

violations alleged. 

6. Filing of a Consent Agreement and 

Final Order (CAFO) with the Region 6 


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Judicial Officer. The CAFO would set 

forth the Audit Participant’s obligation 

to comply with the requirements of the 

attached CAFO Compliance Plan and 

Schedule and commitment to seek the 

inclusion of agreed upon emission unit 

requirements in its Title V permit and 

appropriate federally-enforceable 

permits. No later than 30-days after the 

effective date of the CAFO, the Audit 

Participant will apply to the appropriate 

permitting authority for a modification 

of its existing Title V permit to include 

emission unit requirements (as defined 

in the model below), a compliance plan, 

and, if warranted, a compliance 

schedule as outlined in 30 TAC 122 

§ 132(e)(4) and 40 CFR 70.5(c)(8). In 

addition, the Audit Participant shall 

apply for modifications or for new 

permits memorializing the emission 

unit requirements set forth in the CAFO. 

The CAFO must address all emission 

units under the flexible permit. EPA 

will not negotiate settlements where 

certain emission units are excluded 

from the settlement discussions. A 

source will receive a covenant-not-tosue and release regarding civil liability 

for possible past violations of the CAA 

addressed in this CAFO provided that 

CAA compliant emission unit specific 

requirements are incorporated into a 

federally-enforceable permit. 

The proposed CAFO shall be made 

available for public comment for a 

period of 30 days. EPA will consider 

any public comments, and as 

appropriate, seek to work with the 

Audit Participant to revise the CAFO 

based on such public comments. After 

the end of the CAFO public comment 

period and after any revisions are made, 

EPA will seek finalization of the CAFO 

by the Region 6 Judicial Officer. The 

Agency reserves its right to modify the 

CAFO. The offering of the CAFO for 

public comment does not explicitly 

create an obligation for EPA response or 

inclusion of such comments in the final 

CAFO or elsewhere, nor does this create 

any rights for public objection to the 

final CAFO. 

The text of the Audit Agreement is 

available for download in either a Word 

version file or as a portable document 

format (pdf) file at http:// 

www.regulations.gov. Unless explicitly 

indicated, the text of the Audit 

Agreement is not subject to negotiation. 

Entities wishing to participate shall 

submit: an executed copy of the Audit 

Agreement with specific site details 

filled into the provided blanks; a list of 

emission units covered under its Texas 

flexible permit; a copy of its current 

Texas flexible permit, and all permits or 

other authorizations that applied to the 

facility prior to the issuance of the 

Texas flexible permit. 

Conclusion: The above represents a 

short summary of the Audit Program. 

The Texas Flexible Permit Audit 

Agreement is available in the public 

docket for this notice at http:// 

www.regulations.gov, and represents the 

full requirements of the program. In 

addition, EPA has provided a Model 

CAFO for Audit Participants in the 

docket at http://www.regulations.gov. 

EPA is proposing the Audit Program 

to ensure that Texas flexible permit 

holders have a path forward to secure 

compliance with the requirements of the 

CAA. As EPA has stated that Texas 

flexible permits are not independently 

federally-enforceable permits, industry 

representatives have expressed concern 

regarding the legal ramifications of 

operating facilities and making changes 

at facilities that do not have 

independently federally-enforceable 

permits. Representatives of citizens 

living in areas near facilities regulated 

under flexible permits are concerned 

that in some instances flexible permits 

allow facilities to emit more harmful 

pollution than would be allowed under 

federal law. We believe the Audit 

Program has the potential to result in 

beneficial reductions in the levels of air 

pollutants being emitted by flexible 

permit holders as well as providing 

industry a legal framework for 

continuing operations until 

independently federally-enforceable 

permitting authorizations can be 

obtained. 

II. Response to Comments Received on 

EPA Audit Program for Flexible Permit 

Holders 

On June 17, 2010, EPA solicited 

comments on an audit program for 

Texas flexible permit holders (75 FR 

34445). The following are EPA’s 

responses to comments received during 

the comment period on EPA’s Audit 

Program for Flexible Permit Holders. 

EPA thanks those individuals for their 

comments and as indicated below, the 

Agency made several modifications to 

the Audit Program based upon these 

comments. As indicated in the Federal 

Register Notice, EPA has chosen to 

generally respond to comments 

received. 

A. Community Projects 

I. Community Projects as a Condition of 

the Audit 

We received numerous comments 

regarding the requirement to conduct a 

Community Project as part of the Audit 

Agreement. Commenters stated that by 

requiring a Community Project as a 

prerequisite to participation in the 

Audit Program, EPA was presuming 

noncompliance. 

In response to these comments, EPA 

clarified in the Audit Agreement that 

the condition regarding Community 

Project(s) would address the SIP and 

Title V violations identified in the 

attached model CAFO inherent to all 

flexible permit holders in addition to 

any other noncompliance issues 

identified by the audit. As a result, the 

agency believes that a commitment from 

the Audit Participants to conduct a 

Community Project is a critical element 

in addressing noncompliance in 

addition to proactively addressing 

community concerns regarding potential 

impacts from noncompliance. 

II. Community Project Upfront 

Valuation 

Several Commenters indicated that 

the Community Project valuation should 

not occur until after the Audit is 

completed. Additional comments 

received indicated that the large upfront 

expenditure for the Community Projects 

would have a ‘‘chilling effect’’ on 

voluntary participation in the Audit 

Program. 

EPA has addressed the concerns 

regarding the significant upfront costs 

regarding these projects by removing the 

upfront Community Project valuation 

and the Tiering table. EPA has elected 

to link the valuation of the Community 

Projects to the findings of the thirdparty Audit. Noncompliance identified 

by the Audit will result in Community 

Projects, injunctive relief and 

potentially civil penalties. As referenced 

in the Audit FRN, this Audit Program 

reflects the purpose and incentives of 

EPA’s Audit Policy, and participants 

who execute an Audit Agreement 

within 45 days of the Final Audit 

publication will receive a waiver of the 

gravity component of any penalties 

resulting from noncompliance 

uncovered by the Audit. 

III. Community Involvement 

A Commenter requested that the 

outreach regarding the Community 

Projects extend beyond the currently 

established groups and involve the 

impacted communities. The Commenter 

further requested that EPA take further 

steps to encourage meaningful 

participation from the community by 

providing notification to the community 

or establishing a Web site to identify 

those participating in the Audit 

Program. 

In response to these comments, EPA 

included language in the Audit 

Agreement specifying that outreach to 

the community to obtain input on 


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Community Projects should extend 

beyond any pre-established community 

advisory panels. 

EPA has also added language to the 

Audit Agreement committing the 

Agency to establish a Web site of all 

executed Audit Agreements. The 

Agreements will identify the points of 

contact for the company, and EPA 

encourages individuals with ideas 

specific to the Community Projects to 

submit them to the company 

representative for consideration. 

B. Tiering of Facilities 

I. Additional Clarification on Tiering 

Process 

EPA received numerous comments 

regarding the tiering process including 

numerous requests for clarification on 

how the facility tiers were established. 

As indicated above, EPA has elected 

to remove the Tiering table and upfront 

valuation for Community Projects and 

link the valuation of the Community 

Projects to the findings of the thirdparty Audit including the initial 

violations identified in the model 

CAFO. 

C. Third-Party Auditor 

I. Auditor Qualifications 

Several Commenters provided 

comments and recommendations 

regarding the qualifications and 

certifications of the third-party Auditor. 

In response to these comments, we 

made numerous changes to the Auditor 

qualifications to include flexibility with 

regard to the Auditor’s familiarity with 

the concepts of independence and 

professional care while conducting the 

Audit. Specifically, we added an 

additional certification option by the 

Board of Environmental Health & Safety 

Auditor Certifications (BEAC), along 

with the current ISO 19011 requirement. 

We also modified the certification 

condition that the Third-Party Audit 

results be certified by a professional 

engineer in the State of Texas. We 

modified the Audit Agreement to allow 

for additional flexibility by removing 

the condition that the professional 

engineer be certified in Texas and, in 

addition, we are allowing for a 

certification by a certified auditor. 

II. Auditor Guidance 

One Commenter requested that EPA 

provide specific direction to the ThirdParty Auditor regarding EPA’s policies 

and guidance related to RMRR—Routine 

Maintenance Documentation in Audit 

Report from EDF 

In response to this comment, EPA 

added additional language to the Audit 

Agreement specifying that in addition to 

applying the version of NSR regulations 

in the approved Texas SIP, the ThirdParty Auditor shall also perform their 

NSR analysis consistent with Agency 

principles formally identified in EPA 

NSR Guidance Documents. 

D. Audit Program 

I. Procedural Concerns 

A Commenter expressed procedural 

concerns with EPA’s process for taking 

comments on this voluntary approach as 

well as procedural concerns with the 

Audit Program. 

With this notice, EPA has proposed a 

voluntary path forward under its 

enforcement discretion that the agency 

would find acceptable toward 

settlement of violations associated with 

Texas Flexible Permits. This is a 

voluntary process, and does not replace 

or change any existing rules, 

regulations, or policies. Given the 

universe of permittees, EPA is 

attempting to provide upfront clarity on 

an acceptable enforcement path where 

the Agency would resolve existing or 

potential liability associated with 

flexible permits. EPA provided 

additional process by taking comments 

on the approach. All other options 

remain. This approach does not take the 

place of appropriate and required 

permitting. Obtaining an appropriate 

valid federal permit is a condition of 

such a settlement. While the auditor 

will make recommendations and control 

levels will be agreed to for a settlement, 

the Audit and CAFO are clear that these 

are minimum levels of control for 

settlement and do not prejudge what 

Lowest Achievable Emission Rate/Best 

Available Control Technology (LAER/ 

BACT) determinations are made by the 

permitting authority. All permitting 

requirements and procedures must be 

met at that time. 

II. Audit Timeline 

One Commenter expressed concern 

that 160 days was not adequate time to 

conduct a detailed permitting and 

compliance audit of a complex facility. 

In response to this comment, EPA 

added language to allow for additional 

time for audit completion if agreed upon 

by EPA. EPA recognizes the importance 

of having adequate time to conduct the 

comprehensive audit and does not want 

a hard timeframe to limit participation 

or encourage a cursory review. 

III. CBI 

A Commenter requested that EPA 

establish an expedited CBI challenge 

process so that the community can have 

meaningful participation in the Audit 

process. 

EPA understands the Commenter’s 

concerns and is in agreement that the 

Audit process should be as transparent 

as possible. However, EPA is required to 

follow 40 CFR Part 2, Subpart B, which 

specifies the extent to which 

information subject to a business 

confidentiality claim is available to the 

public and the challenge and 

determination process the Agency must 

follow. 

E. CAFO 

I. Releases Given to Audit Participants 

A Commenter expressed concern that 

the scope of EPA’s proposed release and 

covenant not to sue could be interpreted 

over broadly. 

The Commenter was correct that 

EPA’s intent is to release only those 

CAA violations expressly alleged and 

addressed in the CAFO. EPA will tailor 

each CAFO beyond the limited example 

provided to include case specific facts 

and clarify the scope of the release and 

covenant not to sue. 

The Commenter made a related 

comment concerning detail that should 

be required in the Audit Report 

regarding what emission requirements 

and changes in operational measures or 

control technologies must be 

implemented to ensure that disclosed 

non-NSR violations are eliminated by 

complying with the CAFO. 

EPA recognizes more detail will be 

required if the Audit identifies 

noncompliance or concerns broader 

than NSR and would expect such 

additional information to be provided in 

the audit. If insufficient information is 

provided to make a decision on 

appropriate measures to address a 

violation, it would not be alleged or 

resolved in the audit CAFO but more 

appropriately handled separately. 

II. Stipulated Penalties 

A Commenter urged EPA to 

incorporate stipulated penalties into the 

CAFO to sanction failing to fully and 

timely comply with all the substantive 

requirements of the CAFO. 

While we understand the comment, 

the agency’s interest is in compliant 

permits and this is why we made any 

release and covenant conditional on full 

compliance with the CAFO and 

obtaining the necessary permit(s). Many 

of the milestones of the audit will be 

prior to the CAFO and the emission 

limits of the CAFO will be enforceable 

until the emission limits are 

incorporated into valid federal permits. 


srobinson on DSKHWCL6B1PROD with NOTICES
59716 Federal Register / Vol. 75, No. 187 / Tuesday, September 28, 2010 / Notices 

Dated: September 20, 2010. 

Al Armendariz, 

Regional Administrator, Region 6. 

[FR Doc. 2010–24289 Filed 9–27–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9207–8; Docket ID No. EPA–HQ–ORD– 

2010–0633] 

Draft Toxicological Review of Urea: In 

Support of Summary Information on 

the Integrated Risk Information System 

(IRIS) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of public comment 

period and listening session. 

SUMMARY: EPA is announcing a 60-day 

public comment period and a public 

listening session for the external review 

draft human health assessment titled, 

‘‘Toxicological Review of Urea: In 

Support of Summary Information on the 

Integrated Risk Information System 

(IRIS)’’ [EPA/635/R–10/005]. The draft 

assessment was prepared by the 

National Center for Environmental 

Assessment (NCEA) within the EPA 

Office of Research and Development 

(ORD). EPA is releasing this draft 

assessment solely for the purpose of predissemination peer review under 

applicable information quality 

guidelines. This draft assessment has 

not been formally disseminated by EPA. 

It does not represent and should not be 

construed to represent any Agency 

policy or determination. After public 

review and comment, an EPA contractor 

will convene an expert panel for 

independent external peer review of this 

draft assessment. The public comment 

period and external peer review meeting 

are separate processes that provide 

opportunities for all interested parties to 

comment on the assessment. The 

external peer review meeting will be 

scheduled at a later date and announced 

in the Federal Register. Public 

comments submitted during the public 

comment period will be provided to the 

external peer reviewers before the panel 

meeting and considered by EPA in the 

disposition of public comments. Public 

comments received after the public 

comment period closes will not be 

submitted to the external peer reviewers 

and will only be considered by EPA if 

time permits. 

The listening session will be held on 

November 16, 2010, during the public 

comment period for this draft 

assessment. The purpose of the listening 

session is to allow all interested parties 

to present scientific and technical 

comments on draft IRIS health 

assessments to EPA and other interested 

parties attending the listening session. 

EPA welcomes the comments that will 

be provided to the Agency by the 

listening session participants. The 

comments will be considered by the 

Agency as it revises the draft assessment 

after the independent external peer 

review. If listening session participants 

would like EPA to share their comments 

with the external peer reviewers, they 

should also submit written comments 

during the public comment period using 

the detailed and established procedures 

described in the SUPPLEMENTARY

INFORMATION section of this notice. 

DATES: The public comment period 

begins September 28, 2010, and ends 

November 29, 2010. Comments should 

be in writing and must be received by 

EPA by November 29, 2010. 

The listening session on the draft 

assessment for urea will be held on 

November 16, 2010, beginning at 9 a.m. 

and ending at 4 p.m., Eastern Daylight 

Time. To present at the listening 

session, indicate in your registration 

that you want to make oral comments at 

the session and provide the length of 

your presentation. To attend the 

listening session, register by November 

9, 2010, via e-mail at 

saundkat@versar.com (subject line: Urea 

Listening Session), by phone: 703–750– 

3000, ext. 545, or toll free at 1–800–2– 

VERSAR (ask for Kathy Coon, the Urea 

Listening Session Coordinator), or by 

faxing a registration request to 703–642– 

6809 (please reference the ‘‘Urea 

Listening Session’’ and include your 

name, title, affiliation, full address and 

contact information). When you register, 

please indicate if you will need audiovisual equipment (e.g., laptop computer 

and slide projector). In general, each 

presentation should be no more than 30 

minutes. If, however, there are more 

requests for presentations than the 

allotted time allows, then the time limit 

for each presentation will be adjusted. A 

copy of the agenda for the listening 

session will be available at the meeting. 

If no speakers have registered by 

November 9, 2010, the listening session 

will be cancelled, and EPA will notify 

those registered of the cancellation. 

ADDRESSES: The draft ‘‘Toxicological 

Review of Urea: In Support of Summary 

Information on the Integrated Risk 

Information System (IRIS)’’ is available 

primarily via the Internet on the NCEA 

home page under the Recent Additions 

and Publications menus at http:// 

www.epa.gov/ncea. A limited number of 

paper copies are available from the 

Information Management Team 

(Address: Information Management 

Team, National Center for 

Environmental Assessment (Mail Code: 

8601P), U.S. Environmental Protection 

Agency, 1200 Pennsylvania Avenue, 

NW., Washington, DC 20460; telephone: 

703–347–8561; facsimile: 703–347– 

8691). If you request a paper copy, 

please provide your name, mailing 

address, and the draft assessment title. 

Comments may be submitted 

electronically via http:// 

www.regulations.gov, by e-mail, by mail, 

by facsimile, or by hand delivery/ 

courier. Please follow the detailed 

instructions provided in the 

SUPPLEMENTARY INFORMATION section of 

this notice. 

The listening session on the draft urea 

assessment will be held at the EPA 

offices at Potomac Yard (North 

Building), Rm. 7100, 2733 South Crystal 

Drive, Arlington, Virginia 22202. Please 

note that to gain entrance to this EPA 

building to attend the meeting, you 

must have photo identification and 

must register at the guard’s desk in the 

lobby. The guard will retain your photo 

identification and will provide you with 

a visitor’s badge. At the guard’s desk, 

you should provide the name Christine 

Ross and the telephone number 703– 

347–8592 to the guard on duty. The 

guard will contact Ms. Ross who will 

meet you in the reception area to escort 

you to the meeting room. When you 

leave the building, please return your 

visitor’s badge to the guard and you will 

receive your photo identification. 

A teleconference line will also be 

available for registered attendees/ 

speakers. The teleconference number is 

866–299–3188, and the access code is 

926–378–7897, followed by the pound 

sign (#). The teleconference line will be 

activated at 8:45 a.m., and you will be 

asked to identify yourself and your 

affiliation at the beginning of the call. 

Information on Services for 

Individuals with Disabilities: EPA 

welcomes public attendance at the urea 

listening session and will make every 

effort to accommodate persons with 

disabilities. For information on access 

or services for individuals with 

disabilities, please contact Christine 

Ross by phone at 703–347–8592 or by email at IRISListeningSession@epa.gov. 

To request accommodation for a 

disability, please contact Ms. Ross, 

preferably at least 10 days prior to the 

meeting, to give EPA as much time as 

possible to process your request. 

Additional Information: For 

information on the docket, 

www.regulations.gov, or the public 

comment period, please contact the 

Office of Environmental Information 

(OEI) Docket (Mail Code: 2822T), U.S. 


srobinson on DSKHWCL6B1PROD with NOTICES