Federal Register / Vol. 74, No. 37 / Thursday, February 26, 2009 / Notices 8791 

1EPA’s current guidance, entitled Final Guidance 

for EPA Rulewriters: Regulatory Flexibility Act as 

Amended by the Small Business Regulatory 

Enforcement and Fairness Act, was issued in 

November 2006 and is available on EPA’s Web site: 

http://www.epa.gov/sbrefa/documents/

rfafinalguidance06.pdf. After considering the 

Guidance and the purpose of CWA general permits, 

EPA concludes that general permits affecting less 

than 100 small entities do not have a significant 

economic impact on a substantial number of small 

entities. 

general permit on small entities in a 

manner that would meet the 

requirements of the RFA if it applied.’’ 

Id. 

Subsequent to EPA’s conclusion in 

1998 that general permits are 

adjudications, rather than rules, as 

noted above, the DC Circuit recently 

held that Nationwide general permits 

under section 404 are ‘‘rules’’ rather 

than ‘‘adjudications.’’ Thus, this legal 

question remains ‘‘a difficult one’’ 

(supra). However, EPA continues to 

believe that there is a strong public 

policy interest in EPA applying the 

RFA’s framework and requirements to 

the Agency’s evaluation and 

consideration of the nature and extent of 

any economic impacts that a CWA 

general permit could have on small 

entities (e.g., small businesses). In this 

regard, EPA believes that the Agency’s 

evaluation of the potential economic 

impact that a general permit would have 

on small entities, consistent with the 

RFA framework discussed below, is 

relevant to, and an essential component 

of, the Agency’s assessment of whether 

a CWA general permit would place 

requirements on dischargers that are 

appropriate and reasonable. 

Furthermore, EPA believes that the 

RFA’s framework and requirements 

provide the Agency with the best 

approach for the Agency’s evaluation of 

the economic impact of general permits 

on small entities. While using the RFA 

framework to inform its assessment of 

whether permit requirements are 

appropriate and reasonable, EPA will 

also continue to ensure that all permits 

satisfy the requirements of the Clean 

Water Act. 

Accordingly, EPA hereby commits 

that the Agency will operate in 

accordance with the RFA’s framework 

and requirements during the Agency’s 

issuance of CWA general permits (in 

other words, the Agency commits that it 

will apply the RFA in its issuance of 

general permits as if those permits do 

qualify as ‘‘rules’’ that are subject to the 

RFA). In satisfaction of this 

commitment, during the course of this 

MSGP permitting proceeding, the 

Agency conducted the analysis and 

made the appropriate determinations 

that are called for by the RFA. In 

addition, and in satisfaction of the 

Agency’s commitment, EPA will apply 

the RFA’s framework and requirements 

in any future MSGP proceeding as well 

as in the Agency’s issuance of other 

NPDES general permits. EPA anticipates 

that for most general permits the Agency 

will be able to conclude that there is not 

a significant economic impact on a 

substantial number of small entities. In 

such cases, the requirements of the RFA 

framework are fulfilled by including a 

statement to this effect in the permit fact 

sheet, along with a statement providing 

the factual basis for the conclusion. A 

quantitative analysis of impacts would 

only be required for permits that may 

affect a substantial number of small 

entities, consistent with EPA guidance 

regarding RFA certification.1

IV. Quantitative Analysis of Economic 

Impacts of the MSGP 

EPA has determined, in consideration 

of the discussion in Section IV above, 

that the issuance of the MSGP 

potentially could affect a substantial 

number of small entities. Therefore, to 

determine what, if any, economic 

impact this permit may have on small 

businesses, EPA conducted an economic 

assessment of this general permit. Based 

on this assessment, EPA concludes that 

this permit will not have a significant 

economic impact on a substantial 

number of businesses, including small 

businesses. The estimated increased 

compliance cost per permittee ranges 

from a low of $8.37 per year to a high 

of $28.27 per year. All cost estimates are 

presented in 2005 dollars. As a 

percentage of annual sales, the expected 

incremental burden of these estimated 

costs is small. The cost-to-sales ratios 

are small across all MSGP sectors, with 

the largest impacts observed in Sectors 

I (0.003 percent) and P (0.003 percent). 

These cost estimates reflect the 

incremental monitoring, documentation 

and reporting costs imposed by this 

permit, relative to the comparable costs 

for compliance with MSGP 2000. They 

do not include the costs of additional 

control measures that may be required 

as a result of more rigorous 

documentation and reporting 

requirements (e.g., for corrective action). 

EPA recognizes that these costs may be 

significant for some facilities, but 

believes that relatively few facilities will 

have significantly increased costs 

relative to MSGP 2000 because in most 

cases the underlying standards of 

control have not changed. EPA was 

unable to quantify these costs because 

EPA is not able to predict what sitespecific additional control measures 

may be necessary in these limited cases. 

Based on EPA’s analysis, the Agency 

concludes that this permit will not 

result in a significant economic impact 

on a substantial number of small 

businesses. The factual basis for this 

conclusion is included in the economic 

analysis for the permit, available as part 

of the docket for this permit, and 

summarized above. 

Authority: Clean Water Act, 33 U.S.C. 1251 

et seq. 

Dated: January 29, 2009. 

Michael A. Bussell, 

Director, Office of Water and Watersheds, 

EPA Region 10. 

[FR Doc. E9–4152 Filed 2–25–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OAR–2007–1196; FRL–8772–3] 

Recent Postings of Broadly Applicable 

Alternative Test Methods 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of availability. 

SUMMARY: This notice announces the 

broadly applicable alternative test 

method approval decisions the EPA has 

made under and in support of New 

Source Performance Standards (NSPS) 

and the National Emission Standards for 

Hazardous Air Pollutants (NESHAP) in 

2008. 

FOR FURTHER INFORMATION CONTACT: An 

electronic copy of each alternative test 

method approval document is available 

on EPA’s Web site at http:// 

www.epa.gov/ttn/emc/approalt.html. 

For questions about this notice, contact 

Jason M. DeWees, Air Quality 

Assessment Division, Office of Air 

Quality Planning and Standards (E143– 

02), Environmental Protection Agency, 

Research Triangle Park, NC 27711; 

telephone number: 919–541–9724; fax 

number: 919–541–0516; e-mail address: 

dewees.jason@epa.gov. For technical 

questions about individual alternative 

test method decisions, refer to the 

contact person identified in the 

individual approval documents. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does This Notice Apply to Me? 

This notice will be of interest to 

entities regulated under 40 CFR parts 

60, 61, and 63, and State, local, Tribal 

agencies, and EPA Regional Offices 

responsible for implementation and 

enforcement of regulations under 40 

CFR parts 60, 61, and 63. 

8792 Federal Register / Vol. 74, No. 37 / Thursday, February 26, 2009 / Notices 

B. How Can I Get Copies of This 

Information? 

You may access copies of the broadly 

applicable alternative test method 

approval documents from the EPA’s 

Web site at http://www.epa.gov/ttn/emc/ 

approalt.html. 

II. Background 

This notice identifies EPA’s broadly 

applicable alternative test method 

approval decisions issued between 

January 1, 2008, and December 31, 2008, 

under the New Source Performance 

Standards (NSPS), 40 CFR part 60, and 

the National Emission Standards for 

Hazardous Air Pollutants (NESHAP), 40 

CFR parts 61 and 63 (see Table 1). 

Source owners and operators may 

voluntarily use these broadly applicable 

alternative test methods subject to their 

specific applicability. Use of these 

broadly applicable alternative test 

methods does not change the applicable 

emission standards. 

As explained in a previous Federal 

Register notice published at 72 FR 4257, 

1/30/07 and found on the EPA’s Web 

site at http://www.epa.gov/ttn/emc/ 

approalt.html, the EPA Administrator 

has the authority to approve the use of 

alternative test methods to comply with 

requirements under 40 CFR parts 60, 61, 

and 63. This authority is found in 

sections 60.8(b)(3), 61.13(h)(1)(ii), and 

63.7(e)(2)(ii). Over the years, we have 

performed thorough technical reviews 

of numerous requests for alternatives 

and modifications to test methods and 

procedures. Based on these experiences, 

we have found that often these changes 

or alternatives would be equally valid 

and appropriate to apply to other 

sources within a particular class, 

category, or subcategory. Consequently, 

we have concluded that where a method 

modification or a change or alternative 

is clearly broadly applicable to a class, 

category, or subcategory of sources, it is 

both more equitable and efficient to 

approve its use for all appropriate 

sources and situations at the same time. 

It is important to clarify that 

alternative methods are not mandatory 

but permissive. Sources are not required 

to employ such a method but may 

choose to do so in appropriate cases. 

Source owners or operators should 

review the specific broadly applicable 

alternative method approval decision on 

the EPA’s Web site at http:// 

www.epa.gov/ttn/emc/approalt.html 

before electing to employ it. By electing 

to use an alternative method, the source 

owner or operator consents to thereafter 

demonstrate compliance with 

applicable requirements based on the 

results of the alternative method until 

approved to do so otherwise. 

The criteria for approval and 

procedures for submission and review 

of broadly applicable alternative test 

methods are outlined at 72 FR 4257, 1/ 

30/07. EPA will continue to announce 

approvals for broadly applicable 

alternative test methods on the EPA’s 

Web site at http://www.epa.gov/ttn/emc/ 

approalt.html and intends to publish a 

notice annually that summarizes 

approvals for broadly applicable 

alternative test methods. 

This notice comprises a summary of 

eleven such approval documents added 

to our technology transfer network from 

January 1, 2008, through December 31, 

2008. The alternative test number, the 

reference method affected, sources 

affected, and modification or alternative 

method allowed are summarized in 

Table 1 of this notice. Please refer to the 

complete copies of these approval 

documents available from the EPA’s 

Web site at http://www.epa.gov/ttn/emc/ 

approalt.html as the table serves only as 

a summary of the broadly applicable 

alternative test methods. If you are 

aware of reasons why a particular 

alternative test method approval that we 

issue should not be broadly applicable, 

we request that you make us aware of 

the reasons within 60 days of the 

Federal Register notice announcing the 

broad approval, and we will revisit the 

broad approval. Any objection to a 

broadly applicable alternative test 

method as well as the resolution of that 

objection will be announced on the 

EPA’s Web site at http://www.epa.gov/ 

ttn/emc/approalt.html and in the 

subsequent Federal Register notice. If 

we should decide to retract a broadly 

applicable test method, we would 

continue to grant case-by-case 

approvals, as appropriate, and would (as 

States, local and Tribal agencies and 

EPA Regional Offices should) consider 

the need for an appropriate transition 

period for users either to request caseby-case approval or to transition to an 

approved method. 

Dated: January 29, 2009. 

Stephen D. Page, 

Director, Office of Air Quality Planning and 

Standards. 

TABLE 1—APPROVED ALTERNATIVE TEST METHODS AND MODIFICATIONS TO TEST METHODS UNDER APPENDICES A, B OR

F IN CFR 60, 61, AND 63 MADE BETWEEN JANUARY 2008 AND DECEMBER 2008 

Alternative No. As an alternative or modification 

to . . . For . . . You may . . . 

Alt–039 ........................................... Method 101A—Determination of 

Particulate and Gaseous Mercury Emissions from Sewage 

Sludge Incinerators.

Sludge Drying or Sludge Incineration Facilities affected under 

the NESHAP for Mercury in 40 

CFR part 61, subpart E.

Use Method 29 with limitations 

outlined in the approval letter in 

lieu of Method 101A. 

Alt–040 ........................................... Method 25C—Determination of 

Nonmethane Organic Compounds (NMOC) in Landfill Gas.

Sources affected under the NSPS 

for Municipal Solid Waste Landfills in 40 CFR part 60, subpart 

WWW.

Use of a Geoprobe brand sampling probe to create a sampling void. 

Use of a polyethylene sampling 

tubing. 

Use of a critical orifice to regulate 

flow. 

Alt–041 ........................................... Method 25C—Determination of 

Nonmethane Organic Compounds (NMOC) in Landfill Gas.

Sources affected under the NSPS 

for Municipal Solid Waste Landfills in 40 CFR part 60, subpart 

WWW.

Use of extraction wells and leachate risers for sampling locations 

in lieu of the inserting surface 

probes. 

Alt–042 ........................................... Method 3C—Determination of 

Carbon Dioxide, Methane, Nitrogen, and Oxygen from Stationary Sources.

Sources affected under the NSPS 

for Municipal Solid Waste Landfills in 40 CFR part 60, subpart 

WWW.

Use handheld combustion meters 

in lieu of Method 3C for 2 of the 

3 runs. 

Federal Register / Vol. 74, No. 37 / Thursday, February 26, 2009 / Notices 8793 

TABLE 1—APPROVED ALTERNATIVE TEST METHODS AND MODIFICATIONS TO TEST METHODS UNDER APPENDICES A, B OR

F IN CFR 60, 61, AND 63 MADE BETWEEN JANUARY 2008 AND DECEMBER 2008—Continued 

Alternative No. As an alternative or modification 

to . . . For . . . You may . . . 

Alt–042 ........................................... Method 22—Visual Determination 

of Fugitive Emissions from Material Sources and Smoke 

Emissions from Flares.

Sources affected under the NSPS 

for Municipal Solid Waste Landfills in 40 CFR part 60, subpart 

WWW.

Reduce Method 22 run times from 

2 hours to 30 minutes. 

Alt–043 ........................................... Method 26A—Determination of 

Hydrogen Halide and Halogen 

Emissions from Stationary 

Sources Isokinetic Method.

Sources subject to 40 CFR part 

63, subpart RRR—National 

Emission Standards for Hazardous Air Pollutants for Secondary Aluminum Production.

Use Method 26 in lieu of Method 

26A provided the emission 

stream does not contain water 

droplets. 

Alt–044 ........................................... Performance Specification 4B— 

Specifications and Test Procedures for Carbon Monoxides 

and Oxygen Continuous Monitoring Systems in Stationary 

Sources.

Sources subject to 40 CFR part 

63, subpart EEE, National 

Emissions Standards for Hazardous Air Pollutants for Hazardous Waste Combustors.

Use of the alternative relative accuracy procedures in Section 

7.3 of PS 4B when CO emissions levels are consistently 

very low or low and interrupted 

periodically by short duration 

high level spikes. 

Alt–045 ........................................... Method 3C—Determination of 

Carbon Dioxide, Methane, Nitrogen, and Oxygen from Stationary Sources.

Sources affected under the NSPS 

for Municipal Solid Waste Landfills in 40 CFR part 60, subpart 

WWW.

Use of an alternative calibration 

procedure based on a drift 

basis similar to Method 25. 

Alt–046 ........................................... Method 6C—Determination of 

Sulfur Dioxides Emissions from 

Stationary Sources (Instrumental Analyzer Procedure).

Sources affected under the NSPS 

for Industrial-Commercial-Institutional Steam Generating Units 

in 40 CFR part 60, subpart Db.

Use of Method 320 in lieu of 

Method 6C. 

Alt–046 ........................................... Method 7E—Determination of Nitrogen Oxides Emissions from 

Stationary Sources (Instrumental Analyzer Procedure).

Sources affected under the NSPS 

for Industrial-Commercial-Institutional Steam Generating Units 

in 40 CFR part 60, subpart Db.

Use of Method 320 in lieu of 

Method 7E. 

Alt–046 ........................................... Method 10—Determination of 

Carbon Monoxide from Stationary Sources (Instrumental 

Analyzer Procedure).

Sources affected under the NSPS 

for Industrial-Commercial-Institutional Steam Generating Units 

in 40 CFR part 60, subpart Db.

Use of Method 320 in lieu of 

Method 10. 

Alt–047 ........................................... Method 12—Determination of Inorganic Lead from Stationary 

Sources.

Sources required to use Method 

12.

Use of Inductively Coupled Plasma—Mass Spectroscopy Analysis as described in Method 

6020/6020A in lieu of atomic 

adsorption spectroscopy for 

lead. 

Alt–047 ........................................... Method 103—Beryllium Screening 

Method.

Sources required to use Method 

103.

Use of Inductively Coupled Plasma—Mass Spectroscopy Analysis as described in Method 

6020/6020A in lieu of atomic 

adsorption spectroscopy for beryllium. 

Alt–047 ........................................... Method 104—Determination of 

Beryllium Emissions from Stationary Sources.

Sources required to use Method 

104.

Use of Inductively Coupled Plasma—Mass Spectroscopy Analysis as described in Method 

6020/6020A in lieu of atomic 

adsorption spectroscopy for beryllium. 

Alt–047 ........................................... Method 108—Determination of 

Particulate and Gaseous Arsenic Emissions.

Sources required to use Method 

108.

Use of Inductively Coupled Plasma—Mass Spectroscopy Analysis as described in Method 

6020/6020A in lieu of atomic 

adsorption spectroscopy for arsenic. 

Alt–047 ........................................... Method 108A—Determination of 

Arsenic Content in Ore Samples from Nonferrous Smelters.

Sources required to use Method 

108A.

Use of Inductively Coupled Plasma—Mass Spectroscopy Analysis as described in Method 

6020/6020A in lieu of atomic 

adsorption spectroscopy for arsenic. 

Alt–047 ........................................... Method 108B—Determination of 

Arsenic Content in Ore Samples from Nonferrous Smelters.

Sources required to use Method 

108B.

Use of Inductively Coupled Plasma—Mass Spectroscopy Analysis as described in Method 

6020/6020A in lieu of atomic 

adsorption spectroscopy for arsenic. 

8794 Federal Register / Vol. 74, No. 37 / Thursday, February 26, 2009 / Notices 

TABLE 1—APPROVED ALTERNATIVE TEST METHODS AND MODIFICATIONS TO TEST METHODS UNDER APPENDICES A, B OR

F IN CFR 60, 61, AND 63 MADE BETWEEN JANUARY 2008 AND DECEMBER 2008—Continued 

Alternative No. As an alternative or modification 

to . . . For . . . You may . . . 

Alt–047 ........................................... Method 306—Determination of 

Chromium Emissions from Decorative and Hard Chromium 

Electroplating and Chromium 

Anodizing Operation—Isokinetic 

method.

Sources required to use Method 

306.

Use of Inductively Coupled Plasma—Mass Spectroscopy Analysis as described in Method 

6020/6020A in lieu of atomic 

adsorption spectroscopy for 

chromium. 

Alt–048 ........................................... Method 5—Determination of Particulate Matter Emissions from 

Stationary Sources.

Sources required to use Method 5 Use of an alternative determination of sample volume and flow 

rate used by the Isostack metering system. 

Alt–049 ........................................... Performance Specification 4B— 

Specifications and Test Procedures for Carbon Monoxides 

and Oxygen Continuous Monitoring Systems in Stationary 

Sources.

Sources subject to 40 CFR part 

63, subpart EEE, National 

Emissions Standards for Hazardous Air Pollutants for Hazardous Waste Combustors.

Use of the alternative relative accuracy procedures in Section 

7.3 of PS 4B when CO emissions levels are consistently 

very low or low and interrupted 

periodically by short duration 

high level spikes. 

Source owners or operators should review the specific broadly applicable alternative method approval letter on the EPA’s Web site at http:// 

www.epa.gov/ttn/emc/approalt.html before electing to employ it. 

[FR Doc. E9–4125 Filed 2–25–09; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

Notice of Agency Meeting 

Pursuant to the provisions of the 

‘‘Government in the Sunshine Act’’ (5 

U.S.C. 552b), notice is hereby given that 

the Federal Deposit Insurance 

Corporation’s Board of Directors will 

meet in open session at 10 a.m. on 

Friday, February 27, 2009, to consider 

the following matters: 

Summary Agenda: No substantive 

discussion of the following items is 

anticipated. These matters will be 

resolved with a single vote unless a 

member of the Board of Directors 

requests that an item be moved to the 

discussion agenda. 

Disposition of minutes of previous 

Board of Directors’ meetings. 

Summary reports, status reports, and 

reports of actions taken pursuant to 

authority delegated by the Board of 

Directors. 

Discussion Agenda: Assessment 

System. 

Modification of Temporary Liquidity 

Guarantee Program to Guarantee 

Mandatory Convertible Debt. 

The meeting will be held in the Board 

Room on the sixth floor of the FDIC 

Building located at 550 17th Street, 

NW., Washington, DC. 

This Board meeting will be Webcast 

live via the Internet and subsequently 

made available on-demand 

approximately one week after the event. 

Visit http://www.vodium.com/goto/fdic/ 

boardmeetings.asp to view the event. If 

you need any technical assistance, 

please visit our Video Help page at: 

http://www.fdic.gov/video.html. 

The FDIC will provide attendees with 

auxiliary aids (e.g., sign language 

interpretation) required for this meeting. 

Those attendees needing such assistance 

should call (703) 562–6067 (Voice or 

TTY), to make necessary arrangements. 

Requests for further information 

concerning the meeting may be directed 

to Mr. Robert E. Feldman, Executive 

Secretary of the Corporation, at (202) 

898–7043. 

Dated: February 20, 2009. 

Federal Deposit Insurance Corporation. 

Robert E. Feldman, 

Executive Secretary. 

[FR Doc. E9–4077 Filed 2–25–09; 8:45 am] 

BILLING CODE 6714–01–P 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

Notice of Agency Meeting 

Pursuant to the provisions of the 

‘‘Government in the Sunshine Act’’ (5 

U.S.C. 552b), notice is hereby given that 

at 10:30 a.m. on Friday, February 27, 

2009, the Federal Deposit Insurance 

Corporation’s Board of Directors will 

meet in closed session, pursuant to 

section 552b(c)(2), (c)(4), (c)(6), (c)(8), 

(c)(9)(A)(ii), (c)(9)(B), and (c)(10) of Title 

5, United States Code, to consider 

matters relating to the Corporation’s 

supervisory and corporate activities. 

The meeting will be held in the Board 

Room on the sixth floor of the FDIC 

Building located at 550 17th Street, 

NW., Washington, DC. 

Requests for further information 

concerning the meeting may be directed 

to Mr. Robert E. Feldman, Executive 

Secretary of the Corporation, at (202) 

898–7043. 

Dated: February 20, 2009. 

Robert E. Feldman, 

Executive Secretary. 

[FR Doc. E9–4078 Filed 2–25–09; 8:45 am] 

BILLING CODE 6714–01–P 

FEDERAL RESERVE SYSTEM 

Proposed Agency Information 

Collection Activities; Comment 

Request 

AGENCY: Board of Governors of the 

Federal Reserve System. 

SUMMARY: Background. On June 15, 

1984, the Office of Management and 

Budget (OMB) delegated to the Board of 

Governors of the Federal Reserve 

System (Board) its approval authority 

under the Paperwork Reduction Act 

(PRA), as per 5 CFR 1320.16, to approve 

of and assign OMB control numbers to 

collection of information requests and 

requirements conducted or sponsored 

by the Board under conditions set forth 

in 5 CFR 1320 Appendix A.1. Boardapproved collections of information are 

incorporated into the official OMB 

inventory of currently approved 

collections of information. Copies of the 

Paperwork Reduction Act Submission, 

supporting statements and approved 

collection of information instruments 

are placed into OMB’s public docket 

files. The Federal Reserve may not