Federal Register / Vol. 87, No. 79 / Monday, April 25, 2022 / Notices 24299 

Technical contact: Linda Rutsch, Data 

Gathering and Analysis Division, 

7406M, Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460; telephone 

number: (202) 343–9924; email address: 

rutsch.linda@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, WJC 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 https://

www.epa.gov/dockets. 

Abstract: This ICR will cover the 

information collection activities and 

burden associated with the reporting 

and recordkeeping obligations of 

individuals, businesses, organizations, 

and government entities participating in 

or collaborating with EPA’s Safer Choice 

program. The programs are designed to: 

Improve data efficiency by electronic 

data collection via a cloud-based 

Salesforce system called the Safer 

Choice Community; monitor the 

public’s awareness of the Safer Choice 

program and label; and clarify the Safer 

Choice Partner of the Year Awards 

application process and form. 

Form numbers: 9600–017, 9600–018, 

9600–019, 9600–020, 9600–21, 9600– 

022, and 9600–023. 

Respondents/affected entities: The 

ICR provides a list of the North 

American Industrial Classification 

System (NAICS) codes associated with 

the various industries most likely 

affected by the paperwork activities 

covered in this ICR. 

Respondent’s obligation to respond: 

Voluntary. 

Frequency of response: On occasion. 

Estimated number of respondents: 

7,566 (total). 

Total estimated burden: 9,696 hours. 

Burden is defined at 5 CFR 1320.3(b). 

Total estimated costs: $751,942 (per 

year). This includes an estimated 

burden cost of $206,342 and an 

estimated cost of $545,600 for nonburden hour paperwork costs, e.g., 

capital investment or maintenance and 

operational costs. 

Changes in the estimates: The total 

combined burden from the two 

approved ICRs that are being combined 

in this request is 7,118 hours (4,788 

hours and 2,330 hours, respectively). 

The total burden requested for this ICR 

is 9,696 hours, resulting in an overall 

increase of 2,578 hours from the 

estimated combined burden compared 

with that currently approved by OMB. 

The difference is primarily due to the 

inclusion of the activities and burden 

associated with Partner of the Year 

Award activities (1,575 hours) and 

minor adjustments were made in EPA’s 

estimates of the number of respondents 

and of the burden. Specifically, the 

burden for previously approved EPA 

ICR No. 2487.02 increased by 1,003 

hours (from 2,330 to 3,333 hours). The 

burden for previously approved EPA 

ICR No. 2302.03 has not changed, 

remaining at 4,788 hours. The total 

combined cost for the existing ICRs is 

$545,600 ($545,600 and $0, 

respectively). The total cost requested 

for this ICR remains the same. These 

changes are adjustments. 

Courtney Kerwin, 

Director, Regulatory Support Division. 

[FR Doc. 2022–08709 Filed 4–22–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OAR–2021–0096; FRL–9793–01– 

OMS] 

Information Collection Request 

Submitted to OMB for Review and 

Approval; Comment Request; NESHAP 

for Asbestos (Renewal) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Environmental Protection 

Agency (EPA) has submitted an 

information collection request (ICR), 

NESHAP for Asbestos (EPA ICR Number 

0111.16, OMB Control Number 2060– 

0101), 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 May 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 25, 2022. 

ADDRESSES: Submit your comments, 

referencing Docket ID Number EPA– 

HQ–OAR–2021–0096, 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: https://www.epa.gov/dockets. 

Abstract: The National Emission 

Standards for Hazardous Air Pollutants 

(NESHAP) for Asbestos (40 CFR part 61, 

subpart M) regulations apply to either 

the demolition and/or renovation of 

facilities; the disposal of asbestos waste; 

asbestos milling, manufacturing and 

fabricating; the use of asbestos on 

roadways; asbestos waste converting 

facilities; and the use of asbestos 

insulation and sprayed-on materials. 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 


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24300 Federal Register / Vol. 87, No. 79 / Monday, April 25, 2022 / Notices 

1The CAA defines a small refinery as ‘‘a refinery 

for which the average aggregate daily crude oil 

throughput for a calendar year . . . does not exceed 

75,000 barrels.’’ CAA section 211(o)(1)(K). 

2CAA section 211(o)(9)(B)(i). 

3CAA section 211(o)(9)(B)(ii). 

4 ‘‘April 2022 Denial of Petitions for RFS Small 

Refinery Exemptions,’’ EPA–420–R–22–005, April 

2022. 

5 ‘‘Proposed RFS Small Refinery Exemption 

Decision,’’ EPA–420–D–21–001, December 2021 

(hereinafter the ‘‘Proposed Denial’’). 86 FR 70999 

(December 14, 2021). 

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, 

and are required of all affected facilities 

subject to NESHAP. 

Form Numbers: None. 

Respondents/affected entities: 

Owners and operators of demolition and 

renovation of facilities, asbestos cement 

(A/C) pipe replacement projects 

(ACPRPs), asbestos waste disposal, 

asbestos milling, manufacturing and 

fabricating, use of asbestos on roadways, 

asbestos waste converting facilities, and 

the use of asbestos insulation and 

sprayed-on materials. 

Respondent’s obligation to respond: 

Mandatory (40 CFR part 61, subpart M). 

Estimated number of respondents: 

9,771 (total). 

Frequency of response: Quarterly, 

semiannually, annually. 

Total estimated burden: 297,000 

hours (per year). Burden is defined at 5 

CFR 1320.3(b). 

Total estimated cost: $35,100,000 (per 

year), which includes $0 in annualized 

capital/startup and/or operation & 

maintenance costs. 

Changes in the Estimates: There is an 

increase in the total estimated burden as 

currently identified in the OMB 

Inventory of Approved Burdens. The 

change is due to the removal of burden 

associated with electronic reporting by 

either demolition or renovation 

facilities. The previous ICR renewal 

introduced a pilot program for 

demolition/renovation facilities, which 

allowed for voluntary submission of 

certain notifications using electronic 

reporting, as available. However, there 

are no regulatory requirements for 

electronic submission of reports in 40 

CFR part 61, subpart M; therefore, this 

ICR does not assign a regulatory burden 

for electronic submittal of reports. 

Courtney Kerwin, 

Director, Regulatory Support Division. 

[FR Doc. 2022–08701 Filed 4–22–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OAR–2021–0566; FRL–9711–01– 

OAR] 

April 2022 Denial of Petitions for Small 

Refinery Exemptions Under the 

Renewable Fuel Standard Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Denial of petitions. 

SUMMARY: The Environmental Protection 

Agency (EPA) is providing notice of its 

final action entitled April 2022 Denial 

of Petitions for RFS Small Refinery 

Exemptions (‘‘SRE Denial’’) in which 

EPA denied 36 small refinery exemption 

(SRE) petitions under the Renewable 

Fuel Standard (RFS) program. EPA is 

providing this notice for public 

awareness of and the basis for EPA’s 

decision issued on April 7, 2022. 

DATES: April 25, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Karen Nelson, Office of Transportation 

and Air Quality, Compliance Division, 

Environmental Protection Agency, 2000 

Traverwood Drive, Ann Arbor, MI 

48105; telephone number: 734–214– 

4657; email address: nelson.karen@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Clean Air Act (CAA) provides 

that a small refinery 1 may at any time 

petition EPA for an extension of the 

exemption from the obligations of the 

RFS program for the reason of 

disproportionate economic hardship 

(DEH).2 In evaluating such petitions, the 

EPA Administrator, in consultation with 

the Secretary of Energy, will consider 

the findings of a Department of Energy 

(DOE) study and other economic 

factors.3

II. Decision 

In the SRE Denial,4 we conducted an 

extensive analysis and review of 

information provided to EPA by small 

refineries in their SRE petitions and in 

the comments submitted in response to 

the Proposed Denial.5 We sought 

comment on all aspects of the Proposed 

Denial, including on our conclusions 

that the CAA requires small refineries to 

demonstrate that DEH is caused by 

compliance with the RFS program. We 

also sought comment on our economic 

analyses and conclusion that no small 

refineries face disproportionate costs of 

compliance due to the RFS program, no 

economic hardship, and, therefore, no 

DEH caused by RFS compliance. We 

requested additional data that would 

show the relationship between RFS 

compliance costs and the price of 

transportation fuel blendstocks. We also 

sought comment on our proposed 

change in approach to SRE eligibility 

based on receipt of the original statutory 

exemption, and our proposed decision 

to deny all pending SRE petitions based 

on the proportional nature of the RFS 

requirements and our findings regarding 

RIN cost passthrough. We considered all 

the comments received and have 

responded to them in the SRE Denial 

and its corresponding appendices. 

In the SRE Denial, we find that all 

refineries face the same costs to acquire 

RINs regardless of whether the RINs are 

created through the act of blending 

renewable fuels or are purchased on the 

open market. This happens because the 

market price for these fuels increases to 

reflect the cost of the RIN, much as it 

would increase in response to higher 

crude prices. In other words, this 

increased price for gasoline and diesel 

fuel allows obligated parties to recover 

their RIN costs through the market price 

of the fuel they produce. Because the 

market behaves this way for all parties 

subject to the RFS program, there is no 

disproportionate cost to any party, 

including small refineries, and no 

hardship given that the costs are 

recovered. As a result, we conclude that 

small refineries do not face DEH. Given 

this conclusion and the other reasons 

described in the SRE Denial, we have 

denied 36 SRE petitions by finding the 

petitioning refineries do not face DEH 

caused by compliance with their RFS 

obligations. 

III. Judicial Review 

Section 307(b)(1) of the CAA governs 

judicial review of final actions by the 

EPA. This section provides, in part, that 

petitions for review must be filed in the 

United States Court of Appeals for the 

District of Columbia Circuit: (i) When 

the agency action consists of ‘‘nationally 

applicable . . . final actions taken by 

the Administrator,’’ or (ii) when such 

action is locally or regionally 

applicable, but ‘‘such action is based on 

a determination of nationwide scope or 

effect and if in taking such action the 

Administrator finds and publishes that 

such action is based on such a 

determination.’’ For locally or regionally 

applicable final actions, the CAA 

reserves to the EPA complete discretion 

whether to invoke the exception in (ii) 

described in the preceding sentence. 

This final action is ‘‘nationally 

applicable’’ within the meaning of CAA 

section 307(b)(1). In the alternative, to 

the extent a court finds this final action 

to be locally or regionally applicable, 

the Administrator is exercising the 

complete discretion afforded to him 


khammond on DSKJM1Z7X2PROD with NOTICES