24294 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 (hereinafter the ‘‘SRE Denial’’). 

5 ‘‘April 2022 Alternative RFS Compliance 

Demonstration Approach for Certain Small 

Refineries,’’ EPA–420–R–22–006, April 2022. 6 In deciding whether to invoke the exception by 

making and publishing a finding that this final 

action is based on a determination of nationwide 

scope or effect, the Administrator has also taken 

into account a number of policy considerations, 

including his judgment balancing the benefit of 

obtaining the D.C. Circuit’s authoritative centralized 

review versus allowing development of the issue in 

other contexts and the best use of Agency resources. 

essential in determining compliance, 

and are required of all affected facilities 

subject to NESHAP. 

Form Numbers: 5900–566. 

Respondents/affected entities: 

Owners and operators of reinforced 

plastic composites production 

operations and processes. 

Respondent’s obligation to respond: 

Mandatory (40 CFR part 63, subpart 

WWWW). 

Estimated number of respondents: 

448 (total). 

Frequency of response: Monthly, 

semiannually, annually. 

Total estimated burden: 38,600 hours 

(per year). Burden is defined at 5 CFR 

1320.3(b). 

Total estimated cost: $4,570,000 (per 

year), which includes $0 for annualized 

capital/startup and/or operation & 

maintenance costs. 

Changes in the Estimates: The 

increase in burden from the mostrecently approved ICR is due to an 

increase in adjustment(s). The 

adjustment increase in burden from the 

most-recently approved ICR is due to a 

change in regulatory requirements 

stemming from the 2020 RTR ICR (EPA 

ICR No. 1976.09) and the incorporation 

of its burden into the currentlyapproved ICR. Items added include 

burden for work practice requirements 

and time to record information. Work 

practice requirements have had a 

significant impact on the burden since 

facilities are complying with the current 

regulations through pollution 

prevention measures rather than add-on 

control devices. The time to complete 

semiannual compliance reports and 

time to train personnel have also been 

adjusted. Reporting emissions 

exceedances or no emissions 

exceedances is included in the 

semiannual compliance reports, and the 

time to train personnel was adjusted to 

represent facilities of any size. In 

addition, capital/startup and operation 

and maintenance costs have decreased 

from the previous ICR. It is estimated no 

new facilities will be subject to the rule 

and that existing facilities are 

complying with the rule using 

compliant materials instead of add-on 

control devices. 

Courtney Kerwin, 

Director, Regulatory Support Division. 

[FR Doc. 2022–08706 Filed 4–22–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OAR–2021–0566; FRL–9720–01– 

OAR] 

Notice of April 2022 Alternative 

Compliance Demonstration Approach 

for Certain Small Refineries Under the 

Renewable Fuel Standard Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Environmental Protection 

Agency (EPA) is providing notice of its 

action to provide an alternative 

compliance demonstration approach 

(the ‘‘Compliance Action’’) to certain 

small refineries whose 2018 petitions 

for small refinery exemptions (SREs) 

under the Renewable Fuel Standard 

(RFS) program were denied in the April 

2022 Denial of Petitions for RFS Small 

Refinery Exemptions (‘‘SRE Denial’’) 

after being remanded. EPA is providing 

this notice for public awareness of and 

the basis for the Compliance Action 

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 In a separate action issued on 

April 7, 2022, EPA denied 36 small 

refinery exemption (SRE) petitions for 

the 2018 compliance year by finding the 

petitioning refineries do not face DEH 

caused by compliance with their RFS 

obligations.4

II. Compliance Action 

In the Compliance Action,5 EPA is 

providing 31 specific small refineries 

with an alternative approach to 

demonstrating compliance with their 

RFS renewable volume obligations 

created by the SRE Denial. Each of the 

specified small refineries had 

previously been granted an SRE for the 

2018 compliance year; however, each of 

their petitions again came before the 

Agency as the result of court remand. 

The Compliance Action is necessary 

because EPA has determined there are 

extenuating circumstances that warrant 

an alternative compliance 

demonstration approach that the 

specified small refineries may use to 

meet their 2018 obligations without 

retiring any additional RINs. 

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 

under the CAA to make and publish a 

finding that this action is based on a 

determination of ‘‘nationwide scope or 

effect’’ within the meaning of CAA 

section 307(b)(1).6 This final action 

provides an alternative approach to 

demonstrating compliance with the 

2018 obligations for 31 small refineries 

across the country and applies to small 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 87, No. 79 / Monday, April 25, 2022 / Notices 24295 

7 In the report on the 1977 Amendments that 

revised section 307(b)(1) of the CAA, Congress 

noted that the Administrator’s determination that 

the ‘‘nationwide scope or effect’’ exception applies 

would be appropriate for any action that has a 

scope or effect beyond a single judicial circuit. See 

H.R. Rep. No. 95–294 at 323, 324, reprinted in 1977 

U.S.C.C.A.N. 1402–03. 

refineries located within 16 states in 7 

of the 10 EPA regions and in 7 different 

Federal judicial circuits.7 This final 

action is based on the extenuating 

circumstances applicable to these 31 

small refineries and the impacts their 

compliance with their newly created 

2018 obligations under the existing 

compliance scheme would have on the 

RFS program. For these reasons, this 

final action is nationally applicable or, 

alternatively, the Administrator is 

exercising the complete discretion 

afforded to him by the CAA and hereby 

finds that this final action is based on 

a determination of nationwide scope or 

effect for purposes of CAA section 

307(b)(1) and is hereby publishing that 

finding in the Federal Register. 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the District of 

Columbia Circuit by June 24, 2022. 

Joseph Goffman, 

Principal Deputy Assistant Administrator, 

Office of Air and Radiation. 

[FR Doc. 2022–08687 Filed 4–22–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OAR–2020–0662; FRL–9792–01– 

OMS] 

Information Collection Request 

Submitted to OMB for Review and 

Approval; Comment Request; NSPS 

for Secondary Lead Smelters 

(Renewal) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Environmental Protection 

Agency (EPA) has submitted an 

information collection request (ICR), 

NSPS for Secondary Lead Smelters (EPA 

ICR Number 1128.13, OMB Control 

Number 2060–0080), 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 

February 8, 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–2020–0662, 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 New Source 

Performance Standards (NSPS) for 

Secondary Lead Smelters (40 CFR part 

60, subpart L) apply to existing facilities 

and new secondary lead smelting 

facilities: Any pot furnace of more than 

250 kg (550 lb) charging capacity, blast 

(cupola) furnaces, and reverberatory 

furnaces. The affected facilities include 

any facility producing lead from a lead 

bearing scrap material by smelting to the 

metallic form. Blast furnace means any 

furnace used to recover metal from slag. 

Reverberatory furnaces include furnaces 

of various types, e.g., stationary, 

rotating, rocking and tilting. New 

facilities include those that commenced 

construction, modification, or 

reconstruction after the date of proposal. 

This information is being collected to 

assure compliance with 40 CFR part 60, 

subpart L. 

In general, all NSPS 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, 

and are required of all affected facilities 

subject to NSPS. 

Form Numbers: None. 

Respondents/affected entities: 

Secondary lead smelting facilities. 

Respondent’s obligation to respond: 

Mandatory (40 CFR part 60, subpart L). 

Estimated number of respondents: 10 

(total). 

Frequency of response: Initially. 

Total estimated burden: 26 hours (per 

year). Burden is defined at 5 CFR 

1320.3(b). 

Total estimated cost: $3,130 (per 

year), which includes $0 in annualized 

capital/startup and/or operation & 

maintenance costs. 

Changes in the Estimates: The 

adjustment decrease in burden from the 

most recently-approved ICR is due to a 

decrease in the number of sources. 

There is a decrease in the number of 

estimated sources from 12 to 10 due to 

consolidation within the sector. The 

reduced number of estimated sources 

also led to a decrease in the number of 

responses. There are no capital/startup 

and/or operation and maintenance costs 

associated with the rule. 

Courtney Kerwin, 

Director, Regulatory Support Division. 

[FR Doc. 2022–08702 Filed 4–22–22; 8:45 am] 

BILLING CODE 6560–50–P 


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