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###### Environmental Protection Agency

          - [EPA-HQ-OECA-2009-0392; FRL-9153-8]

# AGENCY:

Environmental Protection Agency (EPA).

# ACTION:

Notice.

# SUMMARY:

                        In compliance with the Paperwork Reduction Act (44 U.S.C. 3501*et seq.*), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. The ICR which is abstracted below describes the nature of the collection and the estimated burden and cost.                    

# DATES:

Additional comments may be submitted on or before June 21, 2010.

# ADDRESSES:

                        Submit your comments, referencing docket ID number EPA-HQ-OECA-2009-0392, to (1) EPA online using www.regulations.gov (our preferred method), or by e-mail to                         *docket.oeca@epa.gov,*                         or by mail to: EPA Docket Center (EPA/DC), Environmental Protection Agency, Enforcement and Compliance Docket and Information Center, mail code 28221T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, and (2) OMB at: Office of Information and Regulatory Affairs, Office of Management and Budget (OMB),                         *Attention:*                         Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503.                    

# FOR FURTHER INFORMATION CONTACT:

                        Robert C. Marshall, Jr. of the Office of Compliance, Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460;                         *telephone number:*                         (202) 564-7021;                         *fax number:*                         (202) 564-0050;                         *e-mail address: marshall.robert@epa.gov.*

# SUPPLEMENTARY INFORMATION:

                    EPA has submitted the following ICR to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. On July 8, 2009 (74                     *FR*                     32581), EPA sought comments on this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional comments on this ICR should be submitted to EPA and OMB within 30 days of this notice.                

                    EPA has established a public docket for this ICR under docket ID number EPA-HQ-OECA-2009-0392, which is available for public viewing online at                     *http://www.regulations.gov*, in person viewing at the Enforcement and Compliance Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is (202) 566-1744, and the telephone number for the Enforcement and Compliance Docket is (202) 566-1752.                

                    Use EPA's electronic docket and comment system at                     *http://www.regulations.gov*, to submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the docket that are available electronically. Once in the system, select “docket search,” then key in the docket ID number identified above. Please note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing at                     *http://www.regulations.gov*, as EPA receives them and without change, unless the comment contains copyrighted material, Confidential Business Information (CBI), or other information whose public disclosure is restricted by statute. For further information about the electronic docket, go to                     *www.regulations.gov*.                

*Title:*                     NESHAP for Commercial Ethylene Oxide Sterilization and Fumigation Operations (Renewal).                          ( print page 28608)    

*ICR Numbers:*                     EPA ICR Number 1666.08, OMB Control Number 2060-0283.                

*ICR Status:*                     This ICR is scheduled to expire on July 31, 2010. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in the                     **Federal Register**                     when approved, are listed in 40 CFR part 9, and displayed either by publication in the                     **Federal Register**                     or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9.                

*Abstract:*                     The affected entities are subject to the General Provisions of the NESHAP at 40 CFR part 63, subpart A, and any changes, or additions to the Provisions specified at 40 CFR part 63, subpart O. Owners or operators of the affected facilities must submit a one-time-only report of any physical or operational changes, initial performance tests, and periodic reports and results. Owners or operators 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. Reports, at a minimum, are required semiannually.                

*Burden Statement:*                     The annual public reporting and recordkeeping burden for this collection of information is estimated to average 37 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:*                     Commercial ethylene oxide sterilization and fumigation operations.                

*Estimated Number of Respondents:*                     119.                

*Frequency of Response:*                     Initially, occasionally, and semiannually.                

*Estimated Total Annual Hour Burden:*                     8,662.                

*Estimated Total Annual Cost:*                     $1,467,301, which includes $819,301 in labor costs, $65,000 in capital/startup costs, and $583,000 in operation and maintenance (O&M) costs.                

*Changes in the Estimates:*                     There is no change in the labor hours to respondents in this ICR compared to the previous ICR. This is due to two considerations: (1) The regulations have not changed over the past three years and are not anticipated to change over the next three years; and (2) the growth rate for the industry is very low, negative or non-existent. Therefore, the labor hours in the previous ICR reflect the current burden to the respondents and are reiterated in this ICR.                

The increase in labor cost to the respondents and the Agency is due to the updating of labor rates to reflect current cost figures.

Dated: May 17, 2010.

John Moses, 

Director, Collection Strategies Division.

[FR Doc. 2010-12276 Filed 5-20-10; 8:45 am]

BILLING CODE 6560-50-P