Agency Information Collection Activities

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5305-9]

Agency Information Collection Activities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501

et seq.), this notice announces that EPA is planning to submit the

following continuing Information Collection Requests (ICRs) to the

Office of Management and Budget (OMB). Before (ICRs) to OMB for review

and approval, EPA is soliciting comments on specific aspects of the

proposed information collections as described below.

DATES: Comments must be submitted on or before November 28, 1995.

ADDRESSES: U.S. Environmental Protection Agency, 401 M Street SW, Mail

code 2223A, OECA/OC/METD, Washington, DC 20460. A copy of these ICRs

may be obtained without charge from Sandy Farmer (202) 260-2740.

FOR FURTHER INFORMATION CONTACT:

Keith Brown at (202) 564-7124 for NSPS subpart UUU, Calciners and

Dryers in Mineral industries and NSPS

[[Page 50571]]

subpart LL, Metallic Mineral processing Plants; Tom Ripp at (202) 564-

7003 for NSPS subpart J, Petroleum Refineries; and Maria Malave at (202

564-7027 for NSPS subpart N, Primary Emissions from Basic Oxygen

Process Furnaces and NSPS subpart Na, Basic Oxygen Process Stellmaking

Facilities. The fax number for all contacts is (202) 564-0050.

SUPPLEMENTARY INFORMATION:

Affected Entities: Entities potentially affected by this action are

those which are subject to NSPS subpart UUU, Calciners and Dryers in

Mineral Industries; NSPS subpart LL, Metallic Mineral Processing

Plants; NSPS subpart J, Petroleum Refineries; NSPS subpart N, Primary

Emissions from Basic Oxygen Process Furnaces; and NSPS subpart Na,

Basic Oxygen Process Steelmaking Facilities.

NSPS Subpart UUU, Calciners and Dryers in Mineral Industries

Affected Entities: are those which are subject to NSPS subpart UUU,

Calciners and Dryers in Mineral Industries with the exceptions listed

in 40 CFR 60.730 (a) and (b).

Title: NSPS subpart UUU, Calciners and Dryers in Mineral

Industries, OMB number 2060-0251, expires March 31, 1996.

Abstract: This ICR contains recordkeeping and reporting

requirements that are mandatory for compliance with 40 CFR Part 60.730,

Subpart UUU, New Source Performance Standards for Calciners and Dryers

in Mineral Industries. This information notifies the Agency when a

source become subject to the regulations, and informs the Agency that

the source is in compliance when it begins operation. The Agency is

informed of the sources; compliance status by semiannual reports. the

calibration and maintenance requirements aid in a source remaining in

compliance

In the Administrator's judgement, particulate matter from calciners

and dryers cause or contribute to air pollution that may reasonably be

anticipated to endanger public health or welfare. Therefore, New Source

Performance Standards have been promulgated for this source category as

required under Section 111 of the Clean Air Act.

The control of emissions of particulate matter requires not only

the installation of properly designed equipment, but also the proper

operation and maintenance of that equipment. These standards rely on

the capture of pollutants vented to a control device.

Owners or operators of calciners and dryers subject to NSPS are

required to make initial notifications for construction, startup, and

performance testing. They must also report the results of a performance

test, and demonstration of a continuous monitoring system if

applicable. After the initial recordkeeping and reporting requirements,

semiannual reports are required if there has been an exceedance of

control device operating parameters.

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 malfunction in the operation of

the air pollution control device, or any periods during which the

monitoring system is inoperative. These notifications, reports and

records are required in general, of all sources subject to NSPS.

Forty three new facilities are estimated to become subject to NSPS

subpart UUU annually. Of those facilities 23 are expected to be exempt

from any monitoring requirements and will only have to comply with

initial notifications and performance tests.

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 are listed in 40 CFR Part 9.

The EPA would like to solicit comments to:

(i) Evaluate whether the proposed collection of information is

necessary for the proper performance of the functions of the agency,

including whether the information will have practical utility;

(ii) evaluate the accuracy of the agency's estimate of the burden

of the proposed collection of information, including the validity of

the methodology and assumptions used;

(iii) enhance the quality, utility, and clarity of the information

to be collected; and

(iv) minimize the burden of the collection of information on those

who are to respond, including through the use of appropriate automated

electronic, mechanical, or other technological collection techniques or

other forms of information technology, e.g., permitting electronic

submission of responses.

Burden Statement: The current ICR estimates the cost per respondent

for the first year to be $15,850. This is based on a total average

annual burden of 21,636 person hours for 43 respondents with an average

wage of $15 per hour and 110% overhead. The burden for future years is

greatly reduced because the initial notifications and initial

performance tests are not required in subsequent years. This burden can

range from 0 hours to 78 hours depending on the type of calciner or

dryer employed and the monitoring requirements associated with that

piece of equipment. This estimate 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; 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.

The following is a breakdown of burden used in the ICR. Burden is

calculated as two hours for respondents to write the reports for;

notification of construction of reconstruction, notification of

physical or operational changes, notification of anticipated startup,

notification of actual startup, notification of initial performance

test, notification of demonstration of COM. The ICR uses 330 burden

hours for the initial performance test. It is assumed that 20% of all

affected facilities will have to repeat performance tests. The ICR uses

one hundred burden hours for demonstration of COM, and eighteen hours

for Method 9. These are all one time only burdens. Four hours are used

for semiannual recalibration of the COM.

The recordkeeping burden is estimated to be 1.5 hours to enter

records of startup, shutdown, and malfunction. It is assumed this will

take place four times a year, with shutdowns twice a year for

maintenance and twice a year for process malfunction. Records of

information required by NSPS subpart UUU are estimated to take 1.5

hours to record and will be recorded 48 times a year, assuming 48 weeks

a year of operation. No additional third party burden is relevant.

NSPS Subpart LL, Metallic Mineral Processing Plants

Title: NSPS subpart LL, Metallic Mineral Processing Plants, OMB

number 2060-0016, expires March 31, 1996.

Affected Entities: are listed at 40 CFR 60.380 (a), (b), and (c).

Abstract: This ICR contains recordkeeping and reporting

requirements that are mandatory for compliance with 40 CFR Part 60.380

Subpart LL, New Source Performance

[[Page 50572]]

Standards for Metallic Mineral Processing Plants. This information

notifies the Agency when a source becomes subject to the regulations,

and informs the Agency that the source is in compliance when it begins

operation.

In the Administrator's judgment, particulate matter from the

processing of metallic minerals cause or contribute to air pollution

that may reasonably be anticipated to endanger public health or

welfare. Therefore, New Source Performance Standards have been

promulgated for this source category as required under Section 111 of

the Clean Air Act.

The control of emissions of particulate matter requires not only

the installation of properly designed equipment, but also the proper

operation and maintenance of that equipment. These standards rely on

the capture of pollutants vented to a control device.

Owners or operators of Metallic Mineral Processing Plants subject

to NSPS are required to make initial notifications for construction,

startup, and performance testing. They must also report the results of

a performance test, and demonstration of a continuous monitoring system

if applicable. 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 malfunction in

the operation of the air pollution control device, or any periods

during which the monitoring system is inoperative. These notifications,

reports and records are required in general, of all sources subject to

NSPS. NSPS subpart LL does not have any additional reporting

requirements.

Any 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 are listed in 40 CFR Part 9.

The EPA would like to solicit comments to:

(i) evaluate whether the proposed collection of information is

necessary for the proper performance of the functions of the agency,

including whether the information will have practical utility;

(ii) evaluate the accuracy of the agency's estimate of the burden

of the proposed collection of information, including the validity of

the methodology and assumptions used;

(iii) enhance the quality, utility, and clarity of the information

to be collected; and

(iv) minimize the burden of the collection of information on those

who are to respond, including through the use of appropriate automated

electronic, mechanical, or other technological collection techniques or

other forms of information technology, e.g., permitting electronic

submission of responses.

Burden Statement: At the writing of the previous ICR there were 15

sources currently subject to the standards. It is estimated that 1.4

additional sources per year will become subject to the standard. The

current ICR estimates the cost per respondent to be $3,232 for the

initial year. This is based on a total average annual burden of 1,911

person hours for 18 respondents with an average wage of $14.50 per hour

and 110% overhead.

The following is a breakdown of burden used in the ICR. Burden is

calculated as two hours for respondents to write the reports for;

notification of construction or reconstruction, notification of

physical or operational changes, notification of anticipated startup,

notification of actual startup, notification of initial performance

test, notification of demonstration of COM. Initial performance tests

are allocated 330 burden hours. It is assumed that 20% of all affected

facilities will have to repeat performance tests. The ICR allocates

four hours for Method 9. These are all one time only burdens.

Recordkeeping is the only ongoing burden associated with this ICR.

The recordkeeping burden is estimated to be 15 minutes to enter records

of operating parameters. It is assumed that the plant will operate 250

days a year, therefore, this information will be recorded 250 times a

year. There is no additional third party burden relevant to this ICR.

NSPS Subpart J: Standards of Performance for Petroleum Refineries

Title: NSPS subpart J: Standards of Performance for Petroleum

Refineries, OMB number 2060-0022, expires March 31, 1996.

Affected Entities: Entities potentially affected by this action are

fluid catalytic cracking unit catalyst regenerators, fuel gas

combustion devices and all Claus sulfur recovery plants except Claus

plants of 20 long tons per day or less at petroleum refineries.

Abstract: Owners or operators of the affected facilities described

must make the following one-time-only reports: Notifications of the

anticipated and actual date of startup, notification of the date of

construction or reconstruction, notification of any physical or

operational change to an existing facility which may increase the

emission rate of any regulated air pollutant, notification of the date

upon which demonstration of the continuous monitoring system

performance commences, notification of the date of the initial

performance test, and results of the performance tests.

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 malfunction in the operation of

the air pollution control device, or any periods during which the

monitoring system is inoperative. These notifications, reports and

records are required in general, of all sources subject to NSPS.

Recordkeeping and reporting requirements specific to refineries

consist mainly of recording the average coke burn-off rate, the rate of

fuel combustion, and the hours of operation on a daily basis. The owner

or operator is also required to install a continuous emission monitor

and record the emission levels of opacity, carbon monoxide, and sulfur

dioxide or hydrogen sulfide. Owners or operators are required to report

all periods of emissions in excess of the standard.

In the Administrator's judgment, particulate matter, carbon

monoxide and sulfur dioxide from petroleum refineries cause or

contribute to air pollution that may reasonably be anticipated to

endanger public health or welfare. Therefore, New Source Performance

Standards have been promulgated for this source category as required

under Section 111 of the Clean Air Act.

The control of emissions of particulate matter, carbon monoxide and

sulfur dioxide from petroleum refineries requires not only the

installation of properly designed equipment, but also the proper

operation and maintenance of the that equipment. These standards rely

on the capture of pollutants vented to a control device.

To ensure compliance with these standards, the required records and

reports are necessary to enable the Administrator: (1) To identify new,

modified, or reconstructed sources subject to the standard; (2) to

ensure that the emission limits are being achieved; and (3) to ensure

that emission reduction systems are being operated and maintained

properly. In the absence of such information collection requirements,

enforcement personnel would be unable to determine whether the

standards are being met on a continuous basis, as required by the Clean

Air Act and in accordance with any applicable permit.

An Agency may not conduct or sponsor, and a person is not required

to

[[Page 50573]]

respond to, a collection of information unless it displays a currently

valid OMB control number. The OMB control numbers for EPA's regulations

are listed in 40 CFR Part 9.

The EPA would like to solicit comments to:

(i) evaluate whether the proposed collection of information is

necessary for the proper performance of the functions of the agency,

including whether the information will have practical utility;

(ii) evaluate the accuracy of the agency's estimate of the burden

of the proposed collection of information, including the validity of

the methodology and assumptions used;

(iii) enhance the quality, utility, and clarity of the information

to be collected; and

(iv) minimize the burden of the collection of information on those

who are to respond, including through the use of appropriate automated

electronic, mechanical, or other technological collection techniques or

other forms of information technology, e.g., permitting electronic

submission of responses.

Burden Statement: The Agency computed the burden for each of the

recordkeeping and reporting requirements applicable to the industry for

the currently approved 1992 Information Collection Request (ICR). Where

appropriate, the Agency identified specific tasks and made assumptions,

while being consistent with the concept of burden under the Paper

Reduction Act.

The estimate was based on the assumption that there would be seven

new affected facilities each year and that there was an average of 146

sources in existence for the three years covered by the ICR. For the

new sources, it was estimated that it would take: seven person-hours to

read the instructions, 3890 person-hours to gather the information to

write the initial reports and 1285 person-hours to conduct the initial

performance tests (assuming that 20% of the tests must be repeated).

For all sources, it was estimated that it would take: 146 person-hours

to fill out quarterly and semiannual emission reports (assuming 65% of

the sources will have at least one quarter with excess emissions and

that 35% of the sources will have to report semiannually.) and 12,775

person-hours to enter information for records of operating parameters

(assuming a source operates 350 days per year and that it takes .25

hours per occurrence).

The average annual burden to industry over the past three year

period from recordkeeping and reporting requirements had been estimated

at 18,103 person-hours. The respondents costs was calculated on the

basis of $14.50 per hour plus 110 percent overhead. The average annual

burden to industry over the past three years was estimated to be

$551,236.

This estimate 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; 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. For the new ICR, cost estimates for the

required monitoring systems will need to be included in the overall

burden estimate. No additional third party burden is relevant to this

ICR.

NSPS Subpart N: New Source Performance Standards (NSPS) for Basic

Oxygen Process Furnaces and NSPS Subpart Na: New Source Performance

Standards (NSPS) for Basic Oxygen Process Furnaces at Steelmaking

Facilities.

Title: NSPS Subpart N, Na: New Source Performance Standards (NSPS)

for Basic Oxygen Process Furnaces; OMB No. 2060-0029; Expiration Date--

March 31, 1996.

Affected Entities: Entities potentially affected by this action are

each basic oxygen process furnace (BOPF) in a steel plant (Subpart N--

addresses primary emissions from BOPF), and any top-blow BOPF and hot

metal transfer station or skimming station used for a bottom-blown or

top-blown BOPF (Subpart Na--addresses secondary emission from BOPF).

Abstract: The EPA is charged under Section 111 of the Clean Air

Act, as amended, to establish standards of performance for new

stationary sources based on the best demonstrated technology (BDT).

Section 111 also requires that the Administrator review, and, if

appropriate revise such standards every four years. In addition,

Section 114(a) states that:

* * * the Administrator may require any owner or operator

subject to any requirement of this act to: (1) Establish and

maintain such records, (2) make such reports, (3) install, use and

maintain such monitoring equipment or methods (in accordance with

such methods at such locations, at such intervals, and in such

manner as the Administrator shall prescribe), (4) provide such

other, information, as he may reasonably require.

New Source Performance Standards were promulgated for basic oxygen

process furnaces on June 11, 1973 and amended on January 2, 1986 to

include both primary emissions and secondary emissions from these

sources. An opacity limit was promulgated on April 13, 1978, as a

supplement to the mass standard. In the Administrator's, judgment,

these standards were required to address particulate matter emissions

from BOPFs in iron and steel plants which contribute to air pollution

that may reasonably be anticipated to endanger public health or

welfare.

To ensure compliance with such standards adequate recordkeeping is

necessary. In the absence of such information enforcement personnel

would be unable to determine whether the standards are being met on a

continuous basis, as required by the Clean Air Act.

The Standards require daily recordkeeping to document process

information relating to the time and duration of each steel production

cycle and any diversion of exhaust gases from the main stack servicing

the BOPF, as well as, of the various rates or levels of exhaust

ventilation at each phase of the cycle through each duct of the

secondary emission capture system (specified in 40 CFR 60.143, and 40

CFR 60.143a). Generally, this information will be readily available

because it is needed for plant records. Therefore, there is no

increased burden to industry on this requirement. Information on

pressure losses through the venturi constriction of the control

equipment, and water supply pressure to the control equipment would be

recorded continuously for facilities using venturi scrubbers, thus

enabling owners and operators to demonstrate compliance with the

standards. This information will be used to compare recorded pressures

to those pressures measured during performance test so that comparisons

can be made to their emissions thus ensuring continuous compliance with

the standard. The semiannual reporting requirement (specified in 40 CFR

60.143(c) and 60.143a (d) & (e)) for monitoring results (i.e., pressure

loss through the venturi constriction of the scrubber and water supply

pressure to the scrubber) which average more than ten percent below

performance test results provides a good indication of a source's

compliance status. EPA reduced the reporting frequency for this

information from quarterly to semiannually in a December 1990 Federal

Register Notice. The

[[Page 50574]]

reduction in reporting frequency was respondent to the Office of

Management and Budget's (OMB's) previous questions regarding the need

for quarterly versus semiannual reporting.

The standards require initial notification reports with respect to

construction, modification, reconstruction, startups, shutdowns, and

malfunctions (specified in 40 CFR 60.7(a)).

Notification of construction and startup indicated to enforcement

personnel when a new affected facility has been constructed and,

therefore, is subject to the standard.

Under the standard, the data collected by the affected industry is

retained at the facility for a minimum of two years.

As mentioned above, if the information required by the standards

were not collected, the Agency would have no means for ensuring that

compliance with the NSPS is achieved and maintained by new, modified,

or reconstructed sources subject to the regulations. An owner or

operator could elect to reduce operating expenses by not installing,

maintaining, or otherwise operating the control technology required by

the standards. In the absence of the information collection

requirements, compliance with the standards could be ensured only

through continuous on-site inspections by regulatory agency personnel.

Consequently, not collecting the information would result in either

greatly increased expenditures of resources, or the inability to ensure

compliance with the standards.

The information collected from recordkeeping and reporting

requirements is also used for targeting inspections, and is of

sufficient quality to be used as evidence in court.

All reports are sent to the delegated State or local level

authority. In the event that there is no such delegated authority, the

reports are sent directly to the EPA Regional Office.

In addition to reviewing notifications or semiannual reports, the

reviewing authority may elect to also conduct inspections. After a

notification, Agency personnel may want to conduct an inspection to

ensure that the equipment is properly installed and operated, as was

indicated in the performance test report. Agency personnel may also

conduct periodic inspections to obtain additional data, as a check for

source operation and maintenance and for compliance determinations.

The data that is gathered from inspections is summarized and

published for internal Agency use in compliance and enforcement

programs. Information from the reports is entered into the Aerometric

Information Retrieval System (AIRS) Facility Subsystem (AFS) which is

operated and maintained by EPA's Office of Air Quality, Planning and

Standards.

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 are listed in 40 CFR Part 9.

The EPA would like to solicit comments to:

(i) evaluate whether the proposed collection of information is

necessary for the proper performance of the functions of the agency,

including whether the information will have practical utility;

(ii) evaluate the accuracy of the agency's estimate of the

burden of the proposed collection of information, including the

validity of the methodology and assumptions used;

(iii) enhance the quality, utility, and clarity of the

information to be collected; and

(iv) minimize the burden of the collection of information on

those who are to respond, including through the use of appropriate

automated electronic, mechanical, or other technological collection

techniques or other forms of information technology, e.g.,

permitting electronic submission of responses.

Burden Statement: The Agency computed the burden for each of the

recordkeeping and reporting requirements applicable to the industry for

the currently approved 1992 Information Collection Request (ICR). Where

it was appropriate, the Agency identified specific tasks and made

assumptions, while being consistent with the concept of burden under

the Paper Work Reduction Act.

The estimate for reporting and recordkeeping burden 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; 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.

The estimate was based on the assumption that 14 sources were

subject to the standard and that an additional 0.6 sources per year

became subject to the standard over the past three years.

The average annual burden to industry over the past three year

period, since the currently approved ICR, from recordkeeping and

reporting requirements had been estimated at 1,547 person-hours. The

respondents costs was calculated on the basis of $14.50 per hour plus

110 percent overhead. The average annual burden to industry over the

past three years was estimated to be $47,112.

The following is a breakdown of burden used in the ICR. Burden is

calculated as two hours for respondents to write the reports for;

notification of construction or reconstruction, notification of

physical or operational changes, notification of anticipated startup,

notification of actual startup, notification of initial performance

test, notification of demonstration of COM. Initial performance tests

are allocated 72 burden hours. It is assumed that 20% of all affected

facilities will have to repeat performance tests. The ICR allocates

four hours for Method 9 tests and assumed there will be approximately

30. These are all one time only burdens. It is assumed that all sources

use venturi scrubbers for pollution control and half of the affected

facilities have reportable low pressures. Ten burden hours are assumed

for the low pressure measurement report.

Recordkeeping is the only ongoing burden associated with this ICR.

The recordkeeping burden is estimated to be 15 minutes to enter records

of operating parameters. It is assumed that the plant will operate 365

days a year, therefore, this information will be recorded 365 times a

year. There is no additional third party burden relevant to this ICR.

Dated: September 22, 1995.

Eric Schaeffer,

Acting Director, Office of Compliance Official.

FR Doc. 95-24275 Filed 9-28-95; 8:45 am]

BILLING CODE 6560-50-M