# Agency Information Collection Activities

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/fr%3A97-22070

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** August 20, 1997
- **Citation:** 62 FR 44271

## Text

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5878-1]

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

[[Page 44272]]

proposed and/or continuing Information Collection Requests (ICR) to the
Office of Management and Budget (OMB): Municipal Incinerators, NSPS
Subpart E, ICR Number 1058, OMB Control Number 2060-0040; Stationary
Gas Turbines, NSPS Supbart GG, ICR Number 1071, OMB Control Number
2060-0028; nd Benzene Equipment Leaks, NESHAP subpart V, ICR Number
1153, OMB Control Number 2060-0068. Before submitting the ICRs to OMB
for review and approval, EPA is soliciting comments on specific aspects
of the proposed information collection as described below.

DATES: Comments must be submitted on or before October 20, 1997.

ADDRESSES: Office of Enforcement and Compliance Assurance, Office of
Compliance. People interested in getting copies of this ICR or making
comments about the ICR should direct inquiries or comments to the
Office of Compliance, Mail Code 2224A, 401 M Street, SW., Washington,
DC 20460. Information may also be acquired electronically through the
Enviro$en$e Bulletin Board, (703) 908-2092 or the Enviro$en$e WWW/
Internet Address, http//wastenot.inel.gov./envirosense/. Interested
persons may obtain a copy of the ICR without charge by calling Sandy
Farmer of OPPE at (202) 260-2740.

FOR FURTHER INFORMATION CONTACT: Joyce Chandler, (202) 564-7073,
facsimile number (202) 564-0037, E-Mail: [email protected]
for NSPS Subpart E; Jordan Spooner, (202) 564-7058, facsimile number
(202) 564-0050, E-mail: [email protected] for NSPS Subpart
GG; and Rafael Sanchez, (202) 564-7028, facsimile number (202) 564-
0050, E-Mail: [email protected] for NESHAP Subpart V.

SUPPLEMENTARY INFORMATION:

NSPS (Subpart E) for Municipal Incinerators

Affected entities: Entities potentially affected by this action are
those which are subject to the New Source Performance Standards (NSPS)
for Incinerators Subpart E. The NSPS Subpart E standards of 40 CFR
60.50 apply to each incinerator with a charging rate of more than 45
metric tons per day (50 tons per day), which commenced construction,
reconstruction, or modification after August 17, 1991 and before the
proposal date of NSPS Subpart Eb. For Subpart E an incinerator is
defined as any furnace burning solid waste (refuse, more than 50
percent of which is municipal type waste) to reduce the volume of waste
by removing combustible matter. The Subpart Ea standards of CFR part 60
apply to municipal incinerators with a capacity greater than 225
megagrams per day (250 ton/day) of municipal solid waste or refuse-
derived fuel, for which construction, modification, or reconstruction
commenced between March 20, 1989 and September 20, 1994. Large
municipal waste combustors that are constructed, modified, or
reconstructed after September 20, 1994 are subject to NSPS Subpart Eb.
Title: NSPS Subpart E: New Source Performance Standards (NSPS) for
Municipal Incinerators Subpart E, OMB number 2060.0040, expires March
31, 1998.
Abstract: This ICR contains recordkeeping and reporting
requirements that are mandatory for compliance with 40 CFR part 60,
Subpart E, New Source Performance Standards for Incinerators. In the
Administrator's judgement, the particulate matter (PM) emissions 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.
Owners or operators of units subject to Subpart E must provide EPA,
or the delegated State regulatory authority, with the following one-
time-only reports: notification of the date of construction or
reconstruction; notification of the anticipated and actual dates of
startup; notification of any physical or operation change to an
existing facility which may increase the regulated pollutant emission
rate; notification of the date of the initial performance test; and the
results of the initial performance test. The recordkeeping requirements
for incinerators consist of the occurrence and duration of any startup
and malfunctions in the operation of an affected facility, and
measurements of PM emissions. The recordkeeping requirements include
the initial performance test results including information necessary to
determine the conditions of the performance test, and performance test
measurements and results, including conversion factors and measurements
of PM emissions. Owners or operators must also maintain records of
daily charging rate and hours of operation. Records of startup,
shutdowns, and malfunctions should be noted as they occur. Any owner or
operator subject to this part shall maintain a file of these
measurements, and retain the file for at least two years following the
date of such measurements, maintenance reports, and records. These
notifications, reports and records are required, in general, of all
sources subject to NSPS. The notification and reports enable EPA or the
delegated State regulatory authority to determine that the proper
technology is installed and properly operated and maintained and to
schedule inspections. This information notifies the Agency when a
source becomes subject to the regulations and informs the Agency of the
sources's compliance status when it begins operation. Performance test
reports are needed as these are the Agency's record of a source's
initial capability to comply with the emission standard, and note the
operating conditions under which compliance was achieved.
The EPA is charged under section 111 of the Clean Air Act, as
amended, to establish standards of performance for new stationary
sources. The standards must reflect application of the best
technological system of continuous emission reductions. Such reductions
should take into consideration the cost of achieving emission
reduction, or any non-air quality health and environmental impact and
energy requirements.
Any information submitted to the Agency for which a claim of
confidentiality is made will be safeguarded according to the Agency
policies set forth in Title 40, Chapter 1, part 2, subpart B--
Confidentiality of Business Information (see 40 CFR part 2; 41 FR
36902, September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43
FR 42251, September 20, 1978; 44 FR 1764, March 23, 1979).
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 and 48 CFR Chapter 15.
The EPA would like to solicit comments to:
(i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the function 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

[[Page 44273]]

are to respond, including 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 average annual burden to the industry over
the next three years from these recordkeeping and reporting
requirements is estimated at 8,277 person-hours. Respondents costs
generally can be calculated on the basis of $14.50 per hour, plus 110
percent overhead. The average annual burden to the industry over the
next three years of the ICR is estimated to be $252,035. This is based
on an estimated 93 respondents, with no new incinerators subject to
Subpart E in the next three years of the ICR. New municipal
incinerators capable of combusting more than 225 megagrams per day
where construction is commenced after September 20, 1994, or
reconstruction or modification is commenced after June 19, 1996, will
be subject to NSPS subpart Eb.
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 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.

NSPS Subpart GG: Stationary Gas Turbines

Affected entities: Entities potentially affected by this action are
those stationary gas turbines with a heat input at peak load equal to
or greater than 10.7 gigajoules per hour, based on the lower heating
value of the fuel fired. Any facilities using stationary gas turbines
which commence construction, modification, or reconstruction after
October 3, 1977 are also potentially affected.
There are several exceptions to the standard. One exception
includes those turbines with a heat input at peak load equal to or
greater than 10.7 gigajoules per hour (10 million Btu/hr) but less than
or equal to 107.2 gigajoules per hour (100 million Btu/hour) based on
the lower heating value of the fuel fired, and that have commenced
construction prior to October 3, 1982. Another exception includes those
turbines with a heat input at peak load greater than 107.2 gigajoules
per hour that commenced construction, modification, or reconstruction
between the dates of October 3, 1977, and January 27, 1982, except for
electric utility gas turbines. Additional exemptions are specified in
detail at 40 CFR 60.332, Standard for Nitrogen Oxides.
Title: NSPS for Stationary Gas Turbines, OMB number 2060-0028,
expires January 31, 1998.
Abstract: The New Source Performance Standards (NSPS) for
stationary gas turbines (GG) were promulgated on September 10, 1979 to
regulate the emissions of Nitrogen Oxide (NOX) and Sulfur
Dioxide (SO2) into the ambient air supply. The EPA is
charged under section 111 of the Clean Air Act of 1990, as amended, to
establish these standards for new stationary sources that reflect
application of the best demonstrated technology. In addition, section
114(a) of the Clean Air Act provides for monitoring, recordkeeping, and
reporting requirements for these standards.
Owners or operators of affected facilities must make one-time-only
reports which include the following notifications: date of
construction/reconstruction; anticipated and actual dates of start-up;
any physical or operational change which may increase the
SOX or NOX emission rates; commencement date for
the continuous monitoring system performance demonstration; and date
and results of the initial performance test. Plant owners or operators
must also provide semi-annual reports of excess emissions, as
promulgated in the December 13, 1990 Federal Register, 55 FR 51378.
Owners or operators must maintain records of the occurrence and
duration of any start-up, shutdown, or malfunction in operations, or
any periods during which the monitoring system is inoperative.
Recordkeeping is also required to document process information
regarding the: sulfur and nitrogen content of the fuel; fuel:water
ratio; rate of fuel consumption; and ambient conditions. This latter
recordkeeping function involves daily measurements from the continuous
monitoring system to monitor ambient conditions, and to record the fuel
consumption and the ratio of water to fuel being fired in the turbine
only for plants which use water or steam injection to control
NOX emissions. There is generally no additional burden on
the owner/operator to provide this information because adequate
recordkeeping is required of plant operations.
It is important to note that if these data and reports are not
collected, the Agency has no means for ensuring that compliance with
the standards is being achieved and/or maintained by the new, modified,
or reconstructed sources which are subject to regulation. In the
absence of 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. In
addition to the purposes mentioned above, this kind of information is
used for targeting plants for inspections and as evidence when
compliance cases are taken to court.
It is also important to note that 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. Any information submitted to the Agency for which a claim of
confidentiality is requested will be safeguarded according to the
Agency policies set forth in Title 40, Chapter 1, part 2, subpart B:
Confidentiality of Business Information (see 40 CFR part 2; 41 FR
36902, September 1, 1976; amended by 43 FR 39999, September 8, 1978; 43
FR 42251, September 28, 1978; 44 FR 17674, March 23, 1979).
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.

[[Page 44274]]

Burden Statement: The average annual burden to the industry over
the next three years from these recordkeeping and reporting
requirements is estimated at 76,681.25 person-hours. This is based on
an estimated 550 sources currently subject to the standard, and an
additional 50 sources per year over the next three years. 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.

NESHAP Subpart V: Benzene for Equipment Leaks (Fugitive Emission
Sources)

Affected entities: Entities affected by this action are those
owners or operators of process units operating in volatile hazardous
air pollutant (VHAP) service (those containing or contacting fluids
(liquid or gas) consisting by weight of at least 10 percent VHAP).
Title: NESHAP for Equipment Leaks (Fugitive Emission Sources), OMB
number 2060-0068, expires March 31, 1998.
Abstract: The standards apply to fugitive emissions from equipment
sources operating in VHAP service (containing or contacting fluids with
at least 10 percent VHAP by weight). More specifically, it applies to
each of the following sources that are intended to operate in VHAP
service: pumps; compressors; pressure relief devices; sampling
connection systems; open-ended valves or lines; valves, flanges and
other connectors; product accumulator vessels; and control devices or
systems that contain or contact fluids (liquid or gas) consisting by
weight of at least 10 percent VHAP.
Owners or operators of the affected process units must make the
following one-time-only reports: application for approval of
construction or modification; notification of startup; application of
waiver of testing (if desired by source); application for equivalency
(if desired by source); and an initial report, which is to include a
list of the equipment installed for compliance, a description of the
physical and functional characteristics of each piece of equipment, a
description of the methods which have been incorporated into the
standard operating procedures for measuring or calculating emissions,
and a statement that the equipment and procedures are in place and are
being used.
Owners or operators are also required to submit semiannual reports
of the number of valves, pumps, and compressors for which leaks were
detected, and explanations for any leak repair delays.
Generally, the one-time-only reports are required of all sources
subject to the NESHAP. However, the recordkeeping and other reporting
requirements are specific to the provisions of Subpart V (Equipment
Leaks Standards). To fulfill the recordkeeping requirement, affected
process units must be monitored to detect leaks by Method 21 of
Appendix A of 40 CFR part 60. The recordkeeping requirements of
Sec. 61.246 apply to leaks detected from pumps, compressors, valves,
flanges, and pressure relief devices. Pumps are checked visually each
calendar week, and pertinent information on each unit is recorded in a
log, required in Sec. 61.246(e). Compressor sensors are checked daily,
and valves are monitored monthly. Recordkeeping requirements for these
units are in effect only when a leak is detected (Secs. 61.242-3, 242-
7). Action taken to repair leaks must also be recorded and kept on file
in a readily accessible location.
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 and 48 CFR Chapter 15.
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;
(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
collection techniques or other forms of information technology, e.g.,
permitting electronic submission of responses.
Burden Statement: The majority of industry costs associated with
the information collection activity in the standards are labor costs.
The respondent costs have been calculated on the basis of $14.50 per
hour plus 110 percent overhead. The current average annual burden to
industry over the next three years is estimated to be $716,762. The
current annual burden to industry over the next three years from these
reporting and recordkeeping requirements is estimated to be 23,539
person-hours. The estimated number of likely respondents within the
term of this ICR is 200. The estimated average burden hours per
response is 30.
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;
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.

Dated: August 8, 1997.
Bruce R. Weddle,
Acting Director, Office of Compliance.
[FR Doc. 97-22070 Filed 8-19-97; 8:45 am]
BILLING CODE 6560-50-P

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A97-22070. Public record. Not legal advice.