Agency Information Collection Activities: Proposed Collection; Comment Request; See List of ICRs Planned To Be Submitted in Section A

Federal RegisterAug 16, 1999

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6421-4]

Agency Information Collection Activities: Proposed Collection;

Comment Request; See List of ICRs Planned To Be Submitted in Section A

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 document announces that EPA is planning to submit the

following three continuing Information Collection Requests (ICR) to the

Office of Management and Budget (OMB). Before submitting the ICRs to

OMB for review and approval, EPA is soliciting comments on specific

aspects of the information collections as described at the beginning of

Supplementary Information.

DATES: Comments must be submitted on or before October 15, 1999.

ADDRESSES: U.S. Environmental Protection Agency, Mail code 2223A, OECA/

OC/METD, 401 M Street, SW., Washington, D.C. 20460. A hard copy of an

ICR may be obtained without charge by calling the identified

information contact individual for each ICR in section B of the

Supplementary Information.

FOR FURTHER INFORMATION CONTACT: For specific information on the

individual ICRs see section B of the Supplementary Information.

SUPPLEMENTARY INFORMATION:

For All ICRs

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

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

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

are displayed 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;

(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 automated collection

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

electronic submission of responses.

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.

A. List of ICRs Planned to be Submitted

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

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

following three continuing Information Collection Requests (ICR) to the

Office of Management and Budget (OMB):

(1) NSPS subpart L; New Source Performance Standards (NSPS) for

Secondary Lead Smelters (40 CFR part 60, subpart L); EPA ICR No

1128.05, OMB Control No. 2060-0080; Expires 01/31/00.

(2) NSPS subparts KKK and LLL, New Source Performance Standards

(NSPS) for Equipment Leaks of VOC from Onshore Natural Gas Processing

Plants (40 CFR part 60, subpart KKK) and New Source Performance

Standards (NSPS) for Onshore Natural Gas Processing: SO2 emissions (40

CFR part 60, subpart LLL); EPA ICR No 1086.05, OMB Control No. 2060-

0120; Expires 01/31/00.

(3) MACT subpart L; National Emission Standards for Coke Oven

Batteries (40 CFR part 63, subpart L); EPA ICR No 1362.04, OMB Control

No. 2060-0253; Expires 12/31/99.

B. Contact Individuals for ICRs

(1) NSPS subpart L; New Source Performance Standards (NSPS) for

Secondary Lead Smelters (40 CFR part 60, subpart L); Deborah Thomas at

(202) 564-5041 or via E-mail at [email protected]; EPA ICR No.

1128.05, OMB Control No. 2060-0080; Expires 01/31/00.

(2) NSPS subparts KKK and LLL, New Source Performance Standards

(NSPS) for Equipment Leaks of VOC from Onshore Natural Gas Processing

Plants (40 CFR part 60, subpart KKK) and New Source Performance

Standards (NSPS) for Onshore Natural Gas Processing: SO2

emissions (40 CFR part 60, subpart LLL); Dan Chadwick at (202) 564-7054

or via E-mail at [email protected]; EPA ICR No. 1086.05, OMB Control

No. 2060-0120; Expires 01/31/00.

(3) MACT subpart L; National Emission Standards for Coke Oven

Batteries (40 CFR part 63, subpart L; Maria Malave at (202) 564-7027 or

via E-mail to [email protected]. EPA ICR No. 1362.04, OMB Control

No. 2060-0253; Expires 12/31/99.

Information may also be acquired electronically through the

Internet Web site at www.epa.gov/fedrgstr.

C. Individual ICRs

(1) NSPS subpart L; New Source Performance Standards (NSPS) for

Secondary Lead Smelters (40 CFR part 60, subpart L); EPA ICR No.

1128.05, OMB Control No. 2060-0080; Expires 01/31/00.

Affected Entities: Entities potentially affected by this action are

secondary lead smelters. Specifically, the affected facility in each

smelter is any pot furnace of more than 250 kg charging capacity, blast

(cupola) furnaces, and reverberatory furnaces.

Abstract: Secondary lead smelters produce elemental lead from

scrap, providing the primary means for recycling lead-acid batteries

(automotive) into useable products. Currently upwards of 95% of all

lead-acid batteries are recycled by these facilities. Secondary lead

smelters emit lead and non-lead particulate matter in quantities that,

in the Administrator's judgement, cause or contribute to air pollution

that may endanger public health or welfare. Consequently, New Source

Performance Standards were promulgated for this source category. These

standards rely on the proper installation, operation and maintenance of

particulate control devices such as electrostatic precipitators or

scrubbers.

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In order to ensure compliance with the standards, adequate

recordkeeping and reporting is necessary. This information enables the

Agency to: (1) identify the sources subject to the standard; (2) ensure

initial compliance with emission limits; and (3) verify continuous

compliance with the standard. Specifically, the rule requires an

application for approval of construction, notification of startup,

notification and report of the initial emissions test, and notification

of any physical or operational change that may increase the emission

rate. In addition, sources are required to keep records of all

startups, shutdowns, and malfunctions.

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. Consequently, these information collection requirements are

mandatory, and the records required by this NSPS must be retained by

the owner or operator for two years. In general, the required

information consists of emissions data and other information deemed not

to be private. However, 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 39999, September 8,

1978; 43 FR 42251, September 28, 1978; 44 FR 17674, March 23, 1979).

Burden Statement: In the previously approved ICR, the average

annual burden to industry to meet these record-keeping and reporting

requirements was estimated at 34.5 person-hours. This is based on an

estimated 23 respondents. The average annual burden for reporting only

is projected to be less than 10 hours. This is because virtually all

reporting requirements apply to new facilities only, and no new

secondary lead smelters are anticipated over the next three years.

There is a chance that some existing facility might need to report a

physical or operational change; however, these reports are very rare,

and might only involve one facility over the three-year period, with a

burden of less than 10 hours.

(2) NSPS subparts KKK and LLL, New Source Performance Standards

(NSPS) for Equipment Leaks of VOC from Onshore Natural Gas Processing

Plants (40 CFR part 60, subpart KKK) and New Source Performance

Standards (NSPS) for Onshore Natural Gas Processing: SO2

emissions (40 CFR part 60, subpart LLL); EPA ICR No. 1086.05, OMB

Control No. 2060-0120; Expires 01/31/00.

Affected Facilities: Those entities which process natural gas

onshore and are subject to NSPS subpart KKK and or NSPS subpart LLL.

Abstract: There are 586 facilities subject to NSPS subpart KKK and

62 subject to NSPS subpart LLL. There is no expected growth rate in the

onshore natural gas processing industry. Subpart KKK regulates VOC

emissions and subpart LLL regulates SO2 emissions. In the

Administrator's judgement these pollutants cause or contribute to air

pollution that may endanger public health or welfare. Consequently, New

Source Performance Standards were promulgated for this source category.

These standards rely on the proper installation, operation and

maintenance of particulate control devices and leak detection and

repair protocols.

In order to ensure compliance with the standards, adequate

recordkeeping and reporting is necessary. This information enables the

Agency to: (1) identify the sources subject to the standard; (2) ensure

initial compliance with emission limits; and (3) verify continuous

compliance with the standard. Specifically, the rule requires an

application for approval of construction, notification of startup,

notification and report of the initial emissions test, and notification

of any physical or operational change that may increase the emission

rate. In addition, sources are required to keep records of all

startups, shutdowns, and malfunctions. Recordkeeping requirements for

subpart KKK affected facilities follows a general leak detection

program regimen. It consists of inventorying the applicable pumps,

pressure relief devices, sampling connections, valves, flanges and

compressors; taking note of any leaks found at these pieces of

equipment; and recording information regarding repairs. In general, gas

leaks are monitored monthly and a visual inspection for liquid leaks is

performed weekly.

The initial report for facilities subject to subpart KKK is

required to be submitted within six months of affected facility

startup. This report shall identify all process units and identify all

valves, pumps, and compressors that are subject to the standards. All

subsequent reports are due semiannually. These semiannual reports shall

include information on applicable valves, pumps, and compressors,

including the amount of valves, pumps, and compressors found leaking

during the reporting period and information on repair, including the

amount of valves, pumps, and compressors that did not have leaks

repaired.

Recordkeeping requirements for subpart LLL affected facilities

involve recording the measurements and calculations regarding

determining initial and continuous SO2 emission reduction

efficiency, and periods of excess emissions must be recorded. Excess

emissions are defined as any 24-hour period during which the average

sulfur emission reduction efficiency (as measured by operating

temperature) is less than the appropriate operating temperature as

determined in the performance test. Each 24 hour period must consist of

at least 96 temperature measurements equally spaced over the 24 hours.

A semiannual report is required for facilities subject to Ssbpart LLL.

These reports shall contain information on periods of excess emissions

as defined for facilities using sulfur emission reduction efficiency

and those using CEMs.

All reports are sent to the delegated state or local authority. In

the event that there is no delegated authority, the reports are sent

directly to the EPA Regional office. Notifications are used to inform

the Agency or delegated authority when a source becomes subject to the

standards. The reviewing authority may then inspect the source to check

if the required records are being kept and the pollution control

devices have been properly installed and are being operated correctly.

Performance test reports are needed for SO2 since they serve

as the Agency's record of a source's initial capability to comply with

the SO2 standards, and provide information on the operating

conditions under which compliance was achieved. Excess emission reports

are submitted for problem identification, as a check on source

operation and maintenance, and for compliance determinations.

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. Consequently, these information collection requirements are

mandatory. Records of the calculations and measurements required to

show applicability and compliance with the standard and compliance with

monitoring requirements must be kept for at least 2 years following the

date of the measurements. This requirement is also in the general

provisions at section 60.7(d). To certify that a facility is exempt

from the control requirements of these standards, each owner or

operator of a facility with a design capacity less than 2 Long Tons per

Day (LT/D) of H2S in the acid gas shall keep, for the life

of

[[Page 44520]]

the facility, an analysis demonstrating that the facility's design

capacity is less than 2 LT/D acid gas. Each owner or operator who

elects to comply with section 60.646(e) shall keep, for the life of the

facility, a record demonstrating that the facilities design capacity is

less than 150 LT/D of H2S expressed as sulfur.

Burden Statement: The burden for NSPS subpart KKK includes 70 hours

to prepare semiannual reports, and 80 hours to file and maintain

records of measurements. The total burden hours for NSPS subpart KKK is

31,020. The burden for NSPS subpart LLL includes 16 hours to write the

excess emissions report, Two hours to implement activities, 30 min to

maintain records of start-up, shut-down, and/or malfunction, 1.5 hours

to record the required monitoring measurements, and 2 hours for the

capacity data records. The total burden hours for NSPS subpart LLL is

15,012. The total for both subparts combined is 46,032 hours.

(3) MACT subpart L; National Emission Standards for Coke Oven

Batteries (40 CFR part 63, subpart L; EPA ICR No 1362.04, OMB Control

No. 2060-0253; Expires 12/31/99.

Affected Entities: These standards apply to owners or operators of

by-product and non-recovery coke oven batteries, whether existing, new,

reconstructed, rebuilt or restarted. It also applies to all batteries

using the conventional by-product recovery, the nonrecovery process, or

any new recovery process. Applicability dates vary depending on the

emission limitation the affected facility is subject to.

Abstract: The National Emissions Standards for Coke Oven Batteries

were proposed on December 4, 1992 and promulgated on October 27, 1993.

Under this rule, all existing batteries must choose a compliance track.

Three compliance approaches are available under the rule: the ``MACT

(Maximum Achievable Control Technology) track,'' the ``LAER (Lowest

Achievable Emission Rate) extension track,'' and straddling both tracks

(until January 1, 1998).

Owners or operators of coke oven batteries, whether existing, new,

reconstructed, rebuilt or restarted, are required to comply with the

following monitoring, recordkeeping and reporting requirements.

Monitoring requirements include: daily monitoring of coke oven

batteries by a certified observer for each emission point and calculate

the 30-run rolling average; daily performance tests for each coke oven

battery are needed to determine compliance with the visible emission

limitations for coke oven doors, topside port lids, offtake systems,

and charging operations; monitoring of pollution control equipment

operation and maintenance (e.g., flare system); and daily inspection of

the collecting main for leaks according to Method 303. The

recordkeeping requirements include: maintain records of the startup,

shutdown, or malfunction plan developed under section 63.310; maintain

records of the coke oven emission control work practice plan developed

under section 63.306; maintain records of maintenance and inspection on

leaks for by-product coke oven batteries; maintain records of daily

operating parameters and design characteristics for nonrecovery coke

oven batteries; maintain records of bypass/bleeder stack flare system

or an approved alternative control device; and maintain records onsite

for at least a year. Thereafter records must be accessible within three

working days upon the Administrator's request. The reporting

requirements include: submit one-time notifications to elect a

compliance track and to certify initial compliance; if applicable,

respondents also would submit one-time notifications or requests for

constructing a new, brownfield, or padup rebuild by-product coke oven

battery using a new recovery technology; restarting a cold-idle battery

shutdown prior to November 15, 1990; obtaining an exemption from

control requirements for bypass/bleeder stacks by committing to

permanent closure of a battery or using an equivalent alternative

control system for the stacks; and obtaining an alternative standard

for coke oven doors on a battery equipped with a shed; if a malfunction

occurred, respondents must notify the enforcement agency and follow up

with a written report. A report also would be required if coke oven gas

were vented through a bypass/bleeder stack and not flared as required

under the rule; report for the venting of coke oven gas other than

through a flare system; and submit semiannual compliance

certifications.

All reports are sent to the delegated State or local authority. In

the event that there is no such delegated authority, the reports are

sent directly to the EPA Regional Office. Notifications are used to

inform the Agency or delegated authority when a source becomes subject

to the standard. The reviewing authority may then inspect the source to

check if the pollution control devices are properly installed and

operated.

Based on recorded and reported information, EPA and states can

identify compliance problems and what records or processes should be

inspected at the plant. The records the plant maintains help indicate

whether plants are in compliance with the standard, reveal

misunderstanding about how the standard is to be implemented, and

indicate to EPA whether plant personnel are operating and maintaining

their process equipment properly. Specifically, the information and

data will be used by EPA and states to: identify batteries subject to

the standards; ensure that MACT and LAER are properly applied; and

ensure that daily monitoring and work practice requirements are

implemented as required. Effective enforcement of the standard is

particularly necessary in light of the hazardous nature of coke oven

emissions.

Reporting and recordkeeping requirements on the part of the

respondent are mandatory under sections 112 and 114 of the Clean Air

Act as amended. All 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 39999, September 8, 1978; 43

FR 42251, September 28, 1978; 44 FR 17674, March 23, 1979).

Burden Statement: In the previously approved ICR, the recordkeeping

and reporting burden were estimated to average $10,740 total annual

hours and 306.9 hours per respondent per year. The total annual cost

for recordkeeping and reporting was estimated to average $365,626 based

on 35 respondents. The estimated operation and maintenance cost

documented was $2,364,954 due to the total burden hours associated with

monitoring requirements (i.e., 69,469 hours). The burden has been

calculated on the basis of estimated hourly rates as follows: technical

$35, management $51, and clerical $16. There were no capital and start-

up cost since no new sources were expected over the next three years.

The total average annual burden to industry over the next three years

of the ICR is estimated to be $2,730,580.

Several general assumptions were made for both by-product batteries

and nonrecovery batteries in calculating the respondent burden

associated with this regulation, as described below. Owners or

operators of by-product batteries are required to have daily

performance tests for each emission point on each battery conducted by

a certified observer provided by the state. Therefore, respondent will

reimburse the state through permit fees for all costs associated with

daily inspections using

[[Page 44521]]

the formula provided in the standard. Other indirect costs attributable

to respondents would include the cost of observer certification. It was

assumed in this analysis that of the 34 by-product recovery plants only

10% would be required to implement the work practice procedures,

specified in the work practice plan, which is require following the

second independent exceedance of an applicable visible emission

limitation for an emission point. It was also assumed in the analysis

that 10% of the 34 by-product plants would experience a venting episode

where emissions are released through bypass/bleeder stacks without

flaring and, therefore, require to submit a notification and written

report to EPA. The nonrecovery plants are not required to use a

certified observer to monitor the oven pressure to control emissions

from coke oven doors. However, nonrecovery plants are subject to work

practices for charging operations for which they need to keep records.

Other specific assumptions made in calculating the burden estimate

analysis include: (1) One plant per year will submit a notification for

construction or reconstruction, use of new recovery technology, and

startup of cold-idle batteries; (2) the enforcement agency will receive

requests for an alternative door standard; (3) 1 plant would

permanently close batteries and would be required to submit a

notification; (4) 1 plant will submit a compliance certification, all

existing plants have already submitted by the required date initial

compliance certifications; (5) all plants will submit semiannual

compliance certifications; (6) 20% of the 35 existing plants had

initially selected to comply with the LAER extension compliance track

or to straddle both the MACT and LAER compliance track, and would have

to submit by January 1998 a notification on whether they want to

continue this extension track until the end of the allowable period or

comply with the 1995 MACT limits and residual risk standards; (7) no

requests for an alternative control system would be submitted to the

enforcement agency; and (8) 2 of the 35 existing plants may experience

malfunction and, therefore are required to submit a notification and a

written report to the enforcement agency.

Dated: August 6, 1999.

Ken Gigliello,

Acting Director, Manufacturing Energy, and Transportation Division.

[FR Doc. 99-21167 Filed 8-13-99; 8:45 am]

BILLING CODE 6560-50-P

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