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SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

NESHAP for Mercury (40 CFR Part 61, Subpart E) (Renewal)

1. Identification of the Information Collection

1(a) Title of the Information Collection

NESHAP for Mercury (40 CFR part 61, Subpart E) (Renewal), EPA ICR Number 0113.10, OMB Controlled Number 2060-0097

1(b) Short Characterization/Abstract

The National Emission Standards for Hazardous Air Pollutants (NESHAP) for Mercury (40 CFR part 61, subpart E) were proposed on December 7, 1971, promulgated on April 6, 1973, and amended on October 14, 1975, March 19, 1987, and October 17, 2000. These standards apply to the stationary sources which process mercury ore to recover mercury, use mercury chlor-alkali cells to produce chlorine gas and alkali metal hydroxide, and incinerate or dry wastewater treatment plant sludge.

In general, all NESHAP 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 (SSM) 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 NESHAP. Semiannual summary reports are also required.

Any owner/operator subject to the provisions of this part shall maintain a file of these measurements, and retain the file for at least five years following the date of such measurements, maintenance reports, and records. 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 United States Environmental Protection Agency (EPA) regional office.

Based on our consultations with industry representatives, there is an average of one affected facility at each plant site, and each plant site has only one respondent (i.e., the owner/operator of the plant site).

We have determined that there are an estimated 107 existing sources (100 wastewater treatment plant sludge incineration and drying plants and 7 cell chlor-alkali plants) currently subject to this rule; and no additional sources are expected to become subject to this rule in the next three years of this Information Collection Request (ICR).

All of the mercury facilities in the United States are owned and operated by the mercury industry (the “Affected Public”). None of the facilities in the United States are owned by state, local, tribal or the Federal government. They are all privately, owned for-profit businesses. The burden to the “Affected Public” is listed below in Table 1: Annual Industry Burden and Cost - NESHAP for Mercury (40 CFR Part 61, Subpart E) (Renewal). The Federal government burden associated with the review of reports submitted by the respondent is shown below in Table 2: Average Annual EPA Burden - NESHAP for Mercury (40 CFR Part 61, Subpart E).

The Office of Management and Budget (OMB) approved the currently active ICR without any “Terms of Clearance.”

2. Need for and Use of the Collection

2(a) Need/Authority for the Collection

The EPA is charged under section 112 of the Clean Air Act, as amended, to establish standards of performance for each category or subcategory of major sources and area sources of HAP. These standards are applicable to new or existing sources of HAP and shall require the maximum degree of emission reduction. In addition, section 114(a) states that the Administrator may require any owner or operator subject to any requirement of this Act to:

(A) Establish and maintain such records; (B) make such reports; (C) install, use, and maintain such monitoring equipment, and use such audit procedures, or methods; (D) sample such emissions (in accordance with such procedures or methods, at such locations, at such intervals, during such periods, and in such manner as the Administrator shall prescribe); (E) keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical; (F) submit compliance certifications in accordance with Section 114(a)(3); and (G) provide such other information as the Administrator may reasonably require.

In the Administrator's judgment, HAP emissions facilities that process mercury ore to recover mercury, either cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare. Therefore, the NESHAP standards were promulgated for this source category at 40 CFR part 61, subpart E.

2(b) Practical Utility/Users of the Data

The recordkeeping and reporting requirements in the standard ensure compliance with the applicable regulations which were promulgated in accordance with the Clean Air Act. In addition, the collected information is used for targeting inspections and as evidence in legal proceedings.

Performance tests are required in order to determine an affected facility’s initial capability to comply with the emission standard. Continuous emission monitors are used to ensure compliance with the standard at all times. During the performance tests, a record of the operating parameters under which compliance was achieved may be recorded and used to determine compliance in place of a continuous emission monitor.

The notifications required in the standard are used to inform the Agency or delegated authority when a source becomes subject to the requirements of the regulations. The reviewing authority may then inspect the source to ensure that the pollution control devices are properly installed and operated, that leaks are being detected and repaired, and that the standards are being met. The performance test may also be observed.

The required semiannual reports are used to determine periods of excess emissions, identify problems at the facility, verify operation/maintenance procedures and for compliance determinations.

3. Non-duplication, Consultations, and Other Collection Criteria

The requested recordkeeping and reporting are required under 40 CFR part 61, subpart E.

3(a) Non-duplication

If the subject standards have not been delegated, the information is sent directly to the appropriate EPA regional office. Otherwise, the information is sent directly to the delegated state or local agency. If a state or local agency has adopted their own similar standards to implement the Federal standards, a copy of the report submitted to the state or local agency can be sent to the Administrator in lieu of the report required by the Federal standards. Therefore, no duplication exists.

3(b) Public Notice Required Prior to ICR Submission to OMB

An announcement of a public comment period for the renewal of this ICR was published in the Federal Register (73 FR 31088) on May 30, 2008. No comments were received on the burden published in the Federal Register.

3(c) Consultations

The Agency industry experts have been consulted, and the Agency internal data sources and projections of industry growth over the next three years have been considered. The primary source of information as reported by industry, in compliance with the recordkeeping and reporting provisions in the standard, is the Online Tracking Information System (OTIS) which is operated and maintained by the EPA Office of Compliance. OTIS is the EPA database for the collection, maintenance, and retrieval of all compliance data. The growth rate for the industry is based on our consultations with the Agency internal industry experts.

Industry trade associations and other interested parties were provided an opportunity to comment on the burden associated with the standard as it was being developed.

It is our policy to respond after a thorough review of comments received since the last ICR renewal as well as to those submitted in response to the first Federal Register notice.

3(d) Effects of Less Frequent Collection

Less frequent information collection would decrease the margin of assurance that facilities are continuing to meet the standards. Requirements for information gathering and recordkeeping are useful techniques to ensure that good operation and maintenance practices are applied and emission limitations are met. If the information required by these standards was collected less frequently, the proper operation and maintenance of control equipment and the possibility of detecting violations would be less likely.

3(e) General Guidelines

None of these reporting or recordkeeping requirements violate any of the regulations established by OMB at 5 CFR part 1320, section 1320.5.

These standards require the respondents to maintain all records, including reports and notifications for at least five years. This is consistent with the General Provisions as applied to the standards. EPA believes that the five-year records retention requirement is consistent with the part 70 permit program and the five-year statute of limitations on which the permit program is based. The retention of records for five years allows EPA to establish the compliance history of a source, any pattern of non-compliance, and to determine the appropriate level of enforcement action. EPA has found that the most flagrant violators have violations extending beyond the five years. In addition, EPA would be prevented from pursuing the violators due to the destruction or nonexistence of essential records.

3(f) Confidentiality

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 (CBI) (see 40 CFR 2; 41 FR 36902, September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43 FR 42251, September 20, 1978; 44 FR 17674, March 23, 1979).

3(g) Sensitive Questions

None of the reporting or recordkeeping requirements contain sensitive questions.

4. The Respondents and the Information Requested

4(a) Respondents/SIC Codes

The respondents to the recordkeeping and reporting requirements are owners or operators who process mercury. The United States Standard Industrial Classification (SIC) codes for the respondents affected by the standards, which correspond to the North American Industry Classification System (NAICS) codes, are listed below for source category description.

Standard (40 CFR part 61, subpart E)	SIC Codes	NAICS Codes
All Other Basic Inorganic Chemical Manufacturing	2819	325188
Sewage Treatment Facilities	4952	22131

4(b) Information Requested

None of these reporting or recordkeeping requirements violate any of the regulations established by OMB at 5 CFR part 1320, section 1320.5.

(i) Data Items

In this ICR, all the data recorded or reported is required by the National Emission Standards for Hazardous Air Pollutants for Mercury (40 CFR part 61, subpart E).

A source must make the following reports:

Notifications
Notification and application of construction or modification	61.06 and 61.07
Notification of anticipated date of initial startup	61.09(a)(1)
Notification of actual startup	61.09(a)(2)
Notification of physical or operational change which may increase the emission rate	61.15
Notification of performance tests	61.13(c) and (f)
Notification of annual stack emissions tests	61.53(a)(1 and 3), (b)(1 and 3), (c)(1and 2), (d)(1, 2, and 4), 61.12, 61.55(b)(1 and 2)
Performance of sludge test and determine mercury emissions	61.54(a), (c)-(e)
Certify monitoring device	61.55(b)(5)
Notification of stack emission test	61.53(a)(2), (b)(2), (c)(3), and (d)(3)
Semiannual reports of parameter excursions	61.55(b)(7)-(8)
Optional submission of a pant-specific monitoring, recordkeeping, and recording plan	61.55(c)
Notification of any parameter excursion that persists for 24 consecutive hours or longer (administrator must be notified within 10 days)	61.55(b)(6)(i-ii)
Sludge sampling	61.54
Report of stack test, emission test results and sludge sampling data	61.53(a)(3-4), (b)(3-4), (d)(4-5), and 61.54(e-f)

A source must keep the following records:

Recordkeeping
Maintain record of emission test results and sludge sampling data for a minimum of two years	61.53(a0(5), (b)(5), (d)(6), and 61.54(g)
Maintain records of monitoring data, monitoring system calibration checks, and the occurrence and duration of periods where the monitoring system is malfunctioning or inoperative. Records shall be retained for at least two years.	61.14(f)
Maintain records for two years	61.55(d)(2)
Monitor and record appropriate process or control device parameters once each hour	61.55(b)(4)
Maintain daily records of all leaks or spills of mercury	61.55(d)(1)

Electronic Reporting

Some of the respondents are using monitoring equipment that automatically records parameter data. Although personnel at the affected facility must still evaluate the data, internal automation has significantly reduced the burden associated with monitoring and recordkeeping at a plant site.

Also, regulatory agencies in cooperation with the respondents continue to create reporting systems to transmit data electronically. However, electronic reporting systems are not widely used. At this time, it is estimated that 20 percent of the respondents use electronic reporting.

Respondent Activities

Read instructions.

Perform initial performance test, using Method 101 Appendix B for mercury ore processing facilities, Method 102 for mercury chlor-alkali plants with hydrogen streams, Method 101 Appendix B for mercury chlor-alkali plants with cell room ventilation systems and Method 101A in Appendix B for sludge incineration and drying plants, or the alternative test Method 105 of Appendix B, and repeat performance tests if necessary.

Write the notifications and reports listed above.

Enter information required to be recorded above.

Submit the required reports developing, acquiring, installing, and utilizing technology and systems for the purpose of collecting, validating, and verifying information.

Develop, acquire, install, and utilize technology and systems for the purpose of processing and maintaining information.

Develop, acquire, install, and utilize technology and systems for the purpose of 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.

Transmit, or otherwise disclose the information.

Currently, sources are using monitoring equipment that provides parameter data in an automated way (e.g., continuous parameter monitoring system). Although personnel at the source still need to evaluate the data, this type of monitoring equipment has significantly reduced the burden associated with monitoring and recordkeeping.

5. The Information Collected: Agency Activities, Collection Methodology, and Information Management

5(a) Agency Activities

EPA conducts the following activities in connection with the acquisition, analysis, storage, and distribution of the required information.

Agency Activities

Observe initial performance tests and repeat performance tests if necessary.

Review notifications and reports, including performance test reports, excess emissions reports, required to be submitted by industry.

Audit facility records.

Input, analyze, and maintain data in the OTIS.

5(b) Collection Methodology and Management

Following notification of startup, the reviewing authority might inspect the source to determine whether the pollution control devices are properly installed and operational. Performance test reports are used by the Agency to discern a source’s initial capability to comply with the emission standard, and note the operating conditions under which compliance was achieved. Data and records maintained by the respondents are tabulated and published for use in compliance and enforcement programs.

Information contained in the reports is entered into OTIS which is operated and maintained by the EPA Office of Compliance. OTIS is the EPA database for the collection, maintenance, and retrieval of compliance data for approximately 125,000 industrial and government-owned facilities. EPA uses OTIS for tracking air pollution compliance and enforcement by local and state regulatory agencies, EPA regional offices, and EPA headquarters. EPA delegated Authorities can edit, store, retrieve and analyze the data.

The records required by this regulation must be retained by the owner or operator for two years.

5(c) Small Entity Flexibility

The majority of the respondents are large entities (i.e., large businesses). However, the impact on small entities (i.e., small businesses) was taken into consideration during the development of the regulation. Due to technical considerations involving the process operations and the types of control equipment employed, the recordkeeping and reporting requirements are the same for both small and large entities. The Agency considers these to be the minimum requirements needed to ensure compliance and, therefore, cannot reduce them further for small entities. To the extent that larger businesses can use economies of scale to reduce their burden, the overall burden will be reduced.

5(d) Collection Schedule

The specific frequency for each information collection activity within this request is shown below in Table 1: Annual Industry Burden for NESHAP for Mercury (40 CFR Part 61, Subpart E) (Renewal).

6. Estimating the Burden and Cost of the Collection

Table 1 documents the computation of individual burdens for the recordkeeping and reporting requirements applicable to the industry for the subpart included in this ICR. The individual burdens are expressed under standardized headings believed to be consistent with the concept of burden under the Paperwork Reduction Act. Wherever appropriate, specific tasks and major assumptions have been identified. Responses to this information collection are mandatory.

The 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.

6(a) Estimating Respondent Burden

The average annual burden to industry over the next three years from these recordkeeping and reporting requirements is estimated to be 20,490 (Total Labor Hours from Table 1). These hours are based on Agency studies and background documents from the development of the regulation, Agency knowledge and experience with the NESHAP program, the previously approved ICR, and any comments received.

6(b) Estimating Respondent Costs

(i) Estimating Labor Costs

This ICR uses the following labor rates:

Managerial $100.99 ($48.09 + 110%)

Technical $87.97 ($41.89 + 110%)

Clerical $43.81 ($20.86 + 110%)

These rates are from the U.S. Department of Labor, Bureau of Labor Statistics, March 19, 2005, ”Table 2. Civilian Workers, by Occupational and Industry group.” The rates are from column 1, ”Total Compensation.” The rates have been increased by 110 percent to account for the benefit packages available to those employed by private industry.

(ii) Estimating Capital/Startup and Operation and Maintenance Costs

The only costs to the regulated industry resulting from information collection activities required by the subject standard are labor costs. There are no capital/startup or operation and maintenance costs.

(iii) Capital/Startup vs. Operation and Maintenance (O&M) Costs

The only type of industry costs associated with the information collection activity in the regulations is labor costs. There are no capital/startup or operation and maintenance costs.

6(c) Estimating Agency Burden and Cost

The only costs to the Agency are those costs associated with analysis of the reported information. The EPA compliance and enforcement program includes activities such as: the examination of records maintained by the respondents; periodic inspection of sources of emissions; and the publication and distribution of collected information.

The average annual Agency cost during the three years of the ICR is estimated to be $29,706 (rounded).

This cost is based on the average hourly labor rate as follows:

Managerial $57.20 (GS-13, Step 5, $35.75 x 1.6)

Technical $42.45 (GS-12, Step 1, $26.53 x 1.6)

Clerical $22.96 (GS-6, Step 3, $14.35 x 1.6)

These rates are from the Office of Personnel Management (OPM) A2006 General Schedule@ which excludes locality rates of pay. The rates have been increased by 60 percent to account for the benefit packages available to government employees. Details upon which this estimate is based appear below in Table 2: Average Annual EPA Burden - NESHAP for Mercury (40 CFR Part 61, Subpart E) (Renewal).

6(d) Estimating the Respondent Universe and Total Burden and Costs

Based on our research for this ICR, approximately 107 respondents will be subject to the standard the next three years. It is estimated that no additional source over the three-year period will become subject to the standard. The average number of respondents, as shown in the table below, is 107 per year.

The number of respondents is calculated using the following table which addresses the three years covered by this ICR.

Number of Respondents
Year	(A) Number of New Respondents	(B) Number of Existing Respondents	(C) Number of Existing Respondents That Keep Records But Do Not Submit Reports	(D) Number of Existing Respondents That Are Also New Respondents	(E) Number of Respondents (E=A+B+C-D)
1	0	107	0	0	107
2	0	107	0	0	107
3	0	107	0	0	107
Average	0	107	0	0	107

To avoid double-counting respondents, column D is subtracted. As shown above, the average Number of Respondents over the three-year period of this ICR is 107.

The total number of annual responses per year is calculated using the following table:

Total Annual Responses
(A) Information Collection Activity	(B) Number of Respondents	(C) Number of Responses	(D) Number of Existing Respondents That Keep Records But Do Not Submit Reports	(E) Total Annual Responses E=(BxC)+D
Notification of construction/reconstruction	0	1	0	0
Notification of initial startup	0	1	0	0
Notification of actual startup	0	1	0	0
Notification of initial performance test	0	1	0	0
Report of annual emission test	100	1	0	100
Submit semiannual report	7	2	0	14
Notification of parameter excursions	7	2	0	14
			Total	128

The number of Total Annual Responses is 128.

The total annual labor costs are $1,735,421. Details regarding these estimates may be found below in Table 1: Annual Industry Burden and Cost - NESHAP for Mercury (40 CFR Part 61 Subpart E) (Renewal).

6(e) Bottom Line Burden Hours Burden Hours and Cost Tables

The detailed bottom line burden hours and cost calculations for the respondents and the Agency are shown in Tables 1 and 2, respectively, and summarized below.

(i) Respondent Tally

The total annual labor costs are $1,735,421. Details regarding these estimates may be found below in Table 1: Annual Respondent Burden and Cost - NESHAP Mercury (40 CFR Part 61, Subpart E) (Renewal). Furthermore, the annual public reporting and recordkeeping burden for this collection of information is estimated to average 160 hours per response.

The total annual capital/startup and O&M costs to the regulated entity are zero.

(ii) The Agency Tally

The average annual Agency burden and cost over next three years is estimated to be 718 labor hours at a cost of $29,706. See below Table 2: Annual Agency Burden and Cost - NESHAP for Mercury (40 CFR Part 61, Subpart E) (Renewal).

6(f) Reasons for Change in Burden

There is no change in the labor hours in this ICR as compared to the previous ICR. This is due to two considerations. First, the regulations have not changed over the past three years and are not anticipated to change over the next three years. Secondly, the growth rate for the industry is very low, negative or nonexistent, so there is no significant change in the overall burden.

Since there are no changes in the regulatory requirements and there is no significant industry growth, the labor hours and cost figures in the precious ICR are used in this ICR, and there is no change in burden to industry.

6(g) Burden Statement

The annual public reporting and recordkeeping burden for this collection of information is estimated to average 160 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, 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.

An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB Control Number. The OMB Control Numbers for EPA’s regulations are listed at 40 CFR part 9 and 48 CFR chapter 15.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number EPA-HQ-OECA-2008-0278. An electronic version of the public docket is available at http://www.regulations.gov/ which may be used to obtain a copy of the draft collection of information, submit or view public comments, access the index listing of the content of the docket, and to access those documents in the public docket that are available electronically. When in the system, select “search” than key in the docket ID number identified in this document. The documents are also available for public viewing at the Enforcement and Compliance Docket and Information Center in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, N.W., 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 and Information Center Docket is (202) 566-1752. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, N.W., Washington, DC 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number EPA-HQ-OECA-2008-0278 and OMB Control Number 2060-0097 in any correspondence.

Part B of the Supporting Statement

This part is not applicable because no statistical methods were used in collecting this information.

Table 1: Annual Respondent Burden and Cost – NESHAP for Mercury (40 CFR Part 61, Subpart E)

Burden item	(A) Person hours per occurrence	(B) No. of occurrences per respondent per year	(C) Person hours per respondent per year (C=AxB)	(D) Respondents per year a	(E) Technical person- hours per year (E=CxD)	(F) Management person hours per year (Ex0.05)	(G) Clerical person hours per year (Ex0.1)	(H) Total Cost Per year b
1. Applications	N/A
2. Survey and Studies	N/A
3. Reporting requirements
New Sources
A. Read instructions c	1	1	1	0	0	0	0	$0
B. Required activities
Initial performance test d	24	1	24	0	0	0	0	$0
Repeat performance test e	24	0.20	4.8	0	0	0	0	$0
C. Create information	See 3B
D. Gather existing information	See 3B
E. Write reports
New Sources
Notification of construction/reconstruction f	2	1	2	0	0	0	0	$0
Notification of initial startup g	2	1	2	0	0	0	0	$0
Notification of actual startup g	2	1	2	0	0	0	0	$0
Report of initial performance test	See 3B
Notification of initial performance test	2	1	2	0	0	0	0	$0
Existing Sources
Report of annual emission test h	12	1	12	100	1,200	60	120	$116,880.60
Submit semiannual report i	8	2	16	7	112	5.6	11.2	$10,908.85
Notification of parameter excursions j	4	2	8	7	56	2.8	5.6	$5,454.43
Subtotal for Reporting Requirements						1,573.2
4. Recordkeeping requirements
A. Read instructions	See 3A
B. Plan activities	See 3B
C. Implement activities	See 3B
D. Develop record system
Record operating parameters k	0.25	365	91.25	107	9,763.75	488.19	976.37	$950,994.16
Record mercury leaks l	0.25	365	91.25	7	638.75	31.94	63.87	$62,214.60
Record monitored parameters l	0.5	365	182.5	7	1,277.5	63.87	127.75	$124,428.63
Compile data for semiannual reports m	8	2	16	7	112	5.6	11.2	$10,908.85
Maintain data on mercury leaks n	0.5	52	26	7	182	9.1	18.2	$17,726.89
Maintain data on monitored parameters n	0.5	52	26	7	182	9.1	18.2	$17,726.89
E. Time to enter information
Records of startup, shutdown, and malfunction o	1.5	53.5	80.25	53.5	4,293.37	214.67	429.34	$418,176.65
F. Audits	N/A
Subtotal for Recordkeeping Requirements						18,916.77
					17,817.37	890.87	1,781.73	$1,735,420.55
TOTAL LABOR BURDEN AND COST (rounded)						20,489.97 20,490 (rounded)		$1,735,421

Assumptions:

^a We have assumed that there are approximately 107 existing sources currently subject to this rule. There will be no additional new source that will become subject to the rule over the three-year period of this ICR.

^b This ICR uses the following labor rates: $100.99 per hour for Executive, Administrative, and Managerial labor; $87.97 per hour for Technical labor, and $43.81

per hour for Clerical labor. These rates are from the United States Department of Labor, Bureau of Labor Statistics, March 19, 2005 ATable 2. Civilian Workers, by occupational and industry group.@ The rates are from column 1, ATotal compensation.@ The rates have been increased by 110 percent to account for the benefit packages available to those employed by private industry.

^c We have assumed that it will take 1 hour for a new respondent to read instructions.

^d We have assumed that it will take each new respondent 24 hours to complete initial performance test.

^e We have assumed that 20 percent of new respondents will repeat the performance test due to failure.

^f We have assumed that each new respondent will take two hours to write notification reports on construction/reconstruction.

^g We have assumed that it will take each new respondent two hours each to write notification reports on initial startup and actual startup.

^h We have assumed that 100 0f the existing respondents will take 12 hours to write reports on the annual emission tests.

ⁱ We have assumed that seven of the existing respondents will each have to submit semiannual reports.

^j We have assumed that seven of the existing respondents will write notification reports on parameter excursions two times per year.

^k We have assumed that all respondents will record operating parameters 365 days per year.

^l We have assumed that seven respondents will each have to record mercury leaks and monitored parameters.

^m We have assumed that seven respondents will each take eight hours to compile data for semiannual reports.

ⁿ We have assumed that each of the seven respondent will have to maintain data on mercury leaks and monitored parameters 52 times per year.

^o We have assumed that 50 percent of the respondents will each take 1.5 hours to record information of startup, shutdown, and malfunctions.

Table 2: Average Annual EPA Burden - NESHAP for Mercury (40 CFR Part 61, Subpart E)

Activity	(A) EPA person- hours per occurrence	(B) No. of occurrences per plant per year	(C) EPA person- hours per plant per year (C=AxB)	(D) Plants per year a	(E) Technical person- hours per year (E=CxD)	(F) Management person-hours per year (Ex0.05)	(G) Clerical person- hours per year (Ex0.1)	(H) Cost, $ b
Required activities
New Plants
Initial performance test c	24	1	24	0	0	0	0	$0
Repeat performance test c, d	24	0.2	4.8	0	0	0	0	$0
Report Review
New Plants
Notification of construction e	0.5	1	0.5	0	0	0	0	$0
Notification of initial startup e	0.5	1	0.5	0	0	0	0	$0
Notification of actual startup e	0.5	1	0.5	0	0	0	0	$0
Notification of initial test e	0.5	1	0.5	0	0	0	0	$0
Review test results f	8	1	8	0	0	0	0	$0
Participate in performance test g	24	1	24	0	0	0	0	$0
Existing Plants
Annual emission test	4	1	4	100	400	20	40	$19,042.40
Review semiannual reports h	8	2	16	7	112	5.6	11.2	$5,331.87
Review notification on monitored parameters i	8	2	16	7	112	5.6	11.2	$5,331.87
Subtotals Labor Burden and cost					624	31.2	62.4	$29,706.14
TOTAL ANNUAL BURDEN AND COST (rounded)					717.6 718 (rounded)			$29,706

Assumptions:

^a We have assumed that there are approximately 107 existing sources currently subject to this rule. There will be no additional new sources that will become subject to the rule over the three-year period of this ICR.

^b This cost is based on the following labor rates which incorporates a 1.6 benefits multiplication factor to account for government overhead expenses: $57.20 for Managerial (GS-13, Step 5, $35.75 x 1.6), $42.45 for Technical (GS-12, Step 1, $26.53 x 1.6), and $22.96 Clerical (GS-6, Step 3, $14.35 x 1.6). These rates are from the Office of Personnel Management (OPM) “2006 General Schedule” which excludes locality rates of pay.

^c We have assumed that each respondent will take 24 hours to participate in the performance tests.

^d We have assumed that 20 percent of new respondents will have to repeat the performance tests due to failure.

^e We have assumed that it will take each new respondent 0.5 hours to review notification reports.

^f We have assumed that each respondent will take 8 hours to review test results.

^g We have assumed that each respondent will take 24 hours to participate in the performance test.

^h We have assumed that seven existing respondents will take eight hours two times per year to review semiannual reports.

ⁱ We have assumed that seven respondents will take eight hours each to review notification of monitored parameters.