2028ss05

SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

NESHAP for Industrial, Commercial, and Institutional Boilers and Process Heaters at Major Sources of HAP (40 CFR part 62, subpart DDDDD) (Proposed Rule)

1. Identification of the Information Collection

1(a) Title of the Information Collection

NESHAP for Industrial, Commercial, and Institutional Boilers and Process Heaters at Major Sources of HAP (40 CFR part 63, Subpart DDDDD), 2028.05, 2060-0551.

1(b) Short Characterization/Abstract

This supporting statement addresses information collection activities that will be imposed by the (NESHAP for Industrial, Commercial, and Institutional Boilers and Process Heaters at Major Sources of HAP, 40 CFR part 63 subpart DDDDD (ICI Boiler and Process Heater NESHAP). On September 13, 2004, under authority of section 112 of the Clean Air Act, EPA promulgated national emission standards for hazardous air pollutants for new and existing industrial/commercial/institutional boilers and process heaters. On June 19, 2007, the United States Court of Appeals for the District of Columbia Circuit vacated and remanded the national emission standards for hazardous air pollutants for industrial/commercial/institutional boilers and process heaters. This ICR documents the recordkeeping and reporting requirements associated with EPA’s proposed rule in response to the court’s vacatur and remand.

The information collection activities in this information collection request (ICR) include initial and annual stack tests, fuel analyses, operating parameter monitoring, one-time and periodic reports, and maintenance of records. Varying levels of requirements apply to each subcategory. The ICI Boiler and Process Heater NESHAP contains six subcategories for existing boilers and in-direct fired process heaters: units designed to burn coal, units designed to burn biomass, units designed to burn liquid, units designed to burn natural gas/refinery gas, units design to burn other process gases. These same six categories apply to new boilers and in-direct fired process heaters. The information collection activities will enable EPA to determine initial and continuous compliance with emission standards for regulated pollutants, and ensure that facilities conduct proper planning, operation, and unit maintenance.

Records and reports required by the NESHAP for industrial, commercial, and institutional boilers and process heaters at major sources of HAP are necessary to enable EPA to identify sources subject to the standards and to ensure that the standards are being achieved. Records and reports must be maintained at the facility and/or submitted to EPA. 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.

Approximately 13,555 existing units at 1,608 facilities and 46 new units at 16 facilities would be subject to the regulation over the next three years. The cost of this Information Collection Request (ICR) will be $263 million (rounded).

The burden to the “Affected Public” for each boiler subcategory may be found in Tables 1.A-12.C in Attachment A. The burden to the “Federal Government” is attributed entirely to work performed by federal employees or government contractors; this burden may be found in Tables 13.A-13.C of Attachment B.

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 hazardous air pollutants. These standards are applicable to new or existing sources of hazardous air pollutants and shall require the maximum degree of emission reduction. In addition, section 114(a) states that the Administrator may require any owner/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, pollutant emissions from industrial, commercial, and institutional boilers and process heaters cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare. Therefore, the NESHAP are proposed for this source category at 40 CFR part 63, subpart DDDDD.

2(b) Practical Utility/Users of the Data

The information will be used by EPA to: (1) Identify new, modified, reconstructed and existing sources subject to the ICI Boiler and Process Heater NESHAP; (2) ensure that the ICI Boiler and Process Heater NESHAP is being properly applied; (3) ensure that the ICI Boiler and Process Heater NESHAP is being complied with; (4) ensure, on a continuous basis, that the operating parameters established during the initial performance test are not exceeded.

In addition, records and reports are necessary to enable EPA to identify facilities that may not be in compliance with the Boilers NESHAP. Based on reported information, EPA will decide which facilities should be inspected and what records or units should be inspected at the facilities. The records that facilities maintain will indicate to EPA whether facility personnel are properly operating and maintaining the boiler or process heater and control equipment.

3. Nonduplication, Consultations, and Other Collection Criteria

The requested recordkeeping and reporting will be required under (40 CFR part 63, subpart DDDDD).

3(a) Nonduplication

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 its 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

A public notice of this collection was provided in the notice of proposed rulemaking for the Boilers NESHAP.

3(c) Consultations

In July 2008, the EPA issued a survey, entitled “Information Collection Effort for Facilities with Combustion Units (ICR No. 2286.01).” This ICR was distributed to 3,396 facilities with boilers and process heaters firing any fuel type and other combustion units firing non-fossil solids. In May 2009, the EPA issued a follow-up ICR (ICR No 2286.03) requesting a subset of these facilities to conduct stack testing to fill data gaps. Throughout each of these two ICRs, the Agency received comments on the estimated costs to conduct stack testing and fuel analysis, and the types of pollutants to request testing from. These comments have been incorporated into the estimates for the ICR on the proposed ICI Boiler and Process Heater NESHAP.

In January 2009, the EPA convened a panel, in compliance with the Small Business Regulatory Fairness Act (SBREFA) to request input about the proposed ICI Boiler and Process Heater NESHAP and the Area Source Boiler NESHAP. During this SBREFA panel EPA received comments from panel members on the cost estimates for work practice standards being proposed in the rulemaking. The comments on the cost to conduct energy audits at industrial facilities have been incorporated into the cost estimates contained in this ICR.

The public will also be provided the opportunity to review and comment on the burden estimated in this Information Collection Request during the comment period for the proposed rulemaking.

3(d) Effects of Less Frequent Collection

For sources with applicable emission limits, the Boilers NESHAP provides the option of demonstrating compliance through initial and periodic fuel analysis (for sources that burn fuels with pollutant contents lower than the emission limits) or through initial and annual stack testing. If a source can demonstrate that the fuel(s) burned in the boiler or process heater has a pollutant content that is less than the applicable emission limit, then the Boilers NESHAP requires that the source conduct initial fuel analyses, periodic fuel analysis, and initial and semiannual reporting. Sources that demonstrate compliance through performance testing must continuously monitor operating parameters and conduct periodic fuel analyses, and complete initial and semiannual reporting. The EPA chose the frequency of these activities to provide an adequate margin of assurance that affected facilities will not operate for extended periods in violation of the regulations.

The annual performance testing, where applicable, will ensure, on an ongoing basis, that the air pollution control device is operating properly and its performance has not deteriorated.

During the initial stack tests (for particulate matter, mercury, hydrogen chloride, carbon monoxide, and dioxins and furans), the owner or operator must establish maximum or minimum values for each applicable operating parameter. Thereafter, the owner or operator must, in some cases, conduct annual stack tests for particulate matter, mercury, hydrogen chloride, carbon monoxide, and dioxins and furans and must always continuously monitor the operating parameters. The activities associated with setting these site-specific operating limits include monitoring of the parameters during the performance test, reviewing and averaging the monitoring data, and, if necessary, calculating average values for fuel pollutant content.

Although continuous monitoring of operating parameters cannot provide a direct measurement of emissions, it is less expensive than continuous emission monitoring systems (CEMS) and the collected information can ensure that the boiler or process heater and associated air pollution control equipment are operated properly. For larger boilers, those greater than 100 mmBtu/hr, continuous CO CEMS are more cost effective and are required to be installed under the proposed rule. Similarly, for larger boilers greater than 250 mmBtu/hr, PM CEMS are required. This information assures EPA and the public that the reductions envisioned by the Boilers NESHAP are being achieved. Less frequent monitoring would not ensure continuous compliance.

The semiannual reporting requirement allows the submittal of required information and data on established operating parameters so that any potential problems can be identified in a timely fashion.

Existing small (less than 10 mmBtu/hr) boilers firing solid, liquid or gaseous fuels, and new small boilers firing natural gas or refinery gas demonstrate compliance with the rule by conducting a biennial tune-up. Since this frequency is less than the semi-annual compliance report frequency typically required from sources in this source category, a biennial compliance report is . These tune-up reports can be requested by the Administrator upon request but are not required to be submitted.

3(e) General Guidelines

These reporting or recordkeeping requirements do not violate any of the regulations promulgated by OMB under 5 CFR part 1320, section 1320.5.

The Boilers NESHAP requires all records to be maintained at the source for a period of five years. In 40 CFR part 63, subpart A, “General Provisions for National Emission Standards for Hazardous Air Pollutants for Source Categories,” owners or operators of facilities are required to keep and maintain records for a period of five years. These records must be kept on file for use, if needed, by the regulating authority to ensure that the plant personnel are operating and maintaining the unit and the control equipment properly. The title V permit programs also require records to be retained for five years. These records must be kept on file for use, if needed, by the regulating authority to ensure that the plant personnel are operating and maintaining the unit and the control equipment properly.

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 (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

The reporting or recordkeeping requirements in the standard do not include sensitive questions.

4. The Respondents and the Information Requested

4(a) Respondents/NAICS Codes

The respondents to the recordkeeping and reporting requirements are owners or operators of new or existing industrial, commercial, or institutional boilers and process heaters. The Boilers Major Source NESHAP affects any industry, state, local, or tribal government, or any institution (e.g., university) using a boiler as defined in the regulation. This includes, but is not limited to, the following North American Industry Classification System (NAICS) codes listed in Table 1 below.

Table 1: NAICS Categories for Various Affected Sources

NAICS Codes	NAICS Codes
211	Extractors of crude petroleum or natural gas.
321	Wood product manufacturing.
322	Pulp and paper mills.
325	Chemical manufacturers.
324	Petroleum refineries and manufacturers of coal products.
316/326/339	Manufacturers of rubber and miscellaneous plastic products.
331	Steel works, blast furnaces.
332	Electroplating, plating, polishing, anodizing, and coloring.
336	Manufacturers of motor vehicle parts and accessories.
221	Electric, gas, and sanitary services.
622	Health services.
611	Educational services

Based on the distribution of major source facilities with affected boilers or process heaters reported in the 2008 survey entitled “Information Collection Effort for Facilities with Combustion Units.(ICR No. 2286.01),” there are 1,608 existing facilities with affected boilers or process heaters. Of these, 94 percent are located in the private sector and the remaining 6 percent are located in the public sector. The agency is projecting 16 new facilities with 46 affected boilers and process heaters. The EPA is estimating that all new facilities will be in the private sector. Considering new and existing sources together, 95 percent of facilities are estimated to be in the private sector.

4(b) Information Requested

(i) Data Items

In this ICR, all the data that is recorded or reported will be required by (40 CFR part 63, subpart DDDDD).

In Attachment B, tables 1.A-C, 2.A-C, 3.A-C, 4.A-C, 5.A-C, 6.A-C, 7.A-C, 8.A-C, 9.A-C, 10.A-C, 11.A-C, and 12.A-C present a summary of the testing, monitoring, recordkeeping and reporting requirements of the ICI Boiler and Process Heater NESHAP.

(ii) Respondent Activities

The respondent activities proposed by the ICI Boiler and Process Heater NESHAP are provided under the first column of tables 1.A-12.C. All respondent burden items are included in tables 1.A-12.C.

(iii) Summary of Requirements

The information collection activities in this ICR include initial and annual stack tests, fuel analyses, operating parameter monitoring, continuous emission monitoring for CO and PM at large units, certified energy audits, annual or biennial tune-ups (depending on the size of the combustion equipment), preparation of a startup, shutdown, malfunction plan (SSMP), preparation of a site-specific monitoring plan and a site-specific fuel monitoring plan, one-time and periodic reports, and the maintenance of records.

For sources that can demonstrate compliance through fuel analysis, the regulation requires an initial fuel analysis and periodic fuel analyses every five years. Sources must conduct additional fuel analyses if they burn a new type of fuel. An initial performance test must be completed for particulate matter or total selected metals, mercury, hydrogen chloride, carbon monoxide, and dioxin and furans for affected sources with applicable emission limits. During the initial performance test, the owner or operator must establish maximum or minimum values for each operating parameter. Thereafter, the owner or operator must, in some cases, conduct annual stack tests for particulate matter or total selected metals, mercury, hydrogen chloride, carbon monoxide, and dioxin and furans and must continuously monitor the operating parameters.

Following the initial performance test, the owner or operator must submit a report that documents the performance test results and the values for their required operating parameters.

All existing units will be required to conduct and an initial certified energy audit by qualified personnel which includes a visual inspection of the boiler system, establishing operating characteristics, identifying major energy consuming systems and energy savings potential, reviewing available engineering plans, and listing major energy conservation measures. An initial report should be submitted to the Agency for each energy audit.

All existing small units and all units firing natural gas or refinery gas can demonstrate compliance by conducting a tune-up of the boiler. Small units are requested to conduct a tune-up biennially and large gas units will conduct a tune-up annually.

For all units other than small boilers and process heaters and units firing natural gas a semiannual report is required that documents the values for the operating parameters; any deviation; the results of any annual stack tests; the results of any fuel analysis and emissions calculations; fuel usage, and if no deviation occurred, a statement that no deviations occurred.

As specified in the ICI Boiler and Process Heater NESHAP, owners or operators of boilers and process heaters must keep records of certain parameters and information for a period of five years. Owners or operators must maintain records of the initial performance test, annual stack tests, fuel analyses, and any subsequent stack tests or fuel analyses. Owners or operators must also maintain records of the monitoring data for the operating parameters and daily fuel usage.

Owners or operators must also maintain records for boiler or process heater malfunctions and any deviations from the operating parameters. Records must also be maintained of all monitoring device calibration data.

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

5(a) Agency Activities

A list of agency activities is provided in section 6(c) and in tables 13A-C (see Attachment B).

5(b) Collection Methodology and Management

Data obtained during periodic visits by EPA personnel, from records maintained by the respondents, and from information provided in semiannual reports will be tabulated and published for internal EPA use in compliance and enforcement programs. The ICI Boiler and Process Heater NESHAP allows records to be retained in hardcopy or electronic format to allow flexibility and minimize burden.

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

The records required by this regulation must be retained by the owner/operator for five years.

5(c) Small Entity Flexibility

The EPA expects that the ICI Boilers and Process Heater NESHAP will have a substantial impact on a significant number of small entities. In developing the regulation, small entity is defined as: (1) A small business according to Small Business Administration size standards by the North American Industry Classification System (NAICS) category of the owning entity. The range of small business size standards for the 44 affected 3-digit NAICS industries ranges from 500 to 1,000 employees, except for petroleum refining and electric utilities. In these latter two industries, the size standard is 1,500 employees and a mass throughput of 75,000 barrels/day or less or 4 million kilowatt-hours of production or less, respectively; (2) a small governmental jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000; and (3) a small organization that is any not-for-profit enterprise that is independently owned and operated and is not dominant in its field.

Based on responses to the 2008 survey “Information Collection Effort for Facilities with Combustion Units (ICR No. 2286.01),” the EPA has determined that 145 of the 1,608 facilities with existing boilers or process heaters, or 9 percent of the total, affected by the regulation may be small entities.

The Boilers NESHAP does not contain any provisions reserved exclusively for the benefit of small entities. However, the regulation does contain several provisions that reduce the impact on all regulated entities, which include small entities. For instance, operating parameter monitoring is required instead of continuous emissions monitoring systems (CEMS) for units less than 100 mmBtu/hr, the rule provides an option to demonstrate compliance with fuel analysis in lieu of stack testing for boilers combusting fuels with mercury and chlorine contents less than their associated emission limit. In addition, providing a work practice standard for small boilers and process heaters firing all fuel types and for boilers of all sizes firing natural gas and refinery gas, the EPA has substantially reduced the burden of the rulemaking, including reducing the burden on small entities. For example, 30 of the 145 small entities have only small boilers and process heaters installed at the facilities. The option to demonstrate compliance using an annual or biennial tune-up is a substantial savings compared with the requiring stack testing and add-on air pollution control devices.

5(d) Collection Schedule

Information collected includes the following one-time-only activities: reading the regulation, initial performance tests (for particulate matter, mercury, hydrogen chloride, carbon monoxide, and dioxins and furans for units with applicable emission limits), initial fuel analyses (for mercury and chlorine for units demonstrating compliance using fuel analysis), setting of operating parameter values, report prior to initial startup, report following initial stack tests (includes operating parameter values), development of a SSMP, conducting an energy audit, and development of a site-specific monitoring plan and fuel analysis plan. Since compliance is not required until year 3 for existing facilities, EPA assumes that half of the existing facilities will conduct initial performance tests and related activities in year 2 and the other half will conduct such activities in year 3.

Year 1 for new and existing sources includes the one-time activity of reading the regulation and submitting the initial notification that the source is subject to the regulation. The burden associated with this activity is estimated on a facility basis. The database developed from the 2008 survey “Information Collection Effort for Facilities with Combustion Units (ICR No. 2286.01, OMB Control Number 2060-0616),” indicates that each affected facility has on average eight boilers or process heaters. This is a conservative estimate of recordkeeping and reporting burden, as EPA knows that some of the affected facilities have more than eight sources and will be able to benefit from consolidated reporting. New major sources would also submit the following one-time only notifications: intent to construct, start of construction date, anticipated start-up date, and actual start-up date. These notifications generally would be submitted within 60 days of the activity.

In year 1, new facilities will begin training their personnel regarding the use of monitoring equipment and the startup, shutdown, and malfunction plan. Half of the existing facilities will train personnel in year 2 and the other half will train personnel in year 3.

Also in year 1, new sources will begin activities to comply with the subpart such as conducting performance tests, conducting tune-ups, setting operating limits, developing a site-specific monitoring plan and fuel analysis plan, installing and operating applicable monitoring equipment, and submitting the notification of compliance status.

In year 2, the new sources from year 1 will conduct annual performance tests, or tune-ups, if applicable, and submit semiannual compliance reports and the new sources in year 2 will conduct initial performance tests and other initial compliance activities and will also submit all initial notifications. Also in year 2, half of the existing large affected sources will conduct initial performance tests, fuel analyses, certified energy audits, related activities, and submit initial notifications of compliance status. Half of the existing small affected sources will conduct certified energy audits and biennial tune-ups.

In year 3, the new sources from year 1 and from year 2 and half of the existing sources that began complying with the subpart in year 2 will conduct annual performance tests, if applicable, and will submit semiannual compliance reports. The new sources from year 3 will conduct performance tests, and fuel analyses. Also in year 3, the other half of existing affected sources for which testing is required will conduct performance tests, fuel analyses, and certified energy audits. The half of the existing small sources that began complying with the subpart in year 2 will conduct biennial tune-ups and the remaining half will conduct initial biennial tune-ups and certified energy audits. Finally, in year 3 all facilities with affected boilers or process heaters will submitting the notification of compliance status and those required to submit semi-annual compliance reports will begin submitting these in year 3.

In year 1, new sources will begin keeping records of data such as operating limits, start-up shutdown and malfunctions, tune-up procedures, monitoring device calibrations, stack test results, submitted reports, and fuel usage. In year 2, the new sources from years 1 and 2 will keep records of such data. In year 3, all new and existing affected facilities will keep records of such data.

6. Estimating the Burden and Cost of the Collection

Tables 1.A-12.C documents the computation of individual burdens for the recordkeeping and reporting requirements applicable to the industry for each year 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. Where 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 $87.6 million. The average annual recordkeeping hours shown in Tables 1.A-12.C is 51,440. The average annual reporting requirement hours shown in Tables 1.A-12.A is 157,393. These hours are based on Agency studies and background documents from the development of the regulation, Agency knowledge and experience with the NESHAP program, and any comments received.

6(b) Estimating Respondent Costs

(i) Estimating Labor Costs

This ICR uses the following labor rates:

Managerial $114.49 ($54.52 + 110%)

Technical $98.20 ($46.76 + 110%)

Clerical $48.53 ($23.11 + 110%)

These rates are from the United States Department of Labor, Bureau of Labor Statistics, September 2009, “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 type of industry costs associated with the information collection activities in the subject standard(s) are both labor costs which are addressed elsewhere in this ICR and the costs associated with continuous monitoring, hiring third party contractors to perform stack tests, energy audits, and/or boiler tune-ups. The capital/startup costs are one time costs when a facility becomes subject to the regulation. The annual operation and maintenance costs are the ongoing costs to maintain the monitor(s) conduct subsequent testing or tune-ups, and other costs such as photocopying and postage.

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

Costs associated with O&M include the annual operation and maintenance costs associated with the continuous parameter monitoring equipment, initial and annual stack and performance testing and/or fuel analysis, and certified energy audits and/or annual/biennial tune-ups. Below is the estimated total annualized capital and startup costs and O&M costs for the affected units for the first 3 years after promulgation.

Capital/Startup vs. Operation and Maintenance (O&M) Costs
(A) Boiler Type	(B) Number of Respondents (facilities)	(C) Total Annualized Capital and O&M over 3 years	(D) Total Capital/Startup Cost over 3 years	(E) Average Annual O&M and Annualized Capital Costs per year
Existing Large Solid Units	117	$119,858,394	$200,039,600	$39,952,798
New Large Solid Units	0	$0	$0	$0
Existing Small Solid Units	2	$56,168	$0	$18,723
New Small Solid Units	0	$0	$0	$0
Existing Large Liquid Units	69	$25,864,352	$20,584,000	$8,621,451
New Large Liquid Units	5	$1,172,700	$1,549,400	$390,900
Existing Small Liquid Units	29	$1,024,014	$0	$341,338
New Small Liquid Units	2	$279,800	$99,600	$93,267
Existing Large Gaseous Units	544	$29,957,827	$7,762,300	$9,985,942
New Large Gaseous Units	5	$271,100	$260,500	$90,367
Existing Small Gaseous Units	848	$24,936,647	$0	$8,312,216
New Small Gaseous Units	4	$138,136	$0	$46,045
Total	1625	$203,559,137	$230,295,400	$67,853,046

The total capital/startup costs for this ICR are $230 million. This is the total of column D in the above table. This reflects the initial costs to purchase monitoring equipment.

The total operation and maintenance (O&M) costs for this ICR are $204 million. This is the total of column C This reflects the costs to operate the monitoring equipment, and fees paid to third parties to conduct initial and annual stack testing, annual tune-ups, and one-time energy audits.

The average annual cost for capital/startup and operation and maintenance costs to industry over the next three years of the ICR is estimated to be $67.9 million as shown in column E. These are recordkeeping costs.

6(c) Estimating Agency Burden and Cost

The only costs to the Agency are those costs associated with analysis of the reported information. EPA's overall 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 $4,922,029.

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

Managerial $62.27 (GS-13, Step 5, $38.92 + 60%)

Technical $46.21 (GS-12, Step 1, $28.88 + 60%)

Clerical $25.01 (GS-6, Step 3, $15.63 + 60%)

These rates are from the Office of Personnel Management (OPM), 2010 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.

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

The total number of respondents is referred to as the respondent universe. The respondent universe for this ICR is based on the EPA’s population database of industrial, commercial, and institutional boilers and process heaters. Industry burden is calculated based on 13,555 existing units in the database, however, many units have minimal reporting requirements (i.e., initial reporting requirement) and many other units have no requirements under the Boilers NESHAP. Approximately 46 new units will be constructed or reconstructed each year, but many of those sources will have minimal or no requirements. All facilities that have an applicable emission limit or work practice standard under the regulation must prepare a startup, shutdown, malfunction plan and keep records of startup, shutdown, and malfunction events. Units that demonstrate continuous compliance through continuous parameter monitoring must establish a site-specific monitoring plan. A table showing the estimated number of sources for each category is shown below.

Table 2 Number of Responses for New and Existing Units

(A)	(B)	(C)	(D)*
Boiler Type	Number of Respondents (facilities)	Total Number Responses for 3-year Period	Average Annual Number of Responses
Existing Large Solid Units	117	585	195
New Large Solid Units	0	0	0
Existing Small Solid Units	2	5	2
New Small Solid Units	0	0	0
Existing Large Liquid Units	69	345	115
New Large Liquid Units	5	32	11
Existing Small Liquid Units	29	73	24
New Small Liquid Units	2	16	5
Existing Large Gaseous Units	544	2,199	733
New Large Gaseous Units	5	40	13
Existing Small Gaseous Units	848	2,120	707
New Small Gaseous Units	4	14	5

* Some responses are one-time only requirements and do not occur each year. Initial one-time requirements are included in the annual average for this initial 3-year ICR period.

6(e) Bottom Line 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.A-12.C and 13.A-13.C in Appendix A and B respectively, and summarized below.

(i) Respondent Tally

The total annual labor hours are 208,833. Details regarding these estimates may be found in tables 1.A-12.C in Appendix A. Furthermore, the annual public reporting and recordkeeping burden for this collection of information is estimated to average 115 hours per response.

The total annual capital/startup and O&M costs to the regulated entity are $67.9 million. The cost calculations are detailed in Section 6(b)(iii), Capital/Startup vs. Operation and Maintenance (O&M) Costs.

(ii) The Agency Tally

The average annual Agency burden and cost over next three years is estimated to be 93,648 labor hours at a cost of $4.9 million. See tables 13.A-C in Appendix B.

6(f) Reasons for Change in Burden

On September 13, 2004, under authority of section 112 of the Clean Air Act, EPA promulgated national emission standards for hazardous air pollutants for new and existing industrial/commercial/institutional boilers and process heaters. On June 19, 2007, the United States Court of Appeals for the District of Columbia Circuit vacated and remanded the national emission standards for hazardous air pollutants for industrial/commercial/institutional boilers and process heaters. This ICR documents the recordkeeping and reporting requirements associated with EPA’s proposed rule in response to the court’s vacatur and remand.

6(g) Burden Statement

The annual public reporting and recordkeeping burden for this collection of information is estimated to be 115 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; 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 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-OAR-2002-0058. 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 contents of the docket, and to access those documents in the public docket that are available electronically. When in the system, select “search,” then 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 Ave., NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is (202) 566-1744, and the telephone number for the docket center is (202) 566-1927. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number EPA-HQ-OAR-2002-0058 in any correspondence.

Part B of the Supporting Statement

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

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