In accordance
with 5 CFR 1320, OMB is not approving the information collection at
this time. Prior to publication of the final rule, the agency must
submit to OMB a summary of all comments received on the information
collection and any changes made in response to these comments.
Inventory as of this Action
Requested
Previously Approved
04/30/2012
04/30/2012
04/30/2012
1,542
0
1,542
124,976
0
124,976
495,900
0
495,900
Title IV of the Clean Air Act
Amendments of 1990 (the acid rain title) established goals to
reduce annual emissions of sulfur dioxide (SO2) and nitrogen oxides
(NOx) and place a national cap on SO2 emissions beginning in the
year 2000. To ensure compliance and to provide the national
consistency, Title IV requires the designated representative of
each affected acid rain source to obtain an operating permit for
the affected source and to certify that an approved emissions
monitoring system has been installed and is properly operated at
each affected unit's source of emissions. In addition, under a
Federal NOx budget trading program sources also must meet similar
requirements as part of an emissions trading program. In May 2005,
EPA promulgated the Clean Air Interstate Rule (CAIR), which may
broaden the trading program concept to additional sources. Emission
monitoring and reporting is the foundation upon which these
allowance trading systems are based. Without accurate monitoring
and reporting of emissions there would be no assurance that
emissions had been reduced. Data handling or reporting is required
by the law, and under promulgated regulations EPA imposes data
handling, reporting, and recordkeeping requirements. The EPA
requires that all affected units are required to monitor and report
emissions under these trading programs use a data acquisition and
handling system (DAHS) to record and submit hourly data in an
electronic data (EDR) format. The Clean Air Markets Division (CAMD)
has recently completed the re-engineering of the process and data
systems into the new Emissions Collection and Monitoring System
(ECMPS) reviewing how data and emissions are reported, quality
assured, maintained and submitted. Adding flexibility to the
process is one of the main reasons for changing how monitoring and
emissions data are quality assured and submitted. EPA is proposing
to amend its Protocol Gas Verification Program (PGVP) and the
minimum competency requirements for air emission testing (formerly
air emission testing body (AETB) requirements). On January 24,
2008, revisions to 40 CFR Part 75, the Acid Rain Program continuous
emission monitoring regulations, were published in the Federal
Register (see 73 FR 4340 January 24, 2008). The PGVP and AETB
provisions were to become effective on January 1, 2009. However,
the Administrator received a Petition for Review, and a Petition
for Reconsideration, claiming that EPA had not properly promulgated
the PGVP as well as a Petition for Review challenging the AETB
requirements. As a result of the petitions, EPA decided to
repromulgate the PGVP and AETB requirements. The proposed PGVP
amendments include provisions requiring that EPA Protocol gases
used for Part 75 purposes be obtained from specialty gas producers
which participate in a PGVP. The amended provisions further provide
that Part 75 affected sources that use EPA Protocol gas must
procure such gas from PGVP participants. The new PGVP provisions
require that specialty gas companies pay for cylinder analysis by
the the National Institute of Standards and Technology, and also
include simple recordkeeping and reporting requirements.
The existing requirements in 40
CFR Part 75 are mandatory for all sources subject to the Acid Rain
Program under Title IV of the Clean Air Act, as well as certain
other emissions trading programs administered by EPA. These
requirements are covered by existing ICRs for the Acid Rain Program
(ICR No. 1633.13, OMB 2060-0258), the NOx SIP Call (ICR No.
1857.03, OMB No. 2060-0445), and the Clean Air Interstate Rule (ICR
No. 2152.01). The rulemaking covered by this ICR outlines new,
revised reporting and recordkeeping requirements for facilities
subject to Part 75. The proposed rule requires such facilities to
follow requirements that assure that facilities properly use Air
Emission Testing Bodies (AETBs) that meet certain standards and
obtain EPA Protocol gas from vendors that participate in EPA's
Protocol Gas Verification Program (PGVP). The PGVP program requires
any participating EPA protocol gas production site to meet certain
requirements and notify the Administrator of its intent to
participate on an annual basis. Under the quality assurance and
quality control requirements, Part 75 facilities must use AETBs
that meet the revised requirements under Appendix A to Part 75,
Section 6.1.2, which includes a specification that the requirements
(e.g., qualification exams) of ASTM D7036-04 apply to RATAs, stack
testing, and NOx emission testing. These new requirements clarify
the documentation needed for proof of compliance, including
certification, quality assurance, and quality control record
provisions. Some of these changes may in fact, reduce the burden
for sources and AETBs by streamlining the process. This ICR covers
the specific elements and burden that will result from the new AETB
requirements, including passing the Qualified Stack Test Individual
(QSTI) competency exam and development of a QA manual by affected
stack testing companies, and the new PGVP requirements including
annual notifications and re-notifications that include the
specialty gas company name; the name and address of each
participating EPA Protocol gas production site owned or operated by
the specialty gas company; and the name, email address and phone
number of a contact person at each site. This ICR also covers the
burden associated with some minor changes to the recordkeeping and
reporting requirements under Part 75. The burden on affected
sources will be in the form of increased fees that Part 75
facilities will incur as a result of AETBs and vendors
participating in the PGVP passing along the costs necessitated by
the Amendments to the Protocol Gas Verification Program, and
Minimum Competency Requirements for Air Emission Testing. This ICR
also covers the small increase in Agency burden to track compliance
with these programs. In addition to covering the increase in fees
to Part 75 sources resulting from the revisions to AETB and PGVP
requirements, this ICR also covers some additional reporting
requirements. These include revisions to sections 75.53, 75.58, and
75.59 which add various data elements that were inadvertently left
out of the August 22, 2006 proposed rule and the January 24, 2008
final rule. These data elements have already been incorporated in
the DAHS of Part 75 affected units and are required to ensure that
EPA's new reporting software data requirements are consistent with
the regulatory requirements.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
PGVP and AETB Proposed Rule ICR_SS_AETB and PGVP_1-7-10 rst edits to OEI 1-11-10.doc
Amendments to the Protocol Gas Verification Program, and Minimum Competency Requirements for Air Emission Testing