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.
table that charts list comparision
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