SUPPORTING STATEMENT
ENVIRONMENTAL PROTECTION AGENCY
Standards of Performance for New Stationary Sources:
Sewage Sludge Incineration (SSI) Units (Subpart LLLL)
1. IDENTIFICATION OF THE INFORMATION COLLECTION
1(a) Title of the Information Collection
“Standards of Performance for New Stationary Sources: Sewage Sludge Incineration (SSI) Units (Subpart LLLL).”
1(b) Characterization of Information Collection
This supporting statement addresses information collection activities imposed by the Standards of Performance for New Stationary Sources: Sewage Sludge Incineration (SSI) Units Subpart LLLL. The new source performance standards (NSPS) fulfill the requirements of sections 111 and 129 of the Clean Air Act (CAA), which require EPA to promulgate NSPS for solid waste incineration units.
The use of the term "Designated Administrator" throughout this document refers to the U.S. EPA Administrator or a delegated authority such as a state agency. The term "Administrator" alone refers to the U.S. EPA Administrator.
The information collection activities required by the NSPS include: siting requirements, operator training and qualification requirements, testing, monitoring and reporting requirements, one-time and periodic reports, and the maintenance of records. These activities will enable the Designated Administrator to determine initial compliance with the emission limits for the regulated pollutants, monitor compliance with operating parameters, and ensure that facilities conduct the proper planning and operator training. We realize that some facilities may not incur these costs within the first three years, and may incur them during the fourth or fifth year instead. Therefore, this information collection request (ICR) presents a conservatively high burden estimate for the initial three years following promulgation of the proposed emission guidelines.
This ICR presents the burden to respondents and the Designated Administrator (State or Federal Government) that will be imposed by the plans developed to implement the standards of performance for new stationary sources. Respondents are owners or operators of new or modified SSI units.
The requirements described below are the minimum requirements established by the standards of performance for new stationary sources. Although the Designated Administrator may choose to impose more stringent requirements, it is assumed for this burden estimate that the implemented plans mirror the NSPS.
Over the next three years, two respondents are projected to be subject to this standard; two facilities are projected to have new or modified sewage sludge incinerators and will thus have to meet NSPS guidelines. The cost of this Information Collection Request (ICR), based on these 2 facilities, will be $815,000.
The burden to the “Affected Public” for each SSI may be found in Tables 1 - 4 in Attachment 2. The burden to the “Designated Administrator” is attributed entirely to work performed by federal employees or government contractors; this burden may be found in Tables 5 - 8 of Attachment 3.
2. NEED FOR AND USE OF THE COLLECTION
2(a) Need/Authority for the Collection
The EPA is required under sections 111 and 129 of the CAA to establish standards of performance for new stationary sources that reflect the maximum achievable control technology (MACT) for achieving continuous emission reductions:
CAA section 129(a)(1) states:
Standards applicable to solid waste incinerator units promulgated under section 111 and this section shall reflect the maximum degree of reduction in emissions of air pollutants listed under section (a)(4) that the Administrator, taking into consideration the cost of achieving such emission reduction, and any non-air quality health and environmental impacts and energy requirements, determines is achievable for new or existing units in each category.
CAA section 111(e) further states:
After the effective date of standards of performance promulgated under this section, it shall be unlawful for any owner or operator of any new source to operate such source in violation of any standards of performance applicable to such source.
2(b) Practical Utility/Users of the Data
The information will be used by Designated Administrators' enforcement personnel to ensure that the requirements of the State (or Federal) plan are being implemented and are complied with on a continuous basis. Specifically, the information will be used by the Designated Administrator to: (1) identify new, modified, and reconstructed sources subject to the NSPS; (2) ensure that the NSPS is being properly applied; (3) ensure that the emission limits are being complied with; and (4) ensure, on a continuous basis, that the operating limits established during the initial performance test are not exceeded.
In addition, records and reports are necessary to enable the Designated Administrator to identify SSI facilities that may not be in compliance with the NSPS. Based on reported information, the Designated Administrator will decide which facilities should be inspected and what records or units should be inspected at the facilities. The records that SSI facilities maintain will indicate to the Designated Administrator whether facility personnel are properly operating and maintaining the incinerator and control equipment and whether facility personnel have met the qualification requirements.
3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA
The requested recordkeeping and reporting will be required under (40 CFR part 60, subpart LLLL).
3(a) Nonduplication
The information collected pursuant to the NSPS consists primarily of a siting analysis, operator training, emissions testing, and monitoring of operating parameters. This information collection amends the information collection requirements currently collected for SSI units by EPA or any other Federal agency.
In more than 95 percent of the cases, the enforcement of NSPS has been delegated to State air pollution control agencies. In such cases, the actual emission data reports required by the NSPS will be submitted to the appropriate State agency, and not directly to EPA. Thus, there is minimal possibility for the submittal of duplicate information to State agencies and EPA. In the few cases where State agencies have not requested delegation of NSPS enforcement, yet still require information from the facility, the facility owner or operator may submit a copy of the State or local reports to EPA in lieu of the report required by the NSPS, as specified in the General Provisions of 40 CFR part 60.
3(b) Public notice prior to ICR submission to OMB
A public notice of this collection was provided in the Federal Register notice of proposed rulemaking published for the NSPS.
3(c) Consultations
The public was given the opportunity to review and comment on the NSPS and ICR during the public comment period for the proposed rulemaking.
3(d) Effects of Less Frequent Data Collection
The NSPS require initial and annual performance tests, continuous operating parameter monitoring, annual operator training, annual control device inspections, and annual reporting (semiannual deviation reports are required if any of the emission limits or operating limits are exceeded). The frequency of these activities was chosen by EPA as the period that will provide an adequate margin of assurance that affected facilities will not operate for extended periods in violation of the NSPS.
The annual performance testing will ensure that, on an ongoing basis, the air pollution control device is operating properly and its performance has not deteriorated. The NSPS allows the owner or operator to conduct annual performance tests once every three years if certain criteria are met.
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 conduct annual performance tests and continuously monitor the operating parameters. Although continuous monitoring of operating parameters cannot provide a direct measurement of emissions, it is less expensive than CEMS, and the information provided can be used to ensure that the incinerator and associated air pollution control equipment are operating properly. This information assures EPA and the public that the reductions envisioned by the regulations are being achieved. Less frequent monitoring would not ensure continuous compliance.
The proposed NSPS includes initial and annual operator training requirements for SSI unit operators; the NSPS requires at least one qualified operator or supervisor per facility. The annual training requirements include annual refresher training to maintain operator qualification and an annual review of site-specific documentation. The way in which an incinerator is operated has a significant impact on the emissions from that incinerator. The annual operator training is essential to ensure that the incinerator is being operated properly. The NSPS contains flexibility in the operator training by allowing the use of State-approved training and qualification programs.
Annual reporting allows the submittal of required information and data parameters so that any potential problems can be identified in a timely fashion. A semiannual deviation report is required for deviations from the operating limits and the emission limits so that the Designated Administrator can ensure that rapid corrective action is being taken.
3(e) General Guidelines
With the exception of requiring records to be maintained for more than 3 years, none of the guidelines in 5 CFR 1320.5 are being exceeded. The NSPS requires all records to be maintained by the source for a period of 5 years. In 40 CFR part 63, subpart A, "General Provisions for National Emission Standards for Hazardous Air Pollutants (NESHAP) for Source Categories," owners or operators of facilities are required to keep and maintain records for a period of 5 years. Records must be kept on file for use, if needed, by the regulating authority to ensure that the plant personnel are operating and maintaining control equipment properly. Furthermore, CAA section 129 requires all SSI units to obtain title V operating permits under 40 CFR part 70 or 71 permit programs. The title V permit programs also require records to be retained for 5 years. The NSPS allows files to be kept in paper or electronic format and must be available onsite.
3(f) Confidentiality
All information submitted to EPA for which a claim of confidentiality is made will be safeguarded according to EPA 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 39999, September 28, 1978; 43 FR 42251, September 28, 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
Respondents would be owners or operators of SSI units for which construction commences after the date of proposal publication in the Federal Register or for which modification commences 6 months (or later) after promulgation of the final NSPS. These standards affect any industry using a sewage sludge incinerator as defined in the regulation. This includes North American Industry Classification System (NAICS) Code 221 (Sewage Treatment Facilities and Water Treatment Plants), among others.
Based on the assumed distribution of new or modified facilities with affected sewage sludge incinerators, there are 2 facilities which will be affected. Of these, 100 percent are assumed to be located in the public sector.
4(b) Information Requested
(i) Data Items
Attachment 1, Source Data and Information Requirements, and Tables 1 - 4 of Attachment 2 present a summary of the recordkeeping and reporting requirements of this regulation.
(ii) Respondent Activities
The respondent activities required by the standards are provided under the first column of Tables 1 through 3 of Attachment 2, introduced in section 6(a). All burden items are included in these tables.
(iii) Summary of Requirements
The information collection activities in this ICR include the following: preparation of a siting analysis, performance tests, operating parameter monitoring, operator training, one-time and periodic reports, and the maintenance of records. Some information collection activities included in the NSPS may occur within the first three years, and are presented in this burden estimate, but may not occur until 4 or 5 years following promulgation of the proposed standards for some affected sources. To be conservative in our estimate, the burden for these items is included in this ICR.
The NSPS requires an initial performance test for PM, dioxins/furans, opacity, HCl, Cd, Pb, Hg, NOx, and SO2. During the initial performance test, the owner or operator must establish limits for each operating parameter. Thereafter, the owner or operator must conduct annual performance tests and continuously monitor the operating parameters. The NSPS allows the owner or operator to conduct annual performance tests once every three years if certain criteria are met.
To ensure the proper operation of the incinerator, the NSPS requires that each facility establish and maintain at least one qualified SSI unit operator or supervisor. The operator qualification process includes training, an exam, and review of site-specific materials. The operator qualification requirements allow the flexibility to use State-approved training and qualification programs. To maintain qualification the operators or supervisors must attend an annual refresher course and review site-specific materials annually.
Prior to commencing construction, the owner or operator must submit a report that includes a statement of intent to construct, the anticipated date of commencement of construction, the siting analysis, and the anticipated date of initial start-up. The siting analysis considers air pollution control alternatives that minimize, on a site-specific basis, potential risks to public health or the environment.
Prior to initial startup, the owner or operator must submit a report that documents the maximum design waste burning capacity, the anticipated maximum charge rate, and any petitions for site-specific operating parameters.
Following the initial performance test, the owner or operator must submit a report that documents the results of the performance test and the values for the facility’s operating limits.
An annual report is required that documents: the values for the operating limits; any deviations or malfunctions; the results of any performance tests; if no deviations occurred, a statement that no deviations occurred; and documentation of periods when all qualified operators were unavailable for more than 8 hours.
If the operating limits or emission limitations are exceeded, the owner or operator must submit a deviation report that provides details on the deviation.
As specified in the NSPS, owners or operators of SSI units are required to keep records of certain parameters and information for a period of 5 years. Owners or operators are required to maintain records of the initial performance test, annual performance tests, and any subsequent performance tests. Owners or operators must also maintain records of the monitoring data for the operating parameters, and records of monitoring device calibration.
Records must be maintained for any deviations from the operating limits, and days for which the minimum amount of operating parameter monitoring data were not obtained.
Owners or operators must maintain the names of persons who have completed the review of site-specific information and who have met the operator qualification requirements. Records must also be maintained of all documentation for the siting analysis and site-specific documentation.
All reports are to be submitted to the Designated Administrator. The information will be used to determine that all sources subject to the emission guidelines are achieving the requirements.
As an administrative addition to this ICR, EPA is also including an illustrative estimate of the burden associated with performing a Root Cause Analysis (RCA) associated with affirmative defense of malfunctions if the source elects to avail themselves to this defense in court. EPA is providing this as an illustrative example of the potential additional administrative burden a source may incur to assert an affirmative defense in response to an action to enforce the standards set forth in the applicable subpart. If a source is in compliance and does not encounter malfunctions that cause a violation of the standard, EPA does not expect this activity to be routinely performed by a source. Our decision to include this record keeping and reporting in the ICR burden is not to assert that EPA assumes less than full compliance. EPA cannot estimate whether an affirmative defense would be necessary for any source or class of sources. It is not an enforceable requirement of compliance.
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 5 through 8 of Attachment 3.
5(b) Collection Methodology and Management.
This collection of information does not require the use of automated collection techniques because of the relatively small number of respondents affected. See section 5(d) Collection Schedule.
5(c) Small Entity Flexibility
There are no small entities (i.e., small businesses) affected by this regulation.
The NSPS does not contain any provisions reserved exclusively for the benefit of small entities. However, the NSPS does contain provisions that reduce the impact on all regulated entities, which would include any small entities. The owner or operator is allowed to conduct performance tests once every three years to show compliance if certain criteria are met. Deviation reports are required only if there is a deviation, otherwise reporting is annual, and operating parameter monitoring is required instead of continuous emissions monitoring systems (CEMS) for all pollutants except for CO.
5(d) Collection Schedule
In the first three years following promulgation of the NSPS, owners or operators would perform the following one-time information collection activities: reading the NSPS, notification of intent to construct (includes a study addressing siting requirements), report prior to initial start-up, initial performance tests (PM, dioxins/furans, opacity, HCl, Cd, Pb, Hg, NOx, and SO2), initial operator training and qualification, and report following initial performance test (includes operating parameter values). The data will be entered into the Aerometric Information Retrieval System (AIRS), operated and maintained by EPA’s Office of Air Quality Planning and Standards.
Annual performance tests are required for the pollutants along with continuous parameter monitoring. An annual operator training refresher course, site-specific information review, and also an annual control device inspection is required.
An annual report is required that includes compliance data on the operating limits, performance test results, identification of deviations and malfunctions, and documentation of periods when all qualified operators were unavailable for more than 8 hours.
Additionally, if the operating limits or emission limits are exceeded, the owner or operator must submit a deviation report that provides details on the deviation. Information obtained from annual compliance reports will be published and distributed through the EPA compliance data system (CDS). Data obtained during periodic visits by EPA personnel from records maintained by the respondents will be tabulated and published for internal EPA use in compliance and enforcement programs.
6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION
Tables 1 through 4 of Attachment 2 document the computation of individual burdens and non-labor costs 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. Table 8 of Attachment 2 presents a summary of the agency burden.
6(a) Estimating Respondent Burden
The baseline population of 2 new or modified SSI units is based upon past growth in consideration with the requirements of the NSPS rule.
The average annual burden to industry over the next three years from these recordkeeping and reporting requirements is estimated to be 701 hours. The average annual recordkeeping hours shown in Tables 1 - 3 of Attachment 2 are 56 and the reporting requirements hours shown are 645.
6(b) Estimating Respondent Costs
The information collection activities for sources subject to these requirements are presented in Tables 1 through 3 of Attachment 2. The total cost for each respondent activity includes labor costs, capital/startup costs, and operating and maintenance (O&M) costs.
(i) Estimating Labor Costs
This ICR uses the following labor rates:
Managerial $92.77 ($43.44 + 110%)*1.017
Technical $57.22 ($26.79 + 110%)*1.017
Clerical $35.24 ($16.50 + 110%)*1.017
These rates are taken from the Bureau of Labor Statistics, Occupational Employment Statistics, May 2009 National Industry-Specific Occupational Employment and Wage Estimates for NAICS 999300 - Local Government categories. The occupational categories that are the most similar to personnel operating SSI unit operations are assumed to be Engineering Technicians, except Drafters, all other (17-3029), General and Operations Managers (11-1021), and Secretaries, except Legal, Medical, and Executive (43-6014). The labor rates are adjusted with an average fringe benefit and overhead rate addition of 110 percent times the base rate to account for paid leave, insurance, etc. Since the labor rates are from May 2009, an Employment Cost Index (ECI) factor of 1.017 was also used to adjust the rates to March 2010 to give a current rate. Therefore, the total loaded wage rates are calculated by the following equation:
(Base labor rate + (Base labor rate x 1.10))*ECI factor = Loaded labor rate
For emission testing labor rates, a nominal labor rate of $80.00 per hour is used. This labor rate reflects the current loaded labor rate for emission testing contractors and includes fringe benefits and overhead, as well as the additional equipment costs needed to perform emission tests and analyze gas samples.
(ii) Estimating Capital/Start-up and Operation and Maintenance Costs
The capital costs associated with the proposed emission guidelines include a file cabinet for storing copies of records and reports, and monitoring system initial costs; one time costs when a facility becomes subject to the regulation. The annual operation and maintenance costs are the ongoing costs to maintain the monitors, conduct initial and subsequent annual testing, and other costs such as photocopying and postage. As discussed earlier, we have estimated the burden if these occurred within the first three years, but realize that some facilities may incur these costs within years 4 or 5.
(iii) Capital/Startup vs. Operation and Maintenance (O&M) Costs
Below are the estimated 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 |
||||
|
(B) Number of Respondents (facilities) |
(C) Total Capital/Startup Costs |
(D) Total Annualized Capital/Start-up and O&M over 3 years |
(E) Average Annual Capital/Startup and O&M Costs |
SSI Units |
2 |
$454,000 |
$695,000 |
$232,000 |
The total capital/startup costs for this ICR are $454,000.
The total annualized capital/startup and O&M costs for this ICR are $695,000, or an average of $232,000 per year. These are recordkeeping costs.
(iv) Potential Burden under Affirmative Defense
When a malfunction occurs, sources must report them according to the applicable reporting requirements of this Subpart. An affirmative defense to civil penalties for exceedances of emission limits that are caused by malfunctions is available to a source if it can demonstrate that certain criteria and requirements are satisfied. The criteria ensure that the affirmative defense is available only where the event that causes an exceedance of the emission limit meets the narrow definition of malfunction in 40 C.F.R. 63.2 (sudden, infrequent, not reasonable preventable and not caused by poor maintenance and or careless operation) and where the source took necessary actions to minimize emissions. In addition, the source must meet certain notification and reporting requirements. For example, the source must prepare a written root cause analysis and submit a written report to the Administrator documenting that it has met the conditions and requirements for assertion of the affirmative defense.
To provide the public with an estimate of the relative magnitude of the burden associated with an assertion of the affirmative defense position adopted by a source, EPA provides an administrative adjustment to this ICR that shows the notification, recordkeeping and reporting requirements associated with the assertion of the affirmative defense might entail. EPA’s estimate for the required notification, reports and records, including the root cause analysis, totals $3,141 and is based on the time and effort required of a source to review relevant data, interview plant employees, and document the events surrounding a malfunction that has caused an exceedance of an emission limit. The estimate also includes time to produce and retain the record and reports for submission to EPA. EPA provides this illustrative estimate of this burden because these costs are only incurred if there has been a violation and a source chooses to take advantage of the affirmative defense.
Personnel |
Number of Personnel |
Time Requirement (hours) |
Total Hours |
Hourly Rate ($/hr) |
Total |
Technical Personnel |
3 |
6 |
18 |
98.20 |
$ 1,768 |
Managerial Personnel |
2 |
6 |
12 |
114.49 |
$ 1,374 |
Total |
5 |
|
30 |
|
$ 3,141 |
6(c) Estimating Agency Burden and Cost
Because the information collection requirements were developed as an incidental part of standards development, no costs can be attributed to the development of the additional information collection requirements. Because reporting and recordkeeping requirements on the part of the respondents are required under sections 111 and 129 of the Act, no operational costs would be incurred by the Federal Government. Publication and distribution of the information are part of the AIRS Facility subsystem, with the result that no Federal costs can be directly attributed to the ICR. Examination of records to be maintained by the respondents would occur incidentally as part of the periodic inspection of sources that is part of the Designated Administrator’s overall compliance and enforcement program and, therefore, could not be attributable to the ICR. The only costs that the Implementing Agency would incur in the first three years are: reading and understanding the rule and the preparing of an annual report summarizing progress in implementing State plans and the compliance status of all the affected facilities. However, to be conservative in our estimate, we have estimated the burden as if the costs to the Implementing Agency for initial and ongoing compliance activities are also accounted for.
The average annual Agency cost during the three years of the ICR is estimated to be $13,300.
This cost is based on the average hourly labor rates 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 overhead and fringe benefit costs. Details on the line item estimates used to calculate these burdens are presented in Tables 5 through 8 of Attachment 3.
6(d) Estimating the Respondent Universe and Total Burden Costs
The total number of respondents is also referred to as the respondent universe. The respondent universe for this ICR is based upon past growth in consideration with the requirements of the NSPS rule. Industry burden is calculated based on the number of units and the anticipated controls and monitoring that each unit will most likely utilize to comply with the proposed NSPS.
Additional estimates regarding the respondent universe are included in the industry burden determination. The EPA estimates that 2 respondents (facilities) will read the rule in year 1, submit a report for construction including siting analysis, and will submit an initial compliance report. We have also included the burden associated with initial monitoring in the year 1 estimates. In years 2 and 3, the 2 respondents incur the annual burden associated with the NSPS, such as annual testing and monitoring system operation and maintenance.
Total Annual Responses |
|||
|
(B) Number of Respondents (facilities) |
(C) Total Number Responses for 3-year Period |
(D) Average Annual Number of Responses |
SSI Units |
2 |
29 |
10 |
Affirmative Defense |
0 |
0 |
0 |
The number of average annual responses is 10.
6(e) Bottom Line Burden Hours and Cost Tables
(i) The Respondent Tally
A breakdown for each of the collection, reporting, and recordkeeping activities required by the NSPS is presented in Tables 1 through 4 of Attachment 2. Tables 1, 2, and 3 show the costs for SSI units in years 1, 2, and 3. Table 4 summarizes the costs for the three year period. The estimate of total annual hours requested from the respondents was based on the assumptions outlined in section 6(d) of this ICR. The respondent burden is estimated for the first 3 years after adoption of these guidelines by totaling the hours per year for technical, managerial, and clerical staff at the plant. This total was then divided by 3 to arrive at the annualized burden (see Table 4). A similar approach was taken for estimating annual labor costs. For the first three years after the adoption of the NSPS, it is estimated that industry would expend 701 hours annually at a cost of $39,800 per year to meet the monitoring, recordkeeping, and reporting requirements. The annual non-labor costs are estimated at $232,000, which include the annual costs associated with the monitoring system and initial and annual performance testing.
(ii) The Designated Administrator
The bottom line Designated Administrator burden hours and costs, presented in Tables 5 through 7 of Attachment 3, were calculated by totaling the hours per year for technical, managerial, and clerical staff, and by totaling the cost column. Table 8 of Attachment 3 summarizes the annual agency burden for each of the first three years and calculates the average annual burden by dividing the three year total by three. The estimated average annual burden over the first 3 years for the Designated Administrator would be 276 hours at a cost of $13,300 per year.
(iii) Variations in the annual bottom line
The total respondent costs for years 1, 2, and 3 are $357,000, $229,000, and $229,000. The corresponding total respondent hours over these periods is 1270, 420, and 420 (see Tables 1 through 4 of Attachment 2). Activities include reading and understanding the rule, developing a construction plan including siting analysis, and compliance reports. We have also estimated the burden of the rule to occur within the first three years. These include initial and annual performance tests, operator training and qualification, setting and monitoring of operating parameter values, and reporting and recordkeeping for these activities. We realize, however, that some of these activities will not occur until years 4 or 5 for some sources. Therefore, the respondent burden for years 1 through 3 may be conservatively high.
During the first 3 years, the Designated Administrators will be reviewing the regulation, reviewing the notification of construction and startup, observing initial stack tests, reviewing initial test reports, and preparing annual summary reports. In years 1, 2, and 3, the Designated Administrators will expend 515, 156, and 156 total hours in labor, respectively. The corresponding costs for each year are $24,100, $7,900, and $7,900 (see Tables 5 through 8 of Attachment 3).
6(f) Reasons for change in burden
The burden has been reduced between proposal and the final rule due to modifications in testing and reporting costs. The most significant impact on the burden was the allowance for facilities to test once every three years instead of complying through annual performance testing if certain criteria are met. Furthermore, the reports and their associated hours were changed to more accurately reflect the rule.
To provide the public with an estimate of the relative magnitude of the burden associated with a source asserting the affirmative defense position, EPA is providing an administrative adjustment to this ICR. The adjustment shows the notification, recordkeeping and reporting requirements associated with the assertion of the affirmative defense. This illustrative example does not result in an increase in the burden for this rule. EPA provides this estimate of the burden because these costs are only incurred if the source believes that there has been a violation, and chooses to take advantage of the affirmative defense.
6(g) Burden Statement
The annual public reporting and recordkeeping burden for this collection of information is estimated to be 72 hours per response. Burden means 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 currently valid OMB control number. The OMB control numbers for EPA’s regulations are listed in 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-2009‑0559. 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-2009‑0559 in any correspondence.
PART B OF THE SUPPORTING STATEMENT
This section is not applicable because statistical methods are not used in data collection associated with this regulation.
ATTACHMENT 1 SOURCE DATA AND INFORMATION REQUIREMENTS |
|
Requirement |
40 CFR 60 Subpart LLLL |
RECORDKEEPING |
|
5-year retention of records. |
60.4910 |
Calendar date of each record. |
60.4910(a) |
Records of documentation of siting requirements. |
60.4910(b) |
Records of site-specific information and incinerator operation procedures. |
60.4910(c)(1) |
Records of names of persons who have completed review of the site-specific information and incinerator operating procedures in 60.4910(c)(1). |
60.4910(c)(1) |
Records of names of persons who have completed the operator training requirements. Includes documentation of the training and the dates of the training. |
60.4910(c)(2) |
Records showing the periods when no qualified operators were accessible for more than 8 hours, but less than two weeks. |
60.4910(c)(3) |
Records showing the periods when no qualified operators were accessible for two weeks or more. |
60.4910(c)(4) |
Records of control device inspections. |
60.4910(d) |
Records of initial performance tests, annual performance tests, and any subsequent performance tests. |
60.4910(e) |
Records of all continuous monitoring data; includes continuous emissions monitors, continuous automated sampling systems, and continuous parameter monitors. |
60.4910(f) |
Records of other info for continuous monitoring systems. |
60.4910(g) |
Records of days when a deviation from the operating or emission limits have occurred. Includes a description of the deviation and a description of the corrective actions taken. |
60.4910(h) |
Equipment vendor specifications for the incinerator, emission controls, and monitoring equipment. |
60.4910(i) |
Records of calibration of any monitoring devices. |
60.4910(j) |
Records of monitoring plan and performance evaluations. |
60.4910(k) |
Records of less frequent testing. |
60.4910(l) |
Records of use of bypass stack. |
60.4910(m) |
REPORTING |
|
Submit notification of construction
|
60.4915(a) |
Submit notification of initial startup
|
60.4915(b) |
Initial compliance report - report the following information no later than 60 days after the initial performance test:
|
60.4915(c) |
Annual compliance report - report the following information annually:
|
60.4915(d) |
If a deviation from operating limits or emission limits occurs, submit a deviation report that includes the following information:
|
60.4915(e)
|
If all qualified operators are unavailable for more than 2 weeks, submit a notification of the deviation within 10 days and a corrective action summary every 4 weeks |
60.4915(f) |
Report the following information if a force majeure occurs:
|
60.4915(g) |
Submit a notification 1 month prior if you intend to start or stop use of a CMS |
60.4915(h) |
Submit a notification 30 days prior if you intend to conduct a performance test |
60.4915(h) |
Submit a notification at least 7 days in advance if you intend to reschedule a performance test |
60.4915(h) |
ATTACHMENT 2
TABLES 1, 2, 3, and 4
Table 1: Annual Respondent Burden and Cost of Recordkeeping and Reporting Requirements of the Standards of Performance for New Stationary Sources: Sewage Sludge Incineration Units - Subpart LLLL - Year 1
Table 2: Annual Respondent Burden and Cost of Recordkeeping and Reporting Requirements of the Standards of Performance for New Stationary Sources: Sewage Sludge Incineration Units - Subpart LLLL - Year 2
Table 3: Annual Respondent Burden and Cost of Recordkeeping and Reporting Requirements of the Standards of Performance for New Stationary Sources: Sewage Sludge Incineration Units - Subpart LLLL - Year 3
Table 4: Summary of Annual Respondent Burden and Cost of Recordkeeping and Reporting Requirements of the Standards of Performance for New Stationary Sources: Sewage Sludge Incineration Units - Subpart LLLL
ATTACHMENT 3
TABLES 5, 6, 7, and 8
Table 5: Annual Designated Administrator Burden and Cost of Recordkeeping and Reporting Requirements of the Standards of Performance for New Stationary Sources: Sewage Sludge Incineration Units - Subpart LLLL - Year 1
Table 6: Annual Designated Administrator Burden and Cost of Recordkeeping and Reporting Requirements of the Standards of Performance for New Stationary Sources: Sewage Sludge Incineration Units - Subpart LLLL - Year 2
Table 7: Annual Designated Administrator Burden and Cost of Recordkeeping and Reporting Requirements of the Standards of Performance for New Stationary Sources: Sewage Sludge Incineration Units - Subpart LLLL - Year 3
Table 8: Summary of Designated Administrator Burden and Cost of Recordkeeping and Reporting Requirements of the Standards of Performance for New Stationary Sources: Sewage Sludge Incineration Units - Subpart LLLL
| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| File Title | STANDARD FORM 83 SUPPORTING STATEMENT ICR No |
| Author | JHuckaby |
| File Modified | 0000-00-00 |
| File Created | 2021-02-01 |