1176ss10

1SUPPORTING STATEMENT

NSPS for New Residential Wood Heaters

(40 CFR Part 60, Subpart AAA) (Revision)

PART A

1.0 Identification of the Information Collection

(a) Title and Number of the Information Collection.

The title of the Information Collection Request (ICR) is NSPS for New Residential Wood Heaters (40 CFR Part 60, Subpart AAA) (Revision), U.S. Environmental Protection Agency (EPA) tracking number 1176.10, Office of Management and Budget (OMB) Control Number 2060‑0161.

(b) Short Characterization.

This ICR covers information collection requirements in the proposed revisions of the New Source Performance Standards (NSPS) for new residential wood heaters (40 CFR part 60, subpart AAA). The information collected will be used by the EPA and delegated state and local agencies to determine the compliance status of sources subject to the rule. A wood heater is defined as an enclosed, wood burning appliance capable of and intended for residential space heating or domestic water heating. Unless otherwise specified, these devices include adjustable burn rate stoves, single burn rate stoves and pellet stoves.

One feature of the NSPS requires emphasis at the outset. That is, these regulations establish a certification program instead of the usual NSPS requirement that each affected facility demonstrate compliance through performance testing. Under this certification program, a single wood heater is tested to demonstrate compliance for an entire model line which could consist of thousands of stoves. The certification approach significantly reduces the compliance burden, including information collection, for the manufacturers of wood heaters. Because of the potential risks to the environment from the intentional or accidental misuse of the certification approach, there are several safeguards included, some of which entail reporting and recordkeeping. Under this regulation, wood heater manufacturers and testing laboratories are required to submit reports to the EPA and/or to maintain records for demonstrating compliance with the NSPS. The manufacturers also must contract with third party certification entities to develop and implement quality control plans.

The information supplied by the manufacturer to the agency is used: (1) to ensure that the best system of emission reduction is being applied to reduce emissions from wood heaters; (2) to ensure that the wood heater tested for certification purposes is in compliance with the applicable emission standards; (3) to provide assurance that non-tested production model heaters have emission performance characteristics similar to tested models; and (4) to provide an indicator of continued compliance. Information supplied to the agency by testing laboratories is used to grant or deny laboratory accreditation and to assist in enforcement and compliance activities.

We believe that 66 manufacturers and 6 certification laboratories would be subject to the revised NSPS. You can find the burden to the “Affected Public” listed below in Table 1, Three-Year and Annual Respondent Burden and Cost of Reporting and Recordkeeping Requirements of the Proposed Amendments. The federal government burden associated with the review of reports submitted by the respondent is shown below in Table 2, Three-Year and Annual Burden and Cost to the Federal Government of the Proposed Amendments. (Tables 1 and 2 are located at the end of this supporting statement.) We do not anticipate any reporting or recordkeeping burden for state, local or tribal entities because we have only delegated ability to enforce the standards for residential wood heaters sold or operated in their region. By retaining control over the certification and testing program, we ensure national consistency and provide the manufacturers with this resulting certainty.

We have not placed any reporting or recordkeeping requirements on the wood heater owner or operator, although we have provided a list of prohibited fuel types and prohibited operations in subpart AAA as well as good operating and good burning practices that are specified in the owner’s manual.

Subpart AAA retains a list of prohibitions that apply to the commercial owner (i.e., manufacturer, distributor, wholesaler or retailer) regarding labeling requirements for stoves. Once again, failure to comply could result in enforcement actions, but there is no direct reporting or recordkeeping required under subpart AAA resulting from these actions.

Finally, as noted above, the proposed amendments to subpart AAA establish a responsibility for the wood heater manufacturer to develop a quality control plan for assuring that the units within a model line accurately reflect emission-critical components of the model line that has been reviewed and approved by a certifying entity for which the manufacturer has entered into a contract to provide certification services. Within 1 year of promulgation of the final rule, this certifying entity based approach must replace the existing manufacturer-based approach. We believe this change will reduce costs associated with quality assurance/quality control and reflect normal business operating expenses. In any case, subpart AAA does not impose any independent costs on the certifying entity.

The currently approved ICR has the following “Terms of Clearance (TOC): “As part of its submission, EPA should verify that the wage rate referenced in section 6(b) of the supporting statement have been updated to current values and properly loaded to include overhead, consistent with current EPA and OMB guidelines.” The EPA has addressed the TOC. The wage rates referenced in Section 6(b) of this supporting statement have been updated to current values and properly loaded to include overhead, consistent with current EPA and OMB guidelines.

The information collection requirements for new sources subject to the NSPS for Residential Wood Heaters are listed in Attachment 1.

2. Need For and Use of the Collection

(a) Need/Authority for the Collection.

The EPA is charged under section 111 of the Clean Air Act (CAA), as amended, to establish standards of performance for new stationary sources that reflect: “. . . application of the best system of emission reduction which (taking into consideration the cost of achieving such reduction and any non-air quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated. Section 111(a)(l). The agency refers to this charge as selecting the “best system of emission reduction.” Section 111 also requires that the Administrator review and, if appropriate, revise such standards every 8 years. In the Administrator's judgment, pollutant emissions from wood heaters cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare. Therefore, the NSPS was promulgated for this source category at 40 CFR part 60, subpart AAA.

Certain records and reports are necessary for the Administrator to confirm the compliance status of new residential wood heaters sold in the United States. These recordkeeping and reporting requirements are specifically authorized by CAA section 114.

(b) Use/Users of the Data.

The control of pollution from new residential wood heaters (i.e., wood stoves) relies on the reduction of particulate matter emissions by proper wood heater design. A representative unit for each model line is subjected to a certification test for particulate matter and carbon monoxide emissions for a range of operating conditions. The manufacturer also contracts with a third party certifying entity, which reviews the test reports and design drawings, and conducts periodic quality assurance audits to ensure that wood heaters manufactured subsequent to the initial certification test continue to comply with the NSPS Manufacturers must recertify their wood heater model lines every 5 years or when they make changes to the model line that would exceed specified parameters.

The required notifications are used to inform the agency when a new model line is expected to be tested. The EPA may then observe the testing operation, if necessary. Emission test reports are needed as these are the agency’s record of a model line’s initial capability to comply with the emission standard, and serve as a record of the operating conditions under which compliance was achieved.

Adequate recordkeeping and reporting are necessary to ensure compliance with these standards as required by the CAA. The information collected from recordkeeping and reporting requirements is also used for targeting inspections and is of sufficient quality to be used as evidence in court.

3. Nonduplication, Consultations, and Other Collection Criteria

(a) Nonduplication.

A computer search of the EPA’s ongoing ICRs revealed no duplication of information-gathering efforts.

Similar requirements to this amended NSPS are found in the requirements to 40 CFR part 60, subpart QQQQ, the NSPS for Residential Hydronic Heaters and Forced-Air Furnaces (proposed), and subpart RRRR, the NSPS for Residential Masonry Heaters (proposed). Subparts QQQQ and RRRR have separate ICRs undergoing OMB review. Although the requirements are similar, they are not duplicative because they apply to separate groups of appliances and the associated manufacturers. In the case of test laboratories, similar test laboratory accreditation requirements are found each of the three NSPS, but each has different test methods. Therefore, these requirements are not duplicative because separate laboratory accreditation is required for each test method.

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

The preamble to the proposed rule will provide public notice of this ICR.

(c) Consultations.

The proposed rule amendments were developed using extensive consultation with individual companies, trade associations and state agencies. Several of the key non-EPA persons consulted on the information collection activities are identified in Table 3. Additional meetings and contacts are documented in the project docket for this proposed rule, Docket No. EPA-HQ-OAR-2009-0734.

TABLE 3. PERSONS CONSULTED ON THE INFORMATION COLLECTION ACTIVITIES

Contact	Organization	Telephone Number
John Crouch	Hearth, Patio, Barbeque Association (HPBA)	916.536.2390
Rick Curkeet	Intertek Testing Services	608.836.4400
Alice Edwards	Alaska Dept. Of Environmental Conservation	907.465.5105
Bob Ferguson	Ferguson, Andors & Company	802.763.2339
Stephen Hartsfield	National Tribal Air Association	505.242.2175
Mike Haefner	American Energy Systems	320 587 6565
Dan Henry	Hearth & Home Technologies	509-685-8904
Ben Myren	Myren Consulting, Inc.	509.684.1154
Chris Neufeld	Blaze King Industries	509.522.2730
Mitch Pisik	Breckwell Hearth Products	817 652 9602
Lisa Rector	Northeast States for Coordinated Air Use Measurement (NESCAUM)	617.259.2095
Rod Tinnemore	Washington State Department of Ecology	360.407.6978
Steve Vogelzang	Vogelzang International, Inc.	616.396.1911
Paul Williams	United States Stove Company	423 837 2100

(d) Effects of Less Frequent Collection.

Less frequent information collection would decrease the margin of assurance that manufacturers are producing residential wood heaters that (1) pass the initial certification test, and (2) continue to be manufactured in a way that ensures continuous compliance with the emission standards. If the information required by these standards were collected less frequently, the likelihood of detecting violations would be reduced.

(e) General Guidelines.

None of the guidelines in 5 CFR 1320.6 are being exceeded.

(f) Confidentiality.

All 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 part 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).

(g) Sensitive Questions.

This section is not applicable because this ICR does not involve matters of a sensitive nature.

4. The Respondents and the Information Requested

(a) Respondents/NAICS Codes.

Potential respondents under subpart AAA are manufacturers of new residential wood heaters. The North American Industry Classification System (NAICS) code for residential wood heating manufacturing facilities is 333414, Heating Equipment (Except for Warm Air Furnace Manufacturing). This subpart also applies to accredited testing laboratories that conduct wood heater certification tests for manufacturers. The NAICS code for testing laboratories is 541380.

(b) Information Requested.

(i) Data Items, Including Recordkeeping Requirements. In this ICR, all the data recorded or reported is required by the NSPS for New Residential Wood Heaters (40 CFR part 60, subpart AAA). The reporting requirements for NSPS subpart AAA were uniquely designed for the manufacturers and testing laboratories. A special table is attached that describes the reporting and recordkeeping requirements in detail. See Attachment 1.

Under the proposed NSPS, test results are to be submitted electronically to EPA’s Central Data Exchange (CDX) using the Electronic Reporting Tool (ERT) beginning as soon as the ERT is modified to be compatible with wood heater test methods. More generally, EPA may request a report in any form suitable for the specific case (e.g., by electronic media such as Excel spreadsheet, on CD, or hard copy). Currently, testing laboratories are working voluntarily with EPA to streamline performance and proficiency test reporting. While EPA retains the right to require reports to be submitted in paper format, we believe that the reports required under the NSPS will increasingly be submitted electronically.

In addition, the proposed rule would require the electronic submittal of applications for certification and recertification and other required reports.

(ii) Respondent Activities. The respondent activities that will be required by the proposed amended Residential Wood Heater NSPS are identified in Table 1 (located at the end of this supporting statement) and introduced in section 6(a).

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

(a) Agency Activities.

Attachment 2 is a summary of the reporting and recordkeeping requirements for the federal government. The agency activities associated with the proposed amended Residential Wood Heater NSPS are provided in Table 2 (located at the end of this supporting statement) and are introduced in section 6(c).

(b) Collection Methodology and Management.

All reports are sent directly to the agency. Data obtained during periodic visits by agency personnel from records maintained by the respondents are tabulated and published for internal agency use in compliance and enforcement programs. Information contained in the reports is systematically filed at EPA headquarters. Portions of the data are entered into a special database program maintained exclusively by the agency for later retrieval, study and essential reports.

The EPA provides public access to the list of certified appliances and their emissions ratings on line. at http://www.epa.gov/compliance/resources/publications/monitoring/caa/woodstoves/certifiedwood.pdf.

The records required by this regulation must be retained by the manufacturer or test laboratory for 5 years.

(c) Small Entity Flexibility.

Most of the manufacturers, laboratories and commercial owners affected by this proposed regulation are considered small businesses based on the definition used by the Small Business Administration. Additional efforts were taken by the agency to reduce the burden imposed on the smallest businesses affected by this regulation. As under the original NSPS, we are proposing to include provisions that allow delayed compliance of up to 1 year for those manufacturers producing fewer than 2,000 single burn rate wood heaters per year. We believe that the majority of adjustable burn rate wood heaters and pellet stoves would already meet the proposed standards, and we are proposing to allow up to an additional 2 years for recertifying these existing model lines that meet the proposed standards. We believe that the presence of proposed staggered compliance dates will allow additional time for sources to come into compliance and help reduce burden on small businesses by spreading out research and development (R&D) costs over several years. We also believe that proposed changes to the quality assurance program will align better with existing safety quality assurance procedures, thus eliminating duplicative procedures. Finally, we note we are proposing to retain existing certification testing waiver provisions that have significantly reduced the need for sources to re-test already certified models under qualifying conditions. This provision has significantly reduced the burden associated with certification process for small manufacturers of wood heaters.

(d) Collection Schedule.

The specific frequency for each information collection activity within this request is shown in Table 1 for the Residential Wood Heater Source Category, which is located at the end of this supporting statement.

6. Estimating the Burden and Cost of the Collection

(a) Estimating Respondent Burden.

The annual burden estimates for the proposed amended Residential Wood Heater NSPS are shown in Table 1, located at the end of this section. These numbers were derived from estimates based on EPA’s experience with implementing existing subpart AAA and other standards.

(b) Estimating Respondent Costs.

(i) Estimating Labor Costs. Loaded labor rates have been calculated for 2010. We used May 2009 labor rates from the Bureau of Labor Statistics for the Ventilation, Heating, Air-Conditioning and Commercial Refrigeration Equipment Manufacturing (NAICS 333400),¹ and escalated them to 2010 rates using the Employment Cost Index (ECI) provided by the BLS for the manufacturing industry.² Loading factors (i.e., fringe benefits and overhead rates) were calculated using methodologies referenced in promulgated regulations and their accompanying ICRs, particularly those used in New Source Review (NSR) regulations. Fringe benefits are calculated as 29 percent of hourly earnings, and overhead is calculated using a standard 110 percent above hourly earnings. Table 4 presents the labor rates used in the cost analysis.

Table 4. 2010 LOADED LABOR RATES

Labor Category	Hourly earnings [$2009]	Fringe	Overhead	Loaded	ECI	Loaded 2010 Hourly Earnings ($)
Professional specialty and technical	28.92	1.29	2.1	$78.34	2.1	$79.99
Executive, admin, managerial	50.92	1.29	2.1	$137.94	2.1	$140.84
Admin support	16.08	1.29	2.1	$43.56	2.1	$44.48

(ii) Estimating Capital and Operations and Maintenance (O&M) Costs. In this section we provide estimated capital costs and one-time start-up costs associated with complying with the NSPS over the 3-year ICR clearance period. These costs are summarized in Table 5 at the end of this section. See the manufacturer costs impacts memo³ and the unit cost memo⁴ for more information on assumptions used in this section. Note that these cost impacts differ from ICR 1176.09 based on new information on the structure of the industry and the revisions to subpart AAA that would result in additional expenses during the 3-year ICR clearance period in order for all models to comply with the proposed standards.

As discussed in the manufacturer cost impacts memo, we estimate that there are currently 125 model lines of adjustable burn rate stoves produced by 34 manufacturers, 20 model lines of single burn rate stoves produced by 3 manufacturers and 125 model lines of pellet stoves produced by 29 manufacturers. We believe that only the manufacturers of single burn rate stoves would need to undertake R&D to modify or replace these model lines to meet the proposed emission standards; adjustable burn rate stoves and pellet stoves already comply with the proposed standards. Although the R&D process may take several years to complete, we made the worst-case assumption that all 20 model lines of single burn rate stoves would be modified or replaced to comply with the NSPS during the 3 years covered by this ICR (2013-2015). These model lines also would undergo certification testing during the ICR clearance period (assumed to occur in 2015). Each certification test is a one-time start-up cost that is incurred when the test is performed, and we estimate certification testing to cost approximately $10,000 per model line.

Adjustable burn rate stoves are subject to certification under the current NSPS and are not expected to incur any additional certification costs resulting from the proposed rule. We have assumed that all 125 model lines of adjustable burn rate stoves will apply for certification during the ICR clearance period. However, because most of these stoves are likely receive waivers from testing and/or have grandfathered certifications for the first 2 years, we have assumed that only 10 percent of the adjustable burn rate stove model lines will undergo certification emissions tests each year of the clearance period, for a total of 38 model lines during the 3-year ICR period. In addition, while pellet stoves are not anticipated to require R&D to meet the proposed NSPS, the vast majority of pellet stove models must undergo initial certification. We have assumed that all of the 125 estimated pellet stove models will undergo certification testing in the first year of the ICR clearance period (2013) because certification as achieving the NSPS will be a selling point for these stoves.

The amended NSPS would require a permanent label and a temporary label on each wood heater just as required under existing subpart AAA. To estimate the costs of the permanent and temporary labels, we used the same label cost estimates that are provided in ICR 1176.09. We applied these costs to the number of shipments estimated for the three wood heater types from 2013 to 2015. (See the unit cost memo for more information on estimated number of shipments.) We believe that manufacturers will act as quickly as possible to begin producing and to certify appliances that meet the proposed NSPS, even in advance of the applicable compliance date where possible, because certification will be a selling point for their units. Accordingly, we made the worst-case cost assumption that all wood heaters shipped during between 2013 and 2015 would be compliant heaters with labels affixed, absent a reliable means of estimating the actual fraction that would be labeled.

We anticipate that the each manufacturer’s quality control plan, as approved by the certifying entity, would include requirements to retest a certified model line under certain conditions to insure that such certified model lines continue to meet the NSPS emission limits. As for the certification tests, we estimate that the quality assurance tests would cost approximately $10,000 per test. We assumed that each of the 29 pellet stove and 34 adjustable burn rate stove manufacturers would be subject to quality assurance testing requirements for one model line during the 3-year period covered by this ICR. We did not include the single burn rate stove manufacturers because we have assumed that they will not certify their model lines until 2015, the last year covered by this ICR.

The last category of capital costs relates to the random audit testing requirement in the proposed amendments to the NSPS. Because this provision has remained unused in the current NSPS, the test labs have collected a large amount of funds in escrow accounts to pay for such testing. Under the revised NSPS, we anticipate conducting two random audit test programs per year in the 3-year clearance period. The labs will use the escrow accounts to pay for the cost of testing, so no testing costs will be incurred. However, the manufacturers of the audited model lines would incur costs to supply from one to fine units for testing, depending on test results. We have assumed that the manufacturers would supply, on average, two units for each test, with the average cost of shipping estimated to be $500 per test. We assumed that over the 3-year ICR period, three adjustable burn rate model lines (at a cost of $848 per unit) and three pellet stove model lines ($1,281) would be selected for audit testing (see the unit cost memo for more information on unit costs). Again, no single burn rate stoves were included because we have assumed that they will not be certified until 2015.

TABLE 5. ESTIMATED CAPITAL/START-UP COSTS FOR 3-YEAR CLEARANCE PERIOD (2013-2015)

(A)	(B)	(C)	(D)
Data Collection Device	Capital/Start-Up for One Respondent/Unit	Number of New Respondents/Units	Total Capital/Start-Up Cost
			(B X C)
Certification Test a	$27,727 per respondent	66 respondents	$1,830,000
Cost of Permanent Label b	$2 per unit	689,648 units	$1,379,296
Removable Label Purchase/ Printing Cost c	$0.75 per unit	689,648 units	$517,236
QA Emissions Test d	$10,000 per respondent	63 respondents	$630,000
Random Audit Compliance Tests e	$2,629 per respondent	6 respondents	$15,774
Total			$4,356,532
Annual average			$1,452,177
a We have assumed: all 125 pellet stove models (29 manufacturers) tested in 2013; 10 percent of adjustable burn rate stove models tested per year (total 38 models over 3 years; 34 manufacturers); and all 20 single burn rate models (3 manufacturers) tested in 2015. $10,000 per test.
b Total costs of permanent labels are estimated to be $2.00 per label. Estimate 689,648 new wood heaters produced by all manufacturers during the period covered by this ICR (2013-2015) and assume all will have permanent label affixed (worst-case assumption).
c Removable labels estimated to cost $0.75 per label. Estimate 689,648 new wood heaters produced by all manufacturers during the period covered by this ICR (2013-2015) and assume all will have removable label affixed (worst-case assumption).
d We have assumed each of the pellet stove (29) and adjustable burn rate stove (34) manufacturers will be required to test one model under the QA program during the period covered by this ICR (2013-2015), at $10,000 per test.
e 2 model lines audited per year. Over 3 years, 3 adjustable burn rate ($848 each) and 3 pellet ($1,281 each) stove models. Cost is average manufacturer cost of two appliances, plus $500 shipping.

(iii) Annualizing Capital Costs. The total annual capital/start-up costs average $1,452,177 over the period of this ICR (2013-2015).

(c) Estimating Agency Burden and Cost.

The major costs to the agency are those costs associated with reviewing applications for certification and laboratory accreditation and performing quality assurance functions. This is consistent with the overall EPA compliance and enforcement program, which 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 3 years of the ICR is estimated to be $62,619. See Table 2, located at the end of this supporting statement.

The agency labor rates are from the Office of Personnel Management (OPM) 2010 General Schedule which excludes locality rates of pay. These rates can be obtained from Salary Table 2010-GS available on the OPM website, http://www.opm.gov/oca/10tables/html/gs_h.asp. The government employee labor rates are $15.63/hour for clerical (GS-6, Step 3), $28.88 for technical (GS-12, Step 1) and $38.92/hr for management (GS-13, Step 5). These rates were increased by 60 percent to include fringe benefits and overhead. The fully-burdened wage rates used to represent agency labor costs are: clerical at $25.01, technical at $46.21 and management at $62.27.

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

There are an estimated 66 existing manufacturers that will be subject to the Residential Wood Heater NSPS. We recognize that this value may be high. We obtained information on the number of manufacturers by appliance type, which may double count manufacturers that make more than one type of appliance. Also, there seems to be a certain amount of consolidation in the industry. However, the number of new manufacturers, particularly outside of the United States is unknown. Therefore, we consider the total of 66 manufacturers to be a reasonable surrogate for the number of new and existing manufacturers.

We have also assumed that there will be six accredited laboratories in operation in 2013 that will seek re-accreditation for subpart AAA testing.

For the proposed Residential Wood Heater NSPS, the components of the total annual responses attributable to this ICR are test notifications, applications for certification, biennial reporting for certified models, applications for accreditation and test report submittals for the 72 facilities (66 manufacturers and 6 testing laboratories) that will be subject to the rule. The number of total annual responses for subpart AAA is estimated at 265.

(e) Bottom Line Burden Hours and Cost Tables.

(i) Respondent Tally. The bottom line respondent burden hours and costs for the 3 years (2013-2015) covered by this ICR are presented in Table 1 (located at the end of this supporting statement). The average annual burden for the recordkeeping and reporting requirements in subpart AAA for the estimated 72 existing facilities that will be subject to the Residential Wood Heater NSPS is 6,489 person-hours, with an annual labor average cost of $516,188 and annualized capital/start-up costs of $1,452,177. The burden is identical in years 2 and 3, with the resulting average annual burden equal to the burden presented in table 1.

(ii) The Agency Tally. The average annual federal government cost is $62,619 for 1,390 hours for subpart AAA. The bottom line agency burden hours and costs for the 3 years covered by this ICR are presented in Table 2 (located at the end of this supporting statement).

(iii) Variations in the Annual Bottom Line. This section does not apply since no significant variation is anticipated.

(f) Reasons for Change in Burden.

This ICR requests a decrease of 3,240 hours and an increase in annualized capital/start-up costs of $104,177. The predominant reason (95 percent) for the change in burden is the result of revisions to the NSPS. The amendments will have several major impacts. The first of these is the increase in the number of affected appliances through the proposed inclusion of single burn rate stoves and all wood burning pellet stoves. This change increases the number of certification applications and certification tests to be processed over the clearance period.

The second major impact results from proposed changes to the quality assurance requirements. The combination of the use of ISO certifying entities and test laboratories should streamline certification and accreditation process for the industry and laboratories and decrease the amount of time spent by EPA in reviewing QA-related documents. These changes, combined with increasing automation and experience in complying with this standard, results in a smaller burden estimate for some reporting and recordkeeping events.

The third major impact results from proposed changes to streamline reporting and recordkeeping requirements to those that are essential for implementation and enforcement of the rule and that reflect the agency’s experience under the current subpart. For example, we no longer use the number of units sold as the trigger for model line quality assurance audits, so it is no longer important for retailers to track the number of units sold. These changes reduce industry burden, while not affecting the agency’s ability to enforce the standard. We have also carefully reviewed the requirements included in this supporting statement to focus on activities that routinely occur. For example, revocation of certification and/or laboratory accreditation is extremely rare and is not reflected in this estimate of reporting and recordkeeping. Instead, we have focused on the routine activities that serve to demonstrate that sources are in compliance with the rule.

We have made minor changes to the industry estimate of labor rates to reflect a more detailed approach, consistent with other ICRs prepared by the EPA’s Office of Air Quality Planning and Standards. We used industry-specific labor rates, and accounted for fringe benefits and overhead.

(g) Burden Statement

The average annual respondent burden for the proposed Residential Wood Heating NSPS is estimated at 24 hours.

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 currently valid OMB control number. The OMB control numbers for EPA’s regulations in 40 CFR part 60 are listed in 40 CFR part 9.

To comment on the agency’s need for this information, the accuracy of the provided burden estimates and any suggestions for minimizing respondent burden, including through the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID No. EPA-HQ-OAR-2009-0734, which is available for online viewing at http://www.regulations.gov, or in person viewing at the Air and Radiation 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 Air Docket is (202) 566-1742. An electronic version of the public docket is available at http://www.regulations.gov. This site can be used to submit or view public comments, access the index listing of the contents of the public 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 above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17^th Street, NW, Washington, DC 20503, Attention Desk Officer for EPA. Please include the relevant Docket ID Number (EPA-HQ-OAR-2009-0734) and OMB Control Number (2060-0161) in any correspondence.

PART B

This section is not applicable because statistical methods are not used in data collection associated with the proposed rule.

Attachment 1

Respondent Reporting and Recordkeeping Requirements

NSPS for New Residential Wood Heaters (40 CFR part 60, subpart AAA) (Revision)

Regulatory Reference Title 40, Part 60	Regulated Entity	Reporting/Recordkeeping Requirement	Frequency/Other Comments
60.534(e)	Manufacturer	Report: notification of certification testing at least 30 days prior to test.	Once per model.
60.533(b), 60.533(f)(1)	Manufacturer	Report: Application for certification. Include results of performance test, identifying characterization results, quality control plan and various affirmations of compliance.	Once for each model line. Must reapply every 5 years or whenever any change made in the design submitted that exceeds specified parameters. Can request waiver from need to retest.
60.537(d)	Manufacturer	Report: To EPA certifying that model line is unchanged.	Every 2 years.
60.536(a)	Manufacturer	Produce and apply permanent label.	One per unit produced.
60.536(g)	Manufacturer	Produce and apply removable label.	One per unit produced.
60.536(h)	Manufacturer	Develop and publish owner’s manual.	One per unit produced.
60.533(o)(2)(i)	Manufacturer	Conduct an emissions test safety tests identify more than two errors in a 6-month period.	Variable, unpredictable. Expires 1 year after promulgation.
60.533(o)(2)(ii)	Manufacturer	Report: Notify EPA that a QA emissions test will be conducted within one week of the e-mailing of the notice.	Once for each QA emission test. Expires 1 year after promulgation.
60.533(o)(4)	Manufacturer	Implement a Quality Control Plan approved by the certifying entity. Expected to include periodic QA audits.	Periodically, as part of the regular safety audits that are now conducted. Begins 1 year after promulgation.
60.537(a)	Manufacturer	Maintain records of all certification data, results of quality assurance program inspections, emission test data.	Once per model for certification test data. Periodically for QA inspections.
60.537(c)	Manufacturer	Retain sealed wood heater for the life of model	One for each model certified through testing.
60.533(g)*	Manufacturer	Report: Request for waiver of testing requirement for certification testing	Once per model, if at all.
60.533(k)(l)*	Manufacturer	Report: Request for waiver of the requirement that a model line be recertified when changes exceed specified tolerances	Variable.
60.533(p)(3)	Manufacturer	Conduct random audit compliance testing on up to 5 heaters. Report results to Administrator.	Two times per year for the entire source category. Assume 2 stoves tested each time.
60.533(p)(5)**	Manufacturer	Development of documentation to rebut presumption of audit failure	Variable.
60.535(a)	Laboratory	Apply for accreditation	Once in the initial clearance period.
60.535(a)(2)(ii)	Laboratory	Report: Proficiency test and all test documentation	At time of application and biennially.
60.537(b)	Laboratory	Keep records of audit tests	Once for each five certification tests.
60.537(b)	Laboratory	Maintain records of all certification test, proficiency test and random compliance audit test data.	Once per tested model.

* This is associated with an exemption or waiver (which would eliminate other reporting and recordkeeping burdens) and, therefore, is not counted as a burden in the calculation.

** This is not a routine report. It is a provision for an extraordinary circumstance and, therefore, is not included in the calculations because it is very unlikely to occur during the next 3 years.

Attachment 2

Federal Reporting and Recordkeeping Requirements

NSPS for New Residential Wood Heaters (40 CFR part 60, subpart AAA) (Revision)

Regulatory Reference Title 40, Part 60	Agency	Reporting/Recordkeeping	Frequency/Other Comments
60.533(l)(2)*	EPA	Report: Notice of revocation of certification.	Once per model, if at all.
60.533(p)(5)(i) or (ii)*	EPA	Issue notification of audit test failure and certificate suspension or revocation.	Variable, but no more than one for every four certified models.
60.535(b)	EPA	Evaluate laboratory proficiency tests.	Biennially.
60.535(b)(2)*	EPA	Notice of intention to revoke laboratory accreditation with justification and basis.	Variable and infrequent.
60.539*	Manufacturer EPA	Various requests, submittals, motions, filings, etc., under hearing and appeal procedures.	Variable and infrequent.

* This is not a routine occurrence. It is a provision for an extraordinary circumstance and, therefore, is not included in the calculations because it is very unlikely to occur during the next 3 years.

1 May 2009 National Industry-Specific Occupational Employment and Wage Estimates. Located http://www.bls.gov/oes/current/naics4_333400.htm.

2 Bureau of Labor Statistics. Table 5. Compensation (not seasonally adjusted): Employment Cost Index for total compensation, for private industry workers, by occupational group and industry. Available: http://www.bls.gov/news.release/eci.t05.htm. Accessed February 22, 2011.

3 Memo to Gil Wood, USEPA, from Beth Friedman, EC/R, Inc. Draft Residential Heater Manufacturer Cost Impacts. February 11, 2011.

4 Memo to Gil Wood, USEPA, from Beth Friedman, EC/R, Inc. Unit Cost Estimates of Residential Wood Heating Appliances. February 11, 2010.

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