NESHAP for Hydrochloric Acid Production (40 CFR Part 63, Subpart NNNNN) (Proposed Rule)

Forms and Documents

Document Name	Status
2032ss09.docx Supporting Statement A	2019-02-06

IC Document Collections

IC ID	Document Title	Status
44047	NESHAP for Hydrochloric Acid Production (40 CFR Part 63, Subpart NNNNN) (Renewal)	Modified

ICR Details

OMB Control No: 2060-0529	ICR Reference No: 201902-2060-001
Status: Historical Inactive	Previous ICR Reference No: 201512-2060-011
Agency/Subagency: EPA/OAR	Agency Tracking No: 2032.09
Title: NESHAP for Hydrochloric Acid Production (40 CFR Part 63, Subpart NNNNN) (Proposed Rule)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 03/08/2019
	Date Received in OIRA: 02/06/2019
Terms of Clearance: OMB files this comment in accordance with 5 CFR 1320.11(c) of the Paperwork Reduction Act and is withholding approval of this collection at this time. This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. The agency shall examine public comment in response to the Notice of Proposed Rulemaking and will include in the supporting statement of the next ICR, to be submitted to OMB at the final rule stage, a description of how the agency has responded to any public comments on the ICR. This action has no effect on any current approvals.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2019	36 Months From Approved	03/31/2020
Responses	198	0	198
Time Burden (Hours)	113,000	0	113,000
Cost Burden (Dollars)	754,000	0	754,000

---

Abstract: The National Emission Standards for Hazardous Air Pollutants (NESHAP) for Hydrochloric Acid Production were proposed on September 18, 2001, promulgated on April 17, 2003, and most recently amended on April 7, 2006. The NESHAP is codified at 40 CFR Part 63, Subpart NNNNN. Amendments to the NESHAP are being proposed as a result of the residual risk and technology review (RTR) required under the Clean Air Act (CAA). The NESHAP apply to hydrochloric acid production facilities that emit greater than or equal to 10 tons per year (tpy) of any one hazardous air pollutant (HAP) or greater than or equal to 25 tpy of any combination of HAP. Affected sources include new and existing hydrochloric acid production facilities. The pollutants regulated are hydrochloric acid (HCl) and chlorine (Cl2). New facilities include those that commenced construction or reconstruction after the date of the original proposal (September 18, 2001). This information is being collected to assure compliance with 40 CFR Part 63, Subpart NNNNN.

---

Authorizing Statute(s): US Code: 42 USC 3501 et seq Name of Law: Clean Air Act
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2060-AT74	Proposed rulemaking	84 FR 1570	02/04/2019

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
NESHAP for Hydrochloric Acid Production (40 CFR Part 63, Subpart NNNNN) (Renewal)

---

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: This ICR is prepared for proposed amendments to the NESHAP for Hydrochloric Acid Production (40 CFR, Part 63, Subpart NNNNN). These amendments: (1) adjust references to the Part 63 General Provisions (40 CFR, Part 63, Subpart A) and revise provisions in the NESHAP (40 CFR Part 63, Subpart NNNNN) to remove the SSM exemption and SSM plan and periodic report requirements; (2) require electronic submittal of performance test results; and (3) make technical and editorial changes. Where applicable, adjustments for these amendments are reflected in Tables 1 and 2 of this ICR. The number of facilities subject to the standards changed based on consultation with industry representatives, review of EPA’s ECHO database, and review of title V permits. Consolidation within the industry reduced the number of affected facilities to nineteen that are currently subject to the standards. Costs per labor hour increased due to increases in labor rates. In addition, the burden estimate for reading and understanding the rule requirements was adjusted to reflect the time it would take industry to review the amended rule, including becoming familiar with the new requirement to electronically submit performance test results. Burden estimates were reduced for submitting periodic SSM reports after consultation with industry representatives. The previous estimate of SSM frequency was roughly an order of magnitude higher than the actual frequency, according to industry. The burden estimate for performance test report submittal was not adjusted to account for the new requirement that results of performance tests would be reported electronically through CEDRI using the ERT. The burden estimate of four hours in the current ICR for paper format submittal of performance test results is an appropriate estimate for electronic submittal of performance test results.

---

Annual Cost to Federal Government: $21,700

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

---

Common Form ICR:  No

---

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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 02/06/2019

---