2253ss04

SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

NESHAP for Industrial, Commercial, and Institutional Boilers Area Sources (40 CFR Part 63, Subpart JJJJJJ) (Reinstatement)

1. Identification of the Information Collection

1(a) Title of the Information Collection

NESHAP for Industrial, Commercial, and Institutional Boilers Area Sources (40 CFR Part 63, Subpart JJJJJJ) (Renewal), EPA ICR Number 2253.04, OMB Control Number 2060-0668.

1(b) Short Characterization/Abstract

The National Emission Standards for Hazardous Air Pollutants (NESHAP) for Industrial, Commercial, and Institutional Boilers Area Sources (40 CFR Part 63, Subpart JJJJJJ) were proposed on June 4, 2010, and promulgated on March 21, 2011. At promulgation, EPA announced it was reconsidering certain portions of the emission standards. The EPA proposed a limited number of amendments and technical corrections to the final rule on December 23, 2011. On February 1, 2013, the EPA finalized the standard by amending compliance dates and technical corrections to clarify definitions, references, applicability, and compliance issues raised by petitioners and other stakeholders affected by the rule. On January 21, 2015, the EPA announced that it was reconsidering certain aspects of the February 1, 2013 final rule (80 FR 2871), and published a notice of final action on reconsideration on September 14, 2016 (81 FR 63112), which amended provisions including the alternative particulate matter standard for new oil-fired boilers, provisions that provide compliance flexibilities and limit performance testing for PM and fuel sampling for certain boilers based on their initial performance tests, revised definitions of startup and shutdown, and minor technical corrections and clarifications. None of the amendments affected the respondent burden associated with this information collection request (ICR).

These regulations apply to existing and new boilers at area sources that are designed to burn biomass, coal, or liquid fuels. An area source is a HAP-emitting stationary source that is not a major source (a major source emits or has the potential to emit 10 tons per year (tpy) or more of any single hazardous air pollutant (HAP) or 25 tpy or more of any combination of HAPs). New facilities include those that commenced construction, modification, or reconstruction after the date of proposal (i.e., June 4, 2010). This information is being collected to assure compliance with 40 CFR Part 63, Subpart JJJJJJ.

In general, all NESHAP standards require initial notifications, performance tests, and periodic reports by the owners/operators of the affected facilities. They are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. These notifications, reports, and records are essential in determining compliance, and are required of all affected facilities subject to the NESHAP.

Any owner/operator subject to the provisions of this part shall maintain a file of these measurements and retain the file for at least five years following the date of such maintenance reports and records. All reports are sent to the delegated state or local authority. If there is no such delegated authority, the reports are sent directly to the U.S. Environmental Protection Agency (EPA) regional office.

The “Affected Public” are owners and operators of new or existing industrial, commercial, or institutional boilers. Based on the distribution of facilities in the boiler inspector inventory for thirteen states, the EPA estimates that 49% of units are located in the private sector and 51 % of units are located in the public sector. The ‘burden’ to the “Affected Public” may be found below in Table 1: Annual Respondent Burden and Cost – NESHAP for Industrial, Commercial, and Institutional Boilers Area Sources (40 CFR Part 63, Subpart JJJJJJ) (Renewal). The ‘burden’ to the Federal Government is attributed entirely to work performed by either Federal employees or government contractors and may be found below in Table 2: Average Annual EPA Burden and Cost – NESHAP for Industrial, Commercial, and Institutional Boilers Area Sources (40 CFR Part 63, Subpart JJJJJJ) (Renewal).

Based on our consultations with industry representatives, there is an average of two affected sources at each plant site and each plant site has only one respondent (i.e., the owner/operator of the plant site).

Over the next three years, an average of 198,489 existing units at 99,244 facilities will be subject to these standards. We estimate an additional 2,260 new units at 1,130 facilities per year will become subject to these same standards. These estimates reflect an increase in the number of existing respondents from the previously-approved collection, and account for consistent industry growth.

The Office of Management and Budget (OMB) approved the previously active ICR without any Terms of Clearance.

2. Need for and Use of the Collection

2(a) Need/Authority for the Collection

The EPA is charged under Section 112 of the Clean Air Act, as amended, to establish standards of performance for each category or subcategory of major sources and area sources of hazardous air pollutants. These standards are applicable to new or existing sources of hazardous air pollutants and shall require the maximum degree of emission reduction. In addition, section 114(a) states that the Administrator may require any owner/operator subject to any requirement of this Act to:

(A) Establish and maintain such records; (B) make such reports; (C) install, use, and maintain such monitoring equipment, and use such audit procedures, or methods; (D) sample such emissions (in accordance with such procedures or methods, at such locations, at such intervals, during such periods, and in such manner as the Administrator shall prescribe); (E) keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical; (F) submit compliance certifications in accordance with Section 114(a)(3); and (G) provide such other information as the Administrator may reasonably require.

In the Administrator's judgment, HAP emissions from industrial, commercial, or institutional boilers either cause or contribute to air pollution that may reasonably be anticipated to endanger public health and/or welfare. Therefore, the NEHSAP were promulgated for this source category at 40 CFR Part 63, Subpart JJJJJJ.

2(b) Practical Utility/Users of the Data

The recordkeeping and reporting requirements in these standards ensure compliance with the applicable regulations which where promulgated in accordance with the Clean Air Act. The collected information is also used for targeting inspections and as evidence in legal proceedings.

The information will be used by EPA to: (1) identify new, modified, reconstructed and existing sources subject to the NESHAP; (2) ensure the NESHAP is being applied properly; (3) ensure compliance with the NESHAP; and (4) ensure, on a continuous basis, that the operating parameters established during the initial performance test are not exceeded.

Performance tests are required in order to determine an affected facility’s initial capability to comply with the emission standards. Continuous emission monitors are used to ensure compliance with these standards at all times. During the performance test a record of the operating parameters under which compliance was achieved may be recorded and used to determine compliance in place of a continuous emission monitor.

The notifications required in these standards are used to inform the Agency or delegated authority when a source becomes subject to the requirements of the regulations. The reviewing authority may then inspect the source to check if the pollution control devices are properly installed and operated, that leaks are being detected and repaired, and that these standards are being met. The performance test may also be observed.

The required annual and biennial reports are used to determine periods of excess emissions, identify problems at the facility, verify operation/maintenance procedures and for compliance determinations.

In addition, records and reports are necessary to enable EPA to identify facilities that may not be in compliance. Based on reported information, EPA will decide which facilities should be inspected and what records or units should be inspected at the facilities. The records that facilities maintain will indicate to EPA whether facility personnel are properly operating and maintaining boilers and associated control equipment.

3. Non-duplication, Consultations, and Other Collection Criteria

The requested recordkeeping and reporting are required under 40 CFR Part 63, Subpart JJJJJJ.

3(a) Non-duplication

If the subject standards have not been delegated, the information is sent directly to the appropriate EPA regional office. Otherwise, the information is sent directly to the delegated state or local agency. If a state or local agency has adopted its own similar standards to implement the Federal standards, a copy of the report submitted to the state or local agency can be sent to the Administrator in lieu of the report required by the Federal standards. Therefore, duplication does not exist.

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

An announcement of a public comment period for the renewal of this ICR was published in the Federal Register (83 FR 49381) on October 1, 2018. One comment was received on the published Federal Register notice; however, this comment was unrelated to the burden or requirements of 40 CFR 63, Subpart JJJJJJ and is beyond the scope of this action.

3(c) Consultations

The Agency has consulted industry experts and internal data sources to project the number of affected facilities and industry growth over the next three years. The primary source of information as reported by industry, in compliance with the recordkeeping and reporting provisions in these standards, is the Integrated Compliance Information System (ICIS). ICIS is EPA’s database for the collection, maintenance, and retrieval of compliance data for industrial and government-owned facilities. The growth rate for the industry is based on our consultations with the Agency’s internal industry experts. Approximately 198,489 existing units at 99,244 facilities respondents will be subject to these standards. The Agency assumes a continued growth rate of an additional 2,260 new units at 1,130 facilities per year becoming subject to these same standards.

Industry trade associations and other interested parties were provided an opportunity to comment on the burden associated with these standards as they were being developed and that these same standards have been reviewed previously to determine the minimum information needed for compliance purposes. In developing this ICR, we contacted both the Council of Industrial Boiler Owners, at (540) 349-9043, and the American Forest & Paper Association, at (202) 463-2588.

It is our policy to respond after a thorough review of comments received since the last ICR renewal, as well as to those submitted in response to the first Federal Register notice. The comments received and our responses may be found in Section 3(b) above and the docket for this ICR at http://www.fdms.gov.

3(d) Effects of Less-Frequent Collection

Less-frequent information collection would decrease the margin of assurance that facilities are continuing to meet these standards. Requirements for information gathering and recordkeeping are useful techniques to ensure that good operation and maintenance practices are applied and emission limitations are met. If the information required by these standards was collected less frequently, the proper operation and maintenance of control equipment and the possibility of detecting violations would be less likely.

3(e) General Guidelines

These reporting or recordkeeping requirements do not violate any of the regulations promulgated by OMB under 5 CFR Part 1320, Section 1320.5.

These standards require the respondents to maintain all records, including reports and notifications for at least five years. This is consistent with the General Provisions as applied to these standards. EPA believes that the five year records retention requirement is consistent the Part 70 permit program and the five-year statute of limitations on which the permit program is based. The retention of records for five years allows EPA to establish the compliance history of a source, any pattern of non-compliance, and to determine the appropriate level of enforcement action. The EPA has found that the most flagrant violators have violations extending beyond five years. In addition, the EPA would be prevented from pursuing the violators due to the destruction or nonexistence of essential records.

3(f) Confidentiality

Any 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 (CBI) (see 40 CFR 2; 41 FR 36902, September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43 FR 42251, September 20, 1978; 44 FR 17674, March 23, 1979).

3(g) Sensitive Questions

The reporting or recordkeeping requirements in these standards do not include sensitive questions.

4. The Respondents and the Information Requested

4(a) Respondents/SIC Codes

The respondents to the recordkeeping and reporting requirements are owners and operators of new or existing industrial, commercial, or institutional boilers. The NESHAP affects any industry, federal, state, local, or tribal government, or any institution (e.g., university) using a boiler as defined in the regulation. This includes, but is not limited to, the following United States Standard Industrial Classification (SIC) codes and corresponding North American Industry Classification System (NAICS) codes in the following table:

40 CFR Part 63, Subpart JJJJJJ	SIC Codes	NAICS Codes
Wood product manufacturing	24	321
Food manufacturing	20	311
Nonmetallic mineral product manufacturing	32	327
Wholesale trade, nondurable goods	51	424
Real estate	65	531
Educational services	82	611
Religious, grant making, civic, professional, and similar organizations	86	813
Public administration	91-98	92
Food services and drinking places	58	722
Health care and social assistance	80, 83	62

4(b) Information Requested

(i) Data Items

In this ICR, all the data that is recorded or reported is required by the NESHAP for Industrial, Commercial, and Institutional Boilers Area Sources (40 CFR Part 63, Subpart JJJJJJ).

A source must make the following reports:

Reports/Notifications
Initial Notification that Source is Subject	§ 63.11225(a)
Notification of Compliance Status	§ 63.11225(a)
Initial Report on Results of Energy Audit	§ 63.11225(a)
Annual Compliance Report	§ 63.11225(b)
Biennial Compliance Report or 5-Year Compliance Report	§ 63.11225(b)
Performance Test Results	§ 63.11225(e)
Notification of Intent to Commence or Recommence Combustion of Solid Waste	§ 63.11225(f)
Notification of Switched Fuels or Physical Changes to Boiler	§ 63.11225(g)

A source must keep the following records:

Recordkeeping
Records of Operating Parameter Values	§ 63.11225(c)(7)
Records of Deviations	§§ 63.11225(c)(4) and (5)
Records of Stack Tests	§ 63.11225(c)(1)
Records of Monitoring Device Calibrations	§ 63.11225(c)(6)
Records of All Compliance Reports Submitted	§ 63.11225(c)(1)
Records of Monthly Fuel Use	§ 63.11225(c)(2)
Records of Biennial Tune-up	§ 63.11225(c)(2)
Retain Records for Five Years	§ 63.11225(d)

Electronic Reporting

Some of the respondents are using monitoring equipment that automatically records parameter data. Although personnel at the affected facility must still evaluate the data, internal automation has significantly reduced the burden associated with monitoring and recordkeeping at a plant site.

Also, regulatory agencies in cooperation with the respondents continue to create reporting systems to transmit data electronically. The rule requires submission of results of performance tests and CEMS performance evaluations to be reported in an electronic format using the Electronic Reporting Tool (ERT) where such methods are supported by the ERT. The data will be extracted from the ERT files and can be viewed through EPA’s Central Data Exchange. At this time, it is estimated that approximately 10 percent of the respondents use electronic reporting.

(ii) Respondent Activities

Respondent Activities

Familiarization with the regulatory requirements.

Install, calibrate, maintain, and operate continuous monitoring system (CMS) for opacity for electrostatic precipitator systems (ESPs) and bag leak detection (BLD) systems.

Perform initial performance test, Reference EPA Methods 1, 2, 2F, 2G, 3A, 3B, 4, 5D, 10, 10A, 10B, 17, 19, 29, 30A, 30B, or 101A, and repeat performance tests if necessary.

Write the notifications and reports listed above.

Enter information required to be recorded above.

Submit the required reports developing, acquiring, installing, and utilizing technology and systems for collecting, validating, and verifying information.

Develop, acquire, install, and utilize technology and systems for processing and maintaining information.

Develop, acquire, install, and utilize technology and systems for disclosing and providing information.

Train personnel to be able to respond to a collection of information.

Transmit, or otherwise disclose the information.

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

5(a) Agency Activities

EPA conducts the following activities in connection with the acquisition, analysis, storage, and distribution of the required information:

Agency Activities

Review notifications and reports, including performance test reports, and excess emissions reports, required to be submitted by industry.

Audit facility records.

Input, analyze, and maintain data in the Enforcement and Compliance History Online (ECHO) and ICIS.

5(b) Collection Methodology and Management

Following notification of startup, the reviewing authority could inspect the source to determine whether the pollution control devices are properly installed and operated. Performance test reports are used by the Agency to discern a source’s initial capability to comply with the emission standard, and to note the operating conditions under which compliance was achieved. Data and records maintained by the respondents are tabulated and published for use in compliance and enforcement programs. The annual and biennial reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations.

Information contained in the reports is reported by state and local governments in the ICIS Air database, which is operated and maintained by EPA's Office of Compliance. ICIS is EPA’s database for the collection, maintenance, and retrieval of compliance data for industrial and government-owned facilities. EPA uses ICIS for tracking air pollution compliance and enforcement by local and state regulatory agencies, EPA regional offices and EPA headquarters. EPA and its delegated Authorities can edit, store, retrieve and analyze the data.

The records required by this regulation must be retained by the owner/operator for five years.

5(c) Small Entity Flexibility

The EPA expects the NESHAP to adversely affect small entities. In developing the regulation, small entity is defined as: (1) A small business according to Small Business Administration size standards by the NAICS category of the owning entity. The small business size standard for manufacturing sectors in the expected industries potentially affected by this rule is less than 500 employees. For trade sectors, the size standard is less than 100 employees or a small organization that is any not-for-profit enterprise that is independently owned and operated and is not dominant in its field. For non-profit and service industries the small business size range for potentially affected sources is based on total sales of the entity, which range from sales less than $10 to $50 million dollars, or a small governmental jurisdiction that is a government of a city, county, town, school district, or special district with a population of less than 50,000.

The EPA has determined that there are approximately 196,229 existing affected sources at 98,115 facilities. Of these affected units, the EPA has reduced testing, monitoring, record-keeping and reporting requirements for 181,867 units with design heat capacities less than 10 MMBtu/hr because the Agency found it is impracticable to enforce the emission standards for these small units due to technical or economic limitations. Instead of requiring small sources to conduct and submit stack test reports, the final rule requires small units to comply with the rule by conducting a biennial tune-up and preparing a summary report of the procedures followed during the tune-up. Based on the definition for sectors potentially affected by this rule, EPA computed the overall share of small entities to the overall number of affected entities. The overall share of small entities from manufacturing, trading, service, not-for-profit, and state, local, and tribal governments is estimated to be 97 percent, or 190,342 existing units subject to recordkeeping and reporting requirements. By reducing the requirements for small sources, the EPA has substantially reduced the burden on small entities. Further, EPA is not requiring Maximum Achievable Control Technology (MACT) floor control for mercury from biomass and liquid units. This reduces the compliance, testing, monitoring, recordkeeping and reporting requirements on nearly all units. Mercury control testing and monitoring will be required at 573 large coal-fired boilers out of the 196,229 total boilers, but will be achieving 95 percent reduction of the estimated mercury emissions from the entire source category. By not requiring MACT control for mercury from biomass and liquid-fired units, we are providing flexibility to over 99 percent of affected units, including the small entities.

The NESHAP for Industrial, Commercial, and Institutional Boilers Area Sources does not contain any provisions reserved exclusively for the benefit of small entities. However, the regulation does contain several provisions that reduce the impact on all regulated entities, which include small entities. The alternative work practice standards provide for enhanced compliance flexibility and reduced recordkeeping and reporting requirements for affected sources with small boilers.

5(d) Collection Schedule

The specific frequency for each information collection activity within this request is shown below in Table 1: Annual Respondent Burden and Cost – NESHAP for Industrial, Commercial, and Institutional Boilers Area Sources (40 CFR Part 63, Subpart JJJJJJ) (Renewal).

6. Estimating the Burden and Cost of the Collection

Table 1 documents the computation of individual burdens for the recordkeeping and reporting requirements applicable to the industry 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.

The Agency may neither conduct nor sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB Control Number.

6(a) Estimating Respondent Burden

The average annual burden to industry over the next three years from these recordkeeping and reporting requirements is estimated to be 1,830,000 hours (Total Labor Hours) from Table 1: Annual Respondent Burden and Cost – NESHAP for Industrial, Commercial, and Institutional Boilers Area Sources (40 CFR Part 63, Subpart JJJJJJ) (Renewal). These hours are based on Agency studies and background documents from the development of the regulation, Agency knowledge and experience with the NESHAP program, the previously-approved ICR, and any comments received.

6(b) Estimating Respondent Costs

(i) Estimating Labor Costs

This ICR uses the following labor rates:

Managerial    $147.40 ($70.19+ 110%) 

Technical     $117.92 ($56.15 + 110%)

Clerical          $57.02 ($27.15 + 110%)

These rates are from the United States Department of Labor, Bureau of Labor Statistics, June 2018, “Table 2. Civilian Workers, by occupational and industry group.” The rates are from column 1, “Total compensation.” The rates have been increased by 110 percent to account for the benefit packages available to those employed by private industry.

(ii) Estimating Capital/Startup and Operation and Maintenance Costs

The type of industry costs associated with the information collection activities in the subject standard(s) are both labor costs which are addressed elsewhere in this ICR and the costs associated with continuous monitoring. The capital/startup costs are 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 and other costs such as photocopying and postage.

(iii) Capital/Startup vs. Operation and Maintenance (O&M) Costs

Capital/Startup vs. Operation and Maintenance (O&M) Costs
(A)	(B)	(C)	(D)	(E)	(F)	(G)
Continuous Monitoring Device	Capital/Startup Cost for One Respondent	Number of New Respondents	Total Capital/Startup Cost, (B X C)	Annual O&M Costs for One Respondent	Number of Respondents with O&M	Total O&M, (E X F)
Large Solid Boilers
Initial Stack Test and Report (Hg)	$5,000	0	$0	$0	0	$0
Triennial Stack Test and Report (Hg)	$0	0	$0	$1,650	96	$157,575.00
Initial Stack Test and Report (CO)	$6,000	0	$0	$0	0	$0
Triennial Stack Test and Report (CO)	$0	0	$0	$1,980	96	$189,090.00
Initial Stack Test and Report (PM)	$8,000	2	$14,640	$0	2	$0
Triennial Stack Test and Report (PM)	$0	0	$0	$2,640	7	$19,342.40
Electrostatic Precipitator System	$43,100	2	$78,873	$14,700	15	$215,502.00
Bag Leak Detection System	$25,500	0	$0	$9,700	286.5	$2,779,050
Biennial Tune-Up	$0	0	$0	$1,437.5	1,813	$2,606,187.50
Subtotal			$93,513			$5,966,747
Large Liquid Boilers
Initial Stack Test and Report (PM)	$8,000	81	$649,360	$0	81	$0
Triennial Stack Test and Report (PM)	$0	0	$0	$2,640	325	$857,137.60
Electrostatic Precipitator System	$43,100	81	$3,498,427	$14,700	649	$9,545,298.00
Bag Leak Detection System	$25,500	7.50	$191,250	$9,700	15	$145,500
Biennial Tune-Up	$0	0	$0	$1,438	5,264	$7,566,755.63
Subtotal			$4,339,037			$18,114,691
Small Solid Boilers
Biennial Tune-Up	$0	0	$0	$1,114	5,708	$6,358,522.62
Subtotal			$0			$6,358,523
Small Liquid Boilers
Biennial Tune-Up	$0	0	$0	$1,114	87,303	$97,255,542
Subtotal			$0			$97,255,542
Total (rounded)			$4,430,00			$128,000,000

The total capital/startup costs for this ICR are $4,430,000. This is the total of column D in the above table.

The total operation and maintenance (O&M) costs for this ICR are $128,000,000. This is the total of column G.

The average annual cost for capital/startup and operation and maintenance costs to industry over the next three years of the ICR is estimated to be $132,000,000.

6(c) Estimating Agency Burden and Cost

The only costs to the Agency are those costs associated with analysis of the reported information. EPA's overall compliance and enforcement program includes such activities 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 three years of the ICR is estimated to be $7,150,000.

This cost is based on the average hourly labor rate as follows:

Managerial $65.71 (GS-13, Step 5, $41.07 + 60%)

Technical $48.75 (GS-12, Step 1, $30.47 + 60%)

Clerical $26.38 (GS-6, Step 3, $16.49 + 60%)

These rates are from the Office of Personnel Management (OPM), 2018 General Schedule, which excludes locality rates of pay. The rates have been increased by 60 percent to account for the benefit packages available to Federal government employees. Details upon which this estimate is based appear below in Table 2: Average Annual EPA Burden and Cost – NESHAP for Industrial, Commercial, and Institutional Boilers Area Sources (40 CFR Part 63, Subpart JJJJJJ) (Renewal).

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

Based on our research for this ICR, on average over the next three years, approximately 99,244 existing respondents will be subject to these standards. It is estimated also that an additional 1,130 respondents per year will become subject. The overall average number of respondents, as shown in the table below, is 100,374 per year.

The number of respondents is calculated using the following table that addresses the three years covered by this ICR:

Number of Respondents
	Respondents That Submit Reports		Respondents That Do Not Submit Any Reports
Year	(A) Number of New Respondents 1	(B) Number of Existing Respondents	(C) Number of Existing Respondents that keep records but do not submit reports	(D) Number of Existing Respondents That Are Also New Respondents	(E) Number of Respondents (E=A+B+C-D)
Large Solid Boilers
1	10	2,079.5	0	0	2,089.5
2	10	2,089.5	0	0	2,099.5
3	10	2,099.5	0	0	2,109.5
Average	10	2,090	0	0	2,100
Large Liquid Boilers
1	81.17	5,101.50	0	0	5,182.67
2	81.17	5,182.67	0	0	5,263.84
3	81.17	5,263.84	0	0	5,345.01
Average	81	5,183	0	0	5,264
Small Solid Boilers
1	49.17	5,610	0	0	5,658.67
2	49.17	5,658.67	0	0	5,707.84
3	49.17	5,707.84	0	0	5,757.01
Average	49	5,659	0	0	5,708
Small Liquid Boilers
1	989.5	85,324.0	0	0	86,314
2	989.5	86,314	0	0	87,303.0
3	989.5	87,303.0	0	0	88,293
Average	990	86,314	0	0	87,303
Total	1,130	99,244	0	0	100,374

¹ New respondents include sources with constructed, reconstructed and modified affected facilities.

Column D is subtracted to avoid double-counting respondents. As shown above, the average Number of Respondents over the three-year period of this ICR is 100,374.

The total number of annual responses per year is calculated using the following table:

Total Annual Responses
(A) Information Collection Activity	(B) Number of Respondents	(C) Number of Responses	(D) Number of Existing Respondents That Keep Records But Do Not Submit Reports	(E) Total Annual Responses E=(BxC)+D
Large Solid Boilers
Initial Notification	10	1	0	10
Notification of Compliance Status	10	1	0	10
Annual Compliance Report	2,099.5	1	0	2,099.5
Biennial Compliance Report	1,813	0.5	0	906.5
Subtotal				3,026
Large Liquid Boilers
Initial Notification	81.17	1	0	81.17
Notification of Compliance Status	81.17	1	0	81.17
Annual Compliance Report	324.7	1	0	324.7
Biennial Compliance Report	5,263.83	0.5	0	2,631.92
Subtotal				3,118.93
Small Solid Boilers
Initial Notification	49.17	1	0	49.17
Notification of Compliance Status	49.17	1	0	49.17
Biennial Compliance Report	5,707.83	0.5	0	2,853.92
Subtotal				2,952.26
Small Liquid Boilers
Initial Notification	989.50	1	0	989.50
Notification of Compliance Status	989.50	1	0	989.50
Biennial Compliance Report	87,303.0	0.5	0	43,651.50
Subtotal				45,630.50
			Total (rounded)	54,700

The number of Total Annual Responses is 54,700 (rounded).

The total annual labor costs are $208,000,000. Details regarding these estimates may be found below in Table 1: Annual Respondent Burden and Cost – NESHAP for Industrial, Commercial, and Institutional Boilers Area Sources (40 CFR Part 63, Subpart JJJJJJ) (Renewal).

6(e) Bottom Line Burden Hours and Cost Tables

The detailed bottom line burden hours and cost calculations for the respondents and the Agency are shown below in Tables 1 and 2, respectively, and summarized below.

(i) Respondent Tally

The total annual labor hours are 1,830,000 hours (rounded). Details regarding these estimates may be found below in Table 1: Annual Respondent Burden and Cost – NESHAP for Industrial, Commercial, and Institutional Boilers Area Sources (40 CFR Part 63, Subpart JJJJJJ) (Renewal).

Furthermore, the annual public reporting and recordkeeping burden for this collection of information is estimated to average 33 hours per response.

The total annual capital/startup and O&M costs to the regulated entity are $129,000,000. The cost calculations are detailed in Section 6(b)(iii), Capital/Startup vs. Operation and Maintenance (O&M) Costs.

(ii) The Agency Tally

The average annual Agency burden and cost over next three years is estimated to be 150,000 labor hours at a cost of $7,150,000; see below in Table 2: Average Annual EPA Burden and Cost –NESHAP for Industrial, Commercial, and Institutional Boilers Area Sources (40 CFR Part 63, Subpart JJJJJJ) (Renewal).

6(f) Reasons for Change in Burden

There is an increase in the total estimated burden as currently identified in the OMB Inventory of Approved Burdens. This increase is not due to any program changes. The change in burden and cost estimates occurred because the number of respondents has increased, resulting in an increase in the number of responses and the total respondent labor hours. This ICR reflects the on-going burden and costs for existing facilities and the costs to new facilities, and includes new estimates of burden for existing sources to refamiliarize themselves with the rule provisions each year, which is estimated at one hour per source per year. The overall result is an increase in burden hours and costs.

There is also an increase in total annual capital/startup and O&M costs as compared to the previous ICR. This increase is attributed to the fact that new facilities complying with the rules have initial compliance costs. All existing facilities will have on-going O&M costs.

6(g) Burden Statement

The annual public reporting and recordkeeping burden for this collection of information is estimated to average 33 hours per response. “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 neither conduct nor sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB Control Number. The OMB Control Numbers for EPA regulations are listed at 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-OECA-2013-0298. 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), WJC 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) 566-1752. 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-OECA-2013-0298 and OMB Control Number 2060-0668 in any correspondence.

Part B of the Supporting Statement

This part is not applicable because no statistical methods were used in collecting this information.

Table 1: Annual Respondent Burden and Cost – NESHAP for Industrial, Commercial, and Institutional Boilers Area Sources (40 CFR Part 63, Subpart JJJJJJ) (Renewal)
		TOTAL LABOR BURDEN AND COSTS
Fuel Category	Average No. Respondents	Average No. Responses	Reporting Burden (hrs)	Recordkeeping Burden (hrs)	Total Labor Burden (hrs)	Total Labor Cost ($)	Total Capital and O&M Cost ($)	Total Costs ($)
Large Solid	2,100	3,026	98,006	25,480	123,485	$14,065,745	$6,060,260	$20,126,005
Large Liquid	5,264	3,119	88,275	298,130	386,405	$44,013,866	$22,453,728	$66,467,594
Small Solid	5,708	2,952	65,129	14,769	79,898	$9,100,847	$6,358,523	$15,459,370
Small Liquid	87,303	45,631	1,009,544	225,897	1,235,440	$140,724,151	$97,255,542	$237,979,693
Total	100,374	54,728	1,260,953	564,276	1,825,228	$207,904,609	$132,128,053	$340,032,662
Grand Total (rounded)1					1,830,000	$208,000,000	$132,000,000	$340,000,000
					Rounded by Sector1
Total Private Sector (49% of Respondents)	49,183	26,817	617,867	276,495	894,000	101,900,000	64,700,000	166,600,000
Total Public Sector (51% of Respondents)	51,191	27,911	643,086	287,781	931,000	106,000,000	67,400,000	173,400,000
1 Totals have been rounded to 3 significant figures. Figures may not add exactly due to rounding.

Table 2: Average Annual EPA Burden and Cost – NESHAP for Industrial, Commercial, and Institutional Boilers Area Sources (40 CFR Part 63, Subpart JJJJJJ) (Renewal)
Burden Item	A	B	C		D		E		F		G
	Technical Person-Hours per Occurrence	Occurrences per Year	Technical Person-Hours per Respondent per Year (C=AxB)		Technical Hours per Year (D=C)		Management Hours per Year (E=Dx0.05)		Clerical Hours per Year (F=Dx0.10)		Total Cost per Year ($) a
1. Read and Understand Rule Requirementsb	40	0	0		0		0		0		$0
2. Enter and Update Information into Agency Recordkeeping Systemc	2	1,129.84	2,259.68		2,259.68		112.98		225.97		$123,544.40
3. Required Activities
a) Observe Initial Stack/Performance Testd	40	17	664		664		33		66		$36,303.20
b) Observe Repeat Performance Teste	40	1.7	66		66		3.3		6.6		$3,630.32
c) Review Operating Parametersf	2	83	166		166		8.3		16.6		$9,075.80
d) Review Continuous Parameter Monitoringg	2	5,560	11,119		11,119		556.0		1,111.9		$607,914.65
4. Excess Emissions Enforcement Activities and Inspectionsh	24	8.3	199.2		199.2		9.96		19.92		$10,890.96
5. Notification Requirements
a) Review Initial Notification that Sources are Subject to the Standardc	2	1,129.84	2,259.68		2,259.68		112.98		225.97		$123,544.40
b) Review Notification of Initial Performance Tests and Review Test Planf	20	83	1,660		1,660		83		166		$90,758.01
c) Review Notification of Compliance Statusc	2	1,129.84	2,259.68		2,259.68		112.98		225.97		$123,544.40
6. Reporting Requirements									0
a) Review Annual Compliance Report	4	2,424.17	9,696.69		9,696.69		484.83		969.67		$530,151.71
b) Review Biennial Compliance Report	2	50,043.83	100,087.66		100,087.66		5,004.38		10,008.77		$5,472,142.59
c) Review Initial Report on Energy Audit Resultsi	2	0	0		0		0		0		$0
7. Travel Expenses for Performance Tests Observedj											$20,159.0
TOTAL ANNUAL BURDEN AND COST (ROUNDED)k					150,000						$7,150,000
a This ICR uses the following labor rates: $48.75 for technical, $65.71 for managerial, and $26.38 for clerical labor. These rates are from the Office of Personnel Management (OPM) 2018 General Schedule, which excludes locality rates of pay. The rates have been increased by 60 percent to account for the benefit packages available to government employees.
b No burden will be incurred over the three-year ICR period, as this was a one-time requirement during the previous ICR period.
c All new sources must submit initial notifications and notifications of compliance status, regardless of subcategory.
d It is assumed that EPA will observe 20% of initial performance tests.
e It is assumed that 10% of initial performance tests will be repeated, which will be observed by EPA.
f The number of occurrences is based on the number of new facilities that will test and set/submit operating limits. All new sources must submit operating limits, regardless of subcategory.
g The number of occurrences is based on the number of facilities maintaining records of control device parameters.
h It is assumed that 10% of new facilities will have exceedances, requiring EPA enforcement.
i All existing sources at the time of promulgation of the standard were required to complete the energy audit by the conclusion of the previous ICR period; therefore, no new or existing sources will incur this burden over the next three years.
j The total cost is based on the number of performance tests observed by EPA multiplied by the cost of each trip. Based on EPA experience with other rulemakings, each trip is estimated to be 3 days x ($110 hotel + $58 meals/incidentals) + ($600 round trip) = $1,104 per trip.
k Totals have been rounded to 3 significant figures. Figures may not add exactly due to rounding.