1056ss13-revised

SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

NSPS for Nitric Acid Plants (40 CFR Part 60, Subparts G and Ga) (Renewal)

1. Identification of the Information Collection

1(a) Title of the Information Collection

NSPS for Nitric Acid Plants (40 CFR Part 60, Subparts G and Ga) (Renewal), EPA ICR Number 1056.13, OMB Control Number 2060-0019.

1(b) Short Characterization/Abstract

The New Source Performance Standards (NSPS) for Nitric Acid Plants (40 CFR Part 60, Subpart G) were proposed on August 17, 1971, promulgated on June 14, 1974, and amended on August 14, 2012. The NSPS for Nitric Acid Plants (40 CFR Part 60, Subpart Ga) were proposed on October 14, 2011, promulgated on August 14, 2012, and were amended on May 6, 2014 in order to correct a minor error. Subpart G applies to nitric acid production units, producing weak (30 to 70 percent) nitric acid, which commenced construction, modification or reconstruction either on or after August 17, 1971 and prior to October 14, 2011. Subpart G limits the emissions of nitrogen oxides, expressed as nitrogen dioxide (NO₂), to 1.5 kilograms per metric ton of acid produced (3.0 lb. per ton), and limits opacity to 10 percent. Subpart Ga applies to nitric acid production units, producing weak (30 to 70 percent) nitric acid, for which construction, reconstruction, or modification commenced after October 14, 2011, and limits nitrogen oxides (expressed as NO₂) to 0.50 lb per ton of 100 percent nitric acid produced. This information is being collected to assure compliance with 40 CFR Part 60, Subparts G and Ga.

In general, all NSPS 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 NSPS.

Any owner/operator subject to the provisions of this part shall maintain a file containing these documents and shall retain the file for at least two years following the generation 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’s (EPA) regional offices.

The “Affected Public” includes owners and operators of nitric acid production units producing weak (30 to 70 percent) nitric acid. The ‘burden’ to the Affected Public may be found below in Table 1: Annual Respondent Burden and Cost – NSPS for Nitric Acid Plants (40 CFR Part 60, Subparts G and Ga) (Renewal). The Federal Government’s ‘burden’ 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 – NSPS for Nitric Acid Plants (40 CFR Part 60, Subparts G and Ga) (Renewal). There are approximately 32 nitric acid facilities, which are owned and operated by the nitric acid industry. None of the 32 facilities in the United States are owned by either state, local, tribal or the Federal government. They are all owned and operated by privately-owned, for-profit businesses. We assume that they will all respond to EPA inquiries.

Based on our consultations with industry representatives, there is an average of one affected facility 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, approximately 24 respondents per year will be subject to Subpart G, and no additional respondents per year will become subject to these standards. Additionally, approximately 8 respondents per year will be subject to Subpart Ga and an average of 1.2 new sources (1 newly constructed and 0.2 modified sources) per year will become subject to these same standards over the next three years. The overall average number of respondents is 32 per year.

2. Need for and Use of the Collection

2(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 technological system of continuous emissions reduction which (taking into consideration the cost of achieving such emissions reduction, or 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 demonstrated technology (BDT). Section 111 also requires that the Administrator review and, if appropriate, revise such standards every eight years.

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, NOx emissions from nitric acid plants either cause or contribute to air pollution that may reasonably be anticipated to endanger public health and/or welfare. Therefore, the NSPS were promulgated for this source category at 40 CFR Part 60, Subparts G and Ga.

2(b) Practical Utility/Users of the Data

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

Performance tests are required in order to determine an affected facility’s initial capability to comply with these emission standards. Continuous emission monitors are used to ensure compliance with these same 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 these regulations. The reviewing authority may then inspect the source to check if the pollution control devices are properly installed and operated, leaks are being detected and repaired and that these standards are being met. The performance test may also be observed.

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

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

The requested recordkeeping and reporting are required under 40 CFR Part 60, Subparts G and Ga.

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 24785) on May 30, 2018. No comments were received on the burden published in the Federal Register for this renewal.

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 32 respondents will be subject to these standards over the three-year period covered by this ICR.

Industry trade association(s) and other interested parties were provided an opportunity to comment on the burden associated with these standards as they were being developed and these same standards have been reviewed previously to determine the minimum information needed for compliance purposes. In developing this ICR, we contacted both the International Fertilizer Industry Association, at [email protected]; and The Fertilizer Institute, at (202) 962-0490, or [email protected].

It is our policy to respond after a thorough review of comments received since the last ICR renewal, as well as for those submitted in response to the first Federal Register notice. In this case, no comments were received.

3(d) Effects of Less-Frequent Collection

Less frequent-information collection would decrease the margin of assurance that facilities are continuing to meet the 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.

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 nitric acid plants. The United States Standard Industrial Classification (SIC) code for the respondents affected by the standards is SIC 2873, which corresponds to the North American Industry Classification System (NAICS) 325311 for Nitrogenous Fertilizer Manufacturing.

4(b) Information Requested

(i) Data Items

In this ICR, all the data that are recorded or reported is required by the NSPS for Nitric Acid Plants (40 CFR Part 60, Subparts G and Ga).

A source must make the following reports:

Notifications
Notification of construction or modification application	§60.6(a)
Notification of construction/reconstruction	§60.7(a)(1)
Initial notifications	§60.7(a)(3)
Notification of actual startup	§60.7(a)(3)
Initial performance test	§60.8(d), §60.73a(e)
Rescheduled initial performance test	§60.8(d)
Demonstration of continuous monitoring system	§60.7(a)(5)
Physical or operational change	§60.7(a)(4)
Opacity or visible emissions	§60.7(a)(6)
Continuous Emission Rate Monitoring Systems (CERMS) modification	§60.77a(d)

Reports
Initial performance test and RATA results	§60.8(a), §60.77a(a), §60.77a(e),
Compliance status	§60.7(a)(7)
Periodic startup, shutdown, malfunction reports	§60.7(b), §60.77a(f)
Semiannual reports	§60.7(c)
Source status report	§60.7(c)
NOX non-compliance reports	§60.77a(b)-(c)

A source must keep the following records:

Recordkeeping
Startup, shutdowns, malfunctions, periods where the continuous monitoring system is inoperative	§60.7(b), §60.76a(f)
Emission test results and other data needed to determine emissions	§60.7(c)
All reports and notifications	§60.19
Record of applicability	§60.70
Records of sources with continuous monitoring systems (CMS)	§60.7(c)
Records of ongoing monitoring.	§60.7(f)
Records of performance evaluations of (CMS)	§60.76a(a)
Records of daily production, nitric acid concentration, and average NOx emissions rates.	§60.76a(b)
Records of noncompliance with the emission standard and description of corrective action.	§60.76a(c-d)
Records of any modifications to CEMS	§60.76a(e)
Maintain records for two years	§60.7(f)

Electronic Reporting

Owners and operators of facilities subject to 40 CFR Part 60, Subpart Ga must submit the results of the relative accuracy test audit (RATA) to the EPA’s WebFIRE database by using the Compliance and Emissions Data Reporting Interface (CEDRI) that is accessed through EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/SSL/cdx/EPA_Home.asp). Performance test data must be submitted to EPA's Electronic Reporting Tool (ERT): (http://www.epa.gov/ttn/chief/ert/index.html). Additionally, 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.

(ii) Respondent Activities

Respondent Activities

Familiarization with the regulatory requirements.

Install, calibrate, maintain, and operate NOx CEMS or CERMS, which include NOx concentration and gas flow rate monitors.

Perform initial performance test, Reference Method 7, 7A, 7B, 7C, 7D, or 320 test, 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 standards and 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 semiannual 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 two years.

5(c) Small Entity Flexibility

The majority of the respondents are large entities (i.e., large businesses). However, the impact on small entities (i.e., small businesses) was taken into consideration during the development of the regulation. Due to technical considerations involving the process operations and the types of control equipment employed, the recordkeeping and reporting requirements are the same for both small and large entities. The Agency considers these to be the minimum requirements needed to ensure compliance and, therefore, cannot reduce them further for small entities. To the extent that larger businesses can use economies of scale to reduce their burden, the overall burden will be reduced.

5(d) Collection Schedule

The specific frequency for each information collection activity within this request is shown below at the end of this document in Table 1: Annual Respondent Burden and Cost – NSPS for Nitric Acid Plants (40 CFR Part 60, Subparts G and Ga) (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 each of the subparts 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 record-keeping and reporting requirements is estimated to be 2,530 hours (Total Labor Hours from Table 1 below). These hours are based on Agency studies and background documents from the development of these regulations, Agency knowledge and experience with the NSPS 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 standards 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 these regulations. 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) Continuous Monitoring Device	(B) Capital/Startup Cost for One Respondent	(C) Number of New Respondents	(D) Total Capital/Startup Cost, (B X C)	(E) Annual O&M Costs for One Respondent	(F) Number of Respondents with O&M	(G) Total O&M, (E X F)
Subpart G
NOx CMS	$68,000	0	$0	$100,000	24	$2,400,000
Subpart Ga
NOx CERMS1, 2	$113,478	1.2	$136,174	$23,488	8	$187,904
CERMS testing	$15,019	1.2	$18,023	NA	0	NA
Flow meter testing	$6,229	1.2	$7,475	NA	0	NA
File cabinets 1	$783	1.2	$940	NA	0	NA
TOTAL3			$163,000			$2,590,000

¹ We estimate an annual capital cost of $136,174 for NOx CERMS and $940 for file cabinets for all respondents. The capital cost per respondent is calculated by dividing the total capital cost by 1.2 new respondents.

² On average over the three-year period of this ICR, we estimate an average 8 respondents per year will be subject to Subpart Ga (a growth rate of 1.2 respondents per year).

³ Totals have been rounded to 3 significant figures. Figures may not add exactly due to rounding.

The total capital/startup costs for this ICR are $163,000. This is the total of column D in the above table.

The total operation and maintenance (O&M) costs for this ICR are $2,590,000. 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 $2,750,000. These are the recordkeeping costs.

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 $8,210.

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 at the end of this document in Table 2: Average Annual EPA Burden and Cost – NSPS for Nitric Acid Plants (40 CFR Part 60, Subparts G and Ga) (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 31 existing respondents will be subject to these standards. It is estimated that an additional 1.2 respondents per year will become subject to these same standards. The overall average number of respondents, as shown in the table below, is 32 per year. This is comprised of 24 sources subject to Subpart G and 8 sources subject to Subpart Ga.

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)
1	1.2	30	0	0.2	31
2	1.2	31	0	0.2	32
3	1.2	32	0	0.2	33
Average		31			32

¹ New respondents include sources with constructed, reconstructed and modified affected facilities. In this standard existing respondents submit initial notifications.

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 32.

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
Subpart Ga
Notification of construction / reconstruction	1.2	1	0	1.2
Notification of actual startup	1.2	1	0	1.2
Notification of initial performance test	1.2	1	0	1.2
Notification of CERMS demonstration	1.2	1	0	1.2
Report of performance test	1.2	1	0	1.2
Report of noncompliance with NOx emission standard	0.8	1	0	0.8
Subpart G
Notification of physical/operational changes	0.2	1	0	0.2
Semiannual reports	24	2	0	48
			Total	55

The number of Total Annual Responses is 55.

The total annual labor costs are $289,000.00 (rounded). Details regarding these estimates may be found below in Table 1: Annual Respondent Burden and Cost – NSPS for Nitric Acid Plants (40 CFR Part 60, Subparts G and Ga) (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 at the end of this document, respectively, and summarized below.

(i) Respondent Tally

The total annual labor hours are 2,530 hours (rounded). Details regarding these estimates may be found below in Table 1: Annual Respondent Burden and Cost – NSPS for Nitric Acid Plants (40 CFR Part 60, Subparts G and Ga) (Renewal).

We assume that burdens for managerial tasks take 5% of the time required for technical tasks because the typical tasks for managers are to review and approve reports. Clerical burdens are assumed to take 10% of the time required for technical tasks because the typical duties of clerical staff are to proofread the reports, make copies and maintain records.

Furthermore, the annual public reporting and recordkeeping burden for this collection of information is estimated to average 46 hours per response.

The total annual capital/startup and O&M costs to the regulated entity are $2,750,000. 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 173 labor hours at a cost of $8,210; see below in Table 2: Average Annual EPA Burden and Cost – NSPS for Nitric Acid Plants (40 CFR Part 60, Subparts G and Ga) (Renewal).

We assume that burdens for managerial tasks take 5% of the time required for technical tasks because the typical tasks for managers are to review and approve reports. Clerical burdens are assumed to take 10% of the time required for technical tasks because the typical duties of clerical staff are to proofread the reports, make copies and maintain records.

6(f) Reasons for Change in Burden

There is an adjustment 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 the cost estimates is due to adjustments for growth in the industry. There is an increase in the labor hours and operation and maintenance costs due to an increase in the number of respondents subject to subpart Ga from 5 to 8 based on growth. There is also a nominal increase in the number of responses (0.3 responses per year), as this ICR assumes ten percent of the 3 new respondents under subpart Ga could submit a report of noncompliance with the NOx emission standard; however, this increase does not significantly change the number of annual responses from the prior ICR.

6(g) Burden Statement

The annual public reporting and recordkeeping burden for this collection of information is estimated to average 46 hours per response. ‘Burden’ means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information either 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-2015-0190. 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-2015-0190 and OMB Control Number 2060-0019 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 – NSPS for Nitric Acid Plants (40 CFR Part 60, Subparts G and Ga) (Renewal)

Burden Item	(A) Respondent Hours per Occurrence	(B) Number of Occurrences per Respondent per Year	(C) Hours per Respondent per Year (C=AxB)	(D) Number of Respondents per Year a	(E) Technical Hours per Year (E=CxD)	(F) Management Hours per Year (F=Ex0.05)	(G) Clerical Hours per Year (G=Ex0.1)	(H) Total Labor Costs per Year, b
1. Applications	N/A
2. Survey and Studies	N/A
3. Reporting Requirements
Sources Constructed or Modified after 10/14/2011 – Subpart Ga
A. Familiarize with regulatory requirements c	1	1	1	8	8	0.4	0.8	$1,047.94
B. Required Activities
Initial performance test	180	1	180	1.2	216	10.8	21.6	$28,294.27
Demonstration of CERMS	180	1	180	1.2	216	10.8	21.6	$28,294.27
Repeat performance test d	180	1	180	0.24	43.2	2.16	4.32	$5,658.85
Daily monitoring of CERMS	0.5	330	165	1.2	198	9.9	19.8	$25,936.42
C. Create Information	See 3B
D. Gather Existing Information	See 3E
E. Write Report
Notification of construction/reconstruction	2	1	2	1.2	2.4	0.12	0.24	$314.38
Notification of actual startup	2	1	2	1.2	2.4	0.12	0.24	$314.38
Notification of initial performance test	2	1	2	1.2	2.4	0.12	0.24	$314.38
Notification of demonstration of CERMS	2	1	2	1.2	2.4	0.12	0.24	$314.38
Report of performance test	2	1	2	1.2	2.4	0.12	0.24	$314.38
Report of noncompliance with NOX emission standard e	2	1	2	0.8	1.6	0.08	0.16	$209.59
Subtotal for Reporting Requirements - Subpart Ga					799			$91,013
Existing Sources – Subpart G
A. Familiarize with regulatory requirements c	1	1	1	24	24	1.2	2.4	$3,143.81
B. Write Report
Notification of physical/operational changes f	8	1	8	0.2	1.6	0.08	0.16	$209.59
Semiannual reports g	8	2	16	24	384	19.2	38.4	$50,300.93
Subtotal for Reporting Requirements- Subpart G					471			$53,654
Total Reporting Requirements for Subparts G and Ga					1,270			$145,000
4. Recordkeeping Requirements
A. Familiarize with regulatory requirements	See 3A
B. Plan activities	See 3B
C. Implement activities	See 3B
D. Develop record system	N/A
Subpart Ga: Sources Constructed or Modified after 10/14/2011
E Time to Enter Information
Records of noncompliance e	0.5	1	0.5	0.8	0.4	0.02	0.04	$52.40
Daily production and flow rates	8	1	8	8	64	3.2	6.4	$8,383.49
Data collection	0.13	330	41.25	8	330	16.50	33.00	$43,227.36
Records of occurrence of startup, shutdown and malfunctions	8	1	8	8	64	3.2	6.4	$8,383.49
F. Time to Train Personnel
Train personnel for CERMS maintenance	16	2	32	8	256	12.8	25.6	$33,533.95
Subtotal for Recordkeeping Requirements - Subpart Ga					822			$93,581
Subpart G: Existing Sources
E. Time to Enter Information
Records of daily production rates and hours of operation	8	1	8	24	192	9.6	19.2	$25,150.46
Records of occurrence of startup, shutdown and malfunctions	8	1	8	24	192	9.6	19.2	$25,150.46
Records of performance test data	80	1	80	0	0	0	0	$0
G. Audits	N/A
Subtotal for Recordkeeping Requirements - Subpart G					442			$50,301
Total Recordkeeping Requirements for Subparts G and Ga					1263			$143,900
Total Labor Burden and Cost for Subpart Ga (rounded) h					1,620			$185,000
Total Labor Burden and Cost for Subpart G (rounded) h					913			$104,000
TOTAL LABOR BURDEN AND COST (rounded) h					2,530			$289,000
TOTAL CAPITAL AND O&M COST (rounded) h								$2,750,000
GRAND TOTAL (rounded) h								$3,040,000

Assumptions

^a We have assumed there are approximately 32 respondents (24 subject to Subpart G and 8 subject to Subpart Ga), with 1.2 new sources per year becoming subject to the rule over the next three years.

^b This ICR uses the following labor rates: $117.92 for technical, $147.40 for managerial, and $57.02 for clerical labor. 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.

^c We have assumed that each respondent will have to familiarize with regulatory requirements each year.

^d We assume that 20% of sources will have to repeat performance tests.

^e We assume 10% of sources will report non-compliance.

^f We assume 1 existing facility will be reconstructed or modified over the next 5 years (0.2 respondents per year).

^g We assume it will take 8 hours to write semiannual reports.

^h Totals have been rounded to 3 significant figures. Figures may not add exactly due to rounding.

Table 2: Average Annual EPA Burden and Cost – NSPS for Nitric Acid Plants (40 CFR Part 60, Subparts G and Ga) (Renewal)

Burden Item	(A) EPA Hours per Occurrence	(B) Number of Occurrences per Plant per Year	(C) EPA Hours per Respondent per Year (C=AxB)	(D) Number of Respondents per Year a	(E) Technical Hours per Year (E=CxD)	(F) Management Hours per Year (F=Ex0.05)	(G) Clerical Hours per Year (G=Ex0.1)	(H) Total Labor Costs per Year, b
Subpart Ga a
Required Activities
Observe initial performance test	24	1	24	1.2	28.8	1.44	2.88	$1,574.60
Repeat performance test c	24	0.2	4.8	1.2	5.76	0.29	0.58	$314.92
Report Review					0	0	0	$0.00
Notification of construction/reconstruction	2	1	2	1.2	2.4	0.12	0.24	$131.22
Notification of actual startup	0.5	1	0.5	1.2	0.6	0.03	0.06	$32.80
Notification of initial performance test	0.5	1	0.5	1.2	0.6	0.03	0.06	$32.80
Review test results	8	1	8	1.2	9.6	0.48	0.96	$524.87
Review test NOX noncompliance reports d	8	1	8	0.8	6.4	0.32	0.64	$349.91
Subtotal for Subpart Ga					62			$2,961
Subpart G
Report Review
Semiannual reports a	2	2	4	24	96	4.8	9.6	$5,248.66
Subtotal for Subpart G					110			$5,250
TOTAL ANNUAL BURDEN and COST (rounded) e					173			$8,210

Assumptions

^a We have assumed there are approximately 32 respondents (24 subject to Subpart G and 8 subject to Subpart Ga), with 1.2 new sources per year becoming subject to the rule over the next three years

^b This ICR uses the following average hourly labor rates: $65.71 for managerial (GS-13, Step 5, $41.07 + 60%), $48.75 (GS-12, Step 1, $30.47 + 60%) for technical and $26.38 (GS-6, Step 3, $16.49 + 60%) for clerical. 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.

^c We assume that 20% of new sources will have to repeat performance tests.

^d We assume 10% of sources will report non-compliance.

^e Totals have been rounded to 3 significant figures. Figures may not add exactly due to rounding.