NESHAP for Industrial, Commercial, and Institutional Boilers and Process Heaters (40 CFR Part 63, subpart DDDDD) (Proposed Rule)
Revision of a currently approved collection
No
Regular
Comment filed on proposed rule and continue
04/19/2022
08/25/2020
In accordance with 5 CFR 1320, OMB is filing comment and withholding approval at this time. The agency shall examine public comment in response to the proposed rulemaking and 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, including comments on maximizing the practical utility of the collection and minimizing the burden.
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
03/31/2022
36 Months From Approved
05/31/2025
2,661
0
2,661
596,800
0
596,800
138,860,000
0
138,860,000
The National Emission Standards for Hazardous Air Pollutants (NESHAP) for Industrial, Commercial, and Institutional Boilers and Process Heaters applies to existing and new industrial, commercial, and institutional boilers and process heaters located at major sources of HAP. New facilities include those that commenced construction or reconstruction after June 4, 2010. This information is being collected to assure compliance with 40 CFR Part 63, Subpart DDDDD.
In general, all NESHAP standards require initial notifications, performance tests (if sources are using add-on controls to demonstrate compliance), 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 deviation from an emission limitation (either a numerical emission limit, an operating limit, or an equipment or work practice standard), 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.
The NESHAP for Industrial, Commercial, and Institutional Boilers and Process Heaters were proposed on January 13, 2003 and promulgated on September 13, 2004. On June 19, 2007, the United States Court of Appeals for the District of Columbia Circuit vacated and remanded the Boilers NESHAP. On June 4, 2010 EPA issued a proposal in response to the vacatur, and in March 2011 EPA promulgated the rule in response to the vacatur. Also in March 2011, EPA issued a voluntary reconsideration of the final rule and then proposed its reconsideration of the rule in December 2011. The Boiler MACT reconsideration was finalized in January 2013. On January 21, 2015, EPA issued a proposal in response to certain issues raised in petitions of reconsideration on the January 13, 2013 final rule. EPA subsequently published a final rule and notice of action on reconsideration on November 20, 2015. The 2015 final rule did not increase any new recordkeeping and reporting burdens. Subsequently, the United States Court of Appeals for the District of Columbia Circuit, in a decision issued in July 2016, vacated several of the emission standards to EPA based on the courts review of EPAs approach to setting those standards. On December 23, 2016, the United States Court of Appeals for the District of Columbia Circuit granted EPAs motion for rehearing on remedy and remanded without vacatur these affected MACT standards. Therefore, these emission standards have remained in effect since the courts decision.
The proposed amendments change several emission limits as part of EPAs response to this remand. The changes result in more stringent emission limits in some cases, which is expected to require additional recordkeeping and reporting burden. This supporting statement addresses incremental information collection activities that will be imposed by the amendments to the NESHAP for Industrial, Commercial, and Institutional Boilers and Process Heaters.
There is an increase in the labor hours, number of respondents, capital costs, and annual O&M costs in this ICR as compared to the previous ICR. This increase is a result of additional monitoring and control devices anticipated to be installed to comply with the more stringent emission limits in the proposed amendments. This burden will mostly occur in year three, but a small amount of burden to familiarize with these regulatory changes is estimated to occur in year one.
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:
(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;
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.
2028t10.xlsx
2028ss10.docx
NESHAP for Industrial, Commercial, and Institutional Boilers and Process Heaters (40 CFR Part 63, subpart DDDDD) - Private Sector