NESHAP for Industrial, Commercial, and Institutional Boilers and Process Heaters (40 CFR Part 63, subpart DDDDD) (Proposed Rule)

Forms and Documents

Document Name	Status
2028t10.xlsx Supplementary Document	2019-11-13
2028ss10.docx Supporting Statement A	2019-11-13

IC Document Collections

IC ID	Document Title	Status
24795	NESHAP for Industrial, Commercial, and Institutional Boilers and Process Heaters (40 CFR Part 63, subpart DDDDD) - Private Sector	Modified
196090	NESHAP for Industrial, Commercial, and Institutional Boilers and Process Heaters - Public Sector	Modified

ICR Details

OMB Control No: 2060-0551	ICR Reference No: 201911-2060-001
Status: Received in OIRA	Previous ICR Reference No: 201811-2060-010
Agency/Subagency: EPA/OAR	Agency Tracking No: 2028.10
Title: NESHAP for Industrial, Commercial, and Institutional Boilers and Process Heaters (40 CFR Part 63, subpart DDDDD) (Proposed Rule)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 08/25/2020

	Requested	Previously Approved
Expiration Date	36 Months From Approved	03/31/2022
Responses	2,680	2,661
Time Burden (Hours)	597,480	596,800
Cost Burden (Dollars)	139,400,000	138,860,000

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Abstract: 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.

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Authorizing Statute(s): US Code: 42 USC 7401 Name of Law: Clean Air Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2060-AU20	Proposed rulemaking	85 FR 52294	08/25/2020

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
NESHAP for Industrial, Commercial, and Institutional Boilers and Process Heaters - Public Sector
NESHAP for Industrial, Commercial, and Institutional Boilers and Process Heaters (40 CFR Part 63, subpart DDDDD) - Private Sector

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	2,680	2,661	0	19	0	0
Annual Time Burden (Hours)	597,480	596,800	0	680	0	0
Annual Cost Burden (Dollars)	139,400,000	138,860,000	0	540,000	0	0

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

Burden Increase Due to: Miscellaneous Actions

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

Burden Reduction Due to:

Short Statement: 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.

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Annual Cost to Federal Government: $1,502,600

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? No

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Common Form ICR:  No

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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: 08/25/2020

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