Quality-Assurance Requirements During the COVID-19 National Emergency (Emergency Request)

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Emergency ICR Justification Memo for IFR amending part 75 QA requirements.docx	Supporting Statement A	Uploaded 2020-04-14	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
241304	Quality-Assurance Requirements During the COVID-19 National Emergency		New

ICR Details

OMB Control No: 2060-0727	ICR Reference No: 202004-2060-003
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: EPA/OAR	Agency Tracking No: 2622.01
Title: Quality-Assurance Requirements During the COVID-19 National Emergency (Emergency Request)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 04/10/2020
OIRA Conclusion Action: Approved with change	Conclusion Date: 04/23/2020
	Date Received in OIRA: 04/09/2020
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2020	6 Months From Approved
Responses	750	0	0
Time Burden (Hours)	3,000	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: EPA has determined that existing provisions of the emissions monitoring, recordkeeping, and reporting provisions at 40 CFR part 75 are inconsistent with public health measures currently being implemented to address the novel coronavirus disease (COVID-19) national emergency. The part 75 regulations apply to almost all electricity generating units in the contiguous 48 states, as well as several hundred industrial units, pursuant to the Acid Rain Program, Cross-State Air Pollution Rule (CSAPR) trading programs, and the NOX SIP Call. Affected units must monitor and report their mass emissions of SO2 and/or NOX for every operating hour and in most cases must surrender SO2 and/or NOX emission allowances equal to their reported emissions under one or more EPA trading programs. The part 75 regulations require affected units to perform a variety of tests for certification of monitoring systems, ongoing quality assurance, and other purposes. In order to provide a self-enforcing incentive for units to perform required tests in a timely manner, the regulations provide that if a unit fails to complete a required test by the applicable deadline, the unit must report substitute emissions data higher than the unit’s actual monitored emissions data until the test has been completed. As the degree of lateness grows, the required substitute data become more conservative, eventually reaching the unit’s maximum potential emissions in every operating hour. Higher reported emissions data will cause the unit to surrender larger quantities of emission allowances under EPA trading programs, at increased cost to the unit’s owners. As presently written, the part 75 provisions that automatically require an affected unit to report substitute data when a test deadline is missed do not take the unit’s reason for missing the test deadline into account. In the current COVID-19 emergency there is a widespread effort to limit social interactions for public health reasons. However, many part 75 tests are performed by outside contractors which would necessarily result in interactions between plant staff and outside personnel even during the current emergency. Accordingly, EPA believes there is an urgent need to revise these provisions to facilitate plant operation in light of the COVID-19 public health emergency. The temporary amendments allow an affected unit to continue to report monitored emissions data as valid instead of requiring the unit to report higher-than-actual substitute data in instances where data from a monitoring system would otherwise be considered invalid solely because of failure to complete a required test and where the unit’s failure to complete the test is attributable to a national emergency. The amendments apply to all types of tests for which a missed deadline would otherwise automatically result in requirements to report substitute data, but only during an emergency period (as defined in the amendments). The amendments do not apply to tests where a deadline is missed for non-emergency reasons, do not alter any other emissions monitoring or reporting requirements, and do not alter any existing emissions limitations. Every unit is required to complete any deferred tests as soon as practicable after any emergency-related restrictions relevant to that unit are lifted. The amendments expire 180 days year after promulgation.

Emergency Justfication: EPA is requesting emergency clearance for the information collection associated with temporary amendments to 40 CFR part 75 that are being issued to take immediate effect in a rule entitled Continuous Emission Monitoring; Quality-Assurance Requirements During National Emergencies. The amendments are being issued as an interim final rule without prior notice and opportunity for comment and will expire in 180 days unless made permanent in a subsequent action. EPA requests a decision on this request for emergency clearance within ten days.

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Authorizing Statute(s): US Code: 42 USC 7651k Name of Law: Clean Air Act (CAA)
   US Code: 42 USC 7410(a)(2)(D)(i)(I) Name of Law: Clean Air Act (CAA)
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2060-AU85	Final or interim final rulemaking	85 FR 22362	04/22/2020

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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: 1

table that charts list of burden

IC Title	Form No.	Form Name
Quality-Assurance Requirements During the COVID-19 National Emergency

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ICR Summary of Burden

table that charts list of burden

	Total Approved	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	750	0	0	750	0	0
Annual Time Burden (Hours)	3,000	0	0	3,000	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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

Burden Increase Due to: Changing Regulations

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

Burden Reduction Due to:

Short Statement: This is a new collection associated with temporary amendments to 40 CFR part 75 that are being issued to take immediate effect in a rule entitled “Continuous Emission Monitoring; Quality-Assurance Requirements During the COVID-19 National Emergency.”

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Annual Cost to Federal Government: $10,500

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? Yes

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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: 04/09/2020

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