NESHAP for Primary Magnesium Refining (40 CFR part 63, subpart TTTTT) (Proposed Rule)

Forms and Documents

Document Name	Status
2098ss09.docx Supporting Statement A	2021-01-08
2098t09.xlsx Supplementary Document	2021-01-08

IC Document Collections

IC ID	Document Title	Status
24780	NESHAP for Primary Magnesium Refining (40 CFR part 63, Subpart TTTTT)	Modified

ICR Details

OMB Control No: 2060-0536	ICR Reference No: 202101-2060-002
Status: Received in OIRA	Previous ICR Reference No: 201904-2060-011
Agency/Subagency: EPA/OAR	Agency Tracking No: 2098.09
Title: NESHAP for Primary Magnesium Refining (40 CFR part 63, subpart TTTTT) (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: 01/08/2021

	Requested	Previously Approved
Expiration Date	06/30/2022	06/30/2022
Responses	4	4
Time Burden (Hours)	625	611
Cost Burden (Dollars)	1,200	1,200

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Abstract: The National Emission Standards for Hazardous Air Pollutants (NESHAP) for Primary Magnesium Refining was originally proposed on January 22, 2003, originally promulgated on October 10, 2003, and amended on April 20, 2006. The NESHAP is codified at 40 CFR part 63, subpart TTTTT. Amendments to the NESHAP are being proposed as a result of the residual risk and technology review (RTR) required under the Clean Air Act (CAA) (as discussed further below). The NESHAP applies to existing and new facilities that perform primary magnesium refining where the total hazardous air pollutants (HAP) emitted are greater than, or equal to, 10 tons per year for each HAP, or where the total HAP emitted are greater than, or equal to, 25 tons per year of any combination of HAP. New facilities include those that commenced construction or reconstruction after the date of proposal. This information is being collected to assure compliance with 40 CFR part 63, subpart TTTTT. In general, all NESHAP standards require initial notifications, performance tests, and periodic reports by the owners/operators of the affected facilities. Owners/operators are also required to maintain records of the occurrence and duration of any failures to meet applicable standards, 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 NESHAP. A semiannual report is also required under the rule.

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Authorizing Statute(s): US Code: 42 USC 7401 et.seq. 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-AU65	Proposed rulemaking	86 FR 1390	01/08/2021

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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

IC Title	Form No.	Form Name
NESHAP for Primary Magnesium Refining (40 CFR part 63, Subpart TTTTT)

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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	4	4	0	0	0	0
Annual Time Burden (Hours)	625	611	0	14	0	0
Annual Cost Burden (Dollars)	1,200	1,200	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: The proposed RTR amendments to the NESHAP for Primary Magnesium Refining (40 CFR, part 63, subpart TTTTT) (1) revise provisions in the NESHAP (40 CFR part 63, subpart TTTTT) to remove the SSM exemption and SSM plan requirement; (2) add a work practice standard for malfunction events associated with the CRB; (3) add a MACT emissions standard for the CBS; (4) add the requirement to continuously measure pH for all control devices; (5) add electronic reporting requirements for test reports and (6) make technical and editorial changes. Where applicable, adjustments for these proposed RTR amendments are reflected in Tables 1 and 2 of this ICR. The burden estimated for an affected facility to familiarize themself with regulatory requirements remained unchanged since the one affected facility is already complying with the rule, and therefore is aware of current rule requirements. The current burden estimate is expected to cover review of the actual time it would take industry to review the proposed amendments. Burden estimates were added for the facility to meet the requirement to record the corrective measures taken when the CRB malfunctions, record control device operating parameters, prepare notifications of performance test/performance evaluation, report the results of the performance tests through the ERT, prepare notification of compliance status, record failures to meet standards and actions taken to minimize emissions, conduct refresher training, transition to submitting notifications and semiannual reports through CEDRI, and compile data for semiannual reports. Burden estimates were removed for developing SSM plans and submitting periodic SSM reports.

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Annual Cost to Federal Government: $3,200

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: 01/08/2021

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