Emission Guidelines for Existing Other Solid Waste Incineration (OSWI) Units (40 CFR part 60, subpart FFFF) (Proposed Rule)

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
2164ss07.docx	Supporting Statement A	Uploaded 2021-12-20	Repair queued
2164t07.xlsx	Supplementary Document	Uploaded 2021-12-20	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
250856	Emission Guidelines for Existing Other Solid Waste Incineration (OSWI) Units (40 CFR part 60, subpart FFFF) (Proposed Rule)		New
24807	Emission Guidelines for Existing Other Solid Waste Incineration (OSWI) Units (40 CFR part 60, subpart FFFF)		Unchanged

ICR Details

OMB Control No: 2060-0562	ICR Reference No: 202112-2060-005
Status: Historical Inactive	Previous ICR Reference No: 201811-2060-007
Agency/Subagency: EPA/OAR	Agency Tracking No: 2164.07
Title: Emission Guidelines for Existing Other Solid Waste Incineration (OSWI) Units (40 CFR part 60, subpart FFFF) (Proposed Rule)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 04/29/2022
Retrieve Notice of Action (NOA)	Date Received in OIRA: 12/20/2021
Terms of Clearance: OMB files this comment in accordance with 5 CFR 1320.11(c). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. If OMB has assigned this ICR a new OMB Control Number, the OMB Control Number will not appear in the active inventory. For future submissions of this information collection, reference the OMB Control Number provided. In accordance with 5 CFR 1320, OMB is withholding approval at this time. Prior to publication of the final rule, the agency must submit to OMB a summary of all comments related to the information collection contained in the proposed rule and the agency response. The agency should clearly indicate any changes made to the information collection as a result of these comments. In accordance with 1320.10(a), the agency is reminded to submit the ICR for OMB review the day of Federal Register publication for the proposed rule.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2021	12/31/2021	05/31/2022
Responses	297	0	297
Time Burden (Hours)	70,200	0	70,200
Cost Burden (Dollars)	495,000	0	495,000

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Abstract: The Emission Guidelines for Existing Other Solid Waste Incineration (OSWI) Units (40 CFR Part 60, Subpart FFFF) were proposed on December 9, 2004 (69 FR 71472), promulgated on December 16, 2005 (70 FR 74892), and amended on November 24, 2006 (71 FR 67806). Under the proposed rule, the Emission Guidelines apply to any air quality program in either a state or a United States protectorate with one or more existing OSWI units or air curtain incinerators that commenced construction either on or before December 9, 2004. The affected OSWI units include two additional sub-categories: very small municipal waste combustion (VSMWC) units that combust less than 35 tons per day (TPD) of waste and institutional waste incineration (IWI) units. This Subpart does not directly affect incineration unit owners and operators; however, they must comply with the states plan that was developed by the air quality program administrator to implement the emission guidelines. This information is being collected to assure compliance with 40 CFR Part 60, Subpart FFFF. The EPA is proposing to revise 40 CFR Part 60, Subpart FFFF to include subcategories for VSMWC or IWI units that have capacities equal to or less than 10 TPD that commenced construction, reconstruction, or modification before August 30, 2020. For units that have capacities equal to or less than 10 TPD, the EPA is proposing revised emission limits and substitute compliance options in lieu of initial and annual stack testing, add-on control devices, and CEMS. Units with a capacity to combust greater than or equal to 10 TPD that commenced construction either on or before December 9, 2004 would continue to meet the current testing, monitoring, recordkeeping requirements. Additionally, the EPA is proposing to remove startup, shutdown, and malfunction reporting requirements for all units, because the emission limits will apply at all times. The proposed rule also includes requirements for electronic reporting of certain reports and performance test results. This ICR only includes the incremental burden associated with the proposed 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-AU60	Proposed rulemaking	85 FR 54178	08/31/2020

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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

table that charts list of burden

IC Title	Form No.	Form Name
Emission Guidelines for Existing Other Solid Waste Incineration (OSWI) Units (40 CFR part 60, subpart FFFF)
Emission Guidelines for Existing Other Solid Waste Incineration (OSWI) Units (40 CFR part 60, subpart FFFF) (Proposed Rule)

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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 ICR only includes the incremental burden associated with the proposed rule. We have revised the number of respondents based on the inventory conducted as part of the proposed rulemaking; based on the data collected, we estimate there are currently 155 facilities subject to these guidelines. Although the estimated number of respondents increased from the most recently-approved ICR, we anticipate an overall decrease in burden if the proposed rule is finalized, due to the removal of the requirement to perform initial and annual stack testing for certain small OSWI units and the addition of substitute means of compliance demonstration that do not require an add-on control device or CEMS. The previous ICR assumed none of the existing facilities would need to perform initial stack testing and that all facilities would perform annual stack testing. The ICR is revised to reflect the proposed requirement that all facilities still need to demonstrate initial compliance with the rule, either by performing initial stack testing for 63 facilities that are able to conduct testing, or by using a substitute means of compliance demonstration for the remaining 63 facilities. There is no new proposed testing requirement and therefore no incremental burden for 29 facilities with air curtain incinerators. The substitute means of compliance demonstration method for continuous compliance will require recordkeeping related to the waste profiles combusted, but reduces the burden associated with testing costs. This ICR assumes that all 126 facilities that are not operating an air curtain incinerator will be able to meet the revised emission limits without the use of an add-on control and will use a substitute means of compliance demonstration rather than the use of CEMS to demonstrate continuous compliance, which results in a decrease in the burden associated with daily calibration and monitoring and RATA and RAA audits. Therefore, this ICR only reflects the burden associated with initial testing for a limited number of facilities and the continuous compliance costs for sources who use the substitute compliance option, as well as the removal of recordkeeping requirements for startup, shutdown, and malfunction.

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Annual Cost to Federal Government: $406,000

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: 12/20/2021

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