NESHAP for Area Sources: Polyvinyl Chloride and Copolymer Production, Primary Copper Smelting, Secondary Copper Smelting, and Primary Nonferrous Metals-Zinc, Cadmium, and Beryllium (Proposed Rule)

Forms and Documents

Document Name	Status
2240t07.xlsx Supplementary Document	2022-01-14
2240ss07.dox.docx Supporting Statement A	2022-01-14

IC Document Collections

IC ID	Document Title	Status
45484	NESHAP for Area Sources: Polyvinyl Chloride and Copolymer Production, Primary Copper Smelting, Secondary Copper Smelting, and Primary Nonferrous Metals--Zinc, Cadmium, and Beryllium	Unchanged
251171	NESHAP for Primary Copper Smelting Area Sources (Proposed Rule)	New

ICR Details

OMB Control No: 2060-0596	ICR Reference No: 202201-2060-002
Status: Received in OIRA	Previous ICR Reference No: 201906-2060-003
Agency/Subagency: EPA/OAR	Agency Tracking No: 2240.07
Title: NESHAP for Area Sources: Polyvinyl Chloride and Copolymer Production, Primary Copper Smelting, Secondary Copper Smelting, and Primary Nonferrous Metals-Zinc, Cadmium, and Beryllium (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: 01/14/2022

	Requested	Previously Approved
Expiration Date	11/30/2022	11/30/2022
Responses	7	4
Time Burden (Hours)	83	74
Cost Burden (Dollars)	0	0

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Abstract: The National Emission Standards for Hazardous Air Pollutants (NESHAP) for Primary Copper Smelting Area Sources was proposed on October 6, 2006, promulgated on January 23, 2007, and amended on July 3, 2007. These regulations apply to each existing and new copper concentrate dryer, smelting vessel, converting vessel, matte drying and grinding plant, secondary gas system and anode refining department located at a primary copper smelting facility that is an area source of hazardous air pollutant (HAP) emissions. Area sources of HAP emissions are sites that emit less than 9.07 megagrams (10 tons) per year of a single HAP or less than 22.68 megagrams (25 tons) per year of any combination of HAPs. 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 EEEEEE. In general, all NESHAP 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 to the United States Environmental Protection Agency (EPA), or its delegated authority, in determining compliance with NESHAP, and are required of all sources subject to NESHAP. Semiannual compliance and monitoring reports are also required. Any owner or operator subject to the provisions of this part shall maintain a file of these measurements and retain the file for at least 5 years following the date of such measurements, maintenance reports, and records. All reports are sent to the delegated state or local authority. In the event that there is no such delegated authority, the reports are sent directly to the EPA regional office. The proposed technology review amendments to the rule remove the startup, shutdown, and malfunction (SSM) exemption and specify that standards apply at all times; and require electronic reporting of performance test results and notification of compliance status. The remaining portions of the NESHAP remain unchanged.

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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-AU63	Proposed rulemaking	87 FR 1616	01/11/2022

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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 Area Sources: Polyvinyl Chloride and Copolymer Production, Primary Copper Smelting, Secondary Copper Smelting, and Primary Nonferrous Metals--Zinc, Cadmium, and Beryllium
NESHAP for Primary Copper Smelting Area Sources (Proposed Rule)

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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	7	4	0	3	0	0
Annual Time Burden (Hours)	83	74	0	9	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 ICR is prepared for proposed amendments to the NESHAP for Primary Copper Smelting Area Sources (40 CFR, Part 63, Subpart EEEEEE). These proposed RTR amendments: (1) adjust references to the Part 63 General Provisions (40 CFR, Part 63, Subpart A) and revise provisions in the NESHAP (40 CFR Part 63, Subpart EEEEEE) to remove the SSM exemption and SSM plan requirement; (2) add electronic submittal of notification of compliance status and performance test reports; and (3) make technical and editorial changes. Where applicable, adjustments for these proposed RTR amendments are reflected in Tables 1 and 2 of this ICR. Costs per labor hour have increased due to increases in Technical, Managerial, and Clerical labor rates. The proposed amendments to remove the exemptions for SSM and require that the standards apply at all time are not expected to affect the reporting and recordkeeping burden. Based on the EPAs knowledge of the processes and engineering judgement, malfunctions in the Primary Copper Smelting source category are considered unlikely to result in a violation of the standard. Affected sources at primary copper smelting plants are controlled with add-on air pollution control devices which will continue to function in the event of a process upset. Also, processes in the industry are typically equipped with controls that will not allow startup of the emission source until the associated control device is operating and will be shut down the emission source if the associated controls malfunction. Furnaces used in primary copper smelting, which are the largest sources of HAP emissions, typically operate continuously for long periods of time with no significant spikes in emissions. These minimal fluctuations in emissions are controlled by the existing add-on air pollution control devices used at all plants in the industry. The other proposed amendment would require the use of EPAs electronic reporting system to submit performance tests and compliance reports. For purposes of this ICR, it is assumed that there will be no additional burden associated with the proposed requirement for respondents to submit the notifications and reports electronically.

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Annual Cost to Federal Government: $656

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: 01/14/2022

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