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NSPS for Coal Preparation and Processing Plants (40 CFR part 60, Subpart Y) (Renewal)

OMB: 2060-0122

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SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

NSPS for Coal Preparation and Processing Plants (40 CFR Part 60, Subpart Y) (Renewal)


1. Identification of the Information Collection


1(a) Title of the Information Collection


NSPS for Coal Preparation and Processing Plants (40 CFR Part 60, Subpart Y) (Renewal), EPA ICR Number 1062.16, OMB Control Number 2060-0122.


1(b) Short Characterization/Abstract


The New Source Performance Standards (NSPS) for Coal Preparation and Processing Plants (40 CFR Part 60, Subpart Y) were proposed on October 24, 1974; promulgated on January 15, 1976; and amended on October 8, 2009. These regulations apply to existing facilities and new facilities that perform coal preparation and processing with limits more than 181 megagrams (Mg) (200 tons) of coal per day. New facilities include those that commenced construction, modification, or reconstruction after the date of proposal. This information is being collected to assure compliance with 40 CFR Part 60, Subpart Y.


In general, all NSPS standards require initial notifications, performance tests, 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 startup, shutdown, or malfunction in the operation of an affected facility, 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 NSPS.


Any owner/operator subject to the provisions of this part shall maintain a file of these measurements, and retain the file for at least two years following the date of such measurements, maintenance reports, and records. All reports required to be submitted electronically are submitted through the EPA's Central Data Exchange (CDX), using the Compliance and Emissions Data Reporting Interface (CEDRI), where the delegated state or local authority can review them. If there is no such delegated authority, the EPA’s regional offices can review them.  All other reports are sent to the delegated state or local authority. If there is no such delegated authority, the reports are sent directly to the EPA’s regional offices. The use of the term "Designated Administrator" throughout this document refers to the U.S. EPA or a delegated authority such as a state agency. The term "Administrator" alone refers to the U.S. EPA Administrator.


The “Affected Public” are owners and operators of coal preparation and processing plants. The ‘burden’ to the Affected Public may be found in Table 1: Annual Respondent Burden and Cost – NSPS for Coal Preparation and Processing Plants (40 CFR Part 60, Subpart Y) (Renewal). The ‘burden’ to the Federal Government is attributed entirely to work performed by either Federal employees or government contractors and refers below to Table 2: Average Annual EPA Burden and Cost – NSPS for Coal Preparation and Processing Plants (40 CFR Part 60, Subpart Y) (Renewal). There are approximately 377 coal preparation and processing facilities, which are owned and operated by the coal preparation and processing industry. None of the 377 facilities in the United States are owned by either state, local, tribal entities or the Federal government. They are all owned and operated by privately-owned, for-profit businesses. We assume that they will all respond to EPA inquires.


Based on our consultations with industry representatives, there is an average of one affected facility at each plant site and each plant site has only one respondent (i.e., the owner/operator of the plant site).


Over the next three years, approximately 377 respondents per year will be subject to these standards, and no additional respondents per year will become subject to these same standards.


The Office of Management and Budget (OMB) approved the currently-active ICR without any “Terms of Clearance.”


2. Need for and Use of the Collection


2(a) Need/Authority for the Collection


The EPA is charged under Section 111 of the Clean Air Act (CAA), as amended, to establish standards of performance for new stationary sources that reflect:


. . . application of the best technological system of continuous emissions reduction which (taking into consideration the cost of achieving such emissions reduction, or any non-air quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated. Section 111(a)(l).


The Agency refers to this charge as selecting the best demonstrated technology (BDT). Section 111 also requires that the Administrator review and, if appropriate, revise such standards every eight years.


In addition, section 114(a) states that the Administrator may require any owner/operator subject to any requirement of this Act to:


(A) Establish and maintain such records; (B) make such reports; (C) install, use, and maintain such monitoring equipment, and use such audit procedures, or methods; (D) sample such emissions (in accordance with such procedures or methods, at such locations, at such intervals, during such periods, and in such manner as the Administrator shall prescribe); (E) keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical; (F) submit compliance certifications in accordance with Section 114(a)(3); and (G) provide such other information as the Administrator may reasonably require.


In the Administrator's judgment, PM, SO2, NOx, and CO emissions from coal preparation and processing plants either cause or contribute to air pollution that may reasonably be anticipated to endanger public health and/or welfare. Therefore, the NSPS were promulgated for this source category at 40 CFR Part 60, Subpart Y.


2(b) Practical Utility/Users of the Data


The recordkeeping and reporting requirements in these standards ensure compliance with the applicable regulations, which were promulgated in accordance with the Clean Air Act. The collected information is also used for targeting inspections and as evidence in legal proceedings.


Performance tests are required in order to determine an affected facility’s initial capability to comply with these emission standards. Continuous emission monitors are used to ensure compliance with these standards at all times. During the performance test a record of the operating parameters under which compliance was achieved may be recorded and used to determine compliance in place of a continuous emission monitor.


The notifications required in these standards are used to inform the Agency or delegated authority when a source becomes subject to the requirements of the regulations. The reviewing authority may then inspect the source to check if the pollution control devices are properly installed and operated and/or leaks are being detected and repaired, and that these standards are being met. The performance test may also be observed.


The required semiannual reports are used to determine periods of excess emissions, identify problems at the facility, verify operation/maintenance procedures, and for compliance determinations.


Additionally, the EPA is requiring owners or operators of affected sources to submit electronic copies of performance tests required by 40 CFR 60.258(d) through the EPA's Central Data Exchange (CDX), using the Compliance and Emissions Data Reporting Interface (CEDRI).


CEDRI includes the Electronic Reporting Tool (ERT) software, which is used by facilities to generate electronic reports of performance tests. The EPA is also requiring that 40 CFR Part 60, Subpart Y performance test reports be submitted through the EPA’s ERT.


3. Non-duplication, Consultations, and Other Collection Criteria


The requested recordkeeping and reporting are required under 40 CFR Part 60, Subpart Y.


3(a) Non-duplication


For reports required to be submitted electronically, the information is sent through the EPA's CDX, using CEDRI, where the appropriate EPA regional office can review it, as well as for state and local agencies that have been delegated authority. If a state or local agency has adopted under its own authority its own standards for reporting or data collection, adherence to those non-Federal requirements does not constitute duplication.  

 

For all other reports, if the subject standards have not been delegated, the information is sent directly to the appropriate EPA regional office. Otherwise, the information is sent directly to the delegated state or local agency. If a state or local agency has adopted its own standards to implement the Federal standards, a copy of the report submitted to the state or local agency can be sent to the Administrator in lieu of the report required by the Federal standards. Therefore, duplication does not exist.  


3(b) Public Notice Required Prior to ICR Submission to OMB


An announcement of a public comment period for the renewal of this ICR was published in the Federal Register 86 FR 8634 on February 8, 2021. No comments were received on the burden published in the Federal Register for this renewal.


3(c) Consultations


The Agency has consulted industry experts and internal data sources to project the number of affected facilities and industry growth over the next three years. The primary source of information as reported by industry, in compliance with the recordkeeping and reporting provisions in these standards, is the Integrated Compliance Information System (ICIS). ICIS is EPA’s database for the collection, maintenance, and retrieval of compliance data for industrial and government-owned facilities. The growth rate for the industry is based on our consultations with the Agency’s internal industry experts and current ECHO data. Approximately 377 respondents will be subject to these standards over the three-year period covered by this ICR.


Industry trade association(s) and other interested parties were provided an opportunity to comment on the burden associated with these standards as they were being developed and these same standards have been reviewed previously to determine the minimum information needed for compliance purposes. In developing this ICR, we contacted both the America Public Power Association (APPA), at (202) 467-2900, and the National Mining Association (NMA), at (202) 463-2600.


It is our policy to respond after a thorough review of comments received since the last ICR renewal, as well as for those submitted in response to the first Federal Register notice. In this case, no comments were received.


3(d) Effects of Less-Frequent Collection


Less-frequent information collection would decrease the margin of assurance that facilities are continuing to meet these standards. Requirements for information gathering and recordkeeping are useful techniques to ensure that good operation and maintenance practices are applied and emission limitations are met. If the information required by these standards was collected less-frequently, the proper operation and maintenance of control equipment and the possibility of detecting violations would be less likely.


3(e) General Guidelines


These reporting or recordkeeping requirements do not violate any of the regulations promulgated by OMB under 5 CFR Part 1320, Section 1320.5.


3(f) Confidentiality


Any information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to the Agency policies set forth in Title 40, chapter 1, part 2, subpart B - Confidentiality of Business Information (CBI) (see 40 CFR 2; 41 FR 36902, September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43 FR 42251, September 20, 1978; 44 FR 17674, March 23, 1979).


3(g) Sensitive Questions


The reporting or recordkeeping requirements in these standards do not include sensitive questions.


4. The Respondents and the Information Requested


4(a) Respondents/SIC Codes


The respondents to the recordkeeping and reporting requirements are owners and operators of coal preparation and processing plants. The United States Standard Industrial Classification (SIC) codes for the respondents affected by these standards and the corresponding North American Industry Classification System (NAICS) codes are listed below for this source category:



Standard (40 CFR Part 60, Subpart Y)


SIC Codes


NAICS Codes

Bituminous Coal and Lignite Surface Mining

1221

212111

Bituminous Coal Underground Mining

1222

212112

Fossil Fuel Electric Power Generation

4911, 4931, 4939

221112

American Indian and Alaska Native Tribal Governments

8641

921150

Anthracite Mining

1231

212113

Support Activities for Coal Mining

1241

213113

Paper (except Newsprint) Mills

2611, 2621

322121

Petrochemical Manufacturing

2865, 2869

325110

All Other Petroleum and Coal Products Manufacturing

2999, 3312

324199

Cement Manufacturing

3241

327310

Iron and Steel Mills

3312

331110

4(b) Information Requested


(i) Data Items


In this ICR, all the data that are recorded or reported is required by the NSPS for Coal Preparation and Processing Plants (40 CFR Part 60, Subpart Y).


A source must make the following reports:



Notifications

Notification of date of construction or reconstruction

§60.7(a)(1)

Notification of actual date of initial startup

§60.7(a)(3)

Notification of physical and operation changes which may increase emission rates

§60.7(a)(4)

Notification of date in which continuous monitoring system performance will be demonstrated

§60.7(a)(5), §60.13(c)

Notification of date in which opacity observations will be conducted

§60.7(a)(6), §60.11(e)(1)

Notification of performance

§60.8(d)

Fugitive Coal Dust Emissions Plan

§60.254(c)

Bag Leak Detection System Site-Specific Plan

§60.256(c)



Reports

Semiannual excess emissions reports

§60.7(c), §60.258(b)

Results of initial performance tests

§60.258(c)

Performance test reports (electronic submission)

§60.258(d)

A source must keep the following records:



Recordkeeping

Records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility

§60.7(b)

Records of all measurements, performance evaluations, calibration checks, adjustments, and maintenance (retained for two (2) years)

§60.7(f)

Records of ongoing monitoring

§60.7(f)

Maintain a written or electronic logbook

§60.258(a)


Electronic Reporting


Some of the respondents are using monitoring equipment that automatically records parameter data. Although personnel at the affected facility must still evaluate the data, internal automation has significantly reduced the burden associated with monitoring and recordkeeping at a plant site.


The rule was amended to include electronic reporting provisions on October 8, 2009. Respondents are required to use the EPA’s Electronic Reporting Tool (ERT) to develop performance test reports and submit them through the EPA’s Compliance and Emissions Data Reporting Interface (CEDRI), which can be accessed through the EPA’s Central Data Exchange (CDX) (https://cdx.epa.gov/). The ERT is an application, rather than a form, and the requirement to use the ERT is applicable to numerous subparts. The splash screen of the ERT contains a link to the Paperwork Reduction Act (PRA) requirements, such as the OMB Control Number, expiration date, and burden estimate for this and other subparts.


Electronic copies of records may also be maintained in order to satisfy Federal recordkeeping requirements. For additional information on the Paperwork Reduction Act requirements for CEDRI and ERT for this rule, see: https://www.epa.gov/electronic-reporting-air-emissions/paperwork-reduction-act-pra-cedri-and-ert.


(ii) Respondent Activities


Respondent Activities

Familiarization with the regulatory requirements.

Install, calibrate, maintain, and operate CMS for opacity, or for temperature, pH, pressure drop and liquid supply pressure for baghouses, wet scrubbers, filters, or other control devices.

Perform initial performance test, EPA Method 1, 2, 3, 4, 5, 6, 7, 9, 10, and 17, and repeat performance tests if necessary.

Write the notifications and reports listed above.

Enter information required to be recorded above.

Submit the required reports developing, acquiring, installing, and utilizing technology and systems for collecting, validating, and verifying information.

Develop, acquire, install, and utilize technology and systems for processing and maintaining information.

Develop, acquire, install, and utilize technology and systems for disclosing and providing information.

Train personnel to be able to respond to a collection of information.

Transmit, or otherwise disclose the information.


5. The Information Collected: Agency Activities, Collection Methodology, and Information Management


5(a) Agency Activities


The EPA conducts the following activities in connection with the acquisition, analysis, storage, and distribution of the required information:


Agency Activities

Review notifications and reports, including performance test reports, and excess emissions reports, required to be submitted by industry.

Audit facility records.

Input, analyze, and maintain data in the Enforcement and Compliance History Online (ECHO) and ICIS.


5(b) Collection Methodology and Management


Following notification of startup, the reviewing authority could inspect the source to determine whether the pollution control devices are properly installed and operated. Performance test reports are used by the Agency to discern a source’s initial capability to comply with these emission standards and note the operating conditions under which compliance was achieved. Data and records maintained by the respondents are tabulated and published for use in compliance and enforcement programs. The semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations.


Information contained in the reports is reported by state and local governments in the ICIS Air database, which is operated and maintained by EPA's Office of Compliance. ICIS is EPA’s database for the collection, maintenance, and retrieval of compliance data for industrial and government-owned facilities. The EPA uses ICIS for tracking air pollution compliance and enforcement by local and state regulatory agencies, EPA regional offices, and EPA headquarters. The EPA and its delegated Authorities can edit, store, retrieve and analyze the data.


The records required by this regulation must be retained by the owner/operator for two years.


5(c) Small Entity Flexibility


There are no small entities (i.e., small businesses) affected by this regulation. The majority of the respondents are large entities (i.e., large businesses). However, the impact on small entities (i.e., small businesses) was taken into consideration during the development of these regulations. Due to technical considerations involving the process operations and the types of control equipment employed, the recordkeeping and reporting requirements are the same for both small and large entities. The Agency considers these to be the minimum requirements needed to ensure compliance and, therefore, cannot reduce them further for small entities. To the extent that larger businesses can use economies of scale to reduce their burden, the overall burden will be reduced.


5(d) Collection Schedule


The specific frequency for each information collection activity within this request is shown at the end of this document in Table 1: Annual Respondent Burden and Cost – NSPS for Coal Preparation and Processing Plants (40 CFR Part 60, Subpart Y) (Renewal).

6. Estimating the Burden and Cost of the Collection


Table 1 documents the computation of individual burdens for the recordkeeping and reporting requirements applicable to the industry for the subpart included in this ICR. The individual burdens are expressed under standardized headings believed to be consistent with the concept of ‘Burden’ under the Paperwork Reduction Act. Where appropriate, specific tasks and major assumptions have been identified. Responses to this information collection are mandatory.


The Agency may neither conduct nor sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB Control Number.


6(a) Estimating Respondent Burden


The average annual burden to industry over the next three years from these record-keeping and reporting requirements is estimated to be 22,300 hours (Total Labor Hours from Table 1 below). These hours are based on Agency studies and background documents from the development of these regulations, Agency knowledge and experience with the NSPS program, the previously-approved ICR, and any comments received.


6(b) Estimating Respondent Costs


(i) Estimating Labor Costs

This ICR uses the following labor rates:


Managerial $153.55 ($73.12 + 110%)

Technical $122.20 ($58.19 + 110%)

Clerical $61.51 ($29.29 + 110%)


These rates are from the United States Department of Labor, Bureau of Labor Statistics, March 2021, “Table 2. Civilian Workers, by occupational and industry group.” The rates are from column 1, “Total compensation.” The rates have been increased by 110 percent to account for the benefit packages available to those employed by private industry.


(ii) Estimating Capital/Startup and Operation and Maintenance Costs


The type of industry costs associated with the information collection activities in the subject standard(s) are both labor costs, which are addressed elsewhere in this ICR, and the costs associated with continuous monitoring. The capital/startup costs are one-time costs when a facility becomes subject to these regulations. The annual operation and maintenance costs are the ongoing costs to maintain the monitor(s) and other costs such as photocopying and postage.


(iii) Capital/Startup vs. Operation and Maintenance (O&M) Costs




Capital/Startup vs. Operation and Maintenance (O&M) Costs


(A)

Continuous Monitoring Device


(B)

Capital/Startup Cost for One Respondent


(C)

Number of New Respondents1


(D)

Total Capital/Startup Cost, (B X C)


(E)

Annual O&M Costs for One Respondent


(F)

Number of Respondents with O&M


(G)

Total O&M,

(E X F)

Bag leak detection systems 2

$48,180

0

$0

NA

NA

NA

Method 5 test 3

$7,000

0

$0

NA

NA

NA

Method 9 test 3

$1,300

0

$0

NA

NA

NA

Purchase supplies 4

NA

NA

NA

$2,735

29

$79,315

TOTAL5



$0



$79,300

1 EPA assumes that all new coal preparation and process plants consist of coal processing and conveying equipment, coal storage systems, coal transfer and loading systems, and open storage piles. The estimates are based on conservative control implementation assumption that all affected respondents will choose to use enclosures vented to fabric filters to comply with the rule. In actuality many respondents are expected to choose alternative controls allowed under the rule, such as fogging systems, wet suppression, and passive enclosure containment system (PECS) that do not require Method 5 performance testing.

2 The capital cost associated with procurement and installation of bag leak detection systems for the fabric filters was annualized assuming a 7 percent interest rate and 10-year life (i.e., capital recovery factor of 0.1424).

3 Both Method 5 and Method 9 testing are usually conducted by a contractor.

4 The annual costs associated with the purchase of monitoring, recordkeeping, and reporting supplies is estimated to be $2,735 per facility. These costs are assumed to only apply to facilities subject to the 2009 final rule amendment (i.e. facilities constructed, reconstructed, or modified after April 28, 2008).

5 Totals have been rounded to 3 significant figures. Figures may not add exactly due to rounding.


The total capital/startup costs for this ICR are $0. This is the total of column D in the above table.


The total operation and maintenance (O&M) costs for this ICR are $79,300. This is the total of column G.


The average annual cost for capital/startup and operation and maintenance costs to this industry over the next three years of the ICR is estimated to be $79,300. These are the record-keeping costs.


6(c) Estimating Agency Burden and Cost


The only costs to the Agency are those costs associated with analysis of the reported information. The EPA's overall compliance and enforcement program includes such activities as the examination of records maintained by the respondents, periodic inspection of sources of emissions, and the publication and distribution of collected information.

The average annual Agency cost during the three years of the ICR is estimated to be $257,000.


This cost is based on the average hourly labor rate as follows:


Managerial $69.04 (GS-13, Step 5, $43.15 + 60%)

Technical $51.23 (GS-12, Step 1, $32.02 + 60%)

Clerical $27.73 (GS-6, Step 3, $17.33 + 60%)


These rates are from the Office of Personnel Management (OPM), 2021 General Schedule, which excludes locality rates of pay. The rates have been increased by 60 percent to account for the benefit packages available to government employees. Details upon which this estimate is based appear at the end of this document in Table 2: Average Annual EPA Burden and Cost – NSPS for Coal Preparation and Production and Processing Plants (40 CFR Part 60, Subpart Y) (Renewal).


6(d) Estimating the Respondent Universe and Total Burden and Costs


Based on our research for this ICR, on average over the next three years, approximately 377 existing respondents will be subject to these standards. It is estimated that no additional respondents per year will become subject to these same standards. The overall average number of respondents, as shown in the table below, is 377 per year.


The number of respondents is calculated using the following table that addresses the three years covered by this ICR.



Number of Respondents




Respondents That Submit Reports


Respondents That Do Not Submit Any Reports





Year


(A)

Number of New Respondents 1


(B)

Number of Existing Respondents


(C)

Number of Existing Respondents that keep records but do not submit reports


(D)

Number of Existing Respondents That Are Also New Respondents


(E)

Number of Respondents

(E=A+B+C-D)

1

0

377

0

0

377

2

0

377

0

0

377

3

0

377

0

0

377

Average

0

377

0

0

377

1 New respondents include sources with constructed, reconstructed and modified affected facilities.


Column D is subtracted to avoid double-counting respondents. As shown above, the average Number of Respondents over the three-year period of this ICR is 377.


The total number of annual responses per year is calculated using the following table:



Total Annual Responses


(A)


Information Collection Activity


(B)


Number of Respondents


(C)


Number of Responses


(D)

Number of Existing Respondents That Keep Records But Do Not Submit Reports


(E)

Total Annual Responses

E=(BxC)+D

Notification of construction/ reconstruction commencement

0

1

0

0

Notification of actual startup

0

1

0

0

Notification of initial performance tests except coal dump trucks

0

8

0

0

Notification of initial performance test for coal truck dumps

0

1

0

0

Notification of repeat performance test except coal truck dumps

29

1

0

29

Notification of repeat performance test for coal truck dumps

4

0.2

0

0.8

Notification of physical or operational change

0

1

0

0

Performance test reports except coal truck dumps

29

7

0

203

Performance test reports for coal truck dumps

4

0.2

0

0.8

Semiannual Excess Emissions Report

377

2

0

754




Total

988


The number of Total Annual Responses is 988 (rounded).


The total annual labor costs are $2,640,000. Details regarding these estimates may be found at the end of this document in Table 1: Annual Respondent Burden and Cost – NSPS for Coal Preparation and Processing Plants (40 CFR Part 60, Subpart Y) (Renewal).


6(e) Bottom Line Burden Hours and Cost Tables


The detailed bottom line burden hours and cost calculations for the respondents and the Agency are shown in Tables 1 and 2 at the end of this document, respectively, and summarized below.

(i) Respondent Tally


The total annual labor hours are 22,300 hours. Details regarding these estimates may be found in Table 1: Annual Respondent Burden and Cost – NSPS for Coal Preparation and Processing Plants (40 CFR Part 60, Subpart Y) (Renewal).


We assume that burdens for managerial tasks take 5% of the time required for technical tasks because the typical tasks for managers are to review and approve reports. Clerical burdens are assumed to take 10% of the time required for technical tasks because the typical duties of clerical staff are to proofread the reports, make copies and maintain records.


Furthermore, the annual public reporting and recordkeeping burden for this collection of information is estimated to average 23 hours per response.


The total annual capital/startup and O&M costs to the regulated entity are $79,300. The cost calculations are detailed in Section 6(b)(iii), Capital/Startup vs. Operation and Maintenance (O&M) Costs.


(ii) The Agency Tally


The average annual Agency burden and cost over next three years is estimated to be 5,150 labor hours at a cost of $257,000; see below in Table 2: Average Annual EPA Burden and Cost – NSPS for Coal Preparation and Processing Plants (40 CFR Part 60, Subpart Y) (Renewal).


We assume that burdens for managerial tasks take 5% of the time required for technical tasks because the typical tasks for managers are to review and approve reports. Clerical burdens are assumed to take 10% of the time required for technical tasks because the typical duties of clerical staff are to proofread the reports, make copies and maintain records.


6(f) Reasons for Change in Burden


There is an adjustment decrease in the total estimated burden as currently identified in the OMB Inventory of Approved Burdens; this decrease is not due to any program changes. The decrease in burden is due to more accurate estimates of existing sources, based on information gathered by EPA and confirmed by industry. The burden in this ICR reflects a decrease in the number of coal mines across the industry and a number of coal plants being either shut down or converted to natural gas. The decrease in the number or respondents also results in a decrease in responses. The operation and maintenance costs have increased from the previous ICR due to an incorrect entry of information in the previous ICR. Finally, this ICR corrects the number of occurrences of repeat performance tests for Method 5 and Method 9 per respondent per year from the previous ICR. However, the overall burden still decreased.


6(g) Burden Statement


The annual public reporting and recordkeeping burden for this collection of information is estimated to average 23 hours per response. ‘Burden’ means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information either to or for a federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.


An agency may neither conduct nor sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB Control Number. The OMB Control Numbers for EPA regulations are listed at 40 CFR Part 9 and 48 CFR Chapter 15.


To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number EPA-HQ-OAR-2020-0659. An electronic version of the public docket is available at http://www.regulations.gov/, which may be used to obtain a copy of the draft collection of information, submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the public docket that are available electronically. When in the system, select “search,” then key in the docket ID number identified in this document. The documents are also available for public viewing at the Enforcement and Compliance Docket and Information Center in the EPA Docket Center (EPA/DC), WJC West, Room 3334, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. Due to COVID-19 precautions, entry to the Reading Room is available by appointment only. Please contact personnel in the Reading Room to schedule an appointment. The telephone number for the Reading Room is (202) 566-1744, and the telephone number for the docket center is (202) 566-1752. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number EPA-HQ-OAR-2020-0659 and OMB Control Number 2060-0122 in any correspondence.


Part B of the Supporting Statement

This part is not applicable because no statistical methods were used in collecting this information.

Table 1: Annual Respondent Burden and Cost – NSPS for Coal Preparation and Processing Plants (40 CFR Part 60, Subpart Y) (Renewal)

Burden Item

(A)
Hours per Occurrence

(B)
Occurrence per Respondent per Year

(C)
Hours per Respondent per Year
(C=AxB)

(D)
Respondents per Year
a

(E)
Technical Hours per Year
(E=CxD)

(F)
Managerial Hours per Year
(F=Ex0.05)

(G)
Clerical Hours per Year
(G=Ex0.1)

(H)
Cost, ($)
b

1. Applications

N/A

 

 

 

 

 

 

 

2. Survey and studies

N/A

 

 

 

 

 

 

 

3. Report Requirements

 

 

 

 

 

 

 

 

A. Familiarization with Regulatory Requirements c

2

1

2

377

754

37.7

75.4

$102,565.49

B. Required Activities

 

 

 

 

 

 

 

 

a. Initial Performance Testsi

 

 

 

 

 

 

 

 

Supervise Method 5 stack test performed by contractor service

8

1

8

0

0

0

0

$0

Supervise Method 9 opacity test performed by contractor service (except coal truck dumps)

2

1

2

0

0

0

0

$0

Supervise quarterly Method 9 opacity test performed by contractor service

4

1

4

0

0

0

0

$0

b. Repeat Performance Tests

 

 

 

 

 

 

 

 

Supervise Method 5 stack test performed by contractor service d

 

 

 

 

 

 

 

 

12-Month Testing

8

1

8

14.5

116

5.8

11.6

$15,779

24-Month Testing

8

0.50

4

14.5

58

3

6

$7,890

Supervise Method 9 opacity test performed by contractor service (except coal truck dumps) d, e

2

1

2

14.5

29

1.45

2.9

$3,945

Supervise quarterly Method 9 opacity test performed by contractor service d,e

4

4

16

14.5

232

11.6

23.2

$31,559

Supervise Method 9 opacity test performed by contractor service (coal truck dumps) f

2

0.20

0.4

4

1.6

0.08

0.16

$218

c. Compliance Monitoring and Inspection

 

 

 

 

 

 

 

 

Daily plant walkthrough visual observation of affected facilities for visible emissions d

1

350

350

14.5

5,075

253.75

507.5

$690,344.64

Monthly visual inspection of control equipment used for
affected facilities subject to opacity standards
d

1

36

36

14.5

522

26.1

52.2

$71,006.88

Coal handling affected facilities using fabric filter - inspect bag leak detectors (BLD) d

0.25

175

43.75

29

1,269

63.4375

126.875

$172,586.16

d. Site-specific Emission Control Plansi

 

 

 

 

 

 

 

 

Prepare "Fugitive Emission Control Plan"

40

1

40

0

0

0

0

$0

Prepare "BLD Monitoring Plan"

40

1

40

0

0

0

0

$0

e. Site-specific Emission Controls Operation Logbooki

 

 

 

 

 

 

 

 

Prepare logbook

8

1

8

0

0

0

0

$0

Record required emission control equipment operating and maintenance data

0.5

350

175

0

0

0

0

$0

C. Create Information

See 3B

 

 

 

 

 

 

 

D. Gather Existing Information

See 3E

 

 

 

 

 

 

 

E. Write Report

 

 

 

 

 

 

 

 

a. Notificationsi

 

 

 

 

 

 

 

 

Notification of construction/reconstruction commencement

2

1

2

0

0

0

0

$0

Notification of actual startup

2

1

2

0

0

0

0

$0

Notification of initial performance tests except coal dump trucks

2

8

16

0

0

0

0

$0

Notification of initial performance test for coal truck dumps

2

1

2

0

0

0

0

$0

Notification of repeat performance test except coal truck dumps

1

1

1

29

29

1.45

2.9

$3,945

Notification of repeat performance test for coal truck dumps

1

0.20

0.2

4

0.8

0.04

0.08

$109

Notification of physical or operational change

2

1

2

0

0

0

0

$0

b. Reports

 

 

 

 

 

 

 

 

Performance test reports except coal truck dumps (review
and transmit report prepared by test contractor)

4

6.5

26

29

754

38

75

$102,565

Performance test reports for coal truck dumps (review and transmit report prepared by test contractor)

2

0.2

0.4

4

1.6

0.08

0.16

$218

Semiannual excess emissions report h

8

2

16

377

6,032

301.6

603.2

$820,523.91

Subtotal for Reporting Requirements

 

 

 

 

17,105

$2,023,254

4. RECORDKEEPING REQUIREMENTS

 

 

 

 

 

 

 

 

A. Familiarization with Regulatory Requirements

See 3A

 

 

 

 

 

 

 

B. Plan Activities

See 3B

 

 

 

 

 

 

 

C. Implement Activities

See 3B

 

 

 

 

 

 

 

D. Record Data

See 3B

 

 

 

 

 

 

 

E. Time to Transmit or Disclose Information

 

 

 

 

 

 

 

 

Electronically transmit data j

1

12

12

377

4,524

226.2

452.4

$615,392.93

F. Time to Train Personnel

 

 

 

 

 

 

 

 

Plant personnel walkthrough observation procedure g

8

3

24

0

0

0

0

$0

G. Time for Audits

N/A

 

 

 

 

 

 

 

Subtotal for Recordkeeping Requirements

 

 

 

 

5,203

$615,393

Total Annual Labor Burden and Costs (rounded) k

 

 

 

 

22,300

$2,640,000

Captial and O&M Costs (rounded)k

 

 

 

 

 

 

 

$79,300

Grand Total (rounded)k

 

 

 

 

 

 

 

$2,720,000










Assumptions:









a We have assumed that the average number of sources that will be subject to the standard will be 377. There will be no additional new source per year that will become subject to the rule over the three-year period of this ICR..

b This ICR uses the following labor rates: $153.55 per hour for Executive, Administrative, and Managerial labor; $122.20 per hour for Technical labor, and $61.51 per hour for Clerical labor. These rates are from the United States Department of Labor, Bureau of Labor Statistics, March 2021 "Table 2. Civilian Workers, by occupational and industry group." The rates are from column 1,"Total compensation." The rates have been increased by 110 percent to account for the benefit packages available to those employed by private industry.

c We assume all respondents will take 2 hours to familiarize with the regulatory requirements.




d These requirements only apply to sources subject to the 2009 final rule amendment, i.e. sources constructed, reconstructed, or modified after April 28, 2008. EPA assumes that on average over the period covered under this ICR, there are 29 sources subject to the final rule amendment. EPA also assumes that 50 percent of sources will have a performance test that demonstrates that emissions from the affected facility are greater than 50 percent of the applicable emissions standard and a new performance test must be conducted within 12 calendar months. EPA assumes the remaining 50% of these facilities will conduct a repeat performance test within 24 months of prior test.

e EPA assumes that 50 percent of sources subject to the 2009 final rule amendment will elect to perform daily walk-through visual emission observations for compliance monitoring, and 50 percent of sources elect to perform repeat Method 9 opacity testing for compliance monitoring.

f These requirements only apply to coal truck dump operations subject to the 2009 final rule amendments. We assume that there are 4 such applicable operations following the 2009 final rule.

g We have assumed that each new respondent will take eight hours three time per year to observe procedures.

h All new and existing sources are subject to semiannual reporting.

i Initial requirements only apply to new sources

j We have assumed that each respondent will take one hour once per month to transmit electronic data.

k Totals have been rounded to 3 significant figures. Figures may not add exactly due to rounding.



Table 2: Average Annual EPA Burden and Cost – NSPS for Coal Preparation and Processing Plants (40 CFR Part 60, Subpart Y) (Renewal)


Burden Item

(A)
EPA Hours per Occurrence

(B)
Occurrence per Plant per Year

(C)
EPA Hours per Plant per Year
(C=AxB)

(D)
Plants per Year
a

(E)
Technical Hours per Year
(E=CxD)

(F)
Managerial Hours per Year
(F=Ex0.05)

(G)
Clerical Hours per Year
(G=Ex0.1)

(H)
Cost, ($)
b

Notification Reviewc

 

 

 

 

 

 

 

 

Construction/reconstruction commencement notifications

1

1

1

0

0

0

0

$0

Actual startup notifications

1

1

1

0

0

0

0

$0

Performance test notifications

1

9

9

0

0

0

0

$0

Physical or Operational Change

1

1

1

0

0

0

0

$0

Site-Specific Emission Control Plan Reviewc

 

 

 

 

 

 

 

 

Review site-specific "Fugitive Emission Control Plan"

8

1

8

0

0

0

0

$0

Review site-specific "Bag Leak Detection Monitoring Plan"

8

1

8

0

0

0

0

$0

Compliance Demonstration Reports Review

 

 

 

 

 

 

 

 

Review performance test reports d

4

7

26.4

29

765.6

38.28

76.56

$43,988

Review semi-annual excess emissions reports e

4

2

8

377

3,016

150.8

301.6

$173,284.28

Coal Preparation Plant Site Visits

 

 

 

 

 

 

 

 

Observe Method 5 Performance Test

24

1

24

14.5

348

17.4

34.8

$19,994

Observe Method 9 Performance Test

24

1

24

14.5

348

17.4

34.8

$19,994

Total Annual Labor Burden and Costs (rounded) f

 

 

 

 

5,150

$257,000

Assumptions:









a We have assumed that the average number of sources that will be subject to the standard will be 377. There will be zero additional new source per year that will become subject to the rule over the three-year period of this ICR. We also assume that 29 sources will be subject to post-2009 requirements and 50% of those will perform Method 5 and Method 9 performance tests.

b This ICR uses the following labor rates: Managerial $69.04 (GS-13, Step 5, $43.15 + 60%); Technical $51.23 (GS-12, Step 1, $32.02 + 60%); and Clerical $27.73 (GS-6, Step 3, $17.33 + 60%). These rates are from the Office of Personnel Management (OPM), 2021 General Schedule, which excludes locality, rates of pay. The rates have been increased by 60 percent to account for the benefit packages available to government employees.

c Initial requirements only apply to new sources.









d We have assumed that 29 sources subject to the 2009 final rule are conducting repeat performance tests.





e We have assumed that all sources are subject to semiannual excess emissions reporting.






f Totals have been rounded to 3 significant figures. Figures may not add exactly due to rounding.







12


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File TitleICR Package Instructions
Authorrmarshal
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File Created2022-03-28

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