2098ss10

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

OMB: 2060-0536

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SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

NESHAP for Primary Magnesium Refining (40 CFR Part 63, Subpart TTTTT) (Renewal)


1. Identification of the Information Collection


1(a) Title of the Information Collection


NESHAP for Primary Magnesium Refining (40 CFR Part 63, Subpart TTTTT) (Renewal), EPA ICR Number 2098.10, OMB Control Number 2060-0536.


1(b) Short Characterization/Abstract


The National Emission Standards for Hazardous Air Pollutants (NESHAP) for Primary Magnesium Refining (40 CFR Part 63, Subpart TTTTT) were proposed on January 22, 2003; promulgated on October 10, 2003; and amended on April 20, 2006. These regulations apply to both existing and new facilities that perform primary magnesium refining where the total hazardous air pollutants (HAPs) emitted are greater than, or equal to, 10 tons per year for each HAP, or where the total HAPs emitted are greater than, or equal to, 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 TTTTT.


In general, all NESHAP 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 NESHAP.


Any owner/operator subject to the provisions of this part shall maintain a file containing these documents and retain the file for at least five years following the generation date of such maintenance reports and records. All reports are sent to the delegated state or local authority. If there is no such delegated authority, the reports are sent directly to the U.S. Environmental Protection Agency (EPA) regional office.


The “Affected Public” are owners or operators of primary magnesium refining facilities. The “burden” to the Affected Public may be found at the end of this document in Table 1: Annual Respondent Burden and Cost – NESHAP for Primary Magnesium Refining (40 CFR Part 63, Subpart TTTTT) (Renewal). The “burden” to the Federal Government is attributed entirely to work performed by either Federal employees or government contractors and may be found at the end of this document in Table 2: Average Annual EPA Burden and Cost – NESHAP for Primary Magnesium Refining (40 CFR Part 63, Subpart TTTTT) (Renewal). There is approximately one primary magnesium refining facility. None of the facilities in the United States are owned by either state, local, or 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 inquiries.

Based on our consultations with industry representatives, there are an average of one affected facilities 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 one respondent 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 112 of the Clean Air Act, as amended, to establish standards of performance for each category or subcategory of major sources and area sources of hazardous air pollutants. These standards are applicable to either new or existing sources of hazardous air pollutants and shall require the maximum degree of emission reduction. 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, HAP emissions from primary magnesium refining facilities either cause or contribute to air pollution that may reasonably be anticipated to endanger public health and/or welfare. Therefore, the NESHAP were promulgated for this source category at 40 CFR Part 63, Subpart TTTTT.


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 same 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 either the Agency or its 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, 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 electronic reporting for certain notifications or reports. The EPA is requiring that owners or operators of affected sources would submit electronic copies initial notifications required in 40 CFR 63.9(b) and 63.9(j) through the EPA's Central Data Exchange (CDX), using the Compliance and Emissions Data Reporting Interface (CEDRI). For the notifications required in 40 CFR 63.9(b) and 63.9(j), owners and operators would be required to upload a PDF of the required notifications.


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


The requested recordkeeping and reporting are required under 40 CFR Part 40 CFR Part 63, Subpart TTTTT.


3(a) Non-duplication


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 similar 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 19256) on April 13, 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. One respondent will be subject to these standards over the three-year period covered by this ICR.


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 US Magnesium, at (801) 532-2043, and the American Foundry Society, at (800) 537-4237.


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, we received comments from Rob Hartman of US Magnesium. The comments provided included: 1) revisions to the supporting statement to reflect the existence of a single primary magnesium facility in the U.S. and to clarify that there are no existing small entities subject to this NESHAP; 2) comments reflecting that the initial capital costs for CPMS for new facilities would be higher than the $16,000 estimated; and 3) comments to reflect that the facility conducts performance tests more frequently than once every three years. The commenter stated that performance testing is conducted annually for the emissions units affected by the subpart. The commenter also provided comments related to the proposed rulemaking regarding submission of electronic reports. To address these comments, we have incorporated comments regarding the existence of a single facility and to address that there are no small entities covered by this subpart. Because the commenter did not provide specific updated capital costs for CPMS and because there are no new facilities anticipated for this subpart in the three-year period covered by this ICR, we have not updated the capital costs for CPMS. We have adjusted the performance testing costs to reflect that the facility conducts separate performance tests for individual units during the term of the ICR. The regulation, 40 CFR 63.9912, requires performance testing no less frequently than twice (at mid-term and renewal) of each term of the Title V permit, or every 2.5 years, for each emission point. For the U.S. Magnesium facility subject to this rule, we have assumed that 4 emission units must be tested twice during the permit term, and that performance tests are conducted for approximately two emission units in each year in the three-year period of this ICR. We assume that 20% of tests will need to be repeated. (4 units x 2 tests / 5 years = 1.6 units per year, 1.6 units x 0.20 = 0.32 units with repeat testing, 1.6 + 0.32 = 1.92 units tested per year or 2 units per year.) These revised costs are reflected in Table 1 of this document. Regarding the comments related to the proposed rulemaking, we have not incorporated any changes into this renewal as the proposed requirements have not been finalized. The ‘burden’ for the final rulemaking will be accounted for at publication of the final rule.


3(d) Effects of Less-Frequent Collection


Less-frequent information collection would decrease the margin of assurance that this facility is 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.


These standards require the respondent to maintain all records, including reports and notifications for at least five years. This is consistent with the General Provisions as applied to these standards. The EPA believes that the five-year records retention requirement is consistent with the Part 70 permit program and the five-year statute of limitations on which the permit program is based. The retention of records for five years allows EPA to establish the compliance history of a source, any pattern of non-compliance, and to determine the appropriate level of enforcement action. The EPA has found that the most flagrant violators have violations extending beyond five years. In addition, EPA would be prevented from pursuing the violators due to either the destruction or nonexistence of essential records.


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 respondent to the recordkeeping and reporting requirements is the sole primary magnesium refiner in the United States. The United States Standard Industrial Classification (SIC) code for the respondents affected by the standards is SIC 3339, which corresponds to the North American Industry Classification System (NAICS) 331410 for Nonferrous Metal (except Aluminum) Smelting and Refining.


4(b) Information Requested


(i) Data Items


In this ICR, all the data that are recorded or reported is required by the NESHAP for Primary Magnesium Refining (40 CFR Part 63, Subpart TTTTT).


A source must make the following reports:



Notifications

Initial notification

§§63.9930(a), 63.9(b)

Notification of compliance status

§§63.9930(e), 63.9(h)

Notification of construction or reconstruction

§§63.9930(a), 63.5(b)(4), 63.9(b)(5)

Notification of actual startup

§§63.9930(a), 63.9(b)(4)(v), 63.9(b)(5)(ii)

Notification of performance test

§§63.9930(d), 63.7(b), 63.8(e), 63.9(e)


Notification of reclassification to area source status or to revert back to major source status (electronic submission)


§§63.9(b), 63.9(j)



Reports

Semiannual report

§§63.9931(a), (b)

Report of performance test

§63.9930(e)

Immediate startup, shutdown, malfunction report

§63.9931(c), §63.10(d)(5)

A source must keep the following records:



Recordkeeping

Retention of records for five years

§§63.9933(b), 63.10(b)

Copies of notifications and reports

§63.9932(a)(1)

Startup, shutdown, and malfunction plan/records

§§63.9932(a)(2), 63.6(e)(iii)-(v)

Documentation of performance tests and opacity observations

§§63.9932(a)(3), 63.10(b)(2)(viii)

Records required to demonstrate continuous compliance

§63.9932(b)


Electronic Reporting


The respondent is 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 recently amended to include additional electronic reporting provisions on November 19, 2020. Respondents are required to use the EPA’s CEDRI to submit notification in the event of reclassification to area source status and to sources that revert back to major source status. The notification is a one-time notification already required in 40 CFR 63.9(j) in the case where the facility is notifying of a change in major source status and is an upload of the currently-required notification in portable document format (PDF) file. For purposes of this ICR, it is assumed that there is no additional burden associated with the requirement for respondents to submit the notifications and reports electronically. 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 CPMS for pressure drop and liquid supply pressure for wet scrubber.


Perform initial performance test, Reference Method 1, 2, 2F, 2G, 3, 3A, 3B, 4, 5, 5D, 18, 23, 25D, 26, 26A, 201, 201A, 301, 303, 303A, 304, 304A, 304B, 305, 306, 306A, 306B, 307, 308, 310A, 310B, 310C, 311, 312A, 312B, 312C, 313A, 313B, 315, 316, 318, 319, 320, or 321 tests, 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.


Familiarization with the regulatory requirements.


Install, calibrate, maintain, and operate CPMS for pressure drop and liquid supply pressure for wet scrubber.


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 the emission standard, and to 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 the 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 five years.


5(c) Small Entity Flexibility


There are no small entities (e.g., small businesses) affected by this regulation.


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 – NESHAP for Primary Magnesium Refining (40 CFR Part 63, Subpart TTTTT) (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 972 hours (Total Labor Hours from Table 1 below). These hours are based on Agency studies and background documents from the development of the regulation, Agency knowledge and experience with the NESHAP 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 Respondents


(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)

CPMS

$16,000

0

$0

$1,200

1

$1,200



Total

$0


Total

$1,200

Note: 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 $1,200. This is the total of column G.


The average annual cost for capital/startup and operation and maintenance costs to industry over the next three years of the ICR is estimated to be $1,200. 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 $4,680.


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 Federal 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 – NESHAP for Primary Magnesium Refining (40 CFR Part 63, Subpart TTTTT) (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, one existing respondent 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 one 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

1

0

0

1

2

0

1

0

0

1

3

0

1

0

0

1

Average

0

1

0

0

1

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 one.


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

Initial notification

0

1

0

0

Notification of compliance status

1

1

0

1

Notification of construction/ reconstruction

0

1

0

0

Notification of actual startup

0

1

0

0

Notification of performance test a

1

2

0

2

Report of performance test a

1

2

0

2

Semiannual report

1

2

0

2

Startup, shutdown, malfunction report

1

1

0

1








Total

8

a 40 CFR 63.9912 requires performance testing no less frequently than twice (at mid-term and renewal) of each term of the Title V permit, or every 2.5 years, for each emission point. For the U.S. Magnesium facility subject to this rule, we have assumed that 4 emission units must be tested twice during the permit term, and that performance tests are conducted for approximately two emission units in each year in the three year period of this ICR. We assume that 20% of tests will need to be repeated. (4 units x 2 tests / 5 years = 1.6 units per year, 1.6 units x 0.20 = 0.32 units with repeat testing, 1.6 + 0.32 = 1.92 or 2 units per year.)


The number of Total Annual Responses is 8 (rounded).


The total annual labor costs are $116,000. Details regarding these estimates may be found at the end of this document in Table 1: Annual Respondent Burden and Cost – NESHAP for Primary Magnesium Refining (40 CFR Part 63, Subpart TTTTT) (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 972 hours. Details regarding these estimates may be found below in Table 1: Annual Respondent Burden and Cost – NESHAP for Primary Magnesium Refining (40 CFR Part 63, Subpart TTTTT) (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 121 hours per response.


The total annual capital/startup and O&M costs to the regulated entity are $1,200. 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 92 labor hours at a cost of $4,680; see below in Table 2: Average Annual EPA Burden and Cost – NESHAP for Primary Magnesium Refining (40 CFR Part 63, Subpart TTTTT) (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 increase in the total estimated burden as currently identified in the OMB Inventory of Approved Burdens. This increase is not due to any program changes. The burden in this ICR has been adjusted to account for more accurate estimates for performance testing costs based on consultations with industry. The previous ICR assumed that a single performance test was conducted once every three years by the affected facility. This ICR adjusts the performance testing costs to reflect that the facility conducts separate performance tests for individual units during the term of the ICR. The regulation, 40 CFR 63.9912, requires performance testing no less frequently than twice (at mid-term and renewal) of each term of the Title V permit, or every 2.5 years, for each emission point. For the facility subject to this rule, we have clarified that multiple emission points must be tested twice during the Title V permit term, with approximately 20 percent of units anticipated to require a re-test. This ICR therefore assumes that performance tests are conducted for approximately two emission units in each year during the three-year period of this ICR. Therefore, labor costs have been adjusted to account for submission of notification and reports for performance tests twice annually. This change also results in an increase in the number of responses. There are no changes to the capital/startup and/or operation and maintenance costs.


6(g) Burden Statement


The annual public reporting and recordkeeping burden for this collection of information is estimated to average 121 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, the EPA has established a public docket for this ICR under Docket ID Number EPA-HQ-OAR-2021-0120. 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-2021-0120 and OMB Control Number 2060-0536 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 – NESHAP/NSPS for ICR Title (40 CFR Part X, Subpart Y) (Renewal)


Burden Item

(A)
Person hours per occurrence

(B)
Number of occurrences per year

(C)
Person hours per respondent per year
(C=AxB)

(D)
Respondents per year
a

(E)
Technical person hours per year
(E=CxD)

(F)
Management person hours per year
(F=Ex0.05)

(G)
Clerical person hours per year
(G=Ex0.1)

(H)
Annual costs ($)
b

1. Reporting requirements

 

 

 

 

 

 

 

 

a. Familiarize with regulatory requirements

4

1

4

1

4

0.2

0.4

$544.11

b. Process/review information

4

4

16

1

16

0.8

1.6

$2,176.46

c. Write reports

 

 

 

 

 

 

 

 

i. Initial notification

2

1

2

0

0

0

0

$0

ii. Notification of compliance statusc

2

1

2

1

2

0.10

0.20

$272.06

iii. Notification of construction/reconstruction

2

1

2

0

0

0

0

$0

iv. Notification of actual startup

2

1

2

0

0

0

0

$0

v. Notification of performance test c

2

2

4

1

4

0.20

0.40

$544.11

vi. Report of performance test c, d

180

2

360

1

360

18

36

$48,970.26

vii. Semiannual report e

20

2

40

1

40

2

4

$5,441.14

viii. Startup, shutdown, malfunction report

4

1

4

1

4

0.2

0.4

$544.11

Subtotal for Reporting Requirements

 

 

 

 

495

$58,492

2. Recordkeeping requirements

 

 

 

 

 

 

 

 

a. Familiarize with regulatory requirements

4

1

4

1

4

0.2

0.4

$544.11

b. Plan activities

12

1

12

1

12

0.6

1.2

$1,632.34

c. Implement activities

12

1

12

1

12

0.6

1.2

$1,632.34

d. Time to train personnel

10

1

10

1

10

0.5

1

$1,360.29

e. Time to enter information

-

-

-

-

-

-

-

-

f. Store, file, and maintain records f

1

365

365

1

365

18.25

36.5

$49,650.40

g. Retrieve records/reports g

1

12

12

1

12

0.6

1.2

$1,632.34

Subtotal for Recordkeeping Requirements

 

 

 

 

477

$56,452

Total Labor Burden and Costs (rounded) h

 

 

 

 

972

$114,900

Total Capital and O&M Costs (rounded) h

 

 

 

 

 

 

 

$1,200

Grand Total (rounded) h

 

 

 

 

 

 

 

$116,000


Assumptions:

a There is one respondent subject to the rule, with no new sources expected over the next three years 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% to account for the benefit packages available to those employed by private industry.

c 40 CFR 63.9912 requires performance testing no less frequently than twice (at mid-term and renewal) of each term of the Title V permit, or every 2.5 years, for each emission point. For the US Magnesium facility subject to this rule, we have assumed that 4 emission units must be tested twice during the permit term, and that performance tests are conducted for approximately two emission units in each year in the three year period of this ICR. We assume that 20% of tests will need to be repeated. (4 units x 2 tests / 5 years = 1.6 units per year, 1.6 units x 0.20 = 0.32 units with repeat testing, 1.6 + 0.32 = 1.92 or 2 units per year.) This estimate is consistent with an estimate of $49,000 provided by the US Magnesium facility.

d We assume that this includes Method 23 test.

e We assumed that it will take the respondent 20 hours two times per year to complete semiannual reports.

f This includes inspection of unpaved areas.

g We assume that it will take 1 hour once per month to retrieve records/reports.

h Totals have been rounded to 3 significant figures. Figures may not add exactly due to rounding. Note that US Magnesium provided a slightly higher total burden estimate of $130,000, but did not provide additional specific costs to explain this difference.

Table 2: Average Annual EPA Burden and Cost – NESHAP/NSPS for ICR Title (40 CFR Part X, Subpart Y) (Renewal)


Burden Item

(A)
Person hours per occurrence

(B)
Number of occurrences per year

(C)
Person hours per respondent per year
(C=AxB)

(D)
Respondents per Year
a

(E)
Technical person hours per year
(E=CxD)

(F)
Management person hours per year
(F=Ex0.05)

(G)
Clerical person hours per year
(G=Ex0.1)

(H)
Annual costs ($)
b

1. Initial performance test c

24

1.6

38.4

0

0

0.00

0.00

$0.00

2. Repeat performance test c

24

0.32

7.68

0

0.00

0.00

0.00

$0.00

3. Report review

 

 

 

 

0

0

0

$0

a. Initial notification

8

1

8

0

0

0

0

$0

b. Notification of performance test c

8

2

16

1

16.00

0.80

1.60

$935.28

c. Notification of compliance status c

8

1

8

1

8

0.40

0.80

$467.64

d. Notification of construction/reconstruction

8

1

8

0

0

0

0

$0

e. Notification of actual startup

8

1

8

0

0

0

0

$0

f. Report of performance test c

8

2

16

1

16.00

0.80

1.60

$935.28

g. Semiannual report d

16

2

32

1

32

1.6

3.2

$1,870.56

h. Startup, shutdown, malfunction report e

8

1

8

1

8

0.4

0.8

$467.64

Total (rounded) f

 

 

 

 

92

$4,680


Assumptions:

a There is one respondent subject to this rule, with no new sources expected over the next three years of this ICR.

b This cost is based on the following labor rates which incorporates a 1.6 benefits multiplication factor to account for government overhead expenses: Managerial rate of $69.04 (GS-13, Step 5, $43.15 + 60%), Technical rate of $51.23 (GS-12, Step 1, $32.02 + 60%), and Clerical rate of $37.73 (GS-6, Step 3, $17.33 + 60%). These rates are from the Office of Personnel Management (OPM) “2020 General Schedule” which excludes locality rates of pay.

c 40 CFR 63.9912 requires a performance testing no less frequently than twice (at mid-term and renewal) of each term of the Title V permit, or every 2.5 years, for each emission point. For the US Magnesium facility subject to this rule, we have assumed that 4 emission units must be tested twice during the permit term, and that performance tests are conducted for approximately two emission units in each year in the three year period of this ICR. We assume that 20% of tests will need to be repeated. (4 units x 2 tests / 5 years = 1.6 units per year, 1.6 units x 0.20 = 0.32 units with repeat testing, 1.6 + 0.32 = 1.92 or 2 units per year.) We assume that Agency personnel only attend initial and repeat of initial performance tests.

d We have assumed that it would take 16 hours two times per year to review semiannual reports.

e We have assumed that it will take eight hours once per year to review the startup, shutdown, malfunction report.

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

File Typeapplication/vnd.openxmlformats-officedocument.wordprocessingml.document
File TitleICR Package Instructions
Authorrmarshal
File Modified0000-00-00
File Created2022-06-16

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