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Supplemental Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category (Proposed Rule)

OMB: 2040-0310

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INFORMATION COLLECTION REQUEST

SUPPORTING STATEMENT


SUPPLEMENTAL EFFLUENT LIMITATIONS GUIDELINES AND STANDARDS

FOR THE STEAM ELECTRIC POWER GENERATING POINT SOURCE CATEGORY

PROPOSED RULE




U.S. Environmental Protection Agency

Office of Water

Office of Science and Technology





February 2023


TABLE OF CONTENTS


Page


PART A OF THE SUPPORTING STATEMENT 1

1. Identification of the Information Collection 1

a. Title of the Information Collection 1

b. Short Characterization/Abstract 1

2. Need for and Use of the Collection 1

a. Need/Authority for the Collection 1

b. Practical Utility/Users of the Data 2

3. Non-Duplication, Consultations, and Other Collection Criteria 2

a. Non-Duplication 2

b. Public Notice Required Prior to ICR Submission to OMB 2

c. Consultations 2

d. Effects of Less Frequent Collection 2

e. General Guidelines 2

f. Confidentiality 3

g. Sensitive Questions 3

4. The Respondents and the Information Requested 3

a. Respondent NAICS Codes 3

b. Information Requested 3

i. Publicly Accessible Internet Site Requirements 3

ii. Requirements for Early Adopter Electric Generating Units 4

iii. Requirements for Units that will Achieve Permanent Cessation of Coal Combustion by December 31, 2028 5

iv. Requirements for Facilities Seeking Protections of 40 CFR part 423.18 6

v. Requirements for Facilities that will Voluntarily Meet the Limits in 423.13(g)(3)(i) 7

vi. Requirements for Facilities Seeking to Transfer Between Applicable Limitations in a Permit under 423.13(o) 7

vii. Notice of Material Delay 8

viii. Requirements for Facilities with Coal Combustion Residual Landfills or Surface Impoundments 8

5. The Information Collected – Agency Activities, Collection Methodology, and Information Management 10

a. Agency Activities 10

b. Collection Methodology and Management 11

c. Small Entity Flexibility 11

d. Collection Schedule 11

6. Estimating the Burden and Cost of the Collection 11

a. Estimating Respondent Burden 11

b. Estimating Respondent Costs 13

i. Estimating Labor Costs 13

ii. Estimating Capital and Operations and Maintenance (O&M) Costs 16

iii. Annualizing Capital Costs 16

c. Estimating Agency Burden and Costs 16

d. Estimating the Respondent Universe and Total Burden Costs 16

e. Bottom Line Burden Hours and Cost Tables 16

i. Respondent and Agency Burden Hours and Costs 16

ii. Variations in the Annual Bottom Line 16

f. Reasons for Change in Burden 17

g. Burden Statement 17


PART A OF THE SUPPORTING STATEMENT


1. Identification of the Information Collection

a. Title of the Information Collection

Supplemental Effluent Limitations Guidelines and Standards (ELGs) for the Steam Electric Power Generating Point Source Category; Proposed Rule (40 CFR Part 423). EPA ICR No. 2752.01. OMB No. 2040-NEW.


b. Short Characterization/Abstract

This Information Collection Request (ICR) seeks approval of the information requirements in the Proposed Rule for the Supplemental Steam Electric ELGs (Proposed rule). EPA is proposing revisions to Best Available Technology Economically Achievable (BAT) and Pretreatment Standards for Existing Sources (PSES) under the Clean Water Act (CWA) for discharges of pollutants in wastewater from steam electric power plants, including updated requirements for flue gas desulfurization (FGD) wastewater, bottom ash (BA) transport water, combustion residual leachate (CRL), and legacy wastewater.


The proposed rule would also revise subcategorization of the industry by adding one subcategory (for early adopters retiring by 2032), by retaining the permanent cessation of coal combustion subcategory, and by eliminating two subcategories (for high flow FGD wastewater facilities and for low utilization boilers with BA transport water). Certain power plants would still be required to file notices of planned participation (NOPPs) to qualify as early adopters retiring coal combustion, eligible for voluntary incentive plan (VIP) limits, or notice of any transition between subcategories of operations occurring at the plant. The proposed rule would also require plants compile and post an initial Leachate Groundwater Information Report (LGIR) in addition to an annual CRL monitoring report.


The proposed rule would also require plants to post all reporting and recordkeeping information on a publicly available website, including any NOPPs or other filings that have occurred since the 2020 revisions to the Steam Electric Power Generating ELGs (2020 rule). EPA is soliciting comment on whether web postings should be allowed on existing CCR compliance websites.


2. Need for and Use of the Collection

a. Need/Authority for the Collection

EPA is proposing this regulation under the authorities of sections 301, 304, 306, 307, 308, 402, and 501 of the Clean Water Act (CWA), 33 U.S.C. §§ 1251, 1311, 1314, 1316, 1317, 1318, 1342 and 1361 and pursuant to the Pollution Prevention Act of 1990, 42 U.S.C. § 13101 et seq.


b. Practical Utility/Users of the Data

The users of the data would be steam electric power plants, state and local regulatory authorities, EPA, and, perhaps most importantly, the general public.


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

a. Non-Duplication

The rule does not duplicate other information requirements. Steam electric power plants have already filed NOPPs under the 2020 rule. However, the proposed rule revises the requirements for subcategories and may trigger a filing requirement if a facility changes their desired compliance option. There are no public sources available from which a control authority or the general public would be able to obtain this information.


b. Public Notice Required Prior to ICR Submission to OMB

A summary of the information request burdens for the proposed rule is included in the Supplemental Effluent Limitations Guidelines and Standards for the Steam Electric Point Source Category Federal Register Notice.


c. Consultations

EPA met with or requested data from 12 steam electric power companies during the development of the Proposed rule. Power companies provided data on steam electric power generating processes, wastewater treatment technologies, and wastewater characteristics through three CWA 308 requests, nine voluntary requests, and other industry data provided during the 2022 proposed rulemaking process. EPA also met with four steam electric power companies to gather information on the changes to treatment and management of BA transport water, FGD wastewater, legacy, and CRL since the 2020 rule. EPA also consulted with the Department of Energy, environmental groups, and technology vendors.


d. Effects of Less Frequent Collection

Steam electric power plants were already required to file a one-time NOPPs under the 2020 rule. The submission date for those NOPPs have passed. However, if the requirements associated with the proposed rule alters the compliance approach for a plant, they may need to refile NOPPs associated with the new rule requirements.


Steam electric power plants are also already required to report the characteristics of their wastewater discharges to their permitting authority and to provide copies of any filings. The proposed rule would also require those data and filings to be posted on a publicly available website.


e. General Guidelines

The information collection requirements of the rule are in accordance with the Paperwork Reduction Act guidelines in 5 CFR 1320.5(d)(2).


f. Confidentiality

Reports submitted to the Control Authority may contain confidential business information. However, EPA does not consider the specific information being requested by the rule to be typical of confidential business or personal information. If a respondent does consider this information to be of a confidential nature, the respondent may request that such information be treated as such. All confidential data will be handled in accordance with 40 CFR 122.7, 40 CFR Part 2, and EPA's Security Manual Part III, Chapter 9, dated August 9, 1976.


g. Sensitive Questions

The Proposed rule does not require respondents to divulge information of a sensitive nature, such as private or personal information.


4. The Respondents and the Information Requested

a. Respondent NAICS Codes

The respondents affected by this information collection request are steam electric power plants. The North American Industry Classification System (NAICS) identification number applicable to respondents is 221112: Electric Power Generation Plants – Fossil Fuel Electric Power Generation. The U.S. Census Bureau describes this U.S. industry as establishments primarily engaged in operating fossil fuel powered electric power generation facilities. These facilities use fossil fuels, such as coal, oil, or gas, in internal combustion or combustion turbine conventional steam process to produce electric energy. The electric energy produced in these establishments is provided to electric power transmission systems or to electric power distribution systems.


b. Information Requested

The proposed rule would require all applicable steam electric power plants to control discharges of FGD wastewater, BA transport water, CRL, and legacy wastewater.


i. Publicly Accessible Internet Site Requirements

Section 423.19(c) requires that all reporting and recordkeeping information not only be retained by the regulated entity and provided to the permitting authority, but that it also be posted to a central webpage for public consumption. The permittee must maintain a publicly accessible internet site (ELG website) containing the information specified in 423.19 paragraphs (d)-(l). The owner or operator’s website must be titled “ELG Rule Compliance Data and Information.” When the facility initially creates, or later changes the web address (i.e., Uniform Resource Locator (URL)) at any point, they must notify EPA via the “contact us” form on EPA's Effluent Guidelines website and the permitting authority or control authority within 14 days of creating the website or making the change. The facility's ELG website must also have a “contact us” form or a specific email address posted on the website for the public to use to submit questions and issues relating to the availability of information on the website.


When an owner or operator subject to this section already maintains a “CCR Rule Compliance Data and Information” website pursuant to 257.107, the postings required under this section may be made to the existing “CCR Rule Compliance Data and Information” website and shall be delineated under a separate heading that shall state “ELG Rule Compliance Data and Information.” When electing to use an existing website pursuant to this paragraph, the facility shall notify EPA via the “contact us” form on EPA’s Effluent Guidelines website and the permitting authority or control authority no later than 30 days after publication of final rule.


When the permittee is subject to the provisions of 40 CFR Part 423.19(c) under multiple permits, the permittee may comply with the requirements of 40 CFR 423.19(c) by using the same internet site for multiple facilities provided the ELG website clearly delineates information by the name of each facility.


Unless otherwise required in 40 CFR 423.19, the information required to be posted to the ELG website must be made available to the public for at least ten years following the date on which the information was first posted to the ELG website.


Unless otherwise required in 40 CFR 423.19, the information must be posted to the ELG website within 30 days of submitting the information to the permitting authority or control authority.


Data Items

All reports, monitoring data, certifications, and notices required by the Proposed rule.


Respondent Activities

Place all Data Items required by 40 CFR 423.19 on the permittee’s ELG or CCR website.


ii. Requirements for Early Adopter Electric Generating Units

Section 423.19(e) requires sources seeking to qualify as early adopter electric generating units that will achieve permanent cessation of coal combustion by December 31, 2032, under this part, file a NOPP to the permitting authority or control authority, no later than 1 year after publication of the final rule, along with an annual progress report.

Data Items


  1. NOPP that includes:

  • Identification of the generating unit.

  • Statements that the unit generated FGD wastewater and/or BA transport water after October 13, 2020 and that the facility was in compliance with the 2020 FGD and BA transport rule requirements, with the following details:

    • Diagrams of the FGD wastewater treatment system and/or BA handling system that include a narrative of the system components, flows, description of solids generation, and measures of both flows and solids.

    • The date the treatment and/or handling system(s) were commissioned.

    • All effluent monitoring data from relevant outfall(s) or internal monitoring location(s).

    • Where applicable, data and calculations demonstrating compliance of the diluted FGD wastewater where monitoring data from the relevant outfall captures a diluted wastestream shall include a narrative discussion of all data, assumptions, and calculations such that an independent party could duplicate the work.

  • The expected date that the generating unit is projected to achieve permanent cessations of coal combustion (either by retirement or fuel conversion), whether that date has been approved by a regulatory body (and if yes, what regulatory body).

  • Copy of the most recent integrated resource plan for which the applicable state agency approved the retirement or repowering of the unit.

  • Timeline to achieve the permanent cessation of coal combustion, including interim milestones and projected dates of completion.

  1. Annual Progress Report that includes:

  • Details on the completion of any interim milestones listed in the NOPP since the previous progress report.

  • Narrative discussion of any completed, missed, or delayed milestones and updated milestones.


Respondent Activities

  1. NOPP:

  • Compile requested operating information, diagrams, data, and calculations used to make the determination to participate in the subcategory.

  • Compile the most recent integrated source plan and corresponding information.

  • Prepare a timeline with identified dates for achieving permanent cessation of coal combustion.

  • Prepare statements and materials regarding FGD wastewater and/or BA transport water for the permitting or control authority.

  1. Annual Progress Report:

  • Prepare and compile details on the completion of any interim milestones listed in the NOPP since the previous progress report.

  • Prepare and compile detailed narrative discussions of any completed, missed, or delayed milestones and updated milestones.


iii. Requirements for Units that will Achieve Permanent Cessation of Coal Combustion by December 31, 2028

Section 423.19(f) requires sources seeking to qualify as a unit that will achieve permanent cessation of coal combustion by December 31, 2028, under this part, to file a NOPP to the permitting authority or control authority no later than October 13, 2021. As part of this proposed rule, EPA is accepting late NOPPs for those units looking to opt into this proposed subcategory. As part of this requirement, sources are also required to submit an annual progress report.


Data Items


  1. NOPP that includes:

  • Identification of the generating unit.

  • The expected date that the generating unit is projected to achieve permanent cessations of coal combustion (either by retirement or fuel conversion), whether that date has been approved by a regulatory body (and if yes, what regulatory body).

  • Copy of the most recent integrated resource plan for which the applicable state agency approved the retirement or repowering of the unit.

  • Timeline to achieve the permanent cessation of coal combustion, including interim milestones and projected dates of completion.

  1. Annual Progress Report that includes:

  • Details on the completion of any interim milestones listed in the NOPP since the previous progress report.

  • Narrative discussion of any completed, missed, or delayed milestones and updated milestones.


Respondent Activities


  1. NOPP:

  • Compile requested operating information.

  • Compile the most recent integrated resource plan and corresponding information.

  • Prepare a timeline with identified dates for achieving permanent cessation of coal combustion.

  • Prepare and submit statements to the permitting or control authority.

  1. Annual Progress Report:

  • Prepare and compile details on the completion of any interim milestones listed in the NOPP since the previous progress report.

  • Prepare and compile detailed narrative discussions of any completed, missed, or delayed milestones and updated milestones.


iv. Requirements for Facilities Seeking Protections of 40 CFR part 423.18

Section 423.19(g) requires facilities seeking the protections of 40 CFR part 423.18, and for each instance Section 423.18 is applied, to submit a certification statement to the permitting or control authority no later than 30 days per the requirements in 423.19(g)(1).


Data Items


  1. Certification Statement that includes:

  • The qualifying event from the list in 423.18(a), the individual or entity that triggered the event, and the date of the event.

  • Copy of any documentation of the qualifying event from the individual or entity.

  • Analysis and accompanying narrative discussion which demonstrates that the generating unit would have qualified for the subcategory at issue absent the event (including the material data, assumptions, and methods used).

  1. Termination of Need Statement that includes:

  • Narrative discussion including the date of the qualifying event termination, or if it has not terminated, why the source believes the capacity utilization will no longer be elevated to a level requiring the protection of 423.18.


Respondent Activities


  1. Certification Statement:

  • Identify and describe the qualifying event from the list in 423.18(a) and compile corresponding documentation.

  • Prepare and compile an analysis and narrative discussion.

  1. Termination of Need Statement that includes:

  • Prepare a narrative discussion including the date the qualifying event termination.


v. Requirements for Facilities that will Voluntarily Meet the Limits in 423.13(g)(3)(i)

Section 423.19(h) requires facilities seeking to voluntarily meet the limits in 423.13(g)(3)(i) to submit a NOPP to the permitting authority no later than October 13, 2021. This ICR does not address these NOPPs as they have already been submitted to permitting authorities. As part of this requirement, sources are also required to submit an annual progress report.


Data Items


  1. Annual Progress Report that includes:

  • Details on the completion of any interim milestones presented in the engineering dependency chart included in the NOPP since the previous progress report.

  • Narrative discussion of any completed, missed, or delayed milestones and updated milestones.


Respondent Activities

  1. Annual Progress Report:

  • Prepare and compile details on the completion of any interim milestones listed in the NOPP since the previous progress report.

  • Prepare and compile detailed narrative discussions of any completed, missed, or delayed milestones and updated milestones.



vi. Requirements for Facilities Seeking to Transfer Between Applicable Limitations in a Permit under 423.13(o)

Section 423.19(i) requires facilities seeking to transfer between applicable limitations under 423.13(o) to file a NOPP to the permitting or control authority.


Data Items


  1. NOPP that includes:

  • Identification of the electric generating unit(s) for which the source intends to change compliance alternatives.

  • For each electric generating unit, the specific provision under which the transfer will occur, the reason the transfer is warranted, and a narrative discussion demonstrating that each electric generating unit will be able to maintain compliance with the relative provisions.


Respondent Activities


  1. NOPP:

  • Compile reason transfer is warranted, identify the specific provision under which the transfer will occur, and prepare the corresponding narrative discussion to demonstrate compliance.

vii. Notice of Material Delay

Section 423.19(j) requires plants experiencing material delay in the milestones set forth in 429.13(f)(2) or (h)(2) to submit a notice to the permitting or control authority.


Data Items


  1. Notice that includes:

  • Reason for delay, projected length of delay, and the proposed resolution to maintain compliance.


Respondent Activities


  1. Notice:

  • Prepare and submit statement for the delay, projected length, and proposed resolution.


viii. Requirements for Facilities with Coal Combustion Residual Landfills or Surface Impoundments

Section 423.19(k) requires that facilities with coal CRL landfills or surface impoundments submit a Leachate Groundwater Information Report (LGIR) to the permitting authority no later than 90 days after publication of the final rule and an Annual LGIR submitted to the permitting authority by March 1 of each calendar year.


Data Items


  1. LGIR that includes:

  • General information:

    • Facility name and owners.

    • Identification of the most recent final NPDES permit and date of issuance.

    • Table listing all coal-fired generating units (including name/identifier, commission year, nameplate capacity) or a statement that all have permanently ceased combustion of coal.

    • Table listing all landfills and surface impoundments subject to 257.50 et seq. (including name/identifier, commission year, acreage, liner status, types of solid wastes present, quantity of waste present, and statement either that the unit is active or the date the unit ceased receipt of waste).

    • Table listing all groundwater monitoring wells (including name/identifier, commission year, screen depths, and type of geologic material in which the well was screened).

    • Table listing all surface waterbodies located within one mile of any landfill or surface impoundment, or the single closest waterbody if none are located within one mile, hydraulic unit code, shortest measurable distance from any edge of the waterbody.

  • Technical information

    • Map with legend depicting the location and boundaries of all items including technical information (time series of surface water elevations, elevation of the waste bottom; operating level and freeboard (if applicable); and graph plotting the elevations over time.

    • Measured, calculated, or estimated values of site hydraulic conductivity, hydraulic gradient, velocity of groundwater, and effective porosity, giving particular consideration to these along the trajectory of groundwater flow from the landfill or surface impoundment to the surface water body.

    • Estimated travel time of groundwater to travel from each landfill or surface impoundment to each surface water body (including average estimates, minimum and maximum travel times shall be estimated).

    • Groundwater potentiometric map illustrating average travel times.

    • Summary statistics of estimates in (B)(i), (B)(ii), and (B)(vi); summary statistics of the concentration of each pollutant in the table in 423.19(k).

    • Three isoconcentration plots showing the horizontal extent of the most dispersed pollutant.

    • Three isoconcentration plots showing the vertical extent of the most dispersed pollutant.

    • Boring logs, geotechnical laboratory reports, and sieve analyses from the initial safety factor assessment.

    • List of sorbents for the pollutants listed in 423.19(k), which pollutants are known to sorb each, and a discussion of which sorbents are known to be present in the subsurface that contaminated groundwater would pass through to the surface water bodies.

    • Estimated cross-section surfaces through which CRL enters each surface water body.

    • For each pollutant in 423.19(k), minimum, maximum, and average estimates of the mass flux from each landfill or surface impoundment, mass flux into each surface water body, the mass sorbed in the subsurface, and the mass dissolved in the groundwater.

    • Other materials as appropriate.

  1. Annual LGIR that includes:

  • For all pollutants in 423.19(k), include: effluent monitoring data reported pursuant to section 127, groundwater monitoring data as the CRL leaves each of the applicable landfills and surface impoundments, groundwater monitoring at the point the combustion residual leachate enters each of the surface water bodies, and summary statistics for the data submitted.


Respondent Activities


  1. LGIR:

  • Prepare general information, compile NPDES permits, compile tables of generating units, landfills and surface impoundments, and surface water bodies.

  • Identify and compile information regarding generating unit operation; landfill/surface impoundment commission years, acreage, liner status, types/quantities of solid waste present, and information on status; compile information on surface water bodies after determining location and distance for each.

  • Compile underlying data including geographical, landfill and/or surface impoundment operating data and characteristics, groundwater characteristics, surface water body characteristics and required maps.

  • Calculate estimates of travel time of groundwater for each landfill and/or surface impoundment to each surface water body.

  • Calculate summary statistics for data requested (specific to groundwater characteristics and monitoring data).

  • Generate required plots using compiled data.

  • Compile boring logs, geotechnical laboratory reports, and sieve analyses from the initial safety factor assessment.

  • Compile list of sorbents for the pollutants listed in 423.19(k) and research done on each.

  1. Annual LGIR that includes:

  • Compiled monitoring data and calculated summary statistics for the data submitted.


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

a. Agency Activities

EPA is responsible for overseeing the implementation of the rule.

b. Collection Methodology and Management

A steam electric power plant would submit its certifications and annual reports in a manner specified by the permitting authority. In addition, the power plant would post all required reporting, including certain monitoring data, to a publicly accessible website.


c. Small Entity Flexibility

The proposed rule is unlikely to have a significant impact on a substantial number of small entities.


d. Collection Schedule

As explained in Section 4.b.i, steam electric power plants would be required to submit one-time notices of planned participation (NOPPs) if they wish to participate in a specific subcategory within one year of publication of the final rule in the Federal Register. In addition, plants must maintain a publicly accessible internet site and post all required reporting information to the website within 30 days of submission to the permitting authority, as well as notify EPA and the permitting authority when changes are made to the website. Dependent on the subcategories applicable to the plant, they must also submit one-time initial certification statements within 30 days, a one-time termination of need statement within 30 days from when the source no longer qualifies, a one-time LGIR report within 90 days of the final compliance date of the rule, and annual progress reports by March 1 of each year.


6. Estimating the Burden and Cost of the Collection

a. Estimating Respondent Burden

Facilities: EPA estimates 100 steam electric facilities would be subject to today’s proposed rule. As explained above, steam electric facilities, depending on individual reporting requirements, would need to generate and post all data to a publicly available website; compile data to submit NOPPs, progress reports, and other notices; and submit an initial and annual LGIR if they have a CRL landfill or surface impoundment. EPA’s estimated burden for completion of these reporting and recordkeeping requirements are presented in Table 1 below.


Table 1. Estimated Facility Burden


423.19

Frequency of Reporting

Legal

(Hours)

Mgr

(Hours)

Env. Engineer

(Hours)

Number of Facilities

(c)

One-Time

0

1

15

100

Annually

1

2

10

(e)

One-Time

1

8

30

5

Annually

1

10

10

(f)

One-Time

1

8

30

10

Annually

1

10

10

(g)

One-Time

1

10

20

5

Annually

0

0

0

(h)

One-Time

0

0

0

4

Annually

1

10

20

(i)

One-Time

1

6

20

5

Annually

0

0

0

(j)

One-Time

1

5

10

5

Annually

0

0

0

(k)

One-Time

5

50

75

69

Annually

5

25

50



Permitting/Control Authorities: The proposed rule would require permitting or control authorities to review the documentation (e.g., NOPPs, progress reports, and notices) provided by the facility per the reporting requirements. Some of these reviews will be a one-time review (e.g., NOPPs and notices) and some will be annual (e.g., progress reports). EPA’s estimated burden for review of these reporting and recordkeeping requirements are presented in Table 2 below.


Table 2. Estimated Permitting/Control Authority Burden


423.19

Frequency

Mgr.

(Hours)

Tech

(Hours)

(c)

One-Time

0

0

Annually

0

0

(e)

One-Time

2

5

Annually

2

5

(f)

One-Time

2

5

Annually

2

5

(g)

One-Time

2

5

Annually

0

0

(h)

One-Time

0

0

Annually

2

5

(i)

One-Time

2

5

Annually

0

0

(j)

One-Time

2

5

Annually

0

0

(k)

One-Time

25

35

Annually

10

15



b. Estimating Respondent Costs

i. Estimating Labor Costs

Facilities: EPA estimated facility labor costs for the specific activities related to the proposed reporting requirements of the rule and assumed rates for legal review, managerial support, and engineering support. EPA based the labor rates for the proposed reporting requirements on average labor costs from the Bureau of Labor Statistics (2021). EPA used the estimated hours required to respond to the requirements of the proposed rule and multiplied these costs by this labor rate, along with requirements for frequency of upload (e.g., annual reporting requirements versus monthly). See EPA’s estimates in Table 3. EPA made the following assumptions for estimating labor costs:


  • Website creation, NOPPs, notices, and the LGIR would be submitted one time (in the first year of the requirements).

  • Progress reports and the annual LGIR would be submitted once a year following the submittal of the official NOPP (i.e., twice over a three-year period).

  • Progress reports associated with EPA’s VIP program or NOPPs that have already been submitted would be submitted once a year following the publication of the final rule.

  • Hourly rates were estimated as: Lawyer ($71.17/hr), Manager ($59.13/hr), and Engineer ($48.18/hr).

  • Hourly rates were increased by 10 percent for overhead costs.



Permitting/Control Authorities: EPA estimated permitting and control authority labor costs for the specific activities related to oversight requirements. EPA included managerial and technical support using labor rates from the Salary Table 2021-GS from the US Office of Personal Management. The government employee labor rates are $38.08 per hour for technical (GS-13, Step1) and $52.93 per hour for managerial (GS‑15, Step 1). EPA used the estimated hours required to respond to the requirements of the proposed rule and multiplied these costs by this labor rate, along with requirements for frequency of upload (e.g., annual reporting requirements versus monthly). See EPA’s estimates in Table 4. EPA made the following assumptions for estimating labor costs:


  • NOPPs, notices, and the LGIR would be submitted one time (in the first year of the requirements).

  • Progress reports and the annual LGIR would be submitted once a year following the submittal of the official NOPP (i.e., twice over a three-year period).

  • Progress reports associated with EPA’s VIP program or NOPPs that have already been submitted would be submitted once a year following the publication of the final rule.

  • Hourly rates were estimated as: Manager ($52.93/hr) and Technical ($38.08/hr).

  • Hourly rates were increased by 10 percent for overhead costs.



Table 3. Estimated Facility Labor Cost


423.19

Number of Facilities

Frequency

Frequency Multiplier

Legal (hours)

Mgr. (hours)

Tech (hours)

Legal (total hours)

Mgr. (total hours)

Tech (total hours)

Total Hours

Legal ($)

Mgr. ($)

Tech ($)

Total $

(c)

100

One-Time

1

0

1

15

-

100

1,500

1,600

-

6,524

79,497

86,021

100

Annually

3

1

2

10

300

600

3,000

3,900

23,486

39,145

158,994

221,625

(e)

5

One-Time

1

1

8

30

5

40

150

195

391

2,610

7,950

10,951

5

Annually

2

1

10

10

10

100

100

210

783

6,524

5,300

12,607

(f)

10

One-Time

1

1

8

30

10

80

300

390

783

5,219

15,899

21,902

10

Annually

2

1

10

10

20

200

200

420

1,566

13,048

10,600

25,214

(g)

5

One-Time

1

1

10

20

5

50

100

155

391

3,262

5,300

8,953

5

Annually

0

0

0

0

-

-

-

-

-

-

-

-

(h)

4

One-Time

0

0

0

0

-

-

-

-

-

-

-

-

4

Annually

3

1

10

20

12

120

240

372

939

7,829

12,720

21,488

(i)

5

One-Time

1

1

6

20

5

30

100

135

391

1,957

5,300

7,648

5

Annually

0

0

0

0

-

-

-

-

-

-

-

-

(j)

5

One-Time

1

1

5

10

5

25

50

80

391

1,631

2,650

4,672

5

Annually

0

0

0

0

-

-

-

-

-

-

-

-

(k)

69

One-Time

1

5

50

75

345

3,450

5,175

8,970

27,009

225,081

274,265

526,355

69

Annually

2

5

25

50

690

3,450

6,900

11,040

54,018

225,081

365,686

644,786

Total One-Time

375

3,775

7,375

11,525

29,358

246,285

390,860

666,503

Total Annually – Year 1

104

240

1,080

1,424

8,142

15,658

57,238

81,038

Total Annually – Year 2

464

2,115

4,680

7,259

36,325

137,985

248,031

422,341

Total Annually – Year 3

464

2,115

4,680

7,259

36,325

137,985

248,031

422,341

Average Annuala

469

2,748

5,938

9,156

36,717

179,304

314,720

530,740

a – Estimated as the total annual average of years one through three, plus the average three-year one-time cost.










Table 4. Estimated Permitting/Control Authority Labor Cost


423.19

Frequency

Number of Submittals

Frequency Multiplier

Mgr.

(hours)

Tech

(hours)

Mgr.

(total hours)

Tech

(total hours)

Total Hours

Mgr. ($)

Tech ($)

Total $

(c)

One-Time

100

1

0

0

-

-

-

-

-

-

Annually

100

3

0

0

-

-

-

-

-

-

(e)

One-Time

5

1

2

5

10

25

35

582

1,047

1,629

Annually

5

2

2

5

20

50

70

1,164

2,094

3,259

(f)

One-Time

10

1

2

5

20

50

70

1,164

2,094

3,259

Annually

10

2

2

5

40

100

140

2,329

4,189

6,518

(g)

One-Time

5

1

2

5

10

25

35

582

1,047

1,629

Annually

5

0

0

0

-

-

-

-

-

-

(h)

One-Time

4

0

0

0

-

-

-

-

-

-

Annually

4

3

2

5

24

60

84

1,397

2,513

3,911

(i)

One-Time

5

1

2

5

10

25

35

582

1,047

1,629

Annually

5

0

0

0

-

-

-

-

-

-

(j)

One-Time

5

1

2

5

10

25

35

582

1,047

1,629

Annually

5

0

0

0

-

-

-

-

-

-

(k)

One-Time

69

1

25

35

1,725

2,415

4,140

100,435

101,160

201,594

Annually

69

2

10

15

1,380

2,070

3,450

80,348

86,708

167,056

Total One-Time

1,785

2,565

4,350

103,928

107,443

211,371

Total Annually – Year 1

8

20

28

466

838

1,304

Total Annually – Year 2

728

1,130

1,858

42,386

47,333

89,720

Total Annually – Year 3

728

1,130

1,858

42,386

47,333

89,720

Average Annuala

1,083

1,615

2,698

63,056

67,649

130,705

a – Estimated as the total annual average of years one through three, plus the average three-year one-time cost.





ii. Estimating Capital and Operations and Maintenance (O&M) Costs

Because EPA is not requiring respondents to purchase any nonexpendable goods, including equipment or machinery, to perform reporting, the Agency does not expect capital costs to result from the reporting requirements. EPA expects that recordkeeping and reporting to be done electronically, consistent with existing requirements for NPDES reporting, and therefore does not estimate any additional O&M costs.


iii. Annualizing Capital Costs

There are no capital costs associated with any of the reporting, as described above.


c. Estimating Agency Burden and Costs

EPA does not estimate any Agency burden and costs associated with these recordkeeping and reporting requirements.


d. Estimating the Respondent Universe and Total Burden Costs

Facilities: The estimated facility universe for any reporting, for the purpose of this estimate is 100 facilities. EPA estimates the total one-time labor hours associated with this ICR to facilities is 11,525 and total annual labor hours ranging from 1,400 to 7,260 for a total annual average of 9,160 hours. Similarly, EPA estimates the total one-time labor costs to facilities to be $667,000 and total annual labor costs to range from $81,000 to $422,300 for a total annual average of $531,000. See Table 3.


Permitting/Control Authorities: For purposes of this ICR, EPA estimated that permitting or control authorities would review the required recordkeeping and reporting requirements (submitted by the facilities as outlined in Tables 3 and 4). EPA estimates the total one-time labor hours associated with this ICR to permitting/control authorities is 4,350 and total annual labor hours ranging from 30 to 1,900 for a total annual average of 2,700 hours. Similarly, EPA estimates the total one-time labor costs to permitting/control authorities to be $212,000 and total annual labor costs to range from $1,300 to $89,800 for a total annual average of $131,000. See Table 4.


e. Bottom Line Burden Hours and Cost Tables

i. Respondent and Agency Burden Hours and Costs

See Tables 3 and 4. EPA did not estimate any Agency burden and costs associated with this proposed rule.


ii. Variations in the Annual Bottom Line

The burden to permitting or control authorities would increase for facilities that do not submit the required reports in a timely manner.


f. Reasons for Change in Burden

Not applicable, because this request does not renew or modify an existing ICR.


g. Burden Statement

The information collection requirements in this rule have been submitted for approval to OMB under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. An Information Collection Request (ICR) document has been prepared by EPA and has been assigned EPA 2752.01. The information collection requirements are not enforceable until OMB approves them. EPA estimates it would take a total annual average of 9,160 hours and $531,000 for affected facilities to collect and report the information in the proposed rule. EPA estimates it would take a total annual average of 2,700 hours and $131,000 for permitting or control authorities to review the information submitted by facilities. EPA estimates that there would be no start-up or capital costs associated with the information described above. Burden is defined at 5 CFR 1320(b).

An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in 40 CFR are listed in 40 CFR part 9. When this ICR is approved by OMB, the Agency will publish a technical amendment to 40 CFR part 9 in the Federal Register to display the OMB control number for the approved information collection requirements contained in this final rule.


File Typeapplication/vnd.openxmlformats-officedocument.wordprocessingml.document
File TitleICR - Airport Deicing Final Rule
AuthorEric Strassler
File Modified0000-00-00
File Created2023-09-06

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