2196ss08

U.S. Environmental Protection Agency

Information Collection Request

Title: NSPS for Stationary Compression Ignition Internal Combustion Engines (40 CFR Part 60, Subpart IIII) (Amendments) EPA ICR Number 2196.08, OMB Control Number 2060-0590. (Proposed Rule)

OMB Control Number: 2060-0590

EPA ICR Number: 2196.08

Abstract: The New Source Performance Standards (NSPS) for Stationary Compression Ignition Internal Combustion Engines (40 CFR Part 60, Subpart IIII) were proposed on July 11, 2005; promulgated on July 11, 2006; and revised on November 13, 2019, and August 10, 2022.

The proposed amendments mainly add electronic reporting provisions to the rule. In general, the changes do not result in regulated entities needing to submit anything additional electronically that is not currently submitted via paper copies, and this is therefore expected to lessen recordkeeping and reporting burden. This supporting statement addresses incremental information collection activities that will be imposed by the amendments to the NSPS for Stationary Compression Ignition Internal Combustion Engines.

These regulations apply to manufacturers, owners, and operators of new stationary compression ignition (CI) internal combustion engines (ICE). New facilities include those that either commenced construction, modification, or reconstruction after the date of proposal. For the purposes of this subpart, the date that construction commences is the date the engine is ordered by the owner or operator. This information is being collected to assure compliance with 40 CFR Part 60, Subpart IIII.

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 the 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. As a result of the proposed amendments, 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 regional office 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” include manufacturers, owners, and operators of stationary CI ICE units. The ‘burden’ to the “Affected Public” may be found below in Table 1: Annual Respondent Burden and Cost – NSPS for Stationary Compression Ignition Internal Combustion Engines (40 CFR Part 60, Subpart IIII) (Amendments). The ‘burden’ to the Federal Government is attributed entirely to work performed by either Federal employees or government contractors and may be found below in Table 2: Average Annual EPA Burden and Cost – NSPS for Stationary Compression Ignition Internal Combustion Engines (40 CFR Part 60, Subpart IIII). There are an average of 207,360 CI ICE facilities per year, which are owned and operated by either industry, state, local, or tribal governments. We assume that they will all respond to EPA inquiries.¹

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, an average of 207,085 existing respondents per year will be subject to these standards, 235 existing respondents per year, and 40 additional respondents per year will become subject to these same standards. Therefore, the overall average number of respondents is 207,360 per year.

The “burden” to the regulated community may be found in the section below within the question 15 reasons for change in burden. The proposed cost of this ICR to sources that are impacted by proposed addition of electronic reporting requirements, as compared to the same time period without electronic reporting requirements being included in IIII, is ($11,688,145) per year if averaged over the first 3 years after the amendments are final. The total Agency cost during the first 3 years of the ICR is estimated to be ($1,410) per year, again compared to the same time period without electronic reporting requirements being included in IIII. Parentheses indicate negative values, i.e., a cost savings.

Supporting Statement A

1. NEED AND AUTHORITY FOR THE COLLECTION

Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate 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, NO_x, CO, and hydrocarbon emissions from stationary CI ICE 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 IIII.

2. PRACTICAL UTILITY/USERS OF THE DATA

Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.

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 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 and that the standards are being met. The performance test may also be observed.

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

Additionally, via these proposed amendments, the EPA would require electronic reporting for initial notifications and annual reports. The EPA is proposing to require that owners or operators of affected sources would submit electronic copies of annual reports through the EPA's Central Data Exchange (CDX), using the Compliance and Emissions Data Reporting Interface (CEDRI). For annual reports, EPA has developed templates for the reporting form in CEDRI specifically for 40 CFR Part 60, Subpart IIII.

The EPA is also proposing to require that 40 CFR Part 60, Subpart IIII performance test reports and performance evaluation reports must be developed through the EPA’s Electronic Reporting Tool (ERT) and submitted through CEDRI.

3. USE OF TECHNOLOGY

Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden.

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 proposed amendments to the rule include new electronic reporting provisions. 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. Respondents are also required to submit electronic copies of notifications and certain reports through EPA’s CEDRI. The notification is an upload of their currently required notification in PDF. The annual reports are to be created using Form 5900-595, the electronic template(s) included with this Supporting Statement. The template is an Excel spreadsheet which can be partially completed and saved for subsequent annual reports to limit some of the repetitive data entry. It reflects the reporting elements required by the rule and does not impose additional reporting elements. The OMB Control Number is displayed on the Welcome page of the template, with a link to an online repository that contains the PRA requirements. For purposes of this ICR, it is assumed that there is no additional burden associated with the proposed requirement for respondents to submit the notifications and reports electronically, and in fact it will be a time saving measure for the regulated community to do so versus submitting them in paper form.

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.

4. EFFORTS TO IDENTIFY DUPLICATION

Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.

For reports proposed to be 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. 

5. MINIMIZING BURDEN ON SMALL BUSINESSES AND SMALL ENTITIES

If the collection of information impacts small businesses or other small entities, describe any methods used to minimize burden.

Minimizing the information collection burden for all sizes of organizations is a continuing effort for the EPA. The EPA is not proposing to make any changes in terms of who is required to report and what they are required to report, only the manner in which the information is reported, and this proposed change is expected to result in an overall reduction in burden. The EPA does not believe that the NSPS will have a significant impact on a substantial number of small entities. Furthermore, although the recordkeeping and reporting requirements are the same for small and larger businesses, these requirements are considered the minimum needed to ensure compliance and, therefore, cannot be reduced further for small businesses.

6. CONSEQUENCES OF LESS FREQUENT COLLECTION

Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

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 that the 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.

7. GENERAL GUIDELINES

Explain any special circumstances that require the collection to be conducted in a manner inconsistent with OMB guidelines.

The proposed collection does not create special circumstances requiring justification under 5 CFR 1320.5.

8. PUBLIC COMMENT AND CONSULTATIONS

8a. Public Comment

If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the Agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the Agency in response to these comments. Specifically address comments received on cost and hour burden.

EPA is submitting this proposed rule for public consideration. Comments received during the proposed rule comment period, published on June 26, 2023 (88 FR 41361) will be considered as the Agency develops its final rule.

8b. Consultations

Describe efforts to consult with persons outside the Agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported. Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years - even if the collection of information activity is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.

The Agency has consulted industry experts and internal data sources to project the number of affected facilities and industry growth for this source sector. The primary source of information as reported by industry, in compliance with the recordkeeping and reporting provisions in these standards, has been 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 has been assumed to be linear for the purposes of this supporting statement. Approximately 207,360 respondents per year will be subject to these standards over the three-year period covered by this ICR, including 40 new respondents per year that will become subject to these same standards.

In developing this ICR, we are providing all interested parties the opportunity to review and comment on the revised burden estimated in this ICR as a result of the proposed amendments.

9. PAYMENTS OR GIFTS TO RESPONDENTS

Explain any decisions to provide payments or gifts to respondents, other than remuneration of contractors or grantees.

The Agency does not intend to provide payments or gifts to respondents as part of this collection.

10. ASSURANCE OF CONFIDENTIALITY

Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or Agency policy. If the collection requires a systems of records notice (SORN) or privacy impact assessment (PIA), those should be cited and described here.

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).

11. JUSTIFICATION FOR SENSITIVE QUESTIONS

Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the Agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.

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

12. RESPONDENT BURDEN HOURS & LABOR COSTS

Provide estimates of the hour burden of the collection of information. The statement should:

• Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Generally, estimates should not include burden hours for customary and usual business practices.

• If this request for approval covers more than one form, provide separate hour burden estimates for each form and the aggregate the hour burdens.

• Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead, this cost should be included as O&M costs under non-labor costs covered under question 13.

12a. Respondents/NAICS Codes

The respondents to the recordkeeping and reporting requirements are manufacturers, owners, and operators of stationary CI ICE. The United States Standard Industrial Classification (SIC) code for the respondents affected by these standards and the corresponding North American Industry Classification System (NAICS) codes are listed below for stationary compression ignition internal combustion engines:

Standard (40 CFR Part 60, Subpart IIII)	SIC Codes	NAICS Codes
Electric Power Generation, Transmission, or Distribution	4911, 4931, 4939	2211
General Medical and Surgical Hospitals	8062, 8069	622110
Motor and Generator Manufacturing	3621, 7694	335312
Air and Gas Compressor Manufacturing	3563	333912
Measuring, Dispensing, and Other Pumping Equipment Manufacturing	3561, 3586, 3743	333914
Welding and Soldering Equipment Manufacturing	3548, 3699	333992

12b. Information Requested

In this ICR, all the data that are recorded or reported is required by the NSPS for Stationary Compression Ignition Internal Combustion Engines (40 CFR Part 60, Subpart IIII).

A source must make the following reports:

Notifications
Initial notification requirements for owners/operators of non-emergency stationary CI ICE greater than 3,000 HP, or have a displacement of greater than 10 liters per cylinder; or are pre-2007 model year engines that are greater than 175 HP and not certified. (electronic submission)	§ 60.7(a)(1), § 60.4214(a)(1)

Reports
Annual report for owners/operators of emergency stationary CI ICE with a maximum engine power more than 100 HP that operates or is contractually obligated to be available for more than 15 hours per calendar year. (electronic submission)	§ 60.4214(d)
For stationary CI ICE equipped with AECDs, report the use of AECDs as required by 40 CFR 1039.665(e).	§ 60.4214(e)

A source must keep the following records:

Recordkeeping
Maintain records of notifications and maintenance conducted on the engine for owners/operators of non-emergency stationary CI ICE greater than 3,000 HP, or have a displacement of greater than 10 liters per cylinder; or are pre-2007 model year engines that are greater than 175 HP and not certified.	§ 60.4214(a)(2)
Maintain records of the hours of operation spent for emergency stationary CI ICE and the reason the engine was in operation during that time.	§ 60.4214(b)
Maintain records of any corrective action taken after the backpressure monitor has notified the owner operator that the high backpressure limit of the engine is approached for stationary CI ICE equipped with diesel particulate filter (DPF).	§ 60.4214(c)

12c. Respondent Activities

Respondent activities listed here:

• Familiarization with the regulatory requirements.

• Install, calibrate, maintain, and operate hourly meters or CMS for backpressure. Diesel particulate filters must as be installed with a backpressure monitor.

• Perform initial performance test, Reference Method 1, 1A, 3, 3A, 3B, 4, 5, 7E test, 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.

12d. Respondent Burden Hours and Labor Costs

Based on our research for this ICR, on average over the next three years, approximately 235 existing respondents and 207,085 existing respondents that keep records but do not submit reports will be subject to these standards. It is estimated that an additional 40 respondents per year will become subject to these same standards. The overall average number of respondents, as shown in the table below, is 207,360 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	40	235	207,045	0	207,320
2	40	235	207,085	0	207,360
3	40	235	207,125	0	207,400
Average	40	235	207,085	0	207,360

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 207,360.

The total average 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
Certification for stationary use	35	1	0	35
Certification for stationary/non-road use	200	1	0	200
Notification for non-emergency stationary CI ICE >3,000 hp, prime	32	1	0	32
Notification for non-emergency stationary CI ICE with a displacement >10 l/cyl, prime	8	1	0	8
Annual report for emergency stationary CI ICE >100 hp that operates >15 hours/yr	10,368	1	0	10,368
			Total	10,643

The average Total Annual Responses is 10,643 per year.

The total annual average labor costs are $38,365,240. Details regarding these estimates may be found at the end of this document in Table 1: Annual Respondent Burden and Cost – NSPS for Stationary Source Compression Ignition Internal Combustion Engines (40 CFR Part 60, Subpart IIII) (Amendments).

The average annual burden to industry over the next three years from these recordkeeping and reporting requirements is estimated to be 312,742 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.

This ICR uses the following labor rates:

Managerial $138.24 ($65.83+ 110%)

Technical $127.68 ($60.80 + 110%)

Clerical $64.83 ($30.87 + 110%)

These rates are from the United States Department of Labor, Bureau of Labor Statistics, June 2022, “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.

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 29 hours per response.

13. Respondent CAPITAL AND O&m CostS

Provide an estimate for the total annual cost burden to respondents or record keepers resulting from the collection of information. (Do not include the cost of any hour burden already reflected on the burden worksheet).

The cost estimate should be split into two components: (a) a total capital and start-up cost

component (annualized over its expected useful life) and (b) a total operation and maintenance and purchase of services component. The estimates should consider costs associated with generating, maintaining, and disclosing or providing the information. Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the period over which costs will be incurred. Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling, and testing equipment; and record storage facilities.

If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance. The cost of purchasing or contracting out information collections services should be a part of this cost burden estimate.

Generally, estimates should not include purchases of equipment or services, or portions thereof, made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not associated with the information collection, (3) for reasons other than to provide information or keep records for the government, or (4) as part of customary and usual business or private practices.

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.

Capital/Startup vs. Operation and Maintenance (O&M) Costs [Three Year Average]
(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)
Certification/Durability Testing	$0	0	$0	$5,566	35	$194,814
Selective Enforcement Audits	$0	0	$0	$87,530	1	$87,530
TOTAL (rounded)			$0			$282,343

Note: These costs were escalated from $2019 to $2021 by using the Chemical Engineering Plant Cost Index (CEPCI) from 2019 [607.5] and the CEPCI from 2021 [708]. This increased the cost of “Certification/Durability Testing” from $4,776 to $5,566 and increased the cost of “Selective Enforcement Audits” from $75,105 to $87,530.

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 $282,343. 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 $282,343. These are the recordkeeping costs.

The total average annual capital/startup and O&M costs to the regulated entity are $282,343. The cost calculations are detailed in Section Capital/Startup vs. Operation and Maintenance (O&M) Costs.

14. AGENCY COSTS

Provide estimates of annualized costs to the Federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information.

14a. 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.

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 annual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations.

14b. Agency Labor 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 $19,146.

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

Managerial $70.56 (GS-13, Step 5, $44.10 + 60%)

Technical $52.37 (GS-12, Step 1, $32.73 + 60%)

Clerical $28.34 (GS-6, Step 3, $17.71 + 60%)

These rates are from the Office of Personnel Management (OPM), 2022 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 – NSPS for Stationary Source Compression Ignition Internal Combustion Engines (40 CFR Part 60, Subpart IIII).

The average annual Agency burden and cost over next three years is estimated to be 403 labor hours at a cost of $19,146; see below in Table 2: Average Annual EPA Burden and Cost – NSPS for Stationary Source Compression Ignition Internal Combustion Engines (40 CFR Part 60, Subpart IIII).

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.

14c. Agency Non-Labor Costs

There are no anticipated non-labor costs for the Agency.

14d. Agency Total Costs

The average annual Agency burden and cost over next three years is estimated to be 403 labor hours at a cost of $19,146.

15. REASONS FOR CHANGE IN BURDEN

Explain the reasons for any program changes or adjustments reported in the burden or capital/O&M cost estimates.

In terms of the change in burden due to the proposed addition of electronic reporting requirements to the NSPS for Stationary Compression Ignition Internal Combustion Engines (40 CFR Part 60, Subpart IIII), the result is an average annual reduction in burden for respondents over the three years of this ICR of 95,278 hours per year and a reduction in cost for the three years of this ICR of $11,688,145 per year. The average annual reduction in cost for the three years of this ICR is approximately $56.37 per year per respondent. See the following table:

	Respondents
	First year	Second Year	Third Year	Average
IIII Incremental hours (with electronic reporting vs without electronic reporting)	(95,183)	(95,317)	(95,335)	(95,278)
IIII Incremental $ (with electronic reporting vs without electronic reporting)	$ (11,676,483)	$ (11,692,848)	$ (11,695,105)	$ (11,688,145)
Number of respondents	207,320	207,360	207,400	207,360
Incremental $ per respondent	$ (56.32)	$ (56.39)	$ (56.39)	$ (56.37)

Note: negative indicates cost savings

The proposed addition of electronic reporting also impacts the Agency tally. The result is an average annual reduction in burden for the three years of this ICR of 28 hours per year for EPA staff and a reduction in cost for the three years of this ICR of $1,410 per year for EPA staff. See the following table:

	EPA
	First year	Second Year	Third Year	Average
IIII Incremental hours (with electronic reporting vs without electronic reporting)	(28)	(28)	(28)	(28)
IIII Incremental $ (with electronic reporting vs without electronic reporting)	$ (1,410)	$ (1,410)	$ (1,410)	$ (1,410)

Note: negative indicates cost savings

16. PUBLICATION OF DATA

For collections of information whose results will be published, outline plans for tabulation and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.

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. The 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.

17. DISPLAY OF EXPIRATION DATE

If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.

The Agency plans to display the expiration date for OMB approval of the information collection on all instruments.

18. CERTIFICATION STATEMENT

Explain each exception to the topics of the certification statement identified in “Certification for Paperwork Reduction Act Submissions.”

This information collection complies with all provisions of the Certification for Paperwork Reduction Act Submissions.

Table 1: Annual Respondent Burden and Cost – NSPS for Stationary Source Compression Ignition Internal Combustion Engines (40 CFR Part 60, Subpart IIII) (Three Year Average)

Burden item	(A)	(B)	(C)	(D)	(E)	(F)	(G)	(H)
	Person hours per occurrence	No. of occurrences per respondent per year	Person hours per respondent per year (C=AxB)	Respondents per year a	Technical person- hours per year (E=CxD)	Management person hours per year (Ex0.05)	Clerical person hours per year (Ex0.1)	Total Cost Per year b
1. Applications	N/A
A. Certification for stationary use
- Certification application c	44	1	44	35	1,540	77	154	$217,255.27
- Recordkeeping	4.4	1	4.4	35	154	7.7	15.4	$21,725.53
- Certificate/durability testing d	168	1	168	35	5,880	294	588	$829,520.12
- Selective enforcement audits	115	1	115	1	115	5.75	11.5	$16,223.61
- Defect reporting e	125	1	125	4	500	25	50	$70,537.43
B. Certification for stationary/non-road use	1	1	1	200	200	10	20	$28,214.97
2. Surveys and studies	N/A
3. Reporting requirements
A1. Read and understand rule requirement-new sources f	1	1	1	40	40	2	4	$5,642.99
A2. Read and understand rule requirement-existing sources f,n	0.67	1	0.67	200	133	6.67	13.33	$18,809.98
B. Required activities	See 3D
C. Gather existing information	See 3D
D. Write report
Initial notification
>3,000 hp, prime g,m	1	1	2	32	32	1.6	3.2	$4,514.40
>10 l/cyl, prime h,m	1	1	2	8	8	0.4	0.8	$1,128.60
Pre-2007, not certified, prime, >175 hp	N/A
E. Annual report for emergency stationary CI ICEi,m	8	1	16	10,368	82,944	4,147.2	8,294.4	$11,701,312.36
Subtotal for Reporting Requirements					105,278			$12,914,885
4. Recordkeeping requirements
A. Read and understand rule requirement j	1	1	1	55,987	55,987	2,799.4	5,598.7	$7,898,385.84
B. Train personnel	N/A
C. Recording CDPF corrective actionk	1	1	1	20,736	20,736	1,036.80	2,073.6	$2,925,328.09
D. Recording hours in non-emergency operation l	0.5	1	0.5	207,360	103,680	5,184	10,368	$14,626,640.45
Subtotal for Recordkeeping Requirements					207,464			$25,450,354
TOTAL LABOR BURDEN AND COST					312,742			$38,365,240
Total Capital/O&M Costs								$282,343
Grand Total (Labor and Capital/O&M Costs)								$38,647,583
Assumptions:
a We assumed that there are an average of 207,360 sources per year currently subject to the regulations. EPA estimates that approximately 160 stationary CI engines greater than 3,000 HP are sold each year, and that 20 percent of these engines are used for non-emergency purposes. This means that there are an estimated 32 new non-emergency engines greater than 3,000 HP sold each year that would have to submit an initial notification. EPA also estimates that 8 engines with a displacement of 10 liters per cylinder or more are sold in the U.S. each year. Therefore, it is estimated that 40 new sources are expected each year over the next three years.
b This ICR uses the following labor rates: $138.24 per hour for Managerial Labor (Management, Business, and Financial); $127.68 per hour for Technical labor (Professional and Related), and $64.83 per hour for Clerical labor (Office and Admin Support). These rates are from the United States Department of Labor, Bureau of Labor Statistics, June 2022 “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. See https://www.bls.gov/news.release/ecec.t02.htm
c We assumed that approximately 35 engine families per year will be required to be certified to the emission standards of the rule by manufacturers. We have assumed that it will take 44 hours for all affected facilities to complete the certification application. EPA also estimates that approximately 200 engine families currently certified for nonroad use will be required to be certified to the stationary CI rule and would have minimal burden.
d We assumed that approximately 35 engine families per year will be required to be certified to the emission standards of the rule. We have assumed that it will take 168 hours for all affected facilities to complete the certificate/durability testing.
e We assumed 10% of new respondents will have to conduct defect-reporting. We have assumed that it will take 125 hours for all affected facilities to complete the defect report.
f We assumed that each of the 40 respondents will take one hour to read instructions.
g We assumed that 80 percent of the 40 affected facilities are required to write the >3,000 hp, prime report.
h We assumed that 20 percent of the 40 affected facilities will write the 10 l/cyl prime report.
i Applies to emergency stationary CI ICE with a maximum engine power more than 100 HP that operates or is contractually obligated to be available for more than 15 hours per calendar year for the purposes specified in § 60.4211(f)(2)(ii) and (iii) or that operates for the purposes specified in § 60.4211(f)(3)(i). We have assumed 16 hours per annual report based on ICR 1975.06 (NESHAP For Stationary Reciprocating Internal Combustion Engines 40 CFR Part 63, Subpart ZZZZ) and that 5% of respondents must submit an annual report.
j We assumed that on average 27% (or 55,987) of the 207,360 respondents will read rule instructions each year.
k We assumed that it will take 10% of respondents 1 hour to keep records of corrective actions taken for CI ICE equipped with diesel particulate filters.
l We assumed that respondents are required to keep the records for the recording hours in non-emergency operation.
m We assumed that electronic reporting would result in a 50 percent labor savings associated with electronic submissions through CEDRI. n We assumed existing sources with electronic reporting would spend 1 hour reviewing the new rulemaking in the first year to become familiar with new requirements and changes to current requirements. We assumed 0.5 hours per year for years 2 and 3.

Table 2: Average Annual EPA Burden and Cost – NSPS for Stationary Source Compression Ignition Internal Combustion Engines (40 CFR Part 60, Subpart IIII) (Three Year Average)

Activity	(A)	(B)	(C)	(D)	(E)	(F)	(G)	(H)
	EPA person- hours per occurrence	No. of occurrences per plant per year	EPA person- hours per plant per year	Plants per year a	Technical person- hours per year	Management person-hours per year	Clerical person-hours per year	Cost, $ b
			(C=AxB)		(E=CxD)	(Ex0.05)	(Ex0.1)
Report Review
1. Initial notification of compliance c,f	1.4	1	1.4	40	56	2.8	5.6	$3,288.86
2. Certification application
A. Certification for stationary use d	2	1	2	35	70	3.5	7	$4,111.07
B. Certification for stationary/non-road use e	1	1	1	200	200	10	20	$11,745.92
TOTAL ANNUAL BURDEN AND COST					375			$19,146
Assumptions:
a We have assumed that there are 207,360 sources currently subject to the regulations, and it is estimated that 40 new sources are expected each year over the next three years.
b This cost is based on the following hourly labor rates: $70.56 for managerial (Grade 13, Step 5), $52.37 for technical (Grade`12, Step 1), and $28.34 for clerical labor (Grade 6, Step 3). These rates are from the Office of Personnel Management (OPM), 2022 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. See https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2022/GS_h.pdf
c We have assumed that each of the 40 affected facilities would have to submit the initial notification of compliance report.
d We have assumed that it will take 2 hours to review the certification for stationary use report for each respondent.
e We have assumed that it will take one hour one time per year to review the certification for stationary/non-road use for each respondent.
f Assumed that electronic reporting would result in a 30 percent labor savings for EPA personnel associated with electronic submissions through CEDRI.

1 EPA does not maintain data on the proportion of facilities owned by state, local, or tribal governments, however, the rule primarily affects private industry and does not impose significant economic costs on State or local governments.

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