NESHAP for Mercury (40 CFR part 61, subpart E) (Renewal)

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
0113ss15.docx	Supporting Statement A	Uploaded 2026-01-28	Available
0113calc15_final_deliverable.xlsx	Supplementary Document	Uploaded 2026-01-28	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
44025	NESHAP for Mercury (40 CFR part 61, subpart E) (Renewal)	Other-	Modified

ICR Details

OMB Control No: 2060-0097	ICR Reference No: 202601-2060-005
Status: Received in OIRA	Previous ICR Reference No: 202202-2060-013
Agency/Subagency: EPA/OAR	Agency Tracking No: 0113.15
Title: NESHAP for Mercury (40 CFR part 61, subpart E) (Renewal)
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 01/30/2026

table that charts list comparision

	Requested	Previously Approved
Expiration Date	36 Months From Approved	04/30/2026
Responses	104	104
Time Burden (Hours)	16,474	17,200
Cost Burden (Dollars)	0	0

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Abstract: The Emission Standards for Hazardous Air Pollutants (NESHAP) for Mercury (40 CFR Part 61, Subpart E) apply to existing facilities and new facilities which process mercury ore to recover mercury, use mercury chlor-alkali cells to produce chlorine gas and alkali metal hydroxide, and incinerate or dry wastewater treatment plant sludge. New facilities include those that commenced construction, modification or reconstruction after the date of proposal. This information is being collected to assure compliance with 40 CFR Part 61, Subpart E. 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.

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Authorizing Statute(s): US Code: 42 USC 7401 et.seq. Name of Law: Clean Air Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 63933	08/06/2024
30-day Notice:	Federal Register Citation:	Citation Date:
	91 FR 3888	01/29/2026
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

table that charts list of burden

IC Title	Form No.	Form Name
NESHAP for Mercury (40 CFR part 61, subpart E) (Renewal)

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ICR Summary of Burden

table that charts list of burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	104	104	0	0	0	0
Annual Time Burden (Hours)	16,474	17,200	0	0	-726	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The decrease in burden from the most recently approved ICR is due to an adjustment(s). The adjustment decrease in burden from the most recently approved ICR for new and existing facilities is due primarily to a program change in a very similar Part 63 regulation for Mercury Cell Chlor-Alkali plants. Beginning on May 6, 2025, any amount of mercury emissions from mercury cell chlor-alkali plants are prohibited pursuant to 40 CFR Part 63, Subpart IIIII. It is assumed that the single mercury cell chlor-alkali facility will either convert its one mercury cell unit to a non-mercury technology (its other units are already using non-mercury technology) or close that mercury cell unit and thereafter rely solely on its other non-mercury units for chlorine production (87 FR 27002). As such, the one mercury cell chlor-alkali plant that was accounted for in the most recently approved ICR is not expected to be in operation. While there is a decrease in burden from the most recently approved ICR, there is an increase in costs, which is wholly due to the use of updated labor rates.

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Annual Cost to Federal Government: $25,600

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 01/30/2026

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