[Federal Register Volume 60, Number 189 (Friday, September 29, 1995)]
[Notices]
[Pages 50570-50574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24275]



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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5305-9]


Agency Information Collection Activities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 
et seq.), this notice announces that EPA is planning to submit the 
following continuing Information Collection Requests (ICRs) to the 
Office of Management and Budget (OMB). Before (ICRs) to OMB for review 
and approval, EPA is soliciting comments on specific aspects of the 
proposed information collections as described below.

DATES: Comments must be submitted on or before November 28, 1995.

ADDRESSES: U.S. Environmental Protection Agency, 401 M Street SW, Mail 
code 2223A, OECA/OC/METD, Washington, DC 20460. A copy of these ICRs 
may be obtained without charge from Sandy Farmer (202) 260-2740.

FOR FURTHER INFORMATION CONTACT:
Keith Brown at (202) 564-7124 for NSPS subpart UUU, Calciners and 
Dryers in Mineral industries and NSPS 

[[Page 50571]]
subpart LL, Metallic Mineral processing Plants; Tom Ripp at (202) 564-
7003 for NSPS subpart J, Petroleum Refineries; and Maria Malave at (202 
 564-7027 for NSPS subpart N, Primary Emissions from Basic Oxygen 
Process Furnaces and NSPS subpart Na, Basic Oxygen Process Stellmaking 
Facilities. The fax number for all contacts is (202) 564-0050.

SUPPLEMENTARY INFORMATION: 
    Affected Entities: Entities potentially affected by this action are 
those which are subject to NSPS subpart UUU, Calciners and Dryers in 
Mineral Industries; NSPS subpart LL, Metallic Mineral Processing 
Plants; NSPS subpart J, Petroleum Refineries; NSPS subpart N, Primary 
Emissions from Basic Oxygen Process Furnaces; and NSPS subpart Na, 
Basic Oxygen Process Steelmaking Facilities.

NSPS Subpart UUU, Calciners and Dryers in Mineral Industries

    Affected Entities: are those which are subject to NSPS subpart UUU, 
Calciners and Dryers in Mineral Industries with the exceptions listed 
in 40 CFR 60.730 (a) and (b).
    Title: NSPS subpart UUU, Calciners and Dryers in Mineral 
Industries, OMB number 2060-0251, expires March 31, 1996.
    Abstract: This ICR contains recordkeeping and reporting 
requirements that are mandatory for compliance with 40 CFR Part 60.730, 
Subpart UUU, New Source Performance Standards for Calciners and Dryers 
in Mineral Industries. This information notifies the Agency when a 
source become subject to the regulations, and informs the Agency that 
the source is in compliance when it begins operation. The Agency is 
informed of the sources; compliance status by semiannual reports. the 
calibration and maintenance requirements aid in a source remaining in 
compliance
    In the Administrator's judgement, particulate matter from calciners 
and dryers cause or contribute to air pollution that may reasonably be 
anticipated to endanger public health or welfare. Therefore, New Source 
Performance Standards have been promulgated for this source category as 
required under Section 111 of the Clean Air Act.
    The control of emissions of particulate matter requires not only 
the installation of properly designed equipment, but also the proper 
operation and maintenance of that equipment. These standards rely on 
the capture of pollutants vented to a control device.
    Owners or operators of calciners and dryers subject to NSPS are 
required to make initial notifications for construction, startup, and 
performance testing. They must also report the results of a performance 
test, and demonstration of a continuous monitoring system if 
applicable. After the initial recordkeeping and reporting requirements, 
semiannual reports are required if there has been an exceedance of 
control device operating parameters.
    Owners or operators 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 malfunction in the operation of 
the air pollution control device, or any periods during which the 
monitoring system is inoperative. These notifications, reports and 
records are required in general, of all sources subject to NSPS.
    Forty three new facilities are estimated to become subject to NSPS 
subpart UUU annually. Of those facilities 23 are expected to be exempt 
from any monitoring requirements and will only have to comply with 
initial notifications and performance tests.
    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 are listed in 40 CFR Part 9.
    The EPA would like to solicit comments to:
    (i) Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    (ii) evaluate the accuracy of the agency's estimate of the burden 
of the proposed collection of information, including the validity of 
the methodology and assumptions used;
    (iii) enhance the quality, utility, and clarity of the information 
to be collected; and
    (iv) minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses.
    Burden Statement: The current ICR estimates the cost per respondent 
for the first year to be $15,850. This is based on a total average 
annual burden of 21,636 person hours for 43 respondents with an average 
wage of $15 per hour and 110% overhead. The burden for future years is 
greatly reduced because the initial notifications and initial 
performance tests are not required in subsequent years. This burden can 
range from 0 hours to 78 hours depending on the type of calciner or 
dryer employed and the monitoring requirements associated with that 
piece of equipment. This estimate includes the time needed to review 
instructions; develop, acquire, install, and utilize technology and 
systems for the purposes of collecting, validating, and verifying 
information, processing and maintaining information, and disclosing and 
providing information; adjust the existing ways to comply with any 
previously applicable instructions and requirements; train personnel to 
be able to respond to a collection of information; search data sources; 
complete and review the collection of information; and transmit or 
otherwise disclose the information.
    The following is a breakdown of burden used in the ICR. Burden is 
calculated as two hours for respondents to write the reports for; 
notification of construction of reconstruction, notification of 
physical or operational changes, notification of anticipated startup, 
notification of actual startup, notification of initial performance 
test, notification of demonstration of COM. The ICR uses 330 burden 
hours for the initial performance test. It is assumed that 20% of all 
affected facilities will have to repeat performance tests. The ICR uses 
one hundred burden hours for demonstration of COM, and eighteen hours 
for Method 9. These are all one time only burdens. Four hours are used 
for semiannual recalibration of the COM.
    The recordkeeping burden is estimated to be 1.5 hours to enter 
records of startup, shutdown, and malfunction. It is assumed this will 
take place four times a year, with shutdowns twice a year for 
maintenance and twice a year for process malfunction. Records of 
information required by NSPS subpart UUU are estimated to take 1.5 
hours to record and will be recorded 48 times a year, assuming 48 weeks 
a year of operation. No additional third party burden is relevant.

NSPS Subpart LL, Metallic Mineral Processing Plants

    Title: NSPS subpart LL, Metallic Mineral Processing Plants, OMB 
number 2060-0016, expires March 31, 1996.
    Affected Entities: are listed at 40 CFR 60.380 (a), (b), and (c).
    Abstract: This ICR contains recordkeeping and reporting 
requirements that are mandatory for compliance with 40 CFR Part 60.380 
Subpart LL, New Source Performance 

[[Page 50572]]
Standards for Metallic Mineral Processing Plants. This information 
notifies the Agency when a source becomes subject to the regulations, 
and informs the Agency that the source is in compliance when it begins 
operation.
    In the Administrator's judgment, particulate matter from the 
processing of metallic minerals cause or contribute to air pollution 
that may reasonably be anticipated to endanger public health or 
welfare. Therefore, New Source Performance Standards have been 
promulgated for this source category as required under Section 111 of 
the Clean Air Act.
    The control of emissions of particulate matter requires not only 
the installation of properly designed equipment, but also the proper 
operation and maintenance of that equipment. These standards rely on 
the capture of pollutants vented to a control device.
    Owners or operators of Metallic Mineral Processing Plants subject 
to NSPS are required to make initial notifications for construction, 
startup, and performance testing. They must also report the results of 
a performance test, and demonstration of a continuous monitoring system 
if applicable. Owners or operators 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 malfunction in 
the operation of the air pollution control device, or any periods 
during which the monitoring system is inoperative. These notifications, 
reports and records are required in general, of all sources subject to 
NSPS. NSPS subpart LL does not have any additional reporting 
requirements.
    Any 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 are listed in 40 CFR Part 9.
    The EPA would like to solicit comments to:
    (i) evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    (ii) evaluate the accuracy of the agency's estimate of the burden 
of the proposed collection of information, including the validity of 
the methodology and assumptions used;
    (iii) enhance the quality, utility, and clarity of the information 
to be collected; and
    (iv) minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses.
    Burden Statement: At the writing of the previous ICR there were 15 
sources currently subject to the standards. It is estimated that 1.4 
additional sources per year will become subject to the standard. The 
current ICR estimates the cost per respondent to be $3,232 for the 
initial year. This is based on a total average annual burden of 1,911 
person hours for 18 respondents with an average wage of $14.50 per hour 
and 110% overhead.
    The following is a breakdown of burden used in the ICR. Burden is 
calculated as two hours for respondents to write the reports for; 
notification of construction or reconstruction, notification of 
physical or operational changes, notification of anticipated startup, 
notification of actual startup, notification of initial performance 
test, notification of demonstration of COM. Initial performance tests 
are allocated 330 burden hours. It is assumed that 20% of all affected 
facilities will have to repeat performance tests. The ICR allocates 
four hours for Method 9. These are all one time only burdens.
    Recordkeeping is the only ongoing burden associated with this ICR. 
The recordkeeping burden is estimated to be 15 minutes to enter records 
of operating parameters. It is assumed that the plant will operate 250 
days a year, therefore, this information will be recorded 250 times a 
year. There is no additional third party burden relevant to this ICR.

NSPS Subpart J: Standards of Performance for Petroleum Refineries

    Title: NSPS subpart J: Standards of Performance for Petroleum 
Refineries, OMB number 2060-0022, expires March 31, 1996.
    Affected Entities: Entities potentially affected by this action are 
fluid catalytic cracking unit catalyst regenerators, fuel gas 
combustion devices and all Claus sulfur recovery plants except Claus 
plants of 20 long tons per day or less at petroleum refineries.
    Abstract: Owners or operators of the affected facilities described 
must make the following one-time-only reports: Notifications of the 
anticipated and actual date of startup, notification of the date of 
construction or reconstruction, notification of any physical or 
operational change to an existing facility which may increase the 
emission rate of any regulated air pollutant, notification of the date 
upon which demonstration of the continuous monitoring system 
performance commences, notification of the date of the initial 
performance test, and results of the performance tests.
    Owners or operators 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 malfunction in the operation of 
the air pollution control device, or any periods during which the 
monitoring system is inoperative. These notifications, reports and 
records are required in general, of all sources subject to NSPS.
    Recordkeeping and reporting requirements specific to refineries 
consist mainly of recording the average coke burn-off rate, the rate of 
fuel combustion, and the hours of operation on a daily basis. The owner 
or operator is also required to install a continuous emission monitor 
and record the emission levels of opacity, carbon monoxide, and sulfur 
dioxide or hydrogen sulfide. Owners or operators are required to report 
all periods of emissions in excess of the standard.
    In the Administrator's judgment, particulate matter, carbon 
monoxide and sulfur dioxide from petroleum refineries cause or 
contribute to air pollution that may reasonably be anticipated to 
endanger public health or welfare. Therefore, New Source Performance 
Standards have been promulgated for this source category as required 
under Section 111 of the Clean Air Act.
    The control of emissions of particulate matter, carbon monoxide and 
sulfur dioxide from petroleum refineries requires not only the 
installation of properly designed equipment, but also the proper 
operation and maintenance of the that equipment. These standards rely 
on the capture of pollutants vented to a control device.
    To ensure compliance with these standards, the required records and 
reports are necessary to enable the Administrator: (1) To identify new, 
modified, or reconstructed sources subject to the standard; (2) to 
ensure that the emission limits are being achieved; and (3) to ensure 
that emission reduction systems are being operated and maintained 
properly. In the absence of such information collection requirements, 
enforcement personnel would be unable to determine whether the 
standards are being met on a continuous basis, as required by the Clean 
Air Act and in accordance with any applicable permit.
    An Agency may not conduct or sponsor, and a person is not required 
to 

[[Page 50573]]
respond to, a collection of information unless it displays a currently 
valid OMB control number. The OMB control numbers for EPA's regulations 
are listed in 40 CFR Part 9.
    The EPA would like to solicit comments to:
    (i) evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    (ii) evaluate the accuracy of the agency's estimate of the burden 
of the proposed collection of information, including the validity of 
the methodology and assumptions used;
    (iii) enhance the quality, utility, and clarity of the information 
to be collected; and
    (iv) minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses.
    Burden Statement: The Agency computed the burden for each of the 
recordkeeping and reporting requirements applicable to the industry for 
the currently approved 1992 Information Collection Request (ICR). Where 
appropriate, the Agency identified specific tasks and made assumptions, 
while being consistent with the concept of burden under the Paper 
Reduction Act.
    The estimate was based on the assumption that there would be seven 
new affected facilities each year and that there was an average of 146 
sources in existence for the three years covered by the ICR. For the 
new sources, it was estimated that it would take: seven person-hours to 
read the instructions, 3890 person-hours to gather the information to 
write the initial reports and 1285 person-hours to conduct the initial 
performance tests (assuming that 20% of the tests must be repeated). 
For all sources, it was estimated that it would take: 146 person-hours 
to fill out quarterly and semiannual emission reports (assuming 65% of 
the sources will have at least one quarter with excess emissions and 
that 35% of the sources will have to report semiannually.) and 12,775 
person-hours to enter information for records of operating parameters 
(assuming a source operates 350 days per year and that it takes .25 
hours per occurrence).
    The average annual burden to industry over the past three year 
period from recordkeeping and reporting requirements had been estimated 
at 18,103 person-hours. The respondents costs was calculated on the 
basis of $14.50 per hour plus 110 percent overhead. The average annual 
burden to industry over the past three years was estimated to be 
$551,236.
    This estimate includes the time needed to review instructions; 
develop, acquire, install, and utilize technology and systems for the 
purposes of collecting, validating, and verifying information, 
processing and maintaining information, and disclosing and providing 
information; adjust the existing ways to comply with any previously 
applicable instructions and requirements; train personnel to be able to 
respond to a collection of information; search data sources; complete 
and review the collection of information; and transmit or otherwise 
disclose the information. For the new ICR, cost estimates for the 
required monitoring systems will need to be included in the overall 
burden estimate. No additional third party burden is relevant to this 
ICR.

NSPS Subpart N: New Source Performance Standards (NSPS) for Basic 
Oxygen Process Furnaces and NSPS Subpart Na: New Source Performance 
Standards (NSPS) for Basic Oxygen Process Furnaces at Steelmaking 
Facilities.

    Title: NSPS Subpart N, Na: New Source Performance Standards (NSPS) 
for Basic Oxygen Process Furnaces; OMB No. 2060-0029; Expiration Date--
March 31, 1996.
    Affected Entities: Entities potentially affected by this action are 
each basic oxygen process furnace (BOPF) in a steel plant (Subpart N--
addresses primary emissions from BOPF), and any top-blow BOPF and hot 
metal transfer station or skimming station used for a bottom-blown or 
top-blown BOPF (Subpart Na--addresses secondary emission from BOPF).
    Abstract: The EPA is charged under Section 111 of the Clean Air 
Act, as amended, to establish standards of performance for new 
stationary sources based on the best demonstrated technology (BDT). 
Section 111 also requires that the Administrator review, and, if 
appropriate revise such standards every four years. In addition, 
Section 114(a) states that:

    * * * the Administrator may require any owner or operator 
subject to any requirement of this act to: (1) Establish and 
maintain such records, (2) make such reports, (3) install, use and 
maintain such monitoring equipment or methods (in accordance with 
such methods at such locations, at such intervals, and in such 
manner as the Administrator shall prescribe), (4) provide such 
other, information, as he may reasonably require.

    New Source Performance Standards were promulgated for basic oxygen 
process furnaces on June 11, 1973 and amended on January 2, 1986 to 
include both primary emissions and secondary emissions from these 
sources. An opacity limit was promulgated on April 13, 1978, as a 
supplement to the mass standard. In the Administrator's, judgment, 
these standards were required to address particulate matter emissions 
from BOPFs in iron and steel plants which contribute to air pollution 
that may reasonably be anticipated to endanger public health or 
welfare.
    To ensure compliance with such standards adequate recordkeeping is 
necessary. In the absence of such information enforcement personnel 
would be unable to determine whether the standards are being met on a 
continuous basis, as required by the Clean Air Act.
    The Standards require daily recordkeeping to document process 
information relating to the time and duration of each steel production 
cycle and any diversion of exhaust gases from the main stack servicing 
the BOPF, as well as, of the various rates or levels of exhaust 
ventilation at each phase of the cycle through each duct of the 
secondary emission capture system (specified in 40 CFR 60.143, and 40 
CFR 60.143a). Generally, this information will be readily available 
because it is needed for plant records. Therefore, there is no 
increased burden to industry on this requirement. Information on 
pressure losses through the venturi constriction of the control 
equipment, and water supply pressure to the control equipment would be 
recorded continuously for facilities using venturi scrubbers, thus 
enabling owners and operators to demonstrate compliance with the 
standards. This information will be used to compare recorded pressures 
to those pressures measured during performance test so that comparisons 
can be made to their emissions thus ensuring continuous compliance with 
the standard. The semiannual reporting requirement (specified in 40 CFR 
60.143(c) and 60.143a (d) & (e)) for monitoring results (i.e., pressure 
loss through the venturi constriction of the scrubber and water supply 
pressure to the scrubber) which average more than ten percent below 
performance test results provides a good indication of a source's 
compliance status. EPA reduced the reporting frequency for this 
information from quarterly to semiannually in a December 1990 Federal 
Register Notice. The 

[[Page 50574]]
reduction in reporting frequency was respondent to the Office of 
Management and Budget's (OMB's) previous questions regarding the need 
for quarterly versus semiannual reporting.
    The standards require initial notification reports with respect to 
construction, modification, reconstruction, startups, shutdowns, and 
malfunctions (specified in 40 CFR 60.7(a)).
    Notification of construction and startup indicated to enforcement 
personnel when a new affected facility has been constructed and, 
therefore, is subject to the standard.
    Under the standard, the data collected by the affected industry is 
retained at the facility for a minimum of two years.
    As mentioned above, if the information required by the standards 
were not collected, the Agency would have no means for ensuring that 
compliance with the NSPS is achieved and maintained by new, modified, 
or reconstructed sources subject to the regulations. An owner or 
operator could elect to reduce operating expenses by not installing, 
maintaining, or otherwise operating the control technology required by 
the standards. In the absence of the information collection 
requirements, compliance with the standards could be ensured only 
through continuous on-site inspections by regulatory agency personnel. 
Consequently, not collecting the information would result in either 
greatly increased expenditures of resources, or the inability to ensure 
compliance with the standards.
    The information collected from recordkeeping and reporting 
requirements is also used for targeting inspections, and is of 
sufficient quality to be used as evidence in court.
    All reports are sent to the delegated State or local level 
authority. In the event that there is no such delegated authority, the 
reports are sent directly to the EPA Regional Office.
    In addition to reviewing notifications or semiannual reports, the 
reviewing authority may elect to also conduct inspections. After a 
notification, Agency personnel may want to conduct an inspection to 
ensure that the equipment is properly installed and operated, as was 
indicated in the performance test report. Agency personnel may also 
conduct periodic inspections to obtain additional data, as a check for 
source operation and maintenance and for compliance determinations.
    The data that is gathered from inspections is summarized and 
published for internal Agency use in compliance and enforcement 
programs. Information from the reports is entered into the Aerometric 
Information Retrieval System (AIRS) Facility Subsystem (AFS) which is 
operated and maintained by EPA's Office of Air Quality, Planning and 
Standards.
    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 are listed in 40 CFR Part 9.
    The EPA would like to solicit comments to:

    (i) evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    (ii) evaluate the accuracy of the agency's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumptions used;
    (iii) enhance the quality, utility, and clarity of the 
information to be collected; and
    (iv) minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., 
permitting electronic submission of responses.

    Burden Statement: The Agency computed the burden for each of the 
recordkeeping and reporting requirements applicable to the industry for 
the currently approved 1992 Information Collection Request (ICR). Where 
it was appropriate, the Agency identified specific tasks and made 
assumptions, while being consistent with the concept of burden under 
the Paper Work Reduction Act.
    The estimate for reporting and recordkeeping burden includes the 
time needed to review instructions; develop, acquire, install, and 
utilize technology and systems for the purposes of collecting, 
validating, and verifying information, processing and maintaining 
information, and disclosing and providing information; adjust the 
existing ways to comply with any previously applicable instructions and 
requirements; train personnel to be able to respond to a collection of 
information; search data sources; complete and review the collection of 
information; and transmit or otherwise disclose the information.
    The estimate was based on the assumption that 14 sources were 
subject to the standard and that an additional 0.6 sources per year 
became subject to the standard over the past three years.
    The average annual burden to industry over the past three year 
period, since the currently approved ICR, from recordkeeping and 
reporting requirements had been estimated at 1,547 person-hours. The 
respondents costs was calculated on the basis of $14.50 per hour plus 
110 percent overhead. The average annual burden to industry over the 
past three years was estimated to be $47,112.
    The following is a breakdown of burden used in the ICR. Burden is 
calculated as two hours for respondents to write the reports for; 
notification of construction or reconstruction, notification of 
physical or operational changes, notification of anticipated startup, 
notification of actual startup, notification of initial performance 
test, notification of demonstration of COM. Initial performance tests 
are allocated 72 burden hours. It is assumed that 20% of all affected 
facilities will have to repeat performance tests. The ICR allocates 
four hours for Method 9 tests and assumed there will be approximately 
30. These are all one time only burdens. It is assumed that all sources 
use venturi scrubbers for pollution control and half of the affected 
facilities have reportable low pressures. Ten burden hours are assumed 
for the low pressure measurement report.
    Recordkeeping is the only ongoing burden associated with this ICR. 
The recordkeeping burden is estimated to be 15 minutes to enter records 
of operating parameters. It is assumed that the plant will operate 365 
days a year, therefore, this information will be recorded 365 times a 
year. There is no additional third party burden relevant to this ICR.

    Dated: September 22, 1995.
Eric Schaeffer,
Acting Director, Office of Compliance Official.
FR Doc. 95-24275 Filed 9-28-95; 8:45 am]
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