[Federal Register Volume 63, Number 43 (Thursday, March 5, 1998)]
[Notices]
[Pages 10870-10874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5719]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5973-9]


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 proposed and/or continuing Information Collection Requests 
(ICRs) to the Office of Management and Budget (OMB). Before submitting 
the 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 May 4, 1998.

ADDRESSES: Office of Enforcement and Compliance Assurance, Office of 
Compliance. People interested in getting copies of these ICRs should 
direct inquires or comments to the Office of Compliance, Mail Code 
2224A, 401 M Street S.W., Washington, D.C. 20460. Information may also 
be acquired electronically through the Enviro$en$e Bulletin Board, 
(703) 908-2092 or the Enviro$en$e WWW/Internet Address, http//
wastenot.inel.gov./envirosense/. All responses and comments will be 
collected regularly for Enviro$en$e.

FOR FURTHER INFORMATION CONTACT: Stephen Howie, (202) 564-4146, 
facsimile number (202) 564-0085, e-mail: 
([email protected].), for Producers of Pesticides; Scott 
Throwe, (202) 564-7013, Facsimile number (202) 564-0050, e-mail: 
([email protected].), for NSPS Subpart F, Portland Cement; 
Dan Chadwick, (202) 564-7054, Facsimile number (202) 564-0050, e-mail 
([email protected]), for NSPS Subpart Y, Coal Preparation; 
Stephen Howie, (202) 564-4146, Facsimile number (202) 564-0085, e-mail: 
([email protected]), for NSPS Subpart NN, Phosphate Rock; 
Maria Malave, (202) 564-7027, Facsimile number (202) 564-0050, e-
mail(MALAVE.MARIA @EPAMAIL. EPA.GOV.), for NSPS Subpart VVV, Polymeric 
Coating of Supporting; and Virginia Lathrop, 202/564-7057, Facsimile 
number 202/564-0050, e-mail: (lathrop.virginia @epamail. epa.gov.), for 
NESHAP Subpart Y, Marine Vessel Loading.

SUPPLEMENTARY INFORMATION:

Producers of Pesticides, Recordkeeping Requirements for Producers 
of Pesticides Under Section 8 of the Federal Insecticide, 
Fungicide, and Rodenticide Act as amended (FIFRA)

    Affected entities: Entities potentially affected by this action are 
those which produce pesticides.
    Title: Recordkeeping Requirements for Producers of Pesticides under 
section 8 of the Federal Insecticide, Fungicide, and Rodenticide Act as 
amended (FIFRA). OMB Control Number 2070-0028, expires 8/31/98.
    Abstract: Section 8 of the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA) states that the Administrator of the 
Environmental Protection Agency may prescribe regulations requiring 
producers, registrants and applicants for registration to maintain such 
records with respect to their operations and the effective enforcement 
of this Act as the Administrator determines are necessary for the 
effective enforcement of FIFRA and to make such records available for 
inspection and copying as specified in the statute. The regulations at 
40 CFR Part 169 (Books and Records of Pesticide Production and 
Distribution) specify the following records that producers must keep 
and the disposition of those records: production data for pesticides, 
devices, or active ingredients (including pesticides produced pursuant 
to an experimental use permit); receipt by the producer of pesticides, 
devices, or active ingredients used in producing pesticides; delivery, 
moving, or holding of pesticides; inventory; domestic advertising for 
restricted use pesticides; guarantees; exports; disposal; human 
testing; and tolerance petitions. Additionally, section 8 gives the 
Agency inspectional authority to monitor the validity of research data 
(including raw data), including data developed in accordance with Good 
Laboratory Practice Standards, and used to support pesticide 
registration. The EPA or States/Indian Tribes operating under 
Cooperative Enforcement Agreements make use of the records required by 
section 8 through periodically inspecting them to help determine FIFRA 
compliance of those subject to the provisions of the Act. In addition, 
producers themselves make use of such records in order to comply with 
reporting requirements under FIFRA section 7 and 40 CFR Part 167.85. 
(Those reporting requirements, concerning the types and amounts of 
pesticides produced annually at each producing site, are addressed in 
the ICR entitled ``Pesticide Report for Pesticide-Producing 
Establishments,'' OMB Docket Number 2000-0029.)
    Since most of the records required to be maintained are likely to 
be collected and maintained in the course of good business practice, 
the records are generally stored on site at either the establishment 
producing the pesticide or at the place of business of the person 
holding the registration. However, the registrant may decide to 
transfer records relating to disposal of pesticides and human testing 
to EPA for storage because of a twenty year retention requirement for 
the records. 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

[[Page 10871]]

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 average annual burden to industry for this 
collection of information is estimated to be 2 hours per response, 
including time for reviewing instructions, planning activities, 
gathering and reviewing for accuracy, and storing or maintaining the 
information. An estimated 12,336 producing establishments must respond 
annually to this burden, for a total burden of 24,672 hours. The 
estimated number of establishments for this ICR is based on the fact 
that there are 12,336 pesticide producing establishments currently 
registered with EPA. This is not significantly different from the 
12,683 establishments that were registered at the time of the last ICR 
renewal three years ago. EPA does not expect any significant changes in 
the regulatory program or in the industry that would change the number 
of producers during the next three years. Therefore, EPA believes that 
the current tally of registered establishments is a reliable estimate 
of the average number of respondents for the next three years. 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.

NSPS Subpart F, Portland Cement

    Affected entities: Entities potentially affected by this action are 
portland cement plants with the following facilities: kilns, clinker 
coolers, raw mill systems, raw mill dryers, raw material storage, 
clinker storage, finished product storage, conveyor transfer points, 
bagging and bulk loading and unloading systems.
    Title: NSPS Subpart F, Portland Cement, OMB Control Number 2060-
0025, expires 8/31/98.
    Abstract: The Administrator has judged that PM emissions from 
portland cement plants cause or contribute to air pollution that may 
reasonably be anticipated to endanger public health or welfare. Owners/
operators of portland cement plants must notify EPA of construction, 
modification, startups, shut downs, date and results of initial 
performance test and excess emissions. In order to ensure compliance 
with the standards promulgated to protect public health, adequate 
reporting and 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.
    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 annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 6750 
hours. Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    Respondents/Affected Entities: 94.
    Estimated Number of Respondents: 72.
    Frequency of Response: 1.
    Estimated Number of Responses: 72.
    Estimated Total Annual Hour Burden: 6750 hours.
    Estimated Total Annualized Cost Burden: $342,019.20.

NSPS Subpart Y, Coal Preparation

    Affected entities: Entities potentially affected by this action are 
those coal preparation plants which process more than 200 tons per day 
for which construction is or was commenced after October 24, 1974.
    Title: New Source Performance Standards (NSPS) for Subpart Y, 
Standards of performance for Coal Preparation plants--Reporting and 
Recordkeeping, OMB Control Number 2060-0122, expires 8/31/98. This is a 
request for extension of a currently approved information collection.
    Abstract: This ICR is for an extension of an existing information 
collection in support of the Clean Air Act, as described under the 
general NSPS at 40 CFR 60.7--60.8 and the specific NSPS regulating 
emissions from coal preparation plants at 40 CFR 60.253. The 
information will be used by EPA to direct monitoring, inspection and 
enforcement efforts, thereby ensuring facility compliance with the 
NSPS.
    Owners and operators of all new facilities subject to this NSPS, 
estimated at 18 facilities per year, must provide EPA with:
    (1) Notification of the date of construction or reconstruction,
    (2) Notification of the anticipated and actual dates of the start 
up, and
    (3) Notification of the date for continuous monitoring system (CMS) 
demonstration. The EPA estimates the respondent universe to expand at 
an annual rate of 18 new facilities over the next 3 years.
    Owners and operators of all affected facilities must report to EPA: 
(1) Any physical or operational change to their facility which may 
result in an increase in the regulated pollutant emission rate. An 
estimated 18 existing facilities will submit reports of physical or 
operational changes each year, over the next three years. All 
facilities must maintain records on the facility operation that 
document: (1) The

[[Page 10872]]

occurrence and duration of any startups, shutdowns, and malfunctions; 
(2) measurements of particulate matter (PM) emissions; (3) pressure 
drops across any scrubber system; and (4) the initial performance test 
results of the CMS demonstration. All subject facilities must maintain 
records related to compliance for two years.
    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 1993 Information Collection Request(ICR). Where 
applicable, the Agency identified specific tasks and made assumptions, 
while being consistent with the concept of burden under the Paper 
Reduction Act.
    Public reporting burden for facilities subject to this collection 
of information is estimated to average 86.5 hours per response for new 
facilities and 12 hours per response for existing facilities including 
time for reviewing instructions, searching existing data sources, 
gathering and maintaining data, and completing and reviewing the 
collection of information. Public recordkeeping burden is estimated to 
average 26 hours per recordkeeper annually. The estimated number of 
respondents for this NSPS is 18 new facilities and 18 existing 
facilities. The frequency of response is one time for new facilities 
and occasionally for existing facilities.
    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.

NSPS Subpart NN, Phosphate Rock

    Affected entities: Entities potentially affected by this action are 
owners and operators of phosphate rock plants.
    Title: NSPS Subpart NN Phosphate Rock Plants. OMB Number 2060-0111, 
expires 08/31/98.
    Abstract: Particulate matter emissions from phosphate rock plants 
cause or contribute to air pollution that may reasonably be anticipated 
to endanger public health or welfare. Therefore, NSPS were promulgated 
for this source category.
    The control of emissions of particulate matter from phosphate rock 
plants requires not only the installation of properly designed 
equipment, but also the operation and maintenance of that equipment. 
Emissions of particulate matter from phosphate rock plants are the 
result of operation of the calciners, dryers, grinders, and ground rock 
handling and storage facilities. These standards rely on the capture of 
particulate emissions by a baghouse or wet scrubber.
    In order to ensure compliance with these 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.
    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 average annual burden to the industry over 
the next three years is estimated to be 2069 person hours. This is 
based on a total of 22 plants and an estimated per-plant burden of 
approximately 94 hours. This estimate assumes that all plants estimated 
to be in existence during the last ICR will operate throughout the next 
three years, and that no new plants will be constructed during the next 
three years. 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.

NSPS Subpart VVV, Polymeric Coating of Supporting

    Affected entities: Entities potentially affected by this action are 
facilities of each coating operation and any on-site coating mix 
preparation equipment used to prepare coatings for the polymeric 
coating of supporting substrates for which construction, modification 
or reconstruction after, April 30, 1987, the date of proposal.
    Title: New Source Performance Standards (NSPS) for the Polymeric 
Coating of Supporting Substrates Facilities, Part 60, Subpart VVV; OMB 
Control Number 2060-0181, expires 8/31/98.
    Abstract: In addition to the monitoring, recordkeeping and 
notification requirements specified in the General Provisions in 
Sec. 60.7(a), (b), (d) and (f), and Sec. 60.8(a) and (d), owners or 
operators are to comply with the requirements specified in NSPS Subpart 
VVV, as follows:
     Install and calibrate all monitoring devices required 
under the provisions of

[[Page 10873]]

Sec. 60.744 according to the manufacturer's specifications, prior to 
the initial performance test in location such that representatives' 
values of the monitored parameters will be obtained. The parameters to 
be monitored shall be continuously measured and recorded during each 
performance test.
     Maintain records of all measurements of performance test 
and results including estimates of projected and actual VOC use and 
monitored operating parameters use in demonstrating compliance, as 
required by Sec. 60.747. Records must be retained for at least 2 years.
     Reporting requirements include: (1) report on the initial 
compliance report that includes initial performance test results, the 
monthly schedule to be used in making compliance determinations, design 
and equipment specifications and compliance method; (2) semiannual 
reports of compliance and of statement of no exceedances; (3) 
semiannual reports of monitoring exceedance; and, (4) quarterly reports 
of periods of noncompliance recorded under Sec. 60.744(b) and (c).
     Any affected facility for which the amount of VOC used is 
less than 95 Mg per 12-month period is subject only to the requirements 
of Secs. 60.744(b), 60.747(b) and 60.747(c).
    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 1995 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. A burden means the total time, effort, or financial 
resources expended by persons to generate, maintain, retain, or 
disclose or provide information to or for a Federal agency. This 
includes the time needed to review instructions; develop, acquire, 
install, and utilize technology and systems for the purposes of 
collecting, validating, and verifying information, processing and 
maintaining information, and disclosing and providing information; 
adjust the existing ways to comply with any previously applicable 
instructions and requirements; train personnel to be able to respond to 
a collection of information; search data sources; complete and review 
the collection of information; and transmit or otherwise disclose the 
information.
    This estimate is based on the assumption that there would be 7 new 
affected facilities over the three years of the existing ICR and that 
there were approximately 31.2 sources in existence at the start of the 
three years covered by the ICR. The annual burden of reporting and 
recordkeeping requirements for facilities subject to Subpart VVV are 
summarized by the following information. The reporting requirements are 
as follows: Read Instructions (1 person-hour), Initial performance test 
(280 person-hours). It is assumed that 20% of tests are repeated due to 
failure. Estimates for report writing are: Notification of 
construction/reconstruction (2 person-hours), Notification of 
anticipated startup (2 person-hours), Notification of actual startup (1 
person-hour), Notification of initial performance test (2 person-
hours), Report of performance test (included in reporting requirements 
listed above), Monthly complying test (90 person-hours), Report of 
monitoring exceedances and periods of noncompliance (16 person-hours), 
Report of no excess emissions (8 person-hours), and Report of physical/
operational changes (4 person-hours). We assume to estimate the 
reporting requirement burden that: 1) 20 percent of sources report 
monitoring exceedances or periods of noncompliance quarterly, 2) 80 
percent of lines report no excess emissions semiannually, 3) operating 
parameters recorded 350 days per year, and 4) one occurrence per week 
of shutdown or malfunction. Records must be kept for a period of two 
years. The average burden to industry over the three years of the 
current ICR from these recordkeeping and reporting requirements was 
estimated to be 5,957.57 person-hours.

NESHAP Subpart Y, Marine Vessel Loading

    Affected entities: Entities potentially affected by this action are 
those which: are in the standard industrial code 4491, for Marine Cargo 
Handling.
    Title: Federal Standards for Marine Tank Vessel Loading and 
Unloading Operations, and National Emission Standards for Hazardous Air 
pollutants for Marine Tank Vessels Loading and unloading operations. 
OMB control number 2060-0289, expires 9/30/98. [40 CFR 63.560 et.seq.]
    Abstract: The respondents are owners or operators of new and 
existing marine tank vessel loading facilities that are in operation 
after promulgation of the federal standards and NESHAP in 1995. There 
are an estimated 1,500 marine tank vessels loading facilities 
nationwide. Of these approximately 20 have annual gasoline throughput 
greater than 10 million barrels (bbl) or annual crude oil throughput 
greater than 200 million bbl and are required to control emissions of 
volatile organic compounds (VOC) and hazardous air pollutants (HAP) 
under section 183(f) for the Clean Air Act (the ACT). These facilities 
would require the application of reasonably available control 
technology (RACT). Excluding the 20 facilities subject the RACT, 
approximately 85 facilities have annual HAP emissions of greater than 
15 tons and would be required to control emissions of HAP under Section 
112(d) of the Act. These facilities would be subject to NESHAP and 
would require the application of maximum available control technology 
(MACT). The number of new marine tank vessel loading facilities is 
expected to be low because no net growth is predicted for this 
industry.
    Facilities, required to install controls under these standards or 
that have to fulfill the applicable reporting and record keeping 
requirements of the general provisions of 40 CFR Part 63, submit the 
following reports: (1) initial notification of applicability report; 
(2) notification of intent to do performance testing and monitoring 
system performance evaluation: (3) initial notification of compliance 
status; (4) operation and Maintenance records (including inspection 
schedule); (5) monitoring records; and (6) annual reports of 
exceedences of the emission limits (ongoing compliance status reports). 
Annual reports of any

[[Page 10874]]

exceedences of monitored values and description and timing of steps 
taken to address the cause of the exceedances would also be required. 
These facilities must also maintain documentation that the vessels 
loaded at the facilities are vapor tight. Consistent with the general 
provisions of 40 CFR 63, all information will be make readily available 
to the Administrator or delegated state authority upon request for a 
minimum of 5 years.
    All reports are submitted to the respondent's state or Local agency 
whichever has been delegated enforcement authority by EPA. The 
information is used to determine that sources subject to RACT and MACT 
are achieving the standards.
    The EPA is required under Section 183(f) of the Act to regulate 
emissions of VOC and HAP. The EPA is also required under section 112(d) 
of the Act to regulate emissions of HAP listed in section 112(b). The 
predominant HAP emitted during vessel loading operations include 
hexane, benzene, toluene, and methanol. Other less frequently emitted 
HAP include xylenes and ethyl benzene.
    Certain records and reports are necessary to enable the 
Administrator to: (1) identify new, modified, reconstructed, and 
existing resources subject to the standards and (2) ensure that the 
standards, which are based on RACT and MACT, are being achieved. These 
records and reports are required under the general provisions of 40 CFR 
63 Subpart A (authorized under sections 101, 112, 114, 116, and 301 of 
the Clean Air Act as amended by public 101-549 [42 U.S.C. 7401, 
7412,7414, 7416, 7601]).
    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.
    All 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 (see 40 CFR part 2; 41 CFR 
36902, Sept. 1, 1997, amended by 43 FR 39999, Sept. 8, 1978 ; 43 FR 
42251, September 28, 1978; 44 FR 17674, March 23, 1979.).
    The primary industry Standard Industrial Classification code for 
this industry and respondents is 4491, for Marine Cargo Handling. The 
information collected by the Agency is used by Agency personnel to (1) 
identify new, modified, reconstructed , and existing sources subject to 
the standards; (2) ensure that RACT and MACT are being properly 
applied; and (3) ensure that emission control systems used by owner or 
operator to meet the standards are properly operated and maintained on 
a continual basis. In addition, records and reports are necessary to 
enable the Agency to identify facilities that may not be in compliance 
with the standards. Based on reported information, the Agency can 
decide which facilities should be inspected and what records or 
processes should be inspected at facilities. The records that 
facilities maintain would indicate to the Agency where the owners or 
operators are in compliance with the standards, and operating and 
maintaining control equipment properly. In order to minimize the 
burden, much of the information the Agency would need to determine 
compliance, is to be kept as records and would not need to be routinely 
reported to the Agency. EPA can determine compliance though inspections 
and review of the records.
    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: For respondents, the annual burden is for record 
keeping and reporting and is derived from estimates based on Agency 
experience with other standards. The labor rates and associated costs 
are based on estimated hourly rates of technical at $35, management at 
$51, and clerical at $16. The total recurring annual hours are 
approximately 28,100 and there are an additional approximately 44,000 
hours that will be incurred on a one time basis only. The estimated 
first year burden is 72,111 annual burden hours for reporting and 
record keeping. In the second and third years the estimates are 28,132 
hours for reporting and record keeping. The yearly average for the 
first 3 years is 42,792 hours. The average early burden per respondent 
is 42,792 / 105 = 408 hours. The total recurring annual costs are 
approximately $958,000 and there is an additional cost of approximately 
$1,500,000 that will be incurred on a one time only basis in the first 
year. The first year entails burden for existing resources which have 
one time activities, such as performing emission testing, submitting 
compliance status information reports, developing record keeping and 
implementation plans. The second and third years will not require these 
reports, but only burden hours for ongoing record keeping. So for each 
of these years the total recurring annual cost is estimated at 
$958,000.
    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 only cost for the Agency in this analysis is the user costs 
associated with analysis of the information reported annually by the 
sources. About 11,977 hours would be used annually to review reports or 
attend performance tests. This amounts to about $446,584 each year.

    Dated: February 24, 1998.
Elaine G. Stanley,
Director, Office of Compliance.
[FR Doc. 98-5719 Filed 3-4-98; 8:45 am]
BILLING CODE 6560-50-P