[Federal Register Volume 63, Number 68 (Thursday, April 9, 1998)]
[Notices]
[Pages 17406-17409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9390]


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ENVIRONMENTAL PROTECTION AGENCY

[AD-FRL-5993-7]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; Electric Utility Steam Generating Unit Mercury 
Emissions Collection Effort

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 document announces that EPA is planning to submit the 
following proposed Information Collection Request (ICR) to the Office 
of Management and Budget (OMB): Electric Utility Steam Generating Unit 
Mercury Emissions Information Collection Effort Information Collection 
Request; EPA ICR No. 1858.01. Before submitting the ICR to OMB for 
review and approval, EPA is soliciting comments on specific aspects of 
the proposed information collection as described below.

DATES: Comments must be submitted on of before June 8, 1998.

ADDRESSES:Comments. Comments should be submitted (in duplicate, if 
possible) to: U.S. Environmental Protection Agency, Air and Radiation 
Docket and Information Center (6102), Attention Docket No. A-92-55, 
Room M-1500, 401 M Street, S.W., Washington, D.C. 20460. The EPA 
requests that a separate copy also be sent to Mr. William Maxwell, 
Combustion Group (MD-13), U.S. Environmental Protection Agency, 
Research Triangle Park, North Carolina 27711.

Copies of ICR

    The draft ICR and other relevant materials, including the draft 
supporting statement, are available from the docket at the above 
address in Room M-1500, Waterside Mall (ground floor), phone number 
(202) 260-7548. A reasonable fee may be charged for copying. The docket 
is open for public inspection and copying between 8:00 a.m. and 4:00 
p.m., Monday through Friday, except for Federal holidays. Copies of the 
draft ICR may also be obtained free of charge from the EPA's website 
listing Federal Register Notices at ``http://www.epa.gov/ttn/oarpg/
t3pfpr.html'' or by contacting one of the people listed below.

Public Meeting

    The EPA plans to hold a public meeting in Washington, D.C., at 
which time interested parties can provide comment on this ICR. A 
document will be published in the near future in the Federal Register 
announcing the date, time, and location of this meeting.

FOR FURTHER INFORMATION CONTACT: For information concerning specific 
aspects of this ICR, contact Mr. William Maxwell [telephone number 
(919) 541-5430; facsimile number (919) 541-5450; e-mail 
``[email protected]''], Combustion Group, Emission Standards 
Division (MD-13); or Mr. William Grimley [telephone number (919) 541-
1065; facsimile number (919) 541-1039; e-mail 
``[email protected]''], Emission Measurement Center,

[[Page 17407]]

Emission Monitoring and Analysis Division (MD-19), U.S. Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711.

SUPPLEMENTARY INFORMATION:
    Affected entities: Entities potentially affected by this action are 
owners and operators of coal-fired electric utility steam generating 
units as defined by section 112(a)(8) of the Clean Air Act, as amended 
(the Act).
    Title: Electric Utility Steam Generating Unit Mercury Emissions 
Information Collection Effort Information Collection Request; EPA ICR 
No. 1858.01.
    Abstract: Section 112(n)(1)(A) of the Act requires EPA to perform a 
study of the hazards to public health reasonably anticipated to occur 
as a result of emissions by electric utility steam generating units of 
hazardous air pollutants (HAPs) after imposition of the requirements of 
the Act and to prepare a Report to Congress containing the results of 
the study. The Agency is to proceed with rulemaking activities under 
section 112 to control HAP emissions from utilities if EPA finds such 
regulation is appropriate and necessary after considering the results 
of the study. The study has been completed and the Final Report to 
Congress was issued on February 24, 1998.
    In the Final Report to Congress, the EPA stated that mercury is the 
HAP emission of greatest potential concern from coal-fired utilities 
and that additional research and monitoring are merited. The EPA also 
listed a number of research needs related to such mercury emissions. 
These include obtaining additional data on the mercury content of 
various types of coal as burned in electric utility steam generating 
units and additional data on mercury emissions to the atmosphere (e.g., 
how much is emitted from various types of units; how much is divalent 
vs. elemental mercury; and how do factors such as control device, fuel 
type, and plant configuration affect emissions and speciation).
    As indicated above, section 112(n)(1)(A) of the Act requires the 
Administrator to regulate electric utility steam generating units under 
section 112 if the Administrator finds that such regulation is 
appropriate and necessary after ``considering the results of the 
study'' noted above. The Administrator interprets the quoted language 
as indicating that the results of the study are to play a principle, 
but not exclusive, role in informing the Administrator's decision as to 
whether it is appropriate and necessary to regulate electric utility 
steam generating units under section 112. The Administrator believes 
that in addition to considering the results of the study, she may 
consider any other available information in making her decision. The 
Administrator also believes that she is authorized to collect and 
evaluate any additional information which may be necessary to make an 
informed decision.
    After carefully considering the Final Report to Congress, the 
Administrator has concluded that obtaining additional information under 
the authority of section 114 of the Act prior to making the required 
determination is appropriate. In the Final Report to Congress, the EPA 
stated that at this time, the available information, on balance, 
indicates that utility mercury emissions are of sufficient potential 
concern for public health to merit further research and monitoring. The 
EPA acknowledged that there are substantial uncertainties that make it 
difficult to quantify the magnitude of the risks due to utility mercury 
emissions, and that further research and/or evaluation would be needed 
to reduce those uncertainties. The EPA believes that among those 
uncertainties are: (i) the actual cumulative amount of mercury being 
emitted by all electric utility steam generating units on an annual 
basis; (ii) the speciation of the mercury which is being emitted; and, 
(iii) the effectiveness of various control technologies in reducing the 
volume of each form of mercury which is emitted.
    To address the question of the cumulative amount of mercury 
potentially being emitted by all electric utility steam generating 
units on an annual basis, the EPA believes that it is necessary to 
require the owners/operators of all such units to provide information 
on the mercury content of the coal burned in each unit as well as the 
volume of coal burned in each unit. Thus, the ICR includes a 
requirement for the owners/operators of all coal-fired electric utility 
steam generating units with a capacity greater than 25 megawatts 
electric (MWe) to periodically measure the mercury content of the coal 
which they burn on a weekly basis and report the results together with 
the corresponding volume of coal burned in each unit.
    In preparing the Final Report to Congress, the Agency had available 
mercury emission data from a number of utility boilers. These data 
included measurements of the mercury emitted during various stages of 
the process (e.g., exiting the boiler, exiting the various control 
devices). Research conducted during the period between acquisition of 
these data and release of the report has highlighted the importance of 
the specific valence state of the emitted mercury on the ability of a 
particular control device to remove mercury from the exhaust gas 
stream. In addition, advances have been made in emission testing 
methodologies that more accurately differentiate among the various 
species of mercury that may be emitted from an electric utility steam 
generating unit. Thus, the ICR also includes provisions for acquiring 
additional speciated mercury data on both controlled and uncontrolled 
air emissions so that the relationship between mercury content and 
other characteristics of the coal, the species of mercury formed in the 
boiler, and the mercury removal performance of various control devices 
may be further evaluated.
    Although the actual variables that affect mercury speciation are 
still being determined in ongoing research efforts, two variables that 
appear to have an effect are coal characteristics and scrubber type. 
For purposes of grouping the coal-fired units (boilers) into 
categories, these two variables were used so that a more representative 
sample of coal-fired units can be selected for testing. Coal 
characteristics are related to the coal type, which is defined as 
either bituminous (including anthracite for this ICR), subbituminous, 
or lignite. Scrubber type is defined as either a dry-scrubber (of any 
type/model), wet-scrubber (of any type/model), or no scrubber at all.
    ICR Description: To address the issues related to coal 
characteristics, this ICR requires that the owner/operator of each 
facility at which one or more individual coal-fired unit(s) (boiler(s)) 
is (are) located (there are approximately 421 nationwide) provide 
periodic analyses of all coals fired. This would be accomplished by 
obtaining weekly as-fired coal analyses from each distinct coal storage 
pile, including silos, etc., in use at the facility, rather than from 
each boiler located at the facility. In this way, information will be 
provided from which the amount of mercury entering each of the 
approximately 1,017 coal-fired boilers (nationwide) may be estimated at 
a minimum burden level for any given facility. It would also be 
necessary to measure and record the amount of coal burned in each week 
and identify the source of the coal (e.g., State, seam, etc.). Each 
coal sample would be analyzed using one of several standardized 
analytical methods for mercury, chlorine, and other specified items. 
These analyses would be obtained either by direct sampling and analysis 
by each owner/operator or by submission of suitable analyses

[[Page 17408]]

provided by the coal supplier. Analyses performed by the coal supplier 
would not be considered suitable if the coal would subsequently be 
cleaned at the facility where the electric utility steam generating 
unit(s) is (are) located. The Agency will ultimately apply appropriate 
correction factors to these data to derive a reasonable estimate of the 
total amount of mercury emitted by each coal-fired electric utility 
steam generating unit on an annual basis. To better evaluate whether 
mercury emissions from coal-fired electric utility steam generating 
units vary over time and to provide information to the public on 
mercury emissions over time, the Agency is considering requiring coal 
sampling and emissions reporting to be conducted for a number of years.
    To address the issues related to scrubber type, this ICR also 
requires that quarterly, triplicate simultaneous before/after control 
device stack sampling be performed by a subset of boilers using a 
specified mercury speciation method. During the stack testing, a 
statistically appropriate number of coal samples would be required to 
be collected for analysis. When dealing with a large population 
(approximately 1,017 individual boilers) of this nature with 
consideration being made for the cost of the data collection effort 
(which involves sampling the fewest number of units possible without 
compromising the integrity of the data being collected), a 
statistically representative sample is considered to be 30. These 
samples can be selected in one of two ways: equally among the viable 
categories or proportional allocation of sample to stratified 
population (units within each category). The universe of boilers was 
divided into nine scrubber type/coal characteristic categories. One 
possible category had no members, leaving eight viable categories. A 
proportional allocation methodology was selected, with provisions being 
made for having at least two members selected from each category 
(assessing one sample would provide no basis for comparison).
    A random selection process will be used to determine what units are 
required to participate in this testing program. If possible, once a 
unit from a particular site (facility) has been selected, no other 
unit(s) at that site will be chosen for that particular category (i.e., 
some facilities have units with different scrubber types or that burn 
coal from different sources). This will provide the Agency with more 
information from a larger number of facilities. Appropriate quality 
assurance/quality control (QA/QC) procedures would be required for each 
part of the ICR.
    Burden Statement: 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.
    The total annual reporting and recordkeeping burden for this ICR is 
estimated to be 40,516 hours and $14,659,264. This is the estimated 
burden for 421 facilities to provide coal analyses (assuming no more 
than two coal storage piles per facility) and 30 units to provide 
speciated mercury emission data. The average annual base reporting and 
recordkeeping burden and cost for this information collection for 
facilities having units subject only to the first component of the 
mercury emissions data gathering effort is 37 hours and $22,925. The 
average annual per electric utility steam generating unit base 
reporting and recordkeeping burden and cost for this information 
collection for units subject to the second component of the mercury 
emissions data gathering effort is 174 hours and $166,928. This ICR 
does not include any requirements that would cause the respondents to 
incur either capital and start-up costs or operation and maintenance 
costs. The EPA has assumed that all respondents will contract (i.e., 
purchase services) for the weekly coal analyses and for the quarterly 
stack testing. These costs are $8,804,800 for the coal analyses and 
$4,800,000 for the stack testing.

Request for Comments

    The EPA solicits comments on the following aspects of the ICR 
itself.
    1. Will the information that the Agency proposes to collect have 
practical utility in informing the Administrator's decision on whether 
it is appropriate and necessary to regulate HAP emissions from electric 
utility steam generating units under section 112 of the Act?
    2. Is the Agency's estimate of the burden of the proposed 
collection of information, including the validity of the methodology 
and assumptions used, accurate?
    3. Are there ways to enhance the quality, utility, and clarity of 
the information to be collected?
    4. How can the Agency best minimize the burden of the collection of 
information on those who are to respond? 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)?
    The Agency also solicits comment on the following specific 
technical issues.
    1. What is the exact amount, representativeness, and sufficiency of 
information on the mercury content of as-fired coal that already 
exists?
    2. To what extent are analyses of mercury in as-fired coal 
currently being performed?
    3. Do coal analyses performed on cleaned coal by coal suppliers 
accurately represent as-fired coal to the same degree as analyses of 
actual on-site samples?
    4. What factors could increase or decrease the number of individual 
samples needed to identify with reasonable certainty an average annual 
mercury in coal value for a particular unit?
    5. What is the minimum number of individual samples required for a 
particular unit to identify with reasonable certainty an average annual 
mercury in coal value?
    6. Would a statistical sampling approach provide comprehensive data 
on the mercury content of the total volume of as-fired coal burned in 
electric utility steam generating units comparable in quality and 
reliability to that obtained by requiring the sampling of all such 
coals?
    7. Could a particular facility be placed at a competitive 
disadvantage due to a disproportionate cost burden in either the coal 
or stack testing?
    8. What is the specific amount, representativeness, and sufficiency 
of information on the speciation of mercury in stack gases that already 
exists or is currently being collected?
    9. What difficulties in sampling at those sources selected for 
stack testing might occur due to unusual operating or physical 
characteristics?
    10. Would requiring coal sampling and analyses for more than one 
year provide information that would be valuable to the public, as well 
as allow the Agency to better evaluate whether the characteristics of 
the as-fired coal burned in electric utility steam generating units 
vary over time and the impact of any such variation on mercury

[[Page 17409]]

emissions? The Agency seeks comment also on how best to design a 
mercury monitoring protocol beyond the first year.
    Finally, the Agency requests comment on the following four general 
questions.
    1. Are there other approaches to obtaining the desired information 
that the Agency could take which would provide data of comparable, or 
better, quality at a reduced burden?
    2. Will the information which the Agency proposes to collect 
provide the Administrator with all of the information on the quantity 
and speciation of mercury emissions from electric utility steam 
generating units needed to determine whether it is appropriate and 
necessary to regulate HAP emissions from electric utility steam 
generating units under section 112 of the Act and to develop 
appropriate regulations if the Administrator determines that such 
regulation is appropriate and necessary?
    3. Does the population of electric utility steam generating units 
from which the Agency proposes to obtain information (i.e., 
approximately 1,017 coal-fired boilers at approximately 421 facilities) 
adequately reflect the true population that meets the section 112(a)(8) 
definition (i.e., a population that may include publicly-owned utility 
companies, rural electric cooperatives, investor-owned utility 
generating companies, and non-utility generators)?
    4. Is there any other information which the Agency should obtain to 
inform the Administrator's decision of whether it is appropriate and 
necessary to regulate HAP emissions from electric utility steam 
generating units under section 112 of the Act?
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information that is sent to ten or more 
persons unless it displays a currently valid OMB control number. The 
OMB control numbers for EPA's approved information collection requests 
are listed in 40 CFR part 9 and 48 CFR Chapter 15. This notice is the 
first step in obtaining approval for the ICR described above.

    Dated: April 3, 1998.
Richard D. Wilson,
Acting Assistant Administrator, Office of Air and Radiation.
[FR Doc. 98-9390 Filed 4-8-98; 8:45 am]
BILLING CODE 6560-50-P