[Federal Register Volume 64, Number 157 (Monday, August 16, 1999)]
[Notices]
[Pages 44518-44521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21167]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6421-4]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; See List of ICRs Planned To Be Submitted in Section A

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

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 three continuing Information Collection Requests (ICR) 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 information collections as described at the beginning of 
Supplementary Information.

DATES: Comments must be submitted on or before October 15, 1999.

ADDRESSES: U.S. Environmental Protection Agency, Mail code 2223A, OECA/
OC/METD, 401 M Street, SW., Washington, D.C. 20460. A hard copy of an 
ICR may be obtained without charge by calling the identified 
information contact individual for each ICR in section B of the 
Supplementary Information.

FOR FURTHER INFORMATION CONTACT: For specific information on the 
individual ICRs see section B of the Supplementary Information.

SUPPLEMENTARY INFORMATION:

For All ICRs

    An Agency may not conduct or sponsor, and a person is not required 
to respond to, a collection information unless it displays a currently 
valid OMB control number. The OMB control numbers for EPA's regulations 
are displayed 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;
    (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 automated collection 
techniques or other forms of information technology, e.g., permitting 
electronic submission of responses.
    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.

A. List of ICRs Planned to be Submitted

    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 three continuing Information Collection Requests (ICR) to the 
Office of Management and Budget (OMB):
    (1) NSPS subpart L; New Source Performance Standards (NSPS) for 
Secondary Lead Smelters (40 CFR part 60, subpart L); EPA ICR No 
1128.05, OMB Control No. 2060-0080; Expires 01/31/00.
    (2) NSPS subparts KKK and LLL, New Source Performance Standards 
(NSPS) for Equipment Leaks of VOC from Onshore Natural Gas Processing 
Plants (40 CFR part 60, subpart KKK) and New Source Performance 
Standards (NSPS) for Onshore Natural Gas Processing: SO2 emissions (40 
CFR part 60, subpart LLL); EPA ICR No 1086.05, OMB Control No. 2060-
0120; Expires 01/31/00.
    (3) MACT subpart L; National Emission Standards for Coke Oven 
Batteries (40 CFR part 63, subpart L); EPA ICR No 1362.04, OMB Control 
No. 2060-0253; Expires 12/31/99.

B. Contact Individuals for ICRs

    (1) NSPS subpart L; New Source Performance Standards (NSPS) for 
Secondary Lead Smelters (40 CFR part 60, subpart L); Deborah Thomas at 
(202) 564-5041 or via E-mail at [email protected]; EPA ICR No. 
1128.05, OMB Control No. 2060-0080; Expires 01/31/00.
    (2) NSPS subparts KKK and LLL, New Source Performance Standards 
(NSPS) for Equipment Leaks of VOC from Onshore Natural Gas Processing 
Plants (40 CFR part 60, subpart KKK) and New Source Performance 
Standards (NSPS) for Onshore Natural Gas Processing: SO2 
emissions (40 CFR part 60, subpart LLL); Dan Chadwick at (202) 564-7054 
or via E-mail at [email protected]; EPA ICR No. 1086.05, OMB Control 
No. 2060-0120; Expires 01/31/00.
    (3) MACT subpart L; National Emission Standards for Coke Oven 
Batteries (40 CFR part 63, subpart L; Maria Malave at (202) 564-7027 or 
via E-mail to [email protected]. EPA ICR No. 1362.04, OMB Control 
No. 2060-0253; Expires 12/31/99.
    Information may also be acquired electronically through the 
Internet Web site at www.epa.gov/fedrgstr.

C. Individual ICRs

    (1) NSPS subpart L; New Source Performance Standards (NSPS) for 
Secondary Lead Smelters (40 CFR part 60, subpart L); EPA ICR No. 
1128.05, OMB Control No. 2060-0080; Expires 01/31/00.
    Affected Entities: Entities potentially affected by this action are 
secondary lead smelters. Specifically, the affected facility in each 
smelter is any pot furnace of more than 250 kg charging capacity, blast 
(cupola) furnaces, and reverberatory furnaces.
    Abstract: Secondary lead smelters produce elemental lead from 
scrap, providing the primary means for recycling lead-acid batteries 
(automotive) into useable products. Currently upwards of 95% of all 
lead-acid batteries are recycled by these facilities. Secondary lead 
smelters emit lead and non-lead particulate matter in quantities that, 
in the Administrator's judgement, cause or contribute to air pollution 
that may endanger public health or welfare. Consequently, New Source 
Performance Standards were promulgated for this source category. These 
standards rely on the proper installation, operation and maintenance of 
particulate control devices such as electrostatic precipitators or 
scrubbers.

[[Page 44519]]

    In order to ensure compliance with the standards, adequate 
recordkeeping and reporting is necessary. This information enables the 
Agency to: (1) identify the sources subject to the standard; (2) ensure 
initial compliance with emission limits; and (3) verify continuous 
compliance with the standard. Specifically, the rule requires an 
application for approval of construction, notification of startup, 
notification and report of the initial emissions test, and notification 
of any physical or operational change that may increase the emission 
rate. In addition, sources are required to keep records of all 
startups, shutdowns, and malfunctions.
    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. Consequently, these information collection requirements are 
mandatory, and the records required by this NSPS must be retained by 
the owner or operator for two years. In general, the required 
information consists of emissions data and other information deemed not 
to be private. However, any information submitted to the Agency for 
which a claim of confidentiality is made will be safeguarded according 
to the Agency policies set forth in Title 40, Chapter 1, part 2, 
subpart B--Confidentiality of Business Information (See 40 CFR part 2; 
41 FR 36902, September 1, 1976; amended by 43 FR 39999, September 8, 
1978; 43 FR 42251, September 28, 1978; 44 FR 17674, March 23, 1979).
    Burden Statement: In the previously approved ICR, the average 
annual burden to industry to meet these record-keeping and reporting 
requirements was estimated at 34.5 person-hours. This is based on an 
estimated 23 respondents. The average annual burden for reporting only 
is projected to be less than 10 hours. This is because virtually all 
reporting requirements apply to new facilities only, and no new 
secondary lead smelters are anticipated over the next three years. 
There is a chance that some existing facility might need to report a 
physical or operational change; however, these reports are very rare, 
and might only involve one facility over the three-year period, with a 
burden of less than 10 hours.
    (2) NSPS subparts KKK and LLL, New Source Performance Standards 
(NSPS) for Equipment Leaks of VOC from Onshore Natural Gas Processing 
Plants (40 CFR part 60, subpart KKK) and New Source Performance 
Standards (NSPS) for Onshore Natural Gas Processing: SO2 
emissions (40 CFR part 60, subpart LLL); EPA ICR No. 1086.05, OMB 
Control No. 2060-0120; Expires 01/31/00.
    Affected Facilities: Those entities which process natural gas 
onshore and are subject to NSPS subpart KKK and or NSPS subpart LLL.
    Abstract: There are 586 facilities subject to NSPS subpart KKK and 
62 subject to NSPS subpart LLL. There is no expected growth rate in the 
onshore natural gas processing industry. Subpart KKK regulates VOC 
emissions and subpart LLL regulates SO2 emissions. In the 
Administrator's judgement these pollutants cause or contribute to air 
pollution that may endanger public health or welfare. Consequently, New 
Source Performance Standards were promulgated for this source category. 
These standards rely on the proper installation, operation and 
maintenance of particulate control devices and leak detection and 
repair protocols.
    In order to ensure compliance with the standards, adequate 
recordkeeping and reporting is necessary. This information enables the 
Agency to: (1) identify the sources subject to the standard; (2) ensure 
initial compliance with emission limits; and (3) verify continuous 
compliance with the standard. Specifically, the rule requires an 
application for approval of construction, notification of startup, 
notification and report of the initial emissions test, and notification 
of any physical or operational change that may increase the emission 
rate. In addition, sources are required to keep records of all 
startups, shutdowns, and malfunctions. Recordkeeping requirements for 
subpart KKK affected facilities follows a general leak detection 
program regimen. It consists of inventorying the applicable pumps, 
pressure relief devices, sampling connections, valves, flanges and 
compressors; taking note of any leaks found at these pieces of 
equipment; and recording information regarding repairs. In general, gas 
leaks are monitored monthly and a visual inspection for liquid leaks is 
performed weekly.
    The initial report for facilities subject to subpart KKK is 
required to be submitted within six months of affected facility 
startup. This report shall identify all process units and identify all 
valves, pumps, and compressors that are subject to the standards. All 
subsequent reports are due semiannually. These semiannual reports shall 
include information on applicable valves, pumps, and compressors, 
including the amount of valves, pumps, and compressors found leaking 
during the reporting period and information on repair, including the 
amount of valves, pumps, and compressors that did not have leaks 
repaired.
    Recordkeeping requirements for subpart LLL affected facilities 
involve recording the measurements and calculations regarding 
determining initial and continuous SO2 emission reduction 
efficiency, and periods of excess emissions must be recorded. Excess 
emissions are defined as any 24-hour period during which the average 
sulfur emission reduction efficiency (as measured by operating 
temperature) is less than the appropriate operating temperature as 
determined in the performance test. Each 24 hour period must consist of 
at least 96 temperature measurements equally spaced over the 24 hours. 
A semiannual report is required for facilities subject to Ssbpart LLL. 
These reports shall contain information on periods of excess emissions 
as defined for facilities using sulfur emission reduction efficiency 
and those using CEMs.
    All reports are sent to the delegated state or local authority. In 
the event that there is no delegated authority, the reports are sent 
directly to the EPA Regional office. Notifications are used to inform 
the Agency or delegated authority when a source becomes subject to the 
standards. The reviewing authority may then inspect the source to check 
if the required records are being kept and the pollution control 
devices have been properly installed and are being operated correctly. 
Performance test reports are needed for SO2 since they serve 
as the Agency's record of a source's initial capability to comply with 
the SO2 standards, and provide information on the operating 
conditions under which compliance was achieved. Excess emission reports 
are submitted for problem identification, as a check on source 
operation and maintenance, and for compliance determinations.
    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. Consequently, these information collection requirements are 
mandatory. Records of the calculations and measurements required to 
show applicability and compliance with the standard and compliance with 
monitoring requirements must be kept for at least 2 years following the 
date of the measurements. This requirement is also in the general 
provisions at section 60.7(d). To certify that a facility is exempt 
from the control requirements of these standards, each owner or 
operator of a facility with a design capacity less than 2 Long Tons per 
Day (LT/D) of H2S in the acid gas shall keep, for the life 
of

[[Page 44520]]

the facility, an analysis demonstrating that the facility's design 
capacity is less than 2 LT/D acid gas. Each owner or operator who 
elects to comply with section 60.646(e) shall keep, for the life of the 
facility, a record demonstrating that the facilities design capacity is 
less than 150 LT/D of H2S expressed as sulfur.
    Burden Statement: The burden for NSPS subpart KKK includes 70 hours 
to prepare semiannual reports, and 80 hours to file and maintain 
records of measurements. The total burden hours for NSPS subpart KKK is 
31,020. The burden for NSPS subpart LLL includes 16 hours to write the 
excess emissions report, Two hours to implement activities, 30 min to 
maintain records of start-up, shut-down, and/or malfunction, 1.5 hours 
to record the required monitoring measurements, and 2 hours for the 
capacity data records. The total burden hours for NSPS subpart LLL is 
15,012. The total for both subparts combined is 46,032 hours.
    (3) MACT subpart L; National Emission Standards for Coke Oven 
Batteries (40 CFR part 63, subpart L; EPA ICR No 1362.04, OMB Control 
No. 2060-0253; Expires 12/31/99.
    Affected Entities: These standards apply to owners or operators of 
by-product and non-recovery coke oven batteries, whether existing, new, 
reconstructed, rebuilt or restarted. It also applies to all batteries 
using the conventional by-product recovery, the nonrecovery process, or 
any new recovery process. Applicability dates vary depending on the 
emission limitation the affected facility is subject to.
    Abstract: The National Emissions Standards for Coke Oven Batteries 
were proposed on December 4, 1992 and promulgated on October 27, 1993. 
Under this rule, all existing batteries must choose a compliance track. 
Three compliance approaches are available under the rule: the ``MACT 
(Maximum Achievable Control Technology) track,'' the ``LAER (Lowest 
Achievable Emission Rate) extension track,'' and straddling both tracks 
(until January 1, 1998).
    Owners or operators of coke oven batteries, whether existing, new, 
reconstructed, rebuilt or restarted, are required to comply with the 
following monitoring, recordkeeping and reporting requirements. 
Monitoring requirements include: daily monitoring of coke oven 
batteries by a certified observer for each emission point and calculate 
the 30-run rolling average; daily performance tests for each coke oven 
battery are needed to determine compliance with the visible emission 
limitations for coke oven doors, topside port lids, offtake systems, 
and charging operations; monitoring of pollution control equipment 
operation and maintenance (e.g., flare system); and daily inspection of 
the collecting main for leaks according to Method 303. The 
recordkeeping requirements include: maintain records of the startup, 
shutdown, or malfunction plan developed under section 63.310; maintain 
records of the coke oven emission control work practice plan developed 
under section 63.306; maintain records of maintenance and inspection on 
leaks for by-product coke oven batteries; maintain records of daily 
operating parameters and design characteristics for nonrecovery coke 
oven batteries; maintain records of bypass/bleeder stack flare system 
or an approved alternative control device; and maintain records onsite 
for at least a year. Thereafter records must be accessible within three 
working days upon the Administrator's request. The reporting 
requirements include: submit one-time notifications to elect a 
compliance track and to certify initial compliance; if applicable, 
respondents also would submit one-time notifications or requests for 
constructing a new, brownfield, or padup rebuild by-product coke oven 
battery using a new recovery technology; restarting a cold-idle battery 
shutdown prior to November 15, 1990; obtaining an exemption from 
control requirements for bypass/bleeder stacks by committing to 
permanent closure of a battery or using an equivalent alternative 
control system for the stacks; and obtaining an alternative standard 
for coke oven doors on a battery equipped with a shed; if a malfunction 
occurred, respondents must notify the enforcement agency and follow up 
with a written report. A report also would be required if coke oven gas 
were vented through a bypass/bleeder stack and not flared as required 
under the rule; report for the venting of coke oven gas other than 
through a flare system; and submit semiannual compliance 
certifications.
    All reports are sent to the delegated State or local authority. In 
the event that there is no such delegated authority, the reports are 
sent directly to the EPA Regional Office. Notifications are used to 
inform the Agency or delegated authority when a source becomes subject 
to the standard. The reviewing authority may then inspect the source to 
check if the pollution control devices are properly installed and 
operated.
    Based on recorded and reported information, EPA and states can 
identify compliance problems and what records or processes should be 
inspected at the plant. The records the plant maintains help indicate 
whether plants are in compliance with the standard, reveal 
misunderstanding about how the standard is to be implemented, and 
indicate to EPA whether plant personnel are operating and maintaining 
their process equipment properly. Specifically, the information and 
data will be used by EPA and states to: identify batteries subject to 
the standards; ensure that MACT and LAER are properly applied; and 
ensure that daily monitoring and work practice requirements are 
implemented as required. Effective enforcement of the standard is 
particularly necessary in light of the hazardous nature of coke oven 
emissions.
    Reporting and recordkeeping requirements on the part of the 
respondent are mandatory under sections 112 and 114 of the Clean Air 
Act as amended. 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 FR 
36902, September 1, 1976; amended by 43 FR 39999, September 8, 1978; 43 
FR 42251, September 28, 1978; 44 FR 17674, March 23, 1979).
    Burden Statement: In the previously approved ICR, the recordkeeping 
and reporting burden were estimated to average $10,740 total annual 
hours and 306.9 hours per respondent per year. The total annual cost 
for recordkeeping and reporting was estimated to average $365,626 based 
on 35 respondents. The estimated operation and maintenance cost 
documented was $2,364,954 due to the total burden hours associated with 
monitoring requirements (i.e., 69,469 hours). The burden has been 
calculated on the basis of estimated hourly rates as follows: technical 
$35, management $51, and clerical $16. There were no capital and start-
up cost since no new sources were expected over the next three years. 
The total average annual burden to industry over the next three years 
of the ICR is estimated to be $2,730,580.
    Several general assumptions were made for both by-product batteries 
and nonrecovery batteries in calculating the respondent burden 
associated with this regulation, as described below. Owners or 
operators of by-product batteries are required to have daily 
performance tests for each emission point on each battery conducted by 
a certified observer provided by the state. Therefore, respondent will 
reimburse the state through permit fees for all costs associated with 
daily inspections using

[[Page 44521]]

the formula provided in the standard. Other indirect costs attributable 
to respondents would include the cost of observer certification. It was 
assumed in this analysis that of the 34 by-product recovery plants only 
10% would be required to implement the work practice procedures, 
specified in the work practice plan, which is require following the 
second independent exceedance of an applicable visible emission 
limitation for an emission point. It was also assumed in the analysis 
that 10% of the 34 by-product plants would experience a venting episode 
where emissions are released through bypass/bleeder stacks without 
flaring and, therefore, require to submit a notification and written 
report to EPA. The nonrecovery plants are not required to use a 
certified observer to monitor the oven pressure to control emissions 
from coke oven doors. However, nonrecovery plants are subject to work 
practices for charging operations for which they need to keep records.
    Other specific assumptions made in calculating the burden estimate 
analysis include: (1) One plant per year will submit a notification for 
construction or reconstruction, use of new recovery technology, and 
startup of cold-idle batteries; (2) the enforcement agency will receive 
requests for an alternative door standard; (3) 1 plant would 
permanently close batteries and would be required to submit a 
notification; (4) 1 plant will submit a compliance certification, all 
existing plants have already submitted by the required date initial 
compliance certifications; (5) all plants will submit semiannual 
compliance certifications; (6) 20% of the 35 existing plants had 
initially selected to comply with the LAER extension compliance track 
or to straddle both the MACT and LAER compliance track, and would have 
to submit by January 1998 a notification on whether they want to 
continue this extension track until the end of the allowable period or 
comply with the 1995 MACT limits and residual risk standards; (7) no 
requests for an alternative control system would be submitted to the 
enforcement agency; and (8) 2 of the 35 existing plants may experience 
malfunction and, therefore are required to submit a notification and a 
written report to the enforcement agency.

    Dated: August 6, 1999.
Ken Gigliello,
Acting Director, Manufacturing Energy, and Transportation Division.
[FR Doc. 99-21167 Filed 8-13-99; 8:45 am]
BILLING CODE 6560-50-P