[Federal Register Volume 70, Number 48 (Monday, March 14, 2005)]
[Notices]
[Pages 12473-12474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-4900]


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ENVIRONMENTAL PROTECTION AGENCY

[OECA-2004-0039; FRL-7883-3]


Agency Information Collection Activities; Submission for OMB 
Review and Approval; Comment Request; NESHAP for Primary Copper 
Smelters, ICR Number 1850.04, OMB Number 2060-0476 (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act, this document 
announces that an Information Collection Request (ICR) has been 
forwarded to the Office of Management and Budget (OMB) for review and 
approval. This is a request to renew an existing approved collection. 
This ICR is scheduled to expire on May 31, 2005. Under OMB regulations, 
the Agency may continue to conduct or sponsor the collection of 
information while this submission is pending at OMB. This ICR describes 
the nature of the information collection and its estimated burden and 
cost.

DATES: Additional comments may be submitted on or before April 13, 
2005.

ADDRESSES: Submit your comments, referencing docket ID number OECA-
2004-0039, to (1) EPA online using EDOCKET (our preferred method), by 
e-mail to [email protected], or by mail to: Environmental Protection 
Agency, EPA Docket Center (EPA/DC), Enforcement and Compliance Docket 
and Information Center, Mail Code 2201T, 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460, and (2) OMB at: Office of Information and 
Regulatory Affairs, Office of Management and Budget (OMB), Attention: 
Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Learia Williams, Compliance Assessment 
and Media Programs Division, Office of Compliance, (Mail Code 2223A), 
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460; telephone number: (202) 564-4113; fax number: 
(202) 564-0050; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB 
for review and approval according to the procedures prescribed in 5 CFR 
1320.12. On September 14, 2004 (69 FR 55430), EPA sought comments on 
this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments.
    EPA has established a public docket for this ICR under Docket ID 
No. OECA-2004-0039, which is available for public viewing at the 
Enforcement and Compliance Docket and Information Center in the EPA 
Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution Avenue, 
NW., Washington, DC. The EPA Docket Center Public Reading Room is open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Reading Room is (202) 566-1744, 
and the telephone number for the Enforcement and Compliance Docket and 
Information Center Docket is: (202) 566-1752. An electronic version of 
the public docket is available through EPA Dockets (EDOCKET) at http://www.epa.gov/edocket. Use EDOCKET to submit or view public comments, 
access the index listing of the contents of the public docket, and to 
access those documents in the public docket that are available 
electronically. When in the system, select ``search,'' then key in the 
docket ID number identified above.
    Any comments related to this ICR should be submitted to EPA and OMB 
within 30 days of this notice. EPA's

[[Page 12474]]

policy is that public comments, whether submitted electronically or in 
paper, will be made available for public viewing in EDOCKET as EPA 
receives them and without change, unless the comment contains 
copyrighted material, Confidential Business Information (CBI), or other 
information whose public disclosure is restricted by statute. When EPA 
identifies a comment containing copyrighted material, EPA will provide 
a reference to that material in the version of the comment that is 
placed in EDOCKET. The entire printed comment, including the 
copyrighted material, will be available in the public docket. Although 
identified as an item in the official docket, information claimed as 
CBI, or whose disclosure is otherwise restricted by statute, is not 
included in the official public docket, and will not be available for 
public viewing in EDOCKET. For further information about the electronic 
docket, see EPA's Federal Register notice describing the electronic 
docket at 67 FR 38102 (May 31, 2002), or go to http://www.epa.gov/edocket.
    Title: NESHAP for Primary Copper Smelters (40 CFR Part 63, Subpart 
QQQ) (Renewal).
    Abstract: The National Emission Standards for Hazardous Air 
Pollutants (NESHAP), for Primary Copper Smelters were proposed on April 
20, 1998 (63 FR 19582), and June 26, 2000 (65 FR 39326) respectively. 
These standards apply to any existing, reconstructed, or new primary 
copper smelters. The affected sources are each copper concentrate 
dryer, each smelting furnace, each slag cleaning vessel, each copper 
converter department, and the entire group of fugitive emission 
sources. Affected owners and operators are required to meet specific 
monitoring, recordkeeping, and reporting requirements in order to 
demonstrate initial and continuous compliance with the rule. A primary 
copper smelter is only subject to the regulation if it is a major 
source of hazardous air pollutant (HAP) emitting or has the potential 
to emit any single HAP at the rate of 10 tons or more per year or any 
combination of HAP at the rate of 25 tons or more per year.
    Owners and operators must submit notification reports upon the 
construction, reconstruction, or modification of any primary copper 
smelter. Also, required is a one-time-only initial notification for new 
and reconstructed sources. The respondents are required to submit an 
annual performance test for each control device, and a semiannual 
summary report to EPA. Respondents subject to the final rule are 
required to prepare and maintain on site two site-specific operating 
plans: (1) A startup, shutdown, malfunction plan, and (2) a fugitive 
dust control plan. Records and reports will be required to be retained 
for a total of five years, two years at the site, and the remaining 
three years at an off-site location.
    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, and the standard is being met. 
Performance test reports are needed as these are the Agency's records 
of a source's initial capability to comply with the emission standards, 
and serve as a record of the operating conditions under which 
compliance was achieved. The information generated by monitoring, 
recordkeeping and reporting requirements described in this ICR is used 
by the Agency to ensure that facilities affected by the standard 
continue to operate the control equipment and achieve continuous 
compliance with the regulation.
    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.
    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 and 48 CFR chapter 15, and are 
identified on the form and/or instrument, if applicable.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 196 
hours per response. 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: Owners or operators of primary 
copper smelters.
    Estimated Number of Respondents: 3.
    Frequency of Response: Initially, monthly, semiannually and 
annually.
    Estimated Total Annual Hour Burden: 8,837 hours.
    Estimated Total Annual Costs: $564,848, which includes $0 
annualized capital/startup costs, $8,000 annual O&M costs, and $556,848 
annual labor costs.
    Changes in the Estimates: There is a decrease of 11,669 hours in 
the total estimated burden currently identified in the OMB Inventory of 
Approved ICR Burdens. The decrease in burden from the most recently 
approved ICR is due to a decrease in the number of sources. Our data 
indicates that there are approximately three sources subject to the 
rule, as compared to the active ICR that shows six sources. There are 
no new facilities expected to be constructed in the next three years. 
The decline in the number of sources was partially due to corporate 
mergers, coupled with power disruptions and high energy costs which 
resulted in loss of production and plant closure.
    The annual reporting and recordkeeping cost burden is reduced from 
$98,000 to $8,000. In the initial rule related ICR, respondents were 
required to install monitoring equipment. For this ICR, all of the 
monitoring equipment has been installed and only O&M costs remain.

    Dated: March 1, 2005.
Oscar Morales,
Director, Collection Strategies Division.
[FR Doc. 05-4900 Filed 3-11-05; 8:45 am]
BILLING CODE 6560-50-P