[Federal Register Volume 74, Number 126 (Thursday, July 2, 2009)]
[Notices]
[Pages 31725-31728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15686]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2009-0234; FRL-8925-7]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; Information Request for National Emission Standards 
for Coal- and Oil-fired Electric Utility Steam Generating Units; EPA 
ICR No. 2362.01

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 
U.S.C. 3501 et seq.), this action announces that EPA is planning to 
submit a request for a new Information Collection Request (ICR) to the 
Office of Management and Budget (OMB). Before submitting the ICR to OMB 
for review and approval, EPA is soliciting comments on the proposed 
information collection as described below.

DATES: Comments must be submitted on or before August 31, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2009-0234, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     E-mail: [email protected].
     Fax: (202) 566-1741.
     Mail: Air and Radiation Docket and Information Center, 
Environmental Protection Agency, Mailcode: 22821T, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460.
     Hand Delivery: Air and Radiation Docket and Information 
Center, U.S. EPA, Room 3334, EPA West Building, 1301 Constitution 
Avenue, NW., Washington, DC. Such deliveries are only accepted during 
the Docket's normal hours of operation, and special arrangements should 
be made for deliveries of boxed information.

[[Page 31726]]

    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2009-0234. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or e-mail. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov 
your e-mail address will be automatically captured and included as part 
of the comment that is placed in the public docket and made available 
on the Internet. If you submit an electronic comment, EPA recommends 
that you include your name and other contact information in the body of 
your comment and with any disk or CD-ROM you submit. If EPA cannot read 
your comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket, visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: William Maxwell, Energy Strategies 
Group, Sector Policies and Program Division, (D243-01), Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711; 
telephone number: (919) 541-5430; fax number: (919) 541-5450; e-mail 
address: [email protected].

SUPPLEMENTARY INFORMATION:

How Can I Access the Docket and/or Submit Comments?

    EPA has established a public docket for this ICR under Docket ID 
No. EPA-HQ-OAR-2009-0234, which is available for online viewing at 
www.regulations.gov, or in-person viewing at the Air and Radiation 
Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 
Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room 
is open from 8 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 Air and Radiation Docket is 202-
566-1742.
    Use www.regulations.gov to obtain a copy of the draft collection of 
information, submit or view public comments, access the index listing 
of the contents of the docket, and to access those documents in the 
public docket that are available electronically. Once in the system, 
select ``search,'' then key in the docket ID number identified in this 
document.

What Information Is EPA Particularly Interested in?

    Pursuant to PRA section 3506(c)(2)(A), EPA specifically solicits 
comments and information to enable it to:
    (i) Ealuate 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).

What Should I Consider When I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments.
    1. Explain your views as clearly as possible and provide specific 
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified 
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket 
ID number assigned to this action in the subject line on the first page 
of your response. You may also provide the name, date, and Federal 
Register citation.

What Information Collection Activity or ICR Does This Apply to?

    Affected entities: Entities potentially affected by this action are 
coal- and oil-fired electric utility steam generating units that emit 
hazardous air pollutants (HAP). Hazardous air pollutant means any 
pollutant listed pursuant to Clean Air Act (CAA) section 112(b). CAA 
section 112(a)(8) defines an electric utility steam generating unit as

    * * * any fossil fuel-fired combustion unit of more than 25 
megawatts that serves a generator that produces electricity for 
sale. A unit that cogenerates steam and electricity and supplies 
more than one-third of its potential electric output capacity and 
more than 25 MWe output to any utility power distribution system for 
sale is also considered a utility unit.

    Title: Information Collection Effort for Coal- and Oil-fired 
Electric Utility Steam Generating Units.
    ICR numbers: EPA ICR No. 2362.01.
    ICR status: This ICR is for a new information collection activity. 
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 
in title 40 of the CFR, after appearing in the Federal Register when 
approved, are listed in 40 CFR part 9, are displayed either by 
publication in the Federal Register or by other appropriate means, such 
as on the related collection instrument or form, if applicable. The 
display of OMB control numbers in certain EPA regulations is 
consolidated in 40 CFR part 9.
    Abstract: To obtain the information necessary to identify and 
categorize all coal- and oil-fired electric utility steam generating 
units potentially affected by the CAA section 112(d) standard, this ICR 
will solicit information from all potentially affected units under 
authority of CAA section 114. EPA intends to provide the survey in 
electronic format; however, written responses will also be accepted. 
The survey will be submitted to all facilities identified as being 
coal- or oil-fired electric utility steam generating units through 
databases available to the Agency. EPA envisions allowing recipients 3 
months to respond to the survey. To further define the emission level 
being achieved by average of the top performing 12 percent of similar 
sources for the existing population, this ICR requires that certain 
units conduct emission testing concurrent with the survey. EPA 
envisions allowing recipients 6 months to respond to the emission 
testing requirement.

[[Page 31727]]

    EPA estimates the cost of the information collection will be 
100,370 hours and $104,807,458.
    On December 20, 2000 (65 FR 79825, 79831), EPA added coal- and oil-
fired electric utility steam generating units to the list of source 
categories under section 112(c). The CAA requires EPA to establish 
National Emission Standards for Hazardous Air Pollutants (NESHAP) for 
the control of HAP from both existing and new coal- and oil-fired 
electric utility steam generating units. Section 112(d) provides that 
for major sources, EPA must establish emission standards that reflect 
the maximum degree of reduction in emissions of HAP that is achievable, 
taking into consideration the cost of achieving the emission reduction, 
any non-air quality health and environmental impacts, and energy 
requirements. This level of control is commonly referred to as the 
``maximum achievable control technology'' (MACT). The minimum level of 
emission reduction that the MACT standards must achieve is known as the 
``MACT floor,'' as defined under CAA section 112(d)(3). The MACT floor 
for existing sources is the emission limitation achieved by the average 
of the best-performing 12 percent of existing sources in the category 
or subcategory. For new sources, the MACT floor cannot be less 
stringent than the emission control achieved in practice by the best-
controlled similar source. For major sources, CAA section 112(d) also 
requires EPA to consider whether more stringent limits--known as beyond 
the floor standards--are achievable after taking into consideration the 
cost of achieving such emission reduction, any non-air health and 
environmental impacts, and energy impacts.
    The Agency acquired unit-specific data and data on mercury from 
coal-fired units in an ICR approved on November 13, 1998 (OMB Control 
No. 2060-0396). These data were gathered in advance of the December 20, 
2000 regulatory finding. These data sources are now over 10 years old 
and addressed only coal-fired electric utility steam generating units 
and only mercury emissions from such units. The Agency is aware that 
significant changes have been made in the intervening years in the 
number of operating coal- and oil-fired units, in industry ownership 
practices, and in emission control configurations. Further, in light of 
the statutory requirements for establishing emission standards under 
section 112(d) and the recent case law interpreting those requirements, 
the Agency believes that it needs additional data from both coal- and 
oil-fired electric utility steam generating units. We believe that 
obtaining updated information will be crucial to informing our decision 
on the NESHAP for coal- and oil-fired electric utility steam generating 
units.
    The information in this ICR will be collected under authority of 
CAA section 114. CAA section 114(a) states, in pertinent part:

    For the purpose * * * (i) of * * * developing * * * any emission 
standard under section 7412 of this title * * * or (iii) carrying 
out any provision of this Chapter * * * (1) the Administrator may 
require any person who owns or operates any emission source * * * 
who the Administrator believes may have information necessary for 
the purposes set forth in this subsection * * * on a one-time, 
periodic or continuous basis to- * * * (B) make such reports * * *; 
(E) keep records on control equipment parameters, production 
variables or other indirect data when direct monitoring of emissions 
is impractical * * *, and (G) provide such other information as the 
Administrator may reasonably require * * *

    The data collected will be used to confirm the population of 
potentially affected coal- and oil-fired electric utility steam 
generating units, and update existing emission test data and fuel 
analysis information. These data will be used by the Agency to develop 
the NESHAP for coal- and oil-fired electric utility steam generating 
units under CAA section 112(d). Specifically, the data will provide the 
Agency with updated information on the number of potentially affected 
units, and available emission test data and fuel analysis data to 
address variability. All data collected will be added to existing 
emission test databases for coal- and oil-fired electric utility steam 
generating units; it will also be used to further evaluate the HAP 
emissions from these sources.
    This collection of information is mandatory under CAA section 114 
(42 U.S.C. 7414). All information submitted to EPA pursuant to this ICR 
for which a claim of confidentiality is made is safeguarded according 
to Agency policies in 40 CFR part 2, subpart B. 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. OMB control numbers for EPA's regulations in 40 CFR 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 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 projected cost and hour burden for this one-
time collection of information is $104,807,458 and 100,370 hours. This 
burden is based on an estimated 555 facilities (1,325 units) being 
respondents to the survey and required emission testing. 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 which have 
subsequently changed; 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 ICR provides a detailed explanation of the Agency's estimate, 
which is only briefly summarized here.
    Estimated total number of potential respondents: 555 facilities 
(1,325 units).
    Frequency of response: One time.
    Estimated total average number of responses for each respondent: 1.
    Estimated total annual burden hours: 100,370.
    Estimated total annual burden costs: $104,807,458.

What Is the Next Step in the Process for This ICR?

    EPA will consider the comments received and amend the ICR as 
appropriate. The final ICR package will then be submitted to OMB for 
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will 
issue another Federal Register notice pursuant to 5 CFR 
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the 
opportunity to submit additional comments to OMB. If you have any 
questions about this ICR or the approval process, please contact the

[[Page 31728]]

technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: June 26, 2009.
Mary E. Henigin,
Acting Director, Sector Policies and Programs Division.
[FR Doc. E9-15686 Filed 7-1-09; 8:45 am]
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