[Federal Register Volume 74, Number 151 (Friday, August 7, 2009)]
[Pages 39696-39697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18965]



[EPA-HQ-OECA-2008-0278; FRL-8942-2]

Agency Information Collection Activities; Submission to OMB for 
Review and Approval; Comment Request; NESHAP for Mercury (Renewal), EPA 
ICR Number 0113.10, OMB Control Number 2060-0097

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 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. The ICR which is abstracted below describes the 
nature of the collection and the estimated burden and cost.

DATES: Additional comments may be submitted on or before September 8, 

ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-
OECA-2008-0278, to (1) EPA online using http://www.regulations.gov (our 
preferred method), or by email to [email protected], or by mail to: 
EPA Docket Center (EPA/DC), Environmental Protection Agency, 
Enforcement and Compliance Docket and Information Center, mail code 
28221T, 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 May 30, 2008 (73 FR 31088), EPA sought comments on this ICR 
pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional 
comments on this ICR should be submitted to EPA and OMB within 30 days 
of this notice.
    EPA has established a public docket for this ICR under docket ID 
number EPA-HQ-OECA-2008-0278, which is available for public viewing 
online at http://www.regulations.gov, in person viewing at the 
Enforcement and Compliance Docket in the EPA Docket Center (EPA/DC), 
EPA West, Room 3334, 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 is (202) 566-1752.
    Use EPA's electronic docket and comment system at http://www.regulations.gov, to submit or view public comments, access the 
index listing of the contents of the docket, and to access those 
documents in the docket that are available electronically. Once in the 
system, select ``docket search,'' then key in the docket ID number 
identified above. Please note that EPA's policy is that public 
comments, whether submitted electronically or in paper, will be made 
available for public viewing at http://www.regulations.gov, 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. For 
further information about the electronic docket, go to http://www.regulations.gov.
    Title: NESHAP for Mercury (Renewal).
    ICR Numbers: EPA ICR Number 0113.10, OMB Control Number 2060-0097.
    ICR Status: This ICR is scheduled to expire on August 31, 2009. 
Under OMB regulations, the Agency may continue to conduct or sponsor 
the collection of information while this submission is pending at OMB. 
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, and 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: The National Emission Standards for Hazardous Air 
Pollutants (NESHAP) for Mercury, published at 40 CFR part 61, subpart 
E, were proposed on December 7, 1971, promulgated on April 6, 1973, and 
amended on October 14, 1975, March 19, 1987, and October 17, 2000.
    These standards apply to stationary sources, which process mercury 
ore to recover mercury, use mercury chlor-alkali cells to produce 
chlorine gas and alkali metal hydroxide, and either incinerate or dry 
wastewater treatment plant sludge. Approximately 107 sources (100 
sludge incineration and drying plants and 7 mercury-cell chlor-alkali 
plants) are currently subject to the standard; and no additional 
sources are expected to become subject to the standard in the next 
three years. Mercury is the pollutant regulated under this standard. 
This information is being collected to ensure compliance with 40 CFR 
part 61, subpart E.
    Owners or operators of affected facilities must make the following 
one-time only notification; date of construction or reconstruction, 
anticipated and actual dates of startup; physical or operational change 
to an existing facility; date of initial performance test; and results 
of initial performance test. These facilities must also maintain 
records of performance test results, and startup, shutdowns, and 
malfunctions. In order to ensure compliance with the standards, 
adequate recordkeeping and reporting is necessary. This information 
enables the Agency to identify the sources subject to the standard, 
ensure initial compliance with emission limits, and verify continuous 
compliance with the standard and all other information needed to 
determine compliance with the applicable standards.
    Any owner or operator subject to the provisions of this subpart 
must maintain a file of these measurements, and retain the file for at 
least two years following the collection of such measurements, 
maintenance reports, and records. All reports are sent to the delegated 
state or local authority. In the event that there

[[Page 39697]]

is no such delegated authority, the reports are sent directly to the 
EPA regional office.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 160 
hours per response. Burden means the total time, effort, or financial 
resources expended by persons to generate, maintain, retain, or 
disclose and 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. All 
existing ways will have to adjust to comply with any previously 
applicable instructions and requirements that 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.
    Respondents/Affected Entities: Mercury.
    Estimated Number of Respondents: 107.
    Frequency of Response: Initially, annually and semiannually.
    Estimated Total Annual Hour Burden: 20,490.
    Estimated Total Annual Cost: $1,735,421 in labor costs exclusively. 
There are no capital/startup or O&M costs associated with this ICR.
    Changes in the Estimates: There is no change in the labor cost in 
this ICR compared to the previous ICR. This is due to two 
considerations: (1) The regulations have not changed over the past 
three years and are not anticipated to change over the next three 
years; and (2) the growth rate for the industry is very low, negative 
or nonexistent, so there is no significant change in the overall 
    Since there are no changes in the regulatory requirements and there 
is no significant industry growth, the labor hours and cost figures in 
the previous ICR are used in this ICR, and there is no change in burden 
to industry.

    Dated: July 31, 2009.
John Moses,
Director, Collection Strategies Division.
[FR Doc. E9-18965 Filed 8-6-09; 8:45 am]