STANDARD FORM 83 SUPPORTING STATEMENT

FOR ICR No. 2163.02 - REPORTING AND RECORDKEEPING REQUIREMENTS FOR
STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES:

OTHER SOLID WASTE INCINERATION (OSWI) UNITS

(40 CFR PART 60, SUBPART EEEE)

U.S. Environmental Protection Agency

Office of Air Quality Planning and Standards

Research Triangle Park, NC 27711

October 2005

**PART A OF THE SUPPORTING STATEMENT FOR STANDARD FORM 83**

**Other Solid Waste Incineration Units**

**1. IDENTIFICATION OF THE INFORMATION COLLECTION**

**1(a) Title of the Information Collection.**

AReporting and Recordkeeping Requirements for Standards of Performance
for New Stationary Sources: Other Solid Waste Incineration (OSWI) Units
(40 CFR Part 60, Subpart EEEE).@

**1(b) Short Characterization/Abstract.**

This supporting statement addresses information collection activities
imposed by the AStandards of Performance for New Stationary Sources:
Other Solid Waste Incineration (OSWI) Units,@ 40 CFR Part 60, subpart
EEEE. The new source performance standards (NSPS) fulfill the
requirements of sections 111 and 129 of the Clean Air Act (CAA), which
require EPA to promulgate NSPS for solid waste incineration units. The
NSPS regulate two subcategories of OSWI units: very small municipal
waste combustion (VSMWC) units and institutional waste incineration
(IWI) units.

The information collection activities required by the NSPS include:
siting requirements, operator training and qualification requirements,
testing, monitoring and reporting requirements, one-time and periodic
reports, and the maintenance of records. These activities will enable
EPA to determine initial compliance with the emission limits for the
regulated pollutants, monitor compliance with operating parameters, and
ensure that facilities conduct the proper planning and operator
training.

No new OSWI units are expected to be constructed or operated, so there
will be no annual burden. The population of OSWI units has been
declining for several years. No new OSWI units are being constructed,
even in the absence of regulations, because other waste disposal
alternatives, such as landfilling, are more economical. The cost of
complying with the NSPS makes it even more likely that sources will
select an alternative method of waste disposal and no new OSWI units
will be constructed.

**1(c) OMB Comments.**

Prior to publication of a final rule, OMB requires that an agency
provide to OMB a summary of all public comments pertaining to the
information collection burden imposed by the rule and any changes made
in response to the comments. No such comments regarding the information
collection burden imposed by the NSPS were received.

**2. NEED FOR AND USE OF THE COLLECTION**

**2(a) Need/Authority for the Collection.**

The EPA is required under sections 111 and 129 of the CAA to establish
standards of performance for new stationary sources that reflect the
maximum achievable control technology (MACT) for achieving continuous
emission reductions:

CAA section 129(a)(1) states:

> Standards applicable to solid waste incinerator units promulgated
> under section 111 and this section shall reflect the maximum degree of
> reduction in emissions of air pollutants listed under section (a)(4)
> that the Administrator, taking into consideration the cost of
> achieving such emission reduction, and any non-air quality health and
> environmental impacts and energy requirements, determines is
> achievable for new or existing units in each category.

CAA section 111(e) further states:

> After the effective date of standards of performance promulgated under
> this section, it shall be unlawful for any owner or operator of any
> new source to operate such source in violation of any standards of
> performance applicable to such source.

**2(b) Practical Utility/Users of the Data.**

Although no new OSWI units are expected, the NSPS must include
information collection requirements necessary for enforcement. In the
unlikely event that any new OSWI units are constructed, this information
will be used by EPA to: (1) identify new, modified, and reconstructed
sources subject to the NSPS; (2) ensure that the NSPS are being properly
applied; (3) ensure that the emission limits are being complied with;
and (4) ensure, on a continuous basis, that the operating limits
established during the initial performance test are not exceeded.

In addition, records and reports are necessary to enable EPA to identify
facilities that may not be in compliance with the NSPS. Based on
reported information, EPA will decide which facilities should be
inspected and what records or units should be inspected at the
facilities. The records that facilities maintain will indicate to EPA
whether facility personnel are properly operating and maintaining the
incinerator and control equipment and whether facility personnel have
met the training and qualification requirements.

**3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA**

**3(a) Nonduplication.**

The information collected pursuant to the NSPS consists primarily of a
siting analysis, operator training, emissions testing, and monitoring of
operating parameters. This information is currently not collected for
OSWI units by EPA or any other Federal agency.

In more than 95 percent of the cases, the enforcement of NSPS has been
delegated to State air pollution control agencies. In such cases, the
actual emission data reports required by the NSPS will be submitted to
the appropriate State agency, and not directly to EPA. Thus, there is
minimal possibility for the submittal of duplicate information to State
agencies and EPA. In the few cases where State agencies have not
requested delegation of NSPS enforcement, yet still require information
from the facility, the facility owner or operator may submit a copy of
the State or local reports to EPA in lieu of the report required by the
NSPS, as specified in the General Provisions of 40 CFR part 60.

**3(b) Public Notice Required Prior to ICR Submission to OMB.**

A public notice of this collection was provided in the notice of
proposed rulemaking for the NSPS on December 9, 2004.

**3(c) Consultations.**

While collecting technical information pertaining to the OSWI category,
EPA contacted incinerator manufacturers and associations as well as
State and Federal agencies. In addition to these contacts, EPA chartered
an Industrial Combustion Coordinated Rulemaking advisory committee in
1996, under the Federal Advisory Committee Act. The committee=s
objective was to develop recommendations for regulations for several
combustion source categories under sections 112 and 129 of the CAA. The
EPA considered information received from all of these sources in the
development of the NSPS.

The public had the opportunity to review and comment on the proposed
NSPS and the ICR during the specified comment period.

**3(d) Effects of Less Frequent Data Collection.**

The NSPS require initial and annual performance tests for nine
pollutants and opacity, continuous emission monitoring for carbon
monoxide (CO), continuous operating parameter monitoring, annual
operator training, and annual reporting (semiannual deviation reports
are required if any of the emission limits or operating limits are
exceeded). The frequency of these activities was chosen by EPA as the
period that will provide an adequate margin of assurance that affected
facilities will not operate for extended periods in violation of the
NSPS.

The annual performance testing will ensure, on an ongoing basis, that
the air pollution control device is operating properly and its
performance has not deteriorated. The NSPS allows the owner or operator
to skip two annual tests for a pollutant if all performance tests over
the previous three years show compliance with the emission limit.

During the initial performance test for particulate matter (PM),
dioxins/furans, opacity, hydrochloric acid (HCl), cadmium (Cd), lead
(Pb), mercury (Hg), CO, nitrogen oxides (NOx) and sulfur dioxide (SO2),
the owner or operator must establish maximum or minimum values for each
operating parameter. Thereafter, the owner or operator must conduct
annual performance tests for the nine previously listed pollutants and
opacity, and continuously monitor CO emissions and the operating
parameters.

Although continuous monitoring of operating parameters cannot provide a
direct measurement of emissions, it is less expensive than continuous
emission monitoring systems (CEMS), and the information provided can be
used to ensure that the incinerator and associated air pollution control
equipment are operating properly. This information assures EPA and the
public that the reductions envisioned by the regulations are being
achieved. Less frequent monitoring would not ensure continuous
compliance.

The NSPS include initial and annual operator training requirements for
OSWI unit operators. (The NSPS requires at least one qualified operator
or supervisor per facility.) The annual training requirements include
annual refresher training to maintain operator qualification and an
annual review of site-specific documentation. The way in which an
incinerator is operated has a significant impact on the emissions from
that incinerator. The annual operator training is essential to ensure
that the incinerator is being operated properly. The NSPS contains
flexibility in the operator training by allowing the use of
State-approved training and qualification programs.

Annual reporting allows the submittal of required information and data
parameters so that any potential problems can be identified in a timely
fashion. A semiannual deviation report is required for deviations from
the operating limits and the emission limits so that EPA can ensure that
rapid corrective action is being taken.

**3(e) General Guidelines.**

With the exception of requiring records to be maintained for more than
3 years, none of the guidelines in 5 CFR 1320.5 are being exceeded. The
NSPS requires all records to be maintained by the source for a period of
5 years. In 40 CFR part 63, subpart A, \"General Provisions for National
Emission Standards for Hazardous Air Pollutants (NESHAP) for Source
Categories,\" owners or operators of facilities are required to keep and
maintain records for a period of 5 years. Records must be kept on file
for use, if needed, by the regulating authority to ensure that the plant
personnel are operating and maintaining control equipment properly.
Under section 129 of the CAA, OSWI facilities are subject to regulation
under similar MACT-based regulations, therefore, this 5‑year record
retention requirement was adopted for OSWI facilities. Furthermore, CAA
section 129 requires all OSWI units to obtain title V operating permits
under 40 CFR part 70 or 71 permit programs. The title V permit programs
also require records to be retained for 5 years. To minimize the burden,
the NSPS allows files to be kept in paper or electronic format. Files
must be kept on site for 2 years but may be kept off site for the
remaining 3 years.

**3(f) Confidentiality.**

All information submitted to EPA for which a claim of confidentiality is
made will be safeguarded according to EPA policies set forth in
title 40, chapter 1, part 2, subpart B, Confidentiality of Business
Information (see 40 CFR 2; 41 FR 36902, September 1, 1976, amended by
43 FR 39999, September 28, 1978; 43 FR 42251, September 28, 1978; 44 FR
17674, March 23, 1979).

**3(g) Sensitive Questions**.

The ICR for the NSPS does not involve matters of a

sensitive nature.

**4. THE RESPONDENTS AND THE INFORMATION REQUESTED**

**4(a) Respondents/NAICS Codes.**

As stated previously in section 1(b) of this supporting statement, EPA
does not expect any new OSWI units to be constructed or operated in the
future; however, respondents (if any) would be owners or operators of
OSWI units for which construction commences after December 9, 2004 or
for which reconstruction or modification commences 6 months (or later)
after promulgation of the final NSPS. OSWI units include VSMWC units
that combust less than 35 tons per day of waste collected from multiple
residences, businesses, etc. In the unlikely event there are any new
VSMWC, they would be operated by municipalities (NAICS Codes 562213 and
92411). OSWI units also include IWI units, as defined in the regulation,
that are located at an institutional facility and combust waste
generated at that facility. In the unlikely event there are any new IWI
units, they could be located at institutions such as schools,
universities, prisons, military bases, government facilities, churches
and other institutions (NAICS Codes 623, 922, 928, 6111, 6112, 6113,
7121, 8131, and 8134).

**4(b) Information Requested.**

\(i\) [Data items]{.underline}. The recordkeeping and reporting
requirements of the NSPS are described in section 4(b)(ii) and include
the following:

-   pre-construction notification;

-   siting analysis;

-   waste management plan;

-   records of operator training and qualification;

-   performance test reports;

-   records of CO and operating parameter monitoring;

-   annual compliance reports; and

-   semiannual deviation reports.

\(ii\) [Respondent activities]{.underline}. No respondent activities are
estimated since no growth of the source category is expected. However,
in the unlikely event that a new OSWI unit is constructed or operated in
the future, the

information collection activities in this ICR include the following:
performance tests, CO emissions monitoring, operating parameter
monitoring, preparation of a siting analysis, preparation of a waste
management plan, operator training, one-time and periodic reports, and
the maintenance of records.

[Testing and Monitoring]{.underline}: The NSPS requires an initial
performance test for PM, dioxins/furans, opacity, HCl, Cd, Pb, Hg, CO,
NOx and SO2. During the initial performance test, the owner or operator
must establish limits for each operating parameter. Thereafter, the
owner or operator must conduct annual performance tests for the nine
pollutants and opacity, and must continuously monitor CO and the
operating parameters. The NSPS allows the owner or operator to skip two
annual performance tests for a pollutant if all performance tests over
the three previous years show compliance with the emission limit.

[Operator Training]{.underline}: To ensure the proper operation of the
incinerator, the NSPS requires that each facility establish and maintain
at least one qualified OSWI unit operator or supervisor. The operator
qualification process includes training, an exam, and review of
site-specific materials. The operator qualification requirements allow
the flexibility to use State-approved training and qualification
programs. To maintain qualification the operators or supervisors must
attend an annual refresher course and review site-specific materials
annually.

[Reporting]{.underline}: Prior to commencing construction, the owner or
operator must submit a report that includes a statement of intent to
construct, the anticipated date of commencement of construction, the
siting analysis, the waste management plan, and the anticipated date of
initial start-up. The siting analysis considers air pollution control
alternatives that minimize, on a site-specific basis, potential risks to
public health or the environment. The waste management plan identifies
both the feasibility and the approach to separate

certain components of solid waste from the waste stream to reduce the
amount of toxic emissions from incinerated waste.

Prior to initial startup, the owner or operator must submit a report
that documents the types of wastes burned, the maximum design waste
burning capacity, the anticipated maximum charge rate, and any petitions
for site-specific operating parameters.

Following the initial performance test, the owner or operator must
submit a report that documents the results of the performance test for
the nine pollutants and opacity and the values for the facility=s
operating limits.

An annual compliance report is required that documents the values for
the operating limits, performance test results and any deviations from
the emission limits, operating limits or other requirements.

If there is a deviation from the operating limits or emission limits,
the owner or operator must submit a deviation report that provides
details on the deviation. These reports are submitted semiannually if a
deviation occurs during the 6-month period.

[Recordkeeping]{.underline}: As specified in the NSPS, owners or
operators of OSWI units are required to keep records of certain
parameters and information for a period of 5 years. Owners or operators
are required to maintain records of the initial performance test, annual
performance tests, and any subsequent performance tests. Owners or
operators must also maintain records of the monitoring data for CO and
the operating parameters, and records of monitoring device calibration.

Records must be maintained for any incinerator malfunctions, any
deviations from the operating limits, and days for which CO or operating
parameter monitoring data were not obtained.

Owners or operators must maintain the names of persons who have
completed the review of site-specific information and who have met the
operator qualification requirements. Records must also be maintained of
all documentation for the siting analysis and the waste management plan.

**5. THE INFORMATION COLLECTED \-- AGENCY ACTIVITIES, COLLECTION
METHODOLOGY, AND INFORMATION MANAGEMENT**

**5(a) Agency Activities.**

No agency activities are expected because no respondents are likely. As
previously explained in section 1(b), no new OSWI units are expected to
be constructed during the three years after promulgation of the NSPS.

**5(b) Collection Methodology and Management.**

This collection of information does not require the use of automated
collection techniques because no respondents are expected.

**5(c) Small Entity Flexibility.**

Because no OSWI units are expected to be affected by the NSPS, no small
businesses or small entities will be affected. Therefore, the NSPS will
not have a significant impact on small entities.

The NSPS does not contain any provisions reserved exclusively for the
benefit of small entities. However, the NSPS does contain provisions
that reduce the impact on all regulated entities, which would include
any small entities (in the unlikely event that any new OSWI units are
built). Operating parameter monitoring is required instead of CEMS for
all pollutants other than CO. The owner or operator is allowed to skip
two annual performance tests for a pollutant if all performance tests
over the previous three years show compliance. Semiannual deviation
reports are required only if there is a deviation, otherwise reporting
is annual.

**5(d) Collection Schedule.**

Although no respondents are expected, typical information collected
includes the following one-time-only activities: reading the NSPS,
initial performance tests (PM, dioxins/furans, opacity, HCl, Cd, Pb, Hg,
CO, NOx, and SO2), initial operator training and qualification,
notification of intent to construct (includes a study addressing siting
requirements), waste management plan, report prior to initial start-up,
and report following initial performance test (includes operating
parameter values). The data will be entered into the Aerometric
Information Retrieval System (AIRS), operated and maintained by EPA=s
Office of Air Quality Planning and Standards.

Annual performance tests are required for the nine pollutants and
opacity. Continuous parameter monitoring and continuous emission
monitoring of CO is required. An annual operator training refresher
course and site-specific information review is required.

An annual report is required that includes compliance data on the
operating limits, performance test results, identification of deviations
from emission limits, operating limits or other requirements.

Additionally, if the operating limits or emission limits are exceeded,
the owner or operator must submit a deviation report that provides
details on the deviation. If all qualified operators are unavailable for
more than 2 weeks, notification must be made within 10 days and a status
report must be submitted every 4 weeks until compliance with the
operator qualification requirements is achieved.

Information obtained from annual compliance reports will be published
and distributed through the EPA compliance data system (CDS). Data
obtained during periodic visits by

EPA personnel from records maintained by the respondents will be
tabulated and published for internal EPA use in compliance and
enforcement programs.

**6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION**

No new growth is anticipated for the OSWI source category. It is assumed
that potential respondents would use alternative waste disposal options
rather than replacing existing OSWI units. The population of OSWI units
has been declining for several years. No new OSWI units are being
constructed, even in the absence of regulations, because other waste
disposal alternatives, such as landfilling, are more economical. The
cost of complying with the NSPS makes it even more likely that sources
will select an alternative method of waste disposal and no new OSWI
units will be constructed. As a result, no respondent or agency burdens
or costs have been estimated. We expect that there will be no annual
burden.

To comment on the Agency\'s need for this information, the accuracy of
the provided burden estimates, and any suggested methods for minimizing
respondent burden, including the use of automated collection techniques,
EPA has established a public docket for this ICR under Docket ID Number
EPA-HQ-OAR-2003-0156, which is available for online viewing at
[www.regulations.gov](http://www.regulations.gov/), or in person viewing
at the Air and Radiation Docket and Information Center in the EPA Docket
Center (EPA/DC), EPA West, Room B102, 1301 Constitution Avenue, NW,
Washington, D.C. 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 Air and Radiation Docket and Information Center
is (202) 566-1742. An electronic version of the public docket is
available at www.regulations.gov. This site can be used 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. Also, you can send
comments to the Office of Information and Regulatory Affairs, Office of
Management and Budget, 725 17th Street, NW, Washington, D.C. 20503,
Attention: Desk Officer for EPA. Please include the EPA Docket ID Number
EPA-HQ-OAR-2003-0156 in any correspondence.

**PART B OF THE SUPPORTING STATEMENT**

This section is not applicable because statistical methods are not used
in data collection associated with this regulation.