SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

NESHAP for Mercury (40 CFR Part 61, Subpart E) (Renewal)

1. Identification of the Information Collection

1(a) Title of the Information Collection

NESHAP for Mercury (40 CFR Part 61, Subpart E) (Renewal), EPA ICR Number 0113.11, 

OMB Control Number 2060-0097

1(b) Short Characterization/Abstract

The National Emission Standards for Hazardous Air Pollutants (NESHAP) for Mercury

(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 regulations 

apply to the new and existing facilities which process mercury ore to recover mercury, use 

mercury chlor-alkali cells to produce chlorine gas and alkali metal hydroxide, and incinerate 

or dry wastewater treatment plant sludge. New facilities include those that commenced 

construction, modification or reconstruction after the date of proposal. This information is 

being collected to assure compliance with 40 CFR part 61, subpart E.

In general, all NESHAP standards require initial notifications, performance tests, and 

periodic reports by the owners/operators of the affected facilities. They are also required to 

maintain records of the occurrence and duration of any startup, shutdown, or malfunction in 

the operation of an affected facility, or any period during which the monitoring system is 

inoperative. These notifications, reports, and records are essential in determining compliance, 

and are required of all affected facilities subject to NESHAP.

Any owner/operator subject to the provisions of this part shall maintain a file of these 

measurements, and retain the file for at least two years following the date of such measurements, 

maintenance reports, and records. 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 U.S.

Environmental Protection Agency (EPA) regional office.

 Based on our consultations with industry representatives, there is an average of one

affected facility at each plant site and that each plant site has only one respondent (i.e., the 

owner/operator of the plant site).

Over the next three years, an average of 107 respondents (100 wastewater sludge 

incineration and drying plants and 7 cell chlor-alkali plants) per year will be subject to the 

standard, and no additional respondents per year will become subject to the standard. 

The Office of Management and Budget (OMB) approved the currently active ICR with 

following “Terms of Clearance” (TOC):
2

When this ICR is renewed, EPA should review the respondent burden,

universe, labor rates, and capital costs and ensure these estimates have 

been updated.

EPA has addressed each item of concern in the TOC. All estimates and burden 

calculations for both the “Affected Public” and the Federal government have been reviewed and 

updated as necessary.

The “Affected Public” is private sector businesses that are owned and operated by the 

mercury industry. The burden to the “Affected Public” may be found below in Table 1: Annual 

Respondent Burden and Cost – NESHAP for Mercury (40 CFR Part 61, Subpart E) (Renewal). 

The burden to the “Federal Government” is attributed entirely to work performed either by

Federal employees or government contractors; this burden is found below in Table 2: Average 

Annual EPA Burden and Cost – NESHAP for Mercury (40 CFR Part 61, Subpart E) (Renewal).

2. Need for and Use of the Collection

2(a) Need/Authority for the Collection

The EPA is charged under Section 112 of the Clean Air Act, as amended, to establish 

standards of performance for each category or subcategory of major sources and area sources 

of hazardous air pollutants (HAP). These standards are applicable to new or existing sources 

of hazardous air pollutants and shall require the maximum degree of emission reduction. In 

addition, section 114(a) states that the Administrator may require any owner/operator subject 

to any requirement of this Act to: 

(A) Establish and maintain such records; (B) make such reports; 

(C) install, use, and maintain such monitoring equipment, and use 

such audit procedures, or methods; (D) sample such emissions (in 

accordance with such procedures or methods, at such locations, at 

such intervals, during such periods, and in such manner as the 

Administrator shall prescribe); (E) keep records on control 

equipment parameters, production variables or other indirect data 

when direct monitoring of emissions is impractical; (F) submit 

compliance certifications in accordance with Section 114(a)(3); 

and (G) provide such other information as the Administrator may

reasonably require.

In the Administrator's judgment, HAP emissions from facilities that process mercury ore 

to recovery mercury cause or contribute to air pollution that may reasonably be anticipated to 

endanger public health or welfare. Therefore, the NESHAP were promulgated for this source 

category at 40 CFR part 61, subpart E.
3

2(b) Practical Utility/Users of the Data

The recordkeeping and reporting requirements in the standard ensure compliance with 

the applicable regulations which where promulgated in accordance with the Clean Air Act. The 

collected information is also used for targeting inspections and as evidence in legal proceedings.

Performance tests are required in order to determine an affected facility’s initial 

capability to comply with the emission standard. Continuous emission monitors are used to 

ensure compliance with the standard at all times. During the performance test a record of the 

operating parameters under which compliance was achieved may be recorded and used to 

determine compliance in place of a continuous emission monitor. 

The notifications required in the standard are used to inform the Agency or delegated 

authority when a source becomes subject to the requirements of the regulations. The reviewing 

authority may then inspect the source to check if the pollution control devices are properly 

installed and operated and leaks are being detected and repaired and the standard are being met. 

The performance test may also be observed.

The required semiannual reports are used to determine periods of excess emissions, 

identify problems at the facility, verify operation/maintenance procedures and for compliance 

determinations.

3. Non-duplication, Consultations, and Other Collection Criteria

The requested recordkeeping and reporting are required under 40 CFR part 61, subpart E.

3(a) Non-duplication

If the subject standards have not been delegated, the information is sent directly to the 

appropriate EPA regional office. Otherwise, the information is sent directly to the delegated 

state or local agency. If a state or local agency has adopted its own similar standards to 

implement the Federal standards, a copy of the report submitted to the state or local agency can 

be sent to the Administrator in lieu of the report required by the Federal standards. Therefore, 

duplication does not exist.

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

An announcement of a public comment period for the renewal of this ICR was published 

in the Federal Register (77 FR 47631) on August 9, 2012. No comments were received on the 

burden published in the Federal Register. 

3(c) Consultations

The Agency has consulted industry experts and internal data sources to project the 

number of affected facilities and industry growth over the next three years. The primary source 
4

of information as reported by industry, in compliance with the recordkeeping and reporting 

provisions in the standard, is the Online Tracking Information System (OTIS) which is operated 

and maintained by EPA's Office of Compliance. OTIS is EPA’s database for the collection, 

maintenance, and retrieval of all compliance data. The growth rate for the industry is based on 

our consultations with the Agency’s internal industry experts. 

Industry trade associations and other interested parties were provided an opportunity to 

comment on the burden associated with the standard as it was being developed and the standard 

has been previously reviewed to determine the minimum information needed for compliance 

purposes. In developing this ICR, we contacted: the 1) Olin Corporation, at (314) 480-1400; and 

2) the Frankfort Wastewater Treatment Plant, at (317) 654-6133.

It is our policy to respond after a thorough review of comments received since the last 

ICR renewal as well as those submitted in response to the first Federal Register notice. In this 

case, no comments were received. 

3(d) Effects of Less Frequent Collection

Less frequent information collection would decrease the margin of assurance that 

facilities are continuing to meet the standards. Requirements for information gathering and 

recordkeeping are useful techniques to ensure that good operation and maintenance practices are 

applied and emission limitations are met. If the information required by these standards was 

collected less frequently, the proper operation and maintenance of control equipment and the 

possibility of detecting violations would be less likely.

3(e) General Guidelines

These reporting or recordkeeping requirements do not violate any of the regulations 

promulgated by OMB under 5 CFR part 1320, section 1320.5.

3(f) Confidentiality

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 (CBI) (see 40 CFR 2; 41 FR 36902, 

September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43 FR 42251, September 20, 

1978; 44 FR 17674, March 23, 1979).

3(g) Sensitive Questions

The reporting or recordkeeping requirements in the standard do not include sensitive 

questions.
5

4. The Respondents and the Information Requested

4(a) Respondents/SIC Codes

The respondents to the recordkeeping and reporting requirements are owners or operators 

of facilities that process mercury. The United States Standard Industrial Classification (SIC) 

codes for the respondents affected by the standards, which corresponds to the North American 

Industry Classification System (NAICS) codes, are listed below for this source category. 

Standard (40 CFR Part 61, Subpart E) SIC Codes NAICS Codes

All Other Basic Inorganic Chemical Manufacturing 2819 325180

Sewage Treatment Facilities 4952 221320

4(b) Information Requested

(i) Data Items

In this ICR, all the data that is recorded or reported is required by NESHAP for Mercury

(40 CFR Part 61, Subpart E). 

A source must make the following reports:

Notifications

Notification and application of construction or modification. 61.06 and 61.07 

Notification of anticipated date of initial startup. 61.09(a)(1)

Notification of actual startup. 61.09(a)(2) 

Notification of physical or operational change which may increase 

the emission rate. 61.15

Notification of performance tests. 61.13(c) and (f)

Perform annual stack emission test.

61.53(a)(1), (a)(3),

(b)(1), (b)(3), (c)(1),

(c)(2), (d)(1), (d)(2),

(d)(4), 61.12, 

61.55(b)(1), (b)(2)

Performance of sludge test and determine mercury emissions. 61.54(a), (c), (d), (e)

Notification of stack emission test. 61.53(a)(2), (b)(2), 

(c)(3), (d)(3)

Certify monitoring device. 61.55(b)(5)

Notification of any parameter excursion that persists for 24 

consecutive hours or longer (Administrator must be notified within 

10 days).

61.55(b)(6)(i) and (ii)

Sludge sampling 61.54
6

Reports

Report of stack tests, emission test results and sludge sampling data.

61.53(a)(3), (a)(4), 

(b)(3), (b)(4), (d)(4), 

(d)(5) and 61.54(e), (f)

Optional submission of a plant-specific monitoring, record keeping, 

and recording plan. 61.55(c)

Semiannual reports of parameter excursions. 61.55(b)(7), (b)(8)

A source must keep the following records:

Recordkeeping

Maintain records of emission test results and sludge sampling data for 

a minimum of two years.

61.53(a)(5), (b)(5), 

(d)(6) and 61.54(g)

Maintain records of monitoring data, monitoring system calibration 

checks, and the occurrence and duration of periods where the 

monitoring system is malfunctioning or inoperative. Records shall be 

retained for at least two years.

61.14(f)

Maintain records for two years. 61.55(d)(2)

Monitor and record appropriate process or control device parameters 

once each hour. 61.55(b)(4)

Maintain daily records of all leaks or spills of mercury. 61.55(d)(1)

Electronic Reporting

Some of the respondents are using monitoring equipment that automatically records 

parameter data. Although personnel at the affected facility must still evaluate the data, internal 

automation has significantly reduced the burden associated with monitoring and recordkeeping at 

a plant site. 

Also, regulatory agencies in cooperation with the respondents continue to create reporting 

systems to transmit data electronically. However, electronic reporting systems are still not 

widely used. At this time, it is estimated that approximately 20 percent of the respondents use 

electronic reporting.

(ii) Respondent Activities

Respondent Activities

Read instructions.

Perform initial performance test, using Method 101 Appendix B for mercury ore processing 

facilities, Method 102 for mercury chlor-alkali plants with hydrogen streams, Method 101 

Appendix B for mercury chlor-alkali plants with cell room ventilation systems, Method 101A 

in Appendix B for sludge incineration and drying plants, or the alternative test Method 105 of 
7

Respondent Activities

Appendix B, and repeat performance tests if necessary.

Write the notifications and reports listed above.

Enter information required to be recorded above.

Submit the required reports developing, acquiring, installing, and utilizing technology and 

systems for the purpose of collecting, validating, and verifying information.

Develop, acquire, install, and utilize technology and systems for the purpose of processing and 

maintaining information.

Develop, acquire, install, and utilize technology and systems for the purpose of 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.

Transmit, or otherwise disclose the information.

Currently sources are using monitoring and reporting equipment that provide parameter 

data in an automated way e.g., continuous parameter monitoring system. Although personnel at 

the source still need to evaluate the data, this type of monitoring equipment has significantly 

reduced the burden associated with monitoring and recordkeeping.

5. The Information Collected: Agency Activities, Collection Methodology, and 

Information Management

5(a) Agency Activities

EPA conducts the following activities in connection with the acquisition, analysis, 

storage, and distribution of the required information.

Agency Activities

Observe initial performance tests and repeat performance tests if necessary.

Review notifications and reports, including performance test reports, and excess emissions 

reports, required to be submitted by industry.

Audit facility records.

Input, analyze, and maintain data in the Online Tracking Information System (OTIS). 

5(b) Collection Methodology and Management

Following notification of startup, the reviewing authority could inspect the source to 

determine whether the pollution control devices are properly installed and operated. 

Performance test reports are used by the Agency to discern a source’s initial capability to comply 

with the emission standard. Data and records maintained by the respondents are tabulated and 

published for use in compliance and enforcement programs. The semiannual reports are used 
8

for problem identification, as a check on source operation and maintenance, and for compliance 

determinations.

Information contained in the reports is entered into OTIS which is operated and 

maintained by EPA's Office of Compliance. OTIS is EPA’s database for the collection, 

maintenance, and retrieval of compliance data for approximately 125,000 industrial and 

government-owned facilities. EPA uses the OTIS for tracking air pollution compliance and 

enforcement by local and state regulatory agencies, EPA regional offices and EPA headquarters. 

EPA and its delegated Authorities can edit, store, retrieve and analyze the data.

The records required by this regulation must be retained by the owner/operator for 

two years.

5(c) Small Entity Flexibility

A majority of the respondents are large entities (i.e., large businesses). However, the 

impact on small entities (i.e., small businesses) was taken into consideration during the 

development of the regulation. Due to technical considerations involving the process operations 

and the types of control equipment employed, the recordkeeping and reporting requirements are 

the same for both small and large entities. The Agency considers these to be the minimum 

requirements needed to ensure compliance and, therefore, cannot reduce them further for small 

entities. To the extent that larger businesses can use economies of scale to reduce their burden, 

the overall burden will be reduced.

5(d) Collection Schedule

The specific frequency for each information collection activity within this request is 

shown below in Table 1: Annual Respondent Burden and Cost – NESHAP for Mercury (40 CFR 

Part 61, Subpart E) (Renewal).

6. Estimating the Burden and Cost of the Collection

Table 1 documents the computation of individual burdens for the recordkeeping and 

reporting requirements applicable to the industry for the subpart included in this ICR. The 

individual burdens are expressed under standardized headings believed to be consistent with the 

concept of burden under the Paperwork Reduction Act. Wherever appropriate, specific tasks and 

major assumptions have been identified. Responses to this information collection are mandatory.

The 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.

6(a) Estimating Respondent Burden

The average annual burden to industry over the next three years from these recordkeeping 

and reporting requirements is estimated to be 20,490 (Total Labor Hours from Table 1 below). 
9

These hours are based on Agency studies and background documents from the development of 

the regulation, Agency knowledge and experience with the NESHAP program, the previously 

approved ICR, and any comments received.

6(b) Estimating Respondent Costs

(i) Estimating Labor Costs

This ICR uses the following labor rates: 

Managerial $121.44 ($57.83 + 110%) 

Technical $100.23 ($47.73 + 110%)

Clerical $50.51 ($24.05 + 110%)

These rates are from the United States Department of Labor, Bureau of Labor Statistics, March 

2012, “Table 2. Civilian Workers, by occupational and industry group.” The rates are from 

column 1, “Total compensation.” The rates have been increased by 110 percent to account for 

the benefit packages available to those employed by private industry.

(ii) Estimating Capital/Startup and Operation and Maintenance Costs

The only costs to the regulated industry resulting from information collection activities 

required by the subject standard are labor costs. There are no capital/startup or operation and 

maintenance costs.

 

(iii) Capital/Startup vs. Operation and Maintenance (O&M) Costs

The only type of industry costs associated with the information collection activity in the 

regulations is labor cost. There are no capital/startup or operation and maintenance costs.

6(c) Estimating Agency Burden and Cost

The only costs to the Agency are those costs associated with analysis of the reported 

information. EPA's overall compliance and enforcement program includes activities such as the 

examination of records maintained by the respondents, periodic inspection of sources of 

emissions, and the publication and distribution of collected information. 

The average annual Agency cost during the three years of the ICR is estimated to be 

$32,338. 

This cost is based on the average hourly labor rate as follows:

Managerial $62.27 (GS-13, Step 5, $38.92 + 60%) 

Technical $46.21 (GS-12, Step 1, $28.88 + 60%)

Clerical $25.01 (GS-6, Step 3, $15.63 + 60%)
10

These rates are from the Office of Personnel Management (OPM), 2012 General Schedule,

which excludes locality, rates of pay. The rates have been increased by 60 percent to account 

for the benefit packages available to government employees. Details upon which this estimate is 

based appear below in Table 2: Average Annual EPA Burden and Cost – NESHAP for Mercury

(40 CFR Part 61, Subpart E) (Renewal).

6(d) Estimating the Respondent Universe and Total Burden and Costs

Based on our research for this ICR, on average over the next three years, approximately

107 existing respondents will be subject to the standard. It is estimated that no additional 

respondents per year will become subject. The overall average number of respondents, as shown 

in the table below, is 107 per year.

The number of respondents is calculated using the following table that addresses the three 

years covered by this ICR. 

Number of Respondents

Respondents That Submit Reports Respondents That Do 

Not Submit Any Reports

Year

(A)

Number of New 

Respondents 1

(B)

Number of 

Existing 

Respondents

(C)

Number of Existing 

Respondents that keep 

records but do not 

submit reports

(D)

Number of 

Existing 

Respondents That 

Are Also New

Respondents

(E)

Number of 

Respondents

(E=A+B+C-D)

1 0 107 0 0 107

2 0 107 0 0 107

3 0 107 0 0 107

Average 0 107 0 0 107

Column D is subtracted to avoid double-counting respondents. As shown above, the 

average Number of Respondents over the three year period of this ICR is 107. 

The total number of annual responses per year is calculated using the following table:

Total Annual Responses

(A)

Information Collection Activity

(B)

Number of 

Respondents

(C)

Number of 

Responses

(D)

Number of Existing 

Respondents That 

Keep Records But Do 

Not Submit Reports

(E)

Total Annual Responses

E=(BxC)+D

Notification of 

construction/reconstruction 0 1 0 0

Notification of initial startup 0 1 0 0

Notification of actual startup 0 1 0 0

Notification of initial 

performance test 0 1 0 0
11

Total Annual Responses

Report of annual emission test 100 1 0 100

Submit semiannual report 7 2 0 14

Notification of parameter 

excursions 7 2 0 14

Total 128

The number of Total Annual Responses is 128. 

The total annual labor costs are $1,984,018. Details regarding these estimates may be 

found below in Table 1: Annual Respondent Burden and Cost – NESHAP for Mercury (40 CFR 

Part 61, Subpart E) (Renewal).

6(e) Bottom Line Burden Hours and Cost Tables

The detailed bottom line burden hours and cost calculations for the respondents and the 

Agency are shown in Tables 1 and 2, respectively, and summarized below. 

(i) Respondent Tally

The total annual labor hours are 20,490 at a cost of $1,984,018. Details regarding these 

estimates may be found below in Table 1: Annual Respondent Burden and Cost – NESHAP for 

Mercury (40 CFR Part 61, Subpart E) (Renewal). 

Furthermore, the annual public reporting and recordkeeping burden for this collection of 

information is estimated to average 160 hours per response.

There are no capital/startup or O&M costs. 

(ii) The Agency Tally

The average annual Agency burden and cost over next three years is estimated to be 718

labor hours at a cost of $32,338. See below Table 2: Average Annual EPA Burden and Cost –

NESHAP for Mercury (40 CFR Part 61, Subpart E) (Renewal).

6(f) Reasons for Change in Burden

There is no change in the burden hours 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 non-existent, so there is no significant change in the overall burden. 

There is an increase in costs for both the respondents and the Agency from the most 

recently approved ICR. The increase in burden cost is due to an increase in labor rates. This 

ICR uses updated labor rates from the U.S. Bureau of Labor Statistics to calculate burden costs.
12

6(g) 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 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.

An agency may not conduct or sponsor, and a person is not required to respond to, a 

collection of information unless it displays a valid OMB Control Number. The OMB Control 

Numbers for EPA regulations are listed at 40 CFR part 9 and 48 CFR chapter 15.

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-OECA-2012-0529. An electronic version of the public docket is 

available at http://www.regulations.gov/ which may be used 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. When in the system, select “search,” then key in the docket ID number identified 

in this document. The documents are also available for public viewing at the Enforcement and 

Compliance Docket and Information Center in the EPA Docket Center (EPA/DC), EPA West, 

Room 3334, 1301 Constitution Ave., 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 docket center is (202) 566-1752. Also, you can send comments to the Office of 

Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, 

Washington, DC 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID 

Number EPA-HQ-OECA-2012-0529 and OMB Control Number 2060-0097 in any

correspondence. 

Part B of the Supporting Statement

This part is not applicable because no statistical methods were used in collecting this 

information.
13

Table 1: Annual Respondent Burden and Cost – NESHAP for Mercury (40 CFR Part 61, Subpart E) (Renewal)

Burden item

(A)

Person 

hours per 

occurrence

(B)

No. of 

occurrences 

per 

respondent 

per year

(C)

Person 

hours per 

respondent 

per year

(C=AxB)

(D)

Respondents 

per year 

a

(E)

Technical 

personhours per 

year

(E=CxD)

(F)

Management 

person hours 

per year

(Ex0.05)

(G)

Clerical 

person 

hours 

per year

(Ex0.1)

(H)

Total Cost 

Per year b

1. Applications N/A

2. Survey and Studies N/A

3. Reporting requirements

 New Sources

 A. Read instructions c1 1 1 0 0 0 0 $0 

 B. Required activities

 Initial performance test d24 1 24 0 0 0 0 $0 

 Repeat performance test e24 0.2 4.8 0 0 0 0 $0 

 C. Create information See 3B

 D. Gather existing information See 3B

 E. Write reports

 New Sources

 Notification of construction/reconstruction f2 1 2 0 0 0 0 $0 

 Notification of initial startup g2 1 2 0 0 0 0 $0 

 Notification of actual startup g2 1 2 0 0 0 0 $0 

 Report of initial performance test See 3B

 Notification of initial performance test 2 1 2 0 0 0 0 $0 

 Existing Sources

 Report of annual emission test h12 1 12 100 1,200 60 120 $133,623.60 

 Submit semiannual report i8 2 16 7 112 5.6 11.2 $12,471.54 

 Notification of parameter excursions j4 2 8 7 56 2.8 5.6 $6,235.77 

Subtotal for Reporting Requirements 1,573 $152,331

4. Recordkeeping requirements

 A. Read instructions See 3A

 B. Plan activities See 3B

 C. Implement activities See 3B

 D. Develop record system

 Record operating parameters k0.25 365 91.25 107 9,763.75 488.19 976.38 $1,087,222.85 

 Record mercury leaks l0.25 365 91.25 7 638.75 31.94 63.88 $71,126.73 
14

Burden item

(A)

Person 

hours per 

occurrence

(B)

No. of 

occurrences 

per 

respondent 

per year

(C)

Person 

hours per 

respondent 

per year

(C=AxB)

(D)

Respondents 

per year 

a

(E)

Technical 

personhours per 

year

(E=CxD)

(F)

Management 

person hours 

per year

(Ex0.05)

(G)

Clerical 

person 

hours 

per year

(Ex0.1)

(H)

Total Cost 

Per year b

 Record monitored parameters l0.5 365 182.5 7 1,277.5 63.88 127.75 $142,253.46 

 Compile data for semiannual reports m8 2 16 7 112 5.6 11.2 $12,471.54 

 Maintain data on mercury leaks n0.5 52 26 7 182 9.1 18.2 $20,266.25 

 Maintain data on monitored parameters n0.5 52 26 7 182 9.1 18.2 $20,266.25 

 E. Time to enter information

 Records of startup, shutdown, and 

malfunction o

1.5 53.5 80.25 53.5 4,293.38 214.67 429.34 $478,080.19 

 F. Audits N/A

Subtotal for Recordkeeping Requirements 18,917 $1,831,687

TOTAL LABOR BURDEN AND COST 20,490 $1,984,018 

Assumptions:

a

 We have assumed that there are approximately 107 existing sources currently subject to this rule. There will be no additional new source that will become subject to 

the rule over the three-year period of this ICR.

b

 This ICR uses the following labor rates: $121.44 per hour for Executive, Administrative, and Managerial labor; $100.23 per hour for Technical labor, and $50.51

per hour for Clerical labor. These rates are from the United States Department of Labor, Bureau of Labor Statistics, March 2012 ”Table 2. Civilian Workers, by 

occupational and industry group.” The rates are from column 1, ”Total compensation.” The rates have been increased by 110 percent to account for the benefit 

packages available to those employed by private industry.

c

 We have assumed that it will take 1 hour for a new respondent to read instructions. 

d

 We have assumed that it will take each new respondent 24 hours to complete initial performance test.

e

 We have assumed that 20 percent of new respondents will repeat the performance test due to failure.

f

 We have assumed that each new respondent will take two hours to write notification reports on construction/reconstruction.

g

 We have assumed that it will take each new respondent two hours each to write notification reports on initial startup and actual startup.

h We have assumed that 100 0f the existing respondents will take 12 hours to write reports on the annual emission tests.

i

 We have assumed that seven of the existing respondents will each have to submit semiannual reports.

j

 We have assumed that seven of the existing respondents will write notification reports on parameter excursions two times per year.

k

 We have assumed that all respondents will record operating parameters 365 days per year.

l

 We have assumed that seven respondents will each have to record mercury leaks and monitored parameters.

m

 We have assumed that seven respondents will each take eight hours to compile data for semiannual reports.

n

 We have assumed that each of the seven respondent will have to maintain data on mercury leaks and monitored parameters 52 times per year.
15

o

 We have assumed that 50 percent of the respondents will each take 1.5 hours to record information of startup, shutdown, and malfunctions.
16

Table 2: Average Annual EPA Burden and Cost – NESHAP for Mercury (40 CFR Part 61, Subpart E) (Renewal)

Activity

(A)

EPA 

personhours per 

occurrence

(B)

No. of 

occurrences 

per plant 

per year

(C)

EPA 

personhours 

per plant 

per year

(C=AxB)

(D)

Plants 

per 

year 

a

(E)

Technical 

personhours per 

year

(E=CxD)

(F)

Management 

person-hours 

per year

(Ex0.05)

(G)

Clerical 

personhours 

per year

(Ex0.1)

(H)

Cost, $ b

Required activities

 New Plants

 Initial performance test c24 1 24 0 0 0 0 $0 

 Repeat performance test c, d 24 0.2 4.8 0 0 0 0 $0 

Report Review

 New Plants

 Notification of construction e  0.5 1 0.5 0 0 0 0 $0 

 Notification of initial startup e0.5 1 0.5 0 0 0 0 $0 

 Notification of actual startup e0.5 1 0.5 0 0 0 0 $0 

 Notification of initial test e0.5 1 0.5 0 0 0 0 $0 

 Review test resultsf8 1 8 0 0 0 0 $0 

 Participate in performance test g24 1 24 0 0 0 0 $0 

 Existing Plants

 Annual emission test 4 1 4 100 400 20 40 $20,729.80 

 Review semiannual reports h8 2 16 7 112 5.6 11.2 $5,804.34 

 Review notification on monitored parameters i8 2 16 7 112 5.6 11.2 $5,804.34 

TOTAL ANNUAL BURDEN AND COST 718 $32,338 

Assumptions:

a

 We have assumed that there are approximately 107 existing sources currently subject to this rule. There will be no additional new sources that will become subject to 

the rule over the three-year period of this ICR.

b

 This cost is based on the following labor rates which incorporates a 1.6 benefits multiplication factor to account for government overhead expenses: $62.57 for 

Managerial (GS-13, Step 5, $38.92 x 1.6), $46.21 for Technical (GS-12, Step 1, $28.88 x 1.6), and $25.01 Clerical (GS-6, Step 3, $15.63 x 1.6). These rates are from 

the Office of Personnel Management (OPM) “2012 General Schedule” which excludes locality rates of pay.

c

 We have assumed that each respondent will take 24 hours to participate in the performance tests. 

d

 We have assumed that 20 percent of new respondents will have to repeat the performance tests due to failure.

e We have assumed that it will take each new respondent 0.5 hours to review notification reports.

f

 We have assumed that each respondent will take 8 hours to review test results.
17

g

 We have assumed that each respondent will take 24 hours to participate in the performance test.

h

 We have assumed that seven existing respondents will take eight hours two times per year to review semiannual reports.

i

 We have assumed that seven respondents will take eight hours each to review notification of monitored parameters.