Supporting Statement for the Control Technology

Determinations for Constructed and Reconstructed Major Sources of Hazardous Air Pollutants,

40 CFR part 63, subpart B
Prepared b y Office of Air Quality

Planning and Standards2 

## Part A of the Supporting Statement **1. IDENTIFICATION OF THE INFORMATION COLLECTION**  **1(a) Title of the Information Collection**  This Information Collection Request (ICR) is entitled “Control Technology Determinations for Constructed and Reconstructed Major Sources o f Hazardous Air Pollutants ( 40 CFR part 63, subpart B ) ” and numbered as EPA I CR Number 1658.0 7 and Office of Management and Budget (OMB) Control Number 2060
- 0373. **1(b) Short Characterization**  Section 112(g)(2)(B) of the Clean Air Act as amended in 1990 (CAA) requires that maximum achievable control technology (MACT) standards be met by constructed or reconstructed major sources of h azardous air pollutants (HAP). Where no applicable emission limit has been set, the MACT determination shall be made on a case
- by
- case basis. This I CR supports the regulations at 40 CFR part 63, subpart B (sections 63.40

– 63.44 ) to implement section 112(g). It addresses the informatio n collection burden (hour s and costs) to three parties: (1) industry respondents subject to these provisions, (2) State, local, and Tribal agencies that review applications made under these provisions, and (3) the EPA for oversight review of a percentage o f State/local decisions. The information collection activities for which burden estimates are calculated are summarized below. Owners or operators who construct or reconstruct a major source of HAP emissions must comply with an y applicable MACT standard. Where no MACT standard exists, a case
- by
- case determination of MACT (case
- by
- case MACT) under CAA secti on 112(g) must be made. The owner or operator is responsible for obtaining such a ca se - by
- case MACT determination. This ICR contains supporting informati on for case
- by
- case MACT determinations. State, local, and Tribal agencies with operating permit programs that have been approved by the EPA will review applications submitted by sources under the CAA section 112(g) provisions. These permitting agencies must determine the level of control that will be necessary to meet case - by
- case MACT requirements for new sources. Finally , the EPA will review a percentage of the determinations in order to provide oversight of the various State, local, and Tribal permitti ng authorities. **2. NEED FOR AND USE OF THE COLLECTION**  **2(a) Need / Authority for the Collection** 3

Th is information is needed and used to determine if the entity submitting an application for a case
- by
- case MACT determination has met the criteria establishe d in the CAA section 112(g) rule. This information is necessary for the State or local agency to make the case - by
- case determination. Finall y, this information is needed by the Administrator to review a portion of the case - by
- case determinations to ensure that the program is functioning as intended. The need and authority for this information collection is contained in CAA section 112(g) 42 U.S.C. 7401 (et seq.) as amended b y Pub. L. 101
- 549. **2(b) Practical Utility / Users of the Data**  The information col lected in the CAA section 112(g) applications provides (for the purposes of compliance determination) documentation of the selection of a particular control tec hnology

for case
- by
- case MACT. Applications are reviewed by a State or local agency

for which authority

has been delegated by the EPA to make the requisite determinations. Inaddition, the EPA will review some applications as an oversight function. **3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION**  **CRITERIA 3(a)**  **Nonduplication** This information collection is not unnecessaril y duplicative of information otherwis e reasonabl y accessible to us. For instances where other information items (e.g., a site plan) may have been previousl y collected from source owners or operators b y the permitting authority in support of other applications, it is possible to use this information to meet all or part of the requirements o f this information collection. Ingeneral, however, most items of information are tailored specifically

for the individual case
- by
- case MACT determinations, meaning that previously

submitted information is likely to be inadequate for CAA section 112(g) purposes. **3(b) Public Notice Required Prior to ICR Submission to OMB**  EPA issued a Federal Register notice requesting comments on the I CR renewal on September 9, 2009 (76 FR 55905 ) , and received no comment
. **3(c) Consultations**  The final rule for subpart B was issued on December 27, 1996 (61 FR 68384). Since then, we have gained extensive experience in working with the State and local agencies in developing case - by
- case MACT determinations for sources subject to CAA section 112(g). We have consulted with knowledgeable State agency staff who have been involved in making case
- by
case MACT determinations ov er the past 3 ye ars and p otential industry respondents. We used this information to prepare this I CR renewal package.4

In general, State contacts confirmed that there has been a low level of activity related to CAA section 112(g) applications over the last few years and that most of the applications were for major sources that were eventually subject to CAA section 112(d) MACT standards or for sources that ended up taking enforceable permit limits to keep their emissions below the CAA section 112(g) applica

bility threshol d (i.e., major source status). They confirmed that the relative burden hours for the State review of these applications were on average reasonable. They also reported that there were no major concerns related to the burden associated with th e section CAA 112(g) requirements b y the permit applicants they worked with. The industry contact raised no major issues with the hourly burden estimate. The following table lists the contact information of the people we consulted. Name Agency Phone Number James Geier Colorado Department of Public Health and Environment 303/692/3167 Joseph Eller South Carolina Department of Health and Environmental Control 803/898
- 4079 Cindy Phillips Florida Department of Environmental Protection 850/921
- 9534 Brian Toth Southern Company 205/257
- 7440 **3(d) Effects of Less Frequent Collection**  This section does not apply because the information required to be submitted by each applicant would be submitted on a one
- time
- onl y basis. **3(e) General Guidelines**  None of the general information collection guidelines in 5 CFR 1230.5(d)(2) of the OMB regulations implementing the Paperwork Reduction Act is being exceeded in the CAA section 112(g) regulations. **3(f) Confidentiality**  All information submitted to us for which a claim of confidentiality is made will be safeguarded according to the policies set forth in Title 40, Chapter 1, part 2, subpart B, Confidenti ality

of Business Information. See 40 CFR; 41 FR 36902, September 1, 1976; amended b y 43 FR 3999, Septembe r 8, 1978; 43 FR 42251, September 28, 1978; and 44 FR 17674, March 23, 1979
. Even where we have determined that data received in response to an5

ICR is eligible for confidential treatment under 40 CFR part 2, subpart B, we may nonetheless disclose the infor

mation if it is “relevant in any proceeding” under the statute [42 U.S.C. 7414(c); 40 CFR 2.301(g)]. The information collection complies with the Privacy Act of 1974 and OMB Circular 108. **3(g) Sensitive Questions**  T his section is not applicable. This I CR does not contain any sensitive questions relating to sexuality , religious beliefs, or other matters usually considered private. **4. THE RESPONDENTS AND THE INFORMATION REQUESTED**  **4(a) Respondents / SIC Codes**  Respondents include owners/operators of constru cted or reconstructed major sources of HAP where no applicable MACT e mission limit has been set. The section 112(g) regulations define “construct a major source” and “reconstruct a major source” at 40 CFR 63.41 (also see Sect ion 6(a)(i) of this document). A major source is defined as one that emits more than 10 tons per year of an y HAP, 25 tons per year for a combination of all HAP, or amounts exceeding any lesser quantity

cutoff established under 40 CFR part 63. This definition of major source cuts across a wide variety

of industries, including both manufacturing and non
- manufacturing sources. See Attachment 1 for a list of potentially affected industry

sectors
. Potentially

affected sources include those formerly subject to the vacated MACT standards for po ly vinyl chloride and copol ym ers production; brick and structural clay products manufacturing; and clay ceramics manufacturing
. Respondents also include State, local and tribal agencies that make the cas e - by
- case MACT determinations. These government esta blishments are classified as Air and Water Resource and Solid Waste Management Programs under Standard Industrial Classification (SI C) code 9511 and North American Industry Classification System (NAICS) code 92411. **4(b) Information Requested**  (i ) Data Items, Including Recordkeeping Requirements All items addressed in this I CR involve information submitted with the application. There are no recordkeeping requirements per se , although some of the information necessary to document control options would require the source to have kept records of certain information. The data items for the CAA section 112(g) rule consist of the following: Actual Emissions
. Sources complying wi th the requirements of CAA section 112(g) under the case
- by
- case MACT provisions (i.e., constructed and reconstructed major sources) generall y do not have to provide detailed anal yt ic determinations of individual HAP if the6

owner/operator agrees that the HAP emissions will exceed major source thresholds that will subject the construction or reconstruction to the CAA section 112(g) requirements. Rather, the source needs onl y to identify and quantify classes and types of pollutants to a sufficient degree to s upport the MACT evaluation. Case

- by

- Case MACT Determination
. The source owner or operator must submit the following information when it performs a case
- by
- case MACT determination [40 CFR 63.43(e)]:

 The name and address (phy sical location) of the major so urce and affected source(s) undergoing construction or reconstruction ;  A brief description of the major source, its source category or subcategory , and a description of the affected stationary source(s) requiring a MACT determination ;  The expected commence ment date of the construction or reconstruction of the affected source ;  The expected completion date of the construction or reconstruction of the affected sources ;  The anticipated date of start
- up ;  The ty

pe of HAP emitted by

each emission unit and the emis sion rate for each HAP ;  Any federall y- enforceable emission limitations applicable to the MACT
- affected emissions units ;  The maximum capacity and expected utilization, and associated uncontrolled emission rates, for the MACT
- affected emissions units (potent ial to emit in an uncontrolled state) ;  Controlled emissions for the MACT
- affected emission unit in tons per year (potential to emit in a controlled state) ; and  A recommended emission limitation for the MACT
- affected emission unit that complies with all rel evant emission standards
. If the application specifies additional control technology or a change in control technologies, the application must include:

 The candidate control technology to meet the emission limitation including technical information on the design, operation, size, estimated control efficiency , etc. ;  Supporting documentation including identification of alternative control technologies considered to meet the emission limitation, and an anal ys is of non
- air quality health environmental impac ts or energy requirements for the selected MACT candidate ; and  Any other information which may be required pursuant to 40 CFR part 63, subpart A. (ii) Respondent Activities. Activities that the owner or operator must perform are listed in this section.

 Read applicable regulations to determine compliance requirements ;7

 Assemble necessary

source information, including source identification and descriptive information, construction schedules, sufficient data on classes and ty pes of pollutants to support th e MACT evaluations, and potential to emit (controlled and uncontrolled) ;  Id entify

and describe MACT candidate, any required MACT limits, expected emissions limitation, and MACT installation schedule ;  Prepare and submit application ; and  Revise application p er comments received from the permitting authority , ensuring compliance with the case - by
- case MACT decision
. The permitting authority , ty picall y the State, local or Tribal air agency, will perform the following activities:

 Answer respondent questions ;  Lo g in and review applications ;  Request additional information for incomplete applications ;  When no MACT standard has been promulgated, verify that the source will achieve the level of control necessary to meet case - by
- case MACT requirements for constructe d or reconstructed sources ; and  In form the source of permitting authority' s decision regarding the application. **5. THE INFORMATION COLLECTED**  **-- AGENCY ACTIVITIES, COLLECTION**  **METHODOLOGY, AND INFORMATION MANAGEMENT 5(a)**  **Agency Activities** In carrying out its oversight role, the EPA will review the decision of the permitting authority
. **5(b) Collection Methodology and Management**  It will be the responsibility of the owners or operators of the constructed or reconstructed major sources affected by these regu lations to submit an application to the permitting authority. Applications will be prepared and submitted according to guidance issued in conjunction with the CAA section 112(g) rules. No forms are contained in the regulations for CAA section 112(g) appli cations. The permitting authority

will determine how to log in and track applications. MACT determinations are perf

ormed on a case
- by
- case basis. Itwill also be the responsibility of the permitting authority to provide the EPA with the information necessary for oversight review. For each application, the applicant will be required to supply information on how the data were obtained (e.g., indicate whether the emissions data were obtained through the use of8

emission factors or test data) and ho w cal culations were performed. Qualified staff at the permitting authority will check the quality of the data submitted by the appl icant on a case
- by
case basis. This will be done by reviewing control technology determinations for similar sources, by reviewing test data, and by chec king engineering calculations. Confidential information submitted by

the applicant will be handled by the permitting authority in conformance with confidential in formation handling procedures. No specific provisions have been made for electronic methods of submittal. The CAA section 112(g) regulations will not require the request of information through any typ e of survey
. **5(c) Small Entity Flexibility**  Minimizing the information collection burden for all sizes of organizations is a continu ing principle for our efforts. The CAA section 112(g) regulation s only include the application and recordkeeping and reporting requirements we need to determine compliance with the rule. We have reduced the collection burden to the extent practicabl e and appropriate, including consideration of the resources available to the respondents and clarifying, consolidating, and simplifying the requirements. Furthermore, we do not anticipate that any small entities will be participating in this program. **5(d) Collection Schedule**  Each source affected b y the CAA section 112(g) regulations will be requ ired to submit an application. Preparation of the application in compliance with the CAA section 112(g) rules is a one - time
- onl y activity (i.e., once for each cons truction or reconstruction subject to the CAA section 11 2(g) provisions). The CAA section 112(g) regulations will not require periodic reporting or surveys. **6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION**  **6(a) Estimating Respondent Burden**  (i ) Estima ting Industry Burden Respondents include owners/operators of major sources of HAP, for which no MACT standard is in effect, that undertake c onstruction or reconstruction. To construct a major source means generall y to fabricate, erect, or install at any “ greenfield” site a major source of HAP, or to fabricate, erect, or install at any developed site a new process or production unit which in and of itself is a major source (40 CFR 63.41). To reconstruct a major source means to replace components of an exist ing process or production unit that in and of itself is a major source of HAP to the extent that the fixed capital costs of the replacement components exceeds 50 percent of the fixed capital cost that would be required to construct a comparable process or production9

unit, and it is technically

and economically

feasible for the reconstructed major source to meet the applicable MACT emission limitation of new sources established under the CAA section 112(g) regulations. (id.) When calculating the burden hours for this ICR, we made assumptions about the number of sources that would submit applications each ye ar. As discussed in more detail in Section 6(d), Estimating the Respondent Universe and Total Burden Costs, we have conservativel y estimated that there cou ld be about 6 sources affected b y CAA section 112(g) over the next 3 years. We retained the same activities and burden hour estimates per respondent used in the previous I CR (I CR Number 1658.06). Based on our consultations, we did not identify an y concern s that the burden hours associated with preparing an application are understated. Contacts noted that these sources are often also complying with New Source Review requirements and other State preco nstruction permitting as well. The additional information needed that is unique to the CAA section 112(g) application is an estimate of HAP emissions. The total hours associated with preparing the application in Table 1 are for technical hours only
. Table 4 contains the results of the burden hours calculation f or each activity during each ye ar of this I CR. Overall, the CAA section 112(g) regulations contain an average burden of 345 hours per ye ar. (ii) Estimating State, Local, and Tribal Agency Burden The estimated number of State, local and Tribal agency resp ondents is equal to the number of estimated permit applications
. We retained the same activities and burden hour estimates per respondent used in the previous ICR (I CR Number 1658.0 6 ). Based on our consultations, we determined that the previous estimate of 80 technical hours per application is a reasonable average estimate. Some applications might be more complex and take more hours, but others would be similar to other sources and/or MACT standards or represent simple scenarios and would take fewer hours. The total hours associated with preparing the application in Table 2 are for technical hours only
. Table 4 contains the results of the burden hours calculation for each activity during each ye ar of this I CR. Overall, the CAA section 112(g) regulations contain an average burden of 184 hours per ye ar for State, local, and Tribal agencies. **6(b) Estimating**  **Respondent Costs** (i ) Estimating Industry Costs Wage rates were based on raw labor rates for the Manufacturing Sector (NAICS 31 thru 34), loaded using an overhead factor of 110 percent
. The resulting rates are $115.12 for management personnel, $77.77 for technical personnel and $30.58 for clerical personnel. These values were taken from the Bureau of Labor Statistics (BLS) Occupational Employ ment10

Statistics Survey

website
. The Employ

ment Cost Index is located at: http://www.bls .gov/news.release/eci.t02.htm. Table 1 provides a breakdown of labor hours and associated costs per occurrence for each activity in each part of the application process for affected so urces. The respondent labor costs are found b y multiplying the burden hours associated with each activity

by the hourly

rate asso ciated with each labor ty pe. In total, the CAA section 112(g) regulations contain an average labor cost of $ 28,089 per year. T able 4 contains the results of the calculation of labor costs for the respondents. This I CR does not require any capital or start
- up costs for equipment, machinery , and construction. Industry applicants submitting CAA section 112(g) applications for case
- by
- case MACT determinations must transmit their findings to the delegated State, local, and Tribal agency , which results in ph otocopying and postage costs. We determined that two types of documents wo uld be both copied and mailed: 2
- ounce letters and 1
- pound packages. The 2
- ounce letter would contain 5 pages, and the 1
- pound pa ckage would contain 200 pages. Based on the ty pical price to cop y a page, we used $0.05 a page as our p rice per unit cost of copying
. The cost for mailing a 2
- ounce letter and 1
- pound package via the United States Postal Service is $0.58 and $4.50 , respectivel y. We also assumed that a total of three copies would be ma de fo r each letter or package. We estimate that each applicant will submit one package (the permit app lication) and one l etter (response to questions). Table 5 summarizes the total copyi ng and mailing costs per ye ar. For industry

respondents, the average cost for copying and postage is $ 153 per year. Therefore, the average total cost to respondents, including labor cost and copying/postage cost, is $ 2 8,242 per ye ar. Table 6 shows this breakdown by year. (ii) Estimating State, Local, and Tribal Agency Costs The activities for State, local, and Tribal agencies are divided into the activities that would take place for the applicatio n process as shown in Table 2. Wage rates for State, local, and Tribal employees were retrieved from the BLS website
. Employer costs per hour worked for employee compensation and costs as a percent of total c ompensation: State and local government workers, b y occupational group and full
- time and part
- time status ) and are as follows: $33.11 per hour for management labor, $33.22 per hour for technical labor, and $16.39 per hour for clerical labor. We added in th e value of total benefits in BLS
. We chose 20 percent of the base rate as the percentage of sal ary that constitutes overhead. The addition of benefits and overhead to the hourly rate produces a pay

rate that reflects the true cost to employ a State, L ocal, or Tribal agency worker. The f

ollowing is a summary

of the computed hourly

wages for State, Local, and Tribal agency

employees.11 **Hourly Labor Rates for State, Local, and Tribal Respondents Labor Type**  **Hourly Rate Benefits**  **Overhead (20 % Salary)**  **Adjusted Hourly**  **Rate Managem**  **ent** $33.11 $14.18 $6.62 $53.91 **Technical** $33.22 $13.79 $6.64 $53.65 **Clerical** $16.39 $10.21 $3.28 $29.88 The State and local labor costs are found b y multiplying the burden hours associated with each activity

by the hourly

rate as sociated with each labor ty pe. In total, the CAA section 112(g) regulations contain an average labor cost of $ 9,782 per year. Table 4 contains the results of the calculation of labor costs for the State and local agencies. This I CR does not require any ca pital or start
- up costs for equipment, machinery , and construction. State, local, and Tribal agencies responding to applications for case
- by
- case MACT determinations must transmit their findings to the applicant, which results in p hotocopying and postage costs. Copying and postage costs were calculated in the s ame manner as described above. We estimate that each State, local, and Tribal agency responding to an application will send three letters (receipt of complete application and/or notice of additional information, notice of MACT approval to source, no tice of MACT approval to the EPA). Table 5 summarizes the total copyi ng and mailing costs per year. For State, local, and Tribal agencies, the total average cost for cop yi ng and postage is $ 15 per ye ar. The refore, the average total cost to respondents, including labor cost and copying/postage cost is $ 9,797 per year. Table 6 shows this breakdown by year. **6(c) Estimating Agency Burden and Costs**  Under the CAA section 112(g) regulations, the EPA serve s in an oversight capacity and audit s approximately

10 percent of all applications processed by State, local, Tribal agencies, for an average of about 2 to 3 applications per year. Since MACT applications are rare, we conservativel y estimated that the EPA would re view one application a ye ar. Inreviewing and evaluating these applications, we will carry out the activities liste d in section 5(a) of this ICR. We retained the same activities and burden hour estimates used in the previous I CR (ICR Number 1658.0 6 ). Table 4 contains the results of the burden hours calculation for each activity during each ye ar of this ICR
. Overall, the section CAA 112(g) regulations contain an average burden of 84 hours per ye ar for the EPA. We calculated the hourly rates for the EPA employees using information on annual12

salaries from the Internet site for the Office of Personnel Mana gement. We used the appropriate pay grade levels for management, technical, and clerical personnel. We divided the annual pay rate b y 2080, the amount of working hours during a calendar ye ar , to get the hourly wage rate. We then multiplied this rate b y 1.6 to produce a pay rate that reflects the true cost to the Federal government to employ

a worker. The value of 1 .6 incorporates the addition of benefits at 40 percent of salary

and the addition of overhead at 20 percent of salary to the hourly

rate. Following is a summary

of the computed wages for the EPA personnel.

**Hourly Labor Rates for EPA Labor Type**  **Pay**

**Grad e**  **Annual**

**Salary Hourly** 

**Rate Benefits** 

**(40 % Salary) Overhead** 

**(20 % Salary) Adjusted** 

**Hourly Rate Managem**  **ent** GS
- 15 $ 117,202 $ 56.35 $ 22.54 $ 11.72 $ 90.16 **Technical** GS
- 12 $ 70,906 $ 34.09 $ 13.64 $ 6.82 $ 54.54 **Clerical** GS
- 6 $ 35,971 $ 17.29 $6.92 $3. 46 $ 27.67 The EPA labor costs are found by multiplying the burden hours associated with each activity by the hourl y rate associate d with each labor ty pe. As shown in Table 4, the average labor cost for the EPA is $ 1,979 dollars per ye ar. Copying and postal costs for th e EPA were calculated in the same manner as described in the section 6(b). We estimate that the EPA will send two letters (questions on the MACT determi nation, final review results). Table 5 presents the total EPA copying and postal costs. The EPA would sp end an annual average of $5 on copying and postage. The total cost for the EPA, including labor and copying/postal costs, would be an average of $ 1,984 per year as shown in Table 6. **6(d) Estimating the Respondent Universe and Total Burden Costs**  All of the CAA section 112(d) standards for listed categories have been promulgated
. In addition, the MACT standards for the source categories of pol yvinyl chloride and copol ym ers production; brick and structural clay products manufacturing; and clay ceram ics manufacturing have been vacated and are now subject to CAA section 112(g). We have estimated the potential universe of sources that could be subject to CAA section 112(g). Based on our consultations as described in section 3(c), we learned that a smal l proportion of facilities have submitted CAA section 112(g) applications, even in past years when the universe of potentially affected sources was larger and included those for which a MACT standard w as planned, but not yet final. Our State contacts estim ated that an average of 1 to 3 applications per ye ar was actuall y processed i n the previously approved IC R. Most of these were for listed source categories for which no MACT standard had yet been issued. Therefore, based only on that estimate, the number of applications would have decreased in the next I CR clearance period. In the previous I CR, we assumed two dete rminations per year per State. This determination represents any major source not included in a source category listed on the source13

category list. Although sources in the source categories of pol yv inyl chloride and copol ymers production; brick and structural clay products manufacturing; and clay ceramics manufacturing are potentiall y subject to s ection 112(g) due to the MACT standards vacaturs, we are not aware of an y new or reconstructed major sources over the next 3 years in those categories that would trigger section 112(g). Thus, we have assumed that 2 unspecified major sources will file se ction 112(g) permit applications per ye ar, for a total of 6 permit appli cations over the next 3 years. This estimate will become smaller if vacated MACT standards are re
- promulgated before the end of 3 years. We also assume 6 State, local, and agency resp ondents over the next three years to review the permit applications, for a total of about 6 respondents. As shown in Table 4, the total 3
- ye ar respondent burden is 1,587 hours. As shown in Table 6, the total 3
- ye ar respondent labor cost is $ 113,611
. **6(e) Bottom Line Burden Hours and Cost**  (i ) Respondent Tally Over the 3
- ye ar period of this I CR, the total average annual burden and labor cost for the respondents resulting from the CAA section 112(g) regulations are 529 hours and $ 37,871 , resp ectivel y (see Table 4). There is no capital start
- up costs associated with this collection. Operation and maintenance costs result from photocopying and postage expenses, which are a total of $ 1 68 per ye ar (see Table 5). The total average annual cost to respondents is $ 38,039 (see Table 6). (ii) Agency Tally Over the 3
- ye ar period of this I CR, the total average annual burden and labor cost for the EPA is 69 hours and $ 1,979 , respectivel y (see Table 4). Operation and maintenance costs result from photocop yi ng and postage expenses, which are a total of $ 5 per year (see Table 5). The total average annual cost to the EPA is $ 1,984 (see Table 6). **6(f) Reasons for Change in Burden**  The currently

approved reporting and recordkeeping hour burden, based o n I CR Number 1658.0 6 , is 6,437 hours per year. The difference, 5,908 hours, i s due to a program adjustment. The following discussion explains these changes. Primarily , the change in burden is due to promulgation of the industrial, commercial, and14

institutional boilers and process heaters and electric utility steam generating unit MACTs. Therefore, our revised estimate of burden is much smaller than that estimated in the last I CR. We are also requesting a decrease in th e reporting and recordkeeping co st burden due to the decrease in photocopyingand postage costs for the CAA section 112(g) applications as part of annual operatio n and maintenance (O&M) costs. Our assumptions for copying and postage costs are discussed in section 6(b). The total annual copying and postage costs for respondents is $168 , a decrease from the previous estimate of $ 801 per year. **6(g) Burden Statement**  Burden means the total time, effort, or financial resources expended b y persons to ge nerate, maintain, retain, or disclose or provide informati on to or for a Federal agency
. This includes the time need to review instructions; develop, acquire, install, and utilize technology and sy stems for the purposes of collecting, validating, and verif yi ng information, processing and way s 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 other wise 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 curre ntl y valid OMB control number. The OMB control numbers for the EPA ' s regulation are listed in 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 an y suggested methods for minimizing respondent burden, including the use of automated coll ection techniques, the EPA has established a public docket for this I CR under Docket ID Number EPA
- HQ
- OAR
- 2004
- 0073 , which is available for online viewing at 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 3334, 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 Fri day , excluding legal holiday s. 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 electronicall y. When in the sy stem, select “search,” then key in the Dock et ID Number identified above. Also, you can send comments to the Office of In formation 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
- 2004
- 0073 and OMB Control Number 2060
- 0373 in any correspondence.15

**TABLE 1. INDUSTRY RESPONDENT BURDEN ESTIMATES PER RESPONSE**

**Activity Hours**  1. Read rule, make compliance determination 15 2. Receive training 7.5 3. Plan activities 15 4. Gather information 55 5. Process, compile, and review information for accuracy and appropriateness 20 6. Complete application 37.5 Total Technical Hours 150 Total technical, managerial, and clerical hours 172.5
**TABLE 2. STATE AND LOCAL AGENCY BURDEN ESTIMATES PER RESPONSE Activity**  **Hours** 1. Answer respondent questions 8 2. L og in and review/audit applications 36 3. Determine earl y MACT, if required, and verify MACT is being proposed 36 Total Technical Hours 80 Total technical, managerial, and clerical hours 92

**TABLE 3. EPA BURDEN ESTIMATES PER RESPONSE**

**Activity Hours**  1. Audit, review applications 15 2. Review decisions of permitting authority 15 Total Technical Hours 30 Total technical, managerial, and clerical hours 34.516 **Table 4. Burden Hours and Costs** Total Over 3 Years Annual

Average Total Over 3

Years Annual

Average No. of Permit Applications 6 2 6 2 Person Hours (Hrs) Labor Costs ($) Industry Respondents 1,035 345 84,266 28,089 State and L ocal Agencies 552 184 29,345 9,782 Total for Respondents 1,587 529 113,611 37,871 EPA 207 69 5,938 1,979

**Table 5. Copying and Postal Costs ($) Table 6. Total Costs ($)** 

Total Over 3 Years Annual

Average Total Over 3 Years Annual

Average Industry Respondents 459 153 Industry Respondents 84,725 28,242 State and Local Agencies 45 15 State and Local Agencies 29,390 9,797 Total for Respondents 504 168 Total for Respondents 114,115 38,039 EPA 15 5 EPA 5,953 1,98417 **PA RT B OF THE SUPPORTING STA**  **TEMENT** This section is not applicable because statistical methods are not used in the data collection associated with the CAA section 112(g) regulations.18 **AT TA**  **CHMENT 1 List of**  **Potentially**

**A ffected Industry** 

**Sectors (by**

**NA ICS codes)**  **NAICS Code NAICS Title**  325211 Poly vinyl Chloride Resins Manufacturing 327121 Brick and Structural Clay Tile Manufacturing Facilities 327122 Extruded Tile Manufacturing Facilities 327123 Other Structural Clay Products Manufacturing Facilities