SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

NESHAP for Coke Oven Batteries (40 CFR Part 63, Subpart L) (Renewal)

1. Identification of the Information Collection

1(a) Title of the Information Collection

NESHAP for Coke Oven Batteries (40 CFR Part 63, Subpart L) (Renewal), 

EPA ICR Control Number 1362.09, OMB Control Number 2060-0253

1(b) Short Characterization/Abstract

The National Emissions Standards for Hazardous Air Pollutants (NESHAP) for Coke 

Oven Batteries (40 CFR Part 63, Subpart L) were proposed on December 4, 1992, promulgated 

on October 27, 1993, and amended on April 15, 2005. These standards apply to all coke oven 

batteries, whether existing, new, reconstructed, rebuilt or restarted. It also applies to all batteries 

using the conventional by-product recovery, the non-recovery process, or any new recovery

process. This information is being collected to assure compliance with 40 CFR part 63, subpart 

L.

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 five 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.

Over the next three years, an average of 19 respondents per year will be subject to the 

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

consist of two sectors within the coke industry, iron and steel integrated plants which produce 

coke for their operations (nine plants) and merchant plants which produce furnace and foundry 

coke for sale on the open market (10 plants). These 19 coke plants operate 55 coke oven 

batteries (affected facilities); 44 are by-product batteries operated at 16 plants, and 11 are nonrecovery batteries operated at three plants. 

In the United States, there are approximately 19 coke oven facilities, which are owned 

and operated by the coke oven industry (the “Affected Public”). None of the facilities in the 

United States are owned by state, local, tribal, or the Federal government; all are privately owned 
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for-profit businesses. The burden of the “Affected Public” is listed below in Table 1: Annual 

Respondent Burden and Cost – NESHAP for Coke Oven Batteries (40 CFR Part 63, Subpart L) 

(Renewal). The burden to the “Federal Government” is attributed entirely to work performed by 

either Federal employees or government contractors. The burden to the “Federal Government” is 

listed below in Table 2: Average Annual EPA Burden and Cost – NESHAP for Coke Oven 

Batteries (40 CFR Part 63, Subpart L) (Renewal). 

In the development of the Information Collection Request (ICR), we addressed the Office 

of Management and Budget (OMB) “Terms of Clearance (TOC)” on the active ICR. The TOC 

are as follows:

When this ICR is renewed, EPA should review the respondent 

burden, universe, response number, labor rates, and capital costs 

and ensure these estimates have been updated.

EPA has addressed each item of concern in the TOC. The respondent burden, universe, 

labor rates, and capital cost have been thoroughly checked, and all estimates updated.

 

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. 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, particulate matter emissions from coke batteries at coke 

plants either cause or contribute to air pollution that may reasonably be anticipated to endanger 

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

category at 40 CFR part 63, subpart L.
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2(b) Practical Utility/Users of the Data

The recordkeeping and reporting requirements in the standard ensure compliance with 

the applicable regulations which were 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, leaks are being detected and repaired, and the standard is being met. 

The performance test may also be observed.

The required semiannual compliance certifications are used to determine periods of 

excess emissions, identify problems at the facility, verify operation and 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 63, subpart L.

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, 

no duplication exists.

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 on May 9, 2011 (76 FR 26900). 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 

of information as reported by industry, in compliance with the recordkeeping and reporting 
4

provisions in the standard, is the OTIS (Online Tracking Information System) 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. Approximately 19 respondents 

will be subject to the standard over the three year period covered by this ICR.

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

to comment on the burden associated with the standard when it was being developed and further 

amended, and the standard has been previously reviewed to determine the minimum information 

needed for compliance purposes. For the current renewal, EPA contacted: 1) the Sun Coke 

Energy Incorporated, at (630) 824-1000: and 2) Drummond Company Incorporated (owner of 

ABC Coke), at (205) 945-6300. No comments were received on the burden associated with this 

ICR.

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 detection 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.

These standards require the respondents to maintain all records, including reports and 

notifications for at least five years. This is consistent with the General Provisions as applied to 

the standards. EPA believes that the five-year records retention requirement is consistent the 

Part 70 permit program and the five-year statute of limitations on which the permit program is 

based. 

The retention of records for five years allows EPA to establish the compliance history of 

a source, any pattern of non-compliance and to determine the appropriate level of enforcement 

action. EPA has found that the most flagrant violators have violations extending beyond five 

years. In addition, EPA would be prevented from pursuing the violators due to the destruction or 

nonexistence of essential records.
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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.

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 new or existing byproduct or non-recovery coke oven batteries. The Standard Industrial 

Classification (SIC) Code for the respondents affected by the standards, which corresponds to the 

North American Industrial Classification System (NAICS) codes, are listed below for source 

category description.

Standard (40 CFR Part 63, Subpart L) SIC Codes NAICS Codes

Iron and Steel Mills 3312 331111

All Other Petroleum and Coal Products 

Manufacturing 3312 324199

 

4(b) Information Requested

None of these reporting or recordkeeping requirements violate any of the regulations 

established by OMB at 5 CFR part 1320, section 1320.5

(i) Data Items

All data in this ICR that are recorded or reported are required by NESHAP for Coke 

Oven Batteries (40 CFR Part 63, Subpart L).

A source must make the following reports:

Notifications

Intention to construct a new, brownfield, or padup rebuilt coke oven 

battery.

63.311(c)(1), 63.5, 

63.9(b)
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Notifications

Notification of compliance status when a source becomes subject to 

the standard. 63.9(h), 63.311(c)(2)

Notification that source is subject to special compliance 

requirements: obtaining an exemption from control requirements for 

bypass\bleeder stacks by committing to permanent closure of a 

battery or using an equivalent alternative control system for the 

stacks; and obtaining an alternative standard for coke oven doors on 

a battery equipped with a shed.

63.9(d)

Initial performance test. 63.7(b), 63.9(e)

Rescheduled initial performance test. 63.7(b)(2)

Notification requirements for coke ovens with a shed using a 

continuous monitoring system for opacity of emissions discharged 

from the emission control equipment; and meeting the alternative 

standard.

63.9(g), 63.305(f)(4)

Demonstration of continuous monitoring system. 63.9(g) 

Change in information already provided. 63.9(j)

Request for an extension of compliance with relevant standard. 63.9(c)

Reports

Application for approval of the construction or reconstruction of a 

new major affected source, or reconstruction of a major affected 

source.

63.5(6)(d), 

63.9(b)(1)(iiii)

Performance test results. 60.8 (a), 61.13(f), 

63.10(d)(2), 63.309

Report of opacity and visible emission observations. 63.9(f)

Emission control work practices plan for each coke oven battery. 63.306(a)

Opacity or visible emissions. 63.10(d)(3)

Periodic startup, shutdown and malfunction reports. 63.10(d)(5)(I)

Initial compliance certification. 63.9(h), 63.111(b)

Submit semiannual compliance certifications. 63.9(h), 63.311(d)

Report for the venting of coke oven gas other than through a flare 

system. 63.311(e)

A source must keep the following records:

Recordkeeping

Startup, shutdown and malfunction plan.

63.6(e)(3), 

63.1(b)(2), 63.310, 

63.311(f)(6)
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Recordkeeping

All reports and notifications. 63.10(b)(1)

Any applicability determination that demonstrates why owner or 

operator believes source(s) is/are unaffected. 63.10(b)(3)

Copy of the coke oven emission control work practice plan and 

revisions, and records related to implementation of plan requirements.

63.306, 

63.311(f)(3-4)

For an approved alternative emission limitation: monitoring records of 

parameters that indicate the exhaust flow rate is maintained, records for 

the continuous opacity monitoring system, and quarterly visual 

inspection of the shed.

63.10(c), 

63.311(f)(2)

For the bypass/bleeder stack flare system or an approved alternative 

control device: design of drawings and of engineering specifications. 63.311(f)(5)

For nonrecovery coke oven batteries: records of daily operating 

parameters and design characteristics. 63.111(f)(1)

Electronic Reporting

Currently, respondents are using monitoring equipment that automatically records 

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

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

the 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.

Daily performance tests by a certified observer, commencing on the applicable date, using 

Method 303 or 303A for each new and existing coke oven battery are needed to determine 

compliance with the visible emission limitations for coke oven doors, topside port lids, offtake 

systems, and charging operations.

Develop and implement an emission control work practice plan for each coke oven battery.

For coke ovens equipped with sheds choosing to comply with an alternative to the emission 

limitation standards, submit an initial test plan, and once approved, conduct an initial 

performance test using Methods 5 (determine the efficiency of control equipment), Method 9 

(measure opacity of emissions from control device), and Method 22 (measure visible 

emissions that escape the shed) to get approval to use alternative standard.
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Respondent Activities

For coke ovens equipped with sheds complying with the alternative standard, conduct weekly

performance tests using Method 303 to determine compliance; and if the visible emission 

limitation is achieved for 12 consecutive observations, then switch to monthly tests until an 

exceedance occurs, at which time the weekly tests shall be resumed.

Install, calibrate, maintain, and operate continuous monitoring system for opacity emissions 

discharged from the control system at coke oven doors equipped with sheds and complying 

with the alternative standard.

For non-recovery coke oven batteries, daily monitoring of pressure in oven or common tunnel 

to ensure a negative pressure; implement work practices requirement for charging operations 

at existing batteries; and install, operate and maintain control system for the capture and 

collection of emissions at new batteries.

For a by-product recovery, a brownfield or padup rebuild coke oven battery, install, operate 

and maintain a bypass/bleeder stack flare system capable of controlling 120 percent of the 

normal gas flow generated by the battery; unless the owner or operator has been approved for 

an alternative control device or system that achieves at least 98 percent destruction or control 

of coke oven emissions.

For by-product coke oven, daily inspection of the collecting main for leaks according to 

Method 303.

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.
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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 might 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 compliance reports are used 

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 the EPA Office of Compliance. OTIS is the 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 five 

years.

5(c) Small Entity Flexibility

The 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.
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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 Coke Oven 

Batteries (40 CFR Part 63, Subpart L) (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 in calculating the burden to industry as a result of this regulation 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 80,120 hours (Total Labor Hours from Table 1

below). 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 $121.42 ($57.82 + 110%)

Technical $99.14 ($47.21 + 110%)

Clerical $49.81 ($23.72 + 110%)

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

September 2011, “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. There are no annual operations and maintenance costs associated with 
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continuous emissions monitors (CEMs) since there are no sources using CEMs for opacity 

emissions discharged from the control device. 

(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 costs. There are no capital/startup or operation and maintenance costs. 

6(c) Estimating Agency Burden and Cost

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

information and the annual visible observer certification training. The 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 

$5,209.

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%)

These rates are from the Office of Personnel Management (OPM) 2011 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 Coke Oven 

Batteries (40 CFR Part 63, Subpart L) (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

19 existing respondents will be subject to the standard. It is estimated that no new sources per 

year will become subject to the standard in the next three years.

The number of respondents is calculated using the following table which addresses the 

three years covered by this ICR.
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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 19 0 0 19

2 0 19 0 0 19

3 0 19 0 0 19

Average 0 19 0 0 19

1

New respondents include sources with constructed, reconstructed and modified affected facilities.

To avoid double-counting respondents, column D is subtracted. As shown above, the 

average Number of Respondents over the three-year period of this ICR is 19. 

The total number of annual responses 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 Initial

Compliance

0.0 1 N/A 0

Notification of 

Construction/Reconstruction

0 1 N/A 0

Notification of Malfunction and 

Report 

2 1 N/A 2

Notification of Battery Closure 0 1 N/A 0

Report of Venting Coke Oven 

Gas Episode at a Stack Flare

1.6 1 N/A 1.6

Semiannual Compliance Report 19 2 N/A 38

Total 41.6

The number of Total Annual Responses is 42.

The total annual labor costs are $7,676,989. Details regarding these estimates may be 

found below in Table 1: Annual Respondent Burden and Cost - NESHAP for Coke Oven 

Batteries (40 CFR Part 63, Subpart L) (Renewal).
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6(e) Bottom Line Burden Hours 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 burden to industry is 80,120 labor hours at a cost of $7,676,989. Details 

regarding these estimates may be found below in Table 1: Annual Respondent Burden and Cost -

NESHAP for Coke Oven Batteries (40 CFR Part 63, Subpart L) (Renewal). 

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

information is estimated to average 1,908 hours per response.

There are no annualized capital/startup and O&M costs to the regulated entities.

(ii) The Agency Tally

The average annual Agency burden and cost over next three years is estimated to be 116

labor hours at a cost of $5,209. See below Table 2: Average Annual EPA Burden and Cost -

NESHAP for Coke Oven Batteries (40 CFR Part 63, Subpart L) (Renewal).

6(f) Reasons for Change in Burden

There is a decrease of one hour in the respondent burden hours in this ICR compared to 

the most recently approved ICR due to rounding errors. This ICR was updated with more 

accurate burden calculations. 

There is an increase in burden costs from the most recently approved ICR. This increase 

is not due to any program changes. The change in cost estimates occurred because this ICR uses 

updated labor rates in calculating the burden costs for both the respondents and the Agency. 

6(g) Burden Statement

The annual public reporting and recordkeeping burden for this collection of information 

is estimated to average 1,908 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 
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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-2011-0243. 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-2011-0243 and OMB Control Number 2060-0253 in any

correspondence. 

Part B of the Supporting Statement

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

information.
TABLE 1: Annual Respondent Burden and Cost - NESHAP for Coke Oven Batteries (40 CFR Part 63, Subpart L) (Renewal)

Burden item

(A)

Personhours per 

occurrence

(B)

No. of 

occurrences 

per 

respondent

(C)

Personhours per 

respondent

(C=A*B)

(D)

Respondents 

per year a

(E)

Technical 

personhours per 

year

(E=C*D)

(F)

Management 

person-hours 

per year

(E*0.05)

(G)

Clerical 

personhours per 

year

(E*0.1)

(H)

Cost b, $ 

1. Applications N/A

2. Surveys and Studies N/A

3. Acquisition, Installation, and 

Utilization of Technology and 

Systems N/A

4. Recordkeeping Requirements

A. Read instructions 8 1 8 19 152 7.6 15.2 $16,749.18

B. Plan activities See 4E

C. Create Information See 4F

D. Gather existing information See 4E

E. Implement activities

ALL PLANTS:

Daily performance tests/visible 

observations c8.25 365 3,011.25 19 57,213.75 2,860.69 5,721.38 $6,304,498.09

Certification Program d

24 1 24 19 456 22.8 45.6 $50,247.56

Implement work practice plan 40 1 40 19 760 38 76 $83,745.92

Implement startup, shutdown, and 

malfunction plan 40 1 40 19 760 38 76 $83,745.92

NON-RECOVERY PLANTS:

Coke oven doors: daily pressure 

monitoring e0.50 365 182.5 3 547.5 27.38 54.75 $60,330.73

Coke oven doors: leak detection 

procedures f1 365 365 2 730 36.5 73 $80,440.16

Charging operations: work 

practices on the control equipment g

0.5 365 182.5 3 547.5 27.38 54.75 $60,330.73
16

BY-PRODUCT PLANTS:

Daily inspection of the collecting 

main for leaks 0.5 365 182.5 17 3,102.5 155.13 310.25 $341,87

1.28

Inspect bypass/bleeder stack/flare 

system 

h

0.5 365 182.5 17 3,102.5 155.13 310.25 $341,871.28

Coke oven doors with sheds 

complying with the alternative 

standard: initial and regular 

performance test and monitoring of 

opacity 

i N/A

F. Record information: all data 

required by rule 1.5 52 78 19 1,482 74.1 148.2 $163,316

.68

G. Time to transmit or disclose 

information122 19 38 1.9 3.8 $4,187.30

H. Time to train personnel 32

1 32 19 608 30.4 60.8 $66,996.74

I. Time for audits N/A

Subtotal Recordkeeping 79,924.84

5. Reporting Requirements

A. Read instructions See 4A

B. Required activities See 5B

C. Write report

Notification requirements 

include:

 - Election of compliance track

j

2120000 $0

 - Construct/reconstruct a new 

battery, a brownfield battery, or 

a padup rebuild battery

k

212 0.33 0.66 0.03 0.07 $72.56

Malfunction notification

l

261 262 52 2.6 5.2 $5,729.98

Report of plant or battery closure

m

212 0.33 0.66 0.03 0.07 $72.56

Report of venting of coke oven 

gas through a bypass/bleeder stack

n

251 25 1.6 4024 $4,407.68

Initial compliance certification

o

300 $0
17

Semiannual compliance 

certifications 2 2 4 19 76 3.8 7.6 $8,374.60

Subtotal Reporting 194.72

Subtotals Labor Burden and Cost 69,669.07 3,483.57 6,966.92 $7,676,988.95

TOTAL LABOR BURDEN AND

COST (rounded)

80,119.56

80,120 (rounded) $7,676,989

Assumptions:

a

 There are 19 respondents that are currently owners or operators of new or existing byproduct or non-recovery coke oven batteries 

subject to 40 CFR part 63, subpart L. As of March 2005, these 19 coke plants were operating 55 coke oven batteries (affected

facilities); 44 are by-product batteries operated at 16 plants, and 11 are non-recovery batteries operated at three plants. No additional 

respondents (new sources) are expected over the next three years.

b This ICR uses the following labor rates: $121.42 for managerial labor, $99.14 for technical labor, and $49.81 for clerical labor. 

These rates are from the United States Department of Labor, Bureau of Labor Statistics, September 2011, “Table 2. Civilian Workers, 

by Occupational and Industry group.” The rates are from column 1, “Total Compensation.” The rates reflect an increase of 110 

percent to account for overhead costs.

c

 Daily performance tests are conducted by a certified observer provided by the State enforcement agency for each emission point on 

each battery. Respondents reimburse States through permit fees. Based on an average of 3 coke ovens batteries per plant, the total 

person hours for inspections is estimated at 8.25 hours using the cost formula for calculating reimbursement costs included in the rule. 

d

 This burden includes the indirect costs to respondents to provide certification to the observer provided by the State enforcement 

agency or its contractor including a 3-day EPA certification course.

e The owners or operators of three existing non-recovery plants are required to either conduct leak detection procedures or monitor 

oven pressure each day. The plants have elected to monitor pressure.

f The promulgated rule amendments (70 FR 19992, April 15, 2005) require visible emission observations of doors for two nonrecovery plants that are not on the LAER extension track. 

g

The owners or operators of three existing non-recovery plants are required to implement specified work practices for the control of 

emissions from charging operations and to document the performance of each procedure.

h All 17 of the by-product coke plants must install and maintain flares.

i None of the plants with cokeside sheds have applied for the alternative door standard.

j All sources have submitted this notification (the deadline was January 1, 1998). 

k

 Assume that one plant would submit a notification to reconstruct a battery over the 3-year period.

l

 Assume that one plant per year may experience a malfunction requiring notification to inform the Agency and a written report.
18

m Assume that one plant over a three-year period is expected to permanently close one or more batteries and submit the required 

notification.

n

 Ten percent of the 16 by-product plants (1.6) are expected to experience a venting episode where emissions are released through 

bypass/bleeder stacks without flaring requiring notification and a written report.

o

 All of the existing plants have already submitted initial compliance certifications.
19

TABLE 2: Average Annual EPA Burden and Cost - NESHAP for Coke Oven Batteries (40 CFR Part 63, Subpart L (Renewal)

Burden Item

(A)

Person hours 

per 

occurrence

(B)

Occurrences 

per plant per 

year

(C)

Plants per 

year a

(D)

Technical 

hours/year

(E=A*B*C)

(E)

Management 

hours/year

(F=0.05*D)

(F)

Clericalhours/year

(G=0.1*D)

(G)

Cost b

$

Report Review:

- Site-specific test plan 16 0 0 0 0 0 $0 

- NESHAP waiver 

application 4 0 0 0 0 0 $0 

- Compliance extension 

request 4 0 0 0 0 0 $0 

- Work practice plan c

24 0 0 0 0 0 $0 

- Startup, shutdown and 

malfunction plan c

- Construct/reconstruct a 

new battery, a brownfield 

battery, or a padup 

rebuild battery d2 1 0.33 0.66 0.033 0.066 $34 

- Request for startup of 

cold-idle battery e

N/A

- Notification of election 

of compliance track f

N/A

- Request for alternative 

door standard g

N/A

- Notification of closure 

of batteries h

2 1 0.33 0.66 0.033 0.066 $34 

- Malfunction 

notification i2 1 2 4 0.2 0.4 $207 

- Malfunction report i

8 1 2 16 0.8 1.6 $829 
20

- Report of venting of 

coke oven gas through a 

bypass/bleeder stack 

flare j2 1 1.6 3.2 0.16 0.32 $166 

- Initial compliance 

certification k2 1 0 0 0 0 $0 

- Semiannual compliance 

certifications l

2 2 19 76 3.8 7.6 $3,939 

TOTAL BURDEN AND 

COST 116 $5,209 

Assumptions:

a

There are 19 respondents that are currently owners or operators of new or existing byproduct or non-recovery coke oven batteries 

subject to 40 CFR part 63, subpart L. As of March 2005, these 19 coke plants were operating 55 coke oven batteries (affected 

facilities); 44 are by-product batteries operated at 16 plants, and 11 are non-recovery batteries operated at three plants. No additional 

respondents (new sources) are expected over the next three years.

b This ICR uses the following average hourly labor rates: 62.27 for Managerial (GS-13, Step 5, $38.92 x 1.6), $46.21 (GS-12, Step 1, 

$28.88 x 1.6) for Technical and $25.01 (GS-6, Step 3, $15.63 x 1.6) for Clerical. These rates are from the Office of Personnel 

Management (OPM) “2011 General Schedule” which excludes locality rates of pay.

c

 These plans have already been submitted.

d

 Assume that one plant over the three-year period will reconstruct or rebuild a battery.

e

 There are no batteries on cold idle.

f All sources have submitted this notification (the deadline was January 1, 1998). 

g None of the plants with cokeside sheds have applied for the alternative door standard.

h

 Assume that one plant over a three-year period is expected to permanently close batteries and submit the required notification.

i

 Assume that two plants per year may experience a malfunction requiring notification to inform the Agency and a written report.

j

 Ten percent of the 16 by-product plants are expected to experience a venting episode where emissions are released through 

bypass/bleeder stacks without flaring requiring notification and a written report.

k

 All sources have already submitted this initial notification.

l

 All plants are required to submit semiannual compliance certifications.