1 SUPPORTING STATEMENT

ENVIRONMENTAL PRO TECTION AGENCY

Carbon Pollution Emission Guidelines for Ex isting Stationary Sources: EGUs in Indian Country and U.S. Territories; Multi-jurisd ictional Partnerships; Supplemental Proposal (40 CFR Part 60, Subpart UUUU)

October 2014

Part A of the Supporting Statement

1. Identification of the Information Collection

1(a) Title and Number of the Information Collection
“Carbon Pollution Emission Guidelines for Existing Stationary Sources: EGUs in Indian Country and U.S. Territories; Multi-juri sdictional Partnerships; Supplemental Proposal (40 CFR Part 60, Subpart UUUU).” A new information collection reque st (ICR) has been prepared in support of the supplemental proposal of emission guidelines for existing electric utility generating units (EGUs) in Indian country and in United States (U.S.) territories. Th e U.S. Environmental Protection Agency (EPA) ICR tracking number is 2503.02. This ICR was developed for the 3- year period following publication of the final rule. These proposed emission guidelines will be included in new subpart UUUU, which also will include the em ission guidelines for existing EGUs proposed on June 18, 2014, and for which bur den was previously estimated (ICR tracking number 2503.01).

1(b) Short Characterization/Abstract

Pursuant to Clean Air Act (CAA) section 111 (d), the EPA is proposing rate-based goals

for territories and areas of Indian country regarding em issions of carbon dioxide (CO 2 ) from existing EGUs burning fossil fuels, as well as emi ssion guidelines for developing plans to attain these goals. For purposes of these guidelines, fo ssil fuel-fired EGUs include fossil fuel-fired steam generating units, integrated gasification combined cycle (IGCC) units, and stationary combustion turbines that generate electricity fo r sale and are larger than 25 megawatts (MW). Existing sources include those EGUs that comm enced construction on or before January 8, 2014.

The EPA proposed guidelines for states in Ju ne 2014 and is issuing this supplemental proposal for territories and areas of Indian country because CO 2 is a greenhouse gas (GHG), and fossil fuel-fired power plants are the country’s largest stationary s ource emitters of GHGs. The EPA in 2009 found that by causing or contributin g to climate change, GHGs endanger both the public health and the public welfare of current and future generations.

This supplemental proposal requires those te rritories with one or more EGUs covered under this subpart to develop ju risdictional plans to implemen t the emission guidelines and submit the plans to the EPA for approval. For areas of Indian country with affected sources, if it determines that a plan is necessary or appropria te, the EPA has the responsibility to establish a plan, unless a tribe on whose lands an affected s ource is located seeks and obtains authority from the EPA to establish a plan itself. If an approvable jurisdictional plan is not submitted by June 30, 2016, the EPA will develop a federal plan ac cording to 40 CFR 60.27 to implement the emission guidelines in those territories and area s of Indian country. Owners and operators of2 EGUs not covered by an approved jurisdictional pl an must comply with the federal plan. The federal plan is an interim action and will be auto matically withdrawn when the jurisdictional plan is approved for the territory or tribe. Those terr itories that have no EGUs for which construction commenced on or before January 8, 2014 would subm it a negative declaration letter in place of the jurisdictional plan. Areas of Indian country with no EGUs c overed under this subpart would not be required to submit a negative declaration.

The emission guidelines include required com ponents of the plan, provisions for working with other jurisdictions to develop a combined plan, timing requirements for submitting the plan, annual goals for CO 2 emission performance, compliance sche dules, and description of affected sources (EGUs). Under the timing requirement s provisions in the supplemental proposal, territories and tribes (if they seek and obtain th e authority to do a plan) are given the option to submit their plans by the June 30, 2016 deadline or request a 1-year extension for an individual plan or a 2-year extension for a combined multi-jurisdictional plan.

This supplemental proposal imposes no new information collection burden on affected sources (EGUs) during the first 3 years after fina l rule promulgation beyond what those sources would already be subject to under the author ities of 40 CFR parts 75 and 98. The Office of Management and Budget (OMB) has previous ly approved the information collection requirements contained in the existing 40 CFR pa rts 75 and 98 regulations under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and has assigned OMB control numbers 2060-0626 and 2060-0629, respectively. There are no new information collection costs for these affected sources during the first 3 years, as the information required for these sources by the emission guidelines in the supplemental proposal is already collected and reported by other regulatory programs during this period.

The only respondents that would be expected to incur new information collection burden under the subpart UUUU supplemental proposal are thos e territories and areas of Indian country

with one or more EGUs covered under this s ubpart. Three of the five territories (American Samoa, Northern Mariana Islands, and U.S. Vi rgin Islands) have no EGUs covered under this subpart and are expected to s ubmit negative declarations. Because tribes are not required to develop a plan and the EPA doesn’t know whether a ny of the affected tribes will seek authority to do so, we are not estimating any new informa tion collection burden for the three tribes with

EGUs in their areas of Indi an country (Fort Mojave, Navajo Nation, and Ute). Without information to the contrary, plans from two te rritories (Guam and Puerto Rico) with EGUs covered under this subpart are assumed to be submitted by June 30, 2016.

2. Need for and Use of the Collection

2(a) Need/Authority for the Collection
The EPA is charged under section 111(d) of the CAA to establish guidelines for existing stationary sources. Se ction 111(d)(1) states:

The Administrator shall prescribe regulations which shall establish a procedure similar to that pr ovided by section 110 under which each State shall submit to the Administrator a plan which (A) establishes standa rds of performance for any existing source3 for any air pollutant (i) for which air quality criteria have not been issued...but (ii) to which a sta ndard of performance under this section would apply if such exis ting source were a new source, and (B) provides for the implementation and enforcement of such standards of performance.

Subpart B of 40 CFR part 60 requires the pl ans to include monito ring, recordkeeping, and reporting provisions consistent w ith the emission guidelines. In addition, section 114(a) states that the Administrator may require any owner or operator subject to any re quirement of this Act

to:

(A) Establish and maintain such re cords; (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 peri ods, and in such manner as the Administrator shall prescribe) ; (E) keep records on control equipment parameters, production vari ables or other indirect data when direct monitoring of emi ssions is impractical; (F) submit compliance certifications in accordance with section 114(a)(3); and (G) provide such other informa tion as the Administrator may reasonably require.

As previously stated, the EPA in 2009 found that by causing or contributing to climate change, GHGs endanger both the public health a nd the public welfare of current and future generations. Fossil fuel-fired power plants are th e country’s largest stati onary source emitters of GHGs. Therefore, emission guidelines fo r states concerning emissions of CO 2 from existing sources in this category were propos ed in June 2014 at 40 CFR part 60, subpart UUUU. The supplemental proposal provides guidelines for territo ries and areas of Indi an country to address

emissions of CO 2 from existing sources. The propos ed guidelines provide guidance for developing plans to attain the CO 2 emission performance goals. As noted previously, two affected territories (Guam and Puerto Rico) are expected to develop and submit their own plans, while the three affected tribes (F ort Mojave, Navajo Nation, and Ut e) are expected to rely on the federal plan or develop their own plan.

2(b) Use/Users of the Data

The data collected from res pondents include the jurisdictiona l plans for those respondents (territories) expected to be de veloped in response to the emissi on guidelines in the supplemental proposal. The data from the territories provide the foundation for identif ying the territories’ emission performance levels and demonstrating how they will be achieved; identifying emission standards and compliance requirements for each affected entity; and specifying program implementation milestones. These emission pe rformance levels, standards, compliance requirements, and milestones will be devel oped during the course of this ICR period.4 3. Nonduplication, Consultations, and Other Collection Criteria

3(a) Nonduplication
As previously stated, the supplemental proposal would impose no new information collection burden on affected sources (EGUs) during the first 3 years after final rule promulgation, beyond what those sources would alre ady be subject to unde r the authorities of 40 CFR parts 75 and 98. There are no new information collect ion costs; the information required by these proposed guidelines is already collected and reported by other regulatory programs. Therefore, no duplication exists for the affected industry.

If a plan is disapproved, the respondent (terr itory) can respond to th e EPA’s concerns and submit a revised plan. If an approvable plan is not submitted, the EPA will adopt and implement a federal plan that applies to existing sources in the territory. Consequently, the information would be submitted to the appropriate EPA Regional office, until such time as the territory is delegated this authority. Therefore, no duplication exists for territories.

3(b) Public Notice Required Prior to ICR Submission to OMB
This section is not applicable because this is a rule-related ICR.

3(c) Consultations
The June 2014 proposed rule and the suppl emental proposal were developed after extensive and vigorous outreach to stakeholde rs and the general public . To carry out this stakeholder outreach, the EPA embarked on an unprecedented, pre-proposal outreach effort to parties with an interest in re ducing carbon pollution from existi ng power plants. From consumer groups to states to power plants to technol ogy innovators, the EPA sought input from all perspectives.

The EPA began the outreach efforts with a we binar and associated teleconferences to establish a common understanding of the basic requirements and process of CAA section 111(d). The August 27, 2013 overview presentation was offe red as a webinar for state and tribal officials, “Building a Common Understanding: Clean Air Act and Upcoming Carbon Pollution Guidelines for Existing Power Plants.” More than 360 people from across the country participated in the August webinar presentation- -primarily from state environmental and energy

offices.

The overview presentation was also posted on the EPA website. The EPA followed up on the presentation by offering four national teleconf erence calls with representatives from states, tribes, industry, environmental justice or ganizations, community organizations and environmental representatives. The teleconferen ces offered a venue for stakeholders to ask questions of the EPA about the overview presentati on and for the EPA to ga ther initial reactions

from stakeholders. Stakeholders and members of the public conti nued to view and refer to the overview presentation throughout the outreach process.

The Agency also provided mechanisms fo r anyone from the public to provide input during the pre-proposal developmen t of this action. The EPA set up two user-friendly options to accept input during the pre-proposal period–a new email account: carbonpollutioninput@epa.gov; and a web-based form: http://www2.epa.gov/carbon-pollutionstandards/forms/carbon-pollution-standards-contact -us. These links, alon g with policy, program,5 and technical information about this rulemaking effort, are available on the EPA’s website at: http://www2.epa.gov/carbon- pollution-standards. The EPA has r eceived more than 2,000 emails offering input into the devel opment of these guidelines.

The Agency has encouraged, organized, and pa rticipated in hundreds of meetings about CAA section 111(d) and reducing carbon pollution from existing power plants. Attendees at these various meetings have included stat es and tribes, members of the public, and representatives from multiple industries, laborleaders, environmental groups and other nongovernmental organizations. The dir ect engagement has brought toge ther a variety of states and

stakeholders to discuss a wide range of issues related to the electricity sector and the development of emission guidelines under CAA section 111(d). The meetings occurred in Washington, DC, and at locations across the c ountry. The meetings were attended by the EPA Regional Administrators, managers and staff a nd who will play key roles in developing and implementing the rule.

Part of this effort included the Agency’s holding of 11 public lis tening sessions: one national listening session in Washington, DC and 10 listening sessions in locations in the EPA Regional offices across the country. All of the outreach meetings were designed to solicit policy ideas, concerns and technical information from stakeholders about us ing CAA section 111(d).

Since fall 2013, the Agency provided multiple opportunities for states to inform this proposal. The meetings provided state lead ers, including governors, environmental commissioners, energy officers, public utility commissione rs, and air director s, opportunities to engage with the EPA officials.

Agency officials listened to ideas, concerns and details from states, including from states with a wide range of experien ce in reducing carbon po llution from power plants. The Agency has collected policy papers from states with overa rching energy goals and technical details on the states’ electricity sector. The Agency has engage d, and will continue to engage, with all of the 50 states throughout the rulemaking process.

The EPA also engaged in outreach to U.S. territories. Prior to the June 2014 proposal, Agency officials held meetings with the Govern or of Puerto Rico, the Governor of the U.S. Virgin Islands, the Puerto Rico Environmen tal Quality Board, and U.S. Virgin Islands Department of Planning and Natural Resources. The EPA met with stakeholders from Puerto Rico on July 22 and 23, 2014. The EPA met with stakeholders from Guam on September 8,

2014.

While tribes are not required to, but may, develop or adopt Clean Air programs, the EPA conducted significant outreach to tribes in the pre-proposal period. The EPA is aware of three coal-fired power plants and one natural gas plant located in Indi an country but is not aware of any power plants owned or ope rated by tribal entities.

Tribes were invited to partic ipate in the national informa tional webinar held August 27, 2013. In addition, a consultation/outreach meeting was held on September 9, 2013, with tribal representatives from some of the 566 tribes. The EPA representa tives also met with tribal

environmental staff with the National Tribal Air Association, by tele conference, on July 25, 2013, December 19, 2013, June 26, 2014, and August 4, 2014. In those teleconferences, the EPA provided background information on the GHG emi ssion guidelines to be developed and a summary of issues being explored by the Agency. In addition, the EPA held a series of listening6 sessions prior to development of the June 2014 proposed rule and the supplemental proposal. Tribes participated in a sessi on on September 9, 2013 with the state agencies, as well as in a separate session for tribes on September 26, 2013.

The EPA conducted outreach to tribal environm ental staff and offered consultation with tribal officials in developing this action. Because the EPA is aware of tribal interest in this proposed rule, the EPA offered consultation with tribal officials earl y in the process of developing the proposed regulation to permit tribes to have meaningful and timely input into its development. The EPA sent consultation letters to 566 leaders of federally recognized tribes. The letters provided information regarding the EP A’s development of emission guidelines for existing power plants and offere d consultation. The EPA held a c onsultation with the Ute Tribe, Crow Tribe, and Mandan, Hidatsa and Arikar a (MHA) Nation on July 18, 2014. On August 22, 2014, the EPA held a consultation with the Fort Mojave Tribe. On September 15, 2014, the EPA

held a consultation with the Navajo Nation.

This outreach process has produced a wea lth of information. The EPA has taken information from these meetings and used it to inform the June 2014 proposed rule and the supplemental proposal. The pre-proposal outreach efforts far exceeded what is required of the Agency in the normal course of a rulemaking pro cess, and the EPA expects that a dialogue with

stakeholders will continue even after the rule is finalized. The EPA recognizes the importance of working with all stakeholders, and in particular with the states, tribes and territories, to ensure a clear and common understanding of the role they will play in addressing carbon pollution from power plants.

3(d) Effects of Less Frequent Collection
This section is not applicable because re spondents for this 3-year ICR period do not include EGU facilities, and annual reports from te rritories will be submitte d after the 3-year ICR period.

3(e) General Guidelines
None of the guidelines in 5 CFR 1320.5 are being exceeded.

3(f) Confidentiality
All information submitted to the Agency for wh ich 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 (see 40 CFR 2; 41 FR 36902, September 1, 1976; amended by 43 FR 39999, September 28, 1978; 43 FR 42251, September 28, 1978; 44 FR 17674, March 23, 1979).

3(g) Sensitive Questions
This section is not applicable because this ICR does not involve matters of a sensitive

nature.7 4. The Respondents and the Information Requested

4(a) Respondents/NAICS Codes
The only respondents that would be expected to incur new information collection burden under the subpart UUUU supplemental proposal are thos e territories and tribal lands with one or more EGUs covered under this subpart. As noted previously, an estima ted two plans from the

territories of Guam and Puerto Rico are e xpected to be submitted by June 30, 2016. Negative declarations are expected from the remaining three territories (American Samoa, Northern Mariana Islands, and U.S. Virgin Islands). Tribes with one or more EGUs covered under this subpart (Fort Mojave, Navajo Nati on, and Ute) may rely on a federa l plan or seek the authority to develop their own plan. The most applicable North American Industr y Classification System (NAICS) code is 999200, “State Governme nt, excluding schools and hospitals.”

4(b) Information Requested

(i) Data Items, Including Recordkeeping Requirements

There are no new information collection costs for the affected industry, as the information required by this proposed rule is al ready collected and reported by other regulatory programs (40 CFR parts 75 and 98). The only new information collection costs are for those

territories with one or more EGUs covered under this subpart.

Respondents must make the following reports:

Requirement Guidelines Citation by Section

Plan to implement and enforce the emission guidelines in the supplemental proposal 60.5710 and 60.23(a)

Negative declaration letter documenti ng that there are no affected EGUs in the territory that are covered under the emission guidelines in the supplemental proposal 60.5710

Request for an extension to the deadli ne for submitting a plan (as part of plan submittal) 60.5760(a)

Annual report documenting progre ss towards meeting the annual emission performance goal 60.5815

Notification of a public h earing on the plan 60.23(d)

Certification that the public he aring on the plan was conducted according to subpart B procedures 60.23(f)

Respondents must also keep the following records:

Requirement Guidelines Citation by Section

Records of hourly values for each affected source to support the

calculation of the annual emission performance goal 60.5810(c)8 Requirement Guidelines Citation by Section

Records of the public hearing conducted on th e plan 60.23(e)

(ii) Respondent Activities

The respondent activities that would be required by the emissi on guidelines in the supplemental proposal are described in the table a nd footnotes in Exhibit 1a at the end of this document. Exhibit 1a includes the respondent activities associated with developing and implementing the plans. The recordkeeping and re porting activities associated with documenting progress towards attaining the a nnual emission performance goal would occur after the 3-year period of this ICR and, therefore, is not included in this table.

(iii) Summary of Requirements

The proposal would require territories cove red under the emissi on guidelines in the supplemental proposal to prepare and submit pl ans to implement the guidelines and conduct public hearings on the plans as necessary, accordi ng to the procedures in 40 CFR part 60, subpart

B.

5. The Information Collected: Agency Ac tivities, Collection Methodology, and Information Management (covering the first 3 years following final rule promulgation)

5(a) Agency Activities
The Agency, specifically the EPA Headquarter s and the EPA Regions, will incur burden associated with the reporting requirements for territories, including: (1 ) providing support and outreach to territories regarding the impleme ntation of the emissi on guidelines in the supplemental proposal and preparation of the pl ans, (2) reviewing and approving the plans, (3) reviewing negative d eclarations from territories with no EGUs covered under the emission guidelines in the supplemental proposal, (4) revi ewing and approving 1-y ear extension requests from territories submitting individual plans, (5) reviewing and approving 2-year extension requests from programs submitting multi-jurisdictiona l plans, (6) reviewing notifications from territories regarding public hearings on the plans, and (7) reviewi ng certifications from territories that the public hearings were conducted accordin g to 40 CFR part 60, subpart B procedures.

5(b) Collection Methodo logy and Management
The plans expected to be prepared by territori es will set forth the specifics regarding the actual collection methodology and management. The plans must include the following elements:

 Identification of affected entitie s, including an inventory of CO 2 emissions from affected EGUs during the most recent cale ndar year prior to the submission of the plan for which data is available.

 A description of the plan a pproach and the geographic scope of the plan, including, if relevant, identification of multi-jurisdictional plan participants and geographic boundaries related to plan elements.

 Identification of the territory’s emission pe rformance level for affected entities that will be achieved through implementation of the plan.9  A demonstration that the plan is projected to achieve each of the territory’s emission performance levels for affected entities.

 Identification of emission standards for each affected entity, compliance periods for each emission standard, and demonstration that the emission standards are, when taken together, sufficiently protective to meet the territory’s emission performance

level.

 A demonstration that each emission sta ndard is quantifiable, non-duplicative, permanent, verifiable, and enforceable with respect to an affected entity.

 If the plan does not require achievemen t of the full level of required emission performance, and the identified interim incr ements of performance, through emission limits on EGUs, the plan must specify (1 ) program implementation milestones and milestone dates appropriate to the requirements, programs, and measures included in the plan; and (2) corrective measures that will be implemented if a comparison of actual emission performance of affected entities shows that actual emission performance is greater than 10 percent in excess to projec ted plan performance, and a process and schedule for implementing such corrective measures.

 Identification of applicable monitoring, re porting, and recordkeeping requirements for each affected entity.

 Description of the process, contents, and schedule for annual reporting to the EPA about plan implementation and progress.

 Certification that the hearing on the plan was held, a list of witnesses and their organizational affiliations, if any, appear ing at the hearing, and a brief written summary of each presentation or written submission.

 Supporting material, including (1) material s demonstrating the territory’s legal authority to carry out each component of its plan, including emission standards; (2) materials supporting the projected emi ssion performance level that will be achieved by affected entities under the plan; (3) materi als supporting the projected mass-based emission performance goal, if appl icable; and (4) materials necessary to support evaluation of the plan by the EPA.

5(c) Small Entity Flexibility

The EPA is aware that there is substantial interest in the June 2014 proposed rule and supplemental proposal among small entities (municip al and rural electric cooperatives). The EPA has conducted an unprecedented amount of stake holder outreach on setting emission guidelines for existing EGUs. While formulating the prov isions of the June 2014 proposed rule and supplemental proposal, the EPA considered the input provided over the course of the stakeholder outreach. As part of that outreach, Agency o fficials participated in many meetings with individual utilities, as well as meetings with electric utility associati ons. Specifically, the EPA Administrator, Gina McCarthy, participated in separate meetings with both the National Rural Electric Cooperative Association (NRECA) a nd the American Public Power Association (APPA). The meetings brought together leader s of the rural cooperatives and public power utilities from across the country. The Administra tor discussed and exchanged information on the unique challenges, in particular the financial st ructure, of NRECA and AP PA member utilities.

In addition, the EPA conducted outreach to representatives of small entities while formulating the provisions of th e proposed standards for new sources in the electric utility industry (40 CFR part 60, subpart TTTT). Although only new EGUs would be affected by those10 proposed standards, the outreach regarded plan ned actions for new and existing sources. The EPA conducted outreach with representatives fr om 20 various small entities that potentially would be affected by the pl anned actions. The representa tives included small entity municipalities, cooperatives, and private investors. We distributed outreach materials to the small entity representatives; these ma terials included background, an ove rview of affected sources and GHG emissions from the power sector, an overv iew of CAA section 111, an assessment of CO 2 emission control technologies, pot ential impacts on small entities, and a summary of the listening sessions. We met with eight of the small entity representatives, as well as three participants from organizations representing power producers, on June 17, 2011, to discuss the outreach materials, potential requirements of the planned rules, and regulatory areas wher e the EPA has discretion and could potentially provide flexibility.

A second outreach meeting was conducted on July 13, 2011. We met with nine of the small entity representatives, as well as three pa rticipants from organizations representing power producers. During the second outreach meeting, various small entity representatives and participants from organizations representing power producers presented information regarding issues of concern with resp ect to development of the planned rules for GHG emissions.

5(d) Collection Schedule
The specific frequency for each information co llection activity within this request is

shown in Exhibits 1a and 1b for the first 3 years following promulgation of the emission guidelines.

6. Estimating the Burden and Cost of the Collection

Exhibit 1a documents the individual burdens for the reporting requirements for the first 3 years. Table 1 below presents the respondent bu rden hours and costs (det ailed in Exhibit 1b).

Table 1. Summary of Respondent Burden and Costs (3-year period following final rule publication)

Year Total Annual Labor Burden (hours) Total Annual Labor Costs ($)

3-Year Total 87,600 $6.20 million Average Annual 29,200 $2.07 million Average Annual per Respondent 14,600 $1.03 million

The individual burdens are expressed under standardized headings believed to be consistent with the concept of burden under th e Paperwork Reduction Act. Where appropriate, specific tasks and major assumptions have been identified; responses to this information collection are mandatory.

The agency may not conduct or sponsor, a nd a person is not required to respond to, a collection of information unless it displa ys a currently valid OMB Control Number.

6(a) Estimating Respondent Burden
The average annual burden over the 3-year pe riod of this ICR from these reporting requirements is estimated to be approximately 29,200 hours per year (detailed in Exhibit 1b).11 These hours are based on Agency studies and background documents from the development of the regulation, Agency knowledge and experience with part 60 and other regulations, including the ICR for the 40 CFR part 60, subpart TTTT proposal.

6(b) Estimating Respondent Costs
Respondent costs are typically divided into three categories. These categories include labor costs, operation and mainte nance (O&M) costs, and annualiz ed capital costs. Labor costs and O&M costs are the only respondent costs associated with this ICR.

(i) Estimating Labor Costs
The average annual labor costs to territories ove r the 3-year period of this ICR from these reporting requirements are estimated to be a pproximately $2.07 million per year (detailed in Exhibit 1b). Labor rates and asso ciated costs are based on Bureau of Labor Statistics (BLS) data. Technical, managerial, and clerical average hourl y rates for territorial government workers were based on the Bureau of Labor Statistics, Occupational Employment Statistics, May 2013 National Industry-Specific Occupa tional Employment a nd Wage Estimates for state government (NAICS code 999200). The labor rates from BLS were multiplied by an overhead multiplier of 110 percent to estimate loaded labor rates of $74.05 per hour for technical, $89.67 per hour for managerial, and $35.09 pe r hour for clerical.

(ii) Estimating Annua lized Capital Costs
There are no annualized capital co sts associated with this ICR.

(iii) Estimating Operation and Maintenance (O&M) Costs

The annual O&M costs associated with this ICR are the costs associated with the paperwork requirements incurred continuously ov er the life of the ICR (e.g., storing hard copy records, electronic data storage, and miscella neous annual supplies) (see Exhibit 1a). The average annual O&M costs associated with this ICR are approximately $2,470 (detailed in Exhibit 1b).

6(c) Estimating Agency Burden and Cost

Because the information collecti on requirements were developed as an incidental part of standards development, no costs can be attrib uted to the development of the information collection requirements. Because reporting and recordkeeping requirements on the part of the respondents are required under section 111 of the CAA, no operational costs will be incurred by the federal government. Public ation and distribution of the information are part of the Compliance Data System, with the result that no fe deral costs can be direct ly attributed to the ICR. Examination of records to be maintained by the respondents will occur incidentally as part of the EPA’s overall compliance and enforcement pr ogram, and, therefore, is not attributable to the ICR. The only costs to the federal governme nt, specifically the EPA Headquarters and the EPA Regions, under this ICR ar e those costs associated with the support and outreach to territories; the review of the plans, negative declarations, extension requests for plan submittals, and public hearing notifications/certifications; and miscellaneous administrative charges. Exhibit 2a presents the average annual Agency burden an d cost estimates for th e first 3 years after promulgation of the emission guidelines. Table 2 below contains a summary of the 3-year total and average annual Agency burden hours and costs (detailed in Exhibit 2b). The Agency burden12 and cost estimates presented in these tables incl ude only the portion related to the guidelines for

territories.

Table 2. Summary of Agency Burden and Costs (3-year period following final rule publication)

Year Total Annual Labor Burden (hours) Total Annual Labor Costs ($)

3-Year Total 7,600 $422,000
Average Annual 2,530 $141,000

Technical, managerial, and clerical averag e hourly rates for the EPA Headquarters staff and the EPA Regional staff were selected from the U.S. Office of Personnel Management Salary Table 2012-GS (accessed at http://www.opm.gov/o ca/12tables/pdf/gs_h.pdf ). These rates were increased by 60 percent to include fringe benef its and overhead. For the EPA Headquarters staff, the loaded labor rates are $62.27 per hour for technical (GS-13, Step 5), $86.56 per hour for managerial (GS-15, Step 5), and $36.11 per hour for clerical (GS-9, Step 5). For the EPA Regional staff, the loaded labor rates are $52.37 per hour for technical (GS-12, Step 5), $86.56 per hour for managerial (GS-15, Step 5), and $29. 52 per hour for clerical (GS-7, Step 5).

The Agency cost estimates also includ e annual costs of $1,000 for miscellaneous administrative charges (e.g., telephone, photocopies, and postage) incurred during each of the first 3 years after promulgation.

6(d) Estimating the Respondent Un iverse and Total Burden and Costs.

Two territories (Guam and Puerto Rico) and th ree areas of Indian country (Fort Mojave, Navajo Nation, and Ute) will be subject to the requirements of the proposed emission guidelines. The two territories are expected to submit their own plans, while th e three tribes are expected to rely on the federal plan or seek the authority to develop a plan themselves. Three territories (American Samoa, Northern Mariana Islands, a nd U.S. Virgin Islands) have no EGUs covered under this subpart and, thus , are expected to subm it negative declarations.

The total number of responses for the monitoring, recordk eeping, and reporting guidelines in the supplemental proposal is esti mated to be 5 over the 3-year ICR period. The average number of annual respon ses over the 3-year ICR period is 1.67 per year. The total labor burden over the 3-year ICR period is estimated to be approximately 87,600 person hours. The total labor costs over the 3-year ICR period are estimated to be approximately $6.20 million.

6(e) Bottom Line Burden Hours and Cost Tables

The bottom line labor hours and costs are s hown in Exhibit 1a for respondents and

Exhibit 2a for the EPA. The labor hours and co sts are summarized in Exhibit 1b for respondents

and Exhibit 2b for the EPA.

6(f) Reasons for Change in Burden

The increase in burden is due to this being a new ICR asso ciated with the supplemental proposal for a new subpart.

6(g) Burden Statement13 The annual public reporting and recordkeeping burden for this collection of information is estimated to be approximately 17,500 hours per response. Burden means the total time, effort, or financial resources expended by persons to gene rate, maintain, retain, or disclose or provide information to or for a federal agency. This in cludes the time needed to review instructions; develop, acquire, install, and utilize technology and systems fo r the purposes of collecting, validating, and verifying information, processi ng and maintaining information, and disclosing and providing information; adjust the existing wa ys 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 a nd review the collection of information; and

transmit or otherwise disclose the information.

An agency may not conduct or sponsor, a nd a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The OMB

control numbers for the EPA’s regulations in 40 CFR part 60 are listed in 40 CFR part 9.

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, the EP A has established a public docket for this ICR under Docket ID Number EPA-HQ-OAR-2013-0602, wh ich is available for online viewing at www.regulations.gov, or in person viewing at th e EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution Avenue, NW, Washi ngton, D.C. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4: 30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Read ing Room is (202) 566-1744, and the telephone number for the EPA Docket Center is (202) 566- 1742. An electronic versio n of the public docket is available at www.regulations.gov. This site ca n be used to submit or view public comments, access the index listing of the contents of the publ ic docket, and to access those documents in the public docket that are available electronically. When in the system, select “search,” then key in

the Docket ID Number identified above. Al so, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, D.C. 20503, Attention: Desk Officer for EPA. Pleas e include the EPA Docket ID Number EPA-HQ-OAR-2013-0602 in any correspondence.

PART B
This section is not applicable because statistical methods ar e not used in data collection associated with these guidelines.14 ATTACHMENTS

Exhibit 1a. Respondent Burden and Cost of Repo rting and Recordkeeping Requirements, Carbon Pollution Emission Guidelines for Existing Stationa ry Sources: Electric Utility Generation Units; Supplemental Proposal (40 CF R Part 60, Subpart UUUU)

Exhibit 1b. Summary of Respondent Burden a nd Cost of Reporti ng and Recordkeeping Requirements, Carbon Pollution Emission Guidelin es for Existing Stati onary Sources: Electric Utility Generation units; Supplemental Pr oposal (40 CFR Part 60, Subpart UUUU)

Exhibit 2a. Burden and Cost to the Agency, Ca rbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generati ng Units; Supplemental Proposal (40 CFR Part 60, Subpart UUUU)

Exhibit 2b. Summary of Agency Burden and Co st, Carbon Pollution Emission Guidelines for Existing Stationary Sources: El ectric Utility Generating Units; Supplemental Proposal (40 CFR Part 60, Subpart UUUU)15Exhibit 1a. Respondent Burden and Cost of Reporting and Recordkeeping Requirements, Carbon Pollution Emission Guidelines for ExistingStationary Sources: Electric Utility Generation Units;Supplemental Proposal (40 CFR Part 60, Subpart UUUU)Burden Item(A)Hours/Occurrence(B)Occurrences/Respondent/Year(C)Hours/Respondent/ Year(A x B)(D)Respondents/Year(E)TotalHours/Year(C x D)(F)TechnicalHours/Year(E x 0.79)(G)ManagerialHours/Year(E x 0.09)(H)ClericalHours/Year(E x 0.12)(I)Cost/Year1. REPORTING REQUIREMENTSA. Read and Understand Rule Requirementsa40 1 40 1.7 67 53 6.0 8.0 $4,719B. Required ActivitiesDevelop/implement planb,c14,560 1 14,560 2 29,120 23,005 2,621 3,494 $2,061,043C. Create InformationIncl. in 1BD. Gather InformationIncl. in 1BE. Report PreparationSubmit plan Incl. in 1BSubmit negative declarationd1 1 1 1 1.0 0.79 0.09 0.12 $71AVERAGE ANNUAL LABOR BURDEN ANDCOST29,188 23,058 2,627 3,503 $2,065,832AVERAGE ANNUALIZED COSTS (O&M)Recordkeeping/reporting supplies $2,470aAssumes one-time burden of 40 hours to read and understand rulerequirements; respondents include all five territories, averaged over the 3-year ICR period (5/3=1.7).bAssumes 7 FTEs per territory per year for team leadership,political outreach, general coordination of plans, energy and policy analysis, coordination between energy office and air office, modeling,and data analysis (7x8x5x52=14,560 hours) .cRespondents include the two territoriesexpected to develop/implement a plan.dRespondents include the three territories expected to submit aone-time negative declaration, averaged over the 3-year ICR period (3/3=1).Nationwide Respondent AssumptionsBreakdown of RespondentsNo.NotesTotal no. respondents 5 All 5 territoriesNo. expected to submit plana2 2 territoriesNo. expected to submit negative declaration 3 3 territoriesaTribes expected to rely on federal plan.Respondent Labor RatesLabor CategoryRespondent Labor Rates (May 2013)UnloadedaOverhead Multiplier (110%)LoadedTechnical $35.26 2.1 $74.05Managerial $42.70 2.1 $89.67Clerical $16.71 2.1 $35.09aUnloaded labor rates from U.S. Department of Labor, Bureau of Labor Statistics,Occupational Employment Statistics, May2013 National Industry-Specific OccupationalEmployment and Wage Estimates, NAICS 999200- State Government, excluding schools andhospitals (OES Designation)http://www.bls.gov/oes/2013/may/naics4_999200.htmRecordkeeping/Reporting Supplies (Annual O&M Costs)aSupply ItemPrice/ItemNo./Resp.No. Resp.TotalFile cabinet to store hard copy records $235 1 2 $470Electronic data storage device $500 1 2 $1,000Miscellaneous annual supplies $500 1 2 $1,000Average Annual Cost $2,470aCosts based on estimates initially prepared for 40 CFR part 60, subpart TTTT.16Exhibit 1b. Summary of Respondent Burden and Cost of Reportingand Recordkeeping Requirements, Carbon Pollution Emission Guidelines forExisting Stationary Sources: Electric Utility Generation units; Supplemental Proposal (40 CFR Part 60, Subpart UUUU)Summary of Respondent Burden and CostTotalsAnnual LaborBurden (Hours)AnnualLabor CostsAnnualizedCapital CostsAnnualO&M CostsAnnualized Costs3-Year Total 87,563 $6,197,495 $0 $7,410 $7,410Average Annual 29,188 $2,065,832 $0 $2,470 $2,470Average Annual perRespondenta14,601 $1,033,423 $0 $1,235 $1,235aEqual to average annual estimate for eachburden item in Exhibit 1a divided by the number of respondents in Exhibit 1a for that burden item,summed for all burden items.Summary of ResponsesInformation CollectionActivityOccurrenceperRespondentRespondentsTotalResponsesAverageAnnualREPORT REQUIREMENTSSubmit plan 1 2 2Submit negative declaration 1 3 33-Year Total Responses 5Average Annual Number of Responses = 1.67Average Annual Responses per Respondent = 0.33Average Annual Hours per Response = 17,51317Exhibit 2a. Burden and Cost to the Agency, Carbon Pollution Emission Guidelines forExisting Stationary Sources: Electric Utility GeneratingUnits; Supplemental Proposal (40 CFR Part 60, Subpart UUUU)Activity(A)Hours/Occurrence(B)Occurrences/Facility/Year(C)Hours/Facility/Year(A x B)(D)Facilities/Year(E)EPA TotalHours/Year(C x D)(F)EPATechnicalHours/ Year(E x 0.79)(G)EPAManagerialHours/Year(E x 0.09)(H)EPAClericalHours/ Year(E x 0.12)(I)Cost, $1. SUPPORT/OUTREACHEPA Headquartersa,b414 1 414 2 827 653 74 99 $50,714EPA Regionsb,c452 1 452 2 904 714 81 108 $47,6342. REPORT REVIEWdReview negative declarationse1 1 1 1 1.0 0.79 0.09 0.12 $53Coordination with territories on submitting plansf,g160 1 160 0.7 107 84 10 13 $5,622Review notifications of public hearings on plansg2 1 2 0.7 1.3 1.05 0.12 0.16 $70Review certifications that public hearings on plansconducted according to subpart B proceduresg2 1 2 0.7 1.3 1.05 0.12 0.16 $70Review/approve plansg,h1,040 1 1,040 0.7 693 548 62 83 $36,541AVERAGE ANNUAL LABOR BURDEN AND COST 2,535 2,002 228 304 $140,704AVERAGE ANNUAL OTHER DIRECT COSTSMiscellaneous cost (e.g., telephone, photocopies, postage) $1,000TOTAL AVERAGE ANNUAL COST (Average Annual LaborCost + Average Annual Other Direct Costs) $141,704aAssumes 414 hours of EPA Headquarters burden per territory to oversee the program and help with outreach/territory/enforceability questions and regional assistance, based on the Agency burdenestimate calculated for the June 2014 proposal.bIncludes the two territories expected to develop/implement plans.cAssumes 452 hours of EPA Regional outreach per territory, based on the Agency burden estimate calculated for the June 2014 proposal.dOne-time activities, averagedover the 3-year ICR period.eIncludes the three territories expectedto submit a negative declaration, averaged over the 3-year ICR period (3/3=1).fAssumes 4 weeks to coordinate with territories toadvise on their submittal of plans (8x5x4=160 hours).gIncludes the two territories expected to submit a plan, averaged over the 3-year ICR period (2/3=0.7).hAssumes 6 full months for the EPA Regions to review each plan, with some coordination withEPA Headquarters (8x5x26=1,040 hours).EPA Staff Labor RatesLabor CategoryLabor Rates (2012)UnloadedaOverhead Multiplier (60%)LoadedEPA HeadquartersTechnical (Grade 13, Step 5) $38.92 1.6 $62.27Managerial (Grade 15, Step 5) $54.10 1.6 $86.56Clerical (Grade 9, Step 5) $22.57 1.6 $36.11EPA RegionsTechnical (Grade 12, Step 5) $32.73 1.6 $52.37Managerial (Grade 15, Step 5) $54.10 1.6 $86.56Clerical (Grade 7, Step 5) $18.45 1.6 $29.52aUnloaded labor rates from U.S. Office of Personnel Management < http://www.opm.gov/oca/12tables/pdf/gs_h.pdf>Other Direct CostsExpense ItemCosta18Miscellaneous cost (e.g., telephone, photocopies, postage) $1,000aCost based on estimate initially prepared for 40 CFR part 60, subpart TTTT.19Exhibit 2b. Summary of Agency Burden and Cost, Carbon PollutionEmission Guidelines for Existing Stationary Sources: Electric UtilityGenerating Units; Supplemental Proposal (40 CFR Part 60, SubpartUUUU)TotalsAnnualLaborBurden(Hours)AnnualLaborCostsAnnualOtherDirectCostsTotalAnnualCosts3-Year Total 7,604 $422,111 $3,000 $425,111Average Annual 2,535 $140,704 $1,000 $141,704Average Annual Agency Hour Burden per Response = 2,535Average Annual Agency Cost Burden per Response = $141,704