1

SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

A. JUSTIFICATION

1. IDENTIFICATION OF INFORMATION COLLECTION

a) Title: NESHAP for Radionuclides (40 CFR part 61, subparts B, K, R and W) (Renewal)

EPA Number 1100.14, OMB Number 2060-0191

b) Short Characterization

On July 31, 2012, OMB approval to collect information associated with National 

Emission Standards for Hazardous Air Pollutants (NESHAPs) relative to radionuclides will 

expire. This renewal request is for continued collection of information from various source 

categories. The information to be collected is non-statistical in nature and, therefore, only Part A 

of the supporting statement requesting for OMB approval under the Paperwork Reduction Act 

and 5 CFR 1320 is addressed below.

On January 24, 2012 (77 FR 3472), EPA requested comments on specific aspects of this 

ICR, with the comment period closing on March 26, 2012. By this deadline, there were no 

comments.

On December 15, 1989, pursuant to Section 112 of the Clean Air Act as amended in 1977 

(42 USC 1857), the Environmental Protection Agency (EPA) promulgated NESHAPs to control 

radionuclide emissions from several source categories. The regulations were published in 54 FR

51653, and are codified at 40 CFR Part 61 subparts B, K, R, and W, and impose the following 

radionuclide dose and emission standards:

Subpart B--Underground Uranium Mines - 10 mrem/yr
2

Subpart K--Elemental Phosphorous Plants - 2 curies/yr

Subpart R--Phosphogypsum Stacks - 20 pCi/m2-s

Subpart W--Uranium Mill Tailings - 20 pCi/m2-s

Originally there were seven subparts:B, H, I, K, R, T and W--that were published in the 

December 15, 1989 Federal Register (54 FR 51653). Since the 1989 notice, subparts I and T are 

no longer regulated by EPA. Due to petitions for reconsideration, EPA rescinded subpart T as it 

applies to owners and operators of uranium mill tailings disposal sites licensed by NRC or an 

affected Agreement State on July 15, 1994, 59 FR 36280. Subpart I as it applies to NRClicensed facilities was rescinded on December 30, 1996 (61 FR 68971) because in the 1990

Clean Air Act amendments, Congress directed EPA to stop regulating radionuclide emissions 

from NRC licensed facilities if EPA determines that the NRC regulatory program protects the 

public health with an ample margin of safety. After careful review, EPA determined that public 

health would be protected with an ample margin of safety by NRC’s program. Subpart H does 

not require an ICR because it covers Federal facilities, which are not subject to the Paperwork 

Reduction Act. The existing subpart I of the radionuclide NESHAP now only applies to nonDOE federal facilities not licensed by NRC. The non-DOE federal facilities not licensed by

NRC, namely, DoD facilities, are expected to have emissions below 1% of the standards and are 

therefore not subject to the reporting requirements.

Information collected is used by EPA to ensure that public health continues to be 

protected from the hazards of airborne radionuclides by compliance with these standards. If the 

information were not collected, it is unlikely that a violation of these standards would be 

identified and, thus, there would be no corrective action initiated to bring the facilities back into 
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compliance. Compliance is demonstrated through emission testing and/or dose calculation. All 

facilities are required to monitor and calculate emissions, and maintain their records for 5 years. 

The rationale for the 5 year record keeping requirement is from the Code of Federal Regulations 

(CFR), 40 CFR part 61, Section 61.95. In some cases, facility operators also report their results 

to EPA.

2. NEED FOR AND USE OF THE COLLECTION

(a) Need/Authority for the Collection

In the context of the Clean Air Act (42 USC 1857), Section 114 authorizes the 

Administrator of EPA to require any person who owns or operates any emission source or who is 

subject to any requirements of the Act to:

- Establish and maintain records

- Make reports, install, use, and maintain monitoring equipment or method

- Sample emissions in accordance with EPA-prescribed locations, intervals and methods

- Provide information as may be requested

(b) Practical Utility/Users

EPA’s regional offices use the information collected to ensure that public health 

continues to be protected from the hazards of radionuclides by compliance with health based 

standards.

EPA's compliance monitoring activities vary widely. EPA could issue a letter requesting 

information about compliance or could conduct a full scale investigation, including on-site 

inspections.

When EPA first learns of a compliance problem, EPA attempts to remedy the problem by

holding informal discussions with the owner/operator of the source. If it is not possible to 
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remedy the problem informally, formal action is taken. EPA's Clean Air Act Compliance 

Enforcement Guidance Manual identifies the Agency's informal and formal enforcement 

operating procedures.

3. NON-DUPLICATION, CONSULTATIONS AND OTHER COLLECTION CRITERIA

(a) Non-duplication

In accordance with 40 CFR Part 61, the specific information requested by this notice is not 

currently collected by any other office within EPA or any other governmental agency. 

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

On January 24, 2012 (77 FR 3472), EPA requested comments on specific aspects of this 

ICR, with a 60 day comment period which closed on March 26, 2012. Specifically, there were 

no comments received from affected entities or the general public by this deadline. 

(c) Consultations

In developing the regulations, EPA gathered extensive background information on the 

affected facilities. In addition to background information collected from the regulated sources, 

public comments were received during the rulemaking process and they are contained in the 

public docket. Since the rules were promulgated, there have been opportunities for dialogue 

between EPA and affected facilities which have resulted in changes to the rules, memorandums 

of understanding, and rescissions. In preparing this request, EPA also contacted contractors, 

EPA and State staff, and facility emission monitoring and compliance professionals. As a result 

of these consultations and the provision in the Clean Air Act Amendments, EPA was able to 

eliminate duplication of effort between EPA and NRC in instances where EPA determined that 

the NRC program could provide protection of the public health with an ample margin of safety.

(d) Effects of Less Frequent Collection
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All reporting is annually or less frequent than annually.

(e) General Guidelines

 This ICR meets OMB’s collection guidelines, had no public comments during the comment 

period which ended March 26, 2012, and does not duplicate another collection. 

(f) Confidentiality

This section does not apply because this ICR does not request information of confidential 

nature. 

(g) Sensitive Questions

This section is not applicable because this ICR does not request sensitive information.

4. THE RESPONDENTS AND THE INFORMATION REQUESTED

(a) Respondents NAICS Codes

The NAICS Codes associated with the activity of the respondents are:

Elemental Phosphorous - 325188

Phosphogypsum Stacks - 212392

Underground Uranium Mines - 212291

Uranium Mill Tailings - 212291

(b) Information Requested

Descriptions of the reporting requirements are listed separately for each subpart.

Reporting

Subpart B - Underground Uranium Mines

The mine owner or operator shall annually calculate and report the results of the 

compliance calculations and the input parameters used in making the calculation. The 
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compliance calculations include using 40 CFR part 61, Appendix B, Method 115 to calculate the 

source terms used in the program COMPLY-R which calculates the dose. The report shall cover 

the emissions of a calendar year and shall be sent to EPA by March 31 of the following year. 

Each report shall also include the following information:

(1) The name and location of the mine (including latitude and longitude), 

(2) The name of the person responsible for the operation of the facility and the name of 

the person preparing the report (if different), 

(3) The results of the emissions testing conducted and the dose calculated using the 

procedures in Section 61.23,

(4) A list of the stacks or vents or other points where radioactive materials are released to 

the atmosphere, including their location, diameter, flow rate, effluent temperature and 

release height,

(5) A description of the effluent controls that are used on each stack, vent, or other 

release point and the effluent controls used inside the mine, and an estimate of the 

efficiency of each control method or device,

(6) Distances from the points of release to the nearest residence, school, business or 

office and the nearest farms producing vegetables, milk and meat, 

(7) The values used for all other user-supplied input parameters for the computer model 

and the source of these data,

(8) Each report shall be signed and dated by a corporate officer in charge of the facility

and contain the following declaration immediately above the signature line: "I certify

under penalty of law that I have personally examined and am familiar with the 

information submitted herein and based on my inquiry of those individuals immediately
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responsible for obtaining the information, I believe that the submitted information is true, 

accurate and complete. I am aware that there are significant penalties for submitting false 

information including the possibility of fine and imprisonment. See 18 U.S.C. 1001."

In order to complete the Subpart B reporting requirements respondents will:

a. read and understand the regulatory provision,

b. perform radon-222 emission measurements as required in Appendix B, Method 115,

c. perform data analysis including Method 115 source term calculations and COMPLYR dose calculation,

d. prepare and submit report.

For recordkeeping requirements, all facilities are required to calculate, monitor, and 

maintain their records for five years and upon request be made available for inspection by the 

Administrator, or his/her authorized representative. (See Table B)

Subpart K - Elemental Phosphorus Plants

Each owner or operator of an elemental phosphorus plant shall test emissions from the 

plant annually according to the procedures in Section 61.123 and using the test methods in 

Section 61.125.

Each owner or operator of an elemental phosphorus plant shall furnish the Administrator 

with a written report on the results of the emission test within 60 days of conducting the test. 

The report must provide the following information: 

(1) The name and location of the facility (including latitude and longitude), 

(2) The name of the person responsible for the operation of the facility and the name of 

the person preparing the report (if different),

(3) A description of the effluent controls that are used on each stack, vent or other release 
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point and an estimate of the efficiency of each device,

(4) The results of the testing, including the results of each sampling run completed,

(5) The values used in calculating the emissions and the source of these data,

(6) Each report shall be signed and dated by a corporate officer in charge of the facility

and contain the following declaration immediately above the signature line: "I certify

under penalty of law that I have personally examined and am familiar with the 

information submitted herein and based on my inquiry of those individuals immediately

responsible for obtaining the information, I believe that the submitted information is true, 

accurate and complete. I am aware that there are significant penalties for submitting false 

information including the possibility of fine and imprisonment. See, 18 U.S.C. 1001."

In order to complete these reporting requirements respondents will:

a. read and understand the regulatory provision,

b. perform the emission monitoring and test procedures in Section 61.125,

c. perform data analysis including calculation of annual emission rate,

d. prepare and submit the report to EPA. 

For recordkeeping requirements, all facilities are required to calculate, monitor, and 

maintain their records for five years and upon request be made available for inspection by the 

Administrator, or his/her authorized representative. (See Table K)

Subpart R- Phosphogypsum Stacks

Sixty days following the date at which a stack becomes an inactive stack the owners or 

operators of the inactive phosphogypsum stack shall test the stack in accordance with the 

procedures described in 40 CFR part 61, Appendix B, Method 115. This is a one-time report. 

However, if an owner or operator removes phosphogypsum from an inactive stack, the owner 
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shall test the stack once a year for every year in which phosphogypsum is removed from the 

stack.

EPA shall be notified at least 30 days prior to an emission test so that EPA may, at its 

option, observe the test. Ninety days after the testing is required, the owner or operator shall 

provide EPA with a report detailing the actions taken and the results of the radon-222 flux 

testing. Each report shall also include the following information:

(1) The name and location of the facility, 

(2) A list of the stacks at the facility including the size and dimensions of the stack, 

(3) The name of the person responsible for the operation of the facility and the name of 

the person preparing the report (if different), 

(4) A description of the control measures taken to decrease the radon flux from the source 

and any actions taken to insure the long term effectiveness of the control measures, and 

(5) The results of the testing conducted, including the results of each measurement,

(6) Each report shall be signed and dated by a corporate officer in charge of the facility

and contain the following declaration immediately above the signature line: "I certify

under penalty of law that I have personally examined and am familiar with the 

information submitted herein and based on my inquiry of those individuals immediately

responsible for obtaining the information, I believe that the submitted information is true, 

accurate and complete. I am aware that there are significant penalties for submitting false 

information including the possibility of fine and imprisonment. See 18 U.S.C. 1001."

Also, the owner or operator of the stack from which the phosphogypsum is removed shall 

determine annually the average radium-226 concentration at the location in the stack from which 

the phosphogypsum will be removed as provided by Section 61.207. Each distributor, retailer, or 
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reseller who distributes phosphogypsum for use in agriculture shall prepare certification 

documents which conform to the requirements of Section 61.208.

The owner or operator of a stack from which phosphogypsum will be removed and 

distributed in commerce pursuant to Section 61.204, Section 61.205, or Section 61.206 shall 

prepare a certification document for each quantity of phosphogypsum which is distributed in 

commerce which includes:

(1) The name and address of the owner or operator,

(2) The name and address of the purchaser or recipient of the phosphogypsum,

(3) The quantity (in pounds) of phosphogypsum sold or transferred,

(4) The date of sale or transfer,

(5) The average radium-226 concentration, in pCi/g, of the phosphogypsum to Section 

61.207, and 

(6) The signature of the person who prepared the certification.

Each distributor, retailer, or reseller who purchases or receives phosphogypsum for 

subsequent resale or transfer shall prepare a certification document for each quantity of 

phosphogypsum which is resold or transferred which includes:

(1) The name and address of the owner or operator,

(2) The name and address of the purchaser or recipient of the phosphogypsum,

(3) The quantity (in pounds) of phosphogypsum sold or transferred,

(4) The date of resale or transfer,

(5) A description of the intended end use for the phosphogypsum,

(6) A copy of each certification document which accompanied the phosphogypsum at the 

time it was purchased or received by the distributor, retailer, or reseller, and
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(7) The signature of the person who prepared the certification. Submission of 

certification documents to EPA is not a requirement.

In order to complete these reporting requirements respondents will:

a. read and understand the regulatory provision,

b. perform the radon flux testing in Section 61.203,

c. perform radium-226 sampling and measurement procedures in Section 61.207 (if 

required),

d. perform data analysis including Method 115 radon flux or radium-226 concentration 

calculations,

e. prepare and submit the report and prepare a certification document if required.

For record keeping requirements, all facilities are required to calculate, monitor, and 

maintain their records for five years and upon request be made available for inspection by the 

Administrator, or his/her authorized representative. (See Table R)

Subpart W - Uranium Mill Tailings

The owners or operators of operating existing mill impoundments shall report the results 

of the compliance calculations required in Section 61.253 and the input parameters used in 

making the calculation for each calendar year shall be sent to EPA by March 31 of the following 

year. Each report shall also include the following information: 

(1) The name and location of the mill, 

(2) The name of the person responsible for the operation of the facility and the name of 

the person preparing the report (if different),

(3) The results of the testing conducted, including the results of each measurement, 

(4) Each report shall be signed and dated by a corporate officer in charge of the facility
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and contain the following declaration immediately above the signature line: "I certify

under penalty of law that I have personally examined and am familiar with the 

information submitted herein and based on my inquiry of those individuals immediately

responsible for obtaining the information, I believe that the submitted information is true, 

accurate and complete. I am aware that there are significant penalties for submitting false 

information including the possibility of fine and imprisonment. See 18 U.S.C. 1001."

In order to complete these reporting requirements respondents will:

a. read and understand the regulatory provision,

b. perform testing required in 40 CFR part 61, Appendix B, Method 115,

c. perform data analysis including Method 115 radon flux calculations,

d. prepare and submit the report to EPA. 

For record keeping requirements, all facilities are required to calculate, monitor, and 

maintain their records for five years and upon request be made available for inspection by the 

Administrator, or his/her authorized representative. (See Table W)

Record Keeping

The record keeping requirements of each subpart are similar and have been summarized 

in the paragraph below.

The owner or operator of the facility must maintain records documenting the source of 

input parameters including the results of all measurements upon which they are based, the 

calculations and/or analytical methods used to derive values for input parameters, and the 

procedure used to determine compliance. This documentation should be sufficient to allow an 

independent auditor to verify the accuracy of the determination made concerning the facility's 
13

compliance with the standard. These records must be kept at the mill or facility for at least five 

years and, upon request, be made available for inspection by the Administrator, or his/her 

authorized representative.

5. THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION 

METHODOLOGY, AND INFORMATION MANAGEMENT

(a) Agency Activities

Information being collected is pursuant to Federal regulation. Agency activities consist of 

reviewing owner or operator test reports and maintaining files.

(b) Collection Methodology and Management

The Office of Radiation and Indoor Air and the EPA regional offices have planned and 

allocated resources for the efficient and effective management and use of this information. 

Records must be maintained documenting the source of input parameters including the 

results of all measurements upon which they are based, the calculations and/or analytical 

methods used to derive values for input parameters, and the procedure used to determine 

effective dose equivalent. This documentation should be sufficient to allow an independent 

auditor to verify the accuracy of the determination made concerning the facility's compliance 

with the standard. These records must be kept at the site of the facility for at least five years and, 

upon request, be made available for inspection by the Administrator, or the Administrator=s 

authorized representative.

The Agency has determined that the annual report review and periodic on site inspection 

is the most effective method to insure compliance. EPA regional office staff review facility

annual reports to determine if compliance with the regulatory standards are being maintained. 

Verification of data is accomplished by recalculation of dose using computer models and 
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conducting site inspections or witnessing an emission test. 

(c) Small Entity Flexibility

None of the regulations covered by this ICR are applicable to small entities. 

(d) Collection Schedule

For some subparts, annual reports are required to provide yearly certification of 

compliance with a health based standard; therefore, less frequent reporting was not considered an 

option to reduce burden because of the yearly stipulation in the rule. However, for other subparts 

(such as subpart R), it was determined during rulemaking that less frequent reports were 

adequate to protect public health.

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION

Burden and costs estimates have been calculated separately for each subpart. Respondent 

labor rates are based on ‘mean’ values from the May 2011 data of the US Department of Labor, 

Bureau of Labor Statistics (BLS) for the mining industrial sector. These national industryspecific occupational employment and wage estimates are calculated with data collected from 

employers of all sizes, in metropolitan and non-metropolitan areas in every State and the District 

of Columbia, in NAICS 212200 - Mining (except Oil and Gas). These rates are increased by

120% in the cost estimate to include inflation and overhead. The labor key is as follows: 

Management (Mgmt) ($127.93/hr) was based on the Total Compensation for the Management 

Occupational Group in the mining sector in the BLS data. Technical (Tech) was based on the 

mean salary for “all production operations” ($71.32/hr) in the mining sector which includes 

mining machine operators, water and liquid waste treatment plant and system operators, and 

chemical plant and system operators. Clerical (Cler) ($48.04/hr) was based on the Total 

Compensation for the Office and Administrative Support Occupations in the mining sector in the 
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BLS data.

 The tables representing each subpart are listed below with their reporting requirement 

information. (Note: Subpart R has 2 tables; Table 1 represents the 18 stacks required to 

complete a one-time report. Table 2 represents 1 stack that has to conduct radon flux testing and 

sampling for radium-226 every year when phosphogypsum is removed from the stacks.) Table 2 

is actually a placeholder because phosphogypsum is currently not being removed from any 

stacks for distribution in commerce; however, since it is possible in the next three-year period, 

we include one stack.
Information Collection Hours and Costs for Underground Uranium Mines Total Hours and Costs/Activity

Table B.

Subpart B--

Underground Uranium 

Mines

Manager

$128/h

Technical

$71.00/h

Clerical

$48.00/h

Respond.

hours/

year

Labor 

cost/year/

Respond.

Total 

Capital/

startup 

cost

Total 

O & M

Cost

Number of 

Respon.

Total 

hours/

year

Total cost/

year

Reporting

Read and understand 

the regulatory

provision (Mgmt)

10 10 $1,280 4 40 $5,120

Perform emission 

monitoring (Tech.) 160 160 $11,360 $30,000 $20,000 4 640 $95,440

Perform data analysis 

(Technical) 40 40 $2,840 4 160 $11,360

Prepare report (Mgmt) 10 10 $1,280 4 40 $5,120

Record Keeping

File and maintain data 

(Clerical) 10 10 $ 480 4 40 $1,920

TOTAL 20 200 10 230 $17,240 $30,000 $20,000 4 920 $118,960

Assumptions:

1. Capital/start up cost: = $30K

2. Annual cost (O & M): 4 facilities x $5,000 = $20,000
B -- Underground Uranium Mines

In order to complete Subpart B reporting requirements respondents will:

a. read and understand the regulatory provision,

b. perform radon-222 emission measurements as required in 40 CFR part 61, 

Appendix B, Method 115,

c. perform data analysis including Method 115 source term calculations and dose 

calculation using an approved model

d. prepare and submit report.

- The estimated capital/start-up cost includes the monitoring equipment needed to 

perform Method 115 testing for one mine. 

- Capital/start-up burden includes understanding regulatory provisions and installation of 

equipment (there was limited capital cost in this cycle since only one new mine needed to 

purchase capital equipment, (and subsequently closed). Other mines that reopened had 

equipment at the site.

- Estimated annual costs related to testing include calibration, and repairs costs.

- Estimated annual burden hours collecting emission data from monitoring equipment 

and performing data analysis and calculations, report preparation and data management.

- Based on reports received during the reporting period, only 4 mines at this time are 

venting and required to submit a report due to downturns in the price of uranium.
Information Collection Hours and Costs for Elemental Phosphorus Total Hours and Costs/Activity

 

Table K

Subpart K-- Elemental 

Phosphorus Plants

Manager

$128/hour

Technical

$71/hour

Clerical

$48/hour

Respon.

hours/

year

Labor 

cost/year

Total 

Capital/

startup 

cost

Total

O & M

Cost

Number of 

Respon.

Total 

hours/

year

Total cost/

year

Reporting

Read and understand 

the regulatory

provision (Mgmt)

10 10 $1,280 1

10 $1,280

Perform emission 

monitoring (Tech.) 240 240 $17,040 $5,559 1 240 $22,599

Perform data analysis 

(Technical) 8 8 $ 568 1 8 $568

Prepare report (Mgmt) 10 10 $ 1,280 1 10 $1,280

Record Keeping

File and maintain data 

(Clerical) 10 10 $ 340 1 10 $340

TOTAL

20 248 10 278 $20,498 $5,559 1 278 $26,207

Assumptions:

1. Capital/start up cost: 0 facilities x $0 = $0

2. Annual cost (O & M): 1 facilities x $5,559 = $5,559
K--Elemental Phosphorus Plants

In order to complete these reporting requirements respondents will:

a. read and understand the regulatory provision,

b. perform the emission monitoring and test procedures in Section 61.125,

c. perform data analysis including calculation of annual emission rate,

d. prepare and submit the report to EPA.

- It is estimated that 1 facility will complete these reporting requirements. 

- The estimated cost for a contractor to complete testing is $5,559.
Information Collection Activity Hours and Costs for Phosphogypsum Stack Total Hours and Costs/Activity 

Table R1

Subpart R--

Phosphogypsum 

Stacks 

Manager

$128/hour

Technical

$71/hour

Clerical

$48/hou

r

Respond.

Hours/

year

Labor 

cost/year/Respond.

Total 

Capital/

startup 

cost

Total

O & M

Cost

Number 

of 

Respon.

Total 

hours/

year

Total cost/

year

Reporting

Read and understand the 

regulatory provision 

(Mgmt)

10 10 $1,280 10 100 $12,800

Perform emission 

monitoring (Tech.) 64 64 $4,544 $105,000 10 640 $150,440

Perform data analysis 

(Technical) 12 12 $ 852 10 120 $8,250

Prepare report (Mgmt) 10 10 $ 1,280 10 100 $12,800

Record Keeping

File and maintain data 

(Clerical) 10 10 $ 480 10 100 $4,800

TOTAL 20 76 10 106 $8,436 $105,000 10 1,060 $189,360

Assumptions: Tables R1 & R2

1. Capital/start up cost: 10 facilities x $0 = $0; (Table 2) 10 facilities x $0 = $0

2. Annual cost (O & M): 10 facilities x $10,500 = $105,000 (Table 2) 1 facilities x $10,000 = $10,000.

Total O & M for Tables R1 & R2 = $105,000 + $115,000 = $220,000
Information Collection Activity Hours and Costs Per Respondent Total Hours and Costs/Activity 

Table R2

Subpart R-- 

Phosphogypsum 

Stacks

Manager

$128/hour

Technical

$71/hour

Clerical

$48/hour

Respond.

Hours/

year

Labor 

cost/year/

Respond.

Total 

Capital/

startup 

cost

Total

O & M

Cost

Number 

of 

Respond.

Total 

hours/

year

Total cost/

year

Reporting

Read and understand 

the regulatory

provision (Mgmt)

10 10 $1,280 1 10 $1,280

Perform radon flux 

testing (Tech.) 64 64 $4,544 $10,500 1 64 $15,044

Perform radium-226 

sampling and 

measurement procedures (Tech.)

48 48 $3,408 $105,000 1 48 $108,408

Prepare data analysis 

(Tech.) 12 12 $ 852 1 12 $852

Prepare report and 

certification papers 

(Mgmt)

10 10 $1,280 1 10 $1,280

Record Keeping

File and maintain 

data (Clerical) 20 20 $960 1

100 $960

TOTAL 20 124 20 164 $12,324 $115,500 1 244 $127,824
R-Phosphogypsum 

In order to complete these reporting requirements respondents will:

a. read and understand the regulatory provision,

b. perform the radon flux testing in Section 61.203,

c. perform radium-226 sampling and measurement procedures in Section 61.207 (if 

required),

d. perform data analysis including Method 115 radon flux or radium-226 

concentration calculations,

e. prepare and submit the report and certification document if required.

- It is estimated that the testing materials for 300 flux measurements and the analysis is 

obtained from a contract source at a cost of $35/measurement. 

- It is estimated that it will take four days for two people to place, collect and ship 300 

samples to a testing lab. 

- It is estimated that 10 stacks will be required to complete this one-time report since they

have active air permits. 

- It is estimated that 1 phosphogypsum stack will have to conduct radon flux testing every

year. Phosphogypsum is not removed from any stacks at this point in time, however we use one 

facility in this calculation in anticipation that some removal may occur during the next three 

years. For these stacks, the radium-226 concentration must also be determined and included in 

certification papers. Radon flux measurements for these sites will be as discussed above. Section 

61.207 requires a minimum of 30 samples from each area where phosphogypsum is being 

removed from the stack. Additional sampling is required where the concentrations approach 10 

pCi/g Ra-226. Therefore, we conservatively estimate that 100 samples per stack will be 
necessary to document radium-226 concentrations and that radium analysis will be at $100 per 

sample from a contract source. It is estimated that it will take two people three days to collect 

prepare and ship the samples.
Information Collection Hours and Costs Per Respondent Total Hours and Costs/Activity

 

Table W

Subpart W-- Uranium 

Mill Tailings Piles

Manager

$128/hour

Technical

$71/hour

Clerical

$48/hour

Respond.

Hours/

year

Labor 

cost/year/

Respond.

Total 

Capital/

startup 

cost

Total

O & M

Cost

Number of 

Respond.

Total 

hours/

year

Total cost/

year

Reporting

Read and understand 

the regulatory

provision (Mgmt)

10 10 $1,280 5 50 $7,140

Perform radon flux 

testing (Tech.) 32 32 $2,272 $35,000 5

160 $46,360

Perform data analysis 

(Technical) 12 12 $ 852 5 60 $4,260

Prepare report (Mgmt) 10 10 $1,280 5 50 $6,400

Record Keeping

File and maintain data 

(Clerical) 10 10 $ 480

5

50 $2,400

TOTAL 20 44 10 74 $6,164 $35,000 5 370 $65,820

Assumptions:

1. Capital/start up cost: 0 facilities x $0 = $0

2. Annual cost (O & M): 5 facilities x $7,000 = $35,000
W--Uranium Mill Tailings

In order to complete these reporting requirements respondents will:

a. read and understand the regulatory provision,

b. perform radon flux testing required in 40 CFR part 61, Appendix B, Method 115,

c. perform data analysis including Method 115 radon flux calculations,

d. prepare and submit the report to EPA.

- It is estimated that the testing materials for 200 measurements and the analysis is 

obtained from a contract source at a cost of $35/measurement. 

- It is estimated that it will take one day for two people to place 100 canisters and one for 

two people to collect the canisters and ship them to a testing lab. 

- It is estimated that 5 facilities will file a report annually.

- The estimated cost for a contractor to complete the testing is $2,834

SUMMARY OF BURDEN ESTIMATE FOR RESPONDENTS 

Subpart No of 

Respondents

Capital/Start-up Cost (O & M) 

Cost

Annual 

Burden 

Hours

Annual 

Costs 

B 4 $30,000 $20,000 920 $118,960 

K 1 $0 $5,559 278 $26,207 

R 10 $0 $220,500 1,304 $317,184 

W 5 $0 $35,000 370 $65,820 

Totals 20 $30,000 $281,059 2,872 $528,171

Average annual burden per response: 2,872 hours/20 respondents = 144hours. For capital with a 

20 year life, and assuming 5% discount rate, the annualized cost is 8.02% of the capital cost.
Total Annualized capital/start up cost: $30,000 x 0.082 = $2,460 

Total Annualized Capital and O&M Costs: $2,460+ $281,000 = $283,460.

Total Costs: $283,460 (annualized capital and O&M) + $217,112 (labor) = $500,572

ESTIMATED AGENCY BURDEN AND COST

The burden to the EPA is only for reviewing the reports submitted by the regulated community

to ensure that emissions and dose are within the limits set by the regulations. The main burden is 

on the regulated community as they have to monitor emissions, compile the data, and submit the 

necessary reports for compliance purposes. The estimated agency burden and costs are as shown 

in the table below. Agency salaries were found in 2012 General Schedule Salary Table. The 

data for review of reports for compliance was based on the salary scale for GS-13, step 5 (Tech), 

with a multiplier of 1.6 to include overhead; this resulted in $62.27/hr. For the Clerical category, 

the salary scale for a GS-9, step 5 (Cler) was used with a multiplier of 1.6 to account for 

overhead; this resulted in $36.11/hr. 

SUMMARY OF BURDEN ESTIMATE FOR THE AGENCY

AGENCY Capital/Start-Up 

Burden Hours

Capital/Start-up 

Cost

Annual Burden 

Hrs per Report

Annual Costs 

per Report

Review reports for 

compliance 

verification (Tech)

10 $30,000 4@$62/hr $248

File reports (Cler) 4@ $36/hr $144

SUB-TOTAL 10 $30,000 40 $392

Total for 20 Respondents $7,840
EXPLANATION OF BURDEN ESTIMATE CHANGE

Some burden estimates decreased because the number of affected facilities has decreased 

due to a reduced interest in underground uranium mining. The number of sites under Subpart W 

has also decreased, as has the number of facilities under Subpart R. Some costs relative to 

monitoring phosphgypsum concentrations have risen due to increased costs of Radium-226 

sampling, yet only one facility may be subject to sampling since removal of phosphogypsum for 

alternate uses has decreased substantially. 

Burden Statement: The annual public reporting and record keeping burden for this 

collection of information is estimated to average 144 hours per response. Burden means the total 

time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose 

or provide information to or for a Federal agency. This includes the time needed to review 

instructions; develop, acquire, install, and utilize technology and systems for the purposes of 

collecting, validating, and verifying information, processing and maintaining information, and 

disclosing and providing information; adjust the existing ways to comply with any previously

applicable instructions and requirements; train personnel to be able to respond to a collection of 

information; search data sources; complete and review the collection of information; and 

transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a 

person is not required to respond to, a collection of information unless it displays a currently

valid OMB control number. The OMB control numbers for EPA's regulations 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 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 HQ-EPA-OAR-2003-0085, which is available for public viewing at the Office of 

Indoor Air and Radiation Docket 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 

Office of Indoor Air and Radiation Docket is (202) 566-1742. 

An electronic version of the public docket is available at www.regulations.gov. This site 

can be used to submit or view public comments, access the index listing of the contents of the 

public docket, and to access those documents in the public docket that are available 

electronically. When in the system, select “search,” then key in the Docket ID Number 

identified above. Also, you can send comments to the Office of Information and Regulatory

Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, 

Attention: Desk Officer for EPA. Please include the EPA Docket ID OAR-2003-0085 and OMB 

Control Number 2060-0191 in any correspondence.