**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 Hazard ous 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, onl y Part A
o f 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 2 6, 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 se veral 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/y r**2**

Subpart K

-- Elemental Phosphorous Plants

- 2 curies/ yr Subpart R

-- Phosphogy

psum Stacks

- 20 pCi/m 2

- s Subpart W

-- Uranium Mill Tailings

- 20 pCi/m 2

- s
Originall y 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 b y EPA. Due to petitions for reconsideration, EPA rescinded subpart T as it app lies to own ers and operators of uranium mill tailings disposal sites licensed by NRC or an affected Agreement State on July 15, 1994, 59 FR 36280. Subpart Ias it applies to NRC

licensed facilities was rescinded on December 30, 1996 (61 FR 68971) because in the 1990 Clean Air Act amendments, Congress directed EPA to stop regulating radionuclide emissions from NRC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 safet y. After careful review, EPA determined that public health would be protected with an ample margin of safet y b y NRC’s program. Subpart H does not require an IC R 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 non

DOE 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. In formation 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 th at a violation of these standards would be identified and, thus, there would be no corrective action initiated to bring the facilities back into**3**

compliance. Compliance is demonstrated through emission testing and/or dose calculation. All facilities are r equired to monitor and calculate emissions , and maintain their records for 5 ye ars. The rationale for the 5 ye ar record keeping requirement is from the Code of Federal Regulations (CFR), 40 CFR part 61, Section 61.95. In some cases, facility operators al so report their results to EPA. **2. NEED FOR AND USE OF THE COLLECTION**  (a) Need/Authorit y for the Collection In the context of the Clean Air Act (42 USC 1857), Section 114 authorizes the Administrator of EPA to require an y person who owns or operates an y em ission 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 meth ods

- 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**4**

remed y 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 b y this notice is not currentl y collected b y any other office within EPA or an y other governmental agency. (b) Public Notice Required Prior to I CR 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. Specificall y, there were no comments received from affected entities or the general public b y this deadline. (c) Consultations In developing the regulations, EPA gathered extensive background inform ation 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 facil ity 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 safet y. (d) Effects of Less Frequent Collection**5**

All reporting is annually

or less frequent than annually

. (e) General Guidelines This I CR meets OMB’s collection guideline s, 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 Phosphogy

psum Stacks

- 212392 Underground Uranium Mines

- 212291 Uranium Mill Tailings

- 212291 (b) Information Requested Descriptions of the reporting requirements are listed separatel y 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**6**

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 ye ar. Each r eport 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 dif ferent), (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 locati on, 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 c omputer model and the source of these data, (8) Each report shall be signed and dated b y a corporate officer in charge of the facility and contain the following declaration immediately above the signature line: "I certify under penalt y of law that Ihave personall y examined and am familiar with the information submitted herein and based on my inquiry of those individuals immediately**7**

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." Inorder 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 anal ys is including Method 115 source term calculations and COMPLY
R dose calculation, d. prepare and submit report. For recordke eping requirements, all facilities are required to calculate, monitor, and maintain their records for five y ears and upon request be made available for inspection by the Administrator, or his/her authorized representative. (See Table B) **Subpart K -**  **Elemen tal 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 ph osphorus plant shall furnish the Administrator with a written report on the results of the emission test within 60 day s 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**8**

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 sign ed and dated b y a corporate officer in charge of the facility and contain the following declaration immediately above the signature line: "I certify under penalt y of law that Ihave personall y 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 anal ys is including calculation of annual emission rate, d. prepare and submit the report to EPA. For recordkeeping requirements, all facilities are required to calculate, mo nitor, and maintain their records for five y ears and upon request be made available for inspection by the Administrator, or his/her authorized representative. (See Table K) **Subpart R -**  **Phosphogypsum Stacks** Sixty day s following the date at which a stack becomes an inactive stack the owners or operators of the inactive phosphogy psum 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 ope rator removes phosphogy psum from an inactive stack, the owner**9**

shall test the stack once a y ear for every y ear in which phosphogy psum is removed from the stack. EPA shall be notified at least 30 day s prior to an emission test so that EPA may , at its option, observe the test. Ninety day s 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) T he 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 di fferent), (4) A description of the control measures taken to decrease the radon flux from the source and an y 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 b y a corporate officer in charge of the facility and contain the following declaration immediately above the signature line: "I certify under penalt y of law that Ihave personall y 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 a re 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 phosphogy psum is removed shall determine annually

the average radium

- 226 concentration at the location in the stack from which the phosphogy

psum will be removed as provided by Section 61.207. Each distributor, retailer, or**10**

reseller who distributes phosphogy psum 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 phosphogy psum will be removed and distributed in commerce pursuant to Section 61.204, Section 61.205, or Section 61.206 shall prepare a certification document f or each quantity

of phosphogy

psum 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 phosphogy psum, (3) The quantit y (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 phosphogy psum to Section 61.207, and (6) The signature of the person who prepared the certification. Each distributor, retailer, or reseller who purchases or receives phosphogy psum for subsequent resale or transfer shall prepare a certification document for each quantity of phosphogy

psum which is resold or transferred which includes: (1) The name and address of the owner or operator, (2) The n ame and address of the purchaser or recipient of the phosphogy psum, (3) The quantit y (in pounds) of phosphogypsum sold or transferred, (4) The date of resale or transfer, (5) A description of the intended end use for the phosphogy psum, (6) A cop y of each certification document which accompanied the phosphogypsum at the time it was purchased or received b y the distributor, retailer, or reseller, and**11**

(7) The signature of the person who prepared the certification. Submission of certificati on 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 measur ement procedures in Section 61.207 (if required), d. perform data anal ys is 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 y ears and upon request be made available for inspection by the Administrator, or his/her authorized representative. (See Table R) **Subpart W -**  **Uranium Mill Ta ilings**  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 ye ar shall be sent to EPA by March 31 of the following ye ar. 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 b y a corporate officer in charge of the facility**12**

and contain the following declaration immediately above the signature line: "I certify under penalt y of law that Ihave personall y 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 requirem ents 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 anal ys is including Method 115 radon flux calculations, d. prepare and submit the report to EP A. For record keeping requirements, all facilities are required to calculate, monitor, and maintain their records for five y ears 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 result s of all measurements upon which they are based, the calculations and/or anal ytical 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 facilit y's**13**

compliance with the standard. These records must be kept at the mill or facility for at least five ye ars 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 In formation 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 mana gement 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 anal yt ical methods used to derive values for input param eters, 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 r ecords must be kept at the site of the facility for at least five y ears 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**14**

conducting site inspections or witnessing an emission test. (c) Small Entity

Flexibility None of the regulations covered b y this ICR are applicable to small entities. (d) Collection Schedule For some subparts, annual reports are required to provide y early certification of compliance with a health based standard; therefore, less frequent reporting was not considered an option to reduce burden because of the ye arl y 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 industry

specific occupational employ ment and wage estimat es are calculated with data collected from employ ers of all sizes, in metropolitan and non

- metropolitan areas in every State and the District of Columbia, in NAI CS 212200

- Mining (except Oil and Gas). These rates are increased by 120% in the cost estimat e 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 s ys tem operators, and chemical plant and s ys tem operators. Clerical (Cler) ($48.04/hr) was based on the T otal Compensation for the Office and Administrative Support Occupations in the mining sector in the**15**

BL S data. The tables representing each subpart are listed below with their reporting requirement information. (Note: Subpart R has 2 tables; Tab le 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 y ear when phosphogy

psum is removed from the stacks.) Table 2 is actually

a placeholde r because phosphogy psum is currentl y not being removed from an y stacks for distribution in commerce; however , since it is possible in the next three

- ye ar 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/ ye ar Labor

cost/y ear/ Respond. Total

Capital/ startup cost Total

O & M Cost Number of

Respon. Total

hours/ ye ar Tot al cost/

ye ar
**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 anal ys is (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 anal ys is 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 te sting for one mine.

- Capital/start

- up burden includes understanding regulatory provisions and installation of equipment (there was limited capital cost in this cycle since onl y one new mine needed to purchase capital equipment, (and subsequentl y 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/ ye ar Labor

cost/y ear Total

Capital/ startup cost Total

O & M Cost Number of

Respon. Total

hours/ ye ar Tot al cost/

ye ar
**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 anal ys is (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 anal ys is including calculation of annual emission rate, d. prepare and submit the report to EPA.

- Itis estimated that 1 facility will complete these reporting requirements.

- The estimate d cost for a contractor to complete testing is $5,559.**Information Collection Activity**  **Hours and Costs for Phosphogypsum Stack To**  **tal Hours and Costs /Activity**  Table R1 Subpart R

-- Phosphogy

psum Stacks Manager $128/hour Technical

$71/hour Clerical

$48/hou r Respond.

Hours/ ye ar Labor

cost/y ear/Respond. Total

Capital/ startup cost Total O & M Cost Number

of Respon. Total

hours/ ye ar Tot al cost/ ye ar
**Reporting** R ead 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 P erform 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 & R** **2 = $**  **105,000 + $**  **1 15**  **,000 = $**  **2 20**  **,000 I**  **nformation Collection Activity**  **Hours and Costs Per Respondent Total Hours and Costs**  **/Activity** Table R2 Subpart R

-- Phosphogy

psum Stacks Manager

$128/hour Technical

$71/hour Clerical

$48/hour Respond.

Hours/ ye ar Labor

cost/y ear/ Respond. Total

Capital/ startup cost Total

O & M Cost Number

of Respond. Total

hours/ ye ar Tot al cost/

ye ar
**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 proce
dures (Tech.) 48 48 $3,408 $105,000 1 48 $108,408 Prepare data anal ys is (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, 5 00 1 24 4 $127,824R
- Phosphogy psum 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 anal ys is including Method 115 radon flux or radium

- 226 concentration calculations,
e. prepare and submit the re port and certification document if required.

- Itis estimated that the testing materials for 300 flux measurements and the anal ys is is obtained from a contract source at a cost of $35/measurement.

- Itis estimated that it will take four day s for two pe ople to place, collect and ship 300 samples to a testing lab.

- Itis estimated that 10 stacks will be required to complete this one

- time report since they have active air permits.

- Itis estimated that 1 phosphogy psum stack will have to conduct radon flux testing every ye ar. Phosphogy

psum is not removed from an y 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 ye ars. 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 sample s from each area where phosphogy psum is being removed from the stack. Additional sampling is required where the concentrations approach 10 pCi/g Ra

- 226. Therefore, we conservativel y estimate that 100 samples per stack will benecessary

to document radium - 226 concentrations and that radium anal ys is will be at $100 per sample from a contract source. It is estimated that it will take two people three day s to collect prepare and ship the samples.**Information Collection Hours and Costs Per Respondent**  **Total Hours and Cost s**  **/Activity** Table W Subpart W

-- Uranium Mill Tailings Piles Manager $128/hour Technical

$71/hour Clerical

$48/hour Respond.

Hours/ ye ar Labor

cost/y ear/ Respond. Total

Capital/ startup cost Total

O & M Cost Number of

Respond. Total

hours/ ye ar Tot al cost/

ye ar
**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 anal ys is (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 anal ys is including Method 115 radon flux calculations, d. prepare and submit the report to EPA.

- Itis estimated that the testing materials for 200 measurements and the analy sis is obtained from a contract source at a cost of $35/measurement.

- Itis estimated that it will take one day for two people to place 100 canisters and one for two people t o collect the canisters and ship them to a testing lab.

- Itis 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

R espondents 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 1,3 0 4 $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 = 14 4 hours **.** For capital with a 20 y ear 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 AN**  **D 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 emissi ons, 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 4 0 $ 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 phosphgy

psum concentrati ons have risen due to increased costs of Radium

- 226 sampling , y et onl y one facility may be subject to sampling since removal of phosphogy psum for alternate uses has decreased substantially

. **Burden Statement** : The annual public reporting and recor d keeping burden for this collection of information is estimated to average 14 4 h ours per response. Burden means the total time, effort, or financial resources expended b y 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 s ys tems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and discl osing and providing information; adjust the existing way s to compl y 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 display s 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, includ ing the use of automated collection techniques, EPA has established a public docket for this I CR underDocket ID HQ

- EPA

- OAR

- 200 3

- 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 holiday s. 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 listin g of the contents of the public docket, and to access those documents in the public docket that are available electronically . When in the sy stem, 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.