SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

NESHAP for Phosphoric Acid Manufacturing and Phosphate Fertilizers Production (40 

CFR Part 63, Subparts AA and BB) (Renewal)

1. Identification of the Information Collection

1(a) Title of the Information Collection

NESHAP for Phosphoric Acid Manufacturing and Phosphate Fertilizers Production (40 CFR Part 

63, Subparts AA and BB) (Renewal), EPA ICR Number 1790.05, OMB Control Number 

2060-0361

1(b) Short Characterization/Abstract

The National Emission Standards for Hazardous Air Pollutants (NESHAP) for Phosphoric 

Acid Manufacturing and Phosphate Fertilizers Production were: proposed on December 27, 1996;

promulgated on June 10, 1999; and amended on June 12, 2002. These standards apply to owners,

or operators of existing phosphoric acid manufacturing and phosphate fertilizers production 

facilities. The rule applies to component processes at these facilities and to any new, modified, or 

reconstructed sources. Component processes include wet process phosphoric acid plants, 

superphosphoric acid plants, purified phosphoric acid plants, phosphate rock dryers, phosphate 

rock calciners, diammonium and monoammonium phosphate plants, and granular triple 

superphosphate (GTSP) plants. Since many of the facilities affected by the standards also are 

subject to new source performance standards (NSPS), the standards include an exemption from the 

NSPS for those sources. The exemption eliminates a duplication of information collection 

requirements.

Consistent with the General Provisions for National Emission Standards for Hazardous Air 

Pollutants (NESHAP) for Source Categories (40 CFR part 63, subpart A), respondents are major 

sources. Respondents are required to submit one-time notifications (where applicable) and a 

one-time report on performance test results and must notify the United States Environmental 

Protection Agency (EPA) if annual performance tests indicate a change in the baseline operating 

range of emission control equipment. Plants must develop and implement a startup, shutdown, and 

malfunction plan, and submit semiannual reports of any event in which the plan was not followed. 

Quarterly reporting is required when excess emissions occur. General requirements applicable to 

all NESHAP require records of applicability determinations, test results, exceedances, periods of 

startups, shutdowns, or malfunctions; monitoring records, and all other information needed to 

determine compliance with the applicable standard. Records and reports must be retained for a 

total of five years (two years at the site; the remaining three years of records may be retained 

off-site).

Respondents are required to install monitoring devices to measure the pressure drop and 

liquid flow rate for wet scrubbers. These operating parameters are permitted to vary within ranges 

determined concurrently with performance tests. Respondents must perform annual performance 

tests to verify, or reestablish operating ranges for purposes of determining exceedances.
2

The standards require sources to determine and record the amount of phosphatic feed 

material processed, or stored on a daily basis. This requirement allows verification of plant 

operating rates, which is one of the factors considered in establishing the operating ranges of 

control devices. This requirement poses no additional burden upon the industry. This is so 

because proper plant operation and industry practice include daily recording of phosphate-bearing 

feedstocks processed. This practice predates the regulations and would continue in their absence.

Even considering this daily recording requirement, it places no additional burden upon sources; 

thus, no estimate has been made for this requirement.

Based on our consultations with industry representatives during a previous renewal, there is 

an average of one affected facility at each plant site and that each plant site has only one respondent 

(i.e., the owner/operator of the plant site).

Approximately 12 sources currently are subject to the regulation, and it is estimated that no 

additional sources will become subject to the regulation in the next three years.

The active (previous) Information Collection Request (ICR) had the following Terms of 

Clearance (TOC): 

The cost of labor assumptions underlying the respondent and agency

burden cost calculations should be updated in the next renewal.

This ICR has been updated to include estimates of the respondent and agency burden costs 

based on the most recent rates for managerial, technical, and clerical labor. Labor rates for the 

respondents are from the United States Department of Labor, Bureau of Labor Statistics, 

September 2009, ”Table 2. Civilian Workers, by Occupational and Industry group.” Labor rates 

for the agency are from the Office of Personnel Management (OPM), 2010 General Schedule, 

which excludes locality rates of pay. 

The burden to the “Affected Public” may be found below in Table 1: Annual Respondent 

Burden and Cost - NESHAP for Phosphoric Acid Manufacturing and Phosphate Fertilizers 

Production (40CFR part 63, subparts AA and BB) (Renewal). The burden to the “Federal 

Government” is attributed entirely to work performed by Federal employees or government 

contractors; this burden may be found below in Table 2: Average Annual EPA Burden - NESHAP 

for Phosphoric Acid Manufacturing and Phosphate Fertilizers Production (40CFR part 63, 

subparts AA and BB) (Renewal).

2. Need for and Use of the Collection

2(a) Need/Authority for the Collection

The EPA is charged under section 112 of the Clean Air Act, as amended, to establish 

standards of performance for each category, or subcategory of major sources and area sources of 

hazardous air pollutants. These standards are applicable to new or existing sources of hazardous 

air pollutants and will require the maximum degree of emission reduction. In addition, section 

114(a) states that the Administrator may require any owner, or operator subject to any requirement 
3

of this Act to:

(A) Establish and maintain such records; (B) make such reports; 

(C) install, use, and maintain such monitoring equipment, and use 

such audit procedures, or methods; (D) sample such emissions (in 

accordance with such procedures or methods, at such locations, at 

such intervals, during such periods, and in such manner as the 

Administrator shall prescribe); (E) keep records on control 

equipment parameters, production variables, or other indirect data 

when direct monitoring of emissions is impractical; (F) submit 

compliance certifications in accordance with Section 114(a)(3); 

and (G) provide such other information as the Administrator may

reasonably require.

In the Administrator's judgment, hazardous air pollutants (HAPs) emissions from 

phosphoric acid manufacturing and phosphate fertilizers plants cause or contribute to air pollution 

that may reasonably be anticipated to endanger public health or welfare. Therefore, the NESHAP 

was promulgated for this source category at 40 CFR part 63, subparts AA and BB.

2(b) Practical Utility/Users of the Data

The control of emissions of HAP from phosphoric acid manufacturing and phosphate 

fertilizers plants requires the installation of properly designed equipment and the operation and 

maintenance of that equipment. Emissions of HAP from phosphoric acid manufacturing and 

phosphate fertilizers plants are the result of operation of the affected facilities. The subject 

standards are achieved by the reduction of HAP emissions using control technology and/or leak 

detection and repair procedures. The notifications required in the applicable regulations are used 

to inform the Agency, or delegated authority when a source becomes subject to the requirements of 

the regulations. The reviewing authority may then inspect the source to ensure that the pollution 

control devices are properly installed and operated, that leaks are being detected and repaired, and 

that the regulations are being met.

Performance test reports are needed as these are the Agency records of a source's initial 

capability to comply with the emission standards, and serve as a record of the operating conditions 

under which compliance was achieved. The semiannual reports are used for problem identification, 

as a check on source operation and maintenance, and for compliance determinations. The 

information generated by the monitoring, recordkeeping and reporting requirements described in 

this ICR is used by the Agency to ensure that facilities affected by the NESHAP continue to operate 

the control equipment in compliance with the regulation. Adequate monitoring, recordkeeping, 

and reporting are necessary to ensure compliance with the applicable regulations, as required by

the Clean Air Act. The information collected from recordkeeping and reporting requirements also 

is used for targeting inspections, and is of sufficient quality to be used as evidence in court.

3. Non-duplication, Consultations, and Other Collection Criteria

The requested recordkeeping and reporting are required under (40 CFR part 63, subparts 

AA and BB).
4

3(a) Non-duplication

If the subject standards have not been delegated, the information is sent directly to the 

appropriate EPA regional office. Otherwise, the information is sent directly to the delegated state,

or local agency. If a state, or local agency has adopted its own similar standards to implement the 

Federal standards, a copy of the report submitted to the state, or local agency can be sent to the 

Administrator in lieu of the report required by the Federal standards. Therefore, no duplication 

exists.

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

An announcement of a public comment period for the renewal of this ICR was published in 

the Federal Register 74 FR 38004 on July 30, 2009. No comments were received on the burden 

published in the Federal Register.

3(c) Consultations

Several consultations were conducted during a previous renewal of this ICR. First, the 

most recent ICR and the preparer of the active ICR were referenced. Then, the most recent data 

available on the Air Facility System (AFS) database as maintained by the Office of Compliance

were accessed. Information available from the Office of Compliance Sector Notebook’s ”Profile 

of the Agricultural Chemical, Pesticide, and Fertilizer Industry,” the United States Census Bureau 

via the Internet, and other websites covering off-site waste and recovery operations were also 

reviewed. In additionally, the following people were consulted: EPA’s Office of Air Quality

Planning and Standards, Information Transfer and Program Integration Division; The Fertilizer 

Institute (TFI), Mr. William Herz, (202) 544-8123; the Florida Department of Environmental 

Protection (FDAP), Ms. Cindy Phillips, (805) 921-9534; and the PCS Phosphate Company

Incorporated, Mr. William Schimming, (847) 849-4302.

3(d) Effects of Less Frequent Collection

Less frequent information collection would decrease the margin of assurance that facilities 

are continuing to meet the standards. Requirements for information gathering and recordkeeping 

are useful techniques to ensure that good operation and maintenance practices are applied and 

emission limitations are met. If the information required by these standards was collected less 

frequently, the likelihood of detecting poor operation and maintenance of control equipment and 

noncompliance would decrease.

3(e) General Guidelines

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

established by OMB at 5 CFR part 1320, section 1320.5.

These standards require affected facilities to maintain all records, including reports and 

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

standards. EPA believes that the five-year records retention requirement is consistent with Part 70 

permit programs and the five-year statute of limitations on which the permit program is based. 
5

Also, the retention of records for five years would allow EPA to establish the compliance history of 

a source and any pattern of compliance for purposes of determining the appropriate level of 

enforcement action. Historically, EPA has found that the most flagrant violators frequently have 

violations extending beyond the five years. EPA would be prevented from pursuing the worst 

violators due to the destruction or nonexistence of records if records were retained for less than five 

years.

3(f) Confidentiality

Any information submitted to the Agency for which a claim of confidentiality is made will 

be safeguarded according to the Agency policies set forth in title 40, chapter 1, part 2, subpart B -

Confidentiality of Business Information (CBI) (see 40 CFR 2; 41 FR 36902, September 1, 1976; 

amended by 43 FR 40000, September 8, 1978; 43 FR 42251, September 20, 1978; 44 FR 17674, 

March 23, 1979).

3(g) Sensitive Questions

None of the reporting, or recordkeeping requirements contains sensitive questions.

4. The Respondents and the Information Requested

4(a) Respondents/SIC Codes

The respondents to the recordkeeping and reporting requirements are phosphoric acid 

manufacturing and phosphate fertilizers production facilities. The United States Standard 

Industrial Classification (SIC) code for the respondents affected by the standards is SIC 2874 

which corresponds to the North American Industry Classification System (NAICS) 325312 for 

phosphoric acid manufacturing and phosphate fertilizers production facilities.

4(b) Information Requested

None of these reporting, or recordkeeping requirements violates any of the regulations 

established by OMB at 5 CFR part 1320, section 1320.5.

(i) Data Items

All data in this ICR that are recorded and/or reported are required by the National Emission 

Standards for Hazardous Air Pollutants for Phosphoric Acid Manufacturing and Phosphate 

Fertilizers Production (40 CFR part 63, subparts AA and BB).

A source must make the following reports:

Notifications Standard Citation by 

Sections

Notification and application of construction/reconstruction 63.5(d) 

Notification of initial startup 63.09(b), 63.607, and 63.627
6

Notifications Standard Citation by 

Sections

Notification of initial performance test 63.7(b), 63.9(e), 63.607, and 

63.627

Extension of compliance 63.607, 63.627, and 63.9(c)

Special compliance requirements 63.607, 63.627, and 63.9(d)

Waiver of performance testing 63.607, 63.627, and 63.7(h)

Notification of compliance status 63.607, 63.627, and 63.9(h)

Reports for 40 CFR part 63, subparts AA and BB

Initial performance test report 63.607(a)(1), 63.627(a)(1), 

and 63.10(d)

Semiannual report 63.10(e) and 63.607(c)(2)

Quarterly report 63.10(e) and 63.607(c)(2)

Annual report 63.10(e) and 63.607(c)(1)

A source must keep the following records:

Recordkeeping for 40 CFR part 63, subpart AA and BB

Performance test report 63.607(b)(1), 63.627(b)(1), 

and 63.10(b)

Excess emissions report. 63.607(b)(2), 63.627(b)(2), 

and 63.10(b)

Summary report 63.607(b)(3), 63.627(b)(3), 

and 63.10(b)

Reports and notifications 63.10(b)

Records retained for 5 years 63.10(b)(1)

Electronic Reporting

Presently, sources are using monitoring equipment that provides parameter data in an 

automated way, e.g., leaks and spills of phosphoric acid. Although personnel at the source still 

need to evaluate the data, this type of monitoring equipment has significantly reduced the burden 

associated with monitoring and recordkeeping. In addition, some regulatory agencies are setting 

up electronic reporting systems to allow sources to report electronically, so as to reduce the 

reporting burden. However, electronic reporting systems are still not widely used by the regulatory

agencies. It is estimated that approximately 20 percent of the respondents use electronic reporting.

(ii) Respondent Activities
7

Respondent Activities

Read instructions.

Install, calibrate, maintain, and operate devices for HAPs.

Perform initial performance test, Reference Methods 5 and 13 test, and repeat performance tests 

if necessary.

Write the notifications and reports listed above.

Enter information required to be recorded above.

Submit the required reports developing, acquiring, installing, and utilizing technology and 

systems for the purpose of collecting, validating, and verifying information.

Develop, acquire, install, and utilize technology and systems for the purpose of processing and 

maintaining information.

Develop, acquire, install, and utilize technology and systems for the purpose of disclosing and 

providing information.

Adjust the existing ways to comply with any previously applicable instructions and 

requirements.

Train personnel to be able to respond to a collection of information.

Transmit, or otherwise disclose the information.

Currently, sources are using automated monitoring equipment that provides parameter data. 

Although personnel at the source still need to evaluate the data, this type of monitoring equipment 

has significantly reduced the burden associated with monitoring and recordkeeping.

5. The Information Collected: Agency Activities, Collection Methodology, and Information 

Management

5(a) Agency Activities

EPA conducts the following activities in connection with the acquisition, analysis, storage, 

and distribution of the required information.

Agency Activities

Observe initial performance tests and repeat performance tests if necessary.

Review notifications and reports, including performance test reports, and excess emissions 

reports, required to be submitted by industry.

Audit facility records.

Input, analyze, and maintain data in the Air Facility System (AFS).

5(b) Collection Methodology and Management

Following notification of startup, the reviewing authority might inspect the source to 

determine whether the pollution control devices are properly installed and operational. 

Performance test reports are used by the Agency to discern a source’s initial capability to comply
8

with the emission standard, and note the operating conditions under which compliance was 

achieved. Data and records maintained by the respondents are tabulated and published for 

use in compliance and enforcement programs. The semiannual reports are used for problem 

identification, as a check on source operation and maintenance, and for compliance 

determinations.

Information contained in the reports is entered into the AFS which is operated and 

maintained by the EPA Office of Compliance. AFS is the EPA database for the collection, 

maintenance, and retrieval of compliance and annual emission inventory data for more than 

100,000 industrial and government-owned facilities. EPA uses the AFS for tracking air pollution 

compliance and enforcement by local and state regulatory agencies, EPA regional offices and EPA 

headquarters. EPA and its delegated Authorities can edit, store, retrieve and analyze the data.

The records required by this regulation must be retained by the owner, or operator for five 

years.

5(c) Small Entity Flexibility

The exact number of small entities affected by this rule could not be determined based on a 

review of available documents related to the rule, including the full text of the Final Rule (60 FR

62930). According to both the Final Rule and the Wood Manufacturing Operations NESHAP 

Implementation Document (EPA-456/R-97-005, updated March 2004), additional mechanisms for 

exempting smaller sources from the standards were put in place. The Implementation Document 

states: “In order to lessen the burden on ... small sources ... the EPA included material usage and 

emission limits in the NESHAP. Facilities below these limits are designated by rule as area 

sources and are therefore not subject to the NESHAP.” 

A majority of the affected facilities are large entities (e.g., large businesses). However, 

the impact on small entities (i.e., small businesses) was taken into consideration during the 

development of the regulation. Due to technical considerations involving the process operations 

and the types of control equipment employed, the recordkeeping and reporting requirements are 

the same for both small and large entities. The Agency considers these requirements the minimum 

needed to ensure compliance and, therefore, cannot reduce them further for small entities. To the 

extent that larger businesses can use economies of scale to reduce their burden, the overall burden 

will be reduced.

5(d) Collection Schedule

The specific frequency for each information collection activity within this request is shown 

below in Table 1: Annual Respondent Burden and Cost - NESHAP for Phosphoric Acid 

Manufacturing and Phosphate Fertilizers Production (40 CFR part 63, subparts AA and BB)

(Renewal).

6. Estimating the Burden and Cost of the Collection

Table 1 documents the computation of individual burdens for the recordkeeping and 

reporting requirements applicable to the industry for each of the subparts included in this ICR. 
9

The individual burdens are expressed under standardized headings believed to be consistent with 

the concept of burden under the Paperwork Reduction Act. Wherever appropriate, specific tasks 

and major assumptions have been identified. Responses to this information collection are 

mandatory.

The Agency may not conduct, or sponsor, and a person is not required to respond to, a 

collection of information unless it displays a currently valid OMB Control Number.

6(a) Estimating Respondent Burden

The average annual burden to industry over the next three years from these recordkeeping 

and reporting requirements is estimated to be 1,534 (Total Annual Burden from Table 1). These 

hours are based on Agency studies and background documents from the development of the 

regulation, Agency knowledge and experience with the NESHAP program, the previously

approved ICR, and any comments received.

6(b) Estimating Respondent Costs

(i) Estimating Labor Costs

This ICR uses the following labor rates: 

Managerial $114.77 ($54.65 + 110%)

Technical $97.59 ($46.47 + 110%)

Clerical $48.26 ($22.98 + 110%)

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

2009, ”Table 2. Civilian Workers, by Occupational and Industry group.” The rates are from 

column 1, ”Total compensation.” The rates have been increased by 110 percent to account for the 

benefit packages available to those employed by private industry.

(ii) Estimating Capital/Startup and Operation and Maintenance Costs

The types of industry cost associated with the information collection activity in the 

standards are labor and continuous emission monitoring systems (CEMs). The capital/startup 

costs are one- time costs when a facility becomes subject to the regulation. The annual operation 

and maintenance costs are the ongoing costs to maintain the monitors and other costs, such as 

photocopying and postage.

(iii) Capital/Startup vs. Operation and Maintenance (O&M) Costs

Capital/Startup vs. Operation and Maintenance (O&M) Costs

(A)

Continuous 

Monitoring 

Device

(B)

Capital/Startup 

Cost for One 

Respondent

(C)

Number of 

New

Respondents

(D)

Total Capital/ 

Startup Cost,

(B X C)

(E)

Annual O&M 

Costs for One 

Respondent

(F)

Number of 

Respondents 

with O&M

(G)

Total 

O&M,

(E X F)
10

Capital/Startup vs. Operation and Maintenance (O&M) Costs

(A)

Continuous 

Monitoring 

Device

(B)

Capital/Startup 

Cost for One 

Respondent

(C)

Number of 

New

Respondents

(D)

Total Capital/ 

Startup Cost,

(B X C)

(E)

Annual O&M 

Costs for One 

Respondent

(F)

Number of 

Respondents 

with O&M

(G)

Total 

O&M,

(E X F)

Temperature 

monitoring device $2,700 0 0 $886 12 $10,632 

The total capital/startup costs for this ICR are zero. The cost of the temperature monitoring 

device would likely be written off the first year, so no amortization of the cost is indicated. This is 

the total of column D in the above table.

The total operation and maintenance (O&M) costs for this ICR are $10,632. This is the 

total of column G.

6(c) Estimating Agency Burden and Cost

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

information. The EPA overall compliance and enforcement program includes activities such as the 

examination of records maintained by the respondents, periodic inspection of sources of emissions, 

and the publication and distribution of collected information.

The average annual Agency cost during the three years of the ICR is estimated to be 

$47,129. 

This cost is based on the average hourly labor rate as follows:

Managerial $61.36 (GS-13, Step 5, $38.35 + 60%) 

Technical $45.52 (GS-12, Step 1, $28.45 + 60%)

Clerical $24.64 (GS-6, Step 3, $15.40 + 60%)

These rates are from the Office of Personnel Management (OPM), 2009 General Schedule, which 

excludes locality rates of pay. The rates have been increased by 60 percent to account for the 

benefit packages available to government employees. Details upon which this estimate is based 

appear below in Table 2: Average Annual EPA Burden - NESHAP for Phosphoric Acid 

Manufacturing and Phosphate Fertilizers Production (40 CFR part 63, subparts AA and BB)

(Renewal).

6(d) Estimating the Respondent Universe and Total Burden and Costs

Based on our research for this ICR, approximately 12 existing sources currently are subject 

to the standard. It is estimated that no additional sources per year will become subject to the 

regulation in the next three years.

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

three years covered by this ICR.
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Number of Respondents

Respondents That Submit Reports Respondents That Do 

Not Submit Any Reports

Year

(A)

Number of 

New

Respondents

(B)

Number of 

Existing 

Respondents

(C)

Number of Existing

Respondents That Keep 

Records but Do Not 

Submit Reports

(D)

Number of Existing 

Respondents That 

Are Also New 

Respondents

(E)

Number of 

Respondents

(E=A+B+C-D)

1 0 12 0 0 12

2 0 12 0 0 12

3 0 12 0 0 12

Average 0 12 0 0 12

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

Number of Respondents over the three-year period of this ICR is 12.

The number of responses per year is calculated using the following table:

Total Annual Responses

(A)

Average Number 

of New

Respondents per 

Year

(B)

Number of 

Reports for 

New

Sources

(C)

Number of 

Existing 

Respondents

(D)

Number of 

Reports for 

Existing 

Sources

(F)

Number of 

Respondents That 

Keep Records but 

Do Not Submit 

Reports

(E)

Total Annual

Responses 

E=(AxB)+(CxD)+F

0 0 12 7 0 84

The number of Total Annual Responses is 84.

The total annual labor costs are $144,297. Details regarding these estimates may be found 

below in Table 1: Annual Respondent Burden and Cost - NESHAP for Phosphoric Acid 

Manufacturing and Phosphate Fertilizers Production (40 CFR part 63, subparts AA and BB)

(Renewal).

Note that the total annual capital and O&M cost to the regulated entity is $10,632. These 

costs are detailed in Section 6(b)(iii), Capital/Startup vs. Operation and Maintenance (O&M) 

Costs.

The average annual Agency burden and cost over next three years is estimated to be 1,062 

labor hours at a cost of $47,129. See below Table 2 Average Annual EPA Burden and Cost -

NESHAP for Phosphoric Acid Manufacturing and Phosphate Fertilizers Production (40 CFR part 

63, subparts AA and BB) (Renewal).

6(e) Bottom Line Burden Hours Burden Hours and Cost Tables

The bottom line burden hours and cost tables for both the Agency and the respondents are 

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

are estimated to average 18 hours per response.
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6(f) Reasons for Change in Burden

There is no change in the calculation methodology for labor hours in this ICR compared to 

the previous ICR. This is due to two considerations: 1) the regulations have not changed over the 

past three years and are not anticipated to change over the next three years; and 2) the growth rate 

for the respondents is very low, negative or non-existent. However, due to a mathematical 

correction, there is a decrease of eight hours in respondent labor hours.

This ICR has been updated with the most recent available labor rates for each of the three 

labor categories. There is an increase in both respondent and Agency costs resulting from labor 

rate increases from 2003 to 2009. This ICR uses 2009 labor rates because burden and cost 

calculations in Tables 1 and 2 of this ICR were expanded to include managerial and clerical labor 

rates, and the previous ICR only provided a technical labor rate. The cost figure has also been 

updated to the nearest dollar, whereas the previous ICR rounded the figure to the nearest thousand 

dollar.

6(g) Burden Statement

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

estimated to average 18 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 valid OMB Control Number. The OMB Control 

Numbers for EPA regulations are listed at 40 CFR part 9 and 48 CFR chapter 15.

To comment on the Agency's need for this information, the accuracy of the provided 

burden estimates, and any suggested methods for minimizing respondent burden, including the use 

of automated collection techniques, EPA has established a public docket for this ICR under Docket 

ID Number EPA-HQ-OECA-2009-0535. An electronic version of the public docket is available at 

http://www.regulations.gov/ which may be used to obtain a copy of the draft collection of 

information, submit or view public comments, access the index listing of the contents of the 

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

When in the system, select “search,” then key in the docket ID number identified in this document. 

The documents are also available for public viewing at the Enforcement and Compliance Docket 

and Information Center in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 

Constitution Avenue, N.W., Washington, 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 Reading Room is (202) 566-1744, and the telephone number for the

docket center is (202) 566-1752. Also, you can send comments to the Office of Information and 
13

Regulatory Affairs, Office of Management and Budget, 725 17th Street, N.W., Washington, D.C.

20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number 

EPA-HQ-OECA-2009-0535 and OMB Control Number 2060-0361 in any correspondence. 

Part B of the Supporting Statement

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

information.
14

TABLE 1: Annual Respondent Burden and Cost - NESHAP for Phosphoric Acid Manufacturing and Phosphate Fertilizers 

Production (40 CFR part 63, subparts AA and BB) (Renewal)

Burden item

(A) (B) (C) (D) (E) (F) (G) (H)

Hours per 

Occurrence

Occurrences/ 

respondent/ 

per year

Hours/ 

Respondent/ 

year

(C = AxB)

Respondents 

per year

Managerial 

Hours/Yeara

Technical 

Hours/Yeara

Clerical 

Hours/Yeara

Cost/year

($)

1. Applications N/A

2. Survey and Studies N/A

3. Acquisition, Installation, and Utilization of 

Technology and Systems N/A

4. Reporting Requirements

 A. Read instructions 4 1 4 0 0 0 0 $0

 B. Required activities

 Initial performance test 28 1 28 0 0 0 0 $0

 Repeat of initial performance test 28 0.1 2.8 0 0 0 0 $0

 Startup, shutdown, malfunction plan 40 1 40 0 0 0 0 $0

 Annual performance test 28 1 28 12 b14.6 292.2 29.2 $31,600

 Repeat annual performance test 28 0.2 5.6 0.84 c0.2 4.1 0.4 $442

 C. Create information See 4B

 D. Gather existing information See 4B

 E. Write report j

 Notification of applicability N/A

 Notification of construction./reconstruction 2 1 2 0 0 0 0 $0

 Notification of actual startup N/A

 Notification of compliance requirements N/A

 Notification of performance test 2 1 2 0 0 0 0 $0

 Notification of compliance status 4 1 4 0 0 0 0 $0

 Report of performance test See 4B

 Report of monitoring exceedances 16 4 64 1.2 d3.3 66.8 6.7 $7,223
15

 Report of no excess emissions 8 2 16 10.8 e7.5 150.3 15.0 $16,251

 Startup/ shutdown/ malfunction report 8 1 8 1

f

0.3 7.0 0.7 $752

Subtotal for Reporting 598 $56,269

5. Recordkeeping Requirements

 A. Read instructions 4 1 4 0 0 0 0 $0

 B. Plan activities See 5E

 C. Implement activities See 5E

 D. Develop record system See 5E

 E. Time to enter information

 Records of operating parameters 1.5 g52 h78 12 b40.7 813.9 81.4 $88,028

 F. Time to train personnel i N/A

 G. Time to comply with applicable 

requirements

See 4B

 H. Time for audits N/A

Subtotal for Recordkeeping 936 $88,028

TOTAL ANNUAL BURDEN (rounded) 1,534 $144,297

Assumptions:

a

 This ICR assumes that managerial hours are 5 percent of technical hours, and clerical hours are 10 percent of technical hours. This ICR uses a labor rate of $114.77 for 

managerial hours, $97.59 for technical hours, and $48.26 for clerical hours.

b

 We have assumed that the average of respondents that will be subject to the rule will be twelve. There will be no additional new sources per year that will become subject 

to the rule over the three-year period of this ICR.

c

 We have assumed that 7 percent of respondents will fail the initial performance test and must repeat it.

d

 We have assumed that 10 percent of respondents will report exceedances. Respondents are required to report quarterly.

e

 We have assumed that 90 percent of existing respondents report no excess emissions semiannually.

f We have assumed that 1 of 12 sources will have to submit a startup, shutdown, or malfunction report.

g

 We have assumed that it will take 1.5 hours per respondent to enter information.

h

 We have assumed that information is entered one-time per week for 52 weeks per year.

i

 There are no hours for training personnel since no training is required by the rule and hours have been allotted under 5A for reading and understanding the 

recordkeeping/reporting requirements.
16

TABLE 2: AVERAGE Annual EPA Burden - NESHAP for Phosphoric Acid Manufacturing Plants and Phosphate Fertilizers 

Production (40 CFR part 63, subparts AA and BB) (Renewal)

Burden Item

(A) (B) (C) (D) (E) (F) (G) (H)

EPA hrs/ 

Occurrence

Occurrences 

/plant / year

EPA 

person/ 

hour per 

plant 

per year

(C=AxB)

Plants 

per year

Managerial 

person 

/hours per 

year

Technical 

person 

/hours 

per year

Clerical person 

/hours per year

EPA Cost 

/year a

Initial performance test 40 1 40 0 0.0 0.0 0.0 $0

Repeat initial performance test

 Retesting preparation 8 1 8 0 0.0 0.0 0.0 $0

 Retesting 40 1 40 0 0.0 0.0 0.0 $0

Excess Emissions Enforcement 

Activities

N/A

Report Review

 Notification of applicability 2 1 2 0 0.0 0.0 0.0 $0

 Notification of 

construction./reconstruction

N/A

 Notification of anticipated startup N/A

 Notification of actual startup N/A

 Notification of special 

compliance requirements

N/A

 Notification of initial 

performance test

2 1 2 0 0.0 0.0 0.0 $0

 Notification of compliance status 2 1 2 0 0.0 0.0 0.0 $0

 Annual performance test 40 1 40 12 20.9 417.4 41.7 $21,309

 Repeat annual performance test 40 1 40 0.84 1.5 29.2 2.9 $1,492

 Excess emissions report 20 4 80 1.2 4.2 83.5 8.3 $4,262

 No excess emissions report 20 2 40 10.8 18.8 375.7 37.6 $19,178

 Waiver application N/A 0.0 0.0 0.0 $0
17

 Startup, shutdown, malfunction 

report

20 1 20 1 0.9 17.4 1.7 $888

TOTAL ANNUAL EPA BURDEN 1,062 $47,129

Assumptions:

a

 The cost is based on rates from the Office of Personnel Management (OPM) ”2010 General Schedule“ which excludes locality rates of pay.

b

 We have assumed that the average of respondents that will be subject to the rule will be 12. There will be no additional new sources per year that will become subject 

to the rule over the three-year period of this ICR.

c

 We have assumed that 7 percent of respondents will fail the initial performance test and must repeat it.

d

 We have assumed that 10 percent of respondent will report exceedances. Respondents are required to report quarterly.

e

 We have assumed that 90 percent of existing respondents report no excess emissions semiannually.

f

 We have assumed that 1 of 12 sources will have to submit startup, shutdown, or malfunction report.