**SUPPORTING STATEMENT ENVIRONMENTAL PROTECTION AGENCY**  **NESHAP for Municipal Solid Waste Landfills (40 CFR Part 63, Subpart AAAA) (Renewal) 1. Identification of the Information Collection**  **1(a) Title of the Information Collection** NESHAP for Municipal Solid Waste Landfills (40 CFR P art 63, S ubpart AAAA) (Renewal) , EPA I CR Number 1938.05, OMB Control Number 2060

- 0505 **1(b) Short Characterization/Abstract** The National Emission Standards for Hazardous Air Pollutants (NESHAP) for Municipal Solid Waste (MSW) L andfills were proposed on November 7, 2000 , and promulgated on January 16 , 2003 . These regulations apply to existing and new MSW landfills that: 1) have a design capacity of 2.5 million megagrams (m g) and 2.5 million cubic met ers (m 3 ), and 2) emit equal to or greater than 50 tons per year of non

- methane organic compounds (NMOC) or operate as bioreactors. New facilities include those that commenced construction or reconstruction after the date of proposal. This information is being collected to assure compliance with 40 CFR part 63, subpart AAAA

. In general, all NESHAP standards require initial notifications, performance tests, and periodic reports by

the owner s/operators of the affected facilities. They are also required to maintain records of the occurrence and duration of an y startup, shutdown, or malfunction in the operation of an affected facility, or an y period during which the monitoring s ys tem is in operative. These notifications, reports, and records are essential in determining compliance, and are required of all affected facilities subject to NESHAP

. Any owner/operator subject to the provisions of this part shall maintain a file of these measur ements, and retain the file for at least five years following the date of such measurements, maintenance reports, and records. All reports are sent to the delegated state or local authority

. In the event that there is no such delegated authority , the reports are sent directl y to the U

. S

. Environmental Protection Agency (EPA) regional office. Based on our consultations with industry representatives, there is an average of one affected facilities at each plant site and that each plant site has only one respondent (i.e., the owner/operator of the plant site). Over the next three ye ars, an average of 1,124 respondents per ye ar will be subject to the standard , and one additional respondent per year will become subject to the standard

. The Office of Management and Budget (OMB) approved the currentl y active I CR with the following terms of clearance:2 This request is approved. The Agency should reassess estimates of burden prior to resubmission of this information collection for renewal, taking into account rece nt experience with the program. EPA addressed each item of concern in the TOC; industry consultations and updated labor rates were utilized to reassess the burden and cost associated with the ICR. All MSW landfill facilities in the United States are owned and operated b y the MSW landfill industry (the “Affected Public”). The burden to the “Affected Public” is listed below in Table 1: Annual Respondent Burden and Cost

– NESHAP for Municipal Solid Waste Landfills (40 CFR Part 63, Subpart AAAA ) (Renewal). T he burden to the “Federal Government” burden is attributed entirely

to work performed by

federal employees or government contractor s . The burden to the “Federal Gover nment” is listed below in Table 2: Average Annual EPA Burden and Cost

– NESHAP for Municipal Solid Waste Landfills (40 CFR Part 63, Subpart AAAA ) (Renewal).
**2. Need for and Use of the Collection 2(a) Need/Authority for the Collection**  The EPA is charg ed under Section 112 of the Clean Air Act, as amended, to establish standards of performance for each category or subcategory

of major sources and area sources of hazardous air pollutants. These standards are applicable to new or existing sources of hazardous air pollutants and shall require the maximum degree of emission reduction. Inaddition, section 114(a) states that the Administrator may require any

owner/operator subject to any requirement of this Act to: (A) Establish and maintain such records; (B) make such reports;

(C) install, use, and maintain such monitoring equipment, and use such audit procedures, or methods; (D) sample such emissions (in accordance with such procedures or methods, at such locations, at such intervals, during such periods, and in such manner as the Administrator shall prescribe); (E) keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical; (F) submit compliance certifications in accordance with Section 114(a)(3); and (G) provide such other information as the Administrator may reasonabl y require. In the Administrator's judgment, hazardous air pollutant emissions from MSW landfills cause or contribute to air pollution that may reasonably

be anticipated to endanger either public health or welfare. Therefore, the NESHAP were promulgated for this source category at 40 CFR3

part 63, subpart AAAA

. **2(b) Practical Utility/Users of the Data** The recordkeeping and reporting requirements in the standa rd ensure compliance with the applicable regulations which where promulgated in accordance with the Clean Air Act. The collected information is also used for targeting inspections and as evidence in legal proceedings. Performance tests are required i n order to determine an affected facility ’ s initial capability to comply

with the emission standard. Continuous emission monitors are used to ensure compliance with the standard at all times. During the performance test a record of the operating parameters under which compliance was achieved may be recorded and used to determine compliance in place of a continuous emission monitor. The notifications required in the standard are used to inform the Agency or delegated authority when a source becomes subject to the requirements of the regulations. The reviewing authority may then inspect the source to check if the pollution control dev ices are properl y installed and operated , leaks are being detected and repaired , and the standard are being met. The performance test may also be observed. The required semiannual reports are used to determine periods of excess emissions, identify probl ems at the facility , verify operation/maintenance procedures and for compliance determinations. **3. Non**
**- duplication, Consultations, and Other Collection Criteria**  The requested recordkeeping and reporting are required under 40 CFR 63, subpart AAAA

. **3(a) Non** 
**- duplication**  If the subject standards have not been delegated, the information is sent directl y to the appropriate EPA regional office. Otherwise, the information is sent directl y 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 cop y 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 No tice Required Prior to ICR Submission to OMB**  An announcement of a public comment period for the renewal of this I CR was published in the Federal Register ( 76 FR 26900 ) on May 9, 2011

. No comments were received on the burden published in the Federal Regis ter

.4

**3(c) Consultations** The Agency

has consulted i ndustry

experts and internal data sources to project the number of affected facilities and industry growth over the next three years. The primary source of information as reported by industry , in compliance with the recordkeeping and reporting provisions in the standard, is the Online Tracking Information Sy stem (OTIS ) , which is operated and maintained b y EPA's Office of Compliance. OTI S is EPA ’ s database for the collection, maintenance, and retrieval of all compliance data. The growth rate for the industry is based on our consultations with the Agency ’s internal industry experts. Approximately 1,124 respondents will be subject to th e standard over the three ye ar period covered by this I CR.
Industry trade associations and other interested parties were provided an opportunity to comment on the burden associated with the standard as it was being developed

. In developing this I CR, we c ontacted : 1) the Waste Business Journal , at ( 619 ) 793

- 5190 ; and 2) the Solid Waste Association of North America ( SWANA ) , at ( 240 ) 4 94

- 2241

. It is our policy

to respond after a thorough review of comments received since the last ICR renewal as well as thos e submitted in response to the f irst Federal Register n otice. **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 frequentl y, the proper operation and maintenance of control equipment and the possibility

of detecting violations would be less likely

. **3(e) General Guidelines**
T hese reporting or recordkeeping requirements do not violate any of the regulations promulgated b y OMB under 5 CFR part 1320, section 1320.5. These standards require the respondents to maintain all records, including rep orts and notifications for at least five years. This is consistent with the General Provisions as applied to the standards. EPA believes that the five

- ye ar records retention requirement is consistent the Part 70 permit program and the five

- ye ar statute o f limitations on which the permit program is based. T he retention of records for five ye ars allow s EPA to establish the compliance history of a source , an y pattern of non - compliance and to determine the appropriate level of enforcement action. EPA has fo und that the most flagrant violators have violations extending beyond five ye ars. In addition, EPA would be prevented from pursuing the violators due to the destruction or nonexistence of essential records

.5

**3(f) Confidentiality** Any information submitt ed 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**
T he reporting or recordkeeping requirements in the standard do not include sensitive questions. **4. The Respondents and the Information Requested**  **4(a) Respondents/SIC Codes** The respondents to the recordkeeping and reporting requirements are owners and operators of MSW landfills

. The United States Standard Industrial Classification (SI C) codes for the respondents af

fected by the standards, which correspond to the North American Industry Classification Sy stem (NAI CS) codes, are listed below for MSW landfills.

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

**Codes** Administration of Air and Water Resource and Solid Waste Management Programs 9511 924110 Refuse Sy stems (Solid Waste L andfill) 4953 562212 **4(b) Information Requested (i) Data Items** 
In this ICR , all the data that is recorded or reported is require d by the NESHAP for Municipal Solid Waste Landfills (40 CFR Part 63, Subpart AAAA ). A source must make the following reports:

**Notification s**  Notification of startup, shutdown, and malfunction plan 63.5(b), 63.1980(b) Notification of startup, shutdown, and malfunction plan reports 63.6(e), 63.1980(b)6 **Reports** Semiannual report of deviation 63.105(d)(5) , 63.1965 Semiannual report of compliance 63.1980(f) A source must keep the following records: **Recordkeeping** Record of startup, shutdown, and malfunction 63.10(d)(1) Records are required to be retained for five years 63.10(b)(2) Electronic Reporting Some of the r espondents are using monitoring equipment that automatically records parameter data. Although personnel at the affected facility must still evaluate the data, internal automation has significantly reduced the burden associated with monitoring and recordkeeping at a plant site. Also, regulatory

agencies in cooperation with the respondents continue to create reporting sy stems to transmit data electronically . However, electronic reporting s ys tems are still not widely used. At this time, it is estimated that approximately 10 percent of the respondents use electronic reporting.

**(ii) Respondent Activities**

**Respondent Activities** Read instructions. 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 sy stems for the purpose of collecting, validating, and verifying information. Develop, acquire, install, and utilize technology and sy stems for the purpose of processing and maintaining information. Develop, acquire, install, and utilize technology and sy stems for the purpose of disclosing an d providing information. Adjust the existing way s to comply with an y previously applicable instructions and requirements. Train personnel to be able to respond to a collection of information. Transmit, or otherwise disclose the information.7

Currently sources are using monitoring and reporting equipment that provide parameter data in an automated way e.g., continuous parameter monitoring s ys tem. 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, excess emissions reports, required to be submitted by industry

. Audit facility

records. Input, anal yz e, and maintain data in the Online Tracking Information Sy stem ( OTI S )

. **5(b) Collection Methodology and Management** Following notification of startup, the reviewing authority could inspect the source to determine whether the pollution control devices are properl y installed and operated. Performance test reports are used b y the Agency to discern a source ’ s initial capab ility to comply with the emission standard , and note the operating conditions under which compliance was achieved. Data and records maintained b y 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.
In formation contained in the reports is entered into OTI S which is operated and maintained by

EPA's Office of Compliance. OT IS is EPA ’ s database for the collection, maintenance, and retrieval of compliance data for approximately 125,000 industrial and government

- owned facilities. EPA uses the OTI S for tracking air pollution compliance and enforcement b y 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 b y this regulation must be retained by the owner/operator for five ye ars.8

**5(c) Small Entity Flexibility**  The majority

of the respondents are large entities (i.e., large businesses). However, the impact on small entities (i.e., small businesses) was taken into consideration during the development of the regulation. Due to technical c onsiderations involving the process operations and the ty pes of control equipment employed, the recordkeeping and reporting requirements are the same for both small and large entities. The Agency considers these to be the minimum requirements needed to en sure 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 in below Table 1: Annual Respondent Burden and Cost

– NESHAP for Municipal Solid Waste L andfills (40 CFR Part 63, Subpart AAAA ) (Renewal)

. **6. Estimating the Burden and Cost of the Collection**  Table 1 documents the computation of individual burdens for the recordkeeping and reporting requirements applicable to the industry for the subpart included in this I CR. The individual burdens are expressed under standardized headings believed to be consistent with the concept of burden under the Paperwork Reduction Act. Where ver appropriate, specific tasks and major assumptions have been identified. Responses to this information collection are mandatory

. The Agency

ma y 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. **6(a) Estimating Respondent Burden** The average annual burden to industry over the next three years from these recordkeeping and reporting requirement s is estimated to be 18,283 ( Total Labor Hours from Table 1 below ). T hese hours are based on Agency studies and background documents from the development of the regulation, Agency

knowledge and exp erience with the NESHAP program, the previousl y approved ICR, and an y comments received. **6(b) Estimating Respondent Costs (i) Estimating Labor Costs**  This I CR uses the following labor rates: Managerial $1 21

. 42 ($5 7

. 82 + 110%) Technical $ 99.14 ($4 7

. 21 + 110%) Clerical $4 9

. 81 ($2 3

. 7 2 + 110%)9

These rates are from the United States Department of Labor, Bureau of Labor Statistics, September 2011 , “ Table 2. Civilian Workers, by occupational and industry group. ” The rates are from column 1, “ Total compensation. ” The rates have been increased b y 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 ty pe of industry

costs associated w ith the information collection activities in the subject standard are both labor costs which are addressed elsewhere in this ICR and the costs associated with continuous monitoring. The capital/startup costs are one

- time costs when a facility becomes subj ect 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) N/A N/A N/A N/A $15 1,124 $16,860 Total $16,860 The total capital/startup costs for this I CR are zero. This is the total of column D in the above table. The total operation and maintenance (O& M) costs for this I CR are $16,860. This is the total of column G.

The average annual cost for capital/startup and operation and maintenance costs to industry

over the next three years of the IC R is estimated to be $16,860 . These are recordkeeping costs

. **6(c) Estimating Agency Burden and Cost** The only costs to the Agency

are those costs associated with anal ys is of the reported information. EPA's overall compliance and enforcement program includes activities such as the examination of rec ords 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 $ 8 67 , 853

. This cost is based on the average hourl y labor rate as follows:10 Managerial $ 6 2.27 (GS

- 13, Step 5, $ 3 8. 92 + 60% ) Technical $ 4 6

. 21 (GS

- 12, Step 1, $ 28. 88 + 60% ) Clerical $2 5.01 (GS

- 6, Step 3, $ 15. 63 + 60% ) These rates are from the Office of Personnel Management (OPM) , 20 1 1 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: Aver age Annual EPA Burden and Cost

– NESHAP for Municipal Solid Waste Landfills (40 CFR Part 63, Subpart AAAA ) (Renewa l). **6(d) Estimating the Respondent Universe and Total Burden and Costs** Based on our research for this I CR, on average over the next three ye ars, approximately 1,123 existing respondents will be subject to the standard. It is estimated that one additional respondent per year will become subject. The overall average number of respondents, as shown in the table below , is 1,124 per year. The number of respondents is calculated using the following table that addresses the three ye ars covered b y this ICR.
**Number of Respondents**

Respondents That Submit Reports Respondents That Do Not Submit Any Reports

Year (A) Number of Ne w Respondents 1 (B)

Number of Existing Respondents (C)

Number of Existing Respondents that keep records but do not submit reports (D) Number of Existing Respondents That Are Also New Respondents (E)

Number of Respondents (E=A+B+C

- D)

1 1 1,222 0 0 1,123
2 1 1,123 0 0 1,124
3 1 1,124 0 0 1,125 Average 1 1,123 0 0 1,124 1 New respondent include sources with constructed, reconstructed and modified affected facilities.

. C olumn D is subtracted to avoid double

- counting respondents

. As shown above, the average Number of Respondents over the three ye ar period of this ICR is 1,124

. The total number of annual responses per ye ar is calculated using the following table:11
**Total Annual Responses** (A) Information Collection Activity (B) Number of Respondents (C)

Number of Responses (D)

Number of Existing Respondents That Keep Records But Do Not Submit Reports (E) Total Annual Responses E=(BxC)+D

Semiannual compliance report 1,124 1 0 1,124 Semiannual SSM report 1,124 2 0 2,248 Total 3,372 The number of Total Annual Responses is 3,372

. The total annual labor costs are $1, 751,832

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

– NESHAP for Municipal Solid Waste L andfills (40 CFR Part 63, Subpart AAAA ) (Renewal)

. **6(e) Bottom Line Burden Hours and Cost Tables** The detailed bottom line burden hours and cost calculations for the respondents and the Agency are shown in Tables 1 and 2, respectivel y, and summarized below. **(i) Respondent Tally** The total annual labor hours are 18,283 hours, at a cost of $1,751,832

. Details regarding these estimates may

be found below in Table 1 : Annual Respondent Burden and Cost

– NESHAP for Municipal Solid Waste Landfills (40 CFR Part 63, Subpart AAAA ) (Renewal)

. Furthermore, the annual public reporting and recordkeeping burden for this collection of information is estimated to average 5 hours per response

. The total annual capital/startup and O&M costs to the regulated entity are $16,860

. The cost calculations are detailed in Section 6(b)(iii), Capital/Startup vs. Operation and Maintenance (O&M) Costs. **(ii) The Agency Tally** The average annual Agency burden and cost over next three years is estimated to be 19, 258 labor hours , at a cost of $ 8 67 , 853 . See below Table 2: Average Annual EPA Burden and Cost

– NESHAP for Municipal Solid Waste Landfills (40 CFR Part 63, Subpart AAAA ) (Renewal).12

**6(f) Reasons for Change in Burden** There is an adjustment increase in the total estimated burden hours and costs for both the respondents and the Agency as currentl y identified in the OMB Inventory of Approved Burdens. This increase is not due to any program changes. The increase in burden hour and cost reflects a growth in the respondent universe since the last I CR renewal, and an increase in labor rates. T his ICR uses updated labor rates in estimating the costs for all labor categories

. **6(g) Burden Statement** The annual public reporting and recordkeeping burden for this collection of information is estimated to average 5 hours 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 t echnology and s ys tems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing way s to compl y with any previously

applicable instructions an d 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 p erson is not required to respond to, a collection of information unless it display s 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 t his I CR under Docket ID Number EPA

- HQ

- OECA

- 2011

- 026 5

. 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 sy stem , select “search,” then key in the docket ID number identified in this document. The documents are al so available for public viewing at the Enforcement and Compliance Docket and Information Center in the EPA Docket Center (EPA/DC), EPA West, Room 3334 , 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holiday s. The telephone number for the Reading Room is (202) 566

- 1744, and the telephone number for the docket center i s (202) 566

- 17 52

. Also, you can send comments to the Office of In formation and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Officer for EPA. Please include th e EPA Docket ID Number EPA

- HQ

- OECA

- 20 11

- 0265 and OMB Control Number 2060

- 0 505 in any correspondence.13

**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 Municipal Solid Waste Landfills**  **(40 CFR Part 63**  **, Subpart AAAA** **) (Renewal)**

**Burden item (A)**  **Person hours per**  **occurrence (B)** 

**No. of occurrences**  **per respondent**  **per year (C)** 

**Person hours per**  **respondent per year**  **(C=AxB) (D)** 

**Respondents per year**  **a (E)** 

**Technical person**  **** **hours per year**  **(E=CxD) (F)** 

**Managem ent**  **person hours per year**  **(Ex0.05) (G)** 

**Clerical person**  **hours per**  **year (Ex0.1)**  **(H)**

**Total Cost Per year**  **b**

1. Applications N/A 2. Survey and Studies N/A 3. Reporting requirements A. Read instructions c 10 1 10 1 10 0.50 1 $1,101.92 B. Required activities Prepare SSM plan d 40 1 40 1 40 2 4 $4,407.68 C. Notification requirements Deviation of SSM plan e 1 2 2 56 112 5.60 11.20 $12,341.50 D. Write Report Semiannual compliance reports f, g 2 1 2 1,124 2,248 112.40 224.80 $247,711.62 Semiannual SSM reports h 6 2 12 1,124 13,488 674.40 1,348.80 $1,486,269.70 Subtotal for Reporting Requirements 18,2 8 2.7 4. Recordkeeping requirements N/A Subtotal for Recordkeeping Requirements 0 $0 **TOTAL LABOR BURDEN AND COST (rounded)**  18,283 $1, 751,832

**Assu mptions:**  a We have assumed that there are approximately 1,124 existing sources currently subject to this rule. There will be one additi onal new source that will become subject to the rule each year over the three

- year period of this ICR. b This ICR uses the follo wing labor rates: $ 121.42 per hour for Executive, Administrative, and Managerial labor; $ 99.14 per hour for Technical labor, and $ 49.81 per hour for Clerical labor. These rates are from the United States Department of Labor, Bureau of Labor Statistics, S eptem ber , 20 11 “T able 2. Civilian Workers, by Occupational and Industry group.” The rates are from column 1, “Total Compensation.” The rates have been increased by 110 p ercent to account for the benefit packages available to those employed by private industry. c We have assumed that it will take 10 hours for a new respondent to read instructions.15 d It will take the respondent 40 hours to prepare the SSM plan. e We have assumed that 5 percent of respondents will deviate from the SSM plan. f We have a ssumed that it will take 2 hours for each respondent to complete the semiannual report. g Under the NESHAP rule, semiannual compliance reports are required, how ever, since one annual compliance report is already required under 40 CFR part 60, subpart C C o r WWW, this rule requires that we increase the annual burden by one report instead of two for this subpart. h We have assumed that it will take 6 hours for respondents to complete the SSM reports.16

**Table 2: Average Annual EPA Burden and Cost** 

**– NESHAP**  **for Municipal Solid Waste Landfills**  **(40 CFR Part 63**  **, Subpart AAAA** **) (Re newal)** 

**Activity (A)**  **EPA person**  **** **hours per occurrence**  **(B)**

**No. of occurrences**  **per plant per year**  **(C)**

**EPA person**  **** **hours per plant**  **per year (C=AxB)**  **(D)**

**Plants per**  **year a**  **(E)**

**Technical person**  **** **hours per year**  **(E=CxD) (F)** 

**Managem ent**  **person -**  **hours per year**  **(Ex0.05) (G)** 

**Clerical person**  **** **hours per year**  **(Ex0.1) (H)** 

**Cost, $ b** 

1. Read instructions 8 1 8 60 480 24 48 $24,875.76 2. Enter and update information c 4 1 4 1 4 0.2 0.4 $207.30 3. Required activities for sources with add

on control devices a. Review

operating parameters See 6 b. Review continuous parameter mo nitoring See 6 4. Excess emissions report reviews d, e 5. Review of SSM notification of deviation e, f 8 1.12 8.96 50 448 .0 22.4 44.8 $23,217.38 6. Reporting requirements 1 1.12 1.12 50 56 3 6 $ 2,902.17 a. Review

com pliance reports g 6 22.5 135 50 6,750 337.5 675 $349,815.38 b. Review SSM plan h 8 1 8 1 8 0.4 0.8 $414.60 c. Review

semiannual SSM reports i 4 45 180 50 9,000 450 900 $466,420.50 **TOTAL ANNUAL BURDEN AND COST (rounded)**  19, 258 $ 867,853

**Assu mptions:**  a We have assumed that there are approximately 1,124 existing sources currently subject to this rule. There will be one additi onal new source that will become subject to the rule each year over the three

- year period of this ICR. b This cost is based on the following labor rates w hich incorporates a 1.6 benefits multiplication factor to account for government overhead expenses: $62.27 for Managerial (GS

- 13, Step 5, $38.92 x 1.6), $46.21 for Technical (GS

- 12, Step 1, $28.88 x 1.6), and $25.01 Clerical (GS

- 6 , Step 3, $15.63 x 1.6). These rates are from the Office of Personnel Management (OPM) “2011 General Schedule” which excludes locality rates of pay. c We have assumed that one respondent will take 4 hours to enter and update information into agency syste m. d We have assumed that it will take each of the 50 states 8 hours to conduct an excess emission enforcement activity.17

e We have assumed that the average occurrences per agency or state (1.12) is derived fro m the number of landfills (1,124 ) subject to the requirements, divided by the number of states (50) and multiplied by the percentage of sources that are assumed to have excess emissions (0.05). There ar e no enforcement related activities in ICRs. f We have assumed that each of the 50 states will take 1 hour to review the SSM notification. g We have assumed that the average occurrences per agency or state (22.5 ) is derived fro m the number of landfills (1,124 ) subject to the requirements, divided by the number of states (50) that must conduct this activity. h We have assumed that the one new source will take 8 hours to review the SSM plan. i We have assumed that each of the 50 states will take 4 hours twice per year to review the SSM reports.