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SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

Emission Guidelines for Existing Sources: Sewage Sludge Incineration (SSI) Units 

(Subpart MMMM)

1. IDENTIFICATION OF THE INFORMATION COLLECTION

1(a) Title of the Information Collection

"Emission Guidelines for Existing Sources: Solid Sludge Incineration (SSI) Units

(Subpart MMMM)."

1(b) Short Characterization/Abstract

This supporting statement addresses information collection activities imposed by the 

Sewage Sludge Incineration (SSI) Unit Emission Guidelines Subpart MMMM. The guidelines do 

not apply directly to SSI unit owners and operators. The guidelines can be thought of as model 

regulations that States use in developing State plans to implement the emission guidelines. If a 

State does not develop, adopt, and submit an approvable State plan, the Environmental 

Protection Agency (EPA) must develop a Federal plan to implement the emission guidelines.

Whether a SSI unit is ultimately regulated under a State plan or Federal plan, the full respondent 

burden for the first 3 years after promulgation of the emission guidelines is included in this 

information collection request (ICR). 

The use of the term "Designated Administrator" throughout this document refers to the 

person or office designated by each State plan to administer the implementation of the plan, or to 

the U.S. EPA Administrator in the event that a State's plan is not approvable and a Federal plan 

must be developed. The term "Administrator" alone refers to the U.S. EPA Administrator.

This ICR includes the burden for activities that will be conducted in the first three years 

following promulgation of the emission guidelines. These activities include reading the rule, 

submitting a control plan, initial stack testing, establishing operating parameters, and monitoring, 

recordkeeping, and reporting requirements. We realize, however, that some facilities may not 

incur these costs within the first three years, and may incur them during the fourth or fifth year 

instead. Therefore, this ICR presents a conservatively high burden estimate for the initial three 

years following promulgation of the proposed emission guidelines.

This ICR presents the burden to respondents (owners or operators of SSI units) and the 

Designated Administrator (State or Federal Government) that will be imposed by State plans 

developed to implement the emission guidelines. Respondents are owners or operators of 

existing SSI units. 
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The requirements described below are the minimum requirements established by the 

emission guidelines. Although States may choose to impose more stringent requirements, it is 

assumed for this burden estimate that the State plans mirror the emission guidelines. 

Sewage Sludge Incinerators are categorized into fluidized bed or multiple hearth units. 

For fluidized bed SSI units, 60 units at 42 facilities would be affected by the proposed standards;

for multiple hearth SSI units, 144 units at 69 facilities would be affected. One of these facilities 

has both a multiple hearth and a fluidized bed unit, so 110 facilities in all are expected to be 

subject to the regulation. The cost of this Information Collection Request (ICR), based on these 

204 units at 110 facilities, will be $28.9 million.

The burden to the “Affected Public” for each SSI subcategory may be found in Tables 1 -

3 in Attachment 2. This rule affects respondents in both the public and private sectors. The 

burden to the “Designated Administrator” is attributed entirely to work performed by federal 

employees or government contractors; this burden may be found in Tables 4 - 7 of Attachment 3.

2. AUTHORITY/NEED FOR AND USE OF THE COLLECTION

2(a) Need/Authority for the Collection

The EPA is charged under section 111(c) of the Clean Air Act (Act), as amended, to 

establish procedures by which:

. . .each State shall submit to the Administrator a plan which (A) establishes standards of 

performance for any existing source for any air pollutant. . .to which a standard of 

performance would apply if such existing source were a new source, and (B) provides for 

the implementation and enforcement of such standards of performance.

The EPA is required under section 129 of the Act, to establish guidelines for existing 

stationary sources that reflect the maximum achievable control technology (MACT) for 

achieving continuous emission reductions:

Section 129(a)(1) states:

The Administrator shall establish performance standards and other requirements pursuant 

to section 111 and this section of each category of solid waste incineration units. Such 

standards shall include emissions limitations and other requirements applicable to new 

units and guidelines (under section 111(d) and this section) and other requirements 

applicable to existing units.

Section 129(a)(2) states:

Standards applicable to solid waste incineration units promulgated under section 111 and 

this section shall reflect the maximum degree of reduction in emissions of air pollutants 

listed under section (a)(4) that the Administrator, taking into consideration the cost of 

achieving such emission reduction, and any non-air quality health and environmental 

impacts and energy requirements, determines is achievable for new or existing units in 

each category.
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Section 129(b)(1) states:

Performance standards under this section and section 111 for solid waste incineration 

units shall include guidelines promulgated pursuant to section 111(d) and this section 

applicable to existing units. Such guidelines shall include, as provided in this section, 

each of the elements required by subsection (a) (emissions limitations, notwithstanding 

any restriction in section 111(d) regarding issuance of such limitations), subsection (c) 

(monitoring), subsection (d) (operator training), subsection (e), (permits), and subsection 

(h)(4) (residual risk).

Subpart B of 40 CFR 60 requires State plans to include monitoring, recordkeeping, and 

reporting provisions consistent with the emission guidelines. In addition, section 114(a)(1) states 

that:

. . . the Administrator may require any person who owns or operates any emission source 

or who is 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 

or methods, (D) sample such emissions (in accordance with such methods, at such 

locations, at such intervals, and in such manner as the Administrator shall prescribe), and 

(E) provide such other information, as he may reasonably require.

Certain reports are necessary to enable a Designated Administrator to identify existing 

sources subject to the State plan that implements the emission guidelines and to determine if the 

standards are being achieved.

2(b) Practical Utility/Users of the Data

The information will be used by Designated Administrators' enforcement personnel to 

ensure that the requirements of the State (or Federal) plan are being implemented and are 

complied with on a continuous basis. Specifically, the information will be used by the 

Designated Administrator to: (1) identify existing sources subject to the standards; (2) ensure 

that existing sources have a control plan to achieve compliance by the final compliance date; 

(3) ensure that subpart MMMM is being properly applied; (4) ensure that the emission standards 

are being complied with; (5) ensure, on a continuous basis, that the operating parameters 

established during the initial performance test are not exceeded.

In addition, records and reports are necessary to enable the Designated Administrator to 

identify SSI units that may not be in compliance with the standards. Based on reported 

information, the Designated Administrator can decide which SSI units should be inspected and 

what records or processes should be inspected at the SSI unit. The records that SSI units 

maintain would indicate to the Designated Administrator whether the personnel are operating 

and maintaining control equipment properly and whether they have met the qualification 

requirements.

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION 

CRITERIA
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The requested recordkeeping and reporting will be required under (40 CFR part 60, 

subpart MMMM).

3(a) Nonduplication

This ICR contains reporting and recordkeeping requirements for SSI units, whether 

regulated under a State plan or Federal plan. The information collected in the first 3 years 

following promulgation of the emission guidelines consists of a control plan as well as initial and 

ongoing compliance information. This information collection amends the information collection

requirements currently collected for SSI units by EPA or any other Federal agency.

Other activities, such as performance tests and performance test reports, installation of 

monitoring systems and control devices, operator training, and monitoring of operating 

parameters, do not typically occur until 4 or 5 years after promulgation. We are estimating these 

burdens will occur within the first three years after promulgation of the emission guidelines to be 

conservative in our estimates. 

In more than 95 percent of the cases, the enforcement of emission guidelines has been 

delegated to State air pollution control agencies. In such cases, the reports required by the 

standards will be submitted to the appropriate State agency, and not directly to the EPA. Thus, 

there is a minimal possibility for the submittal of duplicate information to State agencies and 

EPA. In those few cases where State agencies have not developed a State plan or requested 

delegation of the Federal plan, Federal enforcement still requires information from the SSI 

facility. The plant owner or operator may submit a copy of State or local reports to the 

Administrator in lieu of the report required by the standards, as specified in the General 

Provisions of 40 CFR part 60.

3(b) Public notice prior to ICR submission to OMB

A public notice of this collection was provided in the Federal Register notice of proposed 

rulemaking published for the emissions guidelines.

3(c) Consultations

The public was given the opportunity to review and comment on the emission guidelines 

and ICR during the public comment period for the proposed rulemaking. 

3(d) Effects of Less Frequent Data Collection

The emission guidelines require a one-time control plan report, a one-time final 

compliance report, initial performance tests, annual performance tests, continuous operating 

parameter monitoring, annual operator training, and annual reporting (a deviation report is 

required if any of the emission limitations or operating limits are exceeded). The frequency of 

these activities was chosen by EPA as the period that will provide an adequate margin of 

assurance that affected facilities will not operate for extended periods in violation of the 

standards.
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The control plan is submitted in the first 3 years after promulgation of the emission 

guidelines. The one-time control plan will allow the Designated Administrator to determine 

whether the owner or operator has an adequate strategy for achieving compliance with the 

emission guidelines by the final compliance date. The other activities take place after the 

compliance date, which will be in the fifth year after promulgation for most facilities. The final 

compliance report notifies the Designated Administrator that the owner or operator has achieved 

compliance with the emission guidelines. 

Annual reporting allows the submittal of required information and data parameters so that 

any potential problems can be identified in a timely fashion. A deviation report is required for 

deviations from the operating limits and the emission limitations so that the Designated 

Administrator can ensure that rapid corrective action is being taken. 

3(e) General Guidelines

With the exception of requiring records to be maintained for more than 3 years, none of 

the guidelines in CFR 1320.5 are being exceeded. This rule requires all records to be maintained 

at the source for a period of 5 years. In 40 CFR part 63, subpart A, "General Provisions for 

National Emission Standards for Hazardous Air Pollutants for Source Categories," owners or 

operators of facilities are required to keep and maintain records for a period of 5 years. These 

records must be kept on file for use, if needed, by the regulating authority to ensure that the plant 

personnel are operating and maintaining control equipment properly. Under section 129 of the 

Act, SSI facilities are subject to similar MACT-based regulations, therefore, this 5-year record 

retention requirement was adopted for SSI facilities. Furthermore, section 129 requires all SSI 

units to obtain title V operating permits under part 70 or 71 permit programs. The title V permit 

programs also require records to be retained for 5 years. These records must be kept on file for 

use, if needed, by the regulating authority to ensure that the plant personnel are operating and 

maintaining control equipment properly. 

3(f) Confidentiality

All 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 (see 40 CFR 2; 41 FR 36902, September 1, 1976, 

amended by 43 FR 39999, September 28, 1978; 43 FR 42251, September 28, 1978; 44 FR 

17674, March 23, 1979).

3(g) Sensitive Questions

The reporting or recordkeeping requirements in the standard do not include sensitive 

questions.

4. THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a) Respondents/NAICS Codes
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Respondents are owners or operators of SSI units for which construction commences on 

or before the date of proposal publication in the Federal Register. These standards affect any 

industry using a sewage sludge incinerator as defined in the regulation. This includes North 

American Industry Classification System (NAICS) Code 221 (Sewage Treatment Facilities and 

Water Treatment Plants), among others.

Based on the distribution of facilities with affected sewage sludge incinerators there are 

110 existing facilities which will be affected. Of these, 98 percent are located in the public sector and 

the remaining 2 percent are located in the private sector. 

4(b) Information Requested

(i) Data Items

Attachment 1, Source Data and Information Requirements, and Tables 1 and 2 of 

Attachment 2 present a summary of the recordkeeping and reporting requirements of this 

regulation. 

(ii) Respondent Activities

The respondent activities required by the standards are provided under the first column of 

Tables 1 and 2 of Attachment 2, introduced in section 6(a). All burden items are included in 

these tables.

(iii) Summary of Requirements 

The information collection activities in this ICR include the preparation and submittal of 

the final control plan along with initial and ongoing compliance activities. The one-time control 

plan will allow the Designated Administrator to determine whether the owner or operator has an 

adequate strategy for achieving compliance with the emission guidelines. 

Other information collection activities included in the emission guidelines may occur 

within the first three years, and are presented in this burden estimate, but may not occur until 4 or 

5 years following promulgation of the proposed standards for some affected sources. To be 

conservative in our estimate, the burden for these items is included in this ICR. These items 

include: performance tests, operating parameter monitoring, operator training, one-time and 

periodic reports, and the maintenance of records.

The regulation requires an initial performance test for the following pollutants: PM, 

dioxins/furans, opacity, HCl, Cd, Pb, Hg, CO, NOx, SO2

, and fugitive ash. During the initial 

performance test the owner or operator must establish limits for each operating parameter. 

Thereafter, the owner or operator must conduct annual performance tests and continuously 

monitor the operating parameters. The rule allows the owner or operator to conduct annual 

performance tests once every three years if certain criteria are met.
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To ensure the proper operation of the incinerator, the rule requires that each facility have 

at least one qualified SSI unit operator or supervisor. The operator qualification process includes 

training, an exam, and review of site-specific materials. The operator qualification requirements 

allow the flexibility to use State-approved training and qualification programs. To maintain 

qualification operators or supervisors must attend an annual refresher course and review sitespecific materials annually.

Following the initial performance test, the owner or operator must submit a report that 

documents the performance test and the values for their operating limits. 

An annual report is required that documents: the values for the operating limits; any 

deviations or malfunctions; the results of any performance tests; if no deviations occurred, a 

statement that no deviations occurred; and documentation of periods when all qualified operators 

were unavailable for more than 8 hours. 

If the operating limits or emission limitations are exceeded, the owner or operator must 

submit a deviation report that provides details on the deviation. 

Owners or operators of SSI units are required to keep records of certain parameters and 

information for a period of 5 years. Owners or operators are required to maintain records of the 

initial performance test, annual performance tests, and any subsequent performance tests. 

Owners or operators must also maintain records of the monitoring data for the operating 

parameters.

Records must be maintained for any incinerator malfunctions, any deviations from the 

operating limits, and days for which the minimum amount of operating parameter data were not 

obtained.

Owners or operators must maintain the names of persons who have completed the review 

of site-specific information and who have met the operator qualification requirements.

Records must also be maintained of all documentation for monitoring device calibration 

and site-specific documentation.

All reports are to be submitted to the Designated Administrator. The information will be 

used to determine that all sources subject to the emission guidelines are achieving the 

requirements.

As an administrative addition to this ICR, EPA is also including an illustrative estimate 

of the burden associated with performing a Root Cause Analysis (RCA) associated with 

affirmative defense of malfunctions if the source elects to avail themselves to this defense in 

court. EPA is providing this as an illustrative example of the potential additional administrative 

burden a source may incur to assert an affirmative defense in response to an action to enforce the 

standards set forth in the applicable subpart. If a source is in compliance and does not encounter 

malfunctions that cause a violation of the standard, EPA does not expect this activity to be 

routinely performed by a source. Our decision to include this record keeping and reporting in the 

ICR burden is not to assert that EPA assumes less than full compliance. EPA cannot estimate 
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whether an affirmative defense would be necessary for any source or class of sources. It is not 

an enforceable requirement of compliance. 

5. THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION, 

METHODOLOGY, AND INFORMATION MANAGEMENT

5(a) Agency Activities

A list of Agency activities is provided in section 6(c) and in Tables 4 through 7 of 

Attachment 3.

5(b) Collection Methodology and Management 

This collection of information does not require the use of automated collection techniques 

because of the relatively small number of respondents affected. See section 5(d) Collection 

Schedule.

5(c) Small Entity Flexibility

Based on Small Business Administration guidelines, approximately 18 small entities are 

affected by this rule. The EPA does not expect the standards to have a significant small business 

impact. 

The EG does not contain any provisions reserved exclusively for the benefit of small 

entities. However, the EG does contain provisions that reduce the impact on all regulated 

entities, which would include any small entities. The owner or operator is allowed to conduct 

performance tests once every three years to show compliance if certain criteria are met. 

Deviation reports are required only if there is a deviation, otherwise reporting is annual, and 

operating parameter monitoring is required instead of continuous emissions monitoring systems 

(CEMS).

5(d) Collection Schedule

In the first three years following promulgation of the emission guidelines owners or 

operators would read the rule and are required to submit a one-time control plan. As discussed 

earlier, we also anticipate many of the one-time activities, including: initial performance tests 

(PM, dioxins/furans, opacity, HCl, Cd, Pb, Hg, CO, NOx, SO2, fugitive ash), initial operator 

training and qualification, and the report following an initial performance test (includes operating 

parameter values) to occur for many facilities within the first three years, but they may occur in 

years 4 or 5. These data will be entered into the Aerometric Information Retrieval System 

(AIRS), operated and maintained by EPA’s Office of Air Quality Planning and Standards.

Annual performance tests and continuous parameter monitoring are required for each 

subcategory of SSI. An annual operator training refresher course and site-specific information 

review is required.
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An annual report is required that includes data on the operating parameters, performance 

test results, identification of deviations and malfunctions, and documentation of periods when all 

qualified operators were unavailable for more than 8 hours.

Additionally, if the operating limits or emission limitations are exceeded, the owner or 

operator must submit a deviation report that provides details on the deviation. Information 

obtained from annual compliance reports will be published and distributed through the 

compliance data system (CDS). Data obtained during periodic visits by EPA personnel from 

records maintained by the respondents will be tabulated and published for internal EPA use in 

compliance with enforcement programs.

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION

Tables 1 and 2 of Attachment 2 document the computation of individual burdens and 

non-labor costs for the recordkeeping and reporting requirements applicable to the industry for 

each year for the subpart included in this ICR. The individual burdens are expressed under 

standardized headings believed to be consistent with the concept of burden under the Paperwork 

Reduction Act. Where appropriate, specific tasks and major assumptions have been identified. 

Responses to this information collection are mandatory. Table 3 of Attachment 2 presents a 

summary of the agency burden. 

6(a) Estimating Respondent Burden

For the burden estimate, due to the fact that one facility has both a multiple hearth and 

fluidized bed unit, the number of fluidized bed facilities is reduced from 42 to 41 in the 

calculations to eliminate double counting at the facility level. This has no bearing on unit level 

costs.

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

and reporting requirements is estimated to be 39,400 hours. The average annual recordkeeping 

hours shown in Tables 1 and 2 of Attachment 2 are 2,900 and the reporting requirement hours 

are 36,500. 

6(b) Estimating Respondent Costs

The information collection activities for sources subject to these requirements are 

presented in Tables 1 and 2 of Attachment 2. The total cost for each respondent activity includes 

labor costs, capital/startup costs, and operating and maintenance (O&M) costs.

(i) Estimating Labor Costs 

This ICR uses the following labor rates:

Managerial $92.77 ($43.44 + 110%)*1.017

Technical $57.22 ($26.79 + 110%)*1.017

Clerical $35.24 ($16.50 + 110%)*1.017
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These rates are taken from the Bureau of Labor Statistics, Occupational Employment Statistics, 

May 2009 National Industry-Specific Occupational Employment and Wage Estimates for 

NAICS 999300 - Local Government categories. The occupational categories that are the most 

similar to personnel operating SSI unit operations are assumed to be Engineering Technicians, 

except Drafters, all other (17-3029), General and Operations Managers (11-1021), and 

Secretaries, except Legal, Medical, and Executive (43-6014). The labor rates are adjusted with 

an average fringe benefit and overhead rate addition of 110 percent times the base rate to account 

for paid leave, insurance, etc. Since the labor rates are from May 2009, an Employment Cost 

Index (ECI) factor of 1.017 was also used to adjust the rates to March 2010 to give a current rate. 

Therefore, the total loaded wage rates are calculated by the following equation:

(Base labor rate + (Base labor rate x 1.10))*ECI factor = Loaded labor rate

For emission testing labor rates, a nominal labor rate of $80.00 per hour is used. This 

labor rate reflects the current loaded labor rate for emission testing contractors and includes 

fringe benefits and overhead, as well as the additional equipment costs needed to perform 

emission tests and analyze gas samples. 

(ii) Estimating Capital/Start-up and Operation and Maintenance Costs

The capital costs associated with the proposed emission guidelines include a file cabinet 

for storing copies of records and reports, and monitoring system initial costs; 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, conduct initial and subsequent annual testing, and 

other costs such as photocopying and postage. As discussed earlier, we have estimated the 

burden if these occurred within the first three years, but realize that some facilities may incur 

these costs within years 4 or 5. 

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

Below are the estimated capital and startup costs and O&M costs for the affected units 

for the first 3 years after promulgation.

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

(A)

SSI Unit Type

(B)

Number of 

Respondents 

(facilities)

(C)

Total 

Capital/Startup 

Costs

(D)

Total Annualized 

Capital/Start-up 

and O&M over 3 

years

(E)

Average Annual 

Capital/Startup and 

O&M Costs

Fluidized Bed 41 $170,500 $6,400,000 $2,100,000

Multiple Hearth 69 $249,900 $15,800,000 $5,300,000

Total 110 $420,400 $22,200,000 $7,400,000

The total capital/startup costs for this ICR are $420,400. 
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The total annualized capital/startup and O&M costs for this ICR are $22.2 million, or an 

average of $7.4 million per year. These are recordkeeping costs. 

(iv) Potential Burden under Affirmative Defense 

When a malfunction occurs, sources must report them according to the applicable 

reporting requirements of this Subpart DDDDD. An affirmative defense to civil penalties for 

exceedances of emission limits that are caused by malfunctions is available to a source if it can 

demonstrate that certain criteria and requirements are satisfied. The criteria ensure that the 

affirmative defense is available only where the event that causes an exceedance of the emission 

limit meets the narrow definition of malfunction in 40 C.F.R. 63.2 (sudden, infrequent, not 

reasonable preventable and not caused by poor maintenance and or careless operation) and where 

the source took necessary actions to minimize emissions. In addition, the source must meet 

certain notification and reporting requirements. For example, the source must prepare a written 

root cause analysis and submit a written report to the Administrator documenting that it has met 

the conditions and requirements for assertion of the affirmative defense. 

To provide the public with an estimate of the relative magnitude of the burden associated 

with an assertion of the affirmative defense position adopted by a source, EPA provides an 

administrative adjustment to this ICR that shows the notification, recordkeeping and reporting 

requirements associated with the assertion of the affirmative defense might entail. EPA’s 

estimate for the required notification, reports and records, including the root cause analysis, 

totals $3,141 and is based on the time and effort required of a source to review relevant data, 

interview plant employees, and document the events surrounding a malfunction that has caused 

an exceedance of an emission limit. The estimate also includes time to produce and retain the 

record and reports for submission to EPA. EPA provides this illustrative estimate of this burden 

because these costs are only incurred if there has been a violation and a source chooses to take 

advantage of the affirmative defense. 

Personnel 

Number of 

Personnel 

Time 

Requirement 

(hours)

Total 

Hours

Hourly Rate 

($/hr) Total

Technical Personnel 3 6 18 98.20 $ 1,768

Managerial Personnel 2 6 12 114.49 $ 1,374

Total 5 30 $ 3,141

6(c) Estimating Agency Burden and Cost

Because the information collection requirements were developed as an incidental part of 

standards development, no costs can be attributed to the development of the additional 

information collection requirements. Because reporting and recordkeeping requirements on the 

part of the respondents are required under sections 111 and 129 of the Act, no operational costs 

would be incurred by the Federal Government. Publication and distribution of the information 

are part of the AIRS Facility subsystem, with the result that no Federal costs can be directly 

attributed to the ICR. Examination of records to be maintained by the respondents would occur 

incidentally as part of the periodic inspection of sources that is part of the Designated 

Administrator’s overall compliance and enforcement program and, therefore, could not be 
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attributable to the ICR. The only costs that the Implementing Agency would incur in the first 

three years are: reading and understanding the rule and the preparing of an annual report 

summarizing progress in implementing State plans and the compliance status of all the affected 

facilities. However, to be conservative in our estimate, we have estimated the burden as if the 

costs to the Implementing Agency for initial and ongoing compliance activities are also 

accounted for. 

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

$497,000.

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

Managerial $62.27 (GS-13, Step 5, $38.92+ 60%)

Technical $46.21 (GS-12, Step 1, $28.88+ 60%)

Clerical $25.01 (GS-6, Step 3, $15.63 + 60%)

These rates are from the Office of Personnel Management (OPM), 2010 General Schedule, 

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

overhead and fringe benefit costs. Details on the line item estimates used to calculate these 

burdens are presented in Tables 4 through 7 of Attachment 3. 

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

The total number of respondents is also referred to as the respondent universe. The 

respondent universe for this ICR is based on the EPA’s SSI database. Industry burden is 

calculated based on the number of units and facilities in each subcategory and the anticipated 

controls and monitoring that each unit will most likely utilize to comply with the emissions 

guidelines. 

Additional estimates regarding the respondent universe are included in the industry 

burden determination. The EPA estimates that 110 respondents (facilities) will read the rule in 

year 1 and will submit a control plan. We have also included the burden associated with initial 

monitoring in the year 1 estimates. In years 2 and 3, the 110 respondents incur the annual burden 

associated with the emission guidelines, such as annual testing and monitoring system operation 

and maintenance.

Total Annual Responses

(A)

Unit Type

(B)

Number of 

Respondents 

(facilities)

(C)

Total Number 

Responses for 3-

year Period

(D)

Average Annual 

Number of 

Responses

Fluidized Bed 41 435 145

Multiple Hearth 69 969 323

Affirmative 

Defense 0 0 0
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Total 110 1404 468

The number of average annual responses is 468.

6(e) Bottom Line Burden Hours and Cost Tables

(i) The Respondent Tally 

A breakdown for each of the collection, reporting, and recordkeeping activities required 

by the emission guidelines is presented in Tables 1 and 2 of Attachment 2. Tables 1.A, 1.B, and 

1.C show the costs for Fluidized Bed units in years 1, 2, and 3. Table 1.D summarizes the costs 

for the three year period. Similarly, Tables 2.A, 2.B, 2.C, and 2.D show the costs for Multiple 

Hearth units. The estimate of total annual hours requested from the respondents was based on 

the assumptions outlined in section 6(d) of this ICR. The respondent burden is estimated for the 

first 3 years after adoption of these guidelines by totaling the hours per year for technical, 

managerial, and clerical staff at the plant. This total was then divided by 3 to arrive at the 

annualized burden (see Table 3). A similar approach was taken for estimating annual labor 

costs. For the first three years after the adoption of the emission guidelines, it is estimated that 

industry would expend 39,400 hours annually at a cost of $2.2 million per year to meet the 

monitoring, recordkeeping, and reporting requirements. The annual non-labor costs are 

estimated at $7.4 million, which include the initial and annual costs associated with the 

monitoring system and initial and annual performance testing.

(ii) The Designated Administrator

The bottom line Designated Administrator burden hours and costs, presented in Tables 4 

through 7 of Attachment 3, were calculated by totaling the hours per year for technical, 

managerial, and clerical staff, and by totaling the cost column. Table 7 of Attachment 3 

summarizes the annual agency burden for each of the first three years and calculates the average 

annual burden by dividing the three year total by three. The estimated average annual burden 

over the first 3 years for the Designated Administrator would be 10,200 hours at a cost of 

$497,000 per year.

(iii) Variations in the annual bottom line 

The total respondent costs for years 1, 2, and 3 are $16,100,000, $6,400,000, and 

$6,400,000, respectively. The corresponding total respondent hours over this period are 59,600, 

29,200, and 29,200 (see Tables 1 through 3 of Attachment 2). Activities during this period 

include reading and understanding the rule and developing a control plan. We have also 

estimated the burden of the rule to occur within the first three years. These include initial and 

annual performance tests, operator training and qualification, setting and monitoring of operating 

parameter values, and reporting and recordkeeping for these activities. We realize, however, that 

some of these activities will not occur until years 4 or 5 for some sources. Therefore, the 

respondent burden for years 1 through 3 may be conservatively high. 
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During the first 3 years, the Designated Administrators will be reviewing the regulation, 

reviewing the control plans, observing initial stack tests, reviewing initial test reports, and 

preparing annual summary reports. In years 1, 2, and 3, the Designated Administrators will 

expend 20,200, 5,200, and 5,200 total hours in labor, respectively. The corresponding costs for 

each year are $950,000, $270,000, and $270,000 (see Tables 4 through 7 of Attachment 3). 

6(f) Reasons for change in burden

The burden has been reduced between proposal and the final rule due to modifications of 

the rule. The most significant impact on the burden was the allowance for facilities to test once 

every three years instead of complying through annual performance testing if certain criteria are 

met. Furthermore, changes in the emission limits have led to different counts for the number of 

control devices and their associated monitors altering the capital costs. Changes to the facility 

and unit counts have also caused differences. The reports and their associated hours were also 

changed to more accurately reflect the rule.

To provide the public with an estimate of the relative magnitude of the burden associated 

with a source asserting the affirmative defense position, EPA is providing an administrative 

adjustment to this ICR. The adjustment shows the notification, recordkeeping and reporting 

requirements associated with the assertion of the affirmative defense. This illustrative example 

does not result in an increase in the burden for this rule. EPA provides this estimate of the burden 

because these costs are only incurred if the source believes that there has been a violation, and 

chooses to take advantage of the affirmative defense. 

6(g) Burden Statement

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

is estimated to be 84 hours per response. Burden means total time, effort, or financial resources 

expended by persons to generate, maintain, retain, or disclose or provide information to or for a 

Federal agency. This includes the time needed to review instructions; develop, acquire, install, 

and utilize technology and systems for the purposes of collecting, validating, and verifying 

information, processing and maintaining information, and disclosing and providing information; 

adjust the existing ways to comply with any previously applicable instructions and requirements; 

train personnel to be able to respond to a collection of information; search data sources; complete 

and review the collection of information; and transmit or otherwise disclose the information. 

An agency may not conduct or sponsor, and a person is not required to respond to, a 

collection of information unless it displays a currently valid OMB control number. The OMB 

control numbers for EPA’s regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

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

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

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

Docket ID Number EPA-HQ-OAR-2009-0559. 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 
15

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 Ave., NW, Washington, DC. The EPA Docket Center Public 

Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 

holidays. The telephone number for the Reading Room is (202) 566-1744, and the telephone 

number for the docket center is (202) 566-1927. 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 

Number EPA-HQ-OAR-2009-0559 in any correspondence. 
16

PART B OF THE SUPPORTING STATEMENT

This section is not applicable because statistical methods are not used in data collection 

associated with this regulation.
17

ATTACHMENT 1

SOURCE DATA AND INFORMATION REQUIREMENTS

Requirement

40 CFR

60 Subpart MMMM

RECORDKEEPING

5-year retention of records. 60.5230 

Calendar date of each record. 60.5230(a)

Records of increments of progress. Includes copies of the 

final control plan and any additional notifications.

60.5230(b)

Records of site-specific information and incinerator operation 

procedures.

60.5230(c)(1)

Records of names of persons who have completed review of 

the site-specific information and incinerator operating 

procedures in 60.5230(c)(1).

60.5230(c)(2)

Records of names of persons who have completed the 

operator training requirements. Includes documentation of the 

training and the dates of the training.

60.5230(c)(2)

Records showing the periods when no qualified operators 

were accessible for more than 8 hours, but less than two 

weeks.

60.5230(c)(3)

Records showing the periods when no qualified operators 

were accessible for two weeks or more.

60.5230(c)(4)

Records of control device inspections. 60.5230(d)

Records of initial performance tests, annual performance tests, 

and any subsequent performance tests.

60.5230(e)

Records of all continuous monitoring data; includes 

continuous emissions monitors, continuous automated 

sampling systems, and continuous parameter monitors.

60.5230(f)

Records of other info for continuous monitoring systems. 60.5230(g)
18

ATTACHMENT 1

SOURCE DATA AND INFORMATION REQUIREMENTS

Requirement

40 CFR

60 Subpart MMMM

Records of days when a deviation from the operating limits 

have occurred. Includes a description of the deviation and a 

description of the corrective actions taken. 

60.5230(h)

Equipment vendor specifications for the incinerator, emission 

controls, and monitoring equipment.

60.5230(i)

Records of calibration of any monitoring devices. 60.5230(j)

Records of monitoring plan and performance evaluations. 60.5230(k)

Records of less frequent testing. 60.5230(l)

Records of use of bypass stack. 60.5230(m)

REPORTING

Increments of progress report - report your increments of 

progress no later than 10 business days after the compliance 

date for the increment:

- final control plan including air pollution 

control device descriptions, process changes, 

type of waste to be burned, and the maximum 

design sewage sludge burning capacity

- closure notification, if applicable

60.5235(a) 

Initial compliance report - report the following information no 

later than 60 days after the initial performance test:

- complete test report for the initial performance 

test

- results of CMS performance evaluation

- the values for site-specific operating limits 

- documentation of installation of bag leak 

detection system for fabric filter

- results of air pollution control device 

inspection

60.5235(b) 
19

ATTACHMENT 1

SOURCE DATA AND INFORMATION REQUIREMENTS

Requirement

40 CFR

60 Subpart MMMM

Annual compliance report - report the following information 

annually:

- date of report and beginning and ending dates 

of reporting period

- if a performance test was conducted during the 

reporting period, the results of the test

- highest recorded 3-hour average and the lowest 

3-hour average, as applicable, for each 

pollutant and operating parameter recorded 

using a CMS

- if no deviations occurred, a statement of no 

deviation

- if a fabric filter is used, the date, time, and 

duration of alarms

- if a performance test was not conducted during 

the reporting period, a statement that the 

requirements of §60.5205(a)(3) were met

- if a performance evaluation of a CMS was 

conducted, the results

- documentation of periods when all qualified 

SSI unit operators were unavailable for more 

than 8 hours but less than 2 weeks

- annual control device inspection results

- information on if continuous monitoring 

systems malfunctioned or were out of control

- if there were no operator training deviations, a 

statement that there were no such deviations

60.5235(c)
20

ATTACHMENT 1

SOURCE DATA AND INFORMATION REQUIREMENTS

Requirement

40 CFR

60 Subpart MMMM

Deviation reports - if a deviation from operating limits or 

emission limits occurs, submit a deviation report that includes 

the following information:

- date and times of deviation

- averaged and recorded data for those dates

- duration and causes of each deviation and the 

corrective actions taken

- copy of operating parameter monitoring data 

and any test reports

- dates, times, and causes for monitor downtime 

incidents

- if CMS malfunctions or is out of control, 

including the information specified in 

§60.5235(d)(3)(viii)

60.5235(d)

If all qualified operators are unavailable for more than 2 

weeks, submit a notification of the deviation within 10 days 

and a corrective action summary every 4 weeks

60.5235(e)

Notification of a force majeure - report the following 

information if a force majeure occurs:

- description of the force majeure event

- rationale for attributing the delay to the force 

majeure

- description of measures taken to minimize the 

delay

- identification of date by which you propose to 

conduct the performance test

60.5235(f)

Submit a notification 1 month prior if you intend to start or 

stop use of a CMS

60.5235(g)

Submit a notification 30 days prior if you intend to conduct a 

performance test

60.5235(g)

Submit a notification at least 7 days in advance if you intend 

to reschedule a performance test

60.5235(g)
21

ATTACHMENT 2

TABLES 1, 2, and 3

Tables 1.A – 1.D: Annual Respondent Burden and Cost of Recordkeeping and Reporting 

Requirements of the Emission Guidelines for Existing Stationary Sources: 

Sewage Sludge Incineration Units - Subpart MMMM, Fluidized Bed

Tables 2.A – 2.D: Annual Respondent Burden and Cost of Recordkeeping and Reporting 

Requirements of the Emission Guidelines for Existing Stationary Sources: 

Sewage Sludge Incineration Units - Subpart MMMM, Multiple Hearth

Table 3: Summary of Annual Respondent Burden and Cost of Recordkeeping and 

Reporting Requirements of the Emissions Guidelines for Existing Stationary 

Sources: Sewage Sludge Incineration Units - Subpart MMMM - All 

Subcategories
22

ATTACHMENT 3

TABLES 4, 5, 6, and 7

Table 4: Annual Designated Administrator Burden and Cost of Recordkeeping and 

Reporting Requirements of the Emission Guidelines for Existing Stationary 

Sources: Sewage Sludge Incineration Units - Subpart MMMM - Year 1

Table 5: Annual Designated Administrator Burden and Cost of Recordkeeping and 

Reporting Requirements of the Emission Guidelines for Existing Stationary 

Sources: Sewage Sludge Incineration Units - Subpart MMMM - Year 2

Table 6: Annual Designated Administrator Burden and Cost of Recordkeeping and 

Reporting Requirements of the Emission Guidelines for Existing Stationary 

Sources: Sewage Sludge Incineration Units - Subpart MMMM - Year 3

Table 7: Summary of Designated Administrator Burden and Cost of Recordkeeping and 

Reporting Requirements of the Emission Guidelines for Existing Stationary 

Sources: Sewage Sludge Incineration Units – Subpart MMMM