1 

SUPPORTING STATEMENT 

GOLD MINE ORE PROCESSING AND PRODUCTION SOURCES 

PART A

1.0 Identification of the Information Collection

(a) Title and Number of the Information Collection. 

“Gold Mine Ore Processing and Production Sources.” This is a new information collection 

request (ICR) and the EPA tracking number is 2383.01. 

 (b) Short Characterization. 

 This ICR covers information collection requirements in the proposed NESHAP for gold 

mine ore processing and production sources (40 CFR Part 63, Subpart EEEEEEE). Potential 

respondents are owners or operators of all gold mine ore processing and production facilities that 

use ore pretreatment, carbon processes, and non-carbon concentrate processes. The owner or 

operator of an existing facility would be required to comply with this rule no later than 2 years 

after publication of the final rule in the Federal Register. A new affected source would be 

required to comply by the date of publication of the final rule in the Federal Register or upon 

startup of the affected source, whichever occurs later. 

The owners or operators of gold mine ore processing facilities subject to the NESHAP 

would be required to meet a mercury emission limits. Facilities with existing ore pretreatment 

processes would be required to meet a mercury emission limit of 149 pounds of mercury per 

million tons of ore processed (lb/million tons) of ore processed, and new sources would need to 

meet a limit of 149 lb/million tons of ore processed. Facilities with existing carbon processes 

would be required to meet a mercury emission limit of 2.6 lb/ton of concentrate, and new sources 

would need to meet a limit of 0.14 lb/ton of concentrate, or as an alternative, demonstrate that 

they achieve at least 97 percent control efficiency for mercury. Facilities with existing noncarbon concentrate processes would be required to meet a mercury emission limit of 0.25 lb/ton 

of concentrate processed, and new sources would need to meet a limit of 0.20 lb/ton of 

concentrate processed. 

Testing requirements would include annual mercury emissions tests of process stacks at 

affected sources. Monitoring requirements for roasters would include either continuous 
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monitoring of mercury emissions from roaster stacks or weekly samples of mercury 

concentration. If the weekly sampling option is chosen, facilities would also be required to 

perform parametric monitoring of the mercuric chloride scrubbers on roasters. We are 

proposing three options for processes controlled by carbon adsorbers: (1) sampling of the exit 

stream from the carbon bed for mercury, (2) sampling the carbon for adsorbed mercury, and (3) 

replacing the bed at specified intervals based on historical data on carbon bed life. The inlet to 

the carbon adsorber would also be monitored for temperature. For wet scrubbers, we are 

proposing that the water flow rate and scrubber pressure drop be monitored. All controlled 

device parameters would be maintained at levels established during the performance test. 

Facilities in Nevada already perform annual sampling and analysis for mercury using EPA 

Method 29; consequently, those facilities would not incur any additional stack testing burden 

under this proposed rule. In addition, facilities already routinely monitor scrubber pressure drop 

and water flow rate, as well as the gas inlet temperature into carbon adsorbers. 

The owner or operator of an existing or new affected source would be required to prepare 

and submit an initial notification of applicability and an initial notification of compliance status. 

Each owner or operator of an affected source would be required to keep records to document 

compliance with the mercury emission limits and also maintain records of all monitoring data 

and specified process throughput data. If a deviation from the rule requirements occurs, an 

affected source would be required to submit a compliance report for that semi-annual reporting 

period. 

2. Need For and Use of the Collection

(a) Need/Authority for the Collection. 

 Section 112(c)(6) of the CAA requires that EPA list categories and subcategories of 

sources assuring that sources accounting for not less than 90 percent of the aggregate emissions 

of each of the seven specified HAP, including mercury are subject to standards under section 

112(d)(2) or (d)(4). The seven HAP specified in section 112 (c) (6) are as follows: alkylated 

lead compounds, polycyclic organic matter, hexachlorobenzene, mercury, polychlorinated 

biphenyls, 2,3,7,9-tetrachlorodibenzofurans, and 2,3,7,8-tetrachloridibenzo-p-dioxin. Congress 

targeted these HAP for regulation because of their persistence and tendency to bioaccumulate in 

the environment. These HAPs are also associated with adverse health effects such as nervous 
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system damage and reproductive effects. We published an initial list of source categories under 

CAA section 112(c)(6) on April 10, 1998 (63 FR 17838). We are adding gold mine ore 

processing facilities to this list of source categories under CAA section 112(c)(6) solely on the 

basis of mercury emissions. 

 The proposed standards for mercury are based on the performance of MACT because 

standards established under CAA section 112(d)(2) must reflect performance of MACT. The 

MACT-based regulation can be based on the emissions reductions achievable through 

application of measures, processes, methods, systems, or techniques including, but not limited 

to: (1) reducing the volume of, or eliminating emissions of, such pollutants through process 

changes, substitutions of materials, or other modifications; (2) enclosing systems or processes to 

eliminate emissions; (3) collecting, capturing, or treating such pollutants when released from a 

process, stack, storage or fugitive emission point; (4) design, equipment, work practices, or 

operational standards as provided in section 112(h) of the CAA; or (5) a combination of the 

above. 

 The MACT floor is the minimum control level allowed for National Emissions Standards 

for Hazardous Air Pollutants (NESHAPs) developed pursuant to 112(d)(2) and is defined under 

CAA section 112(d)(3). For new sources, MACT standards cannot be less stringent than the 

emission control achieved in practice by the best-controlled similar source, as determined by the 

Administrator. The MACT standards for existing sources can be less stringent than standards for 

new sources, but they cannot be less stringent than the average emission limitation achieved by 

the best performing 12 percent of existing sources in the category or subcategory (for which the 

Administrator has emission information) or the best performing 5 sources for categories or 

subcategories with fewer than 30 sources. 

 Certain records and reports are necessary for the Administrator to confirm the 

compliance status of affected sources, identify any new or reconstructed sources subject to the 

standards, and confirm that the standards are being achieved on a continuous basis. These 

recordkeeping and reporting requirements are specifically authorized by section 114 of the Clean 

Air Act (42 U.S.C. 7414) and set out in the part 63 NESHAP General Provisions. Under part 63, 

the owner or operator must keep each record for 5 years following the date of each occurrence, 

measurement, maintenance, corrective action, report, or record. 
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 (b) Use/Users of the Data.

 The information will be used by the delegated authority (State agency or Regional 

Administrator if there is no delegated State agency) to ensure that the emissions limits and other 

requirements are being achieved. Based on review of the recorded information at the site and the 

reported information, the delegated permitting authority can identify facilities that may not be in 

compliance and decide which plants, records, or processes may need inspection. 

3. Nonduplication, Consultations, and Other Collection Criteria

(a) Nonduplication.

A computer search of EPA's ongoing ICR's revealed no duplication of informationgathering efforts. 

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

This section is not applicable because this is a rule-related ICR. 

(c) Consultations. 

The proposed rule was developed in consultation with State permitting organizations, 

individual plants and trade associations. The non-EPA persons consulted on the information 

collection activities are identified in Table 1. 

TABLE 1. PERSONS CONSULTED ON THE INFORMATION COLLECTION ACTIVITIES 

Contact Organization Telephone Number 

Colleen Cripps and staff Nevada Department of Environmental Protection (775) 687-9302 

John Barber Environmental Committee, Nevada Mining Assoc. (715) 829-2121 

Melissa Barbanell Counsel for Barrick Gold Corporation (801) 990-3815 

Joe Beetler Newmont Mining Corporation (775) 778-4484 

Greg Schoen Round Mountain Gold Corporation (775) 377-3336 

Kevin Lewis Air Sciences Inc. (303) 988-2960 ext 213 

(d) Effects of Less Frequent Collection.

 If the relevant information were collected less frequently, the delegated authority (State 

or EPA) would not be reasonably assured that a plant is in compliance with the standards. 

(e) General Guidelines. 

 None of the guidelines in 5 CFR 1320.6 are being exceeded. 
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(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).

(g) Sensitive Questions. 

 This section is not applicable because this ICR does not involve matters of a sensitive 

nature.

4. The Respondents and the Information Requested

(a) Respondents/NAICS Codes. 

 Potential respondents under Subpart EEEEEEE are owners or operators of gold mine ore 

processing and production facilities. The North American Industry Classification System 

(NAICS) code is 212221 (gold ore mining). We estimate that 21 gold mine ore processing and 

production facilities would be subject to the rule requirements; few if any new sources are 

projected during the 3 year period of this ICR. 

 (b) Information Requested.

(i) Data Items, Including Recordkeeping Requirements. Attachment 1, Source Data and 

Information Requirements, summarizes the data items, including recordkeeping and reporting 

requirements. 

(ii) Respondent Activities. The respondent activities required by the final rule are 

identified in Table 2 and are introduced in section 6(a). 

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

Information Management

(a) Agency Activities.

 The Agency activities are provided in Table 3 and are introduced in section 6(c). 

(b) Collection Methodology and Management. 

 Data and records maintained by the respondents are tabulated and published for use in 

compliance and enforcement programs of the delegated authority. The monitoring reports 

submitted to the delegated authority are used for problem identification, as a check on source 
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operation and maintenance, and for compliance determinations. EPA is the delegated authority 

until the State agency is delegated authority to implement the final rule. Therefore, information 

contained in the reports submitted to the Regional Administrator will be entered into the Air 

Facility System (AFS), which is operated and maintained by EPA's Office of Compliance. AFS 

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 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. 

(c) Small Entity Flexibility.

 A small entity for this industry is defined as: (1) a small business whose parent company 

meets the Small Business Administration size standards for small businesses found at 13 CFR 

121.201 (less than 500 employees for gold mine ore processing facilities); (2) a small 

governmental jurisdiction that is a government of a city, county, town, school district, or special 

district with a population of less than 50,000; and (3) a small organization that is any not-forprofit enterprise that is independently owned and operated and is not dominant in its field. This 

proposed rule is estimated to impact about 21 gold mine ore processing facilities, none of which 

are small entities. 

 Although this proposed rule will not affect any small entities, EPA nonetheless has tried 

to reduce the impact of this proposed rule on all of the affected sources. The standards include 

parametric monitoring requirements for mercury emission control devices that are common 

throughout the industry and in many cases are already required by State operating permits. The 

standards also require only the essential monitoring, recordkeeping, and reporting needed to 

verify compliance. 

(d) Collection Schedule. 

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

shown in Tables 2 and 3. 
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6. Estimating the Burden and Cost of the Collection

(a) Estimating Respondent Burden.

 The annual burden estimates for the proposed NESHAP are shown in Table 2. These 

numbers were derived from estimates based on EPA’s experience with other standards. No 

burden estimates are provided for new sources because no new facilities are expected during the 

3-year period of this ICR. These estimates represent the maximum burden that would be 

imposed by the rule based on all affected sources that are gold mine ore processing and 

production facilities. 

(b) Estimating Respondent Costs.

 The information collection activities for the proposed NESHAP are presented in Table 2. 

(i) Estimating Labor Costs. Labor rates and associated costs are based on Bureau of 

Labor Statistics (BLS) data. Technical, management, and clerical average hourly rates for 

private industry workers in the mining industry (NAICS 212200) were taken from the United 

States Department of Labor, Bureau of Labor Statistics, May 2008 available at 

http://www.bls.gov/oes/2008/may/naics4_212200.htm. Wages for occupational groups are used 

as the basis for the labor rates with a total compensation of $32.13/hour for technical 

(environmental engineer), $50.15/hour for managerial, and $17.24/hour for clerical. These rates 

represent salaries plus fringe benefits and do not include the cost of overhead. An overhead rate 

of 60 percent is used to account for these costs. The fully-burdened hourly wage rates used to 

represent respondent labor costs are: technical at $51.41, management at $80.24, and clerical at 

$27.58. 

(ii) Estimating Capital and Operations and Maintenance (O&M) Costs. The capital 

cost for mercury CEMS and for sorbent trap sampling are estimated as $1.3 million with an 

annual operations and maintenance costs of $65,000 per year. 

(iii) Capital/Startup vs. O&M Costs. No startup costs would be incurred over the 3-year 

period of this ICR. 

(iv) Annualizing Capital Costs. Table 2 shows an estimate of the annualized cost of 

capital to be $191,000 per year with a total annualized cost of $321,000 per year. 

 (c) Estimating Agency Burden and Cost. 
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 Because the information collection requirements were developed as an incidental part of 

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

collection requirements. Because reporting and recordkeeping requirements on the part of the 

respondents are required under the part 63 NESHAP General Provisions, no operational costs 

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

are part of the Compliance Data System, with the result that no Federal costs can be directly 

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

incidentally as part of the periodic inspection of sources that is part of EPA's overall compliance 

and enforcement program, and, therefore, is not attributable to the ICR. The only costs that the 

Federal government will incur are user costs associated with the analysis of the reported 

information, as presented in Table 3. 

 The Agency labor rates are from the Office of Personnel Management (OPM) 2010 

General Schedule which excludes locality rates of pay. These rates can be obtained from Salary 

Table 2010-GS available on the OPM website, http://www.opm.gov/oca/10tables/pdf/gs_h.pdf. 

The government employee labor rates are $15.63/hour for clerical (GS-6, Step 3), $28.88 for 

technical (GS-12, Step 1), and $38.92/hr for management (GS-13, Step 5). These rates were 

increased by 60 percent to include fringe benefits and overhead. The fully-burdened wage rates 

used to represent Agency labor costs are: clerical at $25.01; technical at $46.21, and 

management at $62.27. 

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

There are an estimated 21 existing gold mine ore processing facilities that would be 

subject to the rule requirements. Few, if any new sources are expected to be constructed during 

the next 3 years. Consequently, the average number of respondents during the 3 year period of 

this ICR is 21. 

The components of the total annual responses attributable to this ICR are two one-time 

notifications for each facility (applicability and compliance status). Gold mine ore processing 

and production facilities would be required to submit a notification of performance tests, prepare 

a test plan, and conduct annual performance tests for mercury emissions. Each facility must 

perform continuous or frequent monitoring for mercury concentration exiting emission control 

devices and perform parametric monitoring of mercuric chloride scrubbers on roasters and 
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carbon adsorbers. Semi-annual reports of excess emissions would be required. Each affected 

source would also be required to prepare a startup, shutdown, and malfunction plan. The 

number of total annual responses for Subpart EEEEEEE is estimated as: (21 annual average 

respondents × 1 notification of applicability) + (21 annual average respondents × 1 notification 

of compliance status) + (21 annual average respondents x 1 performance test notification) + (21 

annual average respondents x 1 test plan) + (21 annual average respondents x 1 startup, 

shutdown, and malfunction plan) + (2.1 annual average respondents x 1 semiannual report of 

excess emissions, assuming 10 percent of the facilities will have excess emissions to report). 

Therefore, the number of total annual responses for Subpart EEEEEEE is 107, or an average of 

5.1 annual responses per respondent. 

(e) Bottom Line Burden Hours and Cost Tables.

(i) Respondent tally. The bottom line respondent burden hours and costs, presented in 

Table 2 are calculated by adding person-hours per year down each column for technical, 

managerial, and clerical staff, and by adding down the cost column. 

The average annual burden for the monitoring, recordkeeping, and reporting 

requirements in Subpart EEEEEEE is 4,225 person hours with an annual average burden cost of 

$213,726 with $1.3 million in capital costs, $65,000/year in O&M costs, and $256,000/year in 

total annualized cost. 

(ii) The Agency tally. The total annual Federal Government cost is for 40 total annual 

hours and $1,814/year. The bottom line Agency burden hours and costs presented in Table 3 are 

calculated by adding person-hours per year down each column for technical, managerial, and 

clerical staff, and by adding down the cost column. 

(iii) Variations in the annual bottom line. This section does not apply since no 

significant variation is anticipated. 

(f) Reasons for Change in Burden.

 This section does not apply because this is a new ICR. 

 (g) Burden Statement 

 The average annual respondent burden for the proposed NESHAP for gold mine ore 

processing and production sources is estimated at 201 hours per facility. Burden means the total 

time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose 
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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 in 40 CFR part 63 are listed in 40 CFR part 9. 

PART B

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

associated with the proposed rule.
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TABLE 2. ANNUAL RESPONDENT BURDEN AND COSTS 

Burden item (A) Personhours per 

occurrence 

(B) No. of 

occurrences per 

respondent 

(C) Personhours per 

respondent 

(C=A*B) 

(D) 

Respondents 

per year 

(E) Technical 

person-hours 

per year 

(E=C*D) 

(F) Management 

person-hours per 

year (E*0.05) 

1. Applications N/A 2. Surveys and Studies N/A 3. Acquisition, Installation, and Utilization of Technology and Systems 

N/A 

4. Reporting Requirements A. Read instructions 8 1 8 7b 56 2.8 B. Required activities Annual performance tests (Method 29) 

120 1 120 4.67c 560 28.00 

Continuous Emission Monitoring 

2 365 730 1.33d 973.3 48.7 

Weekly sampling for roasters 

4 52 208 0.33e 69.3 3.5 

Monthly sampling and analysis for carbon beds 

4 12 48 34.3f 1648.0 82.4 

C. Create information See 4B D. Gather existing information 

See 4B 

E. Write report See 4B Initial notification of applicability 

2 1 2 7b 14 0.7 

 Notification of compliance status 

2 1 2 7b 14 0.7 

 Request for compliance extension 

N/A 

Site-specific test plan 4 1 4 7b 28 1.4 Quality assurance plan for CEMS 

8 1 8 1.3d 11 0.5 

Notification of performance test 

2 1 2 7b 14 0.7 
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Burden item (A) Personhours per 

occurrence 

(B) No. of 

occurrences per 

respondent 

(C) Personhours per 

respondent 

(C=A*B) 

(D) 

Respondents 

per year 

(E) Technical 

person-hours 

per year 

(E=C*D) 

(F) Management 

person-hours per 

year (E*0.05) 

Startup, shutdown, and malfunction plan/reports 

4 1 4 7b 28 1.4 

 Semiannual excess emissions reports 

2 2 4 0.7g 2.8 0.14 

5. Recordkeeping Requirements A. Read instructions See 4A B. Plan activities See 4A C. Implement activities See 4A D Develop record system

4 1 4 7b 28 1.4 

E. Time to enter information

0.5 52 26 7b 182 9 

F. Time to transmit or disclose information 

0.25 2 1 7b 4 0.2 

G. Time to adjust existing ways 

2 1 2 7b 14 0.7 

F. Time to train personnel 

4 1 4 7b 28 1.4 

G. Time for audits N/A TOTAL LABOR BURDEN AND COST 

Annualized cost of capitalh Operation and maintenance (O&M) i 

 Total (capital recovery plus O&M) 

a This ICR uses the following labor rates based on Bureau of Labor Statistics (BLS) data for private industry workers in the mining industry (NAICS 2

technical (environmental engineer), $50.15/hour for managerial, and $17.24/hour for clerical. For an overhead rate of 60 percent, the fully-burdened 

technical at $51.41, management at $80.24, and clerical at $27.58. 

b We estimate 21 facilities will be subject to the rule and will perform these activities over the 3-year term of the ICR (21/3 = 7 respondents per year). c The rule will require additional Method 29 stack sampling for mercury for 14 process units outside of Nevada (14/3 = 4.67 respondents per year). d Assumes 4 of 5 roaster stacks will be equipped with mercury CEMS (4/3 = 1.33 respondents per year). e Assumes 1 of 5 roaster stacks will monitor weekly using sorbent traps (1/3 = 0.33 respondents per year). f Approximately 103 stacks with carbon adsorbers will be monitored monthly using sorbent traps (103/3 = 34.3 respondents per year). g Assumes 10 percent of the facilities will submit excess emission reports (21*0.1/3 = 0.7 respondents per year). h A capital recovery factor of 0.1424 (10 year life at 7%) applied to a total installed capital cost of $1.34 million for monitoring equipment. I Labor for O&M costs are included in the burden estimates above. These O&M costs are for materials and supplies (e.g., sorbent trap tubes, calibrati

5% of the installed capital costs ($1.3 million). 
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TABLE 3. ANNUAL BURDEN AND COST TO THE AGENCY 

Burden Item (A) Person hours 

per occurrence 

(B) Occurrences 

per respondent 

(C) 

Plants 

per year 

(D) Technical 

hours/year 

(D=A*B*C) 

(E) Management 

hours/year 

(E=0.05*D) 

(

Report Review:  Initial notification of applicability

1 1 7b 7.0 0.4 

Deviation reports N/A  Startup, shutdown, malfunction plan/report 

2 1 7b 7.0 0.4 

 Notification of compliance status 

2 1 7b 7.0 0.4 

Semiannual excess 

emissions report

1 2 7b 14.0 0.7 

TOTAL BURDEN AND COST 40.3 hours 

a These rates were be obtained from Salary Table 2010-GS available on the OPM website, http://www.opm.gov/oca/10tables/pdf/gs_h.pdf: $15.63/ho

$28.88 for technical (GS-12, Step 1), and $38.92/hr for management (GS-13, Step 5). These rates were increased by 60 percent to include fringe bene

fully-burdened wage rates used to represent Agency labor costs are: clerical at $25.01; technical at $46.21, and management at $62.27. 

b We estimate 21 gold mine ore processing facilities will be subject to the rule and will perform these activities over the 3-year term of the ICR (21/3 
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ATTACHMENT 1. INFORMATION REQUIREMENTS 

 Requirement for new and existing sources Rule citati

Annual performance test for mercury emissions §63.11646(a) aMonitoring for roasters §63.11647(a), (Monitoring for carbon adsorbers §63.11647 (f), (Monitoring for wet scrubbers §63.11647(h) Notification of applicability §63.11648(a) Notification of construction/reconstruction 1 NA Notification of special compliance requirements 1 NA Notification of performance test Table 1 Notification of opacity observations NA Additional CMS notifications NA Notification of compliance status §63.11648(b) Notification of changes in information 1 NA Malfunction reports §63.11648(d) Performance test plan Table 1 CMS quality control plan NA CMS performance evaluation test plan/report NA Records to support notifications §63.11648(e)(1Records of monitoring data §63.11648(e)(2Records of monthly ore and concentrate throughput, operating hours for each process unit §63.11648(e)(3Compliance report if deviation occurs §63.11648(c) 1 Requirement is not expected to occur during the 3-year term of this ICR