SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

NESHAP for Coke Oven Batteries (40 CFR Part 63, Subpart L) (Renewal)

1. Identification of the Information Collection

1(a) Title of the Information Collection

NESHAP for Coke Oven Batteries (40 CFR Part 63, Subpart L) (Renewal), EPA ICR Number

1362.10, OMB Control Number 2060-0253. 

1(b) Short Characterization/Abstract

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

regulations published at 40 CFR Part 63, Subpart L were proposed on December 4, 1992, 

promulgated on October 27, 1993, and most recently amended on April 15, 2005. These

regulations apply to all coke oven batteries, whether existing, new, reconstructed, rebuilt, or 

restarted. It also applies to all batteries using conventional by-product recovery processes, nonrecovery processes, or any new recovery processes. 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 L.

In general, all NESHAP standards require initial notifications, performance tests, and 

periodic reports by the owners/operators of the affected facilities. They are also required to 

maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the 

operation of an affected facility, or any period during which the monitoring system is 

inoperative. 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 

measurements, 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 directly to the United 

States Environmental Protection Agency (EPA) regional office.

Over the next three years, an average of 19 respondents per year will be subject to the 

standard, and no additional respondents will become subject to the standard. The respondents 

consist of two sectors within the coke industry. The sectors comprise iron and steel integrated 

plants that produce coke for their operations (five plants) and merchant plants that produce 

furnace and foundry coke for sale on the open market (fourteen plants). These 19 coke plants 

operate 59 coke oven batteries (i.e., the affected facilities). We estimate that by-product batteries 

account for 80 percent of all coke oven batteries. The estimate is based on historical data on the 

distribution of by-product versus non-recovery batteries.

The Office of Management and Budget (OMB) approved the currently active ICR 

without any “Terms of Clearance.”
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The term “Affected Public” applies to owners and operators of coke oven batteries, and 

may be found in Table 1: Annual Respondent Burden and Cost – NESHAP for Coke Oven 

Batteries (40 CFR Part 63, Subpart L) (Renewal). The burden to the “Federal Government” 

burden is attributed entirely to work performed by federal employees or government contractors, 

and may be found in Table 2: Average Annual EPA Burden and Cost – NESHAP for Coke Oven 

Batteries (40 CFR Part 63, Subpart L) (Renewal).

2. Need for and Use of the Collection

2(a) Need/Authority for the Collection

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

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

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

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

reasonably require.

In the Administrator's judgment, particulate matter (PM) emissions from coke oven 

batteries cause or contribute to air pollution that may reasonably be anticipated to endanger 

public health or welfare. Therefore, the NESHAP were promulgated for this source category at 

40 CFR Part 63, Subpart L.

2(b) Practical Utility/Users of the Data

The recordkeeping and reporting requirements in the standard ensures compliance with 

the applicable regulations which were 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 in 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 
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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 regulation. The reviewing 

authority may then inspect the source to check if the pollution control devices are properly 

installed and operated, that leaks are being detected and repaired, and that the standard is being 

met. The performance test may also be observed.

The required semiannual reports are used to determine periods of excess emissions, 

identify problems at the facility, verify operation/maintenance procedures, and for compliance 

determinations.

3. Nonduplication, Consultations, and Other Collection Criteria

The requested recordkeeping and reporting are required under 40 CFR Part 63, Subpart 

L.

3(a) Nonduplication

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

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

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

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

be sent to the Administrator in lieu of the report required by the Federal standards. Therefore, no 

duplication exists.

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

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

in the Federal Register (79 FR 30117) on May 27, 2014. No comments were received on the 

burden published in the Federal Register.

3(c) Consultations

The Agency has consulted industry 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 Enforcement and Compliance History Online (ECHO), which is 

operated and maintained by EPA's Office of Compliance. ECHO 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.

Industry trade associations and other interested parties were provided with an opportunity

to comment on the burden associated with the standard when it was being developed and further 
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amended, and the standard has been previously reviewed to determine the minimum information 

needed for compliance purposes. For the current renewal, EPA contacted both the American 

Coke and Coal Chemicals Institute at (202) 452-7198 and Sun Coke Energy, Inc. at (630) 824-

1000.

3(d) Effects of Less Frequent Collection

Less frequent information collection would decrease the margin of assurance that 

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

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

applied and emission limitations are met. If the information required by these standards was 

collected less frequently, the proper operation and maintenance of control equipment and the 

possibility of detecting violations would be less likely.

3(e) General Guidelines

These reporting or recordkeeping requirements do not violate any of the regulations 

promulgated by OMB under 5 CFR Part 1320, Section 1320.5.

These standards require the respondents to maintain all records, including reports and 

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

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

the Part 70 permit program and the five year statute of limitations on which the permit program 

is based. The retention of records for five years allows EPA to establish the compliance history

of a source, any pattern of non-compliance, and to determine the appropriate level of 

enforcement action. EPA has found that the most flagrant violators have violations extending 

beyond five years. In addition, EPA would be prevented from pursuing the violators due to the 

destruction or nonexistence of essential records.

3(f) Confidentiality

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

will be safeguarded according to the Agency policies set forth in Title 40, Chapter 1, Part 2, 

Subpart B - Confidentiality of Business Information (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

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

questions.
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4. The Respondents and the Information Requested

4(a) Respondents/SIC Codes

The respondents to the recordkeeping and reporting requirements are owners or operators 

of new or existing by-product or non-recovery coke oven batteries. The United States Standard 

Industrial Classification (SIC) codes and corresponding North American Industry Classification 

System (NAICS) codes for respondents affected by the standard are listed in the following table.

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

Iron and Steel Mills 3312 331111

All Other Petroleum and Coal Products 

Manufacturing

3312 324199

4(b) Information Requested

(i) Data Items

In this ICR, all the data that is recorded or reported is required by the NESHAP for Coke 

Oven Batteries (40 CFR Part 63, Subpart L).

A source must make the following notifications:

Notifications

Initial compliance certification 63.311(b)

Intention to construct a new, brownfield, or padup rebuild coke oven 

batteries

63.311(c)(1), 

63.5(d)(1)(ii), 

63.9(b)(4)(i)

Application for approval of construction/reconstruction (submitted as 

part of notification of intention to construct a new, brownfield, or 

padup rebuild coke oven battery)

63.5(d), 

63.9(b)(1)(iii), 

63.9(b)(4)

Election of compliance track 63.311(c)(2)

Intention to conduct a PM performance test (new non-recovery coke 

oven batteries only)

63.311(c)(3)

Initial performance test 63.7(b)(1), 63.9(e)

Rescheduled initial performance test 63.7(b)(2)

Request for an extension of compliance 63.9(c)

Request to waive requirements 63.7(h)(3), 63.10(f)
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Notifications

Notification that source is subject to special compliance 

requirements: obtaining an exemption from control requirements for 

bypass\bleeder stacks by committing to permanent closure of a 

battery or using an equivalent alternative control system for the 

stacks; obtaining an alternative standard for coke oven doors on a 

battery equipped with a shed, including development of a sitespecific test plan

63.9(d)

Opacity and visible emission observations (submitted as part of 

notification of initial performance test)

63.9(f)

Notification requirements for coke ovens with a shed using a 

continuous monitoring system for opacity of emissions discharged 

from the emission control equipment, and meeting the alternative 

standard (submitted as part of notification of initial performance test)

63.305(f)(4), 63.9(g)

Compliance status 63.9(h), 63.309(k)

Adjustment to time periods or postmark deadlines 63.9(i)

Change in information already provided 63.9(j)

Battery closure 63.307(e)(1)

Notification of malfunction 63.310(d)

Request for startup of cold-idle battery 63.304(b)(6)

A source must make the following reports:

Reports

Emission control work practice plan for each coke oven battery 63.306(a)

Revised work practice plan 63.306(d)(4)

Finding of whether work practices caused exceedances of emission 

limitation (submitted as part of any work practice plan revisions)

63.306(d)(3)

Report of malfunction 63.310(e), 63.10(d)(5)

Semiannual compliance certification report 63.311(d)

Venting of coke oven gas other than through a flare system 63.311(e)

Performance test results 63.10(d)(2), 63.309(k)

Opacity or visible emission observations (submitted as part of 

performance test results)

63.10(d)(3)
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A source must keep the following records:

Recordkeeping

All reports and notifications 63.10(b)(1)

Malfunctions 63.10(b)(2)

Record of internal reports forming the basis of each malfunction 

notification

63.310(f), 

63.311(f)(6)

Startup, shutdown, and malfunction plan 63.310(f), 63.6(e)(3)

Any applicability determination that demonstrates why owner or 

operator believes source(s) is/are unaffected.

63.10(b)(3)

For non-recovery coke oven batteries, records of: daily operating 

parameters, design characteristics, and compliance demonstration.

63.311(f)(1)

For an approved alternative emission limitation, records of: 

monitoring parameters indicating exhaust flow rate is maintained, 

continuous opacity monitoring system, and quarterly visual 

inspection of the shed.

63.311(f)(2), 63.10(c)

Records of work practice plan, revisions, and implementation of plan 

requirements for specific emission points.

63.311(f)(3-4)

Design drawings and engineering specifications for the 

bypass/bleeder stack flare system or approved alternative control 

device or system.

63.311(f)(5)

Electronic Reporting

Some of the respondents 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.

(ii) Respondent Activities

Respondent Activities

Familiarization with the regulatory requirements.

Daily performance tests by a certified observer, commencing on the applicable date and using 

Method 303 or 303A for each new and existing coke oven battery, are needed to determine 

compliance with the visible emission limitations for coke oven doors, topside port lids, offtake 

systems, and charging operations.

Develop and implement an emission control work practice plan for each coke oven battery.
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Respondent Activities

For coke ovens equipped with sheds choosing to comply with an alternative to the emission 

limitation standards, submit an initial test plan and, once approved, conduct an initial 

performance test using Method 5 (determine the efficiency of control equipment), Method 9 

(measure opacity of emissions from control device), and Method 22 (measure visible 

emissions that escape the shed) to get approval to use alternative standard.

For coke ovens equipped with sheds complying with the alternative standard, conduct weekly

performance tests using Method 303 to determine compliance. If the visible emission 

limitation is achieved for 12 consecutive observations, switch to monthly tests until an 

exceedance occurs, at which time the weekly tests shall be resumed.

Install, calibrate, maintain, and operate continuous monitoring system for opacity emissions 

discharged from the control system at coke oven doors equipped with sheds and complying 

with the alternative standard.

For non-recovery coke oven batteries, daily monitoring of pressure in oven or common tunnel 

to ensure a negative pressure; implement work practices requirement for charging operations 

at existing batteries; and install, operate, and maintain control system for the capture and 

collection of emissions at new batteries.

For a by-product recovery, a brownfield or padup, rebuild coke oven battery, install, operate,

and maintain a bypass/bleeder stack flare system capable of controlling 120 percent of the 

normal gas flow generated by the battery, unless the owner or operator has been approved for 

an alternative control device or system that achieves at least 98 percent destruction or control 

of coke oven emissions.

For by-product coke oven, daily inspection of the collecting main for leaks according to 

Method 303.

Write the notifications and reports listed above.

Enter information required to be recorded above.

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

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

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

maintaining information.

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

providing information.

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

requirements.
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Respondent Activities

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

Transmit, or otherwise disclose the information.

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

Information Management

5(a) Agency Activities

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

storage, and distribution of the required information.

Agency Activities

Observe initial performance tests and repeat performance tests, if necessary.

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

reports, required to be submitted by industry.

Audit facility records.

Input, analyze, and maintain data in the Integrated Compliance Information System (ICIS) and 

ECHO.

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 properly installed and operated. 

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

with the emission standard. Data and records maintained by the respondents are tabulated and 

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

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

determinations.

Information contained in the reports is reported by state and local governments in the

ICIS Air database, which is operated and maintained by EPA's Office of Compliance. ICIS is 

EPA’s database for the collection, maintenance, and retrieval of compliance data for industrial 

and government-owned facilities. EPA uses ICIS for tracking air pollution compliance and 

enforcement by local and state regulatory agencies, EPA regional offices, and EPA headquarters. 

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

The records required by this regulation must be retained by the owner/operator for five 
10

years.

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 considerations involving the process operations 

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

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

requirements needed to ensure compliance and, therefore, cannot reduce them further for small 

entities. To the extent that larger businesses can use economies of scale to reduce their burden, 

the overall burden will be reduced.

5(d) Collection Schedule

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

shown in below Table 1: Annual Respondent Burden and Cost – NESHAP for Coke Oven 

Batteries (40 CFR Part 63, Subpart L) (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 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.

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

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

6(a) Estimating Respondent Burden

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

and reporting requirements is estimated to be 80,000 (Total Labor Hours from Table 1). These 

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

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

approved ICR, and any comments received.

6(b) Estimating Respondent Costs

(i) Estimating Labor Costs

This ICR uses the following labor rates: 

Managerial $129.93 ($61.87 + 110%) 
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Technical $103.97 ($49.51 + 110%)

Clerical $51.79 ($24.66 + 110%)

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

2014, “Table 2. Civilian Workers, by occupational and industry group.” The rates are from 

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

the benefit packages available to those employed by private industry.

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

The only costs to the regulated industry resulting from information collection activities 

required by the subject standard are labor costs. There are no capital/startup or operation and 

maintenance (O&M) costs. There are no annual O&M costs associated with continuous 

emission monitors because none of the sources use them to monitor opacity emissions 

discharged from the control device.

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

The only type of industry costs associated with the information collection activity in the 

regulations are labor costs. There are no capital/startup or O&M costs.

6(c) Estimating Agency Burden and Cost

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

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

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

emissions, and the publication and distribution of collected information. 

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

$5,300.

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

Managerial $62.90 (GS-13, Step 5, $39.31 + 60%) 

Technical $46.67 (GS-12, Step 1, $29.17 + 60%)

Clerical $25.25 (GS-6, Step 3, $15.78 + 60%)

These rates are from the Office of Personnel Management (OPM), 2014 General Schedule,

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

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

based appear below in Table 2: Average Annual EPA Burden and Cost – NESHAP for Coke 

Oven Batteries (40 CFR Part 63, Subpart L) (Renewal).

6(d) Estimating the Respondent Universe and Total Burden and Costs
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Based on our research for this ICR, on average over the next three years, approximately

19 existing respondents will be subject to the standard. It is estimated that no additional 

respondents per year will become subject. However, we assume one existing respondent will 

reconstruct a battery over the three-year period. The overall average number of respondents, as 

shown in the table below, is 19 per year.

The number of respondents is calculated using the following table that addresses the three 

years covered by this ICR. 

Number of Respondents

Respondents That Submit Reports Respondents That Do 

Not Submit Any Reports

Year

(A)

Number of New 

Respondents 1, 2

(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 2

(E)

Number of 

Respondents

(E=A+B+C-D)

1 0.33 19 0 0.33 19

2 0.33 19 0 0.33 19

3 0.33 19 0 0.33 19

Average 0.33 19 0 0.33 19

1

New respondents include sources with constructed, reconstructed, and modified affected facilities.

2

EPA assumes one existing plant will reconstruct a battery over the 3-year ICR period (3-yr average = 0.33 

sites/yr = 1 site/3 yrs). We also assume that the design capacity of the reconstructed battery will not 

exceed that of its predecessor.

Column D is subtracted to avoid double-counting respondents. As shown above, the 

average Number of Respondents over the three year period of this ICR is 19. 

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

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

Initial compliance certification 0 1 0 0

Notification of battery 

construction/ reconstruction(new, 

0.33 1 0 0.33
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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

brownfield, and padup rebuild 

batteries) 1

Notification of election of 

compliance track

0 1 0 0

Notification of performance test N/A

Reschedule of performance test N/A

Request for an extension of 

compliance

N/A

NESHAP waiver application N/A

Notification of source being 

subject to special requirements, 

including site-specific test plan

N/A

Notification of compliance status N/A

Adjustments to time periods or 

timelines

N/A

Changes in information already 

provided

N/A

Notification of battery closure 0.33 1 0 0.33

Notification of malfunction 2 1 0 2

Request for startup of cold-idle 

battery

N/A

Emission control work practice 

plan

N/A

Revised emission control work 

practice plan

N/A

Report of malfunction (including 

findings of whether work 

practices caused exceedances of 

emission limit)

2 1 0 2

Semiannual compliance 

certifications

19 2 0 38

Report of coke oven gas venting 

through bypass/bleeder stack flare

1.6 1 0 1.6
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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

Performance test results N/A

Total 44

N/A – Not applicable

1 EPA assumes one existing plant will submit a notification to reconstruct a battery over the 3-year ICR period (3-

yr average = 0.33 sites/yr = 1 site/3 yrs). We also assume that the design capacity of the reconstructed battery will 

not exceed that of its predecessor. Under the NESHAP, such sources are only required to submit a notification of 

battery reconstruction.

The number of Total Annual Responses is 44, after rounding.

The total annual labor costs are $8,020,000. Details regarding these estimates may be 

found below in Table 1: Annual Respondent Burden and Cost – NESHAP for Coke Oven 

Batteries (40 CFR Part 63, Subpart L) (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 below, respectively, and summarized below. 

(i) Respondent Tally

The total annual labor hours are 80,000. Details regarding these estimates may be found 

in Table 1: Annual Respondent Burden and Cost – NESHAP for Coke Oven Batteries (40 CFR 

Part 63, Subpart L) (Renewal). We assume that burdens for managerial tasks take 5% of the 

time required for technical tasks because the typical tasks for managers are to review and

approve reports. Clerical burdens are assumed to take 10% of the time required for technical 

tasks because the typical duties of clerical staff are to proofread the reports, make copies and 

maintain records.

Furthermore, the annual public reporting and recordkeeping burden for this collection of 

information is estimated to average 1,800 hours per response.

There are no total annual capital/startup and O&M costs to the regulated entity. The cost 

calculations are detailed in Section 6(b)(iii), Capital/Startup vs. Operation and Maintenance 

(O&M) Costs.

(ii) The Agency Tally
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The average annual Agency burden and cost over the next three years is estimated to be

116 labor hours at a cost of $5,261. See Table 2: Average Annual EPA Burden and Cost –

NESHAP for Coke Oven Batteries (40 CFR Part 63, Subpart L) (Renewal). We assume that 

burdens for managerial tasks take 5% of the time required for technical tasks because the typical 

tasks for managers are to review and approve reports. Clerical burdens are assumed to take 10% 

of the time required for technical tasks because the typical duties of clerical staff are to proofread 

the reports, make copies and maintain records.

6(f) Reasons for Change in Burden

There is an adjustment decrease in the total estimated respondent labor burden as 

currently identified in the OMB Inventory of Approved Burdens. This decrease is not due to any

program changes. Rather, it was due to a discrepancy identified in the previous renewal, in 

which the number of by-product plants conducting daily leak inspections and bypass/bleeder 

stack/flare system inspections was overestimated. EPA has revised the estimates in this ICR to 

reflect the appropriate number of by-product plants. The net result of this adjustment was a 

decrease in respondent burden hours.

There is also a small adjustment increase in the number of responses due to a correction. 

The previous ICR did not account for the notification of reconstruction, notification of battery

closure, and malfunction report in calculating the number of responses. 

6(g) Burden Statement

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

is estimated to average 1,800 hours per response. Burden means the total time, effort, or 

financial resources expended by persons to generate, maintain, retain, or disclose or provide 

information to or for a Federal agency. This includes the time needed to review instructions; 

develop, acquire, install, and utilize technology and systems for the purposes of collecting, 

validating, and verifying information, processing and maintaining information, and disclosing 

and providing information; adjust the existing ways to comply with any previously applicable 

instructions and requirements; train personnel to be able to respond to a collection of 

information; search data sources; complete and review the collection of information; and 

transmit or otherwise disclose the information.

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

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

Numbers for EPA regulations are listed at 40 CFR Part 9 and 48 CFR Chapter 15.

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

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

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

Docket ID Number EPA-HQ-OECA-2014-0044. An electronic version of the public docket is 
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available at http://www.regulations.gov which may be used to obtain a copy of the draft 

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

contents of the docket, and to access those documents in the public docket that are available 

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

in this document. The documents are also available for public viewing at the Enforcement and 

Compliance Docket and Information Center in the EPA Docket Center (EPA/DC), EPA West, 

Room 3334, 1301 Constitution 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-OECA-2014-0044 and OMB Control Number 2060–0253 in any

correspondence. 

Part B of the Supporting Statement

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

information.
17

Table 1: Annual Respondent Burden and Cost – NESHAP for Coke Oven Batteries (40 CFR Part 63, Subpart L) (Renewal)

Burden item

A B C D E F G H

Personhours

per 

occurrence

Annual 

occurrences

per 

respondent

Person-hours

per respondent

per year (AxB)

Respondents

per year a

Technical 

hours per

year (CxD)

Management 

hours per 

year (Ex0.05)

Clerical 

hours

per year

(Ex0.10)

Annual cost

($) b

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 See 5A

B. Required activities See 5B

C. Write notifications/reports

Initial compliance certification c3 1 3 0 0 0 0 0

Notification of battery 

construction/ reconstruction 

(new, brownfield, and padup 

rebuild batteries) d

2 1 2 0.33 0.66 0.03 0.07 76.33

Notification of election of 

compliance track e

2 1 2 0 0 0 0 0

Notification of performance test N/A

Reschedule of performance test N/A

Request for an extension of 

compliance

N/A

NESHAP waiver application N/A

Notification of source being 

subject to special requirements, 

including site-specific test plan f

N/A

Notification of compliance 

status

N/A
18

Burden item

A B C D E F G H

Personhours

per 

occurrence

Annual 

occurrences

per 

respondent

Person-hours

per respondent

per year (AxB)

Respondents

per year a

Technical 

hours per

year (CxD)

Management 

hours per 

year (Ex0.05)

Clerical 

hours

per year

(Ex0.10)

Annual cost

($) b

Adjustments to time periods or 

timelines

N/A

Changes in information already 

provided

N/A

Notification of battery closure g2 1 2 0.33 0.66 0.03 0.07 76.33

Notification of malfunction h26 1 26 2 52 2.6 5.2 6,013.57

Request for startup of cold-idle 

battery i

N/A

Emission control work practice 

plan

N/A

Revised emission control work 

practice plan

N/A

Report of malfunction 

(including findings of whether 

work practices caused 

exceedances of emission limit) h

26 1 26 2 52 2.6 5.2 6,013.57

Semiannual compliance 

certifications

2 2 4 19 76 3.8 7.6 8,789.06

Report of coke oven gas venting 

through bypass/ bleeder stack 

flare j

25 1 25 1.6 40 2 4 4,625.82

Performance test results N/A

Reporting Subtotal 255 25,595

5. Recordkeeping requirements

A. Read instructions 8 1 8 19 152 7.6 15.2 17,578.12

B. Plan activities See 5E

C. Create information See 5F

D. Gather existing information See 5E
19

Burden item

A B C D E F G H

Personhours

per 

occurrence

Annual 

occurrences

per 

respondent

Person-hours

per respondent

per year (AxB)

Respondents

per year a

Technical 

hours per

year (CxD)

Management 

hours per 

year (Ex0.05)

Clerical 

hours

per year

(Ex0.10)

Annual cost

($) b

E. Implement activities

All plants

Daily performance 

tests/visible observations k

8.25 365 3,011.25 19 57,213.75 2,860.69 5,721.38 6,616,512.73

Certification program l24 1 24 19 456 22.8 45.6 52,734.35

Implement work practice plan 40 1 40 19 760 38 76 87,890.58

Implement startup, shutdown, 

and malfunction plan

40 1 40 19 760 38 76 87,890.58

Non-recovery plants

Coke oven doors: daily 

pressure monitoring m

0.5 365 182.5 3 547.5 27.38 54.75 63,315.91

Coke oven doors: leak 

detection procedures n

1 365 365 2 730 36.5 73 84,421.22

Charging operations: control 

equipment work practices o

0.5 365 182.5 3 547.5 27.38 54.75 63,315.91

By-product plants

Daily leak inspection of 

collecting main

0.5 365 182.50 16 2,920 146 292 337,684.86

Bypass/bleeder stack/flare 

system inspection p

0.5 365 182.50 16 2,920 146 292 337,684.86

Initial/regular performance 

test/monitoring of opacity 

(coke oven doors with sheds 

complying with alternative 

standard) q

N/A

F. Time to record information 

required by rule

1.5 52 78 19 1,482 74.1 148.2 171,386.63

G. Time to transmit or disclose 

information

1 2 2 19 38 1.9 3.8 4,394.53
20

Burden item

A B C D E F G H

Personhours

per 

occurrence

Annual 

occurrences

per 

respondent

Person-hours

per respondent

per year (AxB)

Respondents

per year a

Technical 

hours per

year (CxD)

Management 

hours per 

year (Ex0.05)

Clerical 

hours

per year

(Ex0.10)

Annual cost

($) b

H. Time to train personnel 32 1 32 19 608 30.4 60.8 70,312.46

I. Time for audits N/A

Recordkeeping Subtotal 79,505 7,995,123

TOTAL ANNUAL BURDEN AND COST (ROUNDED) 79,760 8,020,717

TOTAL ANNUAL CAPITAL AND O&M COST 0

GRAND TOTAL (LABOR, CAPITAL, AND O&M) 8,020,717

N/A – Not Applicable

Assumptions:

a

 EPA estimates an average of 19 existing coke plants will operate 59 coke oven batteries over the next 3 years. Of these plants, 16 will operate 47 by-product 

batteries and 3 will operate 12 non‐recovery batteries. The distribution of by-product versus non-recovery batteries is based on historical ICR data showing 

that by-product batteries account for 80% of all coke oven batteries. Non-recovery batteries account for the remaining 20%.

b

 This ICR uses the following labor rates: $103.97 (technical), $129.93 (managerial), and $51.79 (clerical). These rates are from the United States Department 

of Labor, Bureau of Labor Statistics, June 2014, “Table 2. Civilian Workers, by occupational and industry group.” The rates are from column 1, “Total 

compensation.” They have been increased by 110 percent to account for the benefit packages available to those employed by private industry.

c

 This burden applies to new sources only. All existing sources have previously submitted initial compliance certifications.

d

 EPA assumes one existing plant will submit a notification to reconstruct a battery over the 3-year ICR period (3-yr average = 0.33 sites/yr = 1 site/3 yrs). We 

also assume that the design capacity of the reconstructed battery will not exceed that of its predecessor. Under the NESHAP, such sources are only required to 

submit a notification of battery reconstruction.

e

 This burden applies to new sources only. All existing sources have previously submitted this notification.

f

 None of the plants with cokeside sheds have applied for the alternative door standard.

g

 EPA assumes one plant will permanently close one of its batteries and submit the required notification over the 3-year ICR period (3-yr average = 0.33 sites/yr 

= 1 site/3 yrs).

h

 EPA assumes two plants per year may experience a malfunction, requiring EPA notification and a written report.

i

 None of the plants have batteries on cold idle.

j

 EPA expects 10% of the 16 by-product plants (1.6 plants) to experience a venting episode where emissions are released through bypass/bleeder stacks without 

flaring, requiring notification and a written report.

k

 Daily performance tests are conducted by a certified observer provided by the State enforcement agency for each emission point on each battery. Respondents 

reimburse States through permit fees. Based on an average of 3 coke ovens batteries per plant, the total person hours for inspections is estimated to be 8.25 

hours, using the cost formula for calculating reimbursement costs included in the rule.

l

 This burden includes the indirect costs to respondents to provide certification to the observer provided by the State enforcement agency, or its contractor, 

including a 3-day EPA certification course.
21

m

 Owners or operators of three existing non-recovery plants are required to either conduct leak detection procedures or monitor oven pressure daily. These 

plants have elected to monitor pressure.

n

 The promulgated rule amendments (70 FR 19992, April 15, 2005) require visible emission observations of doors for two non-recovery plants that are not on 

the lowest achievable emissions rate (LAER) extension track.

o

 Owners or operators of three existing non-recovery plants are required to implement specified work practices for the control of emissions from charging 

operations and to document the performance of each procedure.

p

 All 16 by-product coke plants must install and maintain flares.

q

 None of the plants with cokeside sheds have applied for the alternative door standard.

Note: Figures may not add exactly due to rounding.
22

Table 2: Average Annual EPA Burden and Cost – NESHAP for Coke Oven Batteries (40 CFR Part 63, Subpart L) (Renewal)

Burden item

A B C D E F G H

EPA

person-hours

per 

occurrence

Annual 

occurrences

per 

respondent

EPA

person-hours

per respondent

per year (AxB)

Respondents

per year a

Technical 

hours

per year

(CxD)

Management

hours per 

year

(Ex0.05)

Clerical 

hours

per year

(Ex0.10)

Annual 

cost

($) b

1. Report reviews

A. Initial compliance certification c2 1 2 0 0 0 0 0

B. Notification of battery construction/

reconstruction (new, brownfield, 

and padup rebuild batteries) d

2 1 2 0.33 0.66 0.03 0.07 34.54

C. Notification of election of 

compliance track e

N/A

D. Notification of performance test N/A

E. Reschedule of performance test N/A

F. Request for an extension of 

compliance

4 1 4 0 0 0 0 0

G. NESHAP waiver application 4 1 4 0 0 0 0 0

H. Notification of source being subject 

to special requirements, including 

site-specific test plan f

16 1 16 0 0 0 0 0

I. Notification of compliance status N/A

J. Adjustments to time periods or 

timelines

N/A

K. Changes in information already 

provided

N/A

L. Notification of battery closure g2 1 2 0.33 0.66 0.03 0.07 34.54

M. Notification of malfunction h2 1 2 2 4 0.2 0.4 209.36

N. Request for startup of cold-idle 

battery i

N/A

O. Emission control work practice 

plan j

24 1 24 0 0 0 0 0

P. Revised emission control work 

practice plan
23

Burden item

A B C D E F G H

EPA

person-hours

per 

occurrence

Annual 

occurrences

per 

respondent

EPA

person-hours

per respondent

per year (AxB)

Respondents

per year a

Technical 

hours

per year

(CxD)

Management

hours per 

year

(Ex0.05)

Clerical 

hours

per year

(Ex0.10)

Annual 

cost

($) b

Q. Report of malfunction (including 

findings of whether work practices 

caused exceedances of emission 

limit) h

8 1 8 2 16 0.8 1.6 837.44

R. Semiannual compliance 

certifications k

2 2 4 19 76 3.8 7.6 3,978

S. Report of coke oven gas venting 

through bypass/bleeder stack flare l

2 1 2 1.6 3.2 0.16 0.32 167.49

T. Performance test results N/A

TOTAL ANNUAL BURDEN AND COST (ROUNDED) 116 5,261

N/A – Not Applicable

Assumptions:

a

 EPA estimates an average of 19 existing coke plants will operate 59 coke oven batteries over the next 3 years. Of these plants, 16 will operate 47 by-product 

batteries and 3 will operate 12 non‐recovery batteries. The distribution of by-product versus non-recovery batteries is based on historical ICR data showing 

that by-product batteries account for 80% of all coke oven batteries. Non-recovery batteries account for the remaining 20%.

b This ICR uses the following labor rates: $46.67 (technical), $62.90 (managerial), and $25.25 (clerical). These rates are from the Office of Personnel 

Management (OPM), 2014 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.

c

 This burden applies to new sources only. All existing sources have previously submitted initial compliance certifications.

d

 EPA assumes one existing plant will submit a notification to reconstruct a battery over the 3-year ICR period (3-yr average = 0.33 sites/yr = 1 site/3 yrs). We 

also assume that the design capacity of the reconstructed battery will not exceed that of its predecessor. Under the NESHAP, such sources are only required to 

submit a notification of battery reconstruction.

e

 This burden applies to new sources only. All existing sources have previously submitted this notification.

f

 None of the plants with cokeside sheds have applied for the alternative door standard.

g

 EPA assumes one plant will permanently close one of its batteries and submit the required notification over the 3-year ICR period (3-yr average = 0.33 sites/yr 

= 1 site/3 yrs).

h

 EPA assumes two plants per year may experience a malfunction, requiring EPA notification and a written report.

i

 None of the plants have batteries on cold idle.

j

 All existing sources have previously submitted this plan.

k

 All plants are required to submit semiannual compliance certifications.

l

 EPA expects 10% of the 16 by-product plants (1.6 plants) to experience a venting episode where emissions are released through bypass/bleeder stacks without 
24

flaring, requiring notification and a written report.

Note: Figures may not add exactly due to rounding.