### 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 Fede ral 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 concentr ate, or as an alternative, demonstrate thatthey 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 merc ury emissions tests of process stacks at affected sources. Monitoring requirements for roasters would include either continuous

### 2 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 me rcury 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, a nd 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

### 3 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 speci fically 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.

### 4 (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 Depa rtment 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 Go ld 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.

### 5 (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 Nort h 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 Ac tivities, 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

### 6 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.

### 7 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 industr y (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: techni cal 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

.

### 8 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 attr ibutable 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 mana gement (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

### 9 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

### 10 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 informati on, 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.11TABLE 2. ANNUAL RESPONDENT BURDEN AND COSTSBurden item (A) Personhours peroccurrence(B) No. ofoccurrences perrespondent(C) Personhours perrespondent(C=A*B)(D)Respondentsper year(E) Technicalperson-hoursper year(E=C*D)(F) Managementperson-hours peryear (E*0.05)(G) Clericalperson-hoursper year(E*0.1)(H)Costa, $1. Applications N/A2. Surveys and Studies N/A3. Acquisition,Installation, andUtilization ofTechnology andSystemsN/A4. ReportingRequirementsA. Read instructions 8 1 8 7b56 2.8 5.6 $3,258B. Required activitiesAnnual performancetests (Method 29)120 1 120 4.67c560 28.00 56.0 $32,580Continuous EmissionMonitoring2 365 730 1.33d973.3 48.7 97.3 $56,627Weekly sampling forroasters4 52 208 0.33e69.3 3.5 6.9 $4,034Monthly sampling andanalysis for carbon beds4 12 48 34.3f1648.0 82.4 164.8 $95,878C. Create information See 4BD. Gather existinginformationSee 4BE. Write report See 4BInitial notification ofapplicability2 1 2 7b14 0.7 1.4 $814Notification ofcompliance status2 1 2 7b14 0.7 1.4 $814Request for complianceextensionN/ASite-specific test plan 4 1 4 7b28 1.4 2.8 $1,629Quality assurance planfor CEMS8 1 8 1.3d11 0.5 1.1 $621Notification ofperformance test2 1 2 7b14 0.7 1.4 $81412Burden item (A) Personhours peroccurrence(B) No. ofoccurrences perrespondent(C) Personhours perrespondent(C=A*B)(D)Respondentsper year(E) Technicalperson-hoursper year(E=C*D)(F) Managementperson-hours peryear (E*0.05)(G) Clericalperson-hoursper year(E*0.1)(H)Costa, $Startup, shutdown, andmalfunctionplan/reports4 1 4 7b28 1.4 3 $1,629Semiannual excessemissions reports2 2 4 0.7g2.8 0.14 0.28 $1635. RecordkeepingRequirementsA. Read instructions See 4AB. Plan activities See 4AC. Implement activities See 4AD Develop recordsystem4 1 4 7b28 1.4 3 $1,629E. Time to enterinformation0.5 52 26 7b182 9 18 $10,588F. Time to transmit ordisclose information0.25 2 1 7b4 0.2 0.4 $204G. Time to adjustexisting ways2 1 2 7b14 0.7 1.4 $814F. Time to trainpersonnel4 1 4 7b28 1.4 3 $1,629G. Time for audits N/ATOTAL LABOR BURDEN AND COST4,225 hours $213,726Annualized cost of capitalh$191,000Operation and maintenance (O&M)i$65,000Total (capital recovery plus O&M)$256,000aThis ICR uses the following labor rates based on Bureau of LaborStatistics (BLS) data for private industry workers in the mining industry (NAICS 212200): $32.13/hour fortechnical (environmental engineer), $50.15/hourfor managerial, and $17.24/hour for clerical. For an overhead rate of 60 percent, the fully-burdened hourly wage rates are:technical at $51.41, management at$80.24, and clerical at $27.58.bWe estimate 21 facilities will be subject tothe rule and will perform these activities over the 3-year term of the ICR (21/3 =7 respondents per year).cThe rule will require additional Method 29 stack sampling for mercury for 14 process units outside of Nevada (14/3 = 4.67 respondents per year).dAssumes 4 of 5 roaster stacks will be equipped withmercury CEMS (4/3 = 1.33 respondents per year).eAssumes 1 of 5 roaster stacks will monitor weekly using sorbent traps (1/3 = 0.33 respondents per year).fApproximately 103 stacks with carbon adsorbers will be monitoredmonthly using sorbent traps (103/3 = 34.3 respondents per year).gAssumes 10 percent of the facilities will submit excessemission reports (21*0.1/3 =0.7 respondents per year).hA 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.ILabor for O&M costs are included in the burden estimates above.These O&M costs are for materials and supplies (e.g., sorbenttrap tubes, calibration standards) estimated as5% of the installed capital costs ($1.3 million).13TABLE 3. ANNUAL BURDEN AND COST TO THE AGENCYBurden Item (A) Person hoursper occurrence(B) Occurrencesper respondent(C)Plantsper year(D) Technicalhours/year(D=A*B*C)(E) Managementhours/year(E=0.05*D)(F) Clericalhours/year(F=0.1*D)(G)Costa, $Report Review:Initial notificationof applicability1 1 7b7.0 0.4 0.7 $363Deviation reports N/AStartup, shutdown,malfunctionplan/report2 1 7b7.0 0.4 0.7 $363Notification ofcompliance status2 1 7b7.0 0.4 0.7 $363Semiannual excessemissions report1 2 7b14.0 0.7 1.4 $726TOTAL BURDEN AND COST 40.3 hours $1,814aThese rates were be obtained from SalaryTable 2010-GS available on the OPM website,http://www.opm.gov/oca/10tables/pdf/gs_h.pdf: $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. Thefully-burdened wage rates used to represent Agency labor costsare: clerical at $25.01; technical at $46.21, and management at$62.27.bWe estimate 21 gold mine ore processing facilities will be subjectto the rule and will perform these activities over the 3-year term of the ICR (21/3 = 7 respondents per year).14ATTACHMENT 1. INFORMATION REQUIREMENTSRequirement for new and existing sourcesRule citation Citation for NESHAPgeneral provisionsAnnual performance test for mercury emissions§63.11646(a) and (b) 40 CFR 63.7Monitoring for roasters§63.11647(a), (b), (c) NAMonitoring for carbon adsorbers§63.11647 (f), (g) NAMonitoring for wet scrubbers§63.11647(h)NANotification of applicability§63.11648(a) 40 CFR 63.9(b)(2)Notification of construction/reconstruction1NA 40 CFR 63.9(b)(5)Notification of specialcompliance requirements1NA 40 CFR 63.9(d)Notification of performance testTable 1 40 CFR 63.9(c)Notification of opacity observationsNA 40 CFR 63.9(f)Additional CMS notificationsNA 40 CFR 63.9(g)Notification of compliance status§63.11648(b) 40 CFR 63.9(h)(1)Notification of changes in information1NA 40 CFR 63.9(j)Malfunction reports§63.11648(d) NAPerformance test planTable 1 40 CFR 63.7(c)(2)CMS quality control planNA 40 CFR 63.8(d)CMS performance evaluation test plan/report NA 40 CFR 63.8(e)Records to support notifications§63.11648(e)(1) 40 CFR 63.10(b)(2)Records of monitoring data§63.11648(e)(2) NARecords of monthly ore and concentratethroughput, operating hours for each process unit§63.11648(e)(3) NACompliance report if deviation occurs§63.11648(c) 40 CFR 63.10(e)(3)1Requirement is not expected to occur during the 3-year term of this ICR