1 SUPPORTING STATEMENT NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS (NESHAP) FOR AREA SOURCES: ELECTRIC ARC FURNACE STEELMAKING

FACILITIES (40 CFR part 63, subpart YYYYY) PART A 1.0 Identification of the Information Collection (a ) Title and Number of the Information Collection.

“NESHAP for Area Sources: Electric Arc Furnace Steelmaking Facilities (40 CFR part 63, subpart YYYYY) (Final Rule) .” This is a new information collection request (I CR). The Environmental Prote ction Agency (EPA) tracking number for this request is I CR number 2277.02

. (b ) Short Characterization. Potential respondents are owners or operators of electric arc furnace (EAF) steelmaking facilities that are area sources of hazardous air pollutants (HAP) emissions. The final standards establish particulate matter (PM) emission limits for control devices and opacity limits for melt shops; pollution prevention requirements for ferrous scrap that is melted in EAFs; and monitoring, reporting, and recordkeeping requirements. All respondents are required to comply with the compliance assurance monitoring requirements in 40 CFR part 64. Respondents must conduct initial performance tests (if a performance test has not been conducted in the previous 5 years) and operate according to a startup, shutdown, and malfunction plan. O ptions are provided for the pollution prevention requirements for scrap : (1) restrict the use of certain scrap that contains contaminants such as mercury , organic liquids, or lead ; or (2 ) implement a pollution prevention plan for scrap inspection and selection to limit the amount of organics, mercury , and lead in the scrap. The plans must include provisions to demonstrate compliance such as periodic inspections of incoming scrap and reco rdkeeping. All respondents are required to submit one

- time notifications, make semiannual compliance reports, and maintain records of specific information to ensure that the rule requirements are being achieved. These requirements are listed in Attachment 1. 2. Need For and Use of the Collection2

(a ) Need/Authority for the Collection

. Section 112(d) of the Clean Air Act (CAA) requires regulation of major and area sources of HAP that are listed for regulation under section 112(c). Additional requirement s for area sources are described in section 112(k). We implement the area source requirements through our Integrated Urban Air Toxics Strategy (64 FR 38715, July

19, 1999). The Integrated Urban Air Toxics Strategy

identifies 33 pollutants that pose the greatest public health concern in the largest number of urban areas along with the area sources that represent 90 percent of the emissions. We added EAF steelmaking facilities to the Integrated Urban Air Toxics Strategy area source category list on June 26 , 2002 (67 FR 43112). Area source standards established pursuant to the Integrated Urban Air Toxics Strategy may be based on the maximum achievable control technology

(MACT) under CAA section 112(d)(4) or generall y available control technology (GACT) unde r CAA section 112(d)(5). The area source standards for EAF steelmaking facilities reflect the application of GACT for emission limits and operating limits. Section 112(c)(6) requires EPA to list major and area source categories that emit any of seven sp ecific pollutants (one of which is mercury). We must assure that the listed source categories account for 90 percent of the aggregate emissions of each of the seven specific pollutants and that the listed source categories are, or will be, subject to MACT standards under section 112(d). Since the initial listing (April 10, 2998), we have found that EAF steelmaking facilities are a significant contributor to mercury emissions. Concurrent with th e proposed rule , we add ed EAF steelmaking facilities to the list of source categories under CAA section 112(c)(6). The work practice standards for EAF steelmaking facilities reflect the application of MACT for the control of mercury emissions. Certain records and reports are necessary for the Administrator to: (1) confirm the compliance status of area sources, identify new or reconstructed sources subject to the standards; and ensure that the standards are being achieved on a continuous basis. These recordkeeping and reporting requirements are specifically authorized by

section 114 of the CAA (42 U.S.C. 7414) and set out in the General Provisions for national emission standards for hazardous air pollutants (NESHAP) in 40 CFR Part 63, Subpart A. (b ) Use/Users of the Data. The information will be used by Agency enforcement personnel to ensure that the rule requirements are being achieved. Based on review of the recorded information at the site and the3

reported information, EPA can identify facilities that may

not be in compliance and decide which plants, records , or processes should be inspected. 3. Nonduplication, Consultations, and Other Collection Criteria (a ) Nonduplication. A computer search of the Federal Information Locator Sy stem indicated that, with the exception of the New Source Performance Standards for Electric Arc Furnaces (40 CFR Part 60, Subparts AA and Aaa), there are no similar information requests being carried out b y the Federal government. A similar search of EPA's ongoing ICR's revealed no duplication of information

gathering efforts. M ost of the requirements in the final standards have been adopted from the NSPS. Therefore, certain reports required b y the NSPS or State or local agencies may duplicate information required b y the final standards. In such cases, a cop y of the report submitt ed for the NSPS or to the State or local agency can be provided to the Administrator in lieu of the information that would be required in the semi

- annual compliance report. (b ) Public Notice Required Prior to ICR Submission to OMB. Public notice is given as part of the rulemaking process.

. (c) Consultations. These final standards were developed in consultation with State and local agencies, EPA Regional Office experts, individual plants, and their trade associations. For example, several meetings and t elephone consultations were held with representatives from the affected plants, and their trade associations. The non

- EPA persons consulted on the information collection activities are identified in Table 1. TABLE 1. PERSONS CONSULTED ON THE INFORMATION COLLECTI ON ACTIVITIES Contact Organization Telephone Number Eric Stuart Steel Manufacturers’ Association 202

- 296

- 1515 Jim Schultz American Iron and Steel Institute 202

- 452

- 7180 John Wittenborn Counsel for the Specialty Steel Industry of North America 2 02

- 342

- 8514

( d) Effects of Less Frequent Collection. If the relevant information were collected less frequently , EPA would not be reasonabl y assured that a plant is in compliance with the standards.4

(e) General Guidelines

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

-- Confidenti ality

of Business Information (see 40 CFR 2; 41 FR 36902, September 1, 1976; amended b y 43 FR 39999, September 28, 1978; 43 FR 42251, September 28, 1978; 44 FR 17674, March 23, 1979). (g ) Sensitive Questions. This I CR does not involve matters of a sens itive nature. 4. The Respondents and the Information Requested (a ) Respondents/NAIC Codes

. Potential respondents are owners or operators of new or existing EAF steelmaking facilities that are area sources of HAP . We estimate that 9 1 plants w ill be subjec t to the testing, monitoring, notification, reporting, and recordkeeping requirements; no new facilities are expected during the 3

- ye ar clearance period of this I CR. The NAICS codes for this industry is 331111, “Iron and Steel Mills”. (b ) Information R equested. (i ) Data Items, Including Recordkeeping Requirements. Attachment 1, Source Data and In formation Requirements, summarizes the proposed information collection requirements. (ii) Respondent Activities. The respondent activities required b y the proposed amendments are identified in Table 2 and introduced in section 6(a). 5. The Information Collected

–Agency Activities, Collection Methodology, and Information Management (a ) Agency Activities. A list of Agency

activities is provided in Table 3 and introduced in section 6(c). (b ) Collection Methodology and Management

. Data obtained during periodic visits by EPA personnel, from records maintained by the respondents, and from information provided in notifications will be tabulated and published for internal EPA use in compliance and enforcement programs. Records of measurements, maintenance, reports, and records must be retained for two years following the date of the item.5

c) Small Entity Flexibility. A small entity

for this industry

is defined by

the Small Business Administration as a firm having no more than 1,000 employees. Of the 91 facilities that will be subject to the rule, two facilities are considered to be small entities. Although the final rule would not have a significant economic impact on th e small entities , we nonetheless tried to reduce the impact of the rule on small facilities. We held several meetings with industry

trade associations and company representatives to discuss the rule and have included provisions to address their concerns. (d ) Collection Schedule

. In formation contained in the periodic reports submitted to the EPA will be entered into the Aerometric Information Retrieval System (AIRS) database which is operated and maintained by EPA’s Office of Air Quality Planning and Standards. Information contained in the one

- time only reports will be entered into the National Compliance Data Sy stem operated and maintained by EPA’s Office of Enforcement and Compliance Assurance. Data obtained during periodic visits by Agency personn el from records maintained by the respondents will be tabulated and published for internal EPA use in enforcement and compliance programs. A schedule for collection of information and publication of data is not applicable because reports are triggered by actions of the respondents. 6. Estimating the Burden and Cost of the Collection (a ) Estimating Respondent Burden. The annual burden estimates for the additional recordkeeping and reporting requirements in the final rule are shown in Table 2. These numbers were derived from estimates based on EPA’s experience with other standards. (b ) Estimating Respondent Costs. (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 were taken from the United States Department of Labor, Bureau of Labor Statistics, May 2006, “ Occupational Employ ment Statistics” available at www.bls.gov

. Wages for occupational groups in NAI CS 331100 (Iron and Steel) are used as the basis for the labor rates with a total compensation of $ 32.93 /hour for technical (environmental engineer) , $4 5.91 /hour for environmental manager , and $ 13.76 /hour for clerical. These rates represent6

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 hourl y wage rates used to represent respondent labor costs are: technical at $ 52.69 , management at $7 3.46 , and c lerical at $ 2.02

. (ii) Estimating Capital and Operations and Maintenance (O& M) Costs . As shown in Table 2, no (zero) capital/startup or O&M costs are associated with the rule over the 3

- ye ar period of this I CR. (iii) Capital/Startup vs. O& M Costs . The estimate of capital/startup costs vs. O&M costs is shown in Table 2. No (zero) O&M costs are associated with the rule over the 3

- ye ar period of this I CR. (iv) Annualizing Capital Costs

. As shown in Table 2, no (zero) annualized costs are associated with the rule during the 3

- year period of this I CR. (c) Estimating Agency Burden and Cost

. Because the information collection requirements were developed as an incidental part of standards development, no costs can be attributed to the development of the information collection requirements. Because reporting and recordkeeping requirements on the part of the respondents are required under the NESHAP General Provisions, no operational costs will be incurred b y the Federal Government. Publication and distribution of the information are part of the Compliance Data S ys tem, with the result that no Federal costs can be directly attributed to the I CR. Examination of records to be maintained by the respondents will occur incidentally as part of the periodic insp ection of sources that is part of EPA's overall compliance and enforcement program, and, therefore, is not attributable to the I CR. The only costs that the Federal government will incur are user costs associated with the anal ys is of the reported informati on, as presented in Table 3. The Agency

labor rates are from the Office of Personnel Management (OPM) 200 7 General Schedule which excludes locality rates of pay . These rates are from Salary Table 200 7

- GS available on the OPM website, https://www.opm.gov/oca/07tables/html/gs_h.asp . The government emplo yee labor rates are $14. 16 /hour for clerical (GS

- 6, Step 3), $ 29.98 for technical (GS

- 12, Step 1), and $3 6.36 /hr for management (GS

- 13, Step 5) . These rates were increased b y 60 percent to include fringe benefits and overhead. The fully

- burdened wage rates7

used to represent Agency labor costs are: clerical at $22. 6 6; technical at $4 3.14 , and management at $5 8.18

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

. The EPA estimates that 9 1 area source plants with EAF steelmaking facilities w ill be subject to the rule requirements. No new respondents are anticipated during the next 3 years. Therefore, the average annual number of respondents is 30.3 . Details on the number of respondents affected b y each individual burden item are provided in the footnotes of Table 2. The total number of annual responses for the final rule is 24 3 . This number is calculated from the number of respondents subject to one - time (initial) notification requirements ( 91 ) multiplied by

the number of initial reports (2 over 3 years = 0.67 per ye ar) , plus the number of respondents (91) multiplied by the number of semiannual reports ( 2 per ye ar). (e) Bo ttom 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 b y adding down the cost column. The average annual burden for the monitoring, recordkeeping, and reporting requirements in the rule is 2,3 93 person hours with an annual average cost of $ 121,573 with no annual capital and O&M costs. (ii) The Agency tally. The average annual Federal Government cost for the existing rule is $ 8,859 for 192 total annual hours. The bottom line Agency burden hours and costs for the final rule , presented in Table 3, are calculated by adding person

- hours per year down each column for technical, managerial, and clerical staff, and b y adding down the cost column. In this case, total cost is the sum of this total salary cost and total travel expenses for tests attended. (iii) Variations in the annual bottom line. This section do es not appl y 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 Statement8

The average annual respondent burden per facility is estimated at 79 hours. 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 s ys tems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing way s to comply with any previousl y 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. To comment on the Agency ’s need f or this information the accuracy of the provided burden estimates, and any suggestions for minimizing respondent burden, including through the use of automated collection techniques, EPA has established a public docket for this I CR under Docket ID No. EPA

- HQ

- OAR

- 2004

- 0083, which is available for public viewing at the Air and Radiation Docket and Information Center in the EPA Docket Center (EPA/DC), EPA West, Room 3334 , 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday , excluding legal holiday s. The telephone number for the Reading Room is (202) 566

- 1744, and the telephone number for the Air Docket is (202) 566

- 1742. An electronic version of the public docket is available at www.regulations.gov. This site can be used to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronicall y. When in the system, select “search,” then key in the Docket ID Number identified above. Also, you can send comments to the Office of In formation and Regulatory Affairs, Office of Management and Budget, 725 17 th Street, NW, Washington, DC 20503, Attention Desk Officer f or EPA. Please include the EPA Docket ID No. EPA

- HQ

- OAR

- 2004

- 0083 and OMB Control Number 2060

-NEW in any correspondence. PART B This section is not applicable because statistical methods are not used in data collection associated with the proposed standards.9 TABLE 2. ANNUAL RESPONDENT BURDEN AND COST OF REPORTING AND RECORDKEEPING REQUIREMENTS OF THE PROPOSED STANDARDS Burden item (A) Person
hours per occurrence (B) No. of

occurrences per respondent (C) Person
hours per respondent (C=A*B) (D)

Responden ts per year a (E) Technical

person - hours per year (E=C*D) (F) Management

person - hours per year (E*0.05) (G) Clerical

person - hours per year (E*0.1) (H)

Cost b , $

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

4. Reporting Requirements A. Read instructions 8 1 8 30.3 242 12 24 $14,196 B. Required activities Prepare scrap plan and scrap specifications 4 1 4 30.3 121 6.1 12 $7,098 Initial performance tests c C. Create information See 4B D. Gather existing information See 4B E. Write report See 4B Initial notification of applicability 2 1 2 30.3 61 3.0 6.1 $3,549
Notification of compliance status 2 1 2 30.3 61 3.0 6.1 $3,549 Request for compliance extension N/A
Notification of performance testc Startup, shutdown, and malfunction plan/reports 4 1 4 30.3 121 6.1 12 $7,098

Semiannual excess emissions reports 2 2 4 91 364 18.2 36 $21,317
5. Recordkeeping Requirements A. Read instructions See 4A B. Plan activities See 4A10 Burden item (A) Person
hours per occurrence (B) No. of

occurrences per respondent (C) Person
hours per respondent (C=A*B) (D)

Responden ts per year a (E) Technical

person - hours per year (E=C*D) (F) Management

person - hours per year (E*0.05) (G) Clerical

person - hours per year (E*0.1) (H)

Cost b , $

C. Implement activities See 4A D Develop record sy stem 4 1 4 30.3 121 6.1 12 $7,098
E. Time to enter information 0.5 52 26 30.3 788 39 79 $4 6,135
F. Time to transmit or disclose information 0.25 2 1 30.3 15 0.8 1.5 $887 G. Time to adjust existing ways 2 1 2 30.3 61 3.0 6.1 $3,549
F. Time to train personnel 4 1 4 30.3 121 6.1 12 $7,098
G. Time for audits N/A TOTAL LABOR BURDEN AND COST 2,3 93 hrs $121,573 Annualized cost of capital d $0 Operation and maintenance (O&M) d $0 Total (capital recovery plus O&M) d $0 N/A = not applicable.
a There are 9 1 EAF steelmaking facilities . The average numb er of respondents per year for one time events over the 3

- year period of the ICR is 3 0.3 ( 9 1 ÷3= 3 0.3 ). b This ICR uses the following labor rates: $ 7 3.46 for managerial labor, $ 52.69 for technical labor, and $ 22.02 for clerical labor. These rates are from the U.S. Department of Labor, Bureau of Labor Statistics, May 200 6 , for NAICS 331100 (Iron and Steel). The rates have been increased by 6 0% to account for overhead

. c All plants have conducted performance tests within the previous 5 years. No additional performance tests are attributed to the proposed rule. d All plants already have installed monitoring equipment as a result of the compliance assurance monitoring rule (40 CFR part 6 4) and their title V permit requirements. The proposed rule will not req uire any additional monitoring equipment.11 TABLE 3. ANNUAL BURDEN AND COST TO THE FEDERAL/STATE GOVERNMENT OF THE PROPOSED STANDARDS
Burden Item (A) Person hours per occurrence (B) Occurrences

per respondent (C) Plants

per year a (D) Technical

hours/year (D=A*B*C) (E) Managem ent hours/year (E=0.05*D) (F) Clerical
hours/year (F=0.1*D) (G)

Cost b , $ Report Review: Initial notification of applicability 1 1 30.3 30.3 1.5 3.0 $1,610 Startup, shutdown, malfunction plan/report 2 1 30.3 60.6 3.0 6.1 $3,2 20

Notification of compliance status 1 1 30.3 30.3 1.5 3.0 $1,610
Semiannual excess emissions report 0.5 1 91 46 2.3 4.6 $2,418
TOTAL BURDEN AND COST 192 $8,859

a There are 91 EAF steelmaking facilities . The average number of respondents p er year for one time events over the 3

- year period of the ICR is 30.3 ( 91 ÷3= 30.3 ). b This ICR uses the following average hourly labor rates: 58.18 for managerial (GS

- 13, Step 5, $36.36 x 1.6), $43.14 (GS

- 12, Step 1, $29.98 x 1.6) for technical and $22.66 ( GS

- 6, Step 3, $14.16 x 1.6) for clerical. These rates are from the Office of Personnel Management (OPM) “ 2007 General Schedule ” which excludes locality rates of pay.12

ATTACHMENT 1. SOURCE DATA AND INFORMATION REQUIREMENTS
Requirement Regulation cit ation General Provisions citation Record retention STUDIES AND PLANS Scrap management plan 63.10 685(a)(1) and (b)(1) Kept onsite at all times Startup, shutdown, and malfunction plan 63.6(e)(3) Kept onsite at all times REPORTS Notification of applic ability 63.9(b)(1) 5 years Notification of construction/reconstruction 63.9(b)(4) 5 years Compliance extension 63.9(c) 5 years Notification of special requirements 63.9(d) 5 years Notification of performance test 63.9(e) 5 years Notification of opacity observations 63.9(f) 5 years Additional COMS notifications 63.9(g) 5 years Notification of compliance status 63.10690(b) 63.9(h) 5 years Semiannual compliance report 63.10685(c) 5 years Startup, shutdown, malfunction report 63.10(d)(5)(ii) 5 years RECORDKEEPING Notifications and reports 63.10(b)(2)(xiv) 5 years Startups, shutdowns, malfunctions 63.6(e)(1)(iii)

- (v) 5 years Performance tests, performance evaluations, and opacity observations 63.10(b)(2)(viii)

- (ix) 5 years Emission/op erating limits 63.10(b)(2)(vii) 5 years Scrap management requirements 63.10685(c) 63.10(b)(2)(iii) 5 years Continuous monitoring systems 63.10(b)(2)(vi)

- (vii), (x)

- (xi) 63.10(c) ; 63.6(h)(7); 63.8(d)(3) 5 years