SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

NSPS for Nitric Acid Plants (40 CFR Part 60, Subpart G) (Renewal)

1. Identification of the Information Collection

1(a) Title of the Information Collection

NSPS for Nitric Acid Plants (40 CFR Part 60, Subpart G) (Renewal)

1(b) Short Characterization/Abstract

The New Source Performance Standards (NSPS) for nitric acid plants were proposed on 

August 17, 1971, and promulgated on June 14, 1974. These standards apply to nitric acid 

production units which commenced construction, modification or reconstruction after the date of 

proposal. Nitrogen oxide (NOx) is the pollutant regulated under this subpart. The standards limit 

nitrogen oxides, expressed as NO2, in excess of 1.5 kilograms per metric ton of acid produced (3.0 

lb. per ton), and limit opacity to 10 percent.

Owners or operators of the affected facilities described must make the following 

one-time-only reports: notification of the date of construction or reconstruction; notification of the 

actual dates of startup; notification of any physical or operational change to an existing facility

which may increase the regulated pollutant emission rate; notification of demonstration of the 

continuous monitoring system (CMS); notification of the date of the initial performance test; and 

the results of the initial performance test. Owners or operators are 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 required, in general, of all sources subject to NSPS.

Monitoring requirements specific to nitric acid plants provide information on nitrogen 

oxide emissions. The owners or operators are required to record the production rate of nitric acid 

produced, the hours of operation of the source, and the levels of nitrogen oxides emitted into the 

atmosphere. Owners or operators of affected facilities are required to install, calibrate, maintain, 

and operate a continuous monitoring system for the measurement and recording of nitrogen oxides. 

Recordkeeping requirements for nitric acid plants consist of the occurrence and duration of any

startup and malfunctions as described. They include the initial performance test results including 

information necessary to determine the conditions of the performance test, and performance test 

measurements and results, including the emission rate and concentration of NOx and the 

volumetric flow rate of the effluent gas. Records of startups, shutdowns, and malfunctions should 

be noted as they occur. Any owner or operator subject to the provisions of this subpart will 

maintain a file of all measurements, including continuous monitoring system, monitoring device 

and performance testing measurements; all continuous monitoring system performance 

evaluations; all continuous monitoring system or monitoring device calibration checks; and all 

other information required by this part, recorded in a permanent form suitable for inspection.
2

The reporting requirements for this industry currently include the initial notifications listed, 

the initial performance test results, and semiannual reports of instances of excess emissions and a 

monitoring system performance report. Periods of excess emissions will be reported and are 

defined as any three-hour period during which the average nitrogen oxides emissions (arithmetic 

average of three contiguous one-hour periods) as measured by a continuous emission monitoring 

system exceed the standard. Semiannual excess emission reports and monitoring system 

performance reports will include the date and time of the exceedence or deviation, the nature and 

cause of the malfunction (if known) and corrective measures taken, and identification of the time 

period during which the CMS was inoperative (this does not include zero and span checks or 

typical repairs/adjustments).

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 EPA regional office. Notifications are 

used to inform the Agency or delegated authority when a source becomes subject to the standard. 

The reviewing authority may then inspect the source to verify if the standard is being met. 

Performance test reports are needed as these are the Agency's records of a source's initial capability

to comply with the emission standard, and to note the operating conditions under which 

compliance was achieved. The semiannual reports are used for problem identification, as a check 

on source operation and maintenance, and for compliance determinations.

Owners or operators subject to the provisions of this part will maintain a file of these 

measurements, and retain the file for at least two years following the date of such measurements, 

maintenance reports, and records.

Approximately 24 sources are currently subject to the standard, and it is estimated that an 

additional one source per year will become subject to the standard over the next three years due to 

the modification or reconstruction of an existing affected facility.

The Office of Management and Budget (OMB) approved the current Information 

Collection Request (ICR) without any ATerms of Clearance.@

The burden to the “Affected Public” may be found in Table 1: Annual Respondent Burden 

and Cost – NSPS for Nitric Acid Plants (40 CFR Part 60, Subpart G). The burden to the “Federal 

Government” is attributed entirely to work performed by Federal employees or government 

contractors; this burden may be found in Table 2: Average Annual EPA Burden – NSPS for Nitric 

Acid Plants (40 CFR Part 60, Subpart G). 

2. Need for and Use of the Collection

2(a) Need/Authority for the Collection

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

establish standards of performance for new stationary sources that reflect:
3

. . . application of the best technological system of continuous 

emissions reduction which (taking into consideration the cost of 

achieving such emissions reduction, or any non-air quality health 

and environmental impact and energy requirements) the 

Administrator determines has been adequately demonstrated. 

Section 111(a)(l).

The Agency refers to this charge as selecting the best demonstrated technology (BDT). Section 

111 also requires that the Administrator review and, if appropriate, revise such standards every

four years.

2(b) Practical Utility/Users of the Data

The control of emissions of NOx from nitric acid plants requires not only the installation of 

properly designed equipment, but also the operation and maintenance of that equipment. 

Emissions of nitrogen oxide from nitric acid plants are the result of operation of the affected 

facilities. The subject standards are achieved by the reduction of pollutant emissions using control 

technology and leak detection and repair procedures. The notifications required in the applicable 

regulations are used to inform the Agency or delegated authority when a source becomes subject to 

the requirements of the regulations. The reviewing authority may then inspect the source to ensure 

that the pollution control devices are properly installed and operated, that leaks are being detected 

and repaired, and that the regulations are being met.

Performance test reports are needed as these are the Agency records of a source's initial 

capability to comply with the emission standards, and serve as a record of the operating conditions 

under which compliance was achieved. The semiannual reports are used for problem identification, 

as a check on source operation and maintenance, and for compliance determinations. The 

information generated by the (monitoring, recordkeeping and reporting) requirement described in 

this ICR is used by the Agency to ensure that facilities affected by the NSPS continue to operate the 

control equipment in compliance with the regulation. Adequate monitoring, recordkeeping, and 

reporting are necessary to ensure compliance with the applicable regulations, as required by the

Clean Air Act. The information collected from recordkeeping and reporting requirements is also 

used for targeting inspections, and is of sufficient quality to be used as evidence in court.

3. Nonduplication, Consultations, and Other Collection Criteria

The requested recordkeeping and reporting are required under (40 CFR part 60, subpart G).

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 their 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 
4

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 (74 FR 38004) on July 30, 2009. No comments were received on the burden 

published in the Federal Register.

3(c) Consultations

While renewing the previous ICR, the preparer of the active ICR and the most recent data 

available on the Air Facility System (AFS) database were referenced. In addition, information 

available from the Office of Compliance Sector Notebook AProfile of the Agricultural Chemical, 

Pesticide, and Fertilizer Industry, the United States Census Bureau via the internet, and other 

websites covering nitric acid were reviewed. The EPA Office of Air Quality Planning and 

Standards, Information Transfer and Program Integration Division was consulted. The following 

contacts were also made: The Fertilizer Institute (TFI), Mr. Bill Herz, (202) 515-2706; Agrium, 

Mr. Robert Williams, (559) 627-5553; Costal Chemical, Ms. Barbara Cabot, (307) 637-2700; and 

BP Chemicals, Incorporated, Mr. Kevin Sprague, (419) 226-1200.

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 a useful technique 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 likelihood of detecting poor operation and maintenance of control equipment and 

noncompliance would decrease.

3(e) General Guidelines

None of these reporting or recordkeeping requirements violate any of the regulations 

established by OMB at 5 CFR part 1320, section 1320.5.

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 (CBI) (see 40 CFR part 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

None of the reporting or recordkeeping requirements contain sensitive questions.
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4. The Respondents and the Information Requested

4(a) Respondents/SIC and NAIC Codes

The respondents to the recordkeeping and reporting requirements are nitric acid plants. 

The United States Standard Industrial Classification (SIC) code for the respondents affected by the 

standard is 2873, which corresponds to the North American Industry Classification System 

(NAICS) 325311 code for nitric acid.

4(b) Information Requested

None of these reporting or recordkeeping requirements violate any of the regulations 

established by OMB at 5 CFR part 1320, section 1320.5.

(i) Data Items

All data in this ICR that are recorded and/or reported are required by New Source 

Performance Standards (NSPS) for Nitric Acid Plants (40 CFR part 60, subpart G).

A source must make the following reports:

Notifications Standard Citation 

by Section

Notification of construction or modification application 60.6(a)

Initial notifications 60.7(a)(3)

Notification of actual startup 60.7(a)(3)

Initial performance test 60.8(d)

Initial performance test results 60.8(a)

Rescheduled initial performance test 60.8(d)

Demonstration of continuous monitoring system 60.7(a)(5)

Compliance status 60.7 (a)(7)

Physical or operational change 60.7(a)(4)

Opacity or visible emissions 60.7(a)(6)

Periodic startup, shutdown, malfunction reports 60.7(b)

Source status report 60.7(c)

Reports Standard Citation 

by Section

Semiannual 60.7(c)
6

A source must make the following records:

Recordkeeping for 40 CFR part 60, subpart G

Startup, shutdowns, malfunctions, periods where the continuous 

monitoring system is inoperative

60.7(b)

Emission test results and other data needed to determine emissions 60.7(c)

All reports and notifications 60.19

Record of applicability 60.70

Records of sources with continuous monitoring systems (CMS) 60.7(c)

Maintain records for two years 60.7(f)

Electronic Reporting

Currently, sources are using monitoring equipment that provides parameter data in an 

automated way, e.g., leaks and spills of mercury. Although personnel at the source still need to 

evaluate the data, this type of monitoring equipment has significantly reduced the burden 

associated with monitoring and recordkeeping. In addition, some regulatory agencies are setting 

up electronic reporting systems to allow sources to report electronically which is reducing the 

reporting burden. However, electronic reporting systems are still not widely used by the regulatory

agencies. It is estimated that approximately 10 percent of the respondents use electronic reporting.

(ii) Respondent Activities

Respondent Activities

Read instructions.

Install, calibrate, maintain, and operate CMS for opacity.

Perform initial performance test, Reference Method 7, and repeat performance tests if necessary.

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 existing ways to comply with any previously applicable instructions and requirements.

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 
7

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 Air Facility System (AFS).

5(b) Collection Methodology and Management

Following notification of startup, the reviewing authority might 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 and note the operating conditions under which compliance was 

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

compliance and enforcement programs. The semiannual reports are used for problems 

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

determinations.

Information contained in the reports is entered into the AFS which is operated and 

maintained by the EPA Office of Compliance. AFS is the EPA database for the collection, 

maintenance, and retrieval of compliance and annual emission inventory data for over 100,000 

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.

The records required by this regulation must be retained by the owner or operator for two 

years.

5(c) Small Entity Flexibility

A majority of the affected facilities are large entities (e.g., large businesses). The number 

of small entities in the affected population could not be determined based on a review of available 

sources including those in the rulemaking dockets and EPA’s publications Review of New Source 

Performance Standards for Nitric Acid Plants (EPA-450/3-84-011) and A Review of Standards of 

Performance for New Stationary Sources – Nitric Acid Plants (EPA-450/3-79-013). However, the 

possible 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 
8

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 requirements the minimum 

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 Table 1: Average Annual Industry Burden and Costs for NSPS for Nitric Acids (40 CFR part 60, 

subpart G).

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. Wherever 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 1,291 (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 NSPS 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: $93.09 per hour for Executive, Administrative, 

and Managerial labor; $64.13 per hour for Technical labor, and $39.65 per hour for Clerical labor. 

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

“September 2003, Table 10. Private Industry, by Occupational and Industry group”. The rates are 

from column 1, “Total Compensation”. The rates have been increase by 110 percent to account for 

the benefit packages available to those employed by private industry.

Managerial $93.09 ($44.33 + 110%)

Technical $64.13 ($30.54 + 110%)

Clerical $39.65 ($18.88 + 110%)
9

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

The type of industry costs associated with the information collection activities in the 

subject standard are both labor costs which are addressed elsewhere in this ICR and the costs 

associated with continuous monitoring. The capital/startup costs are one-time costs when a facility

becomes subject to the regulation. The annual operation and maintenance costs are the ongoing 

costs to maintain the monitors and other costs such as photocopying and postage.

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

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

(A)

Continuous 

Monitoring 

Device

(B)

Capital/Startup 

Cost for One 

Respondent

(C)

Number of 

New

Respondents 

(D)

Total 

Capital/Startup 

Cost,

(B X C)

(E)

Annual 

O&M 

Costs for 

One 

Respondent

(F)

Number of 

Respondents 

with O&M

(G)

Total 

O&M,

(E X F)

NOx $68,000 1 $68,000 $100,000 24 $2,400,000

The total capital/startup costs for this ICR are $68,000. This is the total of column D in the 

above table. 

The total operation and maintenance (O&M) costs for this ICR are $2,400,000. This is the 

total of column G.

The average annual cost for capital/startup and operation and maintenance costs to industry

over the next three years of the ICR is estimated to be $2,468,000.

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 $4,915 

(rounded). This cost is based on the average hourly labor rate at a GS-12, Step 1, times a 1.6 

benefits multiplication factor to account for government overhead expenses for a total of $39.49 

per hour.

These rates are from the Office of Personnel Management (OPM) A2003 General Schedule@

which excludes locality rates of pay. Details upon which this estimate is based appear in Table 2: 

Average Annual EPA Burden and Costs - NSPS for Nitric Acid Plants (40 CFR part 60, subpart 

G), below.
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6(d) Estimating the Respondent Universe and Total Burden and Costs

Based on our research for this ICR, approximately 24 existing sources are currently subject 

to the standard. It is estimated that an additional one affected facility at an existing source per year 

will become subject to the regulation over the next three years.

Number of respondents is calculated using the following table which 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

(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 

(with initial notification 

requirements)

(E)

Number of 

Respondents

(E=A+B+C-D)

1 1 23 0 1 23

2 1 24 0 1 24

3 1 25 0 1 25

Average 1 24 0 1 24

To avoid double-counting respondents, column D is subtracted. As shown above, the average 

Number of Respondents over the three year period of this ICR is twenty-four.

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

Total Annual Responses

(A)

Number of 

New

Respondents

(B)

Number of 

Reports for 

New

Respondents

(C)

Number of 

Existing 

Respondents

(D)

Number of 

Reports for 

Existing 

Respondents

(F)

Number of Existing 

Respondents That 

Keep Records But Do 

Not Submit Reports

(E)

Total Annual 

Responses 

E=(AxB)+(CxD)+F

1 3 24 2 0 51

The number of Total Annual Responses is 51.

The total annual labor costs are $81,639. Details regarding these estimates may be found 

in Table 1: Average Annual Industry Burden and Costs, NSPS for Nitric Acid Plants (40 CFR part 

60, subpart G), below.

The total annual capital/startup and O&M costs to the regulated entities are $2,468,000. 

These costs are detailed in Section 6(b)(iii), Capital/Startup vs. Operation and Maintenance (O&M) 
11

Costs.

6(e) Bottom Line Burden Hours Burden Hours and Cost Tables

The bottom line burden hours and cost tables for both the Agency and the respondents are 

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

is estimated to average 25 hours per response.

6(f) Reasons for Change in Burden

There is no change in the labor cost to the respondents in this ICR compared to the previous 

ICR. This is due to two considerations. First, the regulations have not changed over the past three 

years and are not anticipated to change over the next three years. Secondly, the growth rate for the 

industry is very low, negative or non-existent. Therefore, the cost figures in the previous ICR 

reflect the current burden to the respondents and are reiterated in this ICR. Due to rounding-up in 

Table 1, there is an increase of one hour in the total labor hours to the respondents. 

6(g) Burden Statement

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

estimated to average 25 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-2009-0525. An electronic version of the public docket is available 

at http://www.regulations.gov/ which may be used to obtain a copy of the draft collection of 

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

and to access those documents in the public docket that are available 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 Avenue, N.W., Washington, D.C. 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 
12

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

docket center is (202) 566-1752. Also, you can send comments to the Office of Information and 

Regulatory Affairs, Office of Management and Budget, 725 17th Street, N.W., Washington, D.C. 

20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number 

EPA-HQ-OECA-2009-0525 and OMB Control Number 2060-0019 in any correspondence. 

Part B of the Supporting Statement

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

this information. 
Table 1: Annual Respondent Burden and Cost – NSPS for Nitric Acid Plants (40 CFR Part 60, Subpart G) 

Burden item

(A)

Respondent 

hours per 

occurrence

(B)

Number of 

occurrences 

per 

respondent 

per year

(C)

Hours per 

respondent 

per year

(C=AxB)

(D)

Number of 

respondents 

per year 

(E)

Technical 

hours per 

year

@$64.13

(CxD)

(F)

Management 

hours per 

year @$93.09

(Ex0.05)

(G)

Clerical 

hours per 

year 

@$39.65

(Ex0.1)

(H)

Total cost 

per year a

1. Applications N/A

2. Survey and Studies N/A

3. Reporting Requirements

 New Sources b

 A. Read instructions 1 1 1 1 1 0.05 0.1 $72.74

 B. Required activities

 Initial performance test 360 1 360 1 360 18 36 $26,189.8

2

 Demonstration of monitoring system Included in 3B

 Repeat performance test c 360 1 360 0.2 72 3.6 7.2 $5,237.96

 Ref Method 7 4 1 4 1 4 0.2 0.4 $291.00

 Ref Method 2 4 1 4 1 4 0.2 0.4 $291.00

 C. Create information Included in 3B

 D. Gather existing information N/A

 E. Write reports

 New Sources

 Notification of construction/ 

 reconstruction

2 1 2 1 2 0.1 0.2 $145.50

 Notification of initial startup 2 1 2 1 2 0.1 0.2 $145.50

 Notification of initial performance test 2 1 2 1 2 0.1 0.2 $145.50

 Performance test report Included in 3B

 Existing Sources

 Notification of physical/operational 

 changes d

8 1 8 2.4 19.2 0.96 1.92 $1,396.80

 Semiannual reports of excess 

 emissions e

8 1 8 24 192 9.6 19.2 $13,967.9

0

SUBTOTAL REPORTING 757 $47,884

4. Recordkeeping requirements
14

Burden item

(A)

Respondent 

hours per 

occurrence

(B)

Number of 

occurrences 

per 

respondent 

per year

(C)

Hours per 

respondent 

per year

(C=AxB)

(D)

Number of 

respondents 

per year 

(E)

Technical 

hours per 

year

@$64.13

(CxD)

(F)

Management 

hours per 

year @$93.09

(Ex0.05)

(G)

Clerical 

hours per 

year 

@$39.65

(Ex0.1)

(H)

Total cost 

per year a

 A. Read instructions Included in 4B

 B. Plan activities Included in 4B

 C. Implement activities Included in 4B

 D. Develop record systems N/A

 E. Time to enter information

 Records of daily production rates and 

 hours of operation

8 1 8 24 192 9.6 19.2 $13,967.9

0

 Records of occurrence of startup, 

 shutdown, and malfunctions

8 1 8 24 192 9.6 19.2 $13,967.9

0

 Records of performance test data 80 1 80 1 80 4 8 $5,819.96

 F. Audits N/A

SUBTOTAL RECORDKEEPING 534 $33,756

TOTAL LABOR BURDEN AND COST 

(rounded)

1,291 $81,639

Assumptions:

a

 We assume that all tasks are to be performed by management, technical and clerical personnel. This ICR uses the following labor rates: $93.09 for Managerial labor, 

$64.13 for Technical labor and $39.65 for Clerical labor. These rates are from the United States Department of Labor Bureau of Labor Statistics, “September 2003, Table 

10. Private Industry, by Occupational and Industry group.” The rates have been increased by 110 percent to account for the benefit packages available to those employed 

by private industry. We also included contractors at $100. The labor rate was also taken from the above occupational and industry group under Blue-Collar occupation, 

that covers Machine operators, and took the rates from column 1, “Total Compensation,”

b

 We assume that there will be one new, modified or reconstructed facility constructed for the next three years.

c

 We assume that 20 percent of facilities would have to repeat performance testing each year due to failure.

d

 We assume that 10 percent of the facilities would be modified or reconstructed over the next three years.

e

 We assume that it will take eight hours to write semiannual reports.

Table 2: Average Annual EPA Burden - NSPS for Nitric Acid Plants (40 CFR Part 60, Subpart G)
15

Activity

(A)

EPA 

Per

Occurrence

(B)

Occurrences

plant/

year

(C)

EPA hr/

plant/yr

(C=AxB)

(D)

Plants/

year

(E) e

EPA Hours

Per Year

(E=CxD)

(F) a

EPA Cost Per 

Year 

(Ex$39.49)

Required activities

 New Plant b

 Initial performance test c

24 1 24 1 24 $947.76

 Repeat performance tests d

24 0.2 4.8 0.2 0.96 $37.91

Report Review

 New Plant

 Notification of construction/reconstruction/modification 2 1 2 1 2 $78.98

 Notification of initial startup 0.5 1 0.5 1 0.5 $19.74

 Notification of actual startup 0.5 1 0.5 1 0.5 $19.74

 Notification of initial test 0.5 1 0.5 1 0.5 $19.74

 Existing Plants

 Semiannual reports 2 2 4 24 96 $3,791.04

Subtotals Labor Burden and cost 124.46 $4,914.91

TOTAL ANNUAL BURDEN AND COST (rounded) 124 $4,915

Assumptions:

a The cost is based on the hourly rate at a GS-12, Step 1, times a 1.6 benefits multiplication factor to account for government overhead expenses for a total of $39.49. 

This rate is from the Office of Personnel Management (OPM) “2003 General Schedule” which excludes locality rates of pay.

b We assume that there will be one new source (respondent) per year over the three years period of this ICR.

c

 We assume that it would take 24 hours to complete initial performance test.

 

d

 We assume 20 percent of initial performance tests are repeated due to failure.