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 6 0, 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 wh ich commenced construction, modification or reconstruction after the date of proposal. Nitrogen oxide (NO x ) is the pollutant regulated under this subpart. The standards limit nitrogen oxides, expressed as NO 2 , 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

r eports: notification of the date of construction or reconstruction; notification of the actu al dates of startup; notification of any phy sical or operational change to an existing facility which may

increase the regulated pollutant emission rate; notification of demonstration of the continuous monitoring sy stem (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 sy stem 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 emissio ns. 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 t o install, calibrate, maintain, and operate a continuous monitoring sy stem 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 de scribed. 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 NO x and the vol umetric 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 monitori ng sy stem, monitoring device and performance testing measurements; all continuous monitoring system performance evaluations; all continuous monitoring sy stem 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 c urrently i nclude the initial notifications listed, the initial performance test results, and semiannual reports of instances of excess emissions and a monitoring s ys tem 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 emissi on monitoring sy stem 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 measure s taken, and identification of the time period during which the CMS was inoperative (this does not include zero and span checks or ty pical 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. Th e 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 th e 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 (I CR) without any A Terms of Clearance. @ The b urden 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 go vernment 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 sect ion 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 o f 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 NO x from nitric acid plants requir es 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. T he subject standards are a chieved 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 o r delegated authority

when a source becomes subject to the requirements of the regulations. T he reviewing authority m ay 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 me t. Performance test reports are needed as these are the Agency records of a source's initial capability t o comply

with the emission standards, and serve as a record of the operating conditions under which compliance was achieved. T he 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 IC R is used by

the Agency

t o en sure 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 in formation is sent directly to the delegated state or local agency
. If

a s tate or local agency

h as 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 Admini strator in lieu of the report required by the Federal standards. Therefore, no duplication4

exists. 3(b) Public Notice Required Prior to ICR Submission to OMB
An announcement of a public comment period for the renewal of this IC R was published in the Fe deral 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 I CR, the preparer of the active I CR and the most recent data available on the Air F acility Sy stem (AFS) database were referenced. In addition, information available from the Office of Compliance Sector Notebook A Profile of the Agricultural Chemical, Pesticide, and Fertilizer Industry , the United States Census Bureau via the internet, an d 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. Bil l 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 informatio n 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 a nd emission limitations are met. I f 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
Non e 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 i nformation submitted to the Agency for which a claim of confidentiality is made will be s afeguarded 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, Sept ember 20, 1978; 44 FR 17674, March 23, 1979). 3(g) Sensitive Questions None of the reporting or recordkeeping requirements contain sensitive questions.5

4. The Respondents and the Information Requested 4(a) Respondents/SIC and NAIC Codes The respond ents to the recordkeeping and reporting requirements are nitric acid plants. The United States Standard In dustrial Classification (SI C) code for the respondents affected by the standard is 2873, which corresponds to the North American Industry Classificat ion Sy stem (NAI CS) 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 I CR 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 construct ion or modification application 60.6(a) In itial notifications 60.7(a)(3) Notification of actual startup 60.7(a)(3) In itial performance test 60.8(d) In itial performance test results 60.8(a) Rescheduled initial performance test 60.8(d) Demonstration of continuous monitoring sy stem 60.7(a)(5) Compliance status 60.7 (a)(7) Phy sical 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 Sta ndard 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 sy stem is inoperative 60.7(b)
Emission test r esults 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 Report ing 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 ty

pe of monitoring equipment has significant ly reduced the burden associated with monitoring and recordkeeping. In addition, some regulatory agencies are setting up electronic reporting sy stems to allow sources to report electronically which is reducing the reporting burden. H owever, electronic re porting sy stems are still not widely u sed by the regulatory agencies. Iti s estimated that approximately 1 0 percent of the respondents use electronic reporting. (ii) Respondent Activities

Respondent Activities Read instructions. In stall, 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 requir ed reports developing, acquiring, installing, and utilizing technology and sy stems for the purpose of collecting, validating, and verifying information. Develop, acquire, install, and utilize technology and sy stems for the purpose of processing and mainta ining information. Develop, acquire, install, and utilize technology and sy stems for the purpose of disclosing and providing information. Adjust existing way s 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 Information7

Management 5(a) Agency Activities
EPA conducts the following ac tivities in connection with the acquisition, analy sis, storage, and distribution of the required information. Agency Activities Observe initial performance tests and repeat performance tests if necessary

. Review notifications and reports, including perf ormance test reports, and excess emissions reports, required to be submitted by industry

. Audit facility

records. Input, analy

ze, and maintain data in the Air Facility Sy stem (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 e mission 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 problem s identification, as a check on source operation and maintenance, and for compliance determinations.
In formation 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 fo r 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 l ocal and state regulatory agencies, EPA regional offices and EPA headquarters. EPA and its delegated Authorities can edit, store, retrieve and analy ze the data. The records required by

this regulation must be retained by the owner or operator for two ye ars. 5(c) Small Entity F lexibility 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). H owever, 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 operations8

and the ty pes of control equipment employed, the recordkeeping and reporting require ments are the same for both small and large entities. T he Agency c onsiders 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

f or each information collection activity w ithin this request is shown in Table 1: Average Annual In dustry B urden and Costs for NSPS for Ni tric 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 I CR. 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 L abor 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 IC R, and any

comments received. 6(b) Estimating Respondent Costs (i) Estimating Labor Costs This I CR 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 In dustry , by Occupational and Industry group”. The rates are from column 1, “Total Compensation”. T he rates have been increase by 1 10 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 ty pe of industry

costs associated with the information collection activities in the subject standard are both labor costs which are addressed elsewhere in this I CR and the costs associated with continuous monitoring. T he capital/startup costs are one - time costs when a facility becomes subject to the regulation. The annual operation and maintenance costs ar e 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)

NO x $68,000 1 $68,000 $100,000 24 $2,400,00 0
The total capital/startup costs for this IC R are $68,000. T his 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 I CR 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 analy sis 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 informat ion. The average annual Agency c ost during the three ye ars of the IC R 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 overhe ad expenses for a total of $39.49 per hour. These rates are from the Office of Personnel Management (OPM) A 2003 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.10

6(d) Estimating the Respondent Universe and Total Burden and Costs Based on our research for this IC R, approximately 2 4 existing sources are currently s ubject to the standard. Iti s 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 ye ars covered by

this I CR. 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 respondent s, column D is subtracted. As shown above, the average Number of Respondents over the three year period of this I CR 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=(Ax B)+(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 par t 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 Bu rden 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 res ponse. 6(f) Reasons for Change in Burden There is no change in the labor cost to the respondents in this IC R compared to the previous IC R. This is due to two considerations. First, the regulations have not changed over the past three ye ars 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 I CR reflect the current burden to the respondents and are reiterated in this I C R. 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 h ours 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 sy stems for the purposes of collecting, validating, and verify ing information, processing and maintaining information, and disclosing and providing information; adjust the existing way s to comply with any prev iously

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 s uggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this IC R 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 lis ting of the contents of the docket, and to access those documents in the public docket that are available electronically . When in the sy stem , 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 In formation 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 holiday s. The12

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 Regul atory

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) R espondent hours per occurrence (B)

Num ber of occurrences per respondent per year (C)

Hours per respondent per year (C=AxB) (D)

Num ber of respondents per year (E)

Technical hours per year @$64.13 (CxD) (F)

Managem ent hours per year @$93.09 (Ex0.05) (G)

Cl erical 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. Re quired 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 requirements14

Burden item (A) R espondent hours per occurrence (B)

Num ber of occurrences per respondent per year (C)

Hours per respondent per year (C=AxB) (D)

Num ber of respondents per year (E)

Technical hours per year @$64.13 (CxD) (F)

Managem ent hours per year @$93.09 (Ex0.05) (G)

Cl erical 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 e nter 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 Rec ords 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 manage ment, 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. T hese 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 b enefit packages available to those employed by private industry. We also included contractors at $100. Th e 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 reconstruct ed 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)

E PA 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 $4,9 15
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 Ge neral 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 ass ume 20 percent of initial performance tests are repeated due to failure.