SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

NESHAP for Phosphoric Acid Manufacturing and Phosphate Fertilizers Production (40 

CFR Part 63, Subparts AA and BB) (Renewal)

1. Identification of the Information Collection

1(a) Title of the Information Collection

NESHAP for Phosphoric Acid Manufacturing and Phosphate Fertilizers Production (40 CFR 

Part 63, Subparts AA and BB) (Renewal), EPA ICR Number 1790.06, OMB Control Number 

2060-0361

1(b) Short Characterization/Abstract

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

Phosphoric Acid Manufacturing and Phosphate Fertilizers Production were proposed on

December 27, 1996, promulgated on June 10, 1999, and amended on both June 12, 2002, and 

April 20, 2006. These standards apply to either owners or operators of new and existing 

phosphoric acid manufacturing and phosphate fertilizers production facilities that are major 

sources. The rule applies to component processes at these facilities and to any new, modified, or 

reconstructed sources. Component processes include the following facilities: wet process 

phosphoric acid plants, super-phosphoric acid plants, purified phosphoric acid plants, phosphate 

rock dryers, phosphate rock calciners, diammonium and monoammonium phosphate plants, and 

granular triple superphosphate (GTSP) plants. Since many of the facilities affected by the 

standards also are subject to new source performance standards (NSPS), the standards include an 

exemption from the NSPS for those sources. The exemption eliminates a duplication of 

information collection requirements. New facilities include those that commenced construction, 

modification, or reconstruction after the date of proposal. This information is being collected to 

assure compliance with 40 CFR part 63, subparts AA and BB. 

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

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

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

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

inoperative. These notifications, reports, and records are essential in determining compliance, 

and are required of all affected facilities subject to NESHAP. 

Any owner/operator subject to the provisions of this part shall maintain a file of these 

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

maintenance reports, and records. All reports are sent to the delegated state or local authority. 

In the event that there is no such delegated authority, the reports are sent directly to the U. S.

Environmental Protection Agency (EPA) regional office.

Based on our consultations with industry representatives during a previous renewal, there 

is an average of one affected facilities at each plant site and that each plant site has only one 
2

respondent (i.e., the owner/operator of the plant site).

Over the next three years, an average of 12 respondents per year will be subject to the 

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

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

without any “Terms of Clearance”. 

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

Burden and Cost – NESHAP for Phosphoric Acid Manufacturing and Phosphate Fertilizers 

Production (40 CFR Part 63, Subparts AA and BB) (Renewal). The burden to the “Federal 

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

contractors; this burden may be found below in Table 2: Average Annual EPA Burden and Cost -

NESHAP for Phosphoric Acid Manufacturing and Phosphate Fertilizers Production (40 CFR 

Part 63, Subparts AA and BB) (Renewal).

2. Need for and Use of the Collection

2(a) Need/Authority for the Collection

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

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

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

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

114(a) states that the Administrator may require any owner/operator subject to any requirement 

of this Act to: 

(A) Establish and maintain such records; (B) make such reports; 

(C) install, use, and maintain such monitoring equipment, and use 

such audit procedures, or methods; (D) sample such emissions (in 

accordance with such procedures or methods, at such locations, at 

such intervals, during such periods, and in such manner as the 

Administrator shall prescribe); (E) keep records on control 

equipment parameters, production variables or other indirect data 

when direct monitoring of emissions is impractical; (F) submit 

compliance certifications in accordance with Section 114(a)(3);

and (G) provide such other information as the Administrator may

reasonably require.

In the Administrator's judgment, hazardous air pollutants (HAPs) emissions from 

phosphoric acid manufacturing and phosphate fertilizers production plants cause or contribute to 

air pollution that may reasonably be anticipated to endanger public health or welfare. Therefore, 

the NESHAP were promulgated for this source category at 40 CFR part 63, subparts AA and BB.
3

2(b) Practical Utility/Users of the Data

The recordkeeping and reporting requirements in the standards ensure compliance with 

the applicable regulations which where promulgated in accordance with the Clean Air Act. The 

collected information is also used for targeting inspections and as evidence in legal proceedings.

Performance tests are required in order to determine an affected facility’s initial 

capability to comply with the emission standards. Continuous emission monitors are used to 

ensure compliance with the standards at all times. During the performance test a record of the 

operating parameters under which compliance was achieved may be recorded and used to 

determine compliance in place of a continuous emission monitor.

The notifications required in the standards 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 check if the pollution control devices are properly 

installed and operated, leaks are being detected and repaired and the standards is being met. 

The performance test may also be observed.

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

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

determinations.

3. Non-duplication, Consultations, and Other Collection Criteria

The requested recordkeeping and reporting are required under 40 CFR part 63, subparts 

AA and BB.

3(a) Non-duplication

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

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

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

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

can be sent to the Administrator in lieu of the report required by the Federal standards. 

Therefore, duplication does not exist.

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 (77 FR 63813) on October 17, 2012. No comments were received on the 

burden published in the Federal Register.

3(c) Consultations

The Agency has consulted industry experts and internal data sources to project 
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the number of affected facilities and industry growth over the next three years. The primary

source of information as reported by industry, in compliance with the recordkeeping and 

reporting provisions in the standard, is the Online Tracking Information System (OTIS) which is

operated and maintained by EPA’s Office of Compliance. OTIS is EPA’s database for the 

collection, maintenance, and retrieval of all compliance data. The growth rate for the industry is 

based on our consultations with the Agency’s internal industry experts. Approximately 12

respondents will be subject to the standard over the three year period covered by this ICR.

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

comment on the burden associated with the standard as it was being developed and the standard

has been previously reviewed to determine the minimum information needed for compliance 

purposes. In developing this ICR, we contacted: 1) the Fertilizer Institute at, (202) 962-0490;

and 2) the PCS Phosphate Company, at (847) 849-4322. 

It is our policy to respond after a thorough review of comments received since the last 

ICR renewal as well as those submitted in response to the first Federal Register notice. In this 

case, no comments were received.

3(d) Effects of Less Frequent Collection

Less frequent information collection would decrease the margin of assurance that 

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

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

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

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

possibility of detecting violations would be less likely.

3(e) General Guidelines

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

promulgated by OMB under 5 CFR part 1320, section 1320.5.

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

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

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

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

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

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

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

years. In addition, EPA would be prevented from pursuing the violators due to the destruction or 

nonexistence of essential records.

3(f) Confidentiality

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

will be safeguarded according to the Agency policies set forth in Title 40, chapter 1, part 2, 
5

subpart B - Confidentiality of Business Information (CBI) (see 40 CFR 2; 41 FR 36902, 

September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43 FR 42251, September 20, 

1978; 44 FR 17674, March 23, 1979).

3(g) Sensitive Questions

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

questions.

4. The Respondents and the Information Requested

4(a) Respondents/SIC Codes

The respondents to the recordkeeping and reporting requirements are phosphoric acid 

manufacturing and phosphate fertilizers production facilities. The United States Standard 

Industrial Classification (SIC) code for the respondents affected by the standards is SIC 2874,

which corresponds to the North American Industry Classification System (NAICS) code 325312

for Phosphatic Fertilizer Manufacturing.

4(b) Information Requested

(i) Data Items

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

Phosphoric Acid Manufacturing and Phosphate Fertilizers Production (40 CFR Part 63, Subparts 

AA and BB).

A source must make the following reports:

Notifications

Notification and application of construction/reconstruction 63.5(d) 

Notification of initial startup 63.09(b), 63.607, and 63.627

Notification of initial performance test 63.7(b), 63.9(e), 63.607, and 

63.627

Extension of compliance 63.607, 63.627, and 63.9(c)

Special compliance requirements 63.607, 63.627, and 63.9(d)

Waiver of performance testing 63.607, 63.627, and 63.7(h)

Notification of compliance status 63.607, 63.627, and 63.9(h)
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Reports

Initial performance test report 63.607(a)(1), 63.627(a)(1), 

and 63.10(d)

Semiannual report 63.10(e) and 63.607(c)(2)

Quarterly report 63.10(e) and 63.607(c)(2)

Annual report 63.10(e) and 63.607(c)(1)

A source must keep the following records:

Recordkeeping

Performance test report 63.607(b)(1), 63.627(b)(1), 

and 63.10(b)

Excess emissions report. 63.607(b)(2), 63.627(b)(2), 

and 63.10(b)

Summary report 63.607(b)(3), 63.627(b)(3), 

and 63.10(b)

Reports and notifications 63.10(b)

Records retained for 5 years 63.10(b)(1)

Electronic Reporting

Some of the respondents are using monitoring equipment that automatically records 

parameter data. Although personnel at the affected facility must still evaluate the data, internal 

automation has significantly reduced the burden associated with monitoring and recordkeeping at 

a plant site. 

Also, regulatory agencies in cooperation with the respondents continue to create reporting 

systems to transmit data electronically. However, electronic reporting systems are still not 

widely used. At this time, it is estimated that approximately 20 percent of the respondents use 

electronic reporting.

(ii) Respondent Activities

Respondent Activities

Read instructions.

Install, calibrate, maintain, and operate devices for HAPs.

Perform initial performance test, Reference Methods 5 and 13 test, and repeat performance 

tests if necessary.

Perform annual performance test. 

Write the notifications and reports listed above.
7

Respondent Activities

Enter information required to be recorded above.

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

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

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

maintaining information.

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

providing information.

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

requirements.

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

Transmit, or otherwise disclose the information.

Currently sources are using monitoring and reporting equipment that provide parameter 

data in an automated way (e.g., continuous parameter monitoring system). 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.

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

Information Management

5(a) Agency Activities

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

storage, and distribution of the required information.

Agency Activities

Observe initial performance tests and repeat performance tests if necessary.

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

reports, required to be submitted by industry.

Audit facility records.

Input, analyze, and maintain data in the Online Tracking Information System (OTIS). 

5(b) Collection Methodology and Management

Following notification of startup, the reviewing authority could inspect the source 

to determine whether the pollution control devices are properly installed and operated.

Performance test reports are used by the Agency to discern a source’s initial capability to 
8

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 problem 

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

determinations.

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

maintained by EPA’s Office of Compliance. OTIS 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 OTIS for tracking air pollution compliance and 

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

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

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

years.

5(c) Small Entity Flexibility

A majority of the respondents are large entities (i.e., large businesses). However, 

the impact on small entities (i.e., small businesses) was taken into consideration during the 

development of the regulation. Due to technical considerations involving the process operations 

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

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

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

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

the overall burden will be reduced.

The exact number of small entities affected by this rule could not be determined based 

on a review of available documents related to the rule, including the full text of the Final Rule 

(60 FR 62930). According to both the Final Rule and the Wood Manufacturing Operations 

(NESHAP Implementation Document (EPA-456/R-97-005, updated March 2004), additional 

mechanisms for exempting smaller sources from the standards were put in place. The 

Implementation Document states: “In order to lessen the burden on ... small sources ... the 

EPA included material usage and emission limits in the NESHAP. Facilities below these limits 

are designated by rule as area sources and are therefore not subject to the NESHAP.”

5(d) Collection Schedule

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

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

Acid Manufacturing and Phosphate Fertilizers Production (40 CFR Part 63, Subparts AA and 

BB) (Renewal).
9

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 each of the subparts 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 1,765 (Total Labor Hours from Table 1 below). 

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

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

approved ICR, and any comments received.

6(b) Estimating Respondent Costs

(i) Estimating Labor Costs

This ICR uses the following labor rates: 

Managerial $121.44 ($57.83 + 110%) 

Technical $100.23 ($47.73 + 110%)

Clerical $50.51 ($24.05 + 110%)

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

2012, “Table 2. Civilian Workers, by occupational and industry group.” The rates are from 

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

the benefit packages available to those employed by private industry.

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

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

subject standards 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.
10

(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)

Temperature 

monitoring 

device

$2,700 0 $0 $886 12 $10,632

The total capital/startup costs for this ICR are $0. This is the total of column D in the 

above table. 

The total operation and maintenance (O&M) costs for this ICR are $10,632. 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 $10,632. These are the costs 

of recordkeeping. 

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 

$55,017.

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

Managerial $62.27 (GS-13, Step 5, $38.92 + 60%) 

Technical $46.21 (GS-12, Step 1, $28.88 + 60%)

Clerical $25.01 (GS-6, Step 3, $15.63 + 60%)

These rates are from the Office of Personnel Management (OPM), 2012 General Schedule,

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

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

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

Phosphoric Acid Manufacturing and Phosphate Fertilizers Production (40 CFR Part 63, Subparts 

AA and BB) (Renewal).
11

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

Based on our research for this ICR, on average over the next three years, approximately

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

respondents per year will become subject. The overall average number of respondents, 

as shown in the table below, is 12 per year. 

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

years covered by this ICR. 

Number of Respondents

Year

(A)

Number of New 

Respondents 1

(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

(E)

Number of 

Respondents

(E=A+B+C-D)

1 0 12 0 0 12

2 0 12 0 0 12

3 0 12 0 0 12

Average 0 12 0 0 12

1

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

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

average Number of Respondents over the three year period of this ICR is 12.

The total number of annual responses per year is calculated using the following table: 
12

Total Annual Responses

(A)

Information Collection Activity

(B)

Number of 

Respondents 

(C)

Number of 

Responses

(D)

Number of Existing 

Respondents That 

Keep Records But Do 

Not Submit Reports

(E)

Total Annual 

Responses 

E=(BxC)+D

Notification of construction/reconstruction 0 0 0 0

Notification of initial performance test 0 0 0 0

Notification of compliance status 0 0 0 0

Annual performance test report 12 1 0 12

Quarterly reports of excess emissions 1.2 4 0 4.8

Semiannual report of no excess emissions 10.8 2 N/A 21.6

Startup/Shutdown/Malfunction Report 1 1 N/A 1

Total 39.4

The number of Total Annual Responses is 39.

The total annual labor costs are $170,949. Details regarding these estimates may be 

found below in Table 1: Annual Respondent Burden and Cost – NESHAP for Phosphoric Acid 

Manufacturing and Phosphate Fertilizers Production (40 CFR Part 63, Subparts AA and BB) 

(Renewal).

6(e) Bottom Line Burden Hours and Cost Tables

The detailed bottom line burden hours and cost calculations for the respondents and the 

Agency are shown in Tables 1 and 2, respectively, and summarized below. 

(i) Respondent Tally

The total annual labor hours are 1,765 at a cost of $170,949. Details regarding these 

estimates may be found below in Table 1: Annual Respondent Burden and Cost – NESHAP for 

Phosphoric Acid Manufacturing and Phosphate Fertilizers Production (40 CFR Part 63, Subparts 

AA and BB) (Renewal).

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

information is estimated to average 45 hours per response.

The total annual capital/startup and O&M costs to the regulated entity are $10,632. The 

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

(O&M) Costs.
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(ii) The Agency Tally

The average annual Agency burden and cost over next three years is estimated to be 

1,221 labor hours at a cost of $55,017. See below Table 2: Average Annual EPA Burden and 

Cost – NESHAP for Phosphoric Acid Manufacturing and Phosphate Fertilizers Production (40 

CFR part 63, subparts AA and BB) (Renewal).

6(f) Reasons for Change in Burden

There is an increase in burden for both the respondents and the Agency due to an 

adjustment. This increase is not due to any program changes. The previous ICR assumed the 

per-respondent burden hour for each activity is inclusive of all technical, managerial, and clerical 

hours. This ICR assumes the per-respondent burden hour includes technical hours only, and 

that managerial and clerical hours are additional 5 and 10 percent of technical hours, 

respectively. In addition, this ICR uses updated labors rates available from the Bureau of Labor 

Statistics to calculate burden costs. This results in an adjustment increase in both labor hours 

and costs. 

Additionally, there is a decrease in the estimated number of responses due to a correction. 

The previous ICR assumed that each respondent would have to submit annual, semiannual, and 

quarterly reports, or a total of seven reports per year, which is inconsistent with the assumptions 

used to calculate respondent reporting burden. This ICR corrects the number of responses and 

clarifies that quarterly reports are only required if there are excess emissions. 

6(g) Burden Statement

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

is estimated to average 45 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 

EPA-HQ-OECA-2012-0676. An electronic version of the public docket is available at 
14

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

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

docket, and to access those documents in the public docket that are available electronically. 

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

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

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

Room 3334, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public 

Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 

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

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

Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, 

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

Number EPA-HQ-OECA-2012-0676 and OMB Control Number 2060-0361 in any

correspondence. 

Part B of the Supporting Statement

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

information.
15

Table 1: Annual Respondent Burden and Cost – NESHAP for Phosphoric Acid Manufacturing and Phosphate Fertilizers

 Production (40 CFR Part 63, Subparts AA and BB) (Renewal).

Burden item

(A) (B) (C) (D) (E) (F) (G) (H)

Technical 

Hours per 

Occurrence

Occurrences 

per 

respondent 

per year

Person

hours per

respondent 

per year

(C = AxB)

Respondents 

per year

Technical

person

hours per 

year

(E = CxD)a

Managerial

person

hours

per year

(F = Ex0.05) a

Clerical

person 

hours

per year

(G = Ex0.1)a

Total

Cost

per year($)

1. Applications N/A

2. Survey and Studies N/A

4. Reporting Requirements

 A. Read instructions 4 1 4 0 0 0 0 $0

 B. Required activities

 Initial performance test 28 1 28 0 0 0 0 $0

 Repeat initial performance test 28 0.1 2.8 0 0 0 0 $0

 Startup, shutdown, malfunction 

plan

40 1 40 0 0 0 0 $0

 Annual performance test b28 1 28 12 336 16.8 33.6 $37,414.61 

 Repeat annual performance test c28 0.2 5.6 1 5.6 0.28 0.56 $623.57

 C. Create information See 4B

 D. Gather existing information See 4B

 E. Write report j

 Notification of applicability N/A

 Notification of construction./

reconstruction 2 1 2 0 0 0 0 $0

 Notification of actual startup N/A

 Notification of compliance 

requirements

N/A

 Notification of performance test 2 1 2 0 0 0 0 $0

 Notification of compliance status 4 1 4 0 0 0 0 $0

 Report of performance test See 4B

 Report monitoring exceedances d

16 4 64 1.2 76.8 3.84 7.68 $8,551.91 
16

 Report of no excess emissions e

8 2 16 10.8 172.8 8.64 17.28 $19,241.80 

 Startup/ shutdown/ malfunction 

report f 8 1 8 1 8 0.4 0.8 $890.82 

Subtotal for Reporting 689 $66,722.71

5. Recordkeeping Requirements

 A. Read instructions 4 1 4 0 0 0 0 $0

 B. Plan activities See 5E

 C. Implement activities See 5E

 D. Develop record system See 5E

 E. Time to enter information

 Records of operating parameters b

1.5 g52 h78 12 936 46.8 93.6 $104,226.41

 F. Time to train personnel i

N/A

 G. Time to comply with applicable 

requirements See 4B

 H. Time for audits N/A

Subtotal for Recordkeeping 1,076 $104,226.41

TOTAL ANNUAL BURDEN and COST

(rounded) 1,765 $170,949

Assumptions:

a

 This ICR assumes that managerial hours are 5 percent of technical hours, and clerical hours are 10 percent of technical hours. This ICR uses a labor rate of 

$121.44 for managerial hours, $100.23 for technical hours, and $50.51 for clerical hours.

b

 We have assumed that the average of respondents that will be subject to the rule will be twelve. There will be no additional new sources per year that will 

become subject to the rule over the three-year period of this ICR.

c

 We have assumed that 7 percent of respondents (12x7%= 0.84/ rounded to 1) will fail the initial performance test and must repeat it.

d

 We have assumed that 10 percent of respondents will report exceedances. Respondents are required to report quarterly.

e

 We have assumed that 90 percent of existing respondents report no excess emissions semiannually.

f

 We have assumed that 1 of 12 sources will have to submit a startup, shutdown, or malfunction report.

g

 We have assumed that it will take 1.5 hours per respondent to enter information.

h

 We have assumed that information is entered one-time per week for 52 weeks per year.

i

 There are no hours for training personnel since no training is required by the rule and hours have been allotted under 5A for reading and understanding the 

recordkeeping/reporting requirements.
17

Table 2: Average Annual EPA Burden and Cost – NESHAP for Phosphoric Acid Manufacturing and Phosphate Fertilizers 

Production (40 CFR Part 63, Subparts AA and BB) (Renewal)

Burden Item

(A) (B) (C) (D) (E) (F) (G) (H)

Person

hours per

Occurrence

No. of

occurrences

per 

respondent

per year

Person 

hours per 

respondent

per year

(C=AxB)

Respondents

per year

Technical 

person 

hours per 

year

(E = CxD)

Managerial

person 

hours per 

year

(F = Ex0.05)

Clerical 

person 

hours per 

year

(G = Ex0.1)

Total

Cost per 

year a

Initial performance test 40 1 40 0 0 0 0 $0 

Repeat initial performance test

 Retesting preparation 8 1 8 0 0 0 0 $0 

 Retesting 40 1 40 0 0 0 0 $0 

Excess emissions enforcement activities N/A

Report review

 Notification of applicability 2 1 2 0 0 0 0 $0 

 Notification of construction./reconstruction N/A

 Notification of anticipated startup N/A

 Notification of actual startup N/A

 Notification of special compliance 

requirements N/A

 Notification of initial performance test 2 1 2 0 0 0 0 $0 

 Notification of compliance status 2 1 2 0 0 0 0 $0 

 Annual performance test 40 1 40 12 480 24 48 $24,875.76 

 Repeat annual performance test 40 1 40 0.84 33.6 1.68 3.36 $1,741.30 

 Excess emissions report 20 4 80 1.2 96 4.8 9.6 $4,975.15 

 No excess emissions report 20 2 40 10.8 432 21.6 43.2 $22,388.18 

 Waiver application N/A 0 0 0 $0 

 Startup, shutdown, malfunction report 20 1 20 1 20 1 2 $1,036.49 

TOTAL ANNUAL BURDEN AND COST

(rounded) 1,221 $55,017

Assumptions:
18

a

 The cost is based on rates from the Office of Personnel Management (OPM) “2012 General Schedule” which excludes locality rates of pay.

b

 We have assumed that the average of respondents that will be subject to the rule will be 12. There will be no additional new sources per year that will become 

subject to the rule over the three-year period of this ICR.

c

 We have assumed that 7 percent of respondents will fail the initial performance test and must repeat it.

d

 We have assumed that 10 percent of respondent will report exceedances. Respondents are required to report quarterly.

e

 We have assumed that 90 percent of existing respondents report no excess emissions semiannually.

f

 We have assumed that 1 of 12 sources will have to submit startup, shutdown, or malfunction report.