# 1 

# STANDARD FORM 83-I SUPPORTING STATEMENT

FOR OMB REVIEW OF ICR NO. 2424.01

INFORMATION COLLECTION REQUEST FOR NATIONAL EMISSION

STANDARDS FOR HAZARDOUS AIR POLLUTANTS: PRIMARY LEAD

SMELTING

U.S. ENVIRONMENTAL PROTECTION AGENCY

SECTOR POLICIES AND PROGRAMS DIVISION

RESEARCH TRIANGLE PARK, NORTH CAROLINA, 27711

JANUARY 31, 2011

# 2 SUPPORTING STATEMENT

NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS:

PRIMARY LEAD SMELTING

PART A

1.0 Identification of the Information Collection

(a) Title and Number of the Information Collection.

“National Emission Standards for Hazardous Air Pollutants (NESHAP): Primary Lead

Smelting.” This is a new information coll ection request (ICR), and the EPA ICR tracking

number is 2424.01. The OMB Control Number is 2060-NEW.

(b) Short Characterization.

This ICR covers information collection requirements in the proposed amendments to the

Primary Lead Smelting NESHAP (40 CFR part 63, subpart TTT) developed to address facilities

in the Primary Lead Smelting source category.

The potential respondents are owners or operators of any existing or new affected source

with primary lead processing operations. There is one facility subject to the Primary Lead

Smelting NESHAP. The NESHAP is applicable to any primary lead processing facility that is

engaged in the production of lead metal from lead sulfide ore concentrate and the affected

sources are those that meets the criteria established in §63.1541 of the Primary Lead Smelting

NESHAP.

The proposed amendments would reduce the allowable plant-wide lead emission limit to

0.22 pound of lead per ton of lead produced, add a lead emission cap of 0.91 TPY combined for

the refining operation stacks and the furnace area stack, add an air lead concentration limit of

0.15 μg/m 3 

# on a 3-month rolling average, add lead concentration monitoring requirements, and

revise testing, reporting, and recordkeeping requirements. These amendments are explained

further in the following paragraphs.

# 3 All of the proposed amendments have a compliance date of 2 years from the

promulgation date which will allow the facility to implement any changes necessary to meet the

new and revised requirements. The proposed amendments require stack testing for lead

compounds on a quarterly basis for four (4) emission points; main stack, furnace area baghouse,

refining building baghouse, and refining kettles baghouse. Stack testing for these emission

points is required annually under the current standard. Under the proposed amendments,

continuous compliance monitoring for lead compounds in air is required at locations that will be

outlined in a monitoring plan to be prepared and submitted to the Administrator for approval.

The requirement for the compliance monitoring and the development of a monitoring plan are

new requirements under the proposed amendments. We have assumed that the facility will lease

the compliance monitoring equipment in lieu of purchasing the equipment. Therefore, we have

included the lease cost associated with the compliance monitoring stations as annual costs and

there are no capital costs associated with the proposed amendments. Recordkeeping for stack

testing will be the same with the exception of frequency. Recordkeeping for compliance

monitoring will include maintaining the 3-month rolling average documented on a monthly basis

and reported quarterly. .

The information collection requirements associated with the proposed amendments to the

NESHAP are listed in Attachment 1.

2. Need For and Use of the Collection

(a) Need/Authority for the Collection

.

Section 112 of the Clean Air Act (CAA) requires EPA to establish NESHAP for both

major and area sources of HAP that are listed for regulation under CAA section 112(c). A major

source is a stationary source that emits or has the potential to emit more than 10 tons per year

(tpy) of any single HAP or more than 25 tpy of any combination of HAP. An area source is a

stationary source that is not a major source (i.e., an area source does not emit and does not have

the potential to emit more than 10 tpy of any single HAP and more than 25 tpy of any

combination of HAP). For major sources, these technology-based standards must reflect the

maximum degree of emission reductions of HAP achievable (after considering cost, energy

requirements, and non-air quality health and environmental impacts) and are commonly referred

to as maximum achievable control technology (MACT) standards. Section 112(d)(6) requires

# 4 EPA to review these technology-based standards and to revise them “as necessary (taking into

account developments in practices, processes, and control technologies)” no less frequently than

every 8 years. In addition, section 112(f) of the CAA requires EPA to determine for source

categories subject to certain CAA section 112(d) standards whether the emissions limitations

provide an ample margin of safety to protect public health. For MACT standards for HAP

“classified as a known, probable, or possible human carcinogen" that "do not reduce lifetime

excess cancer risks to the individual most exposed to emissions from a source in the category or

subcategory to less than 1-in-1 million,” EPA must promulgate residual risk standards for the

source category (or subcategory) as necessary to provide an ample margin of safety to protect

public health. In doing so, EPA may adopt standards equal to existing MACT standards, if EPA

determines that the existing standards are sufficiently protective. EPA must also adopt more

stringent standards, if necessary, to prevent an adverse environmental effect, but must consider

cost, energy, safety, and other relevant factors in doing so.

Certain records and reports are necessary for the Administrator to confirm the

compliance status of sources subject to NES HAP, identify any new or reconstructed sources

subject to the standards, and confirm that the standards are being achieved on a continuous basis.

These recordkeeping and reporting requirements ar e specifically authorized by section 114 of the

Clean Air Act (42 U.S.C. 7414) and set out in the part 63 NESHAP General Provisions. The

recordkeeping and reporting requirements for title V permits are contained in 40 CFR 70.6 and

40 CFR 71.6. Under parts 63 and 70 or 71, the owner or operator must keep each record for

5 years following the date of each occurrence, measurement, maintenance, corrective action,

report, or record.

(b) Use/Users of the Data.

The information will be used by the delegated authority (State agency, or Regional

Administrator if there is no delegated State agency) to ensure that the standards and other

requirements are being achieved. Based on review of the recorded information at the site and the

reported information, the delegated permitting authority can identify facilities that may not be in

compliance and decide which facilities, records, or processes may need inspection.

3. Nonduplication, Consultations, and Other Collection Criteria

(a) Nonduplication.

# 5 A computer search of EPA’s ongoing ICRs revealed no duplication of informationgathering efforts.

(b) Public Notice Required Prior to ICR Submission to OMB.

This section is not applicable because this is a rule-related ICR.

(c) Consultations.

The proposed amendments were developed in consultation with Doe Run Company and

the State of Missouri. The non-EPA persons consulted on the information collection activities

are identified in Table 1.

TABLE 1. PERSONS CONSULTED ON THE INFORMATION COLLECTION ACTIVITIES



# Contact Organization Telephone No.

Aaron Miller The Doe Run Company 636-933-3180

Steve Arnold The Doe Run Company 573-626-3495

Rusty Keller The Doe Run Company 636-933-3143

Louis Marucheau The Doe Run Company 616-285-3963

Joe Winkelmann Missouri Department of Natural Resources 573-526-1830

(d) Effects of Less Frequent Collection.

If the relevant information was collected less frequently, the delegated permitting

authority (State or EPA) will not be reasonably assured that a facility is in compliance with the

standards.

(e) General Guidelines.

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

(f) Confidentiality.

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

be safeguarded according to the Agency policies set forth in Title 40, Chapter 1, Part 2, Subpart

B--Confidentiality of Business Information (see 40 CFR 2; 41 FR 36902, September 1, 1976;

amended by 43 FR 39999, September 28, 1978; 43 FR 42251, September 28, 1978; 44 FR

17674, March 23, 1979).

# 6 (g) Sensitive Questions.

This section is not applicable because this ICR does not involve matters of a sensitive

nature.

4. The Respondents and the Information Requested

(a) Respondents/NAICS Codes.

Potential respondents under subpart TTT are owners or operators of any existing or new

facility engaged in primary lead processing. Primary lead processing facilities are primarily

classified under NAICS codes 331419, Primary Lead Smelting and Refining.

There is one facility that will be subject to the proposed amendments to the NESHAP.

No new primary lead processing facilities are expected during the 2-year period of this ICR.

(b) Information Requested.

(i) Data Items, Including Recordkeeping Requirements. Attachment 1, Information

Requirements, summarizes the data items, including recordkeeping and reporting requirements,

for the Primary Lead Smelting source category.

(ii) Respondent Activities. The respondent activities that will be required by the

proposed amendments to the Primary Lead Smelting NESHAP are identified in Table 2 and are

introduced in section 6(a).

5. The Information Collected–Agency Ac tivities, Collection Methodology, and

Information Management

(a) Agency Activities.

The Agency activities associated with the proposed amendments to the Primary Lead

Smelting NESHAP are provided in Table 3 and are introduced in section 6(c).

(b) Collection Methodology and Management

.

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

compliance and enforcement programs of the delegated permitting authority. EPA is the

permitting authority until the State agency is delegated authority to implement the final

amendments to the rule. Therefore, information contained in any report submitted to the

Regional Administrator will be entered into the Air Facility System (AFS), which is operated

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

maintenance, and retrieval of compliance data for approximately 125,000 industrial and

# 7 government-owned facilities. EPA uses the AFS for tracking air pollution compliance and

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

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

(c) Small Entity Flexibility.

The Small Business Administration defines a small entity engaging in primary lead

processing operations as a firm having no more than 500 to 1,000 employees (depending on the

size definition for the affected NAICS code). The sole facility subject to the proposed

amendments for the Primary Lead Smelting source category does not meet the definition of a

small entity; therefore, no small entities will be affected by these amendments. The proposed

amendments would not create any new requirements or burdens for existing sources other than

minimal notification requirements, recordkeeping, and reporting requirements.

(d) Collection Schedule

.

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

shown in Table 2 for the Primary Lead Smelting Category.

6. Estimating the Burden and Cost of the Collection

(a) Estimating Respondent Burden.

The annual burden estimates for the proposed amendments to the Primary Lead Smelting

NESHAP are shown in Table 2. These numbers were derived from estimates based on EPA’s

experience with other standards. No burden estimates are provided for new sources because no

new facilities are expected to become affected sources during the 2-year period of this ICR.

(b) Estimating Respondent Costs.

The information collection activities for the proposed amendments to the Primary Lead

Smelting NESHAP are presented in Table 2. Gene rally, respondent costs are divided into four

categories. These categories include labor costs, capital costs (includes startup costs), operations

and maintenance costs, and annualized capital costs. However, for these proposed amendments,

there are no capital costs and the respondent will incur only labor and O&M costs. Therefore,

annualized capital costs will be equal to O&M costs.

(i) Estimating Labor Costs . Labor rates and associated costs are based on Bureau of

Labor Statistics (BLS) data. Technical, management, and clerical average hourly rates for

private industry workers were taken from the Un ited States Department of Labor, Bureau of

# 8 Labor Statistics, Occupational Employment and Wages, 2010 available at

http://www.bls.gov/news.release/archives/ecec _06102010.htm. Wages for technical labor are

based on "Civilian workers – professional and related," with a total compensation of

$46.29/hour. Wages for management labor are taken from "Civilian workers – management,

business, and financial," with a total compensation of $55.26/hour. Wages for clerical labor are

based on "Civilian workers – office and administrative support," with a total compensation of

$23.27/hour. These rates represent salaries plus fringe benefits and do not include the cost of

overhead. An overhead rate of 110 percent is used to account for these costs. The fullyburdened hourly wage rates used to represent respondent labor costs are: technical at $97.21

/hour, management at $116.05/hour, and clerical at $48.87 /hour. The total labor burden is 1,323

person-hours at a cost of $124,083 (see Table 2).

(ii) Estimating Capital and Operations and Maintenance (O&M) Costs . No capital costs

will be incurred because it is assumed that the equipment for compliance monitoring will be

leased and that stack testing will be contracted out to a testing firm. The O&M cost for

compliance monitoring include an equipment leasing cost of $2,500 per device per year or

$10,000/yr assuming four sampling locations around the facility. The cost per daily sample

includes $81 analysis cost (including shipping) per filter, $44 per filter for pre- and post-filter

weighing, and $2 replacement cost per filter for a total of $127 per daily sample. Assuming

daily sampling at four locations and sampling 365 days per year, the sampling cost would be

$185,420 per year. Including the cost of leasing, additional O&M costs for compliance

monitoring will be $185, 420 per year. The cost for the additional lead stack testing will be

$13,000 per test. Based on 3 additional tests per year and four emission points, the additional

O&M cost will be $156,000 ($13,000 x 4 emission points x 3 additional tests) per year. The

total additional O&M cost for these amendments will be $351,420 (10,000 + 185,420 +

156,000).

(iii) Annualizing Capital Costs . No capital costs are associated with the information

collection requirements of the proposed amendments to the Primary Lead Smelting NESHAP.

(c) Estimating Agency Burden and Cost

.

Because the information collection requirements were developed as an incidental part of

standards development, no costs can be attributed to the development of the information

# 9 collection requirements. Because reporting and recordkeeping requirements on the part of the

respondents are required under the operating permits rules in 40 CFR part 70 or part 71 and the

part 63 NESHAP General Provisions, no operational costs will be incurred by the Federal

Government. Publication and distribution of the information are part of the Compliance Data

System, with the result that no Federal costs can be directly attributed to the ICR. Examination

of records to be maintained by the respondents w ill occur incidentally as part of the periodic

inspection of sources that is part of EPA’s overall compliance and enforcement program, and,

therefore, is not attributable to the ICR. The only costs that the Federal government will incur

are user costs associated with the analysis of the reported information, as presented in Table 3.

The Agency labor rates are from the Office of Personnel Management (OPM) 2010

General Schedule, which excludes locality rates of pay. These rates can be obtained from Salary

Table 2010-GS available on the OPM website, http://www.opm.gov/oca/10tables/pdf/gs_h.pdf

.

The government employee labor rates are $16.28/ hour for clerical (GS-7, Step 1), $34.34 for

technical (GS-13, Step 1), and $47.74/hr for mana gement (GS-15, Step 1). These rates were

increased by 60 percent to include fringe benefits and overhead. The fully-burdened wage rates

used to represent Agency labor costs are: clerical at $26.05/hour; technical at $54.94/hour, and

management at $76.38/hour.

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

.

There is one existing facility that is subject to the proposed Primary Lead Smelting

NESHAP. No new sources are expected during the 2-year compliance period. No new facilities

are expected to begin operation during the 2-year compliance period.

For the proposed amendments to the Primary Lead Smelting NESHAP, the components

of the total annual burden attributable to this ICR include reading the amendments to the

NESHAP; conducting quarterly stack tests and calculating annual emissions; conducting daily

air lead concentration monitoring and calculating 3-month rolling averages, and reporting lead

stack emissions test results and 3-month rolling average lead concentrations in airon a quarterly

basis.

(e) Bottom Line Burden Hours and Cost Tables.

(i) Respondent tally. The bottom line respondent burden hours and costs, presented in

Table 2 are calculated by adding person-hours per year down each column for technical,

# 10 managerial, and clerical staff, and by addi ng down the cost column. Based on one sole

respondent and the 2-year compliance period, we have presented burden based on all respondent

and agency costs being incurred in the second year. The average annual burden for the

recordkeeping and reporting requirements in the proposed amendments to subpart TTT for the 1

existing facility that is subject to the Primary Lead Smelting NESHAP is 1,323 person-hours and

$124,083. Total costs include monitoring and testing costs ($351,420) and total annual labor

costs ($124,083) for an annual average cost of $475,503. No capital costs would be expected for

the proposed amendments.

(ii) The Agency tally. The average annual Federal Government cost is $3,955 for

36 hours for the proposed amendments to subpart TTT. The bottom line Agency burden hours

and costs presented in Table 3 are calculated by adding person-hours per year down each column

for technical, managerial, and clerical st aff, and by adding down the cost column.

(iii) Variations in the annual bottom line. This section does not apply since no

significant variation is anticipated.

(f) Reasons for Change in Burden.

This section does not apply because this is a new ICR.

(g) Burden Statement

The average annual respondent burden for the proposed amendments to the Primary Lead

Smelting NESHAP is estimated at 1,323 hours per facility.

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 currently valid OMB control number. The OMB

control numbers for EPA’s regulations in 40 CFR part 63 are listed in 40 CFR part 9.

# 11 To comment on the Agency’s need for this information the accuracy of the provided

burden estimates, and any suggestions for minimizing respondent burden, including through the

use of automated collection techniques, EPA has established a public docket for this ICR under

Docket ID No. EPA-HQ-OAR-2004-0305, which is available for online viewing at

http://www.regulations.gov , or in person viewing at the Air and Radiation Docket and

Information Center in the EPA Docket Center (EPA/DC), EPA West, Room B-102, 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

Air Docket is (202) 566-1927. An electronic version of the public docket is available at

http://www.regulations.gov. This site can be used to submit or view public comments, access

the index listing of the contents of the public docket, and to access those documents in the public

docket that are available electronically. When in the system, select “search,” then key in the

Docket ID Number identified above. Also, you can send comments to the Office of Information

and Regulatory Affairs, Office of Management and Budget, 725 17 th 

# Street, NW, Washington,

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

(EPA-HQ-OAR-2004-0305) in any correspondence.

# 12 PART B

This section is not applicable because statistical methods are not used in data collection

associated with the proposed rule.13TABLE 2. ANNUAL RESPONDENT BURDEN AND COST--AMENDMENTS TOPRIMARY LEAD SMELTING NESHAPActivity(A)HoursperOccurrence(B)Occurrences/Respondent/Year(C)Hours/Respondent/Year(AxB)(D)Respondents/Year(E)TechnicalHours/Year(CxD)(F)ManagerialHours/Year(Ex0.05)*(G)ClericalHours/Year(Ex0.10)(F)Cost/Year1.APPLICATIONS(NotApplicable)2.SURVEYANDSTUDIES(NotApplicable)3.ACQUISITION,INSTALLATION,ANDUTILIZATIONOFTECHNOLOGYANDSYSTEMS(NotApplicable)4.REPORTREQUIREMENTSA.ReadInstructionsFacility21212.00.10.2$216B.RequiredActivitiesStacktesting(3newtestsperstackperyear)81296196.04.89.6$10,358CMSQuarterlyInspections21632132.01.63.2$3,453DailyCMSMonitoring0.214602921292.014.629.2$31,506DailyCalibrationDriftTest0.214602921292.014.629.2$31,506AllCMSmustfollowappropriateperformancespecifications0.214602921292.014.629.2$31,506C.CreateInformation(Includedin4B)D.GatherExistingInformation(Includedin4E)E.WriteReportReviewandSubmitMonitoringPlan40140140.02.04.0$4,3165.RECORDKEEPINGREQUIREMENTSSubmitQuarterlyreport16464164.03.26.4$6,905TimetoTrainPersonnel(CMSEquipment)40140140.02.04.0$4,3165.RECORDKEEPINGREQUIREMENTS(Notapplicable)TOTALANNUALLABORBURDENANDCOST1,15058115$124,0831,323HoursANNUALCAPITALCOSTS(NotApplicable)ANNUALO&MCOSTS$‐14Activity(A)HoursperOccurrence(B)Occurrences/Respondent/Year(C)Hours/Respondent/Year(AxB)(D)Respondents/Year(E)TechnicalHours/Year(CxD)(F)ManagerialHours/Year(Ex0.05)*(G)ClericalHours/Year(Ex0.10)(F)Cost/YearPerformancetests$351,420OtherAnnualCostsofInstallation(ODCandLabor)**$‐TotalannualO&Mcost$351,420ANNUALIZEDCAPITALCOSTS(NotApplicable)$‐TOTALANNUALCOSTS(O&M)$351,420TOTALANNUALCOSTS(Annualizedcapital+O&Mcost+Laborcost)$475,403**This assumes labor and supplies are included in the testing costs when testing is performed by a Contractor153. ANNUAL BURDEN AND COST TO THE AGENCY----AMENDMENTS TO PRIMARY LEAD SMELTING NESHAPActivity(A)EPAHours/Occurrence(B)Occurrences/Plant/Year(C)EPAHours/Plant/Year(AxB)(D)Plants/Year(E)EPATechnicalHours/Year(CxD)(F)EPAManagerialHours/Year(G)EPAClericalHours/Year(H)Cost,$Notificationofperformancetest0.531.511.50.10.0$89ReviewTest/CMSResults81818.00.40.1$472ReviewQuarterlyreports8324124.01.20.2$1,417TotalAnnualHours33.51.70.3$1,97735.51hours$3,95516ATTACHMENT 1. INFORMATION REQUIREMENTS----AMENDMENTS TO PRIMARY LEAD SMELTING NESHAPRequirementCitation for existingsources Citation for new sources General Provisions citationLead limit§ 63.1543(a), (b), (c) § 63.1543(a), (b)Air Lead Concentration§ 63.1544(d) § 63.1544(a)Monitoring§ 63.1547 § 63.1547 N/ANotifications§63.1548 §63.1548 63.9PlansMonitoring Plan63.1547(k)63.1547(k)N/ARecords63.1549 63.1549 63.10Reports§ 63.1549(d) § 63.1549(d) 63.10