**INFORMATION COLLECTION REQUEST SUPPORTING STATEMENT**  **Effluent Limitations Guidelines and New Source Performance Standards for the Airport Deicing Category**  **Final Rule U.S.**  **Environmental Protection Agency**

**Office of Water O**  **ffice of Science and Technology January 26, 2012** 

NOTE: EPA is presenting for public comment the estimates developed in the original Supporting Statement dated January 26, 2012 . Th e estimates will be updated, reflecting consideration of any public comments received, before the fin al submission to OMB for renewal of this Information Collection Request .i **TABLE OF CONTENTS Page**  PART A OF THE SUPPORTING STATEMENT ................................ ................................ ......... 1 1. Id entification of the Information Collection ................................ ........................... 1 a. Title of the Information Collection ................................ ............................. 1 b. Short Characterization/Abstract ................................ ................................ .. 1 2. Need for and Use of the Collection ................................ ................................ ......... 1 a. Need/Authority for the Collection ................................ .............................. 1 b. Practical Utility

/Users of the Data ................................ .............................. 1 3. Non - Duplication, Consultations, and Other Collection Criteria ............................. 2 a. Non - Duplication ................................ ................................ ......................... 2 b. Public Notice Required Prior to I CR Submission to OMB ........................ 2 c. Consultations ................................ ................................ ............................... 2 d. Effects of Less Frequent Collection ................................ ............................ 2 e. General Guidelines ................................ ................................ ...................... 2 f. Confidentiality ................................ ................................ ............................ 2 g. Sensitive Questions ................................ ................................ ..................... 3 4. The Respondents and the Information Requested ................................ .................. 3 a. Respondent NAICS Codes ................................ ................................ .......... 3 b. In formation Requested ................................ ................................ ................ 3 i. Data Items, Including Record Keeping Requirements .......................... 3 ii. Respondent Activities ................................ ................................ .......... 3 5. The Information Collected

– Agency Activities, Collection Methodology , and In formation Management ................................ ................................ ........................ 3 a. Agency

Activities ................................ ................................ ........................ 3 b. Collection Methodology and Management ................................ ................. 4 c. Small Entity

Flexibility ................................ ................................ ............... 4 d. Collection Schedule ................................ ................................ .................... 4 6. Estimating the Burden and Cost of the Collection ................................ .................. 4 a. Estimating Respondent Burden ................................ ................................ ... 4 b. Estimating Respondent Costs ................................ ................................ ..... 5 i. Estimating Labor Costs ................................ ................................ ......... 5 ii. Estimating Capital and Operations and Maintenance (O&M) Costs ... 5 iii. Capital/Start - up Operating and Maintenance Costs ............................ 5 iv. Annualizing Capital Costs ................................ ................................ .. 5 c. Estimating Agency Burden and Costs ................................ ........................ 6 d. Estimating the Respondent Universe and Total Burden Costs ................... 6 e. Bottom Line Burden Hours and Cost Tables ................................ .............. 6 i. Respondent and Agency Burden Hours and Costs ............................... 6 ii. Variations in the Annual Bottom Line ................................ ................. 6 f. Reasons for Change in Burden ................................ ................................ ... 7 g. Burden Statement ................................ ................................ ........................ 71 **PART A OF THE SUPPORTING STATEMENT**  **1. I**  **dentification of the**  **I nformation**  **Collection a.**  **Title of the Information Collection** Effluent Limitations Guidelines and New Source Performance Standards for the Airport Deicing Category ; Final Rule (40 CFR Part 449). EPA I CR No. 2326.02 . **b. Short Characterization/Abstract**  This Information Collection Request (ICR) seeks approv al of the information requirements in the Final Rule for the Effluent Guidelines and Standards for the Airport Deicing Category . EPA is promulgating wastewater regulations (effluent guidelines and standards or ELG s ) for airports that conduct deicing operations. Aircraft are deiced b y the spraying of chemicals called aircraft deicing fluids (ADF), which contain water pollutants. Airports also apply airfield pavement deicing chemicals to runways, taxiways and ramps which similarly contain water pollutants . The rule require s airports to certify that they are not using deicers containing urea for airfield pavement deicing operations . EPA and the states will use this information to determine permittee compliance with the regulations and administer enforcement actions if needed. **2. N**  **eed for and Use of the Collection a.**  **Need/Authority for the Collection** EPA is promulgating the ELG pursuant to sections 301, 304, 306, 308, 402, 501 and 510 of the Clean Water Act, as amended; 33 U.S.C. 1311, 1314, 1316, 1318, 1342, 1361 and 1370. Airports are required b y existing regulations (40 CFR Parts 122 - 125) to obtain wastewater discharge permits (NPDES program) and conduct periodic monitoring of effluent. CWA sec. 308 provides EPA and the states with explicit authority to require that permittees demonstrate compliance with regulatory requirements. **b. Practical Utility/Users of**  **t he Data**  The users of the data include both the airports and their permit authorities. The rule require s airports to certify annually that no urea is used for airfield pavement deicing (i.e. runways, taxiways, aprons and ramps) . A compliance alternative allow s airports to meet an effluent limitation for ammonia, and the airport would demonstrate compliance b y monitoring the effluent.2

**3. Non**  **- Duplication, Consultations, and Other Collection Criteria**  **a .**  **Non -** **Duplication** The rule does not duplicate other informatio n requirements. In developing the rule, EPA reviewed existing NPDES permits held by airports. Permittees do not currently provide data to permit authorities on the usage of deicing chemicals. There are no public sources available from which a permitting authority would be able to obtain this information; the information must be submitted directly

from the permittee with a signed certification, for enforcement purposes. **b. Public Notice Required Prior to ICR Submission to OMB**  A summary

of the ICR for the rule is included in the Airport Deicing ELG Federal Register notice. **c. Consultations**  EPA met with industry

stakeholders and attended airport deicing conferences during the development of the rule. Participants included members of the Airports Council International North America (ACI -NA), American Association of Airport Executives (AAAE) and Air Transport Association (ATA) . Stakeholders offered recommendations on the design of airport and airline industry

questionnaires (OMB No. 2040 - 0267) that were us ed to develop data for the proposed rulemaking, and discussed EPA's research findings, and related regulatory issues. EPA also consulted with the Federal Aviation Administration (FAA). Some stakeholders, as well as the general public, submitted comments on the 2009 proposed rule. **d. Effects of Less Frequent Collection**  Airport permittees onl y provide the certification of no use of urea to the permitting authority annually . Data submission less frequent than annuall y would prevent the p ermitting a uthorities from carrying out their duties to enforce the permit requirements. **e. General Guidelines**  The information collection requirements of the rule are in accordance with the Paperwork Reduction Act guidelines in 5 CFR 1320.5(d)(2). **f. Confidentia** **lity** Applications for an NPDES permit may contain confidential business information. However, EPA does not consider the specific information being requested by the rule to be ty pical of confidential business or personal information. If a respondent does c onsider this information to be of a confidential nature, the respondent may request that such information be treated as such. All confidential data will be handled in accordance with 40 CFR 122.7, 40 CFR Part 2, and EPA's Security Manual Part III, Chapter 9, dated August 9, 1976.3

**g. Sensitive Questions**  The rule does not require respondents to divulge information of a sensitive nature, such as private or personal information. **4. The Respondents and the Information Requested**  **a. Respondent NAICS Codes**  The re spondents affected by this information collection request are commercial airports . The North American Industry Classification S ys tem (NAICS) identification number applicable to airport respondents is: 488119 : Other Airport Operations. The U.S. Census Bureau describes this U.S. industry

as establishments primarily engaged in (1) operating international, national, or civil airports, or public flyingfields or (2) supporting airport operations, such as runway maintenance services, hangar rental, and/or cargo handling services. **b. Information Requested**  **i. Data Items, Inclu**  **d ing Record Keeping Requirements**  The rule requires airports to certify that airfield pavement deicers containing urea are not used. The compliance alternative establishes effluent limitations for discharges resulting from the deicing of airfield pavement and requires an airport to provide monitoring data for ammonia. The airport would collect samples at each outfall receiving airfield deicing stormwater and provide the anal ytical results of the samples . **ii. Respondent Activities**  For airfield pavement deicing, the airports would prepare a certification letter certifying non - use of urea -based deicers. EPA estimates that preparation of the certification letter would take 1 hour per airport . For the compliance alternative, airports that use urea -based deicers would monitor their effluent and provide monitoring reports once a ye ar. These airports would collect one sample a day

at each deicing outfall impacted for five days a week during the deicing season (26 weeks). EPA estimates that up to 37 airports that reported use of urea c ould be required to monitor ammonia on an annual basis. **5. The Information Collected**  **– Agency Activities, Collection Methodology, and**  **Information Management a.**  **Agency Activities** Every airport is currentl y covered b y either EPA’s Multi - Sec tor General Permit ( MSGP ) , an equivalent state general permit , or an individual permit, and the NPDES permitting authorities already receive, process, and review permit applications, and Notices of Intent (NOIs). Permitting authorities will also process and review certifications of non - use of urea - based deicers , and monitoring data as applicable .4

**b. Collection Methodology and Management**  Permittees will submit their certifications in a manner specified by the permitting authority . The permitting authority will review the information as part of the compliance review , and retain the information in the official permit file. **c. Small Entity Flexibility**  The rule affect s only

a small number of “small” airports. (See section XI .C, Regulatory Flexibility

Act, in the preamble of the final rule.) The reporting requirements discussed in this document are intended to give flexibility to airports that must comply with the regulations. **d. Collection Schedule**  The rule require s annual certification of non - use of airfield pavement deicers containing urea. The frequency

of monitoring requirements for ammonia, for airports choosing the urea compliance alternative , would be once a year or as directed by the permitting authority. **6. Estimating the Burden and Cost of the Collection**  **a. Estimating Respondent Burden**  Airports will prepare a certification letter certifying non - use of urea -based deicers for airfield pavement deicing. EPA estimates it will take an average of 1 hour to prepare a certification letter , and the total respondent hours to prepare the letter s is 198 hours. Airports that elect to use the compliance alternative for airfield pavement are required to monitor their discharges and comply with an ammonia limit. EPA anticipates that airports will discontinue urea use and prepare certification letters, as opposed to continuing use of urea-based deicers, because the capture and treatment of airfield runoff is prohibitively expensive, much more so than not using urea. H owever, EPA has prepared a burden estimate for the compliance alternative, as it is included in the rule. EPA estimates that 37 airports currentl y use urea - based deicers. If these airports would collect one sample per day at each affected airfield outfal l for five days for 26 weeks during the deicing season , EPA estimates it would take an average of 1 , 212 hours per airport to monitor for ammonia . EPA estimates the maximum total respondent burden to monitor ammonia w ould be 44,844 hours. For the complian ce alternative, EPA estimates the total potential respondent burden to monitor ammonia and prepare certification letter s would be 45, 005 hours. Table A.6 - 1 presents the average hour burden for airports to monitor ammonia or prepare certification letter s and the total respondent burden to demonstrate compliance with the ammonia effluent limitations. Because EPA anticipate s that airports will choose to prepare certification letters, the Agency estimates that the Total Minimum Response Burden of 198 hours is the most representative.5

**Table A.6 -**  **1 . Estimated Respondent Burden for Certification of No Use of Urea or**  **Ammonia Monitoring**

**Activity Estimated**  **Hours Burden**  **Estimated**

**Cost Burden**  **a Number of** 

**Airports Conducting**  **Activity Total** 

**Hours Total Cost**  **Total Minimum Respondent Burden (all airports certify)**  Certify No Use of Urea 1 $ 33 19 8 **19 8**  **$ 6,**  **53 4**  **Total Maximum Respondent Burden –**  **Com pliance Alternative**  **(airports currently certifying + rem aining airports m**  **onitor for ammonia)** Sam ple Collection 1,212 $19,672 37 44 , 844 $ 727 , 864 Sam ple Analysis (by contract laboratory) NA $12,692 37 NA $ 469 , 604 Certify No Use of Urea 1 $ 33 1 61 161 $ 5 , 313 Total for Compliance Alternative 198 45,005 $1,202,781 a – Labor rate of $33/hours based on average labor costs from EPA’s airport questionnaire database. S ample analysis costs estimated by EPA , for ammonia sample analysis by contract laboratory. **b. Estimating Respondent Costs**  **i. Estimating Labor Costs**  EPA e stimated respondent labor costs for the specific activities related to the reporting and monitoring requirements of the rule. Costs for the collection of data by airport personnel are based on average labor costs from EPA’s airport questionnaire database and the average labor rate is $33/hour. EPA used the estimated hours required to respond to the requirements of the rule and multiplied these costs by this labor rate. Table A.6 - 1 present s the total respondent costs to meet the reporting and monitoring requirements related to this rule. **ii. Estimating Capital and Operations and Maintenance (O&M) Costs**  Because EPA is not requiring respondents to purchase any nonexpendable goods, including equipment or machinery , to perform compliance demonstration reporting , the Agency does not expect capital costs to result from the administration of these reporting requirements . Operation and maintenance costs include onl y photocopying and postage for the completed permit application . These are costs that a facility would experience without the promulgation of this regulation . All airports are subject to existing NPDES permit s. **iii. Capital/Start** **- up Operating and Maintenance Costs**  There are no capital or start - up costs associated with compliance demonstration reporting , as described above. **iv. Annualizing Capital Costs**  There are no capital costs associated with compliance demonstration reporting, as described above.6

**c. Estimating Agency Burden and Costs**  The costs to permitting authorities ( EPA o r state agenc ies ) for review of the annual certification on pavement deicers, is negligible. **d. Estimating the Respondent Universe and Total Burden Costs**  The estimated respondent universe for compliance determination reporting under the rule is 198 airp orts . A irports must certify no use of urea for airfield pavement deicing. The annual burden and costs are presented in Table A.6 - 1 . Table A.6 - 2 below presents a summary of the total estimated activity

burden for airport respondents. **Table A.6 -**  **2. Estimated Annual Respondent Burden**  **Activity Total Hours**  **Total Cost Urea Certification**  Total Respondent Burden 198 $6,534 **Total for All Respondent Activities** Total Respondent Burden 198 $6,534

**e. Bottom Line Burden Hours and Cost Tables**  **i. Respondent and Agency Burden Hours and Costs**  Table A . 6 - 3 presents the average annual burden and costs for airport s and permitting authorities for this I CR . The average annual airport burden uses the burden estimates summarized in Table A.6 - 2 .

**Table A.6 -**  **3 . Summary of Average Annual Burden and Costs for**  **Respondents (Airports) and Permitting Authority Respondents**  **Average Annual Burden (Hours)**  **Average Annual Costs** Airports 198 198 $6,534 Permitting Authority negli g ible $ 0 **TOTAL 198**  **$6,534 ii.**  **Variations in the Annual Bottom Line** Respondent burden may

vary as shown in Table A.6 - 1 if an airport decides to swit ch from product substitution and certifi cation, to effluent monitoring.7

**f. Reasons for Change in Burden**  Not applicable , because this request does not renew or modify an existing ICR. **g. Burden Statement**  The annual public reporting and recordkeeping burden for this collection of information is estimated to average 1 hour per response. Burden means the total time, effort, or financial resources expended b y persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and s ys tems for the purposes of collecting, validating, and verifying information, processing and m aintaining information, and disclosing and providing information; adjust the existing ways to compl y with any previously

applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; co mplete 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 currentl y valid OMB control number. The OMB control numbers for EPA's regulations are listed in 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 minimiz ing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this I CR under Docket ID Number EPA - HQ - OW - 2004 - 0038 , which is available for online viewing at www.regulations.gov, or in person viewing at the Water Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW, Washington, D.C. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday , excluding legal holidays. The te lephone number for the Reading Room is (202) 566 - 1744, and the telephone number for the Water Docket is (202) 566 - 2426. An electronic version of the public docket is available at www.regulations.gov. This site can be used to submit or view public comment s, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronicall y. When in the system, select “search,” then key

in the Docket ID Number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, D.C. 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number EPA - HQ - OW - 2004 - 0038 and OMB Control Number 2040 - NEW in any

correspondence.