January 7, 2010 Information Collection Request For t he Revisions to 40 CFR Parts 72 & 75

Supporting Statement
1. 0 I dentification of the Information Collection 1.1 Title of the Information Collection Revisions to the Emissions Monitoring Rule under the Acid Rain Program, NO x Budget Trading Program, Clean Air Interstate Programs ; Amendments to the Protocol Gas Verification Program and the Minimum Competency Requirements for Air Emission Testing , EPA ICR Number 2203.03, OMB Control Number 2060

- 0626 1.2 Background Title IV of the Clean Air Act Amendments of 1990 (the Acid Rain Title ) established goals to reduce annual emissions of sulfur dioxide (SO 2 ) and nitrogen oxides (NO x ) , and place d a national cap on SO 2 e missions beginning in the year 2000. To ensure compliance with the emissions reduction requirements and to provide the national consistency needed t o foster the allowance market, S ections 408 and 412 of Title IV require the designated representative of the owners and operators of each affected acid rain sourc e to obtain an operating permit for the affected source and to certify that an approved emissions monitoring sy stem has been installed and is properl y operated at each affected unit ' s source of emissions. In addition, under a Federal NO x Budget Trading Program developed in conjunction with ozone attainment efforts in the eastern United States, many additional sources also had to meet similar requirements as part of a regional emissions trading program. In May 2005, EPA promulgated the Clean Air Interstate Rule (CAIR), which has broaden ed the trading program concept to additional sources. Emissions monitoring and reporting is the foundation upon which these allowance trading s ys tems are based. Without accurate monitoring and reporting of emissions, the integrity of the allowance s ys tem would be undermined, and there would be no assurance that emissions had been reduced. The legislative requirements in Title IV require all affected Phase I and Phase II sources to install SO 2 and NO x CEM sy stems, opacity monitors (COMS), and flow monitors (or approved alternatives). Affected gas

- and oil

- fired units may elect to use approved alternative monitoring methods that involve fuel flowmeters and fuel sulfur sampling and anal ys is. In addition, peaking units that burn natural gas and/or fuel oil may use an excepted method for calculating NO x emission rates. Finally , EPA allows certain low mass emissions (LME) units to use assumed emission factors together with operational data to calculate emissions. EPA has fol lowed similar requirements for new emissions trading programs. Data handling or reporting is required b y the law, but not specified. Under the promulgated regulations, however, EPA imposes data handling, reporting, and recordkeeping requirements. EPA r equires that all affected units required to monitor and report emissionsDRAFT Information Collection Request January 7, 2010 Page 2 under these trading programs use a data acquisition and handling s ys tem (DAHS) to record and submit hourly

data in an electronic format. Beginning in April 2009, electronic reporting is occurring in a recently

developed XML format using EPA ' s Emissions Collection and Monitoring Plan Sy stem (ECMPS). T he burden associated with most of the Part 75 requirements , including DAHS changes needed to use the ECMPS reporting approach, is currently included in the program

- specific ICR for all affected sources. The rulemaking covered by this ICR outlines new, revised reporting and recordkeeping requirements for facilities subject to Part 75. The proposed rule requires such facilities to follow requirements that assure that facilities properl y use A ir Emission Testing Bodies (AETBs ) that meet certain standards and obtain EPA Protocol gas from vendors that participate in EPA ' s Protocol Gas Verification Program (PGVP). Th e PGVP program requires any participating EPA protocol gas production site to meet certain requirements and notify the Administrator of its intent to participate on an annual basis . Under the quality assurance and quality

control requirements, Part 75 facilities must use AETBs th at meet the revised requirements under Appendix A to P art 75, Section 6.1.2, which includes a specification that the requirements (e.g., qualification exams) of ASTM D7036

- 04 appl y to RATAs, stack testing , and NO x emission testing. These new requirements clarify the documentation needed for proof of compliance, including certification, quality assurance , and quality

control record provisions. Some of these changes may

in fact, reduce the burden for sources and AETBs by streamlining the process. This I C R covers the specific elements and burden that will result from the new AETB requirements, including passing the Qualified Stack Test Individual (QSTI) competency exam and development of a QA manual by affected stack testing companies , and the new PGVP requirements including annual notifications and re

- notifications that include the specialty gas compan y name ; the name an d address of each participating EPA Protocol gas production site owned or operated b y the specialty gas company ; and the name, email addre ss and phone number of a contact person at each site
. This I CR also covers the burden associated with some minor changes to the recordkeeping and reporting requirements under Part 75. The cost incurred on affected sources (or respondents) will be in the form of increased fees charged b y AETBs and vendors participating in the PGVP , which are expected to pass along the costs n e ce ssitated by the new requirements in the proposed rule as well as the burden associated with ensuring that the minor modifications to the requirements for reporting AETB and PGVP related information to EPA are met on an ongoing basis
. This ICR also covers the small increase in Agency burden to manage these programs and track compliance. In addition to covering the increase d fees and burden to Part 75 sources resulting from the revisions to AETB and PGVP requirements, this I CR also covers some a dditional reporting requirements. These include revisions to §§ 75.53, 75.58, and 75.59, that add various data elements that were inadvertently left out of the August 22, 2006 proposed rule and the January 24, 2008 final rule. These data elements have already been incorporated in the DAHS of Part 75 affected units and are required to ensure that EPA ' s new reporting software data requirements are consistent with the regulatory requirements.DRAFT Information Collection Request January 7, 2010 Page 3 1. 3 Information to Be Collected The existing requirements in 40 CFR Part 75 are mandatory for all sources subject to the Acid Rain Program under Title IV of the Clean Air Act, as well as certain other emissions trading programs administered b y EPA. These requirements are covered by existing ICRs for the Acid Rain Program (ICR No. 1633.1 5 , OMB Control Number 2060
- 0258) and the Clean Air Interstate Rule (I CR 2152.0 3 , OMB Control Number 2060

- 0570 ). The information requirements in this I CR are based on revisions to the minimum competency requirements for air emission testing , and reflect the increase in costs to sources that need to pay for services provided b y stack testers and stack testing companies
. The proposed rule contain s some minor reporting and recordkeeping provisions related to the AETB and PGVP requirements, and EPA assumes that there will be a small additional burden associated with these requirements
. Thus, this IC R covers : ( 1) the increm ental increase in testing costs that will be passed along to sources from air emission testing bodies (i.e., stack testers and stack testing companies) due to the increased burden resulting from revisions to the minimum competency requirements for these co mpanies ; ( 2) the incremental increase in the cost of EPA Protocol gas cylinders that will be passed along to sources from vendors participating in PGVP due to the increased burden resulting from revisions to the cylinder anal ys is, reporting and notificatio n requirements for these companies; ( 3) the one time labor burden for sources to review the new requirements included in the rule ; and (4) the increase in burden to Part 75 affected sources for compl yi ng with the modified recordkeeping and reporting requirements associated with the AETB and PGVP provisions
. Nearl y all burdens associated with Part 72 and 75 requirements for the affected sources that report data, will remain covered b y the underlying ICRs of the existing programs. T he burden estimates un der the existing program ICRs will be adjusted accordingl y to reflect the additional burdens and costs summarized in this ICR when those existing program ICRs are updated . At that time, EPA will re

- examine the overall reporting and recordkeeping burdens g enerall y under Part 75 as revised b y these AET B and PGVP

- related requirements
. The annual respondent reporting burden for this collection of information is estimated t o be 2,254 labor hours , which results in an associated annual cost of $ 181 , 881 and ref lects the small amount of time per year for respondents to review the updated rule requirements. In addition , there is an annual operations and maintenance

- related cost to respondents of $ 900,108 due to the expected increase in fees charged b y AETBs and v endors participating in PGVP resulting from the additional requirements imposed by this proposed rule
. As such, the total annual cost to respondents as a result of this proposed rule is estimated to be $ 1, 081 , 989
. 2. 0 Need For and Use of the Collection This section describes EPA ' s need for the information collection described above and the legal authority

for conducting collections. The users of collected information are also described. 2.1 Need/Authority for the Collection Section 412(a) of Titl e IV requires the use of CEM sy stems (or alternative monitoringDRAFT Information Collection Request January 7, 2010 Page 4 sy stems demonstrated to be equivalent) at each affected unit ' s source of emissions. Section 504(a) of Title V requires that the results of any required monitoring be submitted to the permitti ng authority no less often than every six months. The information collection is consistent with satisfying these minimum statutory requirements. EPA ' s model rules for implementation of CAIR (40 CFR part 96, subparts AA

- end) impose comparable requirements
. Results of continuous emission monitoring sy stem performance tests allow EPA to certify that monitors perform well enough to produce accurate emissions data. Emissions data is used to monitor compliance with emissions requirements under Title IV and o ther EPA trading programs, and to provide a basis for anal yz ing progress in meeting air quality objectives. 2.2 Practical Utility/Users of the Data Data from emissions monitoring is indispensable to successful implementation of EPA trading programs. E PA can only monitor compliance with and enforce these trading programs by having accurate emissions data for each affected unit. Electric utilities, energy

consultants, and power marketing companies can use the emissions data to project future allowance costs and availability
. Academic institutions can perform data modeling to evaluate environmental benefits and estimate health effects of emissions reductions. EPA and other agencies use the data to try to correlate the reduction of SO 2 and NO x emissions with a decrease in acid precipitation and ambient air quality pollutant levels, and also to measure the impacts of other existing and proposed emissions trading programs. The emissions data provide the accountability to allow these trading programs to function without more stringent command and control approaches. 3. 0 Nonduplication, Consultations, and Other Collection Criteria This section describes : (1) efforts by EPA to learn whether the information requested is available from other sources; (2) c onsultations with respondents and data users to plan collections, monitor their usefulness, and minimize the collection burden ; (3) effec ts of less frequent collections; and (4) an y issues related to confidentiality
. 3.1 Nonduplication All information requested from respondents under this I CR is required b y statute and/or regulation, and the majority of the associated burden and costs of complying are covered by existing I CRs. This I CR covers the need for respondents to review the revisions to Part 75 and update their recordkeeping and reporting procedures necessitated b y changes in the AETB and PGVP requirements and to pay for any increase in testing fees or cylinder costs that result from those requirements. 3.2 Consultations As part of the ECM PS project, EPA has met with many stakeholders and received inputDRAFT Information Collection Request January 7, 2010 Page 5 on the changes under consideration and the timetable for action. Stakeholder input is already reflected within the Part 75 rule revisions that add simple recordkeeping requirements to allow EPA to verify

that : 1) Part 75 affected units are using Qualified Individual s and AETB s that meet the rule requirements ; and 2) Part 75 affected units are using gas cylinders from EPA Protocol gas production sites that are participating in the PGVP
. Ina ddition, EPA contacted two stack testing companies and two gas suppl y companies to obtain information on the potential increase in fees and cylinder costs. The feedback received from these consultations was incorporated into the estimates for burden and c ost. 3.3 Effects of Less Frequent Collection The general schedule for submissions is established in the underlying emissions trading programs. The minimal data elements imposed by these rule revisions are consistent with the process established and i mplemented generally for all other Part 75 recordkeeping and reporting elements and enables sources to build these minimal requirements into their basic Part 75 reporting process. 3.4 Confidentiality and Sensitive Questions In formation collected throu gh this activity is not confidential or of a sensitive nature. 4. 0 The Respondents and the Information Requested This section lists the major categories of businesses that participate in EPA

- administered emissions trading programs, the data items reque sted from program participants, and the activities in which the participants must engage to assemble or submit the required data items. 4.1 Respondents/NAICS Codes Entities regulated b y this action primaril y are fossil fuel

- fired boilers, turbines, and combined cycle units that serve generators that produce electricity, generate steam, or cogenerate electricity and steam. Although for the Acid Rain Program, P art 75 primarily regulates the elec tric utility

industry , certain s tate and Federal NO x mass em ission trading programs rel y on S ubpart H of P art 75, and those programs may include industrial boilers, turbines, and combined cycle units, and certain process units from other industries (such as refinery process heaters or cement kilns). 4.2 Infor mation Requested This section lists the data items requested from affected sources for the collection described in this I CR. This section also defines the activities in which respondents must engage to assemble, submit, or store these data items. 4.2. 1 Data Items, Including Recordkeeping Requirements There are a small number of new data items requested from respondents under theDRAFT Information Collection Request January 7, 2010 Page 6 proposed rule . These include revisions to §§ 75.53, 75.58, and 75.59, that add various data elements that were inadvertently left out of the August 22, 2006 proposed rule and the January 24, 2008 final rule. These data elements have already been incorporated in the DAHS of Part 75 affected units and are required to ensure that EPA ' s new reporting software data requirements are consistent with the regulatory requirements. As such, the incremental changes to the recordkeeping and reporting requirements add only a small additional burden for sources
. T his ICR covers the small one - time burden associated with the respondents ' re view of the Part 75 revisions included in the proposed rule , the small annual burden associated with ensuring compliance with the additional recordkeeping and reporting requirements, and the marginal increase in fees charged by AETBs and vendors participating in the PGVP to respondents (i.e., the increase that can be attributed to the new testing competency requirements in the rule and the new cylinder anal ys is, reporting and notification requirements for PGVP vendors )
. Emissions monitoring requirements specify that affected sources must : (1) submit a monitoring plan for each affected unit at a source ; (2) submit data for certification of each monitor ; and (3) record hourly operational, pollutant monitor, and flow monitor data for each affected unit and submit quarterl y reports of their emissions data to EPA. Respondents are required b y 40 CFR 75.64 to submit the quarterly emissions data electronically , by direct electronic submission to EPA, and must also include a certification statement by the designated representative of the unit. Under the 2002 rule revisions, EPA requires the certification statement to be submitted electronically unless it approves a hardcopy submission. All records are to be kept for three years. 4.2.2 Respondent Activities The primary

tasks that are performed by respondents to meet the emissions monitoring requirements are : (1) completing and submitting appropriate monitoring plan forms for each affected source and each affected unit at a source; (2) conducting tests to certify the operation of monitors, and submitting test results to EPA; (3) recording hourl y emissions data (this activity generall y is performed electronicall y); (4) operation and maintenance activities associated with the monitoring, including quality assurance activities; (5) assuring data quality , preparing quarterl y reports of emissions data and submitting these reports to EPA; and (6) responding to error messages generated by EPA as a part of automated data checks or electronic audits, or to field audits conducted b y EPA. In addition, respondents must purchase the necessary monitoring hardware (or pay

for fuel sampling and anal ys is in some cases) and purchase the electronic data reporting software (or software upgrades). This I CR covers the marginal inc rease in burden associated with respondents ' review of the new requirements in the rule , the marginal increase in burden associated with ensuring compliance with the modified recordkeeping and reporting requirements (i.e., to report AETB and PGVP

- related i nformation along with other emissions data), and the marginal increase in fees imposed on respondents by AETBs and PGVP vendors as necessitated by changes in EPA ' s requirements for verification of AETB ( including Qualified Individuals ) and cylinder anal ys i s, notification and re

- notification from vendors participating in PGVP
.DRAFT Information Collection Request January 7, 2010 Page 7 5. 0 The Information Collected -- Agency Activities, Collection Methodology, and Information Management The first part of this section describes Agency (EPA) activities related to the acquisition, anal ys is, storage, and distribution of the information collected from designated representatives of affected sources that are required to submit monitoring and emissions data. The second part describes the information management techniqu es employed to increase the efficiency of collections. The third part discusses the burden or benefits of the collection activities described in this I CR to small entities. The last part outlines the schedule for collecting information. 5.1 Agency Activities The major EPA activities related to emissions monitoring and reporting include : (1) reviewing monitoring plans and certification applications; and (2) processing, reviewing and evaluating reports of quarterl y emissions data from affected units. These activities are covered by existing ICRs. This ICR include s the incremental additional burden associated with maintaining and updating the list of vendors that participate in the PGVP , annually posting cylinder anal ys is results, reviewing the reporte d EPA Protocol gas production sites, and credentials of Qualified Individuals associated with an AETB . EPA staff will maintain a list of participating PGVP vendors (and will update that list on an as

- needed, ongoing basis) on EPA ' s website. 5.2 Collec tion Methodology and Management To ensure consistency

nationwide and to expedite (1) data entry , (2) the allocation of allowances , and (3) permit issuance, EPA requires that standard reporting forms or equivalent formats or standard electronic reporting formats be used to submit all information to be collected under this I CR. In 200 8, EPA made revisions to Part 75 monitoring, recordkeeping, and reporting requirements to accord with the fundamental changes in EPA ' s data sy stems, which are designed to unif

y and simplify

data reporting, as well as to provide flexibility to respondents. EPA also has established the Clean Air Markets Home Page on the Internet, which includes detailed information collected from emissions reports. Those without access to the Internet may use the Acid Rain Hotline to request information. EPA will maintain a current list of PGVP vendors that is posted and maintained on EPA ' s website. S ources may use this list to ensure that they are purchasing EPA Protocol gas cylinders from a participating vendor
. 5.3 Small Entity Flexibility For purposes of this I CR , a small entity is defined as: (1) A small business as defined b y the SBA ' s regulations at 13 CFR 121.201 ; (2) a small governmental jurisdiction that is a government of a city , county , town, school district or special district with a population of less than 50,000; or (3) a small organization that is any not

- for
- profit enterprise whic h is independentl y owned and operated and is not dominant in its field. Indetermining whether a rule has a significant economic impact on small entities, the impact of concern is any significant adverse economic impact on small entities, since the primary purpose of the regulatory flexibilityDRAFT Information Collection Request January 7, 2010 Page 8 anal ys is is to identify

and address regulatory

alternatives " which minimize any significant economic impact of the rule on small entities
. " 5 U.S.C. 603 and 604 . Thus, an agency may certify that a rule will not have a significant economic impact on a substantial number of small entities if the small entities can pass through costs to their customers or rate payers, if the rule generall y does not regulate small entities, or the rule relieves regulatory burden or otherwise generall y has a positive economic effect on all of the small entities subject to the rule. The marginal increase in burden that is estimated in this I CR will not have a significant economic impact on a substantial number of small entities. Nearl y all affected sources are large electric generating facilities that will face an incremental increase in cost associated with very small increases in the testing fees charged b y AETBs and PGVP vendors
. For AETBs, the main costs to comply

with the ASTM D7036

- 04 standard are associated with taking a qualified stack test individual c ompetency exam, and developing or revising a quality assurance manual. PGVP vendors will be required to have a small number of their cylinders anal yz ed each ye ar, and provide annual notification to EPA staff with basic information on their facility and other information relevant to the PGVP. The costs will be passed through to the customers , which are generall y Part 75 affected sources, including large electric utility and industrial companies
. 5.4 Collection Schedule Under Part 75, m onitoring plans must be submitted initially , and at subsequent intervals if elements of the monitoring plan change over time. Quarterly reports are due for each quarter during the life of this information collection request. Inaddition, Part 75 provide s for notificati ons to the Agency for semi

- annual or annual quality assurance testing and for situations where a unit will have a revised certification deadline (for example, notifications of unit start

- up for new units). This collection schedule is provided for under ex isting I CRs. The minimal AETB and PGVP

- related reporting elements as well as the small number of additional reporting elements in the proposed rule are included within this basic Part 75 reporting framework so that sources can adapt their reports to add these minimal elements easil y into their existing processes. 6. 0 Estimating the Burden and Cost of Collections This section estimates the annual paperwork burden and cost to sources for adapting their recordkeeping and reporting s ys tems to the revised requirements. The information requirements in this I CR are based on the revisions to the AETB and PGVP requirements as well as the minor additions to required reporting data elements . The estimates in this I CR reflect the increase in burden to the AETBs and PGVP vendors that will be necessitated by these new requirements and passed on to Part 75 sources in the form of increased testing fees (i.e., for using AETB’s that meet ASTM D7036
- 04) and increased costs associated with EPA Protocol gas purchases
. In addition, the estimates in this I CR reflect a small burden to Part 75 sources for a one

- time rule review and an incremental increase in the annual burden associated with minor modifications to the recordkeeping and reporting requirements (i.e., for trackin g AETB and PGVP

- related information and data). 6.1 Estimating Respondent BurdenDRAFT Information Collection Request January 7, 2010 Page 9 The primary

tasks performed by AETB s as a result of the proposed rule are to comply with the ASTM D7036

- 04, which includes : (1) taking a qualified stack test individual co mpetency

exam; and (2) developing or revising a quality assurance manual
. The primary tasks performed b y vendors participating in EPA ' s PGVP as a result of the proposed rule are to have a small number of their cylinders anal yz ed with results reported to E PA, and provide an annual notification to EPA. Although AETBs and PGVP vendors are not considered to be respondents to which the IC R requirements apply , the resulting increase in costs to comply with these requirements will be passed on to Part 75 sources in the form of increased fees. For affected sources, the proposed rule contains some minor reporting and recordkeeping provisions related to the AETB and PGVP requirements and also requires a small number of other additional data elements to be reporte d
. For the AETB

- related requirements, sources need to record and report the following information as provided by the AETB in electronic and hardcop y format : the name, telephone number and e

- mail address associated with the AETB and the name of the on

- sit e Qualified Individual . Also , for the reference method(s) that were performed, sources need to report the expiration date of the evidence (such as a certificate from a qualification exam provider) that the Qualified Individual has passed the relevant qual ification exam(s) required b y ASTM D 7036
- 04 ; and the name and email address of the qualification exam provider ; and certificate of accreditation or interim accreditation for the relevant test method issued by

a recognized national accreditation body or a letter of certification for the relevant test methods signed by a member of the senior management staff of the AETB (recordkeeping onl y in electronic or hardcop y format)
. For the PGVP

- related reporting requirements, sources need to report certain informat ion for the mid

- or high

- level EPA Protocol gas (as applicable) that is used for dail y calibration error tests, and for the low

- , mid

- , and high

level gases used for quarterly linearity checks (the information required is reported for each gas monitor and for both low and high measurement ranges ). Note that f or O 2 , instead of reporting this information, if purified air is used as the high

- level gas for daily calibrations or linearity checks, sources need to record the following information for the low

- and mid

- level EPA Protocol gas used for linearity checks: (1) Gas level code; (2) A code for the typ e of EPA Protocol gas used; (3) Start date and hour for EPA Protocol gas ty pe code; ( 4 ) End date and hour (if applicable) for EPA Protocol gas ty pe code; (5) The PGVP vendor ID issued by EPA for the EPA Protocol gas production site that supplied the gas cylinder; (6) Start date and hour for PGVP vendor ID; and (7) End date and hour (if applicable) for PGVP vendor ID.DRAFT Information Collection Request January 7, 2010 Page 10
Since the procedures and sy stems allo wing for these data to be reported are already in place and being used, EPA has assumed that the burden associated with these additional reporting requirements are relativel y small. As EPA renews the underl yi ng ICRs for Part 75 [i.e., the Acid Rain Program (I CR No. 1633.15, OMB Control Number 2060

- 0258), and the Clean Air Interstate Rule (I CR 2152.03, OMB Control Number 2060

- 0570)], EPA will reevaluate the burden associated with these reporting activities in conjunction with reviewing the estimated burdens for all other aspects of Part 75 recordkeeping and reporting. 6.2 Estimating Respondent Costs T he annual respondent costs will consist of : 1) the costs associated with a small labor burden for sources to review the new requirements included in the proposed rule and compl y with the modified reporting requirements; and 2) the marginal increase in fees resulting from the new AETB and PGVP requirements. To estimate labor costs, EPA used the Bureau of Labor Statistics ' (BLS) National Industry

- specific O ccupational Wage Estimates (May 200 8 ) for the Engine and Turbines Industry under Standard Industrial Classification (SIC) code 351 and increased b y a factor of 1.6 to account for benefits and overhead. A reference between the applicable SIC and NAICS code s used to update hourly rates for this I CR is available on the BL S website at: http://www.bls.gov/oes/2008/may /naics3_336000.htm
. The mean hourl y rate of $80.71 used for this ICR is based on an even split between the following two labor categories: Mechanical Engineers (SOC Code 17

- 2141) of $33.75 ($54.00 when increased by a factor of 1.6 ) and Lawyers (SOC Code 23

- 1011) of $67.14 ($107.42 when increased by a factor of 1.6)
. 6.3 Estima ting Agency Burden and Costs EPA estimates that there will be an incremental additional burden associated with maintaining and updating the list of vendors that participate in the PGVP , and associated with reviewing the reported credentials of Qualified In dividuals associated with an AETB
. EPA will : 1
. R eview PGVP applications, post the PGVP participants on Agency web sites , and make adjustments as needed; 2. R eview and post cylinder anal ys is results; and 3. D evelop and implement annual work ass ignment s for obtaining cylinders for audit ing purposes . EPA estimates that one staff person will need to spend a total of 100 hours per year to complete these tasks
. In addition, there will be a one

- time burden of 2 1 hours associated with software programming that will be necessary to ensure that each Part 75 stack test has basic information for the corresponding AETB and Qualified Individual. EPA estimates a burden of 40 hours per ye ar to review and resolve any issues or problems associated with ensuri ng that the AETB and Qualified Individual information is both accurate and current.DRAFT Information Collection Request January 7, 2010 Page 11 Government cost is based on GS

- 13 salary for professional engineers ($ 43.99 /hr), adjusted by

a factor of 1.6 to account for government benefits, resulting in a final rat e of $ 70.38 /hr. The hourl y rate was obtained from the U.S. Office of Personnel Management, " Salary Table 200 9
- GS " (http://www.opm.gov/oca/0 9 tables/html/gs_h.asp). Agency time is estimated for managing the PGVP (which encompass all four activities listed above) in Table 1 below
. Note that there are no capital or operation and maintenance costs associated with the Agency burden. Table 1 Agency Burden and Cost

Information Collection Activity Number of

Responses Labor Cost

P er Response ($70.38/hr) Hour s Per

Response Total

Hou r s Per Year Total Cost

Per Year Manage PGVP 50 140.76 2 100 $7,038 Software Programming for AETB 1 492.66 7 7 $493 Quality Assurance for AETB Information 5 563.04 8 40 $2,815 TOTAL 147 $10,346
6. 4 Estimating the Respondent Universe and Total Burden and Costs EPA used a combination of the existing Acid Rain Program (ICR No. 1633.15, OMB Control Number 2060

- 0258) and the Clean Air Interstate Rule (ICR 2152.03, OMB Control Number 2060

- 0570) to estimate the total number of resp ondents, labor costs, and O&M costs to determine impacts of the rule. Based on these previously established numbers EPA estimates that there are total of 1,502 facilities that will be respondents affected b y the requirements of the rule. This includes fa cilities affected b y both ARP and CAIR. Each of these respondent s will be subject to a total one - time burden of three hours ( i.e., one hour per ye ar during the time period covered b y this ICR) to review the rule requirements as well as an annual burden of one - half hour to ensure compliance with the modified recordkeeping and reporting requirements (as described in Section 6.1 above) at mean hourl y labor cost of $80.71 , which results in a total annual cost of $ 181,881 (See Table 2 below ).DRAFT Information Collection Request January 7, 2010 Page 12 Table 2 Burden Cost to Respondents

Information Collection Activity Mean

Hourly Rate Hours per

Activity / Year Number of

Respondents (Facilities) Respondent

Hours/Year Total Labor

Cost per Year ARP Respondents One Time Rule Review $80.71/Hr 1 1,249 1 , 249 $ 100,807 ARP Respondents Com pliance with Modified Reporting Requirements $80.71/Hr 0.5 1,249 625 $ 50,444 CAIR Respondents One Time Rule Review
● Non ARP NBP 1 Sources in PM/O 3 and PM Only States (Facilities) $80.71/Hr 1 138 138 $ 11,138
● Non ARP non
-NBP Sources in PM/O 3 and PM Only States (Facilities) $80.71/Hr 1 104 104 $ 8,394
● Non ARP NBP Sources in O 3 Only States (Facilities) $80.71/Hr 1 10 10 $ 807
● Non ARP non
-NBP Sources in O 3 Only States (Facilities) $80.71/Hr 1 1 1 $ 81 CAIR Respondents Com

pliance with Modified Reporting Requirements
● Non ARP NBP Sources in PM/O 3 and PM Only States (Facilities) $80.71/Hr 0.5 138 69 $ 5,569
● Non ARP non
-NBP Sources in PM/O 3 and PM Only States (Facilities) $80.71/Hr 0.5 104 52 $ 4,197
● Non ARP NBP Sources in O 3 Only States (Facilities) $80.71/Hr 0.5 10 5 $ 404
● Non ARP non
-NBP Sources in O 3 Only States $80.71/Hr 0.5 1 0.5 $ 40

1 Although EPA is no longe r administering the NO x budget trading program (see, 40 C.F.R. § 51.121(r)(1), text and respondent counts were taken directly from the previous CAIR ICR and EPA has used the ARP and CAIR ICR respondent counts for the purposes of this ICR for consistency. This approach is appropriate as the same units are covered and this ICR updates existing ICRs.DRAFT Information Collection Request January 7, 2010 Page 13 (Facilities) Total 1,502 2,254 $ 181,881
In addition to the respondent burden associated with rule review and compliance with the modified reporting requirements , EPA estimated the burden associated with increased annual quality

- assurance and maintenance for each unit. Based on information provided by stack testing firms, a conservative one percent increase was applied to the previously established annual O&M costs per unit at each respondent facility . The PGVP vendors that were contacted estimated an increased cost of two dollars or less per cylinder. EPA assumes that these costs will be passed on to respondents. To calculate increased O&M costs per respondent, EPA assumed an average six cylinders per year per unit at an increased cost of two dollars per cylinder whi ch results in an overall increase of $54,156 per year . As such, the QA testing and maintenance costs for units affected b y ARP and CAIR along with the increased cylinder costs that are passed along to respondents b y PGVP vendors, results in an estimated t otal annual cost of $900,108 for Part 75 QA activities (see Table 3). Note that only the marginal increase in fees that can be attributed to the requirements for AETBs and PGVP vendors in the proposed rule were included in this estimate.DRAFT Information Collection Request January 7, 2010 Page 14 Table 3 Increa sed Annual QA and Maintenance Costs *

Information Collection Activity Previously E stablished Cont./O&M Cost Increased

Cont./O&M Cost per Respondent Number of

Respondents (Units) Increased

Total Cost/Year ARP Perform QA Testing and Maintenance Model A (CE MS) $31,949 $ 319 1,046 $33 3 ,674 Model C (App D

-- NO x CEM) $17,818 $178 2,107 $375,046 Model D (App D and E) $1,843 $19 438 $8,322 Model E (LME) $1,991 $20 145 $2,900 CAIR Perform QA Testing and Maintenance
● Non ARP Sources in PM/O 3 and PM Only State s

-- Solid Fuel: SO 2 , NO x , and Flow CEMS (units) $31,200 $312 102 $31,824

-- Gas
- Oil: NO x CEMS and App D (units) $17,400 $174 493 $85,782

-- Gas
- Oil Peaking Units: App D, App E, or LME methods (units) $1,800 $18 150 $2,700
● Non ARP Sources in O 3 Only States

-- Solid Fuel: SO 2 , NO x , and Flow CEMS (units) $20,800 $208 4 $832

-- Gas
- Oil: NO x CEMS and App D (units) $17, 400 $174 28 $4,872

-- Gas
- Oil Peaking Units: App D, App E, or LME methods (units) $1,800 $18 0 $0 PGVP Increased Costs ($2 per cylinder at an assumed average of 6 cylinders per year) $12 4 , 513 $54,156 Total $ 900,108 *Note: As discussed in text, n o increased labor burdens; marginal O&M cost increases only.DRAFT Information Collection Request January 7, 2010 Page 15 6. 5 Reasons for Change in B u rden The burden estimated in the prec eding ICR (2203.0 3 ) included the one - time burden associated with reviewing the January 2008 Part 75 rule revisions , as well as the burden associated with DAHS upgrades and debugging. The one

- time burden for reviewing the January 2008 Part 75 revisions in the rule no longer applies and the burden associated with DAHS upgrades is currentl y included in the program

- specific I CR for all affected sources. As noted above, this collection request reflects the additional one

- time burden for Part 75 sources to revi ew the AETB
- related and PGVP

- related requirements in the rule , the annual burden associated with compl yi ng with the modified reporting requirements, and the additional O&M costs that Part 75 sources will incur as a result of increased AETB and PGVP costs f or Part 75 testing due to compliance with the revised requirements. EPA ass umes that these costs may be passed along to Part 75 sources in the form of higher testing fees. This ICR also reflects the Agency burden associated with maintenance and quality a ssurance of the PGVP and AETB program s . 6. 6 Burden Statement The total annual respondent burden is estimated to be 2,254 hours, with total annual labor and O&M cost s estimated to be $ 1, 081,989 . This estimate includes the burden associated with the i ncrease in fees from AETBs and PGVP vendors resulting from their compliance with the new requirements in the rule as well as the small labor burden for sources to review the new requirements and comply with the modified recordkeeping and reporting requirem ents
. When the respondent burden is combined with the Agency burden, the overall burden and cost per year is estimated to be 2,401 hours and $ 1, 092 , 335 , respectivel y . Burden means the total time, effort, or financial resources expended b y persons to ge nerate, 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 verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing way s to comply with an y 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 display s a currently

valid OMB control number. The OMB control numbers for EPA ' s regulations are listed in 40 CFR P art 9 and 48 CFR C hapter 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 I CR under Docket ID Number EPA
- HQ
- OAR
- 200 9
- 0837 , which is available for online viewing at 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 3334 , 1301 Constitution Avenue, NW, Washington, D.C. The EPA Docket Center Public Reading Room is open fromDRAFT Information Collection Request January 7, 2010 Page 16 8:30 a. m. to 4:30 p.m., Monday through Friday , excluding legal holiday s. The telephone number for the Reading Room is (202) 566

- 1744, and the telephone number for the Air and Radiation Docket and Information Center is (202) 566

- 1742 . An electronic version of th e public docket is available at 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 electronical ly . When in the sy stem, select " search, " then key in the Docket ID Number identified above. Also, yo u can send comments to the Office of In formation and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, D.C. 20503, Att ention: Desk Officer for EPA. Please include the EPA Docket ID Number EPA
- HQ
- OAR
- 200 9
- 0837 and OMB Control Number 2060

- 0626 in any correspondence.January 7, 2010 Appendix A Summary of Revisions in Proposed Rule
The Proposed Rule for Amendments to the Minimum Compe tency Requirements for Air Emission Testing and Protocol Gas Verification Program includes the following:

● Revised 75.21(g) to require any EPA Protocol gas production site that participates in the PGVP to notify

the Agency

of its intent to participate. Program participants would need to notify EPA of their intent to participate on an annual basis. EPA would issue a vendor ID number to each participant , which would then be a required data element in each electronic quarterl y report. EPA will maintain a list of participants and other program information on a website.

● Revised the recordkeeping and reportin g requirements under §§75.59 and 75.64 to enable EPA to verify

that Part 75 affected sources are using EPA Protocol gases from participating sites and to inform gas cylinder selection for the PGVP audits
. The new electronic quarterl y data elements in §75 .64 would be reported on and after January 1, 2011 and would be submitted prior to or concurrent with the submittal of the relevant quarterl y el ectronic data report
. ● Amended §6.5.10 of Appendix A to Part 75 to require that the EPA Protocol gases used when performing Methods 3A, 6C, or 7E must be from EPA Protocol gas production sites participating in the PGVP.

● A dded simple rec ordkeeping requirements under § 75.59 , and reporting r equirements under §75.63 and § 75.64 to allow the Agency to verify that a Qualified Individual and an Air Emission Testing Body meet the applicable requirements (see Appendix B)
. R ecordkeeping and reporting elements include the name, telep hone number and e mail address of the Air Emission Testing Body and the on

- site Qualified Individual , and the name and email address of the QI exam provider, and date of the exam
. ● Amendment to S ection 6.1.2 of Appendix A to clarify assumptions with respect to ensuring the validity

of test data
. ● R emov ed mercury

monitoring provisions
. ● C larif ied self certification and third party accreditation provisions to ensure AETBs comply with ASTM D 7036
- 04
. ● Amended §75.4(d) to clarify the applicability

provisions for units in long

- term cold storage after having completed initial certification and amended §75.4(e) to ensure that all new ARP units are provided the same 90 operating day /180 calendar day

flexible window of time to perform the necessary monitoring s ys tem testing when a new stack is constructed or add

- on SO 2 or NO x emission controls are installed.Appendix A November 11, 2009 Page A
- 2
● Amended §75.6 to add Section 3, Small Volume Provers, First Edition t o the American Petroleum Institute (API) Manual of Petroleum Measurement Standards, Chapter 4

-- Proving Sy stems.
● Amended §§75. 53, 75.58, and 75.59, by adding various data elements that were inadvertentl y left out of the August 22, 2006 proposed rule and the January 24, 2008 final rule. These data elements have already been incorporated in the data acquisition and handling s ys tems of Part 75 affected units, and are needed to make EPA ' s new reporting software data requirements consistent with the regul atory requirements.

● Proposed to revise §75.22(a)(5)(iv) to onl y allow “dynamic spiking” as an additional Method 7E quality

assurance check; and paragraph (v) to disallow multiple Method 7E runs to be performed before conducting the post

- run bias or sy stem calibration error check.

● Proposed to remove from §75.47(b)(3) the requirement for an owner or operator to demonstrate that emissions for a class

- approved alternative monitoring s ys tem (AMS) are de minimis and proposed to remove the requirement for EPA to publish a FR not ice for a 30
- day public comment period prior to granting a class

- approved AMS.

● Proposed to add a new paragraph (d) to §§75.62 and 75.63 to require the Designated Representative or the Alternate Designated Representative to enclose a hard copy cover le tter with each hard copy monitoring plan and certification or recertification submittal , but to make it optional for electronic submittals
.
 Proposed to revise Part 75, Appendix A, Section 4 to update reporting formats.

● Proposed to amend Part 75, Appe ndix A, Section 5.1.4(b) and Section 5.1.5 to clarify the meaning of the plus or minus 2.0 percent performance specification for EPA Protocol gases and research gas mixtures , and to update contact information for the National Technical Information Service
.January 7, 2010 Appendix B Summary of Standard Practice for Competence of Air Emission Testing Bodies (ASTM D7036 - 04)
ASTM D7036
- 04 specif

ies general requirements for competence to perform air emissions tests of stationary

sources. These standards were develope d by representatives from large and small stack testing companies, state and F ederal governments, and private industry . Its scope is nationwide and based largel y on ISO 17025. Note that an y AETB conducting RATAs of CEMS, Appendix E testing, or deriving d efault emission rates for LME units under part 75 must conform to ASTM D7036
- 04. Following is a general overview of some key requirements. Organization, Management, and Documentation :
● Maintain a s ys tem that allows for monitoring the delivery and improvement of services (as measured b y performance data) ;
● Maintain a l egall y identifiable and clearl y defined organizational structure, including parent organizations , staff responsibiliti es, and provisions of support services ;
● Employ

a technical manager/director, quality manager, and qualified individual on

- site for each test project (who is qualified for each test method performed);

● Maintain ability

to provide documentation showing compliance with relevant F ederal, state and local requirements for conducting testing procedures as well as health and safety and other relevant requirements;

● Maintain procedures to control all documents required for the established quality s ys tem;
● Ensure that documents are uniquely identified and reviewed/approved by same group that performed the original review; and

● Maintain a document control sy stem that allows for tracking revisions or amendments
. Quality System, Audit , and Review :
● D evelop and maintain a quality assurance policy

and a quality s ys tem to ensure consistent achievement of data quality objectives;

● Document the quality s ys tem in a manual that covers all elements outlined in Appendix X1 of ASTM D7036
- 04; and

● Conduct internal audits in accordance with Section 7.4.2 of ASTM D7036

- 04.Appendix B November 11, 2009 Page B
- 2 Personnel :
● Ensure competence of testing staff and maintain requirements for staff training; and

● Provide " Qualified Individuals " to oversee and supervise test projects and ensure that these individuals take an exam every five ye ars and meet the experience requirements in Section 8.3.4 of ASTM D7036

- 04. Environment, Equipment, and Test Methods :
● Ensure that environmental conditions, access to test locations, or cross

- contamination do not invalidate test results;

● Ensure adequate access by qualified individuals to fully operational testing equipment and software;

● Establish calibration programs for the equipment (including key quantities or values) and maintain records for all equipment used; and

● Use appropriate methods and procedures for all testing performed, and document any deviations from the applicable regulations in the test protocol or report that is established for each test project. Recordkeeping and Reporting :
● Mai ntain procedures for handling and storage of quality and technical records;

● Retain records of original observations, derived data, information for audit trail, calibration records , and other information;

● Accuratel y report the results of each test, calibration or series of tests; and

● In clude the information outlined in Section 15.3 of ASTM D7036

- 04 in each test report or calibration certificate. Other Information :
● Follow guidelines in Section 16 of ASTM D7036

- 04 if subcontractors are used;

● Maintain policies and procedures for the purchase and use of outside support and supplies; and

● Maintain policies and procedures in the event that nonconforming work is completed, including an approach for corrective action
.