1 SUPPORTING STATEMENT

ENVIRONMENTAL PRO TECTION AGENCY

Standards of Performance for Greenhouse Gas Em issions for New Stationary Sources: Electric Utility Generating Units
(40 CFR part 60, subpart TTTT)
September 2013

Part A of the Supporting Statement

1. Identification of the Information Collection

(a) Title and Number of the Information Collection
“Recordkeeping and Reporting Requirements for Standards of Performance for Greenhouse Gas

Emissions for New Electric Util ity Generating Units (40 CFR Part 60, Subpart TTTT).” The proposed

standards would establish standards of performan ce for carbon dioxide (CO 2 ) emissions from electric utility generating units (EGUs) currently in the 40 CFR part 60, Da and KKKK source categories under a new subpart TTTT. Subpart Da currently regulates ut ility boilers and integrat ed gasification combined cycle (IGCC) units, and subpart KKKK currently regul ates stationary combustion turbines. A new information collection request (ICR) has been prepar ed in support of the st andards being proposed. The EPA ICR tracking number is 2465.02. The EPA is co-p roposing amending subparts Da and KKKK as an alternative to creating a new subpart, subpart TT TT. Since both approaches would have the same burden, this ICR burden estimate is intended to cover whatever appr oach is finalized.

(b) Short Characterization

Pursuant to CAA section 111, the United States (U.S.) Environmental Protection Agency (EPA) is proposing new source performance st andards (NSPS) for emissions of CO 2 for new affected fossil fuel-fired EGUs. For purposes of this rule, fossil fu el-fired EGUs include fossil fuel-fired boilers, IGCC units and stationary combustion turbin es units that generate electricity for sale and are larger than 25 megawatts (MW). The EPA is proposing these requirements because CO 2 is a greenhouse gas (GHG) and fossil fuel-fired power plants are the country’s largest stationary source emitters of GHGs. The EPA in 2009 found that by causing or cont ributing to climate change, GHGs endanger both the public health and the public welfare of current and future generations.

This action proposes a standard of performan ce for utility boilers and IGCC units based on partial implementation of carbon captu re and storage (CCS) as the Best System of Emission Reduction (BSER). The proposed emission limit for those sources is 1,100 lb CO 2 /MWh. This action also proposes standards of performance for natura l gas-fired stationary combustion tu rbines based on modern, efficient natural gas combined cycle (NGCC) technology as the BSER. The proposed emission limits for those sources are 1,000 lb CO 2 /MWh for larger units and 1,100 lb CO 2 /MWh for smaller units. At this time, the EPA is not proposing standards of performa nce for modified or reconstructed sources.

In general, all CAA section 111 standards requir e notifications, reports, and records that are essential in determining compliance, and are required of all sources subject to the standards. This proposed action would impose minimal new informa tion collection burden on affected sources beyond what those sources would already be subject to under th e authorities of CAA parts 75 and 98. OMB has previously approved the informati on collection requirements containe d in the existing part 75 and 98 regulations (40 CFR part 75 and 40 CFR part 98) under the provisions of the Paperwork Reduction Act

,2 44 U.S.C. 3501 et seq . and has assigned OMB control numbers 2060-0626 and 2060-0629, respectively. Apart from certain reporting costs based on requireme nts in the NSPS General Provisions (40 CFR part 60, subpart A), which are mandatory for all owners /operators subject to CAA section 111 national emission standards, there are no new information colle ction costs, as the info rmation required by this proposed rule is already collected and reported by other regulatory programs.

Potential respondents are owners and operators of new fossil fuel-fired EGUs greater than 25 MWe. The proposed rule woul d regulate emissions of CO 2 and would require that CO 2 mass rate CEMS

and the associated automatic data acquisition and handling system be in stalled and operated. The initial performance test would consis t of collection of hourly CO 2 average concentration, mass flow rate

recorded with the certified CO 2 concentration and flow rate CEMS and the corresponding electrical power generation data for all of th e hours of operation for the first ca lendar year beginning on the first day of the first month following completion of the CEMS installation and cer tification. The proposed rule would allow owners or operato rs of EGUs that burn exclusively gaseous or liquid fuels to install

fuel flow meters as an alternative to CE MS. Compliance with the applicable average CO 2 mass emissions rate (lb/MWh) would be calculated as a 12-month rolling average, updated monthly, using the reported hourly CO 2 average concentration and flow rate values from the certified CEMS data collected for the previous month’s process operating days along w ith generation data tracked by the facility for the unit. In this rulemaking, the EPA proposes that the owne r or operator of a new unit would be required to comply with the notification a nd recordkeeping requirements in the section 111 regulatory general provisions, 40 CFR part 60, subpart A, and would need to report resu lts of performance testing and excess emissions; as well as record and maintain hourly average CO 2 emissions concentration, hourly average flow rate, and hourly useful electrical generation. As part of an Agency-wide effort to facilitate reporting of environmental data and reports, the pr oposal would require that owners and operators subject to this regulati on must electronically submit excess em issions, continuous monitoring systems performance and-or summary reports.

Any owner or operator subject to the provisions of this propose d subpart would be required to keep each record for 5 years. T hose records required to demonstr ate compliance with the 84-operating month emissions limits in section 60.5520 of the proposed standards would however need to be kept for 10 years. Each record must be kept on site for at l east 2 years and may be kept off site for the remaining

years.

The EPA believes that electric power companies will choose to build new EGUs that comply with the regulatory requirements of this proposal because of existing and expected market conditions. The EPA does not project any new coal-fired EGUs that commence construction after this proposal to commence operation over the 3-year period covered by this ICR. We estimate that 17 new affected NGCC units would commence operation during that time period. As a result of this proposal, those units would be required to prepare a quarterly summary report, which includes reporting of emissions and downtime, every 3 months.

2. Need for and Use of the Collection

(a) Need/Authority for the Collection
The EPA is charged under section 111 of the CAA to establish standards of performance for new stationary sources that reflect:3 . . . application of the best system of emission reduction which (taking into account the cost of achieving such reduction and any non-air quality health and environmental impact and energy requirements) the

Administrator determines has been adequately demonstrated. Section 111(a)(l).

The EPA refers to this charge as selecting the best demonstrated technology (BDT). Section 111 also requires that the Administrator review and, if appr opriate, revise such sta ndards every eight years. In addition, CAA section 114(a) states that the Administrator may require any owner or operator subject to any requirement of this Act to:

(A) Establish and maintain such reco rds; (B) make such reports; (C) install, use, and maintain such moni toring equipment, and use such audit procedures, or methods; (D) sample such emissions (in accordance with such procedures or methods, at such locations, at such intervals, during such periods, and in such manner as the Administrator sh all prescribe); (E) keep records on control equipment parameters, production variables or

other indirect data when direct monitoring of emissions is impractical; (F) submit compliance certifications in acco rdance with section 114(a)(3); and (G) provide such other information as the Administrator may reasonably require.

As previously stated, the EPA in 2009 found that by causing or contributing to climate change, GHGs endanger both the public health and the public welfare of cu rrent and future generations. F ossil fuel‐fired power plants are the country’s largest stationary so urce emitters of GHGs. Therefore,
NSPS for emissions of CO 2 are being proposed for this category of sources at 40 CFR part 60, subpart

TTTT.

Certain records and reports are ne cessary for the Administrator to: 1ሻ identify new EGUs subject to the standards, 2ሻ ens ure that the NSPS is being prop erly applied; 3ሻ identify those facilities that should be inspected; 4ሻ identify those faciliti es that may benefit from compliance assistance activities; and 5ሻ en sure that process and emissions control/monitoring equipment are being properly operated and maintained on a continuous basis.

(b) Use/Users of the Data
The required information would be used by agen cy enforcement personnel to ensure that the emission limitations are being achieved. Based on review of the recorded information at the site and the reported information, the EPA can identify facilities that may not be in compliance and decide which plants, records, or proces ses should be inspected.

3. Nonduplication, Consultations, and Other Collection Criteria

(a) Nonduplication
As previously stated, this proposed action w ould impose minimal new information collection burden on affected sources beyond what those sources w ould already be subject to under the authorities of CAA parts 75 and 98. Apart from certain reporting requirements which are mandatory for all owners/operators subject to CAA section 111 national emission standards, ther e are no new information collection costs, as the informati on required by this proposed rule is already collected and reported by other regulatory programs. The proposed rule would requ ire that affected owners or operators follow the4 applicable reporting requirements and submit reports as required by the other regulatory programs. The additional reporting requirements proposed (the excess emissions and continuous monitoring systems performance reports and-or summary reports) are not currently required from owners or operators of EGUs that would be regulated under proposed 40 CFR part 60, subpart TTTT. Therefore, no duplication

exists.

(b) Public Notice Required Pr ior to ICR Submission to OMB
This section is not applicable because this is a rule-related ICR.

(c) Consultations
The EPA has been engaged in extensive interact ions with many different stakeholders on the subjects of climate change, sour ce contributions, and potential emi ssion reduction opportunities. These stakeholders have included industries, environmenta l organizations, and many re gional, State, and local air quality management agencies that have been actively engaged in efforts to address GHG emissions over a period of several years. In addition to these conversations, as part of developing this proposed rule, the EPA held four listening sessions in Febr uary and March 2011 to obtain additional information and input from key stakeholde rs and the public. Each of the sessions had a particular target audience: the electric power industry, environmental and environmen tal justice organizations, States and Tribes, and coalition groups. Each session last ed two hours and featured a fac ilitated round table discussion among stakeholder representatives who were identified and selected for their expert ise in the CAA standardsetting process. The EPA accepted comments from th e public at the end of each session and via the electronic docket system. Comments submitted via the electronic docket system are available at www.regulations.gov (docket number EPA-HQ-OAR-2011-0090).

The EPA’s consultation activities with governmental entities and tribal leaders as described below regarded planned actions for new and existing sources, but only new sour ces would be affected by this proposed action.

In light of the interest in this proposed rule among government al entities, th e EPA initiated consultations with governmental entities. The EP A invited the following 10 national organizations representing state and lo cal elected officials to a meeting held on April 12, 2011, in Washington DC: 1) National Governors Association; 2) National Conference of State Le gislatures, 3) Council of State Governments, 4) National League of Cities, 5) U.S. Conference of Mayors, 6) National Association of Counties, 7) Internationa l City/County Management Association, 8) National Association of Towns and Townships, 9) County Executives of America, an d 10) Environmental Counc il of States. These 10 organizations representing elected st ate and local officials have been identified by the EPA as the “Big 10” organizations appropriat e to contact for purpose of consultation with elected officials. The purposes of the consultation were to provide general back ground on the proposal, answer questions, and solicit input from state/local governments.

Because the EPA is aware of Tribal interest in this proposed rule, the EPA offered consultation with tribal officials early in the process of develo ping this proposed regulati on to permit them to have meaningful and timely input into its development. Consultation letters we re sent to 584 tribal leaders. The letters provided information regarding the EPA’ s development of NSPS and emission guidelines for

EGUs and offered consultation. A consultation/ou treach meeting was held on May 23, 2011, with the Forest County Potawatomi Commun ity, the Fond du Lac Band of Lake Superior Chippewa Reservation, and the Leech Lake Band of Ojibwe. Other tribes pa rticipated in the call for information gathering purposes. In this meeting, the EPA provided bac kground information on the GHG emission standards to5 be developed and a summary of issues being explored by the Agency. In addition, tribes participated in the listening session on February 17, 2011 with the state agencies, as well as in a separate session with tribes on April 20, 2011.

The EPA will also hold additional m eetings with tribal environmenta l staff to inform them of the content of this proposal as well as provide additional consultation with tribal el ected officials where it is appropriate.

(d) Effects of Less Frequent Collection

If the relevant information were collected less frequently, the EPA w ould not be reasonably assured that a plant is in co mpliance with the standards.

(e) General Guidelines
None of the guidelines in 5 CFR 1320.5 are being exceeded.

(f) Confidentiality
All information submitted to the agency for whic h a claim of confidentiality is made will be safeguarded according to the agen cy policies set forth in Title 40, Chapter 1, part 2, subpart B– Confidentiality of Business Information (see 40 CFR 2; 41 FR 36902, September 01, 1976; amended by 43 FR 39999, September 28, 1978; 43 FR 42251, September 28, 1978; 44 FR 17674, March 23, 1979).

(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
Respondents are owners or operators of new fossil fuel-fired EGUs . It is estimated that 17 new EGUs would commence operation during the 3-year pe riod of this ICR. All respondents would be subject to the monitoring, recordkeeping, and reporti ng requirements. The applicable NAICS codes are 221112, Fossil fuel electric power generating units (covers owners/operators of i ndustry or federal, state or local government establishments ), and 921150, Fossil fuel electric pow er generating units in Indian Country.

(b) Information Requested

(i) Data Items, Including Recordkeeping Requirements.
Apart from certain reporting costs based on requi rements in the NSPS General Provisions (40 CFR part 60, subpart A), which are mandatory for al l owners/operators subj ect to CAA section 111 national emission standards, there are no new informa tion collection costs, as the information required by this proposed rule is alrea dy collected and reported by other re gulatory programs (CAA parts 75 and 98). The EPA does not project any new coal-fired E GUs that commence construction after this proposal to commence operation over the 3-y ear period covered by this ICR. We estimate that 17 new affected NGCC units would commence operation during that time period. As a result of this proposal, those units would be required to prepare a qua rterly report, which includes re porting of emissions and downtime, every 3 months.

The EPA is including in this ICR, an estimate of the burden associated with performing an affirmative defense. The EPA is providing this as an illustrative example of the potential additional6 administrative burden a source may incur to assert in an Affirmative Defense in response to an action to

enforce the standards set forth in the applicable subpart.

This illustrative estimate is not considered a duplicate estimate of cost under the General Duty to Minimize Emissions clause under 63.6(e)(1)(i), which st ates: “At all times, the owner and operator must operate and maintain any affected source, includi ng associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. Determining whether such opera tion and maintenance proc edures are being used

will be based on information available to the Admini strator which may include, but is not limited to, monitoring results, review of operation and main tenance procedures, review of operation and maintenance records, and insp ection of the source.”

To provide the public with an estimate of the rela tive magnitude of the burden associated with an assertion of the affirmative defense position adop ted by a source, the EPA provides an administrative adjustment to this ICR that estimates the cost s of the notification, r ecordkeeping and reporting requirements associated with the assertion of the affirmative defense. The EPA’s estimate for the required notification, reports and records, including th e root cause analysis, associated with a single incident totals approximat ely $3,141 and is based on the time and e ffort required of a source to review relevant data, interview plant employees, and docu ment the events surrounding a malfunction that has

caused an exceedance of an emission limit. The estim ate also includes time to produce and retain the records and reports for submission to the EPA. The EP A provides this illustrative estimate of this burden because these costs are only incu rred if there has been a violati on and a source chooses to take advantage of the affirmative defense.

Of the number of excess emission events repo rted by source operators, only a small number would be expected to result from a malfunction, and only a subset of excess emissions caused by

malfunctions would result in the sour ce choosing to assert the affirmativ e defense. Thus we believe the

number of instances in which source operators might be expected to av ail themselves of the affirmative defense will be extremely small. In fact, we estimate that there would be no such occurrences for new EGUs subject to this proposed rule over the 3-year period covered by this ICR. We expect to gather

information on such events in the future and will revise this estimate as better information becomes

available.

ሺiiሻ Respondent Activities. The respondent activities that would be require d by the proposed NSPS are introduced in section 6(a).

While multiple coal-fired EGUs have recently commenced operation and several are presently under construction, no new coal-fired power plants have commenced construc tion in either 2009 or 2010. In addition, forecasts of new generation capacity from both the Energy Information

Administration and the Edison Electric Institute do not project any new coal-fired power plants will be constructed in the short term. Thus, the EPA does not project any new coal-fired EGUs that commence construction after this proposal to commence operation over the 3-ye ar period covered by this ICR. Because of fuel supply availability and cost considerations, we also do not project that any new oil-fired electric utility steam generating units will be built during the 3-year ICR period. We estimate that 17

new affected NGCC units would commen ce operation during that time period.

ሺiiiሻ Electronic Reporting.

The proposal would require that owners and operators subject to this regulation must electronically submit quarterly reports of emissions and continuous monitoring systems performance. Owners and operators would need to submit these repor ts to the EPA using the Emissions Collection and7 Monitoring Plan System (ECMPS) Client Tool provi ded by the Clean Air Mark ets Division in the EPA Office of Atmospheric Programs.

5. The Information Collected: Agency Activiti es, Collection Methodology, and Information Management

(a) Agency Activities

There would be no EPA burden associated with the reporting requirements of the proposed standards. As a result of this proposal, the 17 new affected NGCC units that we estimate will commence operation during the 3-year period of the ICR would be required to electronically submit a quarterly summary report, which includes re porting emissions and downtime. The fees for upkeep of this electronic database are already funde d through other rules. Thus, there wo uld be no burden to the agency associated with these reporting requirements.

(b) Collection Methodo logy and Management
Following notification of startup, the reviewing authority might in spect the source to determine

whether the CO 2 CEMS and the associated automatic data acquisition and handling system are properly installed and operated. Performance test reports are used by the agen cy to discern a source’s initial capability to comply with the emission standard. Data and records maintained by the respondents are used in compliance and enforcement programs. The quarterly reports are used for problem identification, as a check on source operation and maintenance, and for co mpliance determinations.

The information obtained is then entered into the AIRS Facility Subsystem (AFS) which is operated and maintained by the EPA’s Office of Co mpliance. AFS is the EPA’s database for the collection, maintenance, and retrieval of complia nce and annual emission inventory data for over 125,000 industrial and government owned facilities. The EPA uses the AFS for tracking air pollution compliance and enforcement by local and state re gulatory agencies, EPA regional offices and EPA headquarters. The EPA and its delegated Authorities can edit, store, retrieve , and analyze the data.

Any owner or operator subject to the provisions of this propose d subpart would be required to keep each record for 5 years following the date of each occurrence, measurement, maintenance, corrective action, report, or record except those records required to demonstrate compliance with the 84- operating month emissions limits in section 60.5520 of the proposed standards. Records required to demonstrate compliance with the 84-operating month emissions limits in section 60.5520 must be kept for at least 10 years following the date of initial star tup of the affected EGU. Each record must be kept on site for at least 2 years after the date of each occurrence, measurement, maintenance, corrective action, report, or record. Th e records may be kept off site for the remaining years. A ll electronic reports are sent to the EPA using the ECMPS Client Tool. All non-electronic reports ar e sent to the delegated state or local authority. In the event that there is no such delegated authority, the reports are sent directly to the U.S. EPA regional office.

(c) Small Entity Flexibility

The EPA is aware that there is substantial inte rest in this rule among small entities (municipal and rural electric cooperatives). In light of this interest, the EPA de termined to seek early input from representatives of small entities while formulating the provisi ons of this proposed regulation. This process has enabled the EPA to hear directly from these representativ es, at a very preliminary stage, about how it should approach the complex question of how to apply section 111 of the CAA to the regulation of GHGs from these sources. The EPA’ s outreach regarded planned actions for new and existing sources, but only new sources woul d be affected by this proposed action.8 The EPA conducted an initial outreach meeting with small entity representatives on April 6, 2011. The purpose of the meeting was to provide an overview of recent EPA proposals impacting the power sector. Specifically, overviews of the Transport Rule, the Mercur y and Air Toxics Standards, and the Clean Water Act 316(b) Rule proposals were presented.

The EPA conducted outreach with re presentatives from 20 various small entities that potentially would be affected by this rule. Th e representatives included small en tity municipalities, cooperatives, and private investors. We distri buted outreach materials to the small entity representatives; these materials included background, an overview of aff ected sources and GHG emissions from the power sector, an overview of CAA section 111, an assessment of CO 2 emissions control technologies, potential impacts on small entities, and a summary of the listeni ng sessions. We met with eight of the small entity representatives, as well as three participants from organizations representing power producers, on June 17, 2011, to discuss the outreach mate rials, potential requirements of the rule, and regulatory areas where the EPA has discretion and could potentially provide flexibility.

A second outreach meeting was conducted on July 13, 2011. We met with nine of the small entity representatives, as well as three participants from organizat ions representing power producers. During the second outreach meeting, various small entity representatives and participants from organizations representing power producers presente d information regarding i ssues of concern with respect to development of standards for GHG emissi ons. Several small entity representatives provided written comments in response to discussions at the meetings and the questions posed to the small entity representatives by the Agency.

(d) Collection Schedule

Each information collection act ivity within this request (S ummary Report including excess emissions and downtime reporting) occurs on a semi-annual basis.

6. Estimating the Burden and Cost of the Collection

Exhibit 1a, Exhibit 1b, and Exhibit 1c document the computation of individual burdens for the reporting requirements applicable to the industry for the subpart included in this ICR for each of the first 3 years. Table 1 contains a summary of the respo ndent burden hours and costs detailed in Exhibit 1a, Exhibit 1b, and Exhibit 1c.

Table 1. Summary of Respondent Burden Year Total Annual Labor Burden (h ours) Total Annual Labor Costs ($)

1 264 10,380 2 363 14,272 3 561 22,057 Total 1188 46,709 3-Year Average 396 15,570

The individual burdens are expre ssed under standardized headings be lieved to be consistent with the concept of burden under the Paperwork Reduction Ac t. Where appropriate, sp ecific task s and major assumptions have been identified; responses to this information collection are mandatory.

The agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB Control Number.9 (a) Estimating Respondent Burden
The average annual burden to industry over the 3- year period of this ICR from these reporting requirements is estimated to be 396 hours per year (det ailed in Exhibit 1a, Exhibit 1b, and Exhibit 1c). These hours are based on agency studies and ba ckground documents from the development of the regulation, agency knowledge, and e xperience with the NSPS program.

(b) Estimating Respondent Costs
Respondent costs are typically divi ded into three categories. These categories include labor costs, operations and maintenance costs, and annualized capital costs. Labor costs are the only respondent

costs associated with this ICR.

(i) Estimating Labor Costs
The average annual labor costs to industry over the 3-year pe riod of this ICR from these reporting requirements is estimated to be $15,570 per year (detailed in Exhibit 1a, Exhibit 1b, and Exhibit 1c). Labor rates and asso ciated costs are based on Bureau of Labor Statistics (BLS) data. Technical, management, and clerical average hourly rates for private industry workers were based on the Bureau of Labor Statistics, Occupational Empl oyment Statistics, 2010 Nati onal Industry-Specific Occupational Employment and Wage Estimates. Th e approximate labor rates are $39.37 per hour for technical, $61.75 per hour for managerial , and $22.15 per hour for clerical.

(ii) Estimating Annua lized Capital Costs
There are no annualized capital co sts associated with this ICR.

(iii) Estimating Operations and Maintenance (O&M) Costs
There are no annual operation and maintena nce costs associated with this ICR.

(iv) Affirmative Defense/Root C ause Analysis/Malfunction Costs.

The EPA’s estimate for an affirmative defense and root cause analysis in Table 2 is based on general experience to calcul ate the time and effort required of a s ource to review relevant data, interview plant employees, and reconstruct th e events prior to a malfunction in order to determine primary and contributing causes. The level of effort also incl udes time to produce and reta in the report in document

form so that the source will have it available should EPA or state enforcement agencies ever request to

review it.

The labor rates used for these costs are from th e United States Department of Labor, Bureau of Labor Statistics, September 2009, Ta ble 2. Civilian Workers, by occ upational and industry group. The rates are from column 1, Total compensation. The ra tes have been increased by 110 percent to account for the benefit packages available to those employed by private industry.

Table 2. Burden Associated with P erforming an Affirmative Defense

Personnel Number of

Personnel Time Requirement (hours) Total

Hours Hourly Rate ($/hr) Total

Technical Personnel 3 6 18 97.59 $ 1,757

Managerial Personnel 2 6 12 114.77 $ 1,377

Total 5 30 $ 3,13410 (c) Estimating Agency Burden and Cost

Because the information collecti on requirements were developed as an incidental part of standards development, no costs can be attributed to the development of the information collection requirements. Because reporting and recordkeeping requirements on the part of the respondents are required under the part 60 Genera l Provisions, no operational costs wi ll be incurred by the Federal

Government. Publication and distribution of the info rmation 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 will o ccur incidentally as part of the pe riodic inspection of sources that is part of EPA's overall compliance and enforcement pr ogram, and, therefore, is not attributable to the ICR. The only costs that the Federa l government could incur are user co sts associated with the analysis of the reported information. The Federal government w ould not incur those costs as a result of these proposed standards.

(d) Estimating the Respondent Uni verse and Total Burden and Costs.

The EPA estimates that 17 new EGUs will become subject to the proposed regulation over the 3- year period of the ICR.

The total annual number of responses for th e new monitoring, recordkeeping, and reporting requirements in proposed subpart TTTT over the 3-year ICR period is estimated to be 72. The average number of annual responses over the 3-year ICR period is 24 per year.

The annual public reporting and recordkeeping bur den for this collection of information is estimated to average 16.5 hours per response. The total annual labor burden over the 3-year ICR period is estimated to be 1,188 person hours. The average annua l labor burden for the rule is estimated to be 396 person hours per year.

The total annual labor costs ove r the 3-year ICR period are es timated at $46,709. The average annual labor costs to industry over the 3-year peri od of this ICR are estimated to be $15,570 per year.

(e) Bottom Line Burden Hours and Cost Tables
There are no annualized capital costs or O&M co sts associated with this ICR. The bottom line

labor hours and costs burden for eac h year of the 3-year ICR period appear in Exhibit 1a, Exhibit 1b,

and Exhibit 1c.

(f) Reasons for Change in Burden.

The increase in burden is due to this being a new ICR a ssociated with a new subpart.

The EPA also provides an estimate of the costs of the notification, reco rdkeeping and reporting requirements associated with the assertion of the affirmative defense. The EPA’s estimate for the required notification, reports and records, including th e root cause analysis, associated with a single incident totals approximat ely $3,141 and is based on the time and e ffort required of a source to review relevant data, interview plant employees, and docu ment the events surrounding a malfunction that has

caused an exceedance of an emission limit. The estim ate also includes time to produce and retain the records and reports for submission to the EPA. For th is ICR, the EPA is estimating that there will no

instances of affirmative defense ove r the 3-year ICR period. The EPA is using this estimate of no events in 3 years, because of the number of excess emission events reported by source operators, only a small number would be expected to resu lt from a malfunction, and only a subset of excess emissions caused by malfunctions would result in the s ource choosing to assert the affirm ative defense. We estimate that 17 new affected NGCC units would commence operation during the 3-year ICR period and believe that11 there would be no instances in which source operators might be expected to avail themselves of the

affirmative defense.

(g) Burden Statement
The annual public reporting and recordkeeping bur den for this collection of information is estimated to average 8.25 hours per response. The average annual la bor-hour burden for the rule is estimated to be 396 person hours per year and the av erage annual labor costs are estimated to be $15,570 per year. There are no annualized cap ital costs or O&M costs associated with this ICR. 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 tim e needed to review instructions; develop, acquire, install, and uti lize technology and systems for the purposes of collecting, validating, and verifying information, processing and mainta ining information, and disclosing and providing information; adjust the existing ways to comply with any previously appl icable instructions and requirements; train personnel to be ab le to respond to a collection of in formation; 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 pe rson is not required to re spond 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 60 are listed in 40 CFR part 9.

To comment on the agency's need for this in formation, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, the EPA has established a public docket for this ICR under Docket ID Number EPA-HQ-OAR-2011-0660, which is available for online viewing at www.regulations.gov, or in person viewing at the Air and Radiation Do cket and Information Center in the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 Consti tution 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 telephone number for the Reading Ro om is (202) 566-1744, and the telephone number for

the Air and Radiation Docket and Information Cent er is (202) 566-1742. An el ectronic version of the 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 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 Ma nagement and Budget, 725 17th Street, NW, Washington, D.C. 20503,

Attention: Desk Officer for EPA. Please include the EPA Docket ID Number EPA-HQ-OAR-2011-0660 in any correspondence.

PART B
This section is not applicable because statistical methods ar e not used in data collection

associated with the final amendments.12 ATTACHMENTS

Exhibit 1a. Year 1 Respondent Burden of Repor ting and Recordkeeping Re quirements, NSPS for GHG Emissions for EGUs (40 CFR part 60, subpart TTTT)

Exhibit 1b. Year 2 Respondent Burden of Reporti ng and Recordkeeping Requirements, NSPS for GHG Emissions for EGUs (40 CFR part 60, subpart TTTT)

Exhibit 1c. Year 3 Respondent Burden of Repor ting and Recordkeeping Re quirements, NSPS for GHG Emissions for EGUs (40 CFR part 60, subpart TTTT)13Exhibit 1a. Year 1 Respondent Burden ofReporting and Recordkeeping Requirements, NSPS for GHG Emissions for EGUs(40 CFR part 60, subpart TTTT)Year 1(A)Hours perOccurrence(B)Occurrences/Respondent/Year(C)Hours/Respondent/Year (A x B)(D)Respondents/Year(E)TechnicalHours/Year(C x D x .79)(F)ManagerialHours/Year(C x D x .09)(G)ClericalHours/Year(C x D x .12)(H)Cost/ YearREPORT REQUIREMENTSPrepare/Submit Summary Report 8.25 4 33 82082432 $10,380Includes reporting of excess emissions & downtimeAFFIRMATIVE DEFENSE30 0 0 0 0 0 0 0TOTAL ANNUAL LABORBURDEN AND COST2 82082432 $10,380264 Hours14Exhibit 1b. Year 2 Respondent Burdenof Reporting and Recordkeeping Requirements, NSPS for GHG Emissions for EGUs(40 CFR part 60, subpart TTTT)Year 1(A)Hours perOccurrence(B)Occurrences/Respondent/Year(C)Hours/Respondent/Year (A x B)(D)Respondents/Year(E)TechnicalHours/Year(C x D x .79)(F)ManagerialHours/Year(C x D x .09)(G)ClericalHours/Year(C x D x .12)(H)Cost/ YearREPORT REQUIREMENTSPrepare/Submit Summary Report 8.25 4 33 112873343 $14,272Includes reporting of excess emissions & downtimeAFFIRMATIVE DEFENSE30 0 0 0 0 0 0 0TOTAL ANNUAL LABORBURDEN AND COST2 112873343 $14,272363 Hours15Exhibit 1c. Year 3 Respondent Burdenof Reporting and Recordkeeping Requirements, NSPS for GHG Emissions for EGUs(40 CFR part 60, subpart TTTT)Year 1(A)Hours perOccurrence(B)Occurrences/Respondent/Year(C)Hours/Respondent/Year (A x B)(D)Respondents/Year(E)TechnicalHours/Year(C x D x .79)(F)ManagerialHours/Year(C x D x .09)(G)ClericalHours/Year(C x D x .12)(H)Cost/ YearREPORT REQUIREMENTSPrepare/Submit Summary Report 8.25 4 33 174435167 $10,380Includes reporting of excess emissions & downtimeAFFIRMATIVE DEFENSE30 0 0 0 0 0 0 0TOTAL ANNUAL LABORBURDEN AND COST2 84435167 $22,057561 Hours