[Federal Register Volume 64, Number 157 (Monday, August 16, 1999)]
[Notices]
[Pages 44518-44521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21167]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6421-4]
Agency Information Collection Activities: Proposed Collection;
Comment Request; See List of ICRs Planned To Be Submitted in Section A
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that EPA is planning to submit the
following three continuing Information Collection Requests (ICR) to the
Office of Management and Budget (OMB). Before submitting the ICRs to
OMB for review and approval, EPA is soliciting comments on specific
aspects of the information collections as described at the beginning of
Supplementary Information.
DATES: Comments must be submitted on or before October 15, 1999.
ADDRESSES: U.S. Environmental Protection Agency, Mail code 2223A, OECA/
OC/METD, 401 M Street, SW., Washington, D.C. 20460. A hard copy of an
ICR may be obtained without charge by calling the identified
information contact individual for each ICR in section B of the
Supplementary Information.
FOR FURTHER INFORMATION CONTACT: For specific information on the
individual ICRs see section B of the Supplementary Information.
SUPPLEMENTARY INFORMATION:
For All ICRs
An Agency may not conduct or sponsor, and a person is not required
to respond to, a collection information unless it displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
are displayed in 40 CFR part 9.
The EPA would like to solicit comments to:
(i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility;
(ii) Evaluate the accuracy of the Agency's estimate of the burden
of the proposed collection of information;
(iii) Enhance the quality, utility, and clarity of the information
to be collected; and
(iv) Minimize the burden of the collection of information on those
who are to respond, including through the use of automated collection
techniques or other forms of information technology, e.g., permitting
electronic submission of responses.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
A. List of ICRs Planned to be Submitted
In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et
seq.), this document announces that EPA is planning to submit the
following three continuing Information Collection Requests (ICR) to the
Office of Management and Budget (OMB):
(1) NSPS subpart L; New Source Performance Standards (NSPS) for
Secondary Lead Smelters (40 CFR part 60, subpart L); EPA ICR No
1128.05, OMB Control No. 2060-0080; Expires 01/31/00.
(2) NSPS subparts KKK and LLL, New Source Performance Standards
(NSPS) for Equipment Leaks of VOC from Onshore Natural Gas Processing
Plants (40 CFR part 60, subpart KKK) and New Source Performance
Standards (NSPS) for Onshore Natural Gas Processing: SO2 emissions (40
CFR part 60, subpart LLL); EPA ICR No 1086.05, OMB Control No. 2060-
0120; Expires 01/31/00.
(3) MACT subpart L; National Emission Standards for Coke Oven
Batteries (40 CFR part 63, subpart L); EPA ICR No 1362.04, OMB Control
No. 2060-0253; Expires 12/31/99.
B. Contact Individuals for ICRs
(1) NSPS subpart L; New Source Performance Standards (NSPS) for
Secondary Lead Smelters (40 CFR part 60, subpart L); Deborah Thomas at
(202) 564-5041 or via E-mail at thomas.deborah@epa.gov; EPA ICR No.
1128.05, OMB Control No. 2060-0080; Expires 01/31/00.
(2) NSPS subparts KKK and LLL, New Source Performance Standards
(NSPS) for Equipment Leaks of VOC from Onshore Natural Gas Processing
Plants (40 CFR part 60, subpart KKK) and New Source Performance
Standards (NSPS) for Onshore Natural Gas Processing: SO2
emissions (40 CFR part 60, subpart LLL); Dan Chadwick at (202) 564-7054
or via E-mail at chadwick.dan@epa.gov; EPA ICR No. 1086.05, OMB Control
No. 2060-0120; Expires 01/31/00.
(3) MACT subpart L; National Emission Standards for Coke Oven
Batteries (40 CFR part 63, subpart L; Maria Malave at (202) 564-7027 or
via E-mail to malave.maria@epa.gov. EPA ICR No. 1362.04, OMB Control
No. 2060-0253; Expires 12/31/99.
Information may also be acquired electronically through the
Internet Web site at www.epa.gov/fedrgstr.
C. Individual ICRs
(1) NSPS subpart L; New Source Performance Standards (NSPS) for
Secondary Lead Smelters (40 CFR part 60, subpart L); EPA ICR No.
1128.05, OMB Control No. 2060-0080; Expires 01/31/00.
Affected Entities: Entities potentially affected by this action are
secondary lead smelters. Specifically, the affected facility in each
smelter is any pot furnace of more than 250 kg charging capacity, blast
(cupola) furnaces, and reverberatory furnaces.
Abstract: Secondary lead smelters produce elemental lead from
scrap, providing the primary means for recycling lead-acid batteries
(automotive) into useable products. Currently upwards of 95% of all
lead-acid batteries are recycled by these facilities. Secondary lead
smelters emit lead and non-lead particulate matter in quantities that,
in the Administrator's judgement, cause or contribute to air pollution
that may endanger public health or welfare. Consequently, New Source
Performance Standards were promulgated for this source category. These
standards rely on the proper installation, operation and maintenance of
particulate control devices such as electrostatic precipitators or
scrubbers.
[[Page 44519]]
In order to ensure compliance with the standards, adequate
recordkeeping and reporting is necessary. This information enables the
Agency to: (1) identify the sources subject to the standard; (2) ensure
initial compliance with emission limits; and (3) verify continuous
compliance with the standard. Specifically, the rule requires an
application for approval of construction, notification of startup,
notification and report of the initial emissions test, and notification
of any physical or operational change that may increase the emission
rate. In addition, sources are required to keep records of all
startups, shutdowns, and malfunctions.
In the absence of such information collection requirements,
enforcement personnel would be unable to determine whether the
standards are being met on a continuous basis, as required by the Clean
Air Act. Consequently, these information collection requirements are
mandatory, and the records required by this NSPS must be retained by
the owner or operator for two years. In general, the required
information consists of emissions data and other information deemed not
to be private. However, any information submitted to the Agency for
which a claim of confidentiality is made will be safeguarded according
to the Agency policies set forth in Title 40, Chapter 1, part 2,
subpart B--Confidentiality of Business Information (See 40 CFR part 2;
41 FR 36902, September 1, 1976; amended by 43 FR 39999, September 8,
1978; 43 FR 42251, September 28, 1978; 44 FR 17674, March 23, 1979).
Burden Statement: In the previously approved ICR, the average
annual burden to industry to meet these record-keeping and reporting
requirements was estimated at 34.5 person-hours. This is based on an
estimated 23 respondents. The average annual burden for reporting only
is projected to be less than 10 hours. This is because virtually all
reporting requirements apply to new facilities only, and no new
secondary lead smelters are anticipated over the next three years.
There is a chance that some existing facility might need to report a
physical or operational change; however, these reports are very rare,
and might only involve one facility over the three-year period, with a
burden of less than 10 hours.
(2) NSPS subparts KKK and LLL, New Source Performance Standards
(NSPS) for Equipment Leaks of VOC from Onshore Natural Gas Processing
Plants (40 CFR part 60, subpart KKK) and New Source Performance
Standards (NSPS) for Onshore Natural Gas Processing: SO2
emissions (40 CFR part 60, subpart LLL); EPA ICR No. 1086.05, OMB
Control No. 2060-0120; Expires 01/31/00.
Affected Facilities: Those entities which process natural gas
onshore and are subject to NSPS subpart KKK and or NSPS subpart LLL.
Abstract: There are 586 facilities subject to NSPS subpart KKK and
62 subject to NSPS subpart LLL. There is no expected growth rate in the
onshore natural gas processing industry. Subpart KKK regulates VOC
emissions and subpart LLL regulates SO2 emissions. In the
Administrator's judgement these pollutants cause or contribute to air
pollution that may endanger public health or welfare. Consequently, New
Source Performance Standards were promulgated for this source category.
These standards rely on the proper installation, operation and
maintenance of particulate control devices and leak detection and
repair protocols.
In order to ensure compliance with the standards, adequate
recordkeeping and reporting is necessary. This information enables the
Agency to: (1) identify the sources subject to the standard; (2) ensure
initial compliance with emission limits; and (3) verify continuous
compliance with the standard. Specifically, the rule requires an
application for approval of construction, notification of startup,
notification and report of the initial emissions test, and notification
of any physical or operational change that may increase the emission
rate. In addition, sources are required to keep records of all
startups, shutdowns, and malfunctions. Recordkeeping requirements for
subpart KKK affected facilities follows a general leak detection
program regimen. It consists of inventorying the applicable pumps,
pressure relief devices, sampling connections, valves, flanges and
compressors; taking note of any leaks found at these pieces of
equipment; and recording information regarding repairs. In general, gas
leaks are monitored monthly and a visual inspection for liquid leaks is
performed weekly.
The initial report for facilities subject to subpart KKK is
required to be submitted within six months of affected facility
startup. This report shall identify all process units and identify all
valves, pumps, and compressors that are subject to the standards. All
subsequent reports are due semiannually. These semiannual reports shall
include information on applicable valves, pumps, and compressors,
including the amount of valves, pumps, and compressors found leaking
during the reporting period and information on repair, including the
amount of valves, pumps, and compressors that did not have leaks
repaired.
Recordkeeping requirements for subpart LLL affected facilities
involve recording the measurements and calculations regarding
determining initial and continuous SO2 emission reduction
efficiency, and periods of excess emissions must be recorded. Excess
emissions are defined as any 24-hour period during which the average
sulfur emission reduction efficiency (as measured by operating
temperature) is less than the appropriate operating temperature as
determined in the performance test. Each 24 hour period must consist of
at least 96 temperature measurements equally spaced over the 24 hours.
A semiannual report is required for facilities subject to Ssbpart LLL.
These reports shall contain information on periods of excess emissions
as defined for facilities using sulfur emission reduction efficiency
and those using CEMs.
All reports are sent to the delegated state or local authority. In
the event that there is no delegated authority, the reports are sent
directly to the EPA Regional office. Notifications are used to inform
the Agency or delegated authority when a source becomes subject to the
standards. The reviewing authority may then inspect the source to check
if the required records are being kept and the pollution control
devices have been properly installed and are being operated correctly.
Performance test reports are needed for SO2 since they serve
as the Agency's record of a source's initial capability to comply with
the SO2 standards, and provide information on the operating
conditions under which compliance was achieved. Excess emission reports
are submitted for problem identification, as a check on source
operation and maintenance, and for compliance determinations.
In the absence of such information collection requirements,
enforcement personnel would be unable to determine whether the
standards are being met on a continuous basis, as required by the Clean
Air Act. Consequently, these information collection requirements are
mandatory. Records of the calculations and measurements required to
show applicability and compliance with the standard and compliance with
monitoring requirements must be kept for at least 2 years following the
date of the measurements. This requirement is also in the general
provisions at section 60.7(d). To certify that a facility is exempt
from the control requirements of these standards, each owner or
operator of a facility with a design capacity less than 2 Long Tons per
Day (LT/D) of H2S in the acid gas shall keep, for the life
of
[[Page 44520]]
the facility, an analysis demonstrating that the facility's design
capacity is less than 2 LT/D acid gas. Each owner or operator who
elects to comply with section 60.646(e) shall keep, for the life of the
facility, a record demonstrating that the facilities design capacity is
less than 150 LT/D of H2S expressed as sulfur.
Burden Statement: The burden for NSPS subpart KKK includes 70 hours
to prepare semiannual reports, and 80 hours to file and maintain
records of measurements. The total burden hours for NSPS subpart KKK is
31,020. The burden for NSPS subpart LLL includes 16 hours to write the
excess emissions report, Two hours to implement activities, 30 min to
maintain records of start-up, shut-down, and/or malfunction, 1.5 hours
to record the required monitoring measurements, and 2 hours for the
capacity data records. The total burden hours for NSPS subpart LLL is
15,012. The total for both subparts combined is 46,032 hours.
(3) MACT subpart L; National Emission Standards for Coke Oven
Batteries (40 CFR part 63, subpart L; EPA ICR No 1362.04, OMB Control
No. 2060-0253; Expires 12/31/99.
Affected Entities: These standards apply to owners or operators of
by-product and non-recovery coke oven batteries, whether existing, new,
reconstructed, rebuilt or restarted. It also applies to all batteries
using the conventional by-product recovery, the nonrecovery process, or
any new recovery process. Applicability dates vary depending on the
emission limitation the affected facility is subject to.
Abstract: The National Emissions Standards for Coke Oven Batteries
were proposed on December 4, 1992 and promulgated on October 27, 1993.
Under this rule, all existing batteries must choose a compliance track.
Three compliance approaches are available under the rule: the ``MACT
(Maximum Achievable Control Technology) track,'' the ``LAER (Lowest
Achievable Emission Rate) extension track,'' and straddling both tracks
(until January 1, 1998).
Owners or operators of coke oven batteries, whether existing, new,
reconstructed, rebuilt or restarted, are required to comply with the
following monitoring, recordkeeping and reporting requirements.
Monitoring requirements include: daily monitoring of coke oven
batteries by a certified observer for each emission point and calculate
the 30-run rolling average; daily performance tests for each coke oven
battery are needed to determine compliance with the visible emission
limitations for coke oven doors, topside port lids, offtake systems,
and charging operations; monitoring of pollution control equipment
operation and maintenance (e.g., flare system); and daily inspection of
the collecting main for leaks according to Method 303. The
recordkeeping requirements include: maintain records of the startup,
shutdown, or malfunction plan developed under section 63.310; maintain
records of the coke oven emission control work practice plan developed
under section 63.306; maintain records of maintenance and inspection on
leaks for by-product coke oven batteries; maintain records of daily
operating parameters and design characteristics for nonrecovery coke
oven batteries; maintain records of bypass/bleeder stack flare system
or an approved alternative control device; and maintain records onsite
for at least a year. Thereafter records must be accessible within three
working days upon the Administrator's request. The reporting
requirements include: submit one-time notifications to elect a
compliance track and to certify initial compliance; if applicable,
respondents also would submit one-time notifications or requests for
constructing a new, brownfield, or padup rebuild by-product coke oven
battery using a new recovery technology; restarting a cold-idle battery
shutdown prior to November 15, 1990; obtaining an exemption from
control requirements for bypass/bleeder stacks by committing to
permanent closure of a battery or using an equivalent alternative
control system for the stacks; and obtaining an alternative standard
for coke oven doors on a battery equipped with a shed; if a malfunction
occurred, respondents must notify the enforcement agency and follow up
with a written report. A report also would be required if coke oven gas
were vented through a bypass/bleeder stack and not flared as required
under the rule; report for the venting of coke oven gas other than
through a flare system; and submit semiannual compliance
certifications.
All reports are sent to the delegated State or local authority. In
the event that there is no such delegated authority, the reports are
sent directly to the EPA Regional Office. Notifications are used to
inform the Agency or delegated authority when a source becomes subject
to the standard. The reviewing authority may then inspect the source to
check if the pollution control devices are properly installed and
operated.
Based on recorded and reported information, EPA and states can
identify compliance problems and what records or processes should be
inspected at the plant. The records the plant maintains help indicate
whether plants are in compliance with the standard, reveal
misunderstanding about how the standard is to be implemented, and
indicate to EPA whether plant personnel are operating and maintaining
their process equipment properly. Specifically, the information and
data will be used by EPA and states to: identify batteries subject to
the standards; ensure that MACT and LAER are properly applied; and
ensure that daily monitoring and work practice requirements are
implemented as required. Effective enforcement of the standard is
particularly necessary in light of the hazardous nature of coke oven
emissions.
Reporting and recordkeeping requirements on the part of the
respondent are mandatory under sections 112 and 114 of the Clean Air
Act as amended. All information submitted to the Agency for which a
claim of confidentiality is made will be safeguarded according to the
Agency policies set forth in Title 40, Chapter 1, part 2, subpart B--
Confidentiality of Business Information (See 40 CFR part 2; 41 FR
36902, September 1, 1976; amended by 43 FR 39999, September 8, 1978; 43
FR 42251, September 28, 1978; 44 FR 17674, March 23, 1979).
Burden Statement: In the previously approved ICR, the recordkeeping
and reporting burden were estimated to average $10,740 total annual
hours and 306.9 hours per respondent per year. The total annual cost
for recordkeeping and reporting was estimated to average $365,626 based
on 35 respondents. The estimated operation and maintenance cost
documented was $2,364,954 due to the total burden hours associated with
monitoring requirements (i.e., 69,469 hours). The burden has been
calculated on the basis of estimated hourly rates as follows: technical
$35, management $51, and clerical $16. There were no capital and start-
up cost since no new sources were expected over the next three years.
The total average annual burden to industry over the next three years
of the ICR is estimated to be $2,730,580.
Several general assumptions were made for both by-product batteries
and nonrecovery batteries in calculating the respondent burden
associated with this regulation, as described below. Owners or
operators of by-product batteries are required to have daily
performance tests for each emission point on each battery conducted by
a certified observer provided by the state. Therefore, respondent will
reimburse the state through permit fees for all costs associated with
daily inspections using
[[Page 44521]]
the formula provided in the standard. Other indirect costs attributable
to respondents would include the cost of observer certification. It was
assumed in this analysis that of the 34 by-product recovery plants only
10% would be required to implement the work practice procedures,
specified in the work practice plan, which is require following the
second independent exceedance of an applicable visible emission
limitation for an emission point. It was also assumed in the analysis
that 10% of the 34 by-product plants would experience a venting episode
where emissions are released through bypass/bleeder stacks without
flaring and, therefore, require to submit a notification and written
report to EPA. The nonrecovery plants are not required to use a
certified observer to monitor the oven pressure to control emissions
from coke oven doors. However, nonrecovery plants are subject to work
practices for charging operations for which they need to keep records.
Other specific assumptions made in calculating the burden estimate
analysis include: (1) One plant per year will submit a notification for
construction or reconstruction, use of new recovery technology, and
startup of cold-idle batteries; (2) the enforcement agency will receive
requests for an alternative door standard; (3) 1 plant would
permanently close batteries and would be required to submit a
notification; (4) 1 plant will submit a compliance certification, all
existing plants have already submitted by the required date initial
compliance certifications; (5) all plants will submit semiannual
compliance certifications; (6) 20% of the 35 existing plants had
initially selected to comply with the LAER extension compliance track
or to straddle both the MACT and LAER compliance track, and would have
to submit by January 1998 a notification on whether they want to
continue this extension track until the end of the allowable period or
comply with the 1995 MACT limits and residual risk standards; (7) no
requests for an alternative control system would be submitted to the
enforcement agency; and (8) 2 of the 35 existing plants may experience
malfunction and, therefore are required to submit a notification and a
written report to the enforcement agency.
Dated: August 6, 1999.
Ken Gigliello,
Acting Director, Manufacturing Energy, and Transportation Division.
[FR Doc. 99-21167 Filed 8-13-99; 8:45 am]
BILLING CODE 6560-50-P
