

[Federal Register: December 7, 2007 (Volume 72, Number 235)]
[Notices]               
[Page 69213-69215]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07de07-54]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2002-0058; FRL-8503-4]

 
Agency Information Collection Activities: Proposed Collection; 
Comment Request; Information Request for National Emission Standards 
for Industrial, Commercial, and Institutional Boilers and Process 
Heaters; EPA ICR No. 2286.01

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 
U.S.C. 3501 et seq.), this action announces that EPA is planning to 
submit a request for a new Information Collection Request (ICR) to the 
Office of Management and Budget (OMB). Before submitting the ICR to OMB 
for review and approval, EPA is soliciting comments on specific aspects 
of the proposed information collection as described below.

DATES: Comments must be submitted on or before February 5, 2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2002-0058, by one of the following methods:
     http://www.regulations.gov: Follow the on-line 

instructions for submitting comments.
     E-mail: a-and-r-docket@epa.gov.
     Fax: (202) 566-1741.
     Mail: Air and Radiation Docket and Information Center, 
Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460.
     Hand Delivery: Air and Radiation Docket and Information 
Center, U.S. EPA, Room 3334, EPA West Building, 1301 Constitution 
Avenue, NW., Washington, DC. Such deliveries are only accepted during 
the Docket's normal hours of operation, and special arrangements should 
be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2002-0058. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information provided, 

unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through http://www.regulations.gov or e-mail. 

The http://www.regulations.gov Web site is an ``anonymous access'' system, 

which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through http://www.regulations.gov 

your e-mail address will be automatically captured and included as part 
of the comment that is placed in the public docket and made available 
on the Internet. If you submit an electronic comment, EPA recommends 
that you include your name and other contact information in the body of 
your comment and with any disk or CD-ROM you submit. If EPA cannot read 
your comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm.


FOR FURTHER INFORMATION CONTACT: Jim Eddinger, Energy Strategies Group, 
Sector Policies and Program Division, (D243-01), Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711; 
telephone number: (919) 541-5426; fax number: (919) 541-5450; e-mail 
address: eddinger.jim@epa.gov.

SUPPLEMENTARY INFORMATION:

How Can I Access the Docket and/or Submit Comments?

    EPA has established a public docket for this ICR under Docket ID 
No. EPA-HQ-OAR-2002-0058, which is available for online viewing at 
http://www.regulations.gov, or in person viewing at the Air and Radiation 

Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 
Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room 
is open from 8 a.m. to 4:30 p.m., Monday through Friday, excluding 
legal holidays. The telephone number for the Reading Room is 202-566-
1744, and the telephone number for the Air and Radiation Docket is 202-
566-1742.
    Use http://www.regulations.gov to obtain a copy of the draft collection of 

information, submit or view public comments, access the index listing 
of the contents of the docket, and to access those documents in the 
public docket that are available electronically. Once in the system, 
select ``search,'' then key in the docket ID number identified in this 
document.

[[Page 69214]]

What Information Is EPA Particularly Interested In?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically 
solicits comments and information to enable it 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, including the validity of 
the methodology and assumptions used;
    (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 appropriate automated 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses. In particular, EPA is requesting comments from 
very small businesses (those that employ less than 25) on examples of 
specific additional efforts that EPA could make to reduce the paperwork 
burden for very small businesses affected by this collection.

What Should I Consider When I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments.
    1. Explain your views as clearly as possible and provide specific 
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified 
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket 
ID number assigned to this action in the subject line on the first page 
of your response. You may also provide the name, date, and Federal 
Register citation.

What Information Collection Activity or ICR Does This Apply To?

    Affected entities: Entities potentially affected by this action are 
major sources of hazardous air pollutants (HAP) in the industrial, 
commercial, and institutional boilers and process heaters source 
categories. A major source is one that has the potential to emit more 
than 10 tons per year (tpy) of any HAP, 25 tpy for the total of all 
HAP, or amounts exceeding any lesser quantity cutoff established 
pursuant to section 112(a)(1) of the Clean Air Act (CAA).
    Title: Information Collection Effort for Facilities with Boilers 
and/or Process Heaters at Major Sources of HAP Emission.
    ICR numbers: EPA ICR No. 2286.01.
    ICR status: This ICR is for a new information collection activity. 
An Agency may not conduct or sponsor, and a person is not required to 
respond to, a collection of information, unless it displays a currently 
valid OMB control number. The OMB control numbers for EPA's regulations 
in title 40 of the CFR, after appearing in the Federal Register when 
approved, are listed in 40 CFR part 9, are displayed either by 
publication in the Federal Register or by other appropriate means, such 
as on the related collection instrument or form, if applicable. The 
display of OMB control numbers in certain EPA regulations is 
consolidated in 40 CFR part 9.
    Abstract: The proposed ICR has two components to the information 
collection. To obtain the information necessary to identify and 
categorize all boilers and process heaters potentially affected by the 
revised standard, the first component of this ICR will solicit 
information from all potentially affected units in the format of an 
electronic survey under authority of section 114 of the CAA. The survey 
will be submitted to all facilities that either submitted an initial 
notification, or if initial notification data is not available, all 
facilities with Title V permits denoted as a major source of HAP, that 
have a boiler or process heater listed in their permit.
    The second component will consist of requiring, if deemed 
necessary, again through the issuance of a letter pursuant to the 
authority of section 114 of the CAA, the owners/operators of up to a 
total of 350 boilers or process heaters selected at random to conduct 
in accordance with an EPA-approved protocol stack testing.
    The EPA estimates the cost of the electronic survey component of 
the information collection will be 95,832 hours and $7,685,102. The 
total annual reporting and recordkeeping burden for the stack testing 
component of the data gathering effort is estimated to be no more than 
29,584 hours and $11,712,769.
    Industrial, commercial, and institutional boilers and process 
heaters were listed as a major source category of HAP on July 16, 1992 
(57 FR 31576). Section 112(c)(2) of the CAA requires that we establish 
National Emission Standards for Hazardous Air Pollutants (NESHAP) for 
control of HAP from both existing and new major sources, based upon the 
criteria set out in the CAA section 112(d). The CAA requires the NESHAP 
to reflect the maximum degree of reduction in emissions of HAP that is 
achievable, taking into consideration the cost of achieving the 
emission reduction, any non-air quality health and environmental 
impacts, and energy requirements. This level of control is commonly 
referred to as the maximum achievable control technology (MACT). The 
minimum control level allowed for NESHAP (the minimum level of 
stringency for MACT) is the ``MACT floor,'' as defined under section 
112(d)(3) of the CAA. The MACT floor for existing sources is the 
emission limitation achieved by the average of the best-performing 12 
percent of existing sources for categories and subcategories. For new 
sources, the MACT floor cannot be less stringent than the emission 
control achieved in practice by the best-controlled similar source.
    The NESHAP for boilers and process heaters were promulgated at 40 
CFR part 63, subpart DDDDD, on September 2004 (see 69 FR 55218), and 
vacated by the Courts on June 8, 2007. The vacature requires the Agency 
to revise the standards and the associated MACT floors based on new 
estimates of potentially affected units.
    The previous rulemaking was based upon data gathered for the 
Industrial Combustion Coordinated Rulemaking, complimented by 
additional survey data received from non-fossil boiler and process 
heaters. These data sources are over 10 years old. When the Agency 
recently compared these data to facilities submitting initial 
notifications to comply with the vacated standard, a large disparity 
was identified in the number of potentially affected units at major 
sources of HAP. Since the last boiler and process heater data gathering 
effort, many sources have shut down, others have selected to operate 
with a limit on their HAP emissions in order to avoid being subject to 
the Boiler and Process Heater NESHAP, and some units have switched out 
older solid fuel units for newer equipment due to increased insurance 
and maintenance costs. Therefore, the Agency has concluded that 
obtaining updated information will be crucial to informing its decision 
on the revised NESHAP for boilers and process heaters.

[[Page 69215]]

    The information in both components of this ICR will be collected 
under authority of section 114 of the CAA. Section 114(a) states, in 
pertinent part:

    For the purpose * * * (iii) carrying out any provision of this 
Chapter * * * (1) the Administrator may require any person who owns 
or operates any emission source * * * to- * * * (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 shall prescribe); (E) keep records on control 
equipment parameters, production variables or other indirect data 
when direct monitoring of emissions is impractical * * * (G) provide 
such other information as the Administrator may reasonably require * 
* *

    The data collected will be used to revise the population of 
potentially affected boilers and process heaters, and update existing 
emission test data and fuel analysis information. These data will be 
used by the Agency to develop the revised NESHAP for boilers and 
process heaters (and potentially incinerators) under sections 112 and 
129 of the CAA. Specifically, the data will respond in part to the two 
research needs, providing the Agency with updated information on the 
number of potentially affected units, available emission test data and 
fuel analysis data to address variability. For a subset of units that 
may become subject to CAA section 129, and thus be required to conduct 
stack tests, the data will be used to complete emission data gaps. All 
data collected will be added to existing emission test databases for 
boilers, process heaters, and when appropriate, incinerators; it will 
also be used to further evaluate the HAP emissions from these sources.
    This collection of information is mandatory under section 114 of 
the CAA (42 U.S.C 7414). All information submitted to EPA pursuant to 
this ICR for which a claim of confidentiality is made is safeguarded 
according to Agency policies in 40 CFR part 2, subpart B. An agency may 
not conduct or sponsor, and a person is not required to respond to, a 
collection of information unless it displays a currently valid OMB 
control number. OMB control numbers for EPA's regulations in 40 CFR are 
listed 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, including the methodology 
and assumptions used;
    (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 appropriate automated 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses.
    Burden Statement: The projected cost and hour burden for this one-
time collection of information is $19,398,000 and 125,400 hours. This 
burden is based on an estimated 3,396 likely respondents to the 
electronic survey component and an estimated 350 respondents to the 
stack testing component. 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 which have subsequently changed; 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.
    The ICR provides a detailed explanation of the Agency's estimate, 
which is only briefly summarized here.
    Estimated total number of potential respondents: 3,396.
    Frequency of response: One time.
    Estimated total average number of responses for each respondent: 
1.1 (electronic survey component and stack testing component combined)
    Estimated total annual burden hours: 125,400.
    Estimated total annual costs: $19,398,000. This includes an 
estimated burden cost of $7,685,100 for the electronic survey component 
and an estimated cost of $11,712,800 for the stack testing component.

What is the Next Step in the Process for This ICR?

    EPA will consider the comments received and amend the ICR as 
appropriate. The final ICR package will then be submitted to OMB for 
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will 
issue another Federal Register notice pursuant to 5 CFR 
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the 
opportunity to submit additional comments to OMB. If you have any 
questions about this ICR or the approval process, please contact the 
technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: November 30, 2007.
Frederick Thompson,
Acting Director, Sector Policies and Programs Division.
[FR Doc. E7-23845 Filed 12-6-07; 8:45 am]

BILLING CODE 6560-50-P
