                             SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

A.	JUSTIFICATION

1.	IDENTIFICATION OF INFORMATION COLLECTION

 a)	Title: National Emission Standards for Hazardous Air Pollutants (NESHAP) for Radon Emissions from Operating Mill Tailings (40 CFR Part 61, Subpart W) (Renewal)

      EPA ICR Number 2464.03, OMB Control Number 2060-0706

b)	Short Characterization
      
      On January 17, 2017 EPA issued final revisions to the radon emission standards for 40 CFR Part 61, Subpart W (82 FR 5142). Included in the final revisions is a requirement that owners and operators of uranium recovery facilities maintain specific records pertaining to the design, construction and operation of the uranium tailings impoundments, both conventional and non-conventional, and heap leach piles. These records will be retained at the facility and contain information regarding the approved design of the impoundments and/or heap leach pile, including but not limited to, all tests performed that prove the liner is compatible with the material(s) being placed on the liner. For non-conventional impoundments this requirement also includes written and digital photographic records showing compliance with the requirement to maintain liquid in the impoundment such that any solid materials in the impoundment are not visible above the liquid level. Apart from the design documents, which are required for the application submitted under Subpart A of 40 CFR Part 61, records regarding the inspections to determine the liquid retention requirement for non-conventional ponds are new requirements for collection of information that is not covered under the already existing ICR for radionuclide NESHAPS, EPA Number 1100.16, OMB Number 2060-0191.
      
      Information collected is used by EPA to ensure that public health continues to be protected from the hazards of airborne radionuclides by compliance with these standards.  If the information were not collected, it is unlikely that a violation of these standards would be identified and, thus, there would be no corrective action initiated to bring the facilities back into compliance.  Compliance is demonstrated through inspection.  All facilities are required to maintain their records for the operational lifetime of the facility, as specified in 40 CFR 61.255.  In some cases, they also report their results to EPA.
2. NEED FOR AND USE OF THE COLLECTION
      (a) Need/Authority for the Collection
      In the context of the Clean Air Act (42 USC 7414), Section 114 authorizes the Administrator of EPA to require any person who owns or operates any emission source or who is subject to any requirements of the Act to:
      - Establish and maintain records
      - Make reports, install, use, and maintain monitoring equipment or method
      - Sample emissions in accordance with EPA-prescribed locations, intervals and methods
      - Provide information as may be requested
      (b) Practical Utility/Users
      EPA's regional offices use the information collected to ensure that public health continues to be protected from the hazards of radionuclides by compliance with health-based standards and/or Generally Available Control Technology (GACT).
      EPA's compliance monitoring activities vary widely.  EPA could issue a letter requesting information about compliance or could conduct a full -  scale investigation, including on-site inspections.

      When EPA first learns of a compliance problem, EPA attempts to remedy the problem by holding informal discussions with the owner/operator of the source.  If it is not possible to remedy the problem informally, formal action is taken. 
3.  NON-DUPLICATION, CONSULTATIONS AND OTHER COLLECTION CRITERIA
    (a)  Non-duplication
    In accordance with 40 CFR Part 61, the specific information requested by this notice is not currently collected by any other office within EPA or any other governmental agency. 
    (b) Public Notice Required Prior to ICR Submission to OMB
    
    EPA is publishing a Federal Register notice to request comments on specific aspects of this ICR with a 60-day comment period. Comments will be reviewed to determine whether the burden estimates should be revised.  
    (c) Consultations
    In developing the requirements, EPA gathered extensive background information on the affected facilities.  In addition to background information collected from the regulated sources, public comments were received during the rulemaking process and they are contained in the public docket (EPA-HQ-OAR-2008-0218).  In preparing this renewal, EPA will also review required submissions of compliance information and contact regulated entities, and review information related to the uranium production sector to characterize the respondent universe. 
    (d)  Effects of Less Frequent Collection
      Respondents are required to collect digital photographs of liquid levels in impoundments at least weekly and submit them to the Agency at least monthly. This provides sufficient frequency for the Agency to ensure that compliance is maintained, or corrective actions taken in a timely manner. Extended periods of exposed uranium byproduct material could result in excessive emissions of radon to the atmosphere.
    (e)  General Guidelines
      This ICR meets OMB's collection guidelines. Reporting on a monthly basis allows the Agency to respond to potential increases in radon emissions. Records consisting of impoundment design and construction documents, written observation of impoundment liquid levels, and digital photographs are to be maintained for the operational lifetime of the facility, as specified in 40 CFR 61.255.
    (f) Confidentiality							
      This section does not apply because this ICR does not request information of confidential nature. 
	(g) Sensitive Questions
      This section is not applicable because this ICR does not request sensitive information.
4.  THE RESPONDENTS AND THE INFORMATION REQUESTED
      (a) Respondents North American Industrial Classification System (NAICS) Codes
      The NAICS Code associated with the activity of the respondents is:
      Uranium-Radium-Vanadium Ore Mining - 212291
      (b) Information Requested and Respondent Activities
      Descriptions of the reporting and record keeping requirements are listed below.
Reporting
Subpart W - Uranium Mill Tailings
      The owners or operators of operating non-conventional impoundments are required to submit digital photographs collected during compliance inspections to the Subpart W Impoundment Photographic Reporting system (SWIPR) under Section 61.255. Digital photographs documenting the presence of liquids in non-conventional impoundments such that solid materials are not visible above the liquid level are to be collected at least weekly and uploaded to SWIPR at least monthly. Daily inspections of impoundments are required by the Nuclear Regulatory Commission (NRC), which limits the additional burden on respondents. Written observations and digital photographs documenting liquid levels can be collected in conjunction with these customary and usual business practices.
Record Keeping
      
      The owner or operator of the uranium recovery facility must maintain records that confirm the approved design and operating procedures for the conventional impoundment(s), non-conventional impoundment(s) and heap leach pile(s). Included in these records shall be the results of liner compatibility tests and written and digital photographic records confirming that liquid has been maintained in non-conventional impoundments such that no solid material is visible above the liquid level. This documentation should be sufficient to allow an independent auditor to verify the accuracy of the determination made concerning the facility's compliance with the standard.  These records must be kept at the site of the facility for the operational lifetime of the facility and, upon request, be made available for inspection by the Administrator, or the Administrator's authorized representative.
5.	THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT
      (a) Agency Activities
      Information being collected is pursuant to Federal regulation. Agency activities consist of reviewing owner or operator photographic submissions and maintaining files.
      (b) Collection Methodology and Management
      The EPA has planned and allocated resources for the efficient and effective management and use of this information. 
      
      Records must be maintained documenting the approved design and operating procedures for the conventional impoundment(s), non-conventional impoundment(s) and heap leach pile(s). Included in these records shall be the results of liner compatibility tests and written and digital photographic records confirming that liquid has been maintained in non-conventional impoundments such that solid materials are not visible above the liquid level. This documentation should be sufficient to allow an independent auditor to verify the accuracy of the determination made concerning the facility's compliance with the standard.  Verification of data is accomplished by review of digital photographs of liquid in non-conventional impoundments. These records must be kept at the site of the facility for the operational lifetime of the facility and, upon request, be made available for inspection by the Administrator, or the Administrator's authorized representative. EPA regional office staff may perform periodic on-site inspections to determine if compliance with the regulatory standards is being maintained, including review of records.  
      (c) Small Entity Flexibility
      For purposes of assessing the impacts of this ICR on small entities, small entity is defined as: (1) a small business whose company has less than 250 employees and is primarily engaged in leaching or beneficiation of uranium, radium or vanadium ores as defined by NAICS code 212291; (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; and (3) a small organization that is any not-for-profit enterprise which is independently owned and operated and is not dominant in its field.
      Of the 9 facilities identified, 5 are owned by small businesses.  Three of the six facilities that have been documenting the liquid level in non-conventional impoundments are owned by small businesses. The inspections to determine the liquid retention requirement for non-conventional impoundments can be created and stored during the daily inspections of the tailings and waste retention systems required by the NRC (and Agreement States) under the inspection requirements of 10 CFR 40, Appendix A, Criterion 8A. Therefore, no small organizations or small governmental entities have been identified that would be adversely impacted by the proposed ICR. 
      (d) Collection Schedule
      Collection of the information required will begin when the facility enters into operational status, with the documentation of design and construction of impoundments. Inspections and record keeping of impoundment liquid levels shall begin when non-conventional impoundments are first used to manage uranium byproduct material or tailings and shall be performed daily, during the inspections required by 10 CFR 40, Appendix A, Criterion 8A. Digital photographs to document the liquid level in non-conventional impoundments are to be taken at least weekly. Monthly submission of digital photographs to the SWIPR system is required; if the SWIPR system is not available, photographs must be maintained at the facility and made available upon request.
6.  ESTIMATING THE BURDEN AND COST OF THE COLLECTION
      Burden and costs estimates have been calculated separately for these collections.  Respondent labor rates are based on "mean" values from the May 2019 data of the US Department of Labor, Bureau of Labor Statistics (BLS) for the mining industrial sector.  These national industry-specific occupational employment and wage estimates are calculated with data collected from employers of all sizes, in metropolitan and non-metropolitan areas in every State and the District of Columbia, in NAICS 212200 - Metal Ore Mining.  Mean hourly rates were then adjusted to represent total compensation, using the BLS estimate that wages in this sector represent 67.2% of total compensation. These rates are then increased by 120% to account for overhead and adjusted by 0.664% to account for inflation from BLS May 2019 dollars (most recent data available) to June 2020 dollars. The labor key is as follows: Management (Mgmt) ($122/hr) was based on the General & Operations Managers (Occupation Code 11-1021) in the metal ore mining sector in the BLS data. Technical (Tech) ($77/hr) was based on the average of three technical groups (environmental engineers, mining and geological engineers, and environmental scientists) (Occupation Codes 17-2081, 17-2151, and 19-2040, respectively) in the mining sector.  Clerical (Cler) ($40/hr) was based on the Office and Administrative Support Occupations Group (Occupation Code 43-9000) in the metal ore mining sector in the BLS data.
	The tables representing Subpart W are listed below with their reporting requirement information.  

Information Collection        Hours and Costs Per Respondent    Maintain Liquid in Impoundment               Total Hours and Costs                 
Activity

Subpart W-- Uranium Mill Tailings 
                               Manager ($122/hr)
                              Technical ($77/hr)
                               Clerical ($40/hr)
                           Total Respondent hours/yr
                        Labor cost (annual/ respondent)
                             Capital/Startup cost
                                O & M Cost
                             Number of Respondents
                                Total hours/yr
                              Total Labor cost/yr

                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
Read and understand the regulatory provision (Mgmt)
                                       2
                                       
                                       
                                       2
                                     $244 
                                       
                                       
                                       6
                                      12
                                    $1,464 
Acquire Instrumentation (Mgmt)
                                       5
                                       
                                       
                                       5
                                     $610 
                                     $300 
                                       
                                       6
                                      30
                                    $3,660 
Train technician to perform inspection (Mgmt./Tech)
                                       8
                                       8
                                       
                                      16
                                    $1,589 
                                       
                                       
                                       6
                                      96
                                    $9,536 
Perform inspection to determine presence of liquid (Tech.)
                                       
                                      240
                                       
                                      240
                                   $18,400 
                                       
                                       
                                       6
                                     1440
                                   $110,400 
File and maintain data (Clerical/Tech)
                                       
                                      10
                                      10
                                      20
                                    $1,167 
                                       
                                    $100 
                                       6
                                      120
                                    $7,000 
TOTAL
                                      15
                                      258
                                      10
                                      283
                                   $22,010 
                                     $300 
                                     $100
                                       6
                                     1698
                                   $132,060 
Assumptions:
1. Capital/start up cost: 6 facilities x $300 = $1,800
2.  Annual cost (O & M): 6 facilities x $100 = $600


Information Collection        Hours and Costs Per Respondent  -  Design Plans Retention                       Total Hours and Costs
Activity

Subpart W-- Uranium Mill Tailings 
                               Manager ($122/hr)
                              Technical ($77/hr)
                               Clerical ($40/hr)
                           Total Respondent hours/yr
                              Labor cost (annual/
                                  respondent)
                                   Capital/
                                 Startup cost
                                O & M Cost
                             Number of Respondents
                                Total hours/yr
                              Total Labor cost/yr

                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
Read and understand the regulatory provision (Mgmt)
                                       2
                                       
                                       
                                       2
                                     $244 
                                       
                                       
                                       9
                                      18
                                    $2,196 
                                Record Keeping
File and maintain data (Clerical)
                                       
                                       
                                      10
                                      10
                                     $400 
                                     $100 
                                    $100 
                                       9
                                      90
                                    $3,600 
TOTAL
                                       2
                                       0
                                      10
                                      12
                                     $644 
                                     $100 
                                     $100
                                       9
                                      108
                                    $5,796 
Assumptions:
1. Capital/start up cost: 9 facilities x $100 = $900
2.  Annual cost (O & M): 9 facilities x $100 = $900

W--Uranium Mill Tailings
      In order to complete these reporting requirements respondents will:
      a.	read and understand the regulatory provision,
      b.	acquire and install instrumentation necessary to comply with the regulatory requirements,
      c.	train technicians to perform the inspections,
      d.	perform the required inspections,
      e.	prepare and maintain the reports at the facility, available to EPA upon request.
      Maintaining liquid in non-conventional impoundment
      -It is estimated that the material required for documenting the liquid level through written and digital photographic records is not more than $300.
      - It is estimated that it will take one person one day to train to record the required information, and one person to provide training.
      - It is estimated that it will take one hour to perform the inspection and record the required information, and it will be carried out for 240 work days per year.
      - It is estimated that it will take 20 hours per year to submit digital photographs and maintain written and digital photographic records.
      - It is estimated that 6 facilities will keep records annually.
      - The estimated cost for each facility to complete the requirements is $22,010.
      
      Maintaining design/construction records
      -It is assumed that these records cost nothing to generate, since they were required as part of the application for construction/modification required under Subpart A of 40 CFR Part 61.
      -It is assumed that maintaining the records at the facility will require minimum handling, and minimum storage requirements.
      -It is estimated that 9 facilities will maintain these records.
      -The estimated cost for each facility to maintain the records is $644.
ESTIMATED AGENCY BURDEN AND COST
The burden to the EPA is only for reviewing the information collected by the regulated community to ensure that they meet the requirements of the regulations, as well as continuing maintenance (assuming no enhancements) of the SWIPR system for electronic submittal of digital photographs documenting the liquid level in non-conventional impoundments. The main burden is on the regulated community as they have to inspect their facilities, compile the data, and retain the necessary reports for compliance purposes. The estimated agency burden and costs are as shown in the table below. Agency salaries were found in 2020 General Schedule Salary Table. Uranium recovery facilities in the respondent universe are located in Regions 7 and 8, so the average locality pay for those locations was used (Lenexa, KS and Denver, CO). The data for review of reports for compliance was based on the salary scale for GS-13, step 5 (Tech), with a multiplier of 1.6 to include overhead; this resulted in $85/hr. For the Clerical category, the salary scale for a GS-9, step 5 (Cler) was used with a multiplier of 1.6 to account for overhead; this resulted in $48/hr. In addition, development and maintenance of the system for electronic submittal of digital photographs is estimated to involve a GS-14, step 1, using locality pay for Washington, D.C. Using the 1.6 multiplier, this resulted in $93/hr.


SUMMARY OF BURDEN ESTIMATE FOR THE AGENCY

AGENCY
O&M Burden Hours
O&M Cost 
Annual Burden Hrs per Respondent 
Annual Costs per Respondent
Develop and maintain electronic system for submission of digital photographs ($93/hr agency staff; $97/hr contractor)
50 (Agency)

47 (Contract)
                                                                        $9,209 
                                                                            0.5
                                                                           $47 
Review reports for compliance verification (Tech @$85/hr)
 
 
                                                                              6
                                                                          $510 
File reports (Cler @$48/hr)
 
 
                                                                              4
                                                                          $192 
SUB-TOTAL
 
                                                                        $9,209 
                                                                           10.5
                                                                          $749 
TOTAL for 6 respondents
                                                                             63
                                                                        $4,491 

      
      
                 Total Estimated Respondent Burden and Cost Summary

                                   Number of
                                  Respondents
                                       
                             Number of Activities
                                Total Hours Per
                                     Year
                           Total Labor Cost Per Year
                                 Total Annual 
                                Capital Costs*
                              Total Annual O&M
                                     Costs
                                Maintain Liquid
                                       
                                       6
                                       
                                       5
                                       
                                     1698
                                       
                                   $132,060
                                       
                                     $600
                                       
                                     $600
                        Design/Operating Plan Retention
                                       
                                       9
                                       
                                       2
                                       
                                      108
                                       
                                    $5,796
                                       
                                     $300
                                       
                                     $900
                                     TOTAL
                                       
                                       9
                                       
                                       7
                                       
                                     1806
                                       
                                   $137,856
                                       
                                     $900
                                       
                                    $1,500
      * Capital/startup costs shown in earlier tables are not annual costs. Those costs are roughly annualized over a three-year ICR period. There are not expected to be annual capital costs associated with this ICR.
      
      Reasons for Change in Burden: The primary reason for the reduction in burden estimates from the ICR currently approved by OMB is an adjustment in the size of the respondent universe. The initial ICR approved at the time of rulemaking included a larger universe of potential respondents based on the overall state of the uranium production industry. Many of those facilities remain in some phase of licensing and development and EPA does not anticipate that any new facilities will become subject to the reporting and record-keeping requirements during this ICR renewal period. EPA will review facility status to confirm this assumption. The Agency has also made a minor adjustment in the estimated number of hours to read and become familiar with the requirements. A change in the labor categories used to estimate labor rates for technical positions resulted in an increase in the labor costs relative to the initial approved ICR. The change in estimated burden on the Agency primarily results from the transition of the SWIPR system from a start-up to an operations and maintenance mode, reflecting annual costs associated with EPA's Central Data Exchange (CDX).
      Burden Statement:  The annual burden for this collection of information is estimated to average 283 hours for compliance with requirements to maintain liquids in non-conventional impoundments and 12 hours for a facility to retain records related to design and construction of impoundments and heap leach piles.  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.  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 are listed in 40 CFR part 9 and 48 CFR chapter 15. 
      
      To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID EPA-HQ-OAR-2020-0403, which is available for public viewing at the Air and Radiation Docket in the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution Ave., NW, Washington, DC. 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 Room is (202) 566-1744, and the telephone number for the Office of Indoor Air and Radiation Docket is (202) 566-1742.  An electronic version of the public docket is available through www.regulations.gov.  Use regulations.gov 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.  Once in the system, select "search," then key in the docket ID number identified above.  Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Officer for EPA.  Please include the EPA Docket ID EPA-HQ-OAR-2020-0403 and OMB Control Number 2060-0702 in any correspondence. 
