1
SF­
83
SUPPORTING
STATEMENT
ENVIRONMENTAL
PROTECTION
AGENCY
STANDARDS
OF
PERFORMANCE
TITLE:
National
Emissions
Standards
for
Hazardous
Air
Pollutants,
Part
61
TITLE
OF
SUBPART
:
National
Emission
Standard
for
Mercury,
Subpart
E
1.
Identification
of
the
Information
Collection
1(
a)
Title
of
the
Information
Collection
ICR
for
NESHAP
SUBPART
E
­
NATIONAL
EMISSION
STANDARD
FOR
MERCURY
1(
b)
Short
Characterization/
Abstract
The
National
Emission
Standards
for
Hazardous
Air
Pollutants
(
NESHAP)
for
Mercury
was
proposed
on
December
7,
1971,
promulgated
on
April
6,
1973,
and
amended
on
October
14,

1975,
and
March
19,
1987.
These
standards
apply
to
the
stationary
sources
which
process
mercury
ore
to
recover
mercury,
use
mercury
chlor­
alkali
cells
to
produce
chlorine
gas
and
alkali
metal
hydroxide,
and
incinerate
or
dry
wastewater
treatment
plant
sludge.
This
information
is
being
collected
to
assure
compliance
with
40
C.
F.
R.
Part
61,
Subpart
E.

Owners
or
operators
of
the
affected
facilities
described
must
conduct
a
one­
time
performance
test
to
demonstrate
compliance.
Notification
of
these
tests
must
be
submitted
to
the
Administrator
at
least
30
days
prior
to
the
test,
and
the
results
of
these
tests
must
be
reported
to
the
Administrator.
Monitoring
of
emissions
and
operations
requirements
specific
to
the
Mercury
NESHAP,
Subpart
E,
provide
information
on
the
parameters
of
operation
and
compliance
with
the
emission
standards.
These
records
are
essential
in
determining
compliance,
and
are
required,

in
general,
of
all
sources
subject
to
the
NESHAP
requirements.
Any
owner
or
operator
subject
2
to
the
provisions
of
this
part
shall
maintain
records
of
emission
tests,
equipment
certifications
for
at
least
2
years.

Approximately
142
sources
(
133
wastewater
treatment
plant
sludge
incineration
and
drying
plants
and
12
mercury
cell
chlor­
alkali
plants),
are
currently
subject
to
the
standard.
The
cost
of
this
ICR
will
be
$
1,456,161.52.
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.

2.
Need
for
and
Use
of
the
Collection
2(
a)
Need/
Authority
for
the
Collection
The
EPA
is
charged
under
Section
112
of
the
Clean
Air
Act,
as
amended,
to
establish
standards
of
performance
for
each
category
or
subcategory
of
major
sources
and
area
sources
of
hazardous
air
pollutants.
These
standards
are
applicable
to
new
or
existing
sources
of
hazardous
air
pollutants
and
shall
require
the
maximum
degree
of
emission
reduction.

In
addition,
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
records,
(
B)
make
such
reports,

(
C)
install,
use,
and
maintain
such
monitoring
equipment
or
methods
(
in
accordance
with
such
methods
at
such
locations,
at
such
intervals,
and
in
such
manner
as
the
Administrator
shall
prescribe),
and
(
D)
sample
such
emissions,
(
E)
keep
records
on
control
equipment
parameters,
production
variables
or
other
indirect
data
when
direct
monitoring
of
emissions
is
impractical,
(
F)
submit
compliance
certifications,
and
(
G)

provide
such
other
information
as
he
may
reasonably
require.
3
In
the
Administrator's
judgment,
mercury
emissions
from
wastewater
treatment
plant
sludge
incineration
and
drying
plants,
mercury
ore
processors
and
mercury
chlor­
alkali
plants
cause
or
contribute
to
air
pollution
that
may
reasonably
be
anticipated
to
endanger
public
health
or
welfare.

Therefore,
the
NESHAP
were
promulgated
for
this
source
category
at
40
C.
F.
R.
Part
61
Subpart
E.

2(
b)
PRACTICAL
UTILITY/
USERS
OF
THE
DATA
Emissions
of
mercury
are
the
result
of
operation
of
the
mercury
ore
processing
facilities,

mercury
chlor
alkali
cells
to
produce
chlorine
gas
and
alkali
metal
hydroxide
facilities
and
facilities
that
incinerate
or
dry
wastewater
treatment
sludge.
The
required
notifications
are
used
to
inform
the
Agency
or
delegated
authority
when
a
source
becomes
subject
to
a
standard.
The
reviewing
authority
may
then
inspect
the
source
to
check
if
the
standard
is
being
met.
Performance
test
reports
are
needed
as
these
are
the
Agency's
record
of
a
source's
initial
capability
to
comply
with
the
emission
standard,
and
serve
as
a
record
of
the
operating
conditions
under
which
compliance
was
achieved.
The
semi­
annual
reports
are
use
for
problem
identification
as
a
check
on
source
operation
and
maintenance,
and
for
compliance
determinations.

The
information
generated
by
the
monitoring,
record
keeping
and
reporting
requirements
described
in
this
ICR
is
used
by
the
Agency
to
ensure
that
facilities
affected
by
the
NESHAP
continue
to
operate
the
control
equipment
and
achieve
compliance
with
the
regulation.
Adequate
monitoring,
record
keeping,
and
reporting
is
necessary
to
ensure
compliance
with
these
standard
as
required
by
the
Clean
air
Act.
The
information
collected
from
record
keeping
and
reporting
requirements
is
also
used
for
targeting
inspections,
an
is
of
sufficient
quality
to
be
used
as
evidence
in
court.
4
3.
Nonduplication,
Consultations,
and
Other
Collection
Criteria
3(
a)
Nonduplication
The
recordkeeping
and
reporting
requested
is
required
under
40
CFR
Part
61
Subpart
E.

If
the
standard
has
not
been
delegated
the
information
is
sent
to
the
appropriate
EPA
Regional
Office.
Otherwise,
the
information
is
sent
directly
to
the
delegated
State
or
Local
Agency.
If
a
State
or
Local
Agency
has
adopted
their
own
similar
regulation
to
implement
the
Federal
Regulation,
a
copy
of
the
report
submitted
to
the
State
or
Local
agency
can
be
sent
to
the
Administrator
in
lieu
of
the
report
required
by
the
Federal
Standard.
Therefore,
no
duplication
exists.

3(
b)
Public
Notice
Required
Prior
to
ICR
Submission
to
OMB
An
announcement
of
a
public
comment
period
for
the
renewal
of
this
ICR
was
published
in
the
Federal
Register
on
June
22,
1999,
at
64
FR
33284.

3(
c)
Consultations
EPA
received
one
comment
on
the
renewal
of
this
ICR,
from
Rev.
Joseph
R.
Parrish,
Jr.,

St.
John's
Church
in
Linden,
NJ.
The
commenter
stated
that
the
Mercury
NESHAP
record
keeping
and
reporting
requirements
were
too
minimal
given
the
potential
harm
of
these
facilities.

EPA
maintains
that
the
record
keeping
and
reporting
requirements
in
the
mercury
NESHAP
are
sufficient
for
ensuring
that
facilities
maintain
the
standard
found
in
the
current
regulations.
EPA
is
currently
developing
mercury
Maximum
Achievable
Control
Technology
(
MACT)
standards
to
address
these
kinds
of
sites.

3(
d)
Effects
of
Less
Frequent
Collection
Less
frequent
information
collection
would
decrease
the
margin
of
assurance
that
5
facilities
are
continuing
to
meet
the
required
standards.
Requirements
for
information
gathering
and
recordkeeping
are
useful
techniques
to
ensure
that
good
operation
and
maintenance
practices
are
applied
and
emission
limitations
are
met.
If
the
information
required
by
these
standards
was
collected
less
frequently,
the
likelihood
of
detecting
poor
operation
and
maintenance
of
control
equipment
and
noncompliance
would
decrease.

3(
e)
General
Guidelines
None
of
the
reporting
or
recordkeeping
requirements
contained
in
40
CFR
Part
61
Subpart
E
or
otherwise
pertinent
to
this
request
violate
any
of
the
regulations
established
by
OMB
in
5
CFR
1320.6.

3(
f)
Confidentiality
The
required
information
consists
of
emissions
data
and
other
information
that
have
been
determined
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
2;
41
FR
36902,
September
1,
1976;
amended
by
43
FR
40000,
September
8,
1978;
43
FR
42251,

September
20,
1978;
44
FR
17674,
March
23,
1979).

3(
g)
Sensitive
Questions
None
of
the
reporting
or
recordkeeping
requirements
contained
in
40
CFR
Part
61
Subpart
E,
or
otherwise
pertinent
to
this
request
contain
sensitive
questions.

4.
The
Respondents
and
the
Information
Requested
4(
a)
Respondents/
SIC
Codes
The
respondents
of
the
recordkeeping
and
reporting
requirements
are
mercury
ore
6
processing
facilities,
mercury
cell
chlor­
alkali
facilities
and
wastewater
sludge
incinerators
and
dryers.
They
are
listed
under
SIC
Code(
s)
2819
and
4952.
The
government
is
in
the
process
of
transitioning
to
the
new
North
American
Industrial
Classification
System
(
NAICS).
The
NAICS
code(
s)
for
these
industries
are
325188
and
22132.

4(
b)
INFORMATION
REQUESTED
(
I)
Data
Items
All
data
in
this
ICR
that
is
recorded
and/
or
reported
is
required
by
40
CFR
Part
61
Subpart
E.

A
source
must
make
the
following
reports:

Notification
Reports
Notification
and
application
of
construction
or
modification
§
61.06
and
§
61.07
Notification
of
anticipated
date
of
initial
startup
§
61.09(
a)(
1)

Notification
of
actual
startup
§
61.09(
a)(
2)

Notification
of
physical
or
operational
change
which
may
increase
the
emission
rate
§
61.15
Notification
of
performance
tests
§
61.13(
f)
and
§
61.14(
c)

Perform
annual
stack
emission
test
§
61.53(
a)(
1),(
a)(
3),
(
b)(
1),(
b)(
3),(
c)(
1),
(
c)(
2),(
d)(
1),(
d)(
2),
(
d)(
4),
§
61.12,
§
61.55(
b)(
1),(
b)(
2)

Performance
of
sludge
test
and
determine
mercury
emissions
§
61.54(
a),(
c),(
d),(
e)

Notification
of
stack
emission
test
§
61.53(
a)(
2),(
b)(
2)
(
c)(
3),(
d)(
3)

Certify
monitoring
device
§
61.55(
b)(
5)
Notification
Reports
7
Notification
of
any
parameter
excursion
that
persists
for
24
consecutive
hours
or
longer
(
Administrator
must
be
notified
within
10
days)
§
61.55(
b)(
6)(
i)
and
(
ii)

Reports
Report
of
stack
tests,
emission
test
results
and
sludge
sampling
data
§
61.53(
a)(
3),
(
a)(
4),(
b)(
3)
(
b)(
4),(
d)(
4),
(
d)(
5)
and
§
61.54(
e),(
f)

Optional
submission
of
a
plant­
specific
monitoring,
record
keeping,
and
recording
plan
§
61.55(
c)

Semi­
annual
reports
of
parameter
excursions
§
61.55(
b)(
7),
(
b)(
8)

A
source
must
keep
the
following
records:

Recordkeeping
Maintain
records
of
emission
test
results
and
sludge
sampling
data
for
a
minimum
of
two
years.
§
61.53(
a)(
5),
(
b)(
5),(
d)(
6)
and
§
61.54(
g)

Maintain
records
of
monitoring
data,
monitoring
system
calibration
checks,
and
the
occurrence
and
duration
of
periods
where
the
monitoring
system
is
malfunctioning
or
inoperative.
Records
shall
be
retained
for
at
least
two
years.
§
61.14(
f)

Maintain
records
for
two
years
§
61.55(
d)(
2)

Monitor
and
record
appropriate
process
or
control
device
parameters
once
each
hour
§
61.55(
b)(
4)

Maintain
daily
records
of
all
leaks
or
spills
of
mercury
§
61.55(
d)(
1)

Records
are
required
to
be
retained
for
2
Years.
8
ii.
Respondent
Activities
Respondent
Activities
Read
instructions.

Install,
calibrate,
maintain,
and
operate
control
device
Perform
initial
performance
test,
using
Method
101
Appendix
B
for
mercury
ore
processing
facilities,
Method
102
for
mercury
chlor­
alkali
plants
with
hydrogen
streams,
Method
101
Appendix
B
for
mercury
chlor­
alkali
plants
with
cell
room
ventilation
systems
and
Method
101A
in
appendix
B
for
sludge
incineration
and
drying
plants,
or
the
alternative
test
Method
105
of
appendix
B,
and
repeat
performance
tests
if
necessary.

Write
the
notifications
and
reports
listed
above.

Enter
information
required
to
be
recorded
above.

Submit
the
required
reports
developing,
acquiring,
installing,
and
utilizing
technology
and
systems
for
the
purpose
of
collecting,
validating,
and
verifying
information.

Develop,
acquire,
install,
and
utilize
technology
and
systems
for
the
purpose
of
processing
and
maintaining
information.

Develop,
acquire,
install,
and
utilize
technology
and
systems
for
the
purpose
of
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.

Transmit,
or
otherwise
disclose
the
information.

5.
The
Information
Collected
­­
Agency
Activities,
Collection
Methodology,
and
Information
Management
5(
a)
Agency
Activities
EPA
conducts
the
following
activities
in
connection
with
the
acquisition,
analysis,
storage,

and
distribution
of
the
information
required
under
40
CFR
Part
61
Subpart
E:
9
Agency
Activities
Observe
initial
performance
tests
and
repeat
performance
tests
if
necessary.

Review
notifications
and
reports,
including
performance
test
reports,
and
excess
emissions
reports,
required
to
be
submitted
by
industry.

Audit
facility
records.

Input,
analyze,
and
maintain
data
in
the
Aerometric
Information
Retrieval
System
(
AIRS)
database.

5(
b)
Collection
Methodology
and
Management
Performance
test
reports
are
used
by
the
Agency
to
discern
a
source's
initial
capability
to
comply
with
the
emission
standard,
and
note
the
operating
conditions
under
which
compliance
was
achieved.
Data
and
records
maintained
by
the
respondents
are
tabulated
and
published
for
use
in
compliance
and
enforcement
programs.
The
semiannual
reports
are
used
for
problem
identification,
as
a
check
on
source
operation
and
maintenance,
and
for
compliance
determinations.

Information
contained
in
the
reports
is
entered
into
AIRS
which
is
operated
and
maintained
by
EPA's
Office
of
Air
Quality
Planning
and
Standards.
AIRS
is
EPA's
database
for
the
collection,
maintenance,
and
retrieval
of
compliance
and
annual
emission
inventory
data
for
over
100,000
industrial
and
government­
owned
facilities.
EPA
uses
AIRS
for
tracking
air
pollution
compliance
and
enforcement
by
Local
and
State
regulatory
agencies,
and
EPA
Regional
Offices
and
Headquarters.
EPA
and
its
delegated
Authorities
can
edit,
store,
retrieve
and
analyze
the
data.

The
records
required
by
this
regulation
must
be
retained
by
the
owner
or
operator
for
two
years.
10
5(
c)
Small
Entity
Flexibility
The
record
keeping
and
reporting
requirements
were
selected
within
the
context
of
this
specific
subpart
and
the
specific
process
equipment
and
pollutant.
The
impact
on
small
businesses
was
accounted
for
in
the
regulation
development.
The
requirements
reflect
the
burden
on
small
businesses.
Even
though,
the
recordkeeping
and
reporting
requirements
are
the
same
for
small
and
larger
businesses.
To
the
extent
that
larger
businesses
can
use
economies
of
scale
to
reduce
their
burden,
the
overall
burden
will
be
reduced.
The
Agency
considers
these
requirements
the
minimum
needed
to
ensure
compliance
and,
therefore,
cannot
reduce
them
further
for
small
businesses.

5(
d)
Collection
Schedule
The
specific
frequency
for
each
information
collection
activity
within
this
request
is
shown
on
Table
2.

6.
Estimating
the
Burden
and
Cost
of
the
Collection
Table
2
documents
the
computation
of
individual
burdens
for
each
of
the
recordkeeping
and
reporting
requirements
applicable
to
the
industry.
The
individual
burdens
are
expressed
under
standardized
headings
believed
to
be
consistent
with
the
concept
of
burden
under
the
Paperwork
Reduction
Act.
Where
appropriate,
specific
tasks
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.

6(
a)
Estimating
Respondent
Burden
The
average
annual
burden
to
industry
over
the
next
three
years
from
these
recordkeeping
11
and
reporting
requirements
is
estimated
at
26,504
person­
hours.
These
hours
are
based
on
Agency
studies
and
background
documents
from
the
development
of
the
standards
or
test
methods,
Agency
knowledge
and
experience
with
the
NESHAP
program,
the
previously
approved
ICR,
and
any
comments
received.

6(
b)
Estimating
Respondent
Costs
(
i)
Estimating
Labor
Costs
This
ICR
uses
labor
rates
of
$
54.94
.
These
rates
are
from
the
United
States
Department
of
Commerce
Bureau
of
Labor
Statistics,
March
1999,
Table
10:
Employment
Costs
for
Private
Industry
by
Occupational
and
Industry
Group.
The
rates
are
from
column
1:
Total
compensation.

The
wage
rates
have
been
loaded
by
adding
110%
overhead.

(
ii)
Estimating
Capital
and
Operations
and
Maintenance
Costs
The
only
type
of
industry
costs
associated
with
the
information
collection
activity
in
the
standards
are
labor
costs.
There
are
no
capital
or
operations
and
maintenance
costs.

(
iii)
Capital/
Start­
up
vs.
Operating
and
Maintenance
(
O&
M)
Costs
This
section
is
not
applicable
because
there
is
no
continuous
emissions
monitoring
associated
with
this
NESHAP.

6(
c)
Estimating
Agency
Burden
and
Cost
The
only
Federal
costs
are
user
costs
associated
with
analysis
of
the
reported
information.

Publication
and
distribution
of
the
information
are
part
of
the
AIRS
program.
Examination
of
records
to
be
maintained
by
the
respondents
will
occur
as
part
of
the
periodic
inspection
of
sources,
which
is
part
of
EPA's
overall
compliance
and
enforcement
program.

The
average
annual
Federal
Government
cost
during
the
3
years
of
the
ICR
is
estimated
to
12
be
$
31,776.00.
This
cost
is
based
on
an
average
wage
of
a
(
GS
10
step
1
employee
rate,

$
16.52
hr
+
110%
overhead
=
$
34.69;
there
is
no
travel
associated
with
compliance
activities.

Details
upon
which
this
estimate
is
based
appear
in
Table
1:
Agency
Burden.

6(
d)
Estimating
the
Respondent
Universe
and
Total
Burden
and
Costs
The
number
of
existing
sources
subject
to
40
C.
F.
R.
Part
61
Subpart
E
is
142.
There
are
no
new
sources
expected
to
be
subject
to
40
C.
F.
R.
Part
61
Subpart
E.
The
number
of
total
respondents
is
142.
This
is
the
number
of
existing
sources
plus
the
number
of
sources
anticipated
in
one
year.
The
total
annual
responses
is
24.
This
number
is
calculated
from
the
number
of
existing
mercury
chlor­
alkali
cell
facilities,
multiplied
by
the
semiannual
reports.
The
total
annual
labor
costs
are
$
1,456,161.52.
There
are
no
annual
capital
costs
and
O&
M
costs
to
the
regulated
entity
because
there
is
no
continuous
emissions
monitoring
associated
with
this
NESHAP.
Details
upon
which
this
estimate
is
based
appear
in
Table
2:
Industry
Burden.

6(
e)
Bottom
Line
Burden
Hours
And
Cost
Tables
Please
refer
to
Tables
1
and
2
attached.

6(
f)
Reasons
for
Change
in
Burden
Recent
studies
conducted
by
the
Agency,
as
well
as
information
provided
by
the
Chlorine
Institute,
have
provided
the
new
number
of
sources
subject
to
this
NESHAP.
Based
on
recent
studies,
EPA
does
not
expect
that
additional
sources
will
become
subject
to
these
requirements
in
the
next
three
years.

6(
g)
Burden
Statement
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
13
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.

Send
comments
on
the
Agency's
need
for
this
information,
the
accuracy
of
the
provided
burden
estimates,
and
any
suggested
methods
for
minimizing
respondent
burden,
including
through
the
use
of
automated
collection
techniques
to
the
Director,
Collection
Strategies
Division,
U.
S.
Environmental
Protection
Agency
(
2822),
401
M
St.,
S.
W.,
Washington,
D.
C.

20460;
and
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.
Include
the
EPA
ICR
number
0113.07
and
OMB
control
number
2060­
0097
in
any
correspondence.

Part
B
of
the
Supporting
Statement
This
part
is
not
applicable
because
no
statistical
methods
were
used
in
collecting
this
information.
