	 tc \l2 "SF SUPPORTING STATEMENT

	ENVIRONMENTAL PROTECTION AGENCY

	

NSPS for Metallic Mineral Processing Plants (40 CFR part 60, subpart LL)
(Renewal)

1.  Identification of the Information Collection

1(a)  Title of the Information Collection

NSPS for Metallic Mineral Processing Plants (40 CFR part 60, subpart LL)
(Renewal),

EPA ICR Number 0982.09, OMB Control Number 2060-0016

1(b)  Short Characterization/Abstract

The New Source Performance Standards (NSPS) for the regulations
published at 40 CFR part 60, subpart LL, Metallic Mineral Processing
Plants, were proposed on August 24, 1982 and promulgated on February 21,
1984.  These regulations apply to the following facilities at metallic
mineral processing plants: each crusher and screen in open-pit mines;
each crusher, screen, bucket elevator, conveyor belt transfer point,
thermal dryer, product packaging station, storage bin, enclosed storage
area, truck loading and unloading station at the mill or concentrator,
commencing construction, modification or reconstruction after the date
of proposal.  The NSPS does not apply to facilities located in
underground mines, or to facilities performing the beneficiation of
uranium ore at uranium ore processing plants, commencing construction,
modification or reconstruction after the date of proposal.  This
information is being collected to assure compliance with 40 CFR part 60,
subpart LL.

In general, all NSPS standards require initial notifications,
performance tests, and periodic reports.  Owners or operators are also
required to maintain records of the occurrence and duration of any
startup, shutdown, or malfunction in the operation of an affected
facility, or any period during which the monitoring system is
inoperative.  These notifications, reports, and records are essential in
determining compliance, and are required of all sources subject to NSPS.
 

Any owner or operator subject to the provisions of this part shall
maintain a file of these measurements, and retain the file for at least
two years following the date of such measurements, maintenance reports,
and records.  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 United States Environmental Agency
(EPA) Regional Office.

Approximately 20 sources are currently subject to the regulation, and
it is estimated that no additional sources per year will become subject
to the regulation in the next three years.  However, we estimate that
one (1) existing source per year will reconstruct or make a physical or
operational change such that they will be required to submit initial
notifications and conduct an initial performance test to demonstrate
compliance with this standard.  The total industry burden hours
associated with this subpart is estimated to be 2,306.  The industry
cost associated with this subpart is estimated to be $186,140. 

OMB approved the currently active ICR without any “Terms of
Clearance.”

The burden to the “Affected Public” may be found in Table 1: Annual
Burden of Reporting and Recordkeeping Requirements (Renewal).  The
burden to the “Federal Government” is attributed entirely to work
performed by federal employees or government contractors, and may be
found in Table 2: Average Annual EPA Resource Requirement (Renewal).

2.  Need for and Use of the Collection

2(a)  Need/Authority for the Collection

The Clean Air Act (Act) provides authority to the Agency to establish
standards to control air pollution and to ensure compliance with
promulgated regulations through adequate recordkeeping and reporting by
the affected industries (i.e., respondents).  The regulations include
the New Source Performance Standards (NSPS) under section 111 of the
Act, the National Emission Standards for Hazardous Air Pollutants
(NESHAP) which includes the original NESHAP standards and the more
recent Maximum Achievable Control Technology (MACT) or NESHAP-MACT
standards under section 112 of the Act, and emission guidelines for the
designated types incinerators under section 129 of the Act.

2(b)  Practical Utility/Users of the Data

The recordkeeping and reporting requirements in the standard(s) are used
by regulatory agencies, the public and the regulated community for a
variety of reasons including the determination of the respondent’s
compliance status, analytical studies to demonstrate compliance trends,
and evaluations regarding the efficacy of the promulgated regulations.

The required recordkeeping and reporting are also used to: 1) certify
compliance with the regulations; 2) determine the respondent’s
compliance with the designated emission limitation(s); 3) notify
regulatory agencies when a standard is violated; 4) evaluate continuous
compliance through the use of emission or operational parameter
monitors; and 5) ensure that plant personnel are following the required
procedures and are periodically trained, as indicated.

3.  Non-duplication, Consultations, and Other Collection Criteria

3(a)  Non-duplication

The standards do not require the duplication in the collection and
reporting of information.  If the subject standards have not been
delegated, the information is sent directly to the appropriate
Environmental Protection Agency (EPA) regional office.  Otherwise, the
information is sent directly to the delegated state or local agency.  If
a state or local agency has adopted its own similar standards to
implement the Federal standards, 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 standards.

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 (73 FR 31088) on May 30, 2008.  No
comments were received on the burden published in the Federal Register.

3(c)  Consultations

Upon review of the standard, information available and the data, the
Agency has determined the recordkeeping and reporting requirements in
the “Active” ICR is fully supported and necessary to fulfill the
requirements of the Clean Air Act (CAA).  Any pertinent comments
received since the last ICR renewal, including those submitted in
response to the first federal register notice announcing the renewal of
this ICR, have been reviewed, and it has been determined that no further
consultations with industry are necessary to calculate the burden for
this renewal.  It should be noted that the respondents, the industry
trade association(s) and other interested parties were provided an
opportunity to comment on the burden associated with the standard as it
was being developed.

It is our policy to respond after a thorough review of comments received
since the last ICR renewal as well as those submitted in response to the
first Federal Register notice.  In this case, no comments were received.

3(d)  Effects of Less Frequent Collection

The effect of less frequent collection would be a decrease in the margin
of assurance that facilities are achieving the emission reductions
mandated by the CAA through the promulgation of the applicable
regulations.  In addition, the likelihood of detecting the poor
operation and maintenance of control equipment decreases and the
detection of noncompliance becomes problematic.

3(e)  General Guidelines

Neither the reporting nor recordkeeping requirements violate the
regulations established by Office of Management and Budget (OMB) at 5
CFR part 1320, Section 1320.5.  However, most NESHAP standards and a few
NSPS standards require records to be kept more than three years.  In
general, these standards require the respondents to maintain all
records, including reports and notifications, for five years.  The
five-year record retention requirement is consistent with the permit
program at 40 CFR part 70, and the five-year statute of limitations on
which the permit program is based.  

The retention of records for five years allows EPA to establish the
compliance history of the respondent for purposes of determining the
appropriate level of enforcement action.  Historically, EPA notes that
the most flagrant violations have extended beyond a five-year period. 
If records are retained for less than five years, EPA would be deterred
from pursuing the most flagrant violations due to the destruction of
records documenting non-compliance.

3(f)  Confidentiality

 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

The recordkeeping and reporting requirements do not contain sensitive
questions.

4.  The Respondents and the Information Requested

4(a)  Respondents/SIC Codes

The Standard Industrial Classification (SIC) codes and corresponding
North American Industry Classification System (NAICS) for the
respondents are listed below. 

Regulation	

SIC Codes	

NAICS Codes



40 CFR part 60, subpart LL	

1001	

21221



	

1021	

212234



	

1031	

212231



	

1041	

212221



	

1044	

212222



	

1061	

212234, 212299



	

1099	

212299



This table is not meant to be exhaustive, but rather provides a guide
for readers regarding the entities likely to be regulated by this
standard.  To determine whether the standard applies to a particular
entity, review the applicability provisions in the standard.

4(b)  Information Requested

(i)  Data Items

All data in this ICR that is recorded and/or reported is required by 40
CFR part 60, subpart LL.

A source must make the following reports:



Reports for 40 CFR Part 60, Subpart LL



Construction/reconstruction	

60.7(a)(1)



Actual startup	

60.7(a)(3)



Initial performance test results	

60.8 (a)



Initial performance test	

60.8(d)



Demonstration of continuous monitoring system	

60.7(a)(5)



Physical or operational change	

60.7(a)(4)



A source must maintain the following records:

Recordkeeping for 40 CFR part 60, subpart LL



Startups, shutdowns, malfunctions, periods where the continuous
monitoring system is inoperative.	

60.7(b) 



Measurements of both the change in pressure of the gas stream across the
scrubber and the scrubbing liquid flow rate.	

60.385(b)



Records are required to be retained for two years.	

60.7(f)



Electronic Reporting

At the present, many respondents to CAA standards use monitoring
equipment that automatically records parameter data.  Although personnel
at the affected facility must evaluate the data, this internal
automation has significantly reduced the burden associated with
monitoring and recordkeeping at the plant site.

Also regulatory agencies, in cooperation with the respondents, continue
to create reporting systems to transmit data electronically.  However,
electronic reporting systems are still not widely used.  At this time,
it is estimated that approximately 10 percent of the respondents use
electronic reporting.

(ii)  Respondent Activities	

Respondent Activities



Read instructions.



Install, calibrate, maintain, and operate CMS for opacity, or for
pressure drop and liquid supply pressure for wet scrubber.



Perform initial performance test, Reference Method 9 test, 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 one or more of the following activities in connection with
the acquisition, analysis, storage, and distribution of the required
information.

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 AIRS (Aerometric Information
Retrieval System) Facility Subsystem (AFS) database.



5(b)  Collection Methodology and Management

The required data and reports can be evaluated on-site by conducting a
partial compliance evaluation, full compliance evaluation or inspection,
or through an off-site review of compliance monitoring records and
reports.  Evaluation reports and inspection results are maintained by
the Agency or delegated authority.

The results of these evaluations are entered into the Air Facility
Subsystem (AFS) which is operated and maintained by EPA's Office of
Compliance.  AFS is EPA’s database for the collection, maintenance,
and retrieval of compliance data for approximately 125,000 industrial
and government-owned facilities.  EPA uses the AFS for tracking air
pollution compliance and enforcement by local and state regulatory
agencies, EPA regional offices and EPA headquarters.  EPA and delegated
authorities can retrieve and analyze the data.

5(c)  Small Entity Flexibility

There are no small businesses affected by this regulation.

5(d)  Collection Schedule

The specific frequency for each information collection activity within
this request is shown in Table 1: Annual Burden of Reporting (for) NSPS
for Metallic Mineral Processing Plants (40 CFR Part 60, Subpart LL)
(Renewal), attached.

6.  Estimating the Burden and Cost of the Collection

Table 1 documents the computation of individual burdens for 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 respondent burden is shown in Table 1.  The labor hours in Table 1
are based on Agency studies and background documents from the
development of the regulation, Agency knowledge and experience with the
standard, the previously approved ICR, and any comments received.

6(b)  Estimating Respondent Costs

(i)  Estimating Labor Costs 

 

This ICR uses the following labor rates: 

Managerial	$97.46   ($45.91 + 110%)

Technical	$83.71   ($39.40 + 110%)

Clerical	$42.55   ($20.12 + 110%)

These rates are from the United States Department of Labor, Bureau of
Labor Statistics, March 2005, “Table 1. Civilian Workers, by
occupational and industry group”. The rates are from column 1,
“Total Compensation”.  The rates have been increased by 110 percent
to account for the benefit packages available to those employed by
private industry.

(ii)  Estimating Capital/Startup and Operation and Maintenance Costs

The type of industry costs associated with the information collection
activity in the regulations are the continuous monitoring devices
associated with the wet scrubber.  The capital/startup costs are
one-time costs when a facility becomes subject to the regulation.  The
annual operation and maintenance costs are the ongoing costs to maintain
the monitor and other costs such as photocopying and postage.

(iii)  Capital/Startup vs. Operation and Maintenance (O&M) Costs

Capital/Startup vs. Operation and Maintenance (O&M) Costs



(A)

Continuous Monitoring Device	

(B)

Capital/Startup Cost for One Respondent	

(C)

Number of New Respondents 	

(D)

Total Capital/Startup Costs, 

(B X C)	

(E)

Annual O&M Cost for One Respondent	

(F)

Number of Respondents with O&M	

(G)

Total O&M Costs,

(E X F)



Wet Scrubber	

n/a	

0	

0	

$6501	

20	

$13,000

 	1The annual O&M costs are estimated to be the same as the previous ICR
due to the assumption that inflation will be minimal over the next three
years.

The total capital/startup cost for this ICR are $0.  This is the total
of column D in the above table.  The total operation and maintenance
(O&M) costs for this ICR are $13,000.  This is the total of column G. 
The average annual costs for capital/startup and operation and
maintenance costs to industry over the next three years of the ICR is
estimated to be $13,000.

6(c)  Estimating Agency Burden and Costs

The only costs to the Agency are those associated with analysis of the
reported information.  EPA's overall compliance and enforcement program
includes activities such as the examination of records maintained by the
respondents and the publication and distribution of collected
information. 

The average annual Agency cost during the three years of the ICR is
shown in Table 2, attached.

This cost is based on the average hourly labor rate as follows:

Managerial	$56.02   (GS-13, Step 5, $35.01 x 1.6)

Technical	$41.57   (GS-12, Step 1, $25.98 x 1.6)

Clerical	$22.50   (GS-6, Step 3, $14.06 x 1.6)

These rates are from the Office of Personnel Management (OPM) “2005
General Schedule” which excludes locality rates of pay.

6(d)  Estimating the Respondent Universe and Total Burden and Costs

Number of respondents is calculated using the following table that
addresses the three years covered by this ICR.

Number of Respondents



	

Respondents That Submit Reports	

Respondents That Do Not Submit Any Reports	





Year	

(A)

Number of New Respondents 1	

(B)

Number of Existing Respondents	

(C)

Number of Existing Respondents That Keep Records but Do Not Submit
Reports	

(D)

Number of Existing Respondents That Are Also New Respondents	

(E)

Number of Respondents

(E=A+B+C-D)



1	

1	

20	

0	

1	

20



2	

1	

20	

0	

1	

20



3	

1	

20	

0	

1	

20



Average	

1	

20	

0	

1	

20 

1 New respondents include sources with constructed, reconstructed and
modified affected facilities.  We estimate that one (1) existing
facility per year will undergo a reconstruction or a
physical/operational change such that the source will be required to
submit notifications and conduct an initial performance test.

To avoid double-counting respondents, column D is subtracted.  As shown
above, the average Number of Respondents over the three-year period of
this ICR is 20.  The total number of annual responses per year is
calculated using the following table: 

Total Annual Responses



(A)

Information Collection Activity	

(B)

Number of Respondents	

(C)

Number of Responses	

(D)

Number of Existing Respondents That Keep Records But Do Not Submit
Reports	

(E)

Total Annual Responses 

E=(BxC)+D



Notification of Reconstruction/Operational change	

1	

1	

0	

1



Notification of Startup	

1	

1	

0	

1



Notification of the Demonstration of the Continuous Monitoring System	

1	

1	

0	

1



Submission of Performance Test Results	

1	

1	

0	

1



Semiannual reports of scrubber pressure and liquid flow rate	

20	

2 	

0	

40



TOTAL	

	

	

	

44



The number of Total Annual Responses is 44.  The total annual labor cost
is $186,140.  Details regarding these estimates may be found in Table 1:
Annual Burden of Reporting and Recordkeeping Requirements New Source
Performance Standard (NSPS) Subpart LL – Metallic Mineral Processing
Plants (Renewal).

	The total annual capital/startup and O&M costs to the regulated
entities are $13,000.  The cost calculations are detailed in Section
6(b)(iii), Capital/Startup vs. Operation and Maintenance (O&M) Costs.

	

The average annual Agency burden and cost over next three years is
estimated to be 230 labor hours at a cost of $9,338.  See Table 2:
Average Annual EPA Resource Requirement New Source Performance Standard
(NSPS) Subpart LL – Metallic Mineral Processing Plants (Renewal).

6(e) Bottom Line Burden Hours Burden Hours and Cost Tables

The detailed bottom line burden hours and cost calculations for the
Agency and the respondents are shown in Tables 1 and 2, respectively,
and summarized below.  

(i) Respondent Tally

The Total Hours Requested is 2,306.  The total annual labor cost is
$186,140.  Details regarding these estimates may be found in Table 1:
Annual Burden of Reporting and Record-keeping Requirements New Source
Performance Standard (NSPS) Subpart LL – Metallic Mineral Processing
Plants (Renewal).  Furthermore, the annual public reporting and
record-keeping burden for this collection of information is estimated to
average 52 hours per response.

The total annual capital/startup and O&M costs to the regulated entities
are $13,000.  The cost calculations are detailed in Section 6(b)(iii),
Capital/Startup vs. Operation and Maintenance (O&M) Costs.

(ii) The Agency Tally

The average annual Agency burden hours and cost over next three years is
estimated to be 230 labor hours at a cost of $9,338.  See Table 2:
Average Annual EPA Resource Requirement New Source Performance Standard
(NSPS) Subpart LL – Metallic Mineral Processing Plants (Renewal).

6(f)  Reasons for Change in Burden

There is no change in the labor hours or cost to the respondents in this
ICR compared to the previous ICR.  This is due to two considerations. 
First, the regulations have not changed over the past three years and
are not anticipated to change over the next three years.  Secondly, the
growth rate for respondents is very low, negative, or non-existent. 
Therefore, the labor hours and cost figures in the previous ICR reflect
the current burden to the respondents and are reiterated in this ICR.

6(g)  Burden Statement

The annual public reporting and recordkeeping burden for this collection
of information is estimated to average 52 hours per response.  Burden
means the total time, effort, or financial resources expended by persons
to generate, maintain, retain, disclose, or provide information to or
for a Federal agency.  This includes the time needed to review
instructions; to 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; to adjust the existing ways to comply with any
previously applicable instructions and requirements; to train personnel
to be able to respond to a collection of information; to search data
sources; to complete and review the collection of information; and to
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 valid OMB
Control Number.  The OMB Control Numbers for EPA’s regulations are
listed at 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 Number EPA-HQ-OECA-2008-0370.  An electronic version of the
public docket is available at http://www.regulations.gov/ which may be
used 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.  When in the system, select “search,” then
key in the docket ID number identified in this document.  The documents
are also available for public viewing at the Enforcement and Compliance
Docket and Information Center in the EPA Docket Center (EPA/DC), EPA
West, Room 3334, 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
docket center is (202) 566-1927.  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 Number
EPA-HQ-OECA-2008-0370 and OMB Control Number 2060-0016 in any
correspondence.

	

Part B of the Supporting Statement

This part is not applicable because no statistical methods were used in
collecting this information.

 The estimated number of existing sources is based on data obtained from
the United States Geological Survey (USGS) Mineral Industry Surveys
(http://minerals.usgs.gov/minerals).

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