SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

NSPS for Nitric Acid Plants (40 CFR Part 60, Subpart G) (Renewal)

1.  Identification of the Information Collection

1(a)  Title of the Information Collection

NSPS for Nitric Acid Plants (40 CFR Part 60, Subpart G) (Renewal)

1(b)  Short Characterization/Abstract

The New Source Performance Standards (NSPS) for nitric acid plants were
proposed on August 17, 1971, and promulgated on June 14, 1974.  These
standards apply to nitric acid production units which commenced
construction, modification or reconstruction after the date of proposal.
 Nitrogen oxide (NOx) is the pollutant regulated under this subpart. 
The standards limit nitrogen oxides, expressed as NO2, in excess of 1.5
kilograms per metric ton of acid produced (3.0 lb. per ton), and limit
opacity to 10 percent.

Owners or operators of the affected facilities described must make the
following one-time-only reports: notification of the date of
construction or reconstruction; notification of the actual dates of
startup; notification of any physical or operational change to an
existing facility which may increase the regulated pollutant emission
rate; notification of demonstration of the continuous monitoring system
(CMS); notification of the date of the initial performance test; and the
results of the initial performance test.  Owners or operators are
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 required, in
general, of all sources subject to NSPS.

Monitoring requirements specific to nitric acid plants provide
information on nitrogen oxide emissions.  The owners or operators are
required to record the production rate of nitric acid produced, the
hours of operation of the source, and the levels of nitrogen oxides
emitted into the atmosphere.  Owners or operators of affected facilities
are required to install, calibrate, maintain, and operate a continuous
monitoring system for the measurement and recording of nitrogen oxides. 
Recordkeeping requirements for nitric acid plants consist of the
occurrence and duration of any startup and malfunctions as described. 
They include the initial performance test results including information
necessary to determine the conditions of the performance test, and
performance test measurements and results, including the emission rate
and concentration of NOx and the volumetric flow rate of the effluent
gas.  Records of startups, shutdowns, and malfunctions should be noted
as they occur.  Any owner or operator subject to the provisions of this
subpart will maintain a file of all measurements, including continuous
monitoring system, monitoring device and performance testing
measurements; all continuous monitoring system performance evaluations;
all continuous monitoring system or monitoring device calibration
checks; and all other information required by this part, recorded in a
permanent form suitable for inspection.

The reporting requirements for this industry currently include the
initial notifications listed, the initial performance test results, and
semiannual reports of instances of excess emissions and a monitoring
system performance report.  Periods of excess emissions will be reported
and are defined as any three-hour period during which the average
nitrogen oxides emissions (arithmetic average of three contiguous
one-hour periods) as measured by a continuous emission monitoring system
exceed the standard.  Semiannual excess emission reports and monitoring
system performance reports will include the date and time of the
exceedence or deviation, the nature and cause of the malfunction (if
known) and corrective measures taken, and identification of the time
period during which the CMS was inoperative (this does not include zero
and span checks or typical repairs/adjustments).

All reports are sent to the delegated state or local authority.  In the
event that there is no such delegated authority, the reports are sent
directly to the EPA regional office.  Notifications are used to inform
the Agency or delegated authority when a source becomes subject to the
standard.  The reviewing authority may then inspect the source to verify
if the standard is being met.  Performance test reports are needed as
these are the Agency's records of a source's initial capability to
comply with the emission standard, and to note the operating conditions
under which compliance was achieved.  The semiannual reports are used
for problem identification, as a check on source operation and
maintenance, and for compliance determinations.

Owners or operators subject to the provisions of this part will 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.

Approximately 24 sources are currently subject to the standard, and it
is estimated that an additional one source per year will become subject
to the standard over the next three years due to the modification or
reconstruction of an existing affected facility.

The Office of Management and Budget (OMB) approved the current
Information Collection Request (ICR) without any (Terms of Clearance.(

 

	The burden to the “Affected Public” may be found in Table 1: Annual
Respondent Burden and Cost – NSPS for Nitric Acid Plants (40 CFR Part
60, Subpart G).  The burden to the “Federal Government” is
attributed entirely to work performed by Federal employees or government
contractors; this burden may be found in Table 2: Average Annual EPA
Burden – NSPS for Nitric Acid Plants (40 CFR Part 60, Subpart G). 

2.  Need for and Use of the Collection

2(a)  Need/Authority for the Collection

The EPA is charged under section 111 of the Clean Air Act (CAA), as
amended, to establish standards of performance for new stationary
sources that reflect:

. . . application of the best technological system of continuous
emissions reduction which (taking into consideration the cost of
achieving such emissions reduction, or any non-air quality health and
environmental impact and energy requirements) the Administrator
determines has been adequately demonstrated.  Section 111(a)(l).

The Agency refers to this charge as selecting the best demonstrated
technology (BDT).  Section 111 also requires that the Administrator
review and, if appropriate, revise such standards every four years.

2(b)  Practical Utility/Users of the Data

The control of emissions of NOx from nitric acid plants requires not
only the installation of properly designed equipment, but also the
operation and maintenance of that equipment.  Emissions of nitrogen
oxide from nitric acid plants are the result of operation of the
affected facilities.  The subject standards are achieved by the
reduction of pollutant emissions using control technology and leak
detection and repair procedures.  The notifications required in the
applicable regulations are used to inform the Agency or delegated
authority when a source becomes subject to the requirements of the
regulations.  The reviewing authority may then inspect the source to
ensure that the pollution control devices are properly installed and
operated, that leaks are being detected and repaired, and that the
regulations are being met.

Performance test reports are needed as these are the Agency records of a
source's initial capability to comply with the emission standards, and
serve as a record of the operating conditions under which compliance was
achieved.  The semiannual reports are used for problem identification,
as a check on source operation and maintenance, and for compliance
determinations.  The information generated by the (monitoring,
recordkeeping and reporting) requirement described in this ICR is used
by the Agency to ensure that facilities affected by the NSPS continue to
operate the control equipment in compliance with the regulation. 
Adequate monitoring, recordkeeping, and reporting are necessary to
ensure compliance with the applicable regulations, as required by the
Clean Air Act.  The information collected from recordkeeping and
reporting requirements is also used for targeting inspections, and is of
sufficient quality to be used as evidence in court.

3.  Nonduplication, Consultations, and Other Collection Criteria

The requested recordkeeping and reporting are required under (40 CFR
part 60, subpart G).

3(a)  Nonduplication

If the subject standards have not been delegated, the information is
sent directly 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 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.  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 (74 FR 38004) on July 30, 2009. 
No comments were received on the burden published in the Federal
Register.

3(c)  Consultations

While renewing the previous ICR, the preparer of the active ICR and the
most recent data available on the Air Facility System (AFS) database
were referenced.  In addition, information available from the Office of
Compliance Sector Notebook (Profile of the Agricultural Chemical,
Pesticide, and Fertilizer Industry, the United States Census Bureau via
the internet, and other websites covering nitric acid were reviewed. 
The EPA Office of Air Quality Planning and Standards, Information
Transfer and Program Integration Division was consulted.  The following
contacts were also made: The Fertilizer Institute (TFI), Mr. Bill Herz,
(202) 515-2706; Agrium, Mr. Robert Williams, (559) 627-5553; Costal
Chemical, Ms. Barbara Cabot, (307) 637-2700; and BP Chemicals,
Incorporated, Mr. Kevin Sprague, (419) 226-1200.

3(d)  Effects of Less Frequent Collection

Less frequent information collection would decrease the margin of
assurance that facilities are continuing to meet the standards. 
Requirements for information gathering and recordkeeping are a useful
technique 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 these reporting or recordkeeping requirements violate any of the
regulations established by OMB at 5 CFR part 1320, section 1320.5.

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 (CBI) (see 40 CFR part 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 contain sensitive
questions.

4.  The Respondents and the Information Requested

4(a)  Respondents/SIC and NAIC Codes

The respondents to the recordkeeping and reporting requirements are
nitric acid plants.  The United States Standard Industrial
Classification (SIC) code for the respondents affected by the standard
is 2873, which corresponds to the North American Industry Classification
System (NAICS) 325311 code for nitric acid.

4(b)  Information Requested

None of these reporting or recordkeeping requirements violate any of the
regulations established by OMB at 5 CFR part 1320, section 1320.5.

(i)  Data Items

All data in this ICR that are recorded and/or reported are required by
New Source Performance Standards (NSPS) for Nitric Acid Plants (40 CFR
part 60, subpart G).

A source must make the following reports:

Notifications	Standard Citation by Section

Notification of construction or modification application	60.6(a)

Initial notifications	60.7(a)(3)

Notification of actual startup	60.7(a)(3)

Initial performance test	60.8(d)

Initial performance test results	60.8(a)

Rescheduled initial performance test	60.8(d)

Demonstration of continuous monitoring system	60.7(a)(5)

Compliance status	60.7 (a)(7)

Physical or operational change	60.7(a)(4)

Opacity or visible emissions	60.7(a)(6)

Periodic startup, shutdown, malfunction reports	60.7(b)

Source status report	60.7(c)



Reports	Standard Citation by Section

Semiannual	60.7(c)



A source must make the following records:

Recordkeeping for 40 CFR part 60, subpart G

Startup, shutdowns, malfunctions, periods where the continuous
monitoring system is inoperative	60.7(b)

Emission test results and other data needed to determine emissions
60.7(c)

All reports and notifications	60.19

Record of applicability	60.70

Records of sources with continuous monitoring systems (CMS)	60.7(c)

Maintain records for two years	60.7(f)



Electronic Reporting

Currently, sources are using monitoring equipment that provides
parameter data in an automated way, e.g., leaks and spills of mercury. 
Although personnel at the source still need to evaluate the data, this
type of monitoring equipment has significantly reduced the burden
associated with monitoring and recordkeeping.  In addition, some
regulatory agencies are setting up electronic reporting systems to allow
sources to report electronically which is reducing the reporting burden.
 However, electronic reporting systems are still not widely used by the
regulatory agencies.  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.

Perform initial performance test, Reference Method 7, 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 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 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 Air Facility System (AFS).



5(b)  Collection Methodology and Management

Following notification of startup, the reviewing authority might inspect
the source to determine whether the pollution control devices are
properly installed and operated.

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 problems identification, as a check on source operation and
maintenance, and for compliance determinations.

Information contained in the reports is entered into the AFS which is
operated and maintained by the EPA Office of Compliance.  AFS is the EPA
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 the AFS for tracking air
pollution compliance and enforcement by local and state regulatory
agencies, EPA regional offices and EPA 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.

5(c)  Small Entity Flexibility

A majority of the affected facilities are large entities (e.g., large
businesses).  The number of small entities in the affected population
could not be determined based on a review of available sources including
those in the rulemaking dockets and EPA’s publications Review of New
Source Performance Standards for Nitric Acid Plants (EPA-450/3-84-011)
and A Review of Standards of Performance for New Stationary Sources –
Nitric Acid Plants (EPA-450/3-79-013).  However, the possible impact on
small entities (i.e., small businesses) was taken into consideration
during the development of the regulation.  Due to technical
considerations involving the process operations and the types of control
equipment employed, the recordkeeping and reporting requirements are the
same for both small and large entities.  The Agency considers these
requirements the minimum needed to ensure compliance and, therefore,
cannot reduce them further for small entities.  To the extent that
larger businesses can use economies of scale to reduce their burden, the
overall burden will be reduced.

5(d)  Collection Schedule

The specific frequency for each information collection activity within
this request is shown in Table 1: Average Annual Industry Burden and
Costs for NSPS for Nitric Acids (40 CFR part 60, subpart G).

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 for
the subpart included in this ICR.  The individual burdens are expressed
under standardized headings believed to be consistent with the concept
of burden under the Paperwork Reduction Act.  Wherever 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 and reporting requirements is estimated to be 1,291
(Total Labor Hours from Table 1).  These hours are based on Agency
studies and background documents from the development of the regulation,
Agency knowledge and experience with the NSPS program, the previously
approved ICR, and any comments received.

6(b)  Estimating Respondent Costs

(i)  Estimating Labor Costs

 

This ICR uses the following labor rates:  $93.09 per hour for Executive,
Administrative, and Managerial labor; $64.13 per hour for Technical
labor, and $39.65 per hour for Clerical labor.  These rates are from the
United States Department of Labor, Bureau of Labor Statistics,
“September 2003, Table 10. Private Industry, by Occupational and
Industry group”.  The rates are from column 1, “Total
Compensation”.  The rates have been increase by 110 percent to account
for the benefit packages available to those employed by private
industry.

Managerial	$93.09   ($44.33 + 110%)

Technical	$64.13   ($30.54 + 110%)

Clerical	$39.65   ($18.88 + 110%)

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

The type of industry costs associated with the information collection
activities in the subject standard are both labor costs which are
addressed elsewhere in this ICR and the costs associated with continuous
monitoring.  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 monitors 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 Cost,

(B X C)	(E)

Annual O&M Costs for One Respondent	(F)

Number of Respondents  with O&M	(G)

Total O&M,

(E X F)

NOx	$68,000	1	$68,000	$100,000	24	$2,400,000

 	

The total capital/startup costs for this ICR are $68,000.  This is the
total of column D in the above table.  

The total operation and maintenance (O&M) costs for this ICR are
$2,400,000.  This is the total of column G.

The average annual cost for capital/startup and operation and
maintenance costs to industry over the next three years of the ICR is
estimated to be $2,468,000.

6(c)  Estimating Agency Burden and Cost

The only costs to the Agency are those costs 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, periodic inspection of sources of
emissions, and the publication and distribution of collected
information.

The average annual Agency cost during the three years of the ICR is
estimated to be $4,915 (rounded).  This cost is based on the average
hourly labor rate at a GS-12, Step 1, times a 1.6 benefits
multiplication factor to account for government overhead expenses for a
total of $39.49 per hour.

These rates are from the Office of Personnel Management (OPM) (2003
General Schedule( which excludes locality rates of pay.  Details upon
which this estimate is based appear in Table 2: Average Annual EPA
Burden and Costs - NSPS for Nitric Acid Plants (40 CFR part 60, subpart
G), below.

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

Based on our research for this ICR, approximately 24 existing sources
are currently subject to the standard.  It is estimated that an
additional one affected facility at an existing source per year will
become subject to the regulation over the next three years.

Number of respondents is calculated using the following table which
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	(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 (with
initial notification requirements)	(E)

Number of Respondents

(E=A+B+C-D)

1	1	23	0	1	23

2	1	24	0	1	24

3	1	25	0	1	25

Average	1	24	0	1	24



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 twenty-four.

The total number of annual responses per year is calculated using the
following table:

Total Annual Responses

(A)

Number of New Respondents	(B)

Number of Reports for New Respondents	(C)

Number of Existing Respondents	(D)

Number of Reports for Existing Respondents	(F)

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

Total Annual Responses 

E=(AxB)+(CxD)+F

1	3	24	2	0	51



The number of Total Annual Responses is 51.

The total annual labor costs are $81,639.  Details regarding these
estimates may be found in Table 1: Average Annual Industry Burden and
Costs, NSPS for Nitric Acid Plants (40 CFR part 60, subpart G), below.

The total annual capital/startup and O&M costs to the regulated entities
are $2,468,000.  These costs are detailed in Section 6(b)(iii),
Capital/Startup vs. Operation and Maintenance (O&M) Costs.

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

The bottom line burden hours and cost tables for both the Agency and the
respondents are attached.  The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 25
hours per response.

6(f)  Reasons for Change in Burden

There is no change in the labor 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 the industry is very low, negative or non-existent.  Therefore,
the cost figures in the previous ICR reflect the current burden to the
respondents and are reiterated in this ICR.  Due to rounding-up in Table
1, there is an increase of one hour in the total labor hours to the
respondents.  

6(g)  Burden Statement

The annual public reporting and recordkeeping burden for this collection
of information is estimated to average 25 hours per response.  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 valid OMB
Control Number.  The OMB Control Numbers for EPA 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-2009-0525.  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 Avenue, N.W., Washington, D.C.  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) 566-1752.  Also, you can send comments to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, 725 17th Street, N.W., Washington, D.C. 20503, Attention:
Desk Officer for EPA.  Please include the EPA Docket ID Number
EPA-HQ-OECA-2009-0525 and OMB Control Number 2060-0019 in any
correspondence. 

Part B of the Supporting Statement

	

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

Table 1:  Annual Respondent Burden and Cost – NSPS for Nitric Acid
Plants (40 CFR Part 60, Subpart G) 

Burden item	(A)

Respondent hours per occurrence	(B)

Number of occurrences per respondent per year	(C)

Hours per respondent per year

(C=AxB)	(D)

Number of respondents per year  	(E)

Technical hours per year

@$64.13

(CxD)	(F)

Management hours per year @$93.09

(Ex0.05)	(G)

Clerical hours per year @$39.65

(Ex0.1)

	(H)

Total cost per year a

1.  Applications	N/A







	2.  Survey and Studies	N/A







	3.  Reporting Requirements









     New Sources b









    A. Read instructions 	1	1	1	1	1	0.05	0.1	$72.74

    B. Required activities









       Initial performance test 	360	1	360	1	360	18	36	$26,189.82

       Demonstration of monitoring system	Included in 3B







	       Repeat performance test c 	360	1	360	0.2	72	3.6	7.2	$5,237.96

       Ref Method 7	4	1	4	1	4	0.2	0.4	$291.00

       Ref  Method 2	4	1	4	1	4	0.2	0.4	$291.00

    C. Create information	Included in 3B







	    D. Gather existing information	N/A







	    E. Write reports









    New Sources









       Notification of construction/                      
reconstruction	2	1	2	1	2	0.1	0.2	$145.50

       Notification of initial startup	2	1	2	1	2	0.1	0.2	$145.50

       Notification of initial performance test	2	1	2	1	2	0.1	0.2
$145.50

       Performance test report	Included in 3B







	    Existing Sources









       Notification of physical/operational           changes d	8	1	8
2.4	19.2	0.96	1.92	$1,396.80

       Semiannual reports of excess                      emissions e	8	1
8	24	192	9.6	19.2	$13,967.90

SUBTOTAL REPORTING



	757	$47,884

4.  Recordkeeping requirements









   A. Read instructions 	Included in 4B







	   B. Plan activities 	Included in 4B







	   C. Implement activities	Included in 4B







	   D. Develop record systems	N/A







	   E. Time to enter information









       Records of daily production rates and        hours of operation	8
1	8	24	192	9.6	19.2	$13,967.90

       Records of occurrence of startup,               shutdown, and
malfunctions	8	1	8	24	192	9.6	19.2	$13,967.90

      Records of performance test data	80	1	80	1	80	4	8	$5,819.96

   F.  Audits	N/A







	SUBTOTAL RECORDKEEPING



	534	$33,756

TOTAL LABOR BURDEN AND COST (rounded)	

	

	

	

	1,291	$81,639



Assumptions:

a  We assume that all tasks are to be performed by management, technical
and clerical personnel.  This ICR uses the following labor rates: $93.09
for Managerial labor, $64.13 for Technical labor and $39.65 for Clerical
labor.  These rates are from the United States Department of Labor
Bureau of Labor Statistics, “September 2003, Table 10. Private
Industry, by Occupational and Industry group.”  The rates have been
increased by 110 percent to account for the benefit packages available
to those employed by private industry.  We also included contractors at
$100.  The labor rate was also taken from the above occupational and
industry group under Blue-Collar occupation, that covers Machine
operators, and took the rates from column 1, “Total Compensation,”

b  We assume that there will be one new, modified or reconstructed
facility constructed for the next three years.

c  We assume that 20 percent of facilities would have to repeat
performance testing each year due to failure.

d  We assume that 10 percent of the facilities would be modified or
reconstructed over the next three years.

e  We assume that it will take eight hours to write semiannual reports.

Table 2:  Average Annual EPA Burden - NSPS for Nitric Acid Plants (40
CFR Part 60, Subpart G)

	Activity	

(A)

EPA 

Per

Occurrence	

(B)

Occurrences

plant/

 year	

(C)

EPA hr/

plant/yr

 (C=AxB)	

(D)

Plants/

 year

	

(E) e

EPA Hours

Per  Year

(E=CxD)	

(F) a

EPA Cost  Per Year (Ex$39.49)

Required activities







   New Plant b







      Initial performance  test c	24	1	24	1	24	$947.76

      Repeat performance tests d	24	0.2	4.8	0.2	0.96	$37.91

Report Review







   New Plant







      Notification of construction/reconstruction/modification	2	1	2	1	2
$78.98

      Notification of initial startup	0.5	1	0.5	1	0.5	$19.74

      Notification of actual startup	0.5	1	0.5	1	0.5	$19.74

      Notification of initial test	0.5	1	0.5	1	0.5	$19.74

   Existing Plants







      Semiannual reports	2	2	4	24	96	$3,791.04

Subtotals Labor Burden and cost



	124.46	$4,914.91

 TOTAL ANNUAL BURDEN AND COST (rounded)	

	

	124	$4,915



Assumptions:

a  The cost is based on the hourly rate at a GS-12, Step 1, times a 1.6
benefits multiplication factor to account for government overhead
expenses for a total of $39.49.  This rate is from the Office of
Personnel Management (OPM) “2003 General Schedule” which excludes
locality rates of pay.

b  We assume that there will be one new source (respondent) per year
over the three years period of this ICR.

c  We assume that it would take 24 hours to complete initial performance
test.

    d  We assume 20 percent of initial performance tests are repeated
due to failure.

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