U.S. Environmental Protection Agency
Information Collection Request
Title: NESHAP for Inorganic Arsenic Emissions from Glass Manufacturing Plants (40 CFR Part 61, Subpart N) (Renewal)
OMB Control Number: 2060-0043
EPA ICR Number: 1081.14
Abstract: The National Emission Standards for Hazardous Air Pollutants (NESHAP) for the regulations published at 40 CFR Part 61, Subpart N were proposed on July 20, 1983; promulgated on August 4, 1986; and amended on: October 3, 1986; May 31, 1990; February 12, 1999; October 17, 2000; February 12, 1999; and February 27, 2014. These regulations apply to each existing and new glass melting furnace that uses commercial arsenic as a raw material located at a glass manufacturing plant. These standards do not apply to pot furnaces; in addition, the standards do not consider re-bricking as either construction or modification for the purposes of 40 CFR Section 61.05(a). New facilities include those that commenced either construction or reconstruction after the date of proposal. This information is being collected to assure compliance with 40 CFR Part 61, Subpart N.
In general, all NESHAP standards require initial notifications, performance tests, and periodic reports by the owners/operators of the affected facilities. They 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 affected facilities subject to NESHAP.
Any owner/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 required to be submitted electronically are submitted through the EPA's Central Data Exchange (CDX), using the Compliance and Emissions Data Reporting Interface (CEDRI), where the delegated state or local authority can review them. In the event that there is no such delegated authority, the EPA regional office can review them. All other 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 offices. The use of the term "Designated Administrator" throughout this document refers to the U.S. EPA or a delegated authority such as a state agency. The term "Administrator" alone refers to the U.S. EPA Administrator.
All the glass manufacturing facilities in the United States are owned and operated by the glass manufacturing industry (aka: the “Affected Public”). The burden to the “Affected Public” may be found in Table 1: Annual Respondent Burden and Cost – NESHAP for Inorganic Arsenic Emissions from Glass Manufacturing Plants (40 CFR Part 61, Subpart N) (Renewal). The burden to the “Federal Government” burden is attributed entirely to work performed by federal employees or government contractors and refer to Table 2: Average Annual EPA Burden and Cost – NESHAP for Inorganic Arsenic Emissions from Glass Manufacturing Plants (40 CFR Part 61, Subpart N) (Renewal). There are approximately 16 facilities, which are owned and operated by the glass manufacturing industry. None of the 16 facilities in the United States are owned by state, local, tribal or the Federal government. They are all owned and operated by privately-owned, for-profit businesses. We assume that they will all respond.
Based on our consultations with industry representatives, there are an average of one affected facilities at each plant site and each plant site has only one respondent (i.e., the owner/operator of the plant site).
Over the next three years, approximately 16 respondents per year will be subject to the standard, and no additional respondents per year will become subject to the standard.
The relevant regulatory text is referenced in section 4(b) of this document. We have created a supplementary document including the regulatory text that describes the ICR requirements as identified in section 4(b)(i) of this document as requested. This NESHAP does not require electronic reporting, and the Agency has not developed specific reporting forms for this subpart for use within CEDRI. The list of rules and required reports available in CEDRI are available at https://www.epa.gov/electronic-reporting-air-emissions/cedri. The notifications and reports required of respondents may be submitted to the authority by any appropriate method such as paper letter or electronic data file.
Supporting Statement A
Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate 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/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, and use such audit procedures, or methods; (D) sample such emissions (in accordance with such procedures or methods, at such locations, at such intervals, during such periods, and in such manner as the Administrator shall prescribe); (E) keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical; (F) submit compliance certifications in accordance with Section 114(a)(3); and (G) provide such other information as the Administrator may reasonably require.
In the Administrator's judgment, arsenic emissions from glass manufacturing plants either cause or contribute to air pollution that may reasonably be anticipated to endanger public health and/or welfare. Therefore, the NESHAP were promulgated for this source category at 40 CFR Part 61, Subpart N.
Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.
The recordkeeping and reporting requirements in the standards ensure compliance with the applicable regulations which were promulgated in accordance with the Clean Air Act. The collected information is also used for targeting inspections and as evidence in legal proceedings.
Performance tests are required in order to determine an affected facility’s initial capability to comply with the emission standards. Continuous emission monitors are used to ensure compliance with the standards at all times. During the performance test a record of the operating parameters under which compliance was achieved may be recorded and used to determine compliance in place of a continuous emission monitor.
The notifications required in the standards 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 check if the pollution control devices are properly installed and operated, leaks are being detected and repaired, and the standards are being met. The performance test may also be observed.
The required semiannual reports are used to determine periods of excess emissions, identify problems at the facility, verify operation/maintenance procedures and for compliance determinations.
Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden.
Following notification of startup, the reviewing authority could 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 problem identification, as a check on source operation and maintenance, and for compliance determinations.
Information contained in the reports is reported by state and local governments in the ICIS Air database, which is operated and maintained by EPA's Office of Compliance. EPA uses ICIS 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/operator for two years.
Electronic Reporting: Some of the respondents are using monitoring equipment that automatically records parameter data. Although personnel at the affected facility must still evaluate the data, internal automation has significantly reduced the burden associated with monitoring and recordkeeping at a plant site.
Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.
For reports required to be submitted electronically, the information is sent through the EPA's CDX, using CEDRI, where the appropriate EPA regional office can review it, as well as state and local agencies that have been delegated authority. If a state or local agency has adopted under its own authority its own standards for reporting or data collection, adherence to those non-Federal requirements does not constitute duplication.
For all other reports, 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 its own 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, duplication does not exist.
If the collection of information impacts small businesses or other small entities, describe any methods used to minimize burden.
The number of small entities affected by this rule could not be determined, based on review of the following sources: the promulgated rule notice in the Federal Register (51 FR 27956) on August 4, 1986; the Inorganic Arsenic Emissions from Glass Manufacturing Plants Background Information for Proposed Standards (1983); and a search of publicly available current data sources. Based on the Background Information document, about 70 percent of glass plants are considered to be small firms; however, arsenic usage by these small firms remains unknown.
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 to be the minimum requirements 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.
Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.
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 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 proper operation and maintenance of control equipment and the possibility of detecting violations would be less likely.
Explain any special circumstances that require the collection to be conducted in a manner inconsistent with OMB guidelines.
The proposed collection does not create special circumstances requiring justification under 5 CFR 1320.5.
If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the Agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the Agency in response to these comments. Specifically address comments received on cost and hour burden.
An announcement of a public comment period for the renewal of this ICR was published in the Federal Register (88 FR 31748) on May 18, 2023. No comments were received on the burden published in the Federal Register for this renewal.
8b. Consultations
Describe efforts to consult with persons outside the Agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported. Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years - even if the collection of information activity is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.
The Agency has consulted industry experts and internal data sources to project the number of affected facilities and industry growth over the next three years. The primary source of information as reported by industry, in compliance with the recordkeeping and reporting provisions in the standard, is the Integrated Compliance Information System (ICIS). ICIS is EPA’s database for the collection, maintenance, and retrieval of compliance data for industrial and government-owned facilities. The growth rate for the industry is based on our consultations with the Agency’s internal industry experts. Approximately 16 respondents will be subject to the standard over the three-year period covered by this ICR.
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 and the standard has been previously reviewed to determine the minimum information needed for compliance purposes. In developing this ICR, we contacted both the Glass Manufacturing Industry Council, at (614) 523-3033, and the National Glass Association, at (703) 442-4890. In this case, no comments were received.
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.
Explain any decisions to provide payments or gifts to respondents, other than remuneration of contractors or grantees.
The Agency does not intend to provide payments or gifts to respondents as part of this collection.
ASSURANCE OF CONFIDENTIALITY
Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or Agency policy. If the collection requires a systems of records notice (SORN) or privacy impact assessment (PIA), those should be cited and described here.
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).
Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the Agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.
The reporting or recordkeeping requirements in the standard do not include sensitive questions.
Provide estimates of the hour burden of the collection of information. The statement should:
Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Generally, estimates should not include burden hours for customary and usual business practices.
If this request for approval covers more than one form, provide separate hour burden estimates for each form and the aggregate the hour burdens.
Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead, this cost should be included as O&M costs under non-labor costs covered under question 13.
The respondents to the recordkeeping and reporting requirements are glass manufacturing plants. The United States Standard Industrial Classification (SIC) code for the respondents affected by the standards and the corresponding North American Industry Classification System (NAICS) code are listed below.
Standard (40 CFR Part 61, Subpart N) |
SIC Codes |
NAICS Codes |
Flat Glass Manufacturing |
3211 |
327211 |
Glass Container Manufacturing |
3221 |
327213 |
Other Pressed and Blown Glass and Glassware Manufacturing |
3229 |
327212 |
Mineral Wool Manufacturing |
3296 |
327993 |
Based on our research for this ICR, on average over the next three years, approximately 16 existing respondents will be subject to the standard. It is estimated that no additional respondents per year will become subject. The overall average number of respondents, as shown in the table below, is 16 per year.
The 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 |
0 |
16 |
0 |
0 |
16 |
2 |
0 |
16 |
0 |
0 |
16 |
3 |
0 |
16 |
0 |
0 |
16 |
Average |
0 |
16 |
0 |
0 |
16 |
1 New respondents include sources with constructed, reconstructed and modified affected facilities.
Column D is subtracted to avoid double-counting respondents. As shown above, the average Number of Respondents over the three-year period of this ICR is 16.
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 |
Application of construction or modification |
0 |
1 |
0 |
0 |
Notification of anticipated startup |
0 |
1 |
0 |
0 |
Notification of actual startup |
0 |
1 |
0 |
0 |
Notification of initial performance test |
0 |
1 |
0 |
0 |
Source status report |
0 |
1 |
0 |
0 |
Report of performance test results |
0 |
1 |
0 |
0 |
Report of arsenic emission estimates |
15 |
2 |
0 |
30 |
Report of uncontrolled arsenic emission rates |
15 |
2 |
0 |
30 |
Request for approval of control device bypass |
1 |
1 |
0 |
1 |
CMS evaluation results report |
0 |
1 |
0 |
0 |
Semiannual excess emissions report |
1 |
2 |
0 |
2 |
|
|
|
Total |
63 |
The number of Total Annual Responses is 63.
In this ICR, all the data that are recorded or reported is required by the NESHAP for Inorganic Arsenic Emissions from Glass Manufacturing Plants (40 CFR Part 61, Subpart N).
A source must make the following reports:
Notifications |
|
Notification and application of construction or modification |
§§61.06, 61.07 |
Notification of anticipated date of initial startup |
§61.09(a)(1) |
Notification of actual startup |
§61.09(a)(2) |
Notification of initial performance emissions test |
§§61.13(c), 61.165(d)(1) |
Reports |
|
Source status report |
§61.10(a) |
Report initial performance emissions test results |
§§61.13(f), 61.165(d)(2) |
Report of arsenic emission estimates |
§61.165(d)(3) |
Report of uncontrolled arsenic emission rates |
§61.165(d)(4) |
Request approval of control device bypass |
§61.165(e) |
Report of results of continuous monitoring system (CMS) evaluation |
§61.165(f)(1) |
Semiannual report of excess emissions (opacity) |
§61.165(f)(2) |
A source must keep the following records:
Recordkeeping |
|
Record continuous opacity and temperature of gas entering control device |
§61.165(a)(1) |
Records of emission test results and other data needed to determine emissions |
§§61.13(g), 61.165(a)(2) |
Records of CMS performance evaluations, including calibration checks and adjustments |
§61.165(a)(3) |
Occurrence and duration of each startup, shutdown, and malfunction of furnace |
§61.165(a)(4) |
Malfunction of air pollution control device |
§61.165(a)(5) |
Periods when monitors are inoperative |
§61.165(a)(6) |
Maintenance and repair of control device, CMS or monitor |
§61.165(a)(7) |
Records of approved control device bypass and steps taken to minimize arsenic emissions during the period the control device was bypassed |
§61.165(b) |
Semiannual records of uncontrolled arsenic emission rate |
§61.165(c) |
Records are required to be retained for two years |
§§61.14(f), 61.165(a) |
Familiarization with the regulatory requirements.
Install, calibrate, maintain, and operate CMS for opacity, and for temperature of the gas entering the control device.
Perform initial performance test, Reference Method 1, 2, 3, 5D, 29 and 108 tests, 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 collecting, validating, and verifying information.
Develop, acquire, install, and utilize technology and systems for processing and maintaining information.
Develop, acquire, install, and utilize technology and systems for disclosing and providing information.
Train personnel to be able to respond to a collection of information.
Transmit, or otherwise disclose the information.
The specific frequency for each information collection activity within this request is shown at the end of this document in Table 1: Annual Respondent Burden and Cost – NESHAP for Inorganic Arsenic Emissions from Glass Manufacturing Plants (40 CFR Part 61, Subpart N) (Renewal).
12d. Respondent Burden Hours and Labor Costs
The average annual burden to industry over the next three years from these recordkeeping and reporting requirements is estimated to be 3,100 (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 NESHAP program, the previously approved ICR, and any comments received.
This ICR uses the following labor rates:
Managerial $163.17 ($77.70 + 110%)
Technical $130.28 ($62.04 + 110%)
Clerical $65.71 ($31.29 + 110%)
These rates are from the United States Department of Labor, Bureau of Labor Statistics, September 2022, “Table 2. 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 varying industry wage rates and the additional overhead business costs of employing workers beyond their wages and benefits, including business expenses associated with hiring, training, and equipping their employees.
The total annual labor costs are $470,000. Details regarding these estimates may be found at the end of this document in Table 1: Annual Respondent Burden and Cost – NESHAP for Inorganic Arsenic Emissions from Glass Manufacturing Plants (40 CFR Part 61, Subpart N) (Renewal).
The total annual labor hours are 3,100. Details regarding these estimates may be found in Table 1: Annual Respondent Burden and Cost – NESHAP for Inorganic Arsenic Emissions from Glass Manufacturing Plants (40 CFR Part 61, Subpart N) (Renewal).
We assume that burdens for managerial tasks take 5% of the time required for technical tasks because the typical tasks for managers are to review and approve reports. Clerical burdens are assumed to take 10% of the time required for technical tasks because the typical duties of clerical staff are to proofread the reports, make copies and maintain records.
Furthermore, the annual public reporting and recordkeeping burden for this collection of information is estimated to average 49 hours per response.
Provide an estimate for the total annual cost burden to respondents or record keepers resulting from the collection of information. (Do not include the cost of any hour burden already reflected on the burden worksheet).
The cost estimate should be split into two components: (a) a total capital and start-up cost
component (annualized over its expected useful life) and (b) a total operation and maintenance and purchase of services component. The estimates should consider costs associated with generating, maintaining, and disclosing or providing the information. Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the period over which costs will be incurred. Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling, and testing equipment; and record storage facilities.
If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance. The cost of purchasing or contracting out information collections services should be a part of this cost burden estimate.
Generally, estimates should not include purchases of equipment or services, or portions thereof, made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not associated with the information collection, (3) for reasons other than to provide information or keep records for the government, or (4) as part of customary and usual business or private practices.
The type of industry costs associated with the information collection activities in the subject standard(s) 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 monitor(s) and other costs such as photocopying and postage.
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) |
Continuous Opacity Monitor |
N/A |
N/A |
$0 |
$4,254 |
16 |
$68,071 |
Temperature Monitor |
N/A |
N/A |
$0 |
$709 |
16 |
$11,345 |
Totals |
|
|
$0 |
|
|
$79,400 |
a Capital/startup costs and O&M costs have been updated from 2008 dollars to 2022 dollars using the CEPCI CE Index. [2008 CEPCI = 575.4; 2022 CEPCI = 816] |
||||||
b We have assumed that there are 16 existing sources, and that no additional new sources will become subject to the rule over the next three years. |
||||||
c Totals have been rounded to 3 significant digits. Figures may not add exactly due to rounding. |
||||||
The total capital/startup costs 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 $79,400. 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 $79,400. These are recordkeeping costs.
The total annual labor costs are $470,000. Details regarding these estimates may be found at the end of this document in Table 1: Annual Respondent Burden and Cost – NESHAP for Inorganic Arsenic Emissions from Glass Manufacturing Plants (40 CFR Part 61, Subpart N) (Renewal).
The total annual capital/startup and O&M costs to the regulated entity are 79,400. The cost calculations are detailed in Section 6(b)(iii), Capital/Startup vs. Operation and Maintenance (O&M) Costs.
Provide estimates of annualized costs to the Federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information.
14a. Agency Activities
EPA conducts the following activities in connection with the acquisition, analysis, storage, and distribution of the required information.
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 Enforcement and Compliance History Online (ECHO) and ICIS.
Following notification of startup, the reviewing authority could 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 problem identification, as a check on source operation and maintenance, and for compliance determinations.
14b. Agency Labor 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 $12,100.
This cost is based on the average hourly labor rate as follows:
Managerial $73.46 (GS-13, Step 5, $45.91 + 60%)
Technical $54.51 (GS-12, Step 1, $34.07 + 60%)
Clerical $29.50 (GS-6, Step 3, $18.44 + 60%)
These rates are from the Office of Personnel Management (OPM), 2023 General Schedule, which excludes locality rates of pay. The rates have been increased by 60 percent to account for the benefit packages available to government employees. Details upon which this estimate is based appear at the end of this document in Table 2: Average Annual EPA Burden and Cost – NESHAP for Inorganic Arsenic Emissions from Glass Manufacturing Plants (40 CFR Part 61, Subpart N) (Renewal).
The average annual Agency burden and cost over next three years is estimated to be 228 labor hours at a cost of $12,100. See Table 2: Average Annual EPA Burden and Cost – NESHAP for Inorganic Arsenic Emissions from Glass Manufacturing Plants (40 CFR Part 61, Subpart N) (Renewal).
We assume that burdens for managerial tasks take 5% of the time required for technical tasks because the typical tasks for managers are to review and approve reports. Clerical burdens are assumed to take 10% of the time required for technical tasks because the typical duties of clerical staff are to proofread the reports, make copies and maintain records.
14c. Agency Non-Labor Costs
There are no anticipated non-labor costs for the Agency.
REASONS FOR CHANGE IN BURDEN
Explain the reasons for any program changes or adjustments reported in the burden or capital/O&M cost estimates.
There is no change in burden from the most recently approved ICR as currently identified in the OMB Inventory of Approved Burdens. 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. Second, the growth rate for this industry is very low or non-existent, so there is no significant change in the overall burden. There is a slight increase in costs, which is wholly due to the use of updated labor rates. This ICR uses labor rates from the most recent Bureau of Labor Statistics report to calculate respondent burden costs. There is an increase in the capital/O&M costs. The operation and maintenance (O&M) costs have been updated from 2008 dollars to 2022 dollars using the CEPCI CE Index.
For collections of information whose results will be published, outline plans for tabulation and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.
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.
DISPLAY OF EXPIRATION DATE
If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.
Although this rule does not require electronic reporting, respondents could choose to submit notifications or reports electronically. All non-CBI data submitted electronically to the Agency through CEDRI are available to the public for review and printing and are accessible using WebFIRE. Electronically submitted emissions data from performance testing or performance evaluations using the Electronic Reporting Tool or templates attached to CEDRI, as well as data from reports from regulations with electronic templates, are tabulated; data submitted as portable document format (PDF) files attached to CEDRI are neither tabulated nor subject to complex analytical techniques. Electronically submitted emissions data used to develop emissions factors undergo complex analytical techniques and the draft emissions factors are available on the Clearinghouse for Inventories and Emission Factors listserv at https://www.epa.gov/chief/chief-listserv for public review and printing. Electronically submitted emissions data, as well as other data, obtained from one-time or sporadic information collection requests often undergo complex analytical techniques; results of those activities are included in individual rulemaking dockets and are available at https://www.regulations.gov/ for public review and printing.
Explain each exception to the topics of the certification statement identified in “Certification for Paperwork Reduction Act Submissions.”
This information collection complies with all provisions of the Certification for Paperwork Reduction Act Submissions.
BURDEN STATEMENT
The annual public reporting and recordkeeping burden for this collection of information is estimated to average 49 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-OAR-2020-0630. 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-OAR-2020-0630 and OMB Control Number 2060-0043 in any correspondence.
ATTACHMENTS/ APPENDIX
Table 1: Annual Respondent Burden and Cost – NESHAP for Inorganic Arsenic Emissions from Glass Manufacturing Plants (40 CFR Part 61, Subpart N) (Renewal)
|
Burden item |
(A) |
(B) |
(C) |
(D) |
(E) |
(F) |
(G) |
(H) |
|
||
|
Technical Person-hours per occurrence |
No. of occurrences per respondent per year |
Technical Person-hours per respondent per
year |
Respondents per year a |
Technical person-hours per year |
Management person-hours per
year |
Clerical person-hours per year |
Total Cost per year ($) b |
|
|||
|
1. Applications |
N/A |
|
|
|
|
|
|
|
|
||
|
2. Survey and Studies |
N/A |
|
|
|
|
|
|
|
|
||
|
3. Reporting requirements |
|
|
|
|
|
|
|
|
|
||
|
A. Familiarize with regulatory requirements c |
1 |
1 |
1 |
16 |
16 |
0.8 |
1.6 |
$2,320.15 |
|
||
|
B. Required Activities |
N/A |
|
|
|
|
|
|
|
|
||
|
Initial performance emission tests d |
80 |
1 |
80 |
0 |
0 |
0 |
0 |
$0.00 |
|
||
|
Repeat of performance emission tests d |
80 |
0.2 |
16 |
0 |
0 |
0 |
0 |
$0.00 |
|
||
|
C. Create information |
See 3B |
|
|
|
|
|
|
|
|
||
|
D. Gather existing information |
See 3B |
|
|
|
|
|
|
|
|
||
|
E. Write report |
|
|
|
|
|
|
|
|
|
||
|
Application of construction or modification |
2 |
1 |
2 |
0 |
0 |
0 |
0 |
$0.00 |
|
||
|
Notification of anticipated startup |
2 |
1 |
2 |
0 |
0 |
0 |
0 |
$0.00 |
|
||
|
Notification of actual startup |
2 |
1 |
2 |
0 |
0 |
0 |
0 |
$0.00 |
|
||
|
Source status report |
2 |
1 |
2 |
0 |
0 |
0 |
0 |
$0.00 |
|
||
|
Notification of initial performance emission test |
2 |
1 |
2 |
0 |
0 |
0 |
0 |
$0.00 |
|
||
|
Report of initial performance emission test |
See 3B |
|
|
|
|
|
|
|
|
||
|
Report results of continuous monitoring system (CMS) evaluation |
See 3B |
|
|
|
|
|
|
|
|
||
|
Report of arsenic emission estimates e |
16 |
2 |
32 |
15 |
480 |
24 |
48 |
$69,604.56 |
|
||
|
Report of uncontrolled arsenic emission rates f |
8 |
2 |
16 |
15 |
240 |
12 |
24 |
$34,802.28 |
|
||
|
Request approval of control device bypass g |
6 |
1 |
6 |
1 |
6 |
0.3 |
0.6 |
$870.06 |
|
||
|
Semiannual excess emissions (opacity) h |
16 |
2 |
32 |
1 |
32 |
1.6 |
3.2 |
$4,640.30 |
|
||
|
Subtotal for Reporting Requirements |
|
|
|
|
890 |
$112,237 |
|
||||
|
4. Recordkeeping Requirements |
|
|
|
|
|
|
|
|
|
||
|
A. Familiarize with regulatory requirements |
See 3A |
|
|
|
|
|
|
|
|
||
|
B. Plan activities |
See 3B |
|
|
|
|
|
|
|
|
||
|
C. Implement activities |
See 3B |
|
|
|
|
|
|
|
|
||
|
D. Develop record system |
N/A |
|
|
|
|
|
|
|
|
||
|
E. Time to enter information i |
40 |
1 |
40 |
16 |
640 |
32 |
64 |
$92,806.08 |
|
||
|
Record continuous opacity and temperature of gas entering control device |
See 4E |
|
|
|
|
|
|
|
|
||
|
Records of emission test results |
See 4E |
|
|
|
|
|
|
|
|
||
|
Records of CMS performance evaluations |
See 4E |
|
|
|
|
|
|
|
|
||
|
Occurrence and duration of startup, shutdown, and malfunction of furnace |
See 4E |
|
|
|
|
|
|
|
|
||
|
Records of malfunction of control device |
See 4E |
|
|
|
|
|
|
|
|
||
|
Periods when monitors are inoperative |
See 4E |
|
|
|
|
|
|
|
|
||
|
Maintain and repair of control device, CMS, or monitors |
See 4E |
|
|
|
|
|
|
|
|
||
|
Records of approved control device bypass |
See 4E |
|
|
|
|
|
|
|
|
||
|
Semiannual records of uncontrolled arsenic emission rate j |
40 |
2 |
80 |
16 |
1,280 |
64 |
128 |
$185,612.16 |
|
||
|
F. Time to train personnel |
N/A |
|
|
|
|
|
|
|
|
||
|
G. Time for audits |
N/A |
|
|
|
|
|
|
|
|
||
|
Subtotal for Recordkeeping Requirements |
|
|
|
|
2,208 |
$278,418 |
|
||||
|
TOTAL LABOR BURDEN AND COST (rounded) k |
|
|
|
|
3,100 |
$391,000 |
|
||||
|
TOTAL CAPITAL AND O&M COST (rounded) k |
|
|
|
|
|
|
|
$79,400 |
|
||
|
GRAND TOTAL (rounded) k |
|
|
|
|
|
|
|
$470,000 |
|
||
Assumptions: |
|
|
|
|
|
|
||||||
a We have assumed that there are 16 existing sources, and that no additional new sources will become subject to the rule over the next three years. |
||||||||||||
b This ICR uses the following labor rates: $163.17 ($77.70 + 110%) per hour for Executive, Administrative, and Managerial labor; $130.28 ($62.04 + 110%) per hour for Technical labor, and $65.71 ($31.29 + 110%) per hour for Clerical labor. These rates are from the United States Department of Labor, Bureau of Labor Statistics, September 2022, “Table 2. 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 varying industry wage rates and the additional overhead business costs of employing workers beyond their wages and benefits, including business expenses associated with hiring, training, and equipping their employees. |
||||||||||||
c We have assumed that all respondents will have to familiarize with the regulatory requirements each year. |
|
|
||||||||||
d We have assumed that it will take eighty hours to complete performance tests and 20% of sources will have to repeat performance tests. |
||||||||||||
e We have assumed that fifteen respondents will write a report of arsenic emission estimates on a semiannual basis. |
|
|
||||||||||
f We have assumed that fifteen respondents will write a report of uncontrolled arsenic emission rates on a semiannual basis. |
|
|
||||||||||
g We have assumed that one respondent will write a report requesting approval of control device bypass once a year. |
|
|
||||||||||
h We have assumed that one respondent will write an excess emissions report semiannually. |
|
|
|
|
|
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i It will take each respondent forty hours to enter information. |
|
|
|
|
|
|
||||||
j It will take each respondent forty hours twice a year to record uncontrolled arsenic emission rate. |
|
|
|
|
|
|||||||
k Totals have been rounded to 3 significant values. Figures may not add exactly due to rounding. |
|
|
|
|
|
|||||||
Table 2: Average Annual EPA Burden and Cost – NESHAP for Inorganic Arsenic Emissions from Glass Manufacturing Plants (40 CFR Part 61, Subpart N) (Renewal)
Burden Item |
(A) |
(B) |
(C) |
(D) |
(E) |
(F) |
(G) |
(H) |
|
Technical Person-hours per occurrence |
No. of occurrences per year |
Technical Person-hours per Plant per
year |
Respondents per year a |
Technical person-hours per year |
Management person-hours per
year |
Clerical person-hours per year
|
Total Cost per year b |
||
Activities |
|
|
|
|
|
|
|
|
|
New facility |
|
|
|
|
|
|
|
|
|
Initial performance test c |
24 |
1 |
24 |
0 |
0 |
0 |
0 |
$0.00 |
|
Repeat performance test d |
24 |
0.2 |
4.8 |
0 |
0 |
0 |
0 |
$0.00 |
|
Review reports |
|
|
|
|
|
|
|
|
|
New facility |
|
|
|
|
|
|
|
|
|
Construction or modification application |
0.5 |
1 |
0.5 |
0 |
0 |
0 |
0 |
$0.00 |
|
Notification of anticipated startup |
0.5 |
1 |
0.5 |
0 |
0 |
0 |
0 |
$0.00 |
|
Notification of actual startup |
0.5 |
1 |
0.5 |
0 |
0 |
0 |
0 |
$0.00 |
|
Source status report |
0.5 |
1 |
0.5 |
0 |
0 |
0 |
0 |
$0.00 |
|
Notification of initial performance emissions test |
0.5 |
1 |
0.5 |
0 |
0 |
0 |
0 |
$0.00 |
|
Report of initial performance emissions test results |
8 |
1 |
8 |
0 |
0 |
0 |
0 |
$0.00 |
|
Notification of physical or operational change |
0.5 |
1 |
0.5 |
0 |
0 |
0 |
0 |
$0.00 |
|
Notification of emissions test |
0.5 |
1 |
0.5 |
0 |
0 |
0 |
0 |
$0.00 |
|
Report results of CMS evaluation |
8 |
1 |
8 |
0 |
0 |
0 |
0 |
$0.00 |
|
Existing facility |
|
|
|
|
|
|
|
|
|
Report of arsenic emission estimates rates e |
4 |
1 |
4 |
15 |
60 |
3 |
6 |
$3,667.98 |
|
Reports of uncontrolled arsenic emission rates f |
8 |
1 |
8 |
15 |
120 |
6 |
12 |
$7,335.96 |
|
Semiannual excess emissions g |
6 |
2 |
12 |
1 |
12 |
0.6 |
1.2 |
$733.60 |
|
Request approval of control device bypass h |
6 |
1 |
6 |
1 |
6 |
0.3 |
0.6 |
$366.80 |
|
TOTAL LABOR BURDEN AND COST (rounded) i |
|
|
|
|
228 |
$12,100 |
|||
Assumptions: |
|
||||||||
a We have assumed that there are 16 existing sources, and that no additional new sources will become subject to the rule over the next three years. |
|
||||||||
b The cost is based on the following labor rate which incorporates a 1.6 benefits multiplication factor to account for government overhead expenses. Managerial rates of $73.456 (GS-13, Step 5, $45.91 + 60%), Technical rate of $54.512 (GS-12, Step 1, $34.07 + 60%), and Clerical rate of $29.504 (GS-6, Step 3, $18.44 + 60%). These rates are from the Office of Personnel Management (OPM), 2023 General Schedule, which excludes locality, rates of pay. The rates have been increased by 60 percent to account for the benefit packages available to government employees. |
|
||||||||
c We have assumed that it will take twenty four hours to perform initial performance test. |
|
||||||||
d We have assumed that 20% of sources will take twenty four hours to repeat performance test. |
|
||||||||
e We have assumed that reports submitted by the fifteen respondents will be reviewed once a year. These reports are submitted semiannually. |
|
||||||||
f We have assumed that it will take eight hours to review reports of uncontrolled arsenic emission rates once a year. These reports are submitted semiannually. |
|
||||||||
g It is required that excess emissions reports are reviewed on a semiannual basis. |
|
||||||||
h We have assumed that the report requesting approval of control device bypass will be reviewed once a year. |
|
||||||||
i Totals have been rounded to 3 significant values. Figures may not add exactly due to rounding. |
|
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| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| File Title | 18Q Supporting Statement Instructions_draft |
| Author | McGrath, Daniel |
| File Modified | 0000-00-00 |
| File Created | 2025-03-01 |