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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
2060-0529
ICR Reference No:
202011-2060-001
Status:
Active
Previous ICR Reference No:
201903-2060-024
Agency/Subagency:
EPA/OAR
Agency Tracking No:
2032.11
Title:
NESHAP for Hydrochloric Acid Production (40 CFR Part 63, Subpart NNNNN) (Final Rule)
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
02/23/2022
Retrieve Notice of Action (NOA)
Date Received in OIRA:
12/09/2020
Terms of Clearance:
In accordance with 5 CFR 1320, the information collection is approved for three years. As terms of clearance, upon renewal of this collection, EPA is required to include the following in its supporting statement for this and other NESHAP ICRs: (1) a description of the regulatory text applicable to the ICR including submission specifications; (2) a clear description of the data elements being collected under the ICR; (3) screen shots of the electronic portal where the reporting requirements are submitted to EPA (with the control number and burden statement); (4) a detailed discussion of how information is submitted and the extent to which electronic reporting is available; (5) evidence of consultation with respondents (by actively reaching out to stakeholders as permitted by the PRA) to ensure the supporting statement's accuracy on availability of data, frequency of collection, clarity of instructions, accuracy of burden estimate, relevance of data elements, and similar PRA matters; and (6) discussion of how EPA addressed substantive concerns raised by respondents and other stakeholders during consultation and in response to comments received on FR notices. In addition, please convert the supporting statement to the standard 18 question SS-A format upon renewal.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
02/28/2025
03/31/2023
03/31/2023
Responses
51
0
38
Time Burden (Hours)
22,000
0
22,600
Cost Burden (Dollars)
162,000
0
162,000
Abstract:
The National Emission Standards for Hazardous Air Pollutants (NESHAP) for Hydrochloric Acid Production were proposed on September 18, 2001 (66 FR 48174), promulgated on April 17, 2003 (68 FR 19076), and amended on April 7, 2006 (71 FR 17738). Amendments to the NESHAP are being promulgated as a result of the residual risk and technology review (RTR) required under the Clean Air Act (CAA) (as discussed further below). The NESHAP apply to hydrochloric acid production facilities that emit greater than or equal to 10 tons per year (tpy) of any one hazardous air pollutant (HAP) or greater than or equal to 25 tpy of any combination of HAP. Affected sources include new and existing hydrochloric acid production facilities. The pollutants regulated are hydrochloric acid (HCl) and chlorine (Cl2). New facilities include those that commenced construction or reconstruction after the date of the original proposal (September 18, 2001). This information is being collected to assure compliance with 40 CFR Part 63, Subpart NNNNN. 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 failures to meet applicable standards, 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. A semiannual report is also required. As part of the residual risk and technology review (RTR) for the NESHAP, the EPA is finalizing amendments to remove the startup, shutdown, and malfunction (SSM) exemption; remove the SSM plan and associated periodic report requirements; add a work practice standard for maintenance vents used during startup and shutdown; require electronic submittal of the notification of compliance status, results of performance evaluations of continuous monitoring systems, compliance reports, and performance test results; and make miscellaneous technical and editorial changes. The remaining portions of the NESHAP remain unchanged.
Authorizing Statute(s):
US Code:
42 USC 7401 et seq
Name of Law: Clean Air Act
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
2060-AT74
Final or interim final rulemaking
85 FR 20855
04/15/2020
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
1
IC Title
Form No.
Form Name
NESHAP for Hydrochloric Acid Production (40 CFR Part 63, Subpart NNNNN) (Final Rule)
ICR Summary of Burden
Total Approved
Previously Approved
Change Due to New Statute
Change Due to Agency Discretion
Change Due to Adjustment in Estimate
Change Due to Potential Violation of the PRA
Annual Number of Responses
51
38
0
13
0
0
Annual Time Burden (Hours)
22,000
22,600
0
-600
0
0
Annual Cost Burden (Dollars)
162,000
162,000
0
0
0
0
Burden increases because of Program Change due to Agency Discretion:
No
Burden Increase Due to:
Burden decreases because of Program Change due to Agency Discretion:
Yes
Burden Reduction Due to:
Changing Regulations
Short Statement:
This ICR is prepared for amendments to the NESHAP for Hydrochloric Acid Production (40 CFR, Part 63, Subpart NNNNN). These amendments: (1) adjust references to the Part 63 General Provisions (40 CFR, Part 63, Subpart A) and revise provisions in the NESHAP (40 CFR Part 63, Subpart NNNNN) to remove the SSM exemption and SSM plan and periodic report requirements; (2) require electronic submittal of performance test results; and (3) make technical and editorial changes. The number of facilities subject to the standards changed based on consultation with industry representatives, review of EPAs ECHO database, and review of title V permits. Consolidation within the industry reduced the number of affected facilities to nineteen that are currently subject to the standards. In addition, the burden estimate for reading and understanding the rule requirements was adjusted to reflect the time it would take industry to review the amended rule, including becoming familiar with the new requirement to electronically submit performance test results. Burden estimates were reduced for submitting periodic SSM reports after consultation with industry representatives. The previous estimate of SSM frequency was roughly an order of magnitude higher than the actual frequency, according to industry. The burden estimate for performance test report submittal was not adjusted to account for the new requirement that results of performance tests will be reported electronically through CEDRI using the ERT. The burden estimate of four hours in the current ICR for paper format submittal of performance test results is an appropriate estimate for electronic submittal of performance test results.
Annual Cost to Federal Government:
$62,300
Does this IC contain surveys, censuses, or employ statistical methods?
No
Does this ICR request any personally identifiable information (see
OMB Circular No. A-130
for an explanation of this term)? Please consult with your agency's privacy program when making this determination.
No
Does this ICR include a form that requires a Privacy Act Statement (see
5 U.S.C. §552a(e)(3)
)? Please consult with your agency's privacy program when making this determination.
No
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
No
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
No
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
No
Agency Contact:
Nathan Topham 919 541-0483 topham.nathan@epamail.epa.gov
Common Form ICR:
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date:
12/09/2020