View Information Collection Request (ICR) Package

Abstract: Previously, the EPA issued New Source Performance Standards (NSPS) (40 CFR Part 60, Subpart CCCC) and Emission Guidelines (40 CFR Part 60, Subpart DDDD) for Commercial and Industrial Solid Waste Incineration (CISWI) Units as promulgated on December 1, 2000 (65 FR 75338) and March 21, 2011 (76 FR 15769), and subsequently amended on: February 7, 2013 (78 FR 9195); June 23, 2016 (81 FR 41001); April 16, 2019 (84 FR 15846); and Oct. 7, 2020 (85 FR 63406) . The Emission Guidelines apply to any air quality program in either a state or a United States protectorate with one or more existing CISWI units. The guidelines can be thought of as model regulations that States use in developing State plans to implement the Emission Guidelines. If a state does not develop, adopt, and submit an approvable state plan, the Environmental Protection Agency (EPA) develops a Federal plan to implement the Emission Guidelines. The EPA previously promulgated a Federal Plan for CISWI units subject to the December 1, 2000 final rule on October 3, 2003 (68 FR 57518) under 40 CFR Part 62, Subpart III. On January 11, 2017, the EPA proposed amendments to the Federal plan requirements at 40 CFR Part 62, Subpart III to implement the regulations at 40 CFR Part 60, Subpart DDDD adopted on February 7, 2013, and as amended on June 23, 2016, and April 16, 2019. The EPA is subsequently finalizing the revised Federal Plan under new subpart 40 CFR Part 62, Subpart IIIa. Following the effective date of the final rule, the requirements of 40 CFR Part 62, Subpart III will no longer be in effect and all existing units subject to the Federal Plan must meet the requirements of 40 CFR Part 62, Subpart IIIa. These regulations will apply to existing CISWI units (units that commenced construction on or before June 4, 2010, or commenced modification or reconstruction after June 4, 2010 but no later than August 7, 2013) that are not regulated by an EPA approved and currently effective State or Tribal plan, or that are located in any state whose approved State or Tribal plan is only approved in part. Since EPA is finalizing the updated Federal plan at 40 CFR Part 62, Subpart IIIa, following the effective date of the final rule, all respondents previously subject to Subpart DDDD are now subject to either a State plan implementing 40 CFR Part 60, Subpart DDDD or are subject to the Federal plan under 40 CFR Part 62, Subpart IIIa, or if they have modified since August 7, 2013, they are subject to the NSPS at 40 CFR Part 60, Subpart CCCC. This information is thus being collected to assure compliance with 40 CFR Part 60, Subpart DDDD and 40 CFR Part 62, Subpart IIIa. The Federal Plan implements the Emissions Guidelines at 40 CFR Part 60, Subpart DDDD. In general, all Emissions Guidelines 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 Emission Guidelines.

ICR Summary of Burden

	Total Request	Previously Approved	Change Due to Agency Discretion
Annual Number of Responses	169	151	18
Annual Time Burden (Hours)	8,660	9,890	-1,230
Annual Cost Burden (Dollars)	12,300,000	11,000,000	1,300,000

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: The decrease in burden from the most-recently approved ICR is due to an adjustment. The adjustment decrease in burden from the most-recently approved ICR is due to a decrease in the number of respondents and to reflect the implementation of the Federal Plan. This action finalizes the CISWI Federal plan to implement the Emission Guidelines adopted on February 7, 2013, for those states that do not have a fully approved state plan implementing the Emission Guidelines. While this action is believed to result in no changes to the information collection requirements of the 2013 CISWI rule, it does implement the CISWI standards to a subset of existing units that will be regulated by implementing this final action. This ICR reflects the average annual respondents and burden for the rule activities following implementation of 40 CFR Part 62, Subpart IIIa. The number of respondents has been adjusted in this ICR based on adjustments to the regulatory database developed in consultation with internal experts at OAQPS and based on an inventory of facilities subject to the provisions of 40 CFR Part 60, Subpart DDDD implemented under approved State plans versus CISWI subject to the Federal plan at 40 CFR Part 62, Subpart IIIa (i.e., CISWI that are not regulated by an EPA approved and currently effective State or Tribal plan, or that are located in any state whose approved State or Tribal plan is only approved in part). The adjusted number of respondents also reflects the addition of certain air curtain incineration units as newly identified by the Agency, and the removal of certain small remote incinerators to reflect prohibitions on implementation of CISWI standards to units in the State of Alaska. This ICR therefore reflects a decrease in the total number of respondents subject to the rule. There is a decrease in the operation and maintenance costs from the most-recently approved ICR. The decrease in operation and maintenance costs is due to the decreased in the number of respondents; this ICR also adjusts the number of respondents expected to conduct initial activities (e.g., reviewing the rule, conducting performance tests, implementing operator training plans, and submitting waste management plans) due to the implementation of the Federal Plan during the three-year period of this ICR. There is no change in the capital costs because the number of respondents expected to have installed controls and monitoring equipment is unchanged. Based on reviews of permits for units potentially subject to the Federal Plan, we have determined that sources have either ceased burning waste or have made control device retrofits in the period of time since the proposed rule was published. This ICR also adjusts the number of respondents for which the requirements of subpart DDDD are implemented under State plans and a Federal plan to include the burden on State and local agencies. As of April 18, 2024, EPA data indicates that 46 CISWI and 40 facilities are not regulated by an EPA approved and currently effective State or Tribal plan and would be subject to the Federal Plan. The remainder of these landfills are covered by a State or Tribal plans.

View ICR - Agency Submission