1 SUPPORTING STATEMENT STANDARDS OF PERFORMANCE FOR NEW AND EXISTING STATIONARY SOURCES: ELECTRIC UTILITY STEAM GENERATING UNITS: FINAL RULE EPA ICR No. 2137.02 PART A 1.0 Identification of the Information Collection ( a) Title and Number of the Information Collection.

" Standards of Performance for New and Existing Stationary Sources: Electric Utility Steam Generating Units( Final Rule)."

This is a revision of EPA ICR 2137.01 that was originally titled at proposal, " NESHAP for Coal and Oil Fired Electric Utility Steam Generating Units: Proposed Rule ( 40 CFR Part 63, subpart UUUUU)."

This revision incorporates the new burden estimates that have been made for the recordkeeping and reporting requirements in the final rule. As explained below, we received no comments from OMB or the public on the burden estimates in the initial version of the ICR that was docketed with the proposed rule.

( b) Short Characterization.

Respondents are owners or operators of existing and new coalfired electric utility steam generating units ( Utility Units)

capable of firing more than 73 megawatts ( MW) ( 250 million Btu/ hour) heat input including industrial cogeneration facilities that sell more than 25 MW of electrical output and more than one third of their potential output capacity to any utility power distribution system. The final rule amends 40 CFR parts 60, 63, 2 72, and 75 to establish standards of performance for mercury ( Hg)

for new and existing coal fired Utility Units, as defined in Clean Air Act ( CAA) section 111. For the purpose of implementing the final rule, a coal fired Utility Unit is an electric utility steam generating unit that burns coal, coal refuse, or a synthetic gas derived from coal either exclusively, in any combination together,

or in any combination with other supplemental fuels ( e. g.,

petroleum coke and tire derived fuels).

The final rule amends 40 CFR parts 72 and 75 to establish a mechanism by which Hg emissions from new and existing coal fired Utility Units are capped at specified, nation wide levels. Under this cap and trade program, the EPA assigns Hg emission allocations or " budgets" on a State by State basis. Each State and affected Tribal government participating in the cap and trade program has the flexibility to distribute however they choose their assigned total Hg emission budget to each of the coal fired units operating under their jurisdiction, so long as certain timing requirements are met. States and affected Tribal governments may choose to participate in the EPA administered cap and trade program. They can adopt the Hg cap and trade program either by incorporating by reference the model cap and trade rule promulgated by this rulemaking under 40 CFR 60 subpart HHHH or codifying the provisions of the rule, in order to participate in the EPA administered Hg cap and trade program. The program is designed to integrate with the existing sulfur dioxide ( SO2) and nitrogen oxides ( NOx) emission 3 cap and trade program under the Agency's Acid Rain program and final Clean Air Interstate Rule ( CAIR).

In addition, the final rules amend the new source performance standards ( NSPS) for Utility Units in 40 CFR 60 subpart Da by adding Hg emission limits for coal fired Utility Units ( oil fired and gas fired Utility Units are not subject to the Hg emission limits). Separate NSPS emission limits expressed in units of pounds of Hg per gross MW output are established by coal subcategories: bituminous coal, subbituminous coal, lignite, coal refuse, and synthetic gas derived from coal ( i. e., integrated gasification combined cycle ( IGCC) units). Compliance with the applicable emission limit is determined on a 12 month rolling average basis. These new units are included under the Hg emissions cap and trade program.

Only those coal fired units for which construction,

modification, or reconstruction is commenced after January 30,

2004, are subject to the Hg emission limits in subpart Da.

However, all affected coal fired Utility Units existing on, or constructed after, January 30, 2004, can participate in the Hg capand trade program.

Under the final rule, existing affected coal fired Utility Units with Hg emissions at or below 29 lb of Hg per year are designated as " low mass emitters" or LME. Owners and operators of LME units are required to perform periodic Hg emission testing.

Owners and operators of existing affected coal fired Utility Units 4 with Hg emissions greater than 29 lb of Hg per year and all new affected coal fired Utility Units are required to use a Hg continuous emission monitoring system ( CEMS) or a Hg sorbent trap method for semi continuous Hg sampling. The rulemaking finalizes Performance Specification 12A, " Specification and Test Methods for Total Vapor Phase Mercury Continuous Emission Monitoring Systems in Stationary Sources" in 40 CFR part 60, appendix B, and " Quality Assurance and Operating Procedures for Sorbent Trap Monitoring Systems" in appendix K to 40 CFR part 75.

Owners and operators of existing coal fired Utility Units maintain records and report their emissions following the requirements 40 CFR part 75. The final rule amends these existing requirements to include information used to demonstrate compliance with a coal fired Utility Unit's Hg emissions allocation. Source information management, emissions data reporting, and allowance trading is conducted through electronic data systems similar to those currently used for the Acid Rain SO2 and NOx SIP Call programs. Reporting and recordkeeping requirements for the Hg capand trade program are summarized in Exhibit 1.

In addition, owners and operators of those affected coal fired Utility Units subject to the NSPS under 40 CFR 60 subpart Da are required to prepare site specific compliance plans; submit notifications of compliance status and semiannual compliance reports; and maintain records of specific information to ensure that the rule requirements are being achieved. The final rule 5 amends these existing requirements to include specific information about the Hg monitoring and compliance determinations used by the owner or operator to demonstrate compliance with the applicable Hg emissions limit. Reporting and recordkeeping requirements for subpart Da are summarized in Exhibit 2.

2.0 Need for and Use of the Collection ( a) Need/ Authority for the Collection.

CAA section 111 establishes authority for the EPA to regulate categories of stationary sources which cause, or contribute significantly to, air pollution which may reasonably be anticipated to endanger public health or welfare. CAA section 111( b)

authorizes the EPA to establish NSPS that reflect the application of the best system of emission reduction which ( taking into consideration the cost of achieving such emission reduction, any non air quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated. To implement and enforce NSPS, certain types of information are needed by the EPA to: ( 1) confirm the compliance status of affected sources and identify new or reconstructed sources subject to the standards; and ( 2) ensure that the applicable standards are being achieved. These recordkeeping and reporting requirements are specifically authorized by CAA section 114 ( 42 U. S. C. 7414) and are codified in the NSPS General Provisions ( 40 CFR 60 subpart A) and in the applicable source 6 specific rule ( in this case 40 CFR subpart Da).

Existing sources are addressed under CAA section 111( d). The EPA can issue standards of performance for existing sources in a source category only if it has established standards of performance for new sources in that same category under CAA section 111( b), and only for designated pollutants, as that term is defined in the final rule. ( CAA section 111( d)( 1)). CAA section 111( d)

authorizes EPA to promulgate standards of performance that States must adopt through a SIP like process, which requires State rulemaking action followed by review and approval of State plans by EPA. If a State fails to submit a satisfactory plan, the EPA has the authority to prescribe a plan for the State. ( CAA section 111( d)( 2( A)). The EPA is interpreting the term " standard of performance," as applied to existing coal fired Utility Units, to include a Hg cap and trade program. The final standards, which include recordkeeping and reporting requirements, will be published at 40 CFR part 60, subpart HHHH.

( b) Use/ Users of the Data.

The information required by the final rule will be used by State and EPA enforcement personnel to ensure that the cap

andtrade program Hg emissions allocation and the NSPS emission limit,

as applicable to a given coal fired Utility Unit, are being achieved. Based on review of the recorded information at the site and the reported information, the EPA can identify units that may 7 not be in compliance and decide which facilities require additional compliance or enforcement action.

3.0 Nonduplication, Consultations, and Other Collection Criteria ( a) Nonduplication.

A computer search of the Federal Information Locator System indicated that there are no similar information requests being carried out by the Federal government, with the exception of the provisions of the NSPS for Utility Units and the Acid Rain cap

andtrade program related to SO2 and NOx emissions. These programs have similar reporting and recordkeeping requirements but do not involve the monitoring of Hg emissions; therefore, there is no duplication of effort. A similar search of the EPA's ongoing ICR's revealed no duplication of information gathering efforts. Certain reports required by State or local agencies may duplicate information required by the final rule. Sources, therefore, may submit to EPA a copy of the report submitted to their respective State or local agency provided the information in that report satisfies the requirements of the final rule.

( b) Public Notice Required Prior to ICR Submission to OMB.

This section is not applicable because this is a rule related ICR.

( c) Consultations.

The proposed rule was posted on the Agency's Internet website and entered into the docket ( OAR 2002 0056) for public review. 8 Following publication of the notice of proposed rulemaking ( NPR) in the Federal Register ( 69 FR 4652; January 30, 2004), a 60 day public comment period ensued. Concurrent public hearings were held in Research Triangle Park, NC, Philadelphia, PA, and Chicago, IL,

on February 25 and 26, 2004, at which time any member of the public could provide oral comment on the NPR. On March 16, 2004, a supplemental notice of proposed rulemaking ( SNPR) was published in the Federal Register ( 69 FR 12398). On March 17, 2004, EPA announced that the public comment period on the NPR and SNPR had been extended to April 30, 2004. A public hearing on the SNPR was held in Denver, CO, on March 31, 2004, during which time members of the public could provide oral comment on any aspect of the NPR or SNPR. On May 5, 2004, EPA announced ( 69 FR 25052) that the public comment period for the NPR and SNPR had been reopened and extended until June 29, 2004. On December 1, 2004, EPA published a notice of data availability ( NODA) with a public comment period until January 3, 2005 ( 69 FR 69864).

In addition to the above noted public comment process, EPA met with a number of stakeholder groups and has placed in the docket records of these meetings. Approximately 500,000 public comments were received during the comment period, indicating wide public interest and access.

At proposal, the draft information collection request was submitted to OMB for review and was also posted on the Agency's Internet website and entered into the docket ( OAR 2002 0056) for 9 public review. EPA received no comments specific to the information collection burden identified in the initial ICR in support of the proposed rule. As explained further below, this revision incorporates the new burden estimates that have been made for the recordkeeping and reporting requirements in the final rule.

We modified these burden estimates, in part, because of certain changes made to the monitoring requirements in the final rule in response to comments.

( d) Effects of Less Frequent Collection.

If the relevant information required by the final rule were collected less frequently, the EPA would not be reasonably assured that a Utility Unit is in compliance with its annual cap and trade program Hg emissions allocation and the 12 month rolling average NSPS emission limit, as applicable to a given coal fired Utility Unit.

( e) General Guidelines.

The final rule would require owners or operators of an affected source to retain records for 5 years, which exceeds the 3

year retention period contained in the guidelines in 5 CFR 1320.10.

40 CFR 60.7( f) requires that records be retained for at least 2 years. The 5 year retention period is consistent with the requirement in the operating permit program under Title V of the CAA. These records must be kept on file for use, if needed, by the regulating authority to ensure that the plant personnel are 10 operating and maintaining the unit and the control equipment properly. All subsequent general guidelines have been followed and do not violate any of the Paperwork Reduction Act guidelines contained in 5 CFR 1320.

( f) Confidentiality.

All information submitted to the EPA 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 39999, September 28, 1978; 43 FR 42251, September 28, 1978; 44 FR 17674, March 23, 1979).

( g) Sensitive Questions.

This section is not applicable because this ICR does not involve matters of a sensitive nature.

4. The Respondents and the Information Requested ( a) Respondents/ NAIC Codes.

Potential respondents under the final rule are owners or operators of coal fired Utility Units; oil fired and natural gasfired units are not affected. The NAIC codes for this industry are 221112 " Fossil Fuel Fired Steam Generating Units ( including those owned or operated by the Federal government or municipalities) and 921150 " American Indian and Alaska Native Tribal Governments."

( b) Information Requested.

( i) Data Items, Including Recordkeeping Requirements. 11 Exhibits 1 and 2, Source Data and Information Requirements,

summarize the recordkeeping and reporting requirements in the final rule.

( ii) Respondent Activities. The respondent activities required by the final rule are identified in Exhibit 3 and introduced in section 6( a).

5.0 The Information Collected   Agency Activities, Collection Methodology, and Information Management ( a) Agency Activities.

A list of Agency activities is provided in Exhibit 4 and introduced in section 6( c).

( b) Collection Methodology and Management.

This is not relevant to this information collection request.

( c) Small Entity Flexibility.

According to the Small Business Administration size standards for the NAICS categories, a small entity is a small business that,

including its affiliates, is primarily engaged in the generation,

transmission, and/ or distribution of electric energy for sale and whose total electric output for the preceding fiscal year did not exceed 4 million Megawatt hours ( MWh).

This rule would not directly establish requirements applicable to existing small entities. Instead, it would require States and affected Tribal governments to develop, adopt, and submit a plan that would achieve the necessary Hg emissions reductions, and would 12 leave to the States the task of determining how to obtain those reductions, including which coal fired Utility Units to regulate.

EPA's analysis of the final rule found that the rule would not have a significant impact on a substantial number of existing small entities. Analysis conducted for the final rule projects that in 2020, two years into the start of the second phase of the cap

andtrade program, the total compliance costs to small entities under the rule would be approximately $ 37 million. This is just under 1 percent of the total projected electricity generation revenues to small entities for 2020. A few of the 80 small entities identified in EPA analysis may experience significant costs in 2020. These entities do not bank allowances over the course of the program, and must purchase allowances in 2020 to cover their emissions. It is important to note that the marginal cost of Hg control in 2020 projected by EPA modeling is largely responsible for the presence of significant impacts. The EPA modeling assumes no improvements in the cost or effectiveness of Hg control technology over time.

In reality, by 2020, costs of Hg control are expected to have declined, such that the actual impacts of the cap and trade program on small entities will be less than projected. Additionally, given that most of the small entities identified operate in market environments in which they can pass on compliance costs to consumers, most of these entities should be able to recover their costs of compliance with the rule.

Two other points should be considered when evaluating the 13 impact of final rule, specifically, and cap and trade programs more generally, on existing small entities. First, under the final rule, the cap and trade program is designed such that States determine how Hg allowances are to be allocated across units. A State that wishes to mitigate the impact of the rule on small entities might choose to allocate Hg allowances in a manner that is favorable to small entities. Finally, the use of cap and trade in general will limit impacts on small entities relative to a less flexible command and control program.

The final rule would impose requirements on a new source, even if owned/ operated by a small entity. The final rule does not contain any provisions reserved exclusively for the benefit of small entities, including new sources that could be owned/ operated by small entities. However, the final rule does contain several provisions that reduce the impact on all regulated entities, which include small entities ( e. g., allowing any source to use the sorbent trap option, compliance flexibility for low emitters,

relaxed missing data procedures, revision of Hg diluent monitoring system requirements).

( d) Collection Schedule.

Information contained in the one time only reports will be entered into the National Compliance Data System operated and maintained by EPA's Office of Enforcement and Compliance Assurance.

Data obtained during periodic visits by Agency personnel from 14 records maintained by the respondents will be tabulated and published for internal EPA use in enforcement and compliance programs. A schedule for collection of information and publication of data is not applicable because reports are triggered by actions of the respondents.

6. Estimating the Burden and Cost of the Collection ( a) Estimating Respondent Burden.

The annual burden estimates for the additional recordkeeping and reporting requirements in the final rules are shown in Exhibit 3. These numbers were derived from estimates based on EPA's experience with the cap and trade program for electric utilities under the Title IV Acid Rain program, implementation of existing NSPS, and similar compliance related information collection activities.

( b) Estimating Respondent Costs.

The information collection activities for the final rule are presented in Exhibit 3.

( i) Estimating Labor Costs. Labor rates and associated costs are based on Bureau of Labor Statistics ( BLS) data. Technical,

management, and clerical average hourly total compensation rates for electric utility industry workers were selected using labor category mean hourly wages listed in the November 2003 National Industry Specific Occupational Employment and Wage Estimates for North American Industry Classification System( NAICS) industry 1 Cost Analysis of Mercury Monitoring Techniques. Draft report prepared by Arcadis for Dr. Ruben Deza, U. S. Environmental Protection Agency, Washington, DC., November 3, 2003.

15 category 221000  Utilities ( available at < http:// www. bls. gov/ oes/ current/ naics3_ 221000. htm>) and adjusted to 2004 costs using the change in the BLS Employment Cost Index for the private industry sector from the years 2003 to 2004 ( 3.8 percent). The labor rates used for the burden estimates are $ 48.95/ hour for managerial ( 2003 mean for management occupations category of $ 47.15/ hr times 1.038), $ 33.17/ hour for technical ( 2003 mean for architecture and engineering occupations category of $ 31.95/ hr times 1.038), and $ 18.96/ hour for clerical ( 2003 mean for office and administrative support occupations category of $ 18.26/ hr times 1.038). An overhead rate of 110 percent was used to account for overhead costs. The fully burden rates used to represent respondent labor costs are: clerical at $ 39.82, technical at $ 69.66, and management at $ 102.80.

( ii) Estimating Capital and Operations and Maintenance ( O& M)

Costs. Estimation of the capital and operations and maintenance ( O& M) costs are largely based on information collected by the EPA's Clean Air Markets Division, specifically the technical report,

" Cost Analysis of Mercury Monitoring Techniques" 1; a second cost analysis performed by MACTEC Inc.; and additional information obtained by the Agency in the development of the rule.

Based on available cost information, the EPA estimates that 16 the costs for Hg emissions testing required for an LME coal fired Utility Unit will average about $ 5,500 per test. An additional $ 1,500 in annual costs are estimated for technical calculations,

labor and other associated expenses. An LME unit with annual Hg emissions less than 9 lb/ yr are required under the rule to perform annual emission testing. The LME units with annual Hg emissions greater than 9 lb/ yr but less than 29 lb/ yr are required under the rule to perform semiannual emission testing.

For Hg CEMS, there are two major cost components to be considered, capital costs and operational costs. Based on a survey of 11 manufacturers, it is estimated that an average capital cost of a Hg CEM is $ 60,000. In addition, each source needs to purchase a HOVOCAL or MERcal unit to generate ionic mercury, which is necessary for CEMS calibration. The approximate cost of either instrument is $ 10,000. Based on these costs, the capital cost of a complete Hg CEMS is estimated to be about $ 70,000. The operational costs can also be broken into two components, i. e.,

routine maintenance and operation, and quality assurance/ control procedures. These costs are estimated at $ 87,000 per year and are the same basic cost estimates as were used in the initial ICR.

The Hg sorbent trap method system used for semi continuous monitoring of Hg emissions includes a carbon trap with a threesection cartridge: a primary capture cartridge, backup for breakthough, and a portion for spiking for QA/ QC. Two carbon traps would be run in parallel for one week runs. The cost for a trap 17 system is estimated be $ 8,500. Capital cost including the installation of the complete system is estimated to be about $ 20,000. The annual operational costs to use this monitoring method include routine operational costs, laboratory costs to analyze Hg in capture cartridges, and costs to perform QA/ QC procedures. The total for these operational costs is estimated to about $ 113,000 per year.

( iii) Capital/ Startup vs. O& M Costs. The estimate of capital/ startup costs versus O& M costs for implementing the Hg monitoring required by the rule is shown in the following table.

The basis for the nationwide numbers of coal fired Utility Units shown in the table using a given Hg emissions monitoring method is presented in section 6( c) of this supporting statement.

Capital/ Startup vs. O& M Costs Mercury ( Hg) Emissions Monitoring Method Nationwide Number of Units Using Method Per Unit Costs Nationwide Costs Capital/ Startup Cost Annual O& M Cost Capital Costs ($ 1000) Annual O& M Costs ($ 1000)

LME Annual HG Emission Testing 228 0 $ 7,000 $ 0 $ 1,596 LME Semiannual HG Emission Testing 207 0 $ 12,500 $ 0 $ 2,588 Hg CEMS 347 $ 70,000 $ 87,000 $ 24,290 $ 30,189 Hg Sorbent Trap 343 $ 20,000 $ 113,000 $ 6,860 $ 38,759 Total 1,125   $ 31,150 $ 73,132 ( iv) Annualizing Capital Costs. The estimate of 18 capital/ startup costs versus O& M costs for implementing the Hg monitoring required by the rule is shown in the following table.

Annualized costs are calculated assuming a 7 percent interest rate and a 3 year depreciation period.

Annualized Costs Mercury ( Hg) Emissions Monitoring Method Nationwide Number of Units Using Method Nationwide Annualized Costs Annualized Capital Cost ($ 1000) Annual O& M Costs ($ 1000) Total Annualized Cost ($ 1000)

LME Annual Hg emissions testing 228 0 $ 1,596 $ 1,596 LME Semiannual Hg emissions testing 207 0 $ 2,588 $ 2,588 Hg CEMS 347 $ 9,256 $ 30,189 $ 39,445 Hg Sorbent Trap 343 $ 2,614 $ 38,759 $ 41,373 Total 1,125 $ 11,870 $ 73,132 $ 85,002 ( c) Estimating Agency Burden and Cost.

Because the information collection requirements were developed as an incidental part of standards development, no costs can be attributed to the development of the information collection requirements. Because reporting and recordkeeping requirements on the part of the respondents are required under the applicable rule provisions in 40 CFR parts 60 and 75, no operational costs will be incurred by the Federal Government.

Publication and distribution of the information are part of the Compliance Data System, with the result that no Federal costs can 19 be directly attributed to the ICR. Examination of records to be maintained by the respondents will occur incidentally as part of the periodic inspection of sources that is part of the EPA's overall compliance and enforcement program, and, therefore, is not attributable to the ICR.

Costs that the Federal government will incur associated with the final rule are user costs associated the one time review and approval of the plans submitted by States and Tribal governments participating in the Hg cap and trade program and with the analysis of the additional Hg emissions information included in the notifications and reports that coal fired Utility Unit owners and operators are already required to submit under 40 CFR parts 60 and 75. The Agency tasks that will be performed include processing, reviewing, and evaluating Hg emissions data in the reports submitted by owners and operators, and conducting appropriate audit activities to verify the information provided.

Exhibit 4 presents an estimate of the Agency burden and costs associated with emissions reporting.

The Agency labor rates used for estimating the Agency costs are from the Office of Personnel Management ( OPM) 2004 General Schedule which excludes locality rates of pay. These rates were obtained from Salary Table 2004 GS available on the OPM website ( http:// http:// www. opm. gov/ oca/ 04tables/ html/ gs. asp). The government employee labor rates are $ 14.34/ hour for clerical ( GS 7, Step 1), $ 30.24 for technical ( GS 13, Step 1), and 20 $ 42.04/ hr for management ( GS 15, Step 1). An overhead rate of 60 percent was used to account for overhead costs. The fully burdened rates used to represent respondent labor costs are:

clerical at $ 22.94, technical at $ 48.38, and management at $ 67.26.

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

To estimate the number of respondents, the EPA used data available from the 1999 Mercury Information Collection Request ( ICR). This ICR provided mercury emission information on a total of 1,120 existing Utility Units. For the purpose of the nationwide burden estimates, each coal fired Utility Unit is counted as an industry respondent. In actuality, at many power plant sites, there are multiple coal fired Utility Units subject to the final rule. In these cases, some rule reporting and recordkeeping related activities can be performed by the facility owner or operator on a plant wide basis ( e. g., planning activities, developing record system, and training facility personnel) instead of on a per coal fired Utility Unit basis as is assumed for the burden estimates. Therefore, we believe that our burden estimates are conservative.

In addition, the EPA estimates that five new coal fired steam generating units will be built during the next 5 years and subject to the NSPS emission limits. 21 The EPA estimates, based on the ICR data, the nationwide distribution of coal fired Utility Units subject to the final rule as follows:

Nationwide Respondent Distribution By Coal fired Utility Unit Category Coal fired Utility Unit Category Nationwide Number of Units Existing coal fired Utility Units with Hg emissions levels < 9 lb/ yr 228*

Existing coal fired Utility Units with Hg emissions levels > 9 and < 29 lb/ y 207*

Existing coal fired Utility Units with Hg emissions levels > 29 lb/ yr 685 New coal fired Utility Units constructed after January 31, 2004 5 Total 1,125 * Designated LME units under the rule requirements.

For the purpose of estimating burden, it is assumed that all of the respondents will install and begin operation of monitoring systems in the first year following promulgation of the final rule. For those existing units required to conduct continuous Hg emissions monitoring, it is assumed that 50 percent will use Hg CEMS and 50 percent will use Hg sorbent traps.

( e) Bottom Line Burden Hours and Cost Tables.

( i) Respondent tally. The bottom line respondent burden hours and costs for the first 3 years following promulgation are presented in Exhibits 3a, 3b, and 3c. The bottom line respondent burden hours and labor costs are calculated by adding person 22 hours per year down each column in the tables for technical,

managerial, and clerical staff, and by adding down the cost column.

Respondent Bottom Line Burden Hours and Labor Costs Year Total Annual Burden Hours Total Annual Labor Costs 1st year 902,238 hours $ 61,805,909 2nd year 615,370 hours $ 42,154,650 3rd year 615,370 hours $ 42,154,650 Average 710,993 hours $ 48,705,070 The annualized cost of capital for Hg monitoring devices is $ 11,865,949 averaged over the first three years of this ICR.

Annualized costs are calculated assuming a 7 percent interest rate and a 3 year depreciation period. Operation and maintenance costs ( excluding any labor hours given in the labor burden estimate) are estimated at $ 73,131,500 per year. The total cost including the average cost of labor over the 3 year period,

capital, operation and maintenance, is $ 121,836,570 per year.

( ii) The Agency tally. The bottom line Agency burden hours and costs for the first 3 years following promulgation are presented in Exhibit 4. The bottom line Agency burden hours and costs are calculated by adding person hours per year down each column for technical, managerial, and clerical staff, and by adding down the cost column. In this case, total cost is the sum 23 of this total salary cost and total travel expenses for government personnel to observe compliance tests at a selected number of coal fired Utility Units each year.

Agency Bottom Line Burden Hours and Labor Costs Year Total Annual Burden Hours Total Annual Labor Costs 1st year 47,877 hours $ 2,249,860 2nd year 33,249 hours $ 1,562,451 3rd year 33,249 hours $ 1,562,451 Average 38,125 hours $ 1,791,587 The total annual hours over the 3 year period are 38,125.

The total annual cost over the 3 year period is $ 1,791,587.

( iii) Variations in the annual bottom line. This section does not apply since no significant variation is anticipated.

( f) Reasons for Change in Burden.

In the proposed rule, EPA proposed two primary alternative regulatory options. One of those regulatory options involved the proposed issuance of national emission standards for hazardous air pollutants ( NESHAP) under CAA section 112, and the other involved the issuance of standards of performance under CAA section 111. Under either regulatory option, however, the same universe of coal fired Utility Units would be affected because both options govern new and existing coal fired units. In addition, under both the CAA section 112 and CAA section 111 24 regulatory options, we required similar monitoring ( i. e., both regulatory options required the use of either CEMS or sorbent trap monitoring), reporting, and recordkeeping requirements, and we solicited comment on those proposed requirements.

The burden estimates in the initial ICR prepared for the proposed rule were based on the proposed CAA section 112 regulatory option, which again covered the same universe of coalfired Utility Units as the CAA section 111 regulatory approach and the same general monitoring, reporting, and recordkeeping requirements. The initial version of the ICR also included burden estimates for oil fired Utility Units because both the CAA section 112 regulatory option and the CAA section 111 option proposed requiring reductions of nickel from oil fired units. We did not receive any comments from the public or OMB concerning the burden estimates provided in the initial version of the ICR.

Based on a thorough review of the comments received in response to the proposal, EPA finalized the CAA section 111 regulatory approach. The final CAA section 111 rule sets standards of performance for Hg emitted from new and existing coal fired Utility Units and requires certain monitoring,

reporting, and recordkeeping as described generally in this document and more fully in the preamble to the final rule. In addition, the final rule only covers coal fired Utility Units,

not oil fired units. We made this change in the final rule in response to comments received concerning nickel emissions from 25 oil fired Utility Units.

We also received several comments in response to the proposed rule concerning the proposed monitoring and associated requirements for coal fired Utility Units. We made certain changes in the final rule in light of those comments. The changes made address commenters' concerns regarding, for example,

allowing any source to use the sorbent trap option, providing increased compliance flexibility for low emitters; modifying the procedures for missing data; and revising the Hg diluent monitoring system requirements. As noted below, however, not all changes made as a result of the public comments received resulted in a decreased burden estimate.

In addition to modifying the burden estimates in response to the changes made to the monitoring requirements in the final rule, we made certain other adjustments to our burden estimates.

Those adjustments resulted in a burden estimate for the final rule that is higher than the burden estimate in support of the proposed rule. The reasons for the difference in the burden estimates are as follows:

1. The burden estimate at proposal failed to account for new units, even though we proposed CAA section 112( d) emission standards for such units. This omission was an inadvertent error. As noted above, we estimate that five new coal fired steam generating units will be built during the next 5 years.

2. For the burden estimate at proposal, a " respondent" was 26 defined to be an individual power plant ( 461 coal fired plants).

For the final rule burden estimate, a " respondent" was defined to be an individual coal fired Utility Unit ( 1,125 units). Overall,

the assumption used for the final rule is more conservative than at proposal because many power plants have multiple affected coal fired Utility Units, and, therefore, the burden activities can be performed on a plant wide basis instead of on a per unit basis as is assumed for the burden calculations ( i. e., the burden associated with reading instructions, training personnel, and like activities is being shared by the units and, thus, is somewhat lower that if attributed to each unit). Thus, although we changed the definition of the term " respondent," the initial version of the ICR and this revision both address the same general universe of coal fired Utility Units. In addition, we believe that a Utility Unit based burden calculation better reflects the monitoring requirements for LME units.

3. For the final burden estimate, it was assumed than all States and affected Tribal governments would participate in the cap

andtrade program and that all existing coal fired Utility Units would implement the required Hg monitoring during the first year following promulgation. For the burden estimate for the proposed rule, it was assumed that Hg monitoring would be phased in over the 3 year compliance period allowed for NESHAP rules ( i. e.,

onethird of the power plants installing CEMS during the first year,

another one third installing CEMS during the second year, and the 27 final one third installing CEMS during the third year). Assuming compliance in the first year, therefore, resulted in increased burden estimates.

4. Allowing use of the sorbent trap method allocates more cost to the source but provides greater flexibility in monitoring options, which is what many commenters wanted. In the burden estimates for the final rule, it was assumed that 50 percent of affected Utility Units would choose to use the sorbent trap method.

( g) Burden Statement The average annual respondent burden during the first 3 year period following rule promulgation is estimated at 632 hours per respondent. This is based on an estimated total 710,993 hours per year ( as averaged over the rule first 3 year period following promulgation) for a projected 1,125 respondents.

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 28 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 currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15. 29 Exhibit 1. SOURCE DATA AND INFORMATION REQUIREMENTS UNDER 40 CFR PART 60 SUBPART HHHH EMISSION GUIDELINES AND COMPLIANCE TIMES FOR COAL FIRED ELECTRIC STEAM GENERATING UNITS REQUIREMENT REGULATION CITATION RECORD RETENTION Reports Notifications § 75.61 5 years Certification applications § 75.63 5 years Quarterly reports § 75.64 5 years QA/ QC plan Part 75 Appendix B Section 1 5 years Recordkeeping General recordkeeping requirements § 75.57 5 years Recordkeeping for special situations § 75.58 5 years Quality assurance recordkeeping § 75.59 5 years QA/ QC recordkeeping Part 75 Appendix B Section 1 5 years 30 Exhibit 2. SOURCE DATA AND INFORMATION REQUIREMENTS UNDER 40 CFR PART 60 SUBPART Da NEW SOURCE PERFORMANCE STANDARDS FOR COAL FIRED ELECTRIC UTILITY STEAM GENERATING UNITS REQUIREMENT REGULATION CITATION RECORD RETENTION Reports Initial notifications as applicable to facility( i. e., date of construction or reconstruction, dates of anticipated and actual startup, modifications to existing facility) § 60.7( a)( 1)( 4) 5 years Notification of performance tests § 60.8( d) 5 years Notification of CEM performance evaluation § 60.7( a)( 5) 5 years Semi annual compliance report § 60.51a( i) 5 years Recordkeeping Records of notifications and reports, performance tests, performance evaluations, monitoring data, performance evaluation test plan § 60.52a 5 years Startup, shutdowns, and malfunctions § 60.7( b) 5 years Records required to demonstrate continuous compliance with emission limits § 60.52a 5 years 31 ( A) ( B) ( C) ( D) ( E) ( F) ( G) ( H)

Personhours per occurrence No. of occurrences per respondent ( see note a) Personhours per re spondent ( C= AxB) Respondents per year Technical personhours per year ( E= CxD) Management personhours per year ( Ex0.05) Clerical personhours per year ( Ex0.1) Costs, $

( see note b)

1. Applications N/ A 2. Surveys and studies N/ A 3. Acquisition, Installation, and Utilization of Technology and Systems A. Acquire and install Hg CEMS for existing coal fired units with Hg emissions > 29 lb/ yr 240 1 240 342 82,080 4,104 8,208 $ 6,466,127 B. Acquire and install Hg sorbent traps for existing coal fired units with Hg emissions > 29 lb/ yr 240 1 240 343 82,320 4,116 8,232 $ 6,485,034 C. Acquire and install Hg CEMS for new coal fired units subject to NSPS 240 1 240 5 1,200 60 120 $ 94,534 4. Reporting Requirements 0 A. Read instructions ( see note c) 8 1 8 1,125 9,000 450 900 $ 709,005 B. Required activities 0 i. Prepare monitoring plan 40.0 1 40 690 27,600 1,380 2,760 $ 2,174,282 ii. Collect data for coal fired units 0.5 365 182.5 1,125 205,313 10,266 20,531 $ 16,174,180 iii. Perform LME for existing coal fired units with Hg emissions < 9 lb/ yr 40 1 40 228 9,120 456 912 $ 718,459 vi. Perform LME for existing coal fired units with 9 lb/ yr < Hg emissions < 29 lb/ yr 40 2 80 207 16,560 828 1,656 $ 1,304,569 v. Operate Hg CEMS for existing coal fired units with Hg emissions > 29 lb/ yr 0.5 365 182.5 342 62,415 3,121 6,242 $ 4,916,951 vi. Operate Hg sorbent traps for existing coal fired units with Hg emissions > 29 lb/ yr 0.5 365 182.5 343 62,598 3,130 6,260 $ 4,931,328 vii. Operate Hg CEMS for new coal fired units subject to NSPS 0.5 365 182.5 5 913 46 91 $ 71,885 viii. Calculate 12 mo. rolling average Hg emission rate in lb/ MW for new coal fired units subject to NSPS 8 12 96 5 480 24 48 $ 37,814 Exhibit 3a. ANNUAL RESPONDENT BURDEN AND COST OF REPORTING AND RECORDKEEPING REQUIREMENTS OF FINAL RULE First Year After Promulgation Burden item 32 C. Create information See 4B D. Gather existing information See 4B E. Write reports i. Initial notification 2 1 2 1,125 2,250 113 225 $ 177,251 ii. LME emission test notification ( see note c) 2 1.5 3 435 1,305 65 131 $ 102,806 iii. Notification of monitoring performance evaluation 2 1 2 690 1,380 69 138 $ 108,714 iv. LME report for existing coal fired units with Hg emissions < 9 lb/ yr 16 1 16 228 3,648 182 365 $ 287,383 v. LME report for existing coal fired units with 9 lb/ yr < Hg emissions < 29 lb/ yr 16 2 32 207 6,624 331 662 $ 521,828 vi. Hg monitoring data quarterly report for existing coal fired units 2 4 8 685 5,480 274 548 $ 431,705 vi. Hg monitoring data quarterly report for new coal fired units subject to NSPS 2 4 8 5 40 2 4 $ 3,151 vii. Semiannual compliance report for new coal fired units subject to NSPS 16 2 32 5 160 8 16 $ 12,605 5. Recordkeeping Requirements A. Read instructions ( see note c) See 4A 0 B. Plan activities ( see note c) 40 1 40 1,125 45,000 2,250 4,500 $ 3,545,026 C. Implement activities See 4B D. Develop record system ( see note c)

i. Existing coal fired units with Hg emissions < 29 lb/ yr 8 1 8 435 3,480 174 348 $ 274,149 ii. Existing coal fired units with Hg emissions > 29 lb/ yr 24 1 24 685 16,440 822 1,644 $ 1,295,116 iii. New coal fired units subject to NSPS 40 1 40 5 200 10 20 $ 15,756 E. T ime to enter information i. Existing coal fired units with Hg emissions < 29 lb/ yr 1 2 2 435 870 44 87 $ 68,537 ii. Existing coal fired units with Hg emissions > 29 lb/ yr 1 52 52 685 35,620 1,781 3,562 $ 2,806,085 iii. New coal fired units subject to NSPS 1 52 52 5 260 13 26 $ 20,482 F. T ime to train personnel i. Existing coal fired units with Hg emissions < 29 lb/ yr 40 1 40 435 17,400 870 1,740 $ 1,370,743 ii. Existing coal fired units with Hg emissions > 29 lb/ yr 80 1 80 435 34,800 1,740 3,480 $ 2,741,487 iii. New coal fired units subject to NSPS 100 1 100 5 500 25 50 $ 39,389 33 G. T ime to adjust existing ways to comply with previously applicable requirements ( see note c) 40 1 40 1,125 45,000 2,250 4,500 $ 3,545,026 H. T ime to transmit or disclose information 1 4 4 1,125 4,500 225 450 $ 354,503 I. Time for audits ( see note e)

TOTAL LABOR BURDEN AND COST 784,555 39,228 78,455 $ 61,805,909 Annualized cost of capital ( see note f) $ 11,869,759 Operation and maintenance ( O& M) $ 73,131,500 Total ( capital recovery + O& M costs) $ 85,001,259 NOTES:

N/ A = Not applicable a. " Respondent" defined to be owner/ operator for each individual electric utility coal fired steam generating unit b Costs are based on the following hourly total compensation rates for respondent employees: technical at $ 33.17, management at $ 48.95, and clerical at $ 18.96.

The fully burdened rates used in this table are: technical at $ 69.66, management at $ 102.80, and clerical at $ 39.82.

e. T ime for audit of Hg monitoring systems addresses by Relative Accuracy T est Audit ( RATA) included as part of Item 4. B. v  vii d. Labor hour requirements, capital costs, and O& M costs for Hg CEMS and sorbent trap systems based on information prepared for U. S. EPA Clean Air Markets Division, February 2005 f. Annualized costs calculated assuming a 7% interest rate and a 3 year depreciation period.

c. Average notification occurrences based on 228 LME units performing annual test and 207 LME units performing semi annual test rounded to 1.5. 34 ( A) ( B) ( C) ( D) ( E) ( F) ( G) ( H)

Personhours per occurrence No. of occurrences per respondent ( see note a) Personhours per re spondent ( C= AxB) Respondents per year Technical personhours per year ( E= CxD) Management personhours per year ( Ex0.05) Clerical personhours per year ( Ex0.1) Costs, $

( see note b)

1. Applications N/ A 2. Surveys and studies N/ A 3. Acquisition, Installation, and Utilization of Technology and Systems A. Acquire and install Hg CEMS for existing coal fired units with Hg emissions > 29 lb/ yr 240 ( see note c) 0 342 0 0 0 $ 0 B. Acquire and install Hg sorbent traps for existing coal fired units with Hg emissions > 29 lb/ yr 240 ( see note c) 0 343 0 0 0 $ 0 C. Acquire and install Hg CEMS for new coal fired units subject to NSPS 240 ( see note c) 0 5 0 0 0 $ 0 4. Reporting Requirements 0 A. Read instructions ( see note c) 8 ( see note c) 0 1,125 0 0 0 $ 0 B. Required activities 0 i. Prepare monitoring plan 40.0 ( see note c) 0 690 0 0 0 $ 0 ii. Collect data for coal fired units 0.5 365 182.5 1,125 205,313 10,266 20,531 $ 16,174,180 iii. Perform LME for existing coal fired units with Hg emissions < 9 lb/ yr 40 1 40 228 9,120 456 912 $ 718,459 vi. Perform LME for existing coal fired units with 9 lb/ yr < Hg emissions < 29 lb/ yr 40 2 80 207 16,560 828 1,656 $ 1,304,569 v. Operate Hg CEMS for existing coal fired units with Hg emissions > 29 lb/ yr 0.5 365 182.5 342 62,415 3,121 6,242 $ 4,916,951 vi. Operate Hg sorbent traps for existing coal fired units with Hg emissions > 29 lb/ yr 0.5 365 182.5 343 62,598 3,130 6,260 $ 4,931,328 vii. Operate Hg CEMS for new coal fired units subject to NSPS 0.5 365 182.5 5 913 46 91 $ 71,885 viii. Calculate 12 mo. rolling average Hg emission rate in lb/ MW for new coal fired units subject to NSPS 8 12 96 5 480 24 48 $ 37,814 Exhibit 3b. ANNUAL RESPONDENT BURDEN AND COST OF REPORTING AND RECORDKEEPING REQUIREMENTS OF FINAL RULE Second Year After Promulgation Burden item 35 C. Create information See 4B D. Gather existing information See 4B E. Write reports i. Initial notification 2 ( see note c) 0 1,125 0 0 0 $ 0 ii. LME emission test notification 2 1.5 3 435 1,305 65 131 $ 102,806 iii. Notification of monitoring performance evaluation 2 1 2 690 1,380 69 138 $ 108,714 iv. LME report for existing coal fired units with Hg emissions < 9 lb/ yr 16 1 16 228 3,648 182 365 $ 287,383 v. LME report for existing coal fired units with 9 lb/ yr < Hg emissions < 29 lb/ yr 16 2 32 207 6,624 331 662 $ 521,828 vi. Hg monitoring data quarterly report for existing coal fired units 2 4 8 685 5,480 274 548 $ 431,705 vi. Hg monitoring data quarterly report for new coal fired units subject to NSPS 2 4 8 5 40 2 4 $ 3,151 vii. Semiannual compliance report for new coal fired units subject to NSPS 16 2 32 5 160 8 16 $ 12,605 5. Recordkeeping Requirements A. Read instructions ( see note c) See 4A 0 B. Plan activities ( see note c) 40 1 40 1,125 45,000 2,250 4,500 $ 3,545,026 C. Implement activities See 4B D. Develop record system ( see note c)

i. Existing coal fired units with Hg emissions < 29 lb/ yr 8 1 8 435 3,480 174 348 $ 274,149 ii. Existing coal fired units with Hg emissions > 29 lb/ yr 24 1 24 685 16,440 822 1,644 $ 1,295,116 iii. New coal fired units subject to NSPS 40 1 40 5 200 10 20 $ 15,756 E. T ime to enter information i. Existing coal fired units with Hg emissions < 29 lb/ yr 1 2 2 435 870 44 87 $ 68,537 ii. Existing coal fired units with Hg emissions > 29 lb/ yr 1 52 52 685 35,620 1,781 3,562 $ 2,806,085 iii. New coal fired units subject to NSPS 1 52 52 5 260 13 26 $ 20,482 F. T ime to train personnel i. Existing coal fired units with Hg emissions < 29 lb/ yr 40 1 40 435 17,400 870 1,740 $ 1,370,743 ii. Existing coal fired units with Hg emissions > 29 lb/ yr 80 1 80 435 34,800 1,740 3,480 $ 2,741,487 iii. New coal fired units subject to NSPS 100 1 100 5 500 25 50 $ 39,389 36 G. T ime to adjust existing ways to comply with previously applicable requirements ( see note c) 40 ( see note c) 0 1,125 0 0 0 $ 0 H. T ime to transmit or disclose information 1 4 4 1,125 4,500 225 450 $ 354,503 I. Time for audits ( see note e)

TOTAL LABOR BURDEN AND COST 535,105 26,755 53,510 $ 42,154,650 Annualized cost of capital ( see note f) $ 11,869,759 Operation and maintenance ( O& M) $ 73,131,500 Total ( capital recovery + O& M costs) $ 85,001,259 NOTES:

N/ A = Not applicable a. " Respondent" defined to be owner/ operator for each individual electric utility coal fired steam generating unit b Costs are based on the following hourly total compensation rates for respondent employees: technical at $ 33.17, management at $ 48.95, and clerical at $ 18.96.

The fully burdened rates used in this table are: technical at $ 69.66, management at $ 102.80, and clerical at $ 39.82.

e. T ime for audit of Hg monitoring systems addresses by Relative Accuracy T est Audit ( RATA) included as part of Item 4. B. v  vii d. Labor hour requirements, capital costs, and O& M costs for Hg CEMS and sorbent trap systems based on information prepared for U. S. EPA Clean Air Markets Division, February 2005 f. Annualized costs calculated assuming a 7% interest rate and a 3 year depreciation period.

c. One time event over the first 3 year term of the ICR following promulgation of the rule assumed to be completed during the 1st year. 37 ( A) ( B) ( C) ( D) ( E) ( F) ( G) ( H)

Personhours per occurrence No. of occurrences per respondent ( see note a) Personhours per re spondent ( C= AxB) Respondents per year Technical personhours per year ( E= CxD) Management personhours per year ( Ex0.05) Clerical personhours per year ( Ex0.1) Costs, $

( see note b)

1. Applications N/ A 2. Surveys and studies N/ A 3. Acquisition, Installation, and Utilization of Technology and Systems A. Acquire and install Hg CEMS for existing coal fired units with Hg emissions > 29 lb/ yr 240 ( see note c) 0 342 0 0 0 $ 0 B. Acquire and install Hg sorbent traps for existing coal fired units with Hg emissions > 29 lb/ yr 240 ( see note c) 0 343 0 0 0 $ 0 C. Acquire and install Hg CEMS for new coal fired units subject to NSPS 240 ( see note c) 0 5 0 0 0 $ 0 4. Reporting Requirements 0 A. Read instructions ( see note c) 8 ( see note c) 0 1,125 0 0 0 $ 0 B. Required activities 0 i. Prepare monitoring plan 40.0 ( see note c) 0 690 0 0 0 $ 0 ii. Collect data for coal fired units 0.5 365 182.5 1,125 205,313 10,266 20,531 $ 16,174,180 iii. Perform LME for existing coal fired units with Hg emissions < 9 lb/ yr 40 1 40 228 9,120 456 912 $ 718,459 vi. Perform LME for existing coal fired units with 9 lb/ yr < Hg emissions < 29 lb/ yr 40 2 80 207 16,560 828 1,656 $ 1,304,569 v. Operate Hg CEMS for existing coal fired units with Hg emissions > 29 lb/ yr 0.5 365 182.5 342 62,415 3,121 6,242 $ 4,916,951 vi. Operate Hg sorbent traps for existing coal fired units with Hg emissions > 29 lb/ yr 0.5 365 182.5 343 62,598 3,130 6,260 $ 4,931,328 vii. Operate Hg CEMS for new coal fired units subject to NSPS 0.5 365 182.5 5 913 46 91 $ 71,885 viii. Calculate 12 mo. rolling average Hg emission rate in lb/ MW for new coal fired units subject to NSPS 8 12 96 5 480 24 48 $ 37,814 Exhibit 3c. ANNUAL RESPONDENT BURDEN AND COST OF REPORTING AND RECORDKEEPING REQUIREMENTS OF FINAL RULE Third Year After Promulgation Burden item 38 C. Create information See 4B D. Gather existing information See 4B E. Write reports i. Initial notification 2 ( see note c) 0 1,125 0 0 0 $ 0 ii. LME emission test notification 2 1.5 3 435 1,305 65 131 $ 102,806 iii. Notification of monitoring performance evaluation 2 1 2 690 1,380 69 138 $ 108,714 iv. LME report for existing coal fired units with Hg emissions < 9 lb/ yr 16 1 16 228 3,648 182 365 $ 287,383 v. LME report for existing coal fired units with 9 lb/ yr < Hg emissions < 29 lb/ yr 16 2 32 207 6,624 331 662 $ 521,828 vi. Hg monitoring data quarterly report for existing coal fired units 2 4 8 685 5,480 274 548 $ 431,705 vi. Hg monitoring data quarterly report for new coal fired units subject to NSPS 2 4 8 5 40 2 4 $ 3,151 vii. Semiannual compliance report for new coal fired units subject to NSPS 16 2 32 5 160 8 16 $ 12,605 5. Recordkeeping Requirements A. Read instructions ( see note c) See 4A 0 B. Plan activities ( see note c) 40 1 40 1,125 45,000 2,250 4,500 $ 3,545,026 C. Implement activities See 4B D. Develop record system ( see note c)

i. Existing coal fired units with Hg emissions < 29 lb/ yr 8 1 8 435 3,480 174 348 $ 274,149 ii. Existing coal fired units with Hg emissions > 29 lb/ yr 24 1 24 685 16,440 822 1,644 $ 1,295,116 iii. New coal fired units subject to NSPS 40 1 40 5 200 10 20 $ 15,756 E. T ime to enter information i. Existing coal fired units with Hg emissions < 29 lb/ yr 1 2 2 435 870 44 87 $ 68,537 ii. Existing coal fired units with Hg emissions > 29 lb/ yr 1 52 52 685 35,620 1,781 3,562 $ 2,806,085 iii. New coal fired units subject to NSPS 1 52 52 5 260 13 26 $ 20,482 F. T ime to train personnel i. Existing coal fired units with Hg emissions < 29 lb/ yr 40 1 40 435 17,400 870 1,740 $ 1,370,743 ii. Existing coal fired units with Hg emissions > 29 lb/ yr 80 1 80 435 34,800 1,740 3,480 $ 2,741,487 iii. New coal fired units subject to NSPS 100 1 100 5 500 25 50 $ 39,389 39 G. T ime to adjust existing ways to comply with previously applicable requirements ( see note c) 40 ( see note c) 0 1,125 0 0 0 $ 0 H. T ime to transmit or disclose information 1 4 4 1,125 4,500 225 450 $ 354,503 I. Time for audits ( see note e)

TOTAL LABOR BURDEN AND COST 535,105 26,755 53,510 $ 42,154,650 Annualized cost of capital ( see note f) $ 11,869,759 Operation and maintenance ( O& M) $ 73,131,500 Total ( capital recovery + O& M costs) $ 85,001,259 NOTES:

N/ A = Not applicable a. " Respondent" defined to be owner/ operator for each individual electric utility coal fired steam generating unit b Costs are based on the following hourly total compensation rates for respondent employees: technical at $ 33.17, management at $ 48.95, and clerical at $ 18.96.

The fully burdened rates used in this table are: technical at $ 69.66, management at $ 102.80, and clerical at $ 39.82.

e. T ime for audit of Hg monitoring systems addresses by Relative Accuracy T est Audit ( RATA) included as part of Item 4. B. v  vii d. Labor hour requirements, capital costs, and O& M costs for Hg CEMS and sorbent trap systems based on information prepared for U. S. EPA Clean Air Markets Division, February 2005 f. Annualized costs calculated assuming a 7% interest rate and a 3 year depreciation period.

c. One time event over the first 3 year term of the ICR following promulgation of the rule assumed to be completed during the 1st year. 40 ( A) ( B) ( C) ( D) ( E) ( F) ( G)

Agency Person Hours per Occurrence No. of Occurrence s Per Respondent Per Year No. of Respondents Per Year Te chnical personhours per year ( D= AxBxC) Management personhours per year ( Dx0.05) Clerical personhours per year ( Dx0.1) Costs, $

( see note a)

Hg Emission Cap and Trade Program 1. EPA review and approve State/ Tribal Plans ( see note b) 240 1 53 12,720 636 1,272 $ 687,409 2. Review respondent notifications 4 2 1,125 4,500 225 450 $ 243,187 3. Review respondent Hg monitoring plans ( see note b) 16 1 1,125 18,000 900 1,800 $ 972,749 4. Review respondent quarterly Hg emissions reports 4 4 1,125 4,500 225 450 $ 243,187 5. Site observation of Hg emissions test for coal fired utility units ? 29 lb Hg/ yr ( see note c) 16 1 44 704 35 70 $ 38,045 6. Site observation of Hg monitor performance evaluation for coal fired utility units > 29 lb Hg/ yr ( see note d) 16 1 67 1,072 54 107 $ 57,933 7. Litigation ( see note e) $ 0 Subpart Da NSPS Hg Emission Limits 1. Review respondent notifications 4 2 5 20 1 2 $ 1,081 2. Review respondent Hg monitoring plans ( see note b) 16 1 5 80 4 8 $ 4,323 3. Review respondent semi annual compliance reports 4 2 5 20 1 2 $ 1,081 4. Site observation of Hg monitor performance evaluation for coal fired utility units 16 1 1 16 1 2 $ 865 6. Litigation ( see note e) $ 0 TOTAL BURDEN AND COST ( SALARY) 41,632 2,082 4,163 $ 2,249,860 OTHER EXPENSES ( see note f) $ 78,400 NOTES:

a Costs are based on the following hourly rates for government employees: technical at $ 30.24, management at $ 42.04, and clerical at $ 14.34.

The fully burdened rates used in this table are: technical at $ 48.38, management at $ 67.26, and clerical at $ 22.94.

c Assumes Agency personnel attend 10% of the LME coal fired utility unit Hg emission test per year d. Assumes Agency personnel attend 10% of the CEMS and Hg sorbent trap performance evaluations per year e. Assumes no enforcement action or litigation during the 3 year term of the ICR Exhibit 4a. ANNUAL AGENCY BURDEN AND COST OF FINAL RULE Activity f. Government travel expenses to observe performance test/ evaluation based on [ 1 person x ($ 100 per diem x 2 days + $ 100 hotel for 1 night + $ 400 roundtrip air fare) x 112 coal fired utility units]

b. One time event over the first 3 year term of the ICR following promulgation of the rule First Year After Promulgation 41 ( A) ( B) ( C) ( D) ( E) ( F) ( G)

Agency Person Hours per Occurrence No. of Occurrence s Per Respondent Per Year No. of Respondents Per Year Te chnical personhours per year ( D= AxBxC) Management personhours per year ( Dx0.05) Clerical personhours per year ( Dx0.1) Costs, $

( see note a)

Hg Emission Cap and Trade Program 1. EPA review and approve State/ T ribal Plans ( see note b) 240 0 53 0 0 0 $ 0 2. Review respondent notifications 4 2 1,125 4,500 225 450 $ 243,187 3. Review respondent Hg monitoring plans ( see note b) 16 0 1,125 18,000 900 1,800 $ 972,749 4. Review respondent quarterly Hg emissions reports 4 4 1,125 4,500 225 450 $ 243,187 5. Site observation of Hg emissions test for coal fired utility units ? 29 lb Hg/ yr ( see note c) 16 1 44 704 35 70 $ 38,045 6. Site observation of Hg monitor performance evaluation for coal fired utility units > 29 lb Hg/ yr ( see note d) 16 1 67 1,072 54 107 $ 57,933 7. Litigation ( see note e) $ 0 Subpart Da NSPS Hg Emission Limits 1. Review respondent notifications 4 2 5 20 1 2 $ 1,081 2. Review respondent Hg monitoring plans ( see note b) 16 0 5 80 4 8 $ 4,323 3. Review respondent semi annual compliance reports 4 2 5 20 1 2 $ 1,081 4. Site observation of Hg monitor performance evaluation for coal fired utility units 16 1 1 16 1 2 $ 865 6. Litigation ( see note e) $ 0 TOTAL BURDEN AND COST ( SALARY) 28,912 1,446 2,891 $ 1,562,451 OTHER EXPENSES ( see note f) $ 78,400 NOTES:

a Costs are based on the following hourly rates for government employees: technical at $ 30.24, management at $ 42.04, and clerical at $ 14.34.

The fully burdened rates used in this table are: technical at $ 48.38, management at $ 67.26, and clerical at $ 22.94.

c Assumes Agency personnel attend 10% of the LME coal fired utility unit Hg emission test per year d. Assumes Agency personnel attend 10% of the CEMS and Hg sorbent trap performance evaluations per year e. Assumes no enforcement action or litigation during the 3 year term of the ICR Activity f. Government travel expenses to observe performance test/ evaluation based on [ 1 person x ($ 100 per diem x 2 days + $ 100 hotel for 1 night + $ 400 roundtrip air fare) x 112 coal fired utility units]

b. One time event over the first 3 year term of the ICR following promulgation of the rule Second Year After Promulgation Exhibit 4b. ANNUAL AGENCY BURDEN AND COST OF FINAL RULE 42 ( A) ( B) ( C) ( D) ( E) ( F) ( G)

Agency Person Hours per Occurrence No. of Occurrences Per Respondent Per Year No. of Respondents Per Year Technical personhours per year ( D= AxBxC) Management personhours per year ( Dx0.05) Clerical pe rsonhours per year ( Dx0.1) Costs, $

( see note a)

Hg Emission Cap and Trade Program 1. EPA review and approve State/ Tribal P lans ( see note b) 240 0 53 0 0 0 $ 0 2. Review respondent notifications 4 2 1,125 4,500 225 450 $ 243,187 3. Review respondent Hg monitoring plans ( see note b) 16 0 1,125 18,000 900 1,800 $ 972,749 4. Review respondent quarterly Hg emissions reports 4 4 1,125 4,500 225 450 $ 243,187 5. Site observation of Hg emissions test for coal fired utility units ? 29 lb Hg/ yr ( see note c) 16 1 44 704 35 70 $ 38,045 6. Site observation of Hg monitor performance evaluation for coal fired utility units > 29 lb Hg/ yr ( see note d) 16 1 67 1,072 54 107 $ 57,933 7. Litigation ( see note e) $ 0 Subpart Da NSPS Hg Emission Limits 1. Review respondent notifications 4 2 5 20 1 2 $ 1,081 2. Review respondent Hg monitoring plans ( see note b) 16 0 5 80 4 8 $ 4,323 3. Review respondent semi annual compliance reports 4 2 5 20 1 2 $ 1,081 4. Site observation of Hg monitor performance evaluation for coal fired utility units 16 1 1 16 1 2 $ 865 6. Litigation ( see note e) $ 0 TOTAL BURDEN AND COST ( SALARY) 28,912 1,446 2,891 $ 1,562,451 OTHER EXPENSES ( see note f) $ 78,400 NOTES:

a Cost s are based on the following hourly rates for government employees: technical at $ 30.24, management at $ 42.04, and clerical at $ 14.34.

The fully burdened rates used in this table are: technical at $ 48.38, management at $ 67.26, and clerical at $ 22.94.

c Assumes Agency personnel attend 10% of the LME coal fired utility unit Hg emission test per year d. Assumes Agency personnel attend 10% of the CEMS and Hg sorbent trap performance evaluations per year e. Assumes no enforcement action or litigation during the 3 year term of the ICR Exhibit 4c. ANNUAL AGENCY BURDEN AND COST OF FINAL RULE Activity f. Government travel expenses to observe performance test / evaluation based on [ 1 person x ($ 100 per diem x 2 days + $ 100 hotel for 1 night + $ 400 roundtrip air fare) x 112 coal fired utility units]

b. One time event over the first 3 year term of the ICR following promulgat ion of the rule Third Year After Promulgation