                             SUPPORTING STATEMENT
                        ENVIRONMENTAL PROTECTION AGENCY

NSPS for Other Solid Waste Incineration Units (40 CFR Part 60, Subpart EEEE) (Renewal)

1.  Identification of the Information Collection

      1(a)  Title of the Information Collection

NSPS for Other Solid Waste Incineration Units (40 CFR Part 60, Subpart EEEE) (Renewal),     EPA ICR Number 2163.04, OMB Control Number 2060-0563

      1(b)  Short Characterization/Abstract

      The New Source Performance Standards (NSPS) for Other Solid Waste Incineration (OSWI) Units (40 CFR Part 60, Subpart EEEE) were proposed on December 9, 2004, and promulgated on December 16, 2005.  These regulations apply to very small municipal waste combustion units and institutional waste incineration units.  A new incineration unit subject to this subpart should meet either of the two criteria: 1) commenced construction after December 9, 2004; or 2) commenced reconstruction or modification on or after June 16, 2006.  This information is being collected to assure compliance with 40 CFR part 60, subpart EEEE.

      In general, all NSPS 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.  Other requirements are siting analysis, waste management plan, and records of operator training and qualification.  These notifications, reports, and records are essential in determining compliance, and are required of all affected facilities subject to NSPS.  Annual and semiannual reports are also required.

      Owners or operators of OSWI facilities are required to maintain a file of these measurements, and retain the file for at least five years following the date of such measurements, maintenance reports, and records.  All reports are sent to the delegated state or local authority.       In the event that there is no such delegated authority, the reports are sent directly to the U. S. Environmental Protection Agency (EPA) regional office.

      Currently there are no OSWI units that subject to the regulations, and it is estimated that   no additional respondents per year will become subject to the regulation over the next three years.  The economical cost of complying with the proposed NSPS makes it more likely that sources will select an alternative method of waste disposal.

      Based on the information gathered including the results of our consultations, we have concluded that, to date, no new OSWI units are being constructed, even in the absence of regulations, because other waste disposal alternatives, such as landfills, are more economical.  Therefore, the number of respondents remains at zero.  It was brought to our attention by the Office of Air Quality Planning and Standards that they are anticipating filing a joint motion with the Sierra Club for vacature of the OSWI standards, but was unable to give a firm date as to the filing.

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

      All of the other solid waste incineration (OSWI) units in the United States are owned and operated by the solid waste incineration industry (the "Affected Public"), which is privately- owned, for-profit businesses.  None of the facilities in the United States are owned by state, local, tribal or the Federal government.  The burden to the "Affected Public" is listed below in Table 1: Annual Respondent Burden and Cost  -  NSPS for Other Solid Waste Incineration Units (40 CFR Part 60, Subpart EEEE) (Renewal).  The Federal government burden associated with the review of reports submitted by the respondent is shown below in Table 2: Average Annual EPA Burden and Cost  -  NSPS for Other Solid Waste Incineration Units (40 CFR Part 60, Subpart EEEE) (Renewal).

2.  Need for and Use of the Collection

      2(a)  Need/Authority for the Collection

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      The EPA is charged under Section 111 of the Clean Air Act (CAA), as amended, to establish standards of performance for new stationary sources that reflect:
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            . . . application of the best technological system of continuous emissions reduction which (taking into consideration the cost of achieving such emissions reduction, or any non-air quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated.  Section 111(a)(l).
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The Agency refers to this charge as selecting the best demonstrated technology (BDT).  Section 111 also requires that the Administrator review and, if appropriate, revise such standards every four years.
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      In addition, section 114(a) states that the Administrator may require any owner/operator subject to any requirement of this Act to:
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            (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, emissions from other solid waste incineration units cause or contribute to air pollution that may reasonably be anticipated to endanger either public health or welfare.  Therefore, the NSPS was promulgated for this source category at 40 CFR part 60, subpart EEEE.

      2(b)  Practical Utility/Users of the Data

      The recordkeeping and reporting requirements in the standard ensure compliance with the applicable regulations which were promulgated in accordance with the Clean Air Act.  In addition, the collected information is 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 standard.  Continuous emission monitors are used to ensure compliance with the standard at all times.  During the performance tests, 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 standard are used to inform the Agency or delegated authority when a source becomes subject to the requirements of the regulations.  The reviewing authority may then inspect the source to ensure that the pollution control devices are properly installed and operated, that leaks are being detected and repaired, and that the 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.

3.  Non-duplication, Consultations, and Other Collection Criteria

      The requested recordkeeping and reporting are required under 40 CFR part 60, subpart EEEE.

      3(a)  Non-duplication

      If the subject standards have not been delegated, the information is sent directly to the appropriate EPA regional office.  Otherwise, the information is sent directly to the delegated state or local agency.  If a state or local agency has adopted their own similar standards to implement the Federal standards, a copy of the report submitted to the state or local agency can be sent to the Administrator in lieu of the report required by the Federal standards.  Therefore, no duplication exists.

      3(b)  Public Notice Required Prior to ICR Submission to OMB
      An announcement of a public comment period for the renewal of this ICR was published in the Federal Register (76 FR 26900) on May 9, 2011.  No comments were received on the burden published in the Federal Register.

      3(c)  Consultations

      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 OTIS, which is operated and maintained by EPA's Office of Compliance.  OTIS is EPA's database for the collection, maintenance, and retrieval of all compliance data.  We estimate that there are no existing respondents subject to the reporting requirements of this standard, and that no new sources will become subject to the standard over the three-year period covered by this ICR.

      Consultations with industry representatives were conducted to determine if there is any way for EPA to reduce the recordkeeping and reporting burden or improve the language in the standards to facilitate industry compliance.  Industry representatives were also provided an opportunity to comment on the ICR burden, including the size, growth, and other characteristics of the regulated industry.  For this renewal, we contacted: 1) the National Solid Waste Management Association (NSWMA), at<PHONE_NUMBER>; and 2) the Solid Waste Association of North America (SWANA), at<PHONE_NUMBER>. The EPA did not receive any comments from the consultations.
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      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.
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      3(d)  Effects of Less Frequent Collection

      Less frequent information collection would decrease the margin of assurance that facilities are continuing to meet the standards.  Requirements for information gathering and recordkeeping are 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.

      3(e)  General Guidelines

      These reporting or recordkeeping requirements do not violate any of the regulations established by OMB at 5 CFR part 1320, section 1320.5.

      These standards require the respondents to maintain all records, including reports and notifications for at least five years.  This is consistent with the General Provisions as applied to the standards.  EPA believes that the five-year records retention requirement is consistent with the part 70 permit program and the five-year statute of limitations on which the permit program is based.  The retention of records for five years allows EPA to establish the compliance history of a source, any pattern of non-compliance, and to determine the appropriate level of enforcement action.  The EPA has found that the most flagrant violators have violations extending beyond the five years.    In addition, EPA would be prevented from pursuing the violators due to the destruction or nonexistence of essential records.

      3(f)  Confidentiality

      Any information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to the Agency policies set forth in title 40, chapter 1, part 2, subpart B - Confidentiality of Business Information (CBI) (see 40 CFR 2; 41 FR 36902, September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43 FR 42251, September 20, 1978; 44 FR 17674, March 23, 1979).

      3(g)  Sensitive Questions

      The reporting or recordkeeping requirements in the standard do not include sensitive questions.

4.  The Respondents and the Information Requested

      4(a)  Respondents/SIC Codes

      The respondents to the recordkeeping and reporting requirements are OSWI units.  The United States Standard Industrial Classification (SIC) codes for the respondents affected by the standards, which correspond to the North American Industry Classification System (NAICS) code, are listed below for OSWI units.

                   Standard (40 CFR, part 60, subpart FFFF)
                                   SIC Codes
                                  NAICS Codes
Solid Waste Combustors and Incinerators
                                     4953
                                    562213
Administration of Air and Waste Resource and Solid Waste Management Programs
                                     None
                                     92411
Elementary and Secondary Schools
                                     None
                                     6111
Nursing and Residential Care Facilities
                                     None
                                      623
Justice, Public Order, and Safety Activities
                                     None
                                      922
National Security and International Affairs
                                     None
                                      928
Junior Colleges
                                     None
                                     6112
Colleges, Universities, and Professional Schools
                                     None
                                     6113
Museums, Historical Sites, and Similar Institutions
                                     None
                                     7121
Religious Organizations
                                     None
                                     8131
Civic and Social Organizations
                                     None
                                     8134
      4(b)  Information Requested

            (i)  Data Items

      In this ICR, all the data recorded or reported is required by NSPS for Other Solid Waste Incineration Units (40 CFR Part 60, Subpart EEEE).

      A source must make the following reports:

                                 Notifications
Notification to commence construction
60.2952 (a)-(e)
Notification of initial startup
60.2953
Initial performance test report
60.2954
Annual test report
60.2955,  60.2956
Notification of operating limit deviation report
60.2957,  60.2958
Notification of deviation
60.2959(a)(1)
Notification of status report
60.2959(a)(2)
Notification of resumed operation
60.2959(b)

                                    Reports
Annual compliance report
60.2961,  60.2955
Semiannual report of deviation
60.2962,  60.2957

      A source must keep the following records:

                                Recordkeeping
Maintain records of all test reports
60.2973(b)
Records are required to be retained for five years
60.2973(f)
Maintain waste management plan records
60.2901

Electronic Reporting

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      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.
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      Also, regulatory agencies in cooperation with the respondents continue to create reporting systems to transmit data electronically.  However, electronic reporting systems are not widely used.  At this time, there is no respondent that is subject to this regulation; therefore, electronic reporting would not be applicable to this ICR.
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            (ii)  Respondent Activities

                             Respondent Activities
Read instructions.
Install, calibrate, maintain, and operate continuous emission monitoring systems (CEMS) for carbon monoxide and oxygen.
Perform initial performance test, Reference Methods, 1, 3A, 3B, 26A 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 the purpose of collecting, validating, and verifying information.
Develop, acquire, install, and utilize technology and systems for the purpose of processing and maintaining information.
Develop, acquire, install, and utilize technology and systems for the purpose of disclosing and providing information.
Adjust the existing ways to comply with any previously applicable instructions and requirements.
Train personnel to be able to respond to a collection of information.
Transmit, or otherwise disclose the information.

	Currently, sources are using monitoring equipment that provides parameter data in an automated way (e.g., continuous parameter monitoring system).  Although personnel at the source still need to evaluate the data, this type of monitoring equipment has significantly reduced the burden associated with monitoring and recordkeeping.

5.  The Information Collected: Agency Activities, Collection Methodology, and Information Management

      5(a)  Agency Activities

      EPA conducts the following activities in connection with the acquisition, analysis, storage, and distribution of the required information.

                               Agency Activities
Observe initial performance tests and repeat performance tests if necessary.
Review notifications and reports, including performance test reports, excess emissions reports, required to be submitted by industry.
Audit facility records.
Input, analyze, and maintain data in the Online Tracking Information System (OTIS).

      5(b)  Collection Methodology and Management

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

      Information contained in the reports is entered into OTIS which is operated and maintained by the EPA Office of Compliance.  OTIS is the EPA database for the collection, maintenance, and retrieval of compliance data for approximately 125,000 industrial and government-owned facilities.  EPA uses OTIS for tracking air pollution compliance and enforcement by local and state regulatory agencies, EPA regional offices, and EPA headquarters.  EPA delegated Authorities can edit, store, retrieve and analyze the data.

      The records required by this regulation must be retained by the owner or operator for five years.

      5(c)  Small Entity Flexibility

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      There are no small entities affected by this regulation.

      5(d)  Collection Schedule

      The specific frequency for each information collection activity within this request is shown below in Table 1: Annual Respondent Burden and Cost  -  NSPS for Other Solid Waste Incineration Units (40 CFR Part 60, Subpart EEEE) (Renewal).

6.  Estimating the Burden and Cost of the Collection

      Table 1 documents the computation of individual burdens for the recordkeeping and reporting requirements applicable to the industry for the subpart included in this ICR.  The individual burdens are expressed under standardized headings believed to be consistent with the concept of burden under the Paperwork Reduction Act.  Wherever appropriate, specific tasks and major assumptions have been identified.  Responses to this information collection are mandatory.

      The Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB Control Number.

      6(a)  Estimating Respondent Burden

      The average annual burden to industry over the next three years from these recordkeeping and reporting requirements is estimated to be zero (Total Labor Hours from Table 1 below).  This is based on Agency studies and background documents from the development of the regulation, Agency knowledge and experience with the NSPS program, the previously approved ICR, and any comments received.

      6(b)  Estimating Respondent Costs

            (i)  Estimating Labor Costs

	This ICR uses the following labor rates:

            Managerial 	$121.42 ($57.82 + 110%)
            Technical	$99.14   ($47.21 + 110%)
            Clerical	$49.81   ($23.72 + 110%)

These rates are from the United States Department of Labor, Bureau of Labor Statistics September, 2011 "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 the benefit packages available to those employed by private industry.

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

      The type of industry costs associated with the information collection activities in the subject standard are both labor costs, which are addressed elsewhere in this ICR, and the costs associated with continuous monitoring.  The capital/startup costs are one-time costs when a facility becomes subject to the regulation.  The annual operation and maintenance costs are the ongoing costs to maintain the monitor and other costs, such as photocopying and postage.

            (iii)  Capital/Startup vs. Operation and Maintenance (O&M) Costs

         Capital/Startup vs. Operation and Maintenance (O&M) Costs
                                      (A)
                         Continuous Monitoring Device
                                      (B)
                                   Capital/
                        Startup Cost for One Respondent
                                      (C)
                          Number of New Respondents
                                      (D)
                                    Total
                                   Capital/
                                 Startup Cost
                                   (B X C)
                                      (E)
                    Annual O&M Costs for One Respondent
                                      (F)
                      Number of Respondents with O&M
                                      (G)
                                Total O&M,
                                    (E X F)
Continuous emission monitoring system
                                    $44,445
                                       0
                                      $0
                                    $5,000
                                       0
                                      $0

                                      $0

                                      $0

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

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      The total operation and maintenance (O&M) costs, consisting of photocopying and postage, are zero.  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 zero.

      6(c)  Estimating Agency Burden and Cost

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      The only costs to the Agency are those costs associated with analysis of the reported information.  The EPA compliance and enforcement program includes activities such as: the examination of records maintained by the respondents; the periodic inspection of sources of emissions; and both the publication and distribution of collected information.
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      The term Agency in the ICR refers to the designated Administrator of each state plan or to the U. S. EPA Administrator in the event that a state plan is not approved.
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      The average annual Agency cost during the three years of the ICR is estimated to be zero.
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      This cost is based on the average hourly labor rate as follows:
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            Managerial	$62.27   (GS-13, Step 5, $38.92 + 60%)
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            Technical	$46.21   (GS-12, Step 1, $28.88 + 60%)
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            Clerical	$25.01   (GS-6, Step 3, $15.63 + 60%)
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      These rates are from the Office of Personnel Management (OPM) "2011 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 below in Table 2: Average Annual EPA Burden and Cost  -  NSPS for Other Solid Waste Incineration Units (40 CFR Part 60, Subpart EEEE) (Renewal).
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      6(d)  Estimating the Respondent Universe and Total Burden and Costs

	Based on our research for this ICR, no respondent will be subject to this standard in the next three years.  It is estimated that no additional sources per year will become subject to the standard.  The average number of respondents, as shown in the table below, is zero per year.

	The number of respondents is calculated using the following table which addresses the three years covered by this ICR.

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Number of Respondents
--------------------------------------------------------------------------------
Year
--------------------------------------------------------------------------------
(A)
--------------------------------------------------------------------------------
Number of New Respondents [1]
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(B)
--------------------------------------------------------------------------------
Number of Existing Respondents
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(C)
--------------------------------------------------------------------------------
Number of Existing Respondents That Keep Records But Do Not Submit Reports
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(D)
--------------------------------------------------------------------------------
Number of Existing Respondents That Are Also New Respondents
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(E)
--------------------------------------------------------------------------------
Number of Respondents
--------------------------------------------------------------------------------
(E=A+B+C-D)
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1
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
2
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
3
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
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Average
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0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
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0
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0
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      [1] New respondents include sources with constructed, reconstructed and modified affected facilities.
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      To avoid double-counting respondents, column D is subtracted.  As shown above, the average Number of Respondents over the three-year period of this ICR is zero.

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

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Total Annual Responses
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(A)
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Information Collection Activity
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(B)
--------------------------------------------------------------------------------
Number of Respondents
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(C)
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Number of Responses
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(D)
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Number of Existing Respondents That Keep Records But Do Not Submit Reports
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(E)
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Total Annual Responses
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E=(BxC)+D
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Notification to commence construction
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0
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0
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0
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0
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Notification of initial startup
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0
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0
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0
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0
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Notification of final compliance
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0
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0
--------------------------------------------------------------------------------
0
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0
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Initial compliance report
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0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
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Waste management plan
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0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
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Annual compliance reports
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0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
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Semiannual deviation reports
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0
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0
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0
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0
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Total
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0

      The number of Total Annual Responses is zero.

      The total annual labor costs are zero.  Details regarding these estimates may be found below in Table 1: Annual Respondent Burden and Cost  -  NSPS for Other Solid Waste Incineration Units (40 CFR Part 60, Subpart EEEE) (Renewal).

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

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      The detailed bottom line burden hours and cost calculations for the respondents and the Agency are shown in Tables 1 and 2, respectively, and summarized below.
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            (i)  Respondent Tally

      The total annual labor hours and costs are both zero.  Details regarding these estimates may be found below in Table 1: Annual Respondent Burden and Cost  -  NSPS for Other Solid Waste Incineration Units (40 CFR Part 60, Subpart EEEE) (Renewal).

      Furthermore, the annual public reporting and recordkeeping burden for this collection of information is estimated to average zero hours per response.
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      The total annual capital/startup and O&M costs to the regulated entity are both zero.
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            (ii)  The Agency Tally
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      The average annual Agency burden and cost over the next three years are estimated to be zero labor hours at a cost of $0.  See below Table 2: Annual Agency Burden and Cost  -  NSPS for Other Solid Waste Incineration Units (40 CFR Part 60, Subpart EEEE) (Renewal).

      6(f)  Reasons for Change in Burden

      There are no changes in the total estimated burden as currently identified in the OMB Inventory of Approved Burdens.  At present, there are no OSWI units subject to the regulations, and no new units are expected to be constructed or operated over the next three years.  It is assumed that potential respondents would use alternative methods of waste disposal that are more economical, e.g. landfills, rather than replacing existing OSWI units.  As a result, no respondent or agency burdens or costs have been estimated, and no annual burden is expected.

      6(g)  Burden Statement

      The annual public reporting and recordkeeping burden for this collection of information is estimated to average zero hours per response.  Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, 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.

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      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's regulations are listed at 40 CFR part 9 and 48 CFR chapter 15.

      To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number EPA-HQ-OECA-2011-0249.  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 content of the docket, and to access those documents in the public docket that are available electronically.  When in the system, select "search" than key in the docket ID number identified in this document.  The documents are also available for public viewing at the Enforcement and Compliance Docket       and Information Center in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, N.W., Washington, 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<PHONE_NUMBER>, and the telephone number for the Enforcement and Compliance Docket and Information Center Docket is<PHONE_NUMBER>.            Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, N.W., Washington, DC 20503, Attention: Desk Officer for EPA.  Please include the EPA Docket ID Number EPA-HQ-OECA-2011-0249 and OMB Control Number 2060-0563 in any correspondence.

Part B of the Supporting Statement

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

Table 1:  Annual Respondent Burden and Cost  -  NSPS for Other Solid Waste Incineration Units (40 CFR Part 60, Subpart EEEE) (Renewal)

                                  Burden item
                                      (A)
                          Person hours per occurrence
                                      (B)
                  No. of occurrences per respondent per year
                                      (C)
                     Person hours per respondent per year
                                    (C=AxB)
                                      (D)
                           Respondents per year  [a]
                                      (E)
                       Technical person- hours per year
                                    (E=CxD)
                                      (F)
                       Management person hours per year
                                   (Ex0.05)
                                      (G)
                        Clerical person hours per year
(Ex0.1)
                                      (H)
                                  Total Cost
                                  Per year b

1.  Applications
                                      N/A

2.  Survey and Studies
                                      N/A

3.  Reporting requirements

     A.  Read instructions [c]
                                      40
                                       1
                                      40
                                       0
                                       0
                                       0
                                       0
                                                                             $0
     B.  Required activities

        1)  Initial performance test and reports

             a)  Initial performance tests and test reports
             (PM, dioxins/furans, opacity, fugitives,
             HCI, Cd, Pb, Hg) [c]
                                      24
                                       1
                                      24
                                       0
                                       0
                                       0
                                       0
                                                                             $0
             b) Repeat of initial performance tests
                                      24
                                       1
                                      24
                                       0
                                       0
                                       0
                                       0
                                                                             $0
        2)  CEMS demonstration (CO, 02)

             a) Repeat of initial demonstration
                                      229
                                       1
                                      229
                                       0
                                       0
                                       0
                                       0
                                                                             $0
       3)  Annual performance tests and test reports
             (PM, dioxins/furans, opacity, fugitives,
             HCI, Cd, Pb, Hg)
                                      24
                                       1
                                      24
                                       0
                                       0
                                       0
                                       0
                                                                             $0
       4)  Daily calibration and operation [d]
                                       1
                                      250
                                      250
                                       0
                                       0
                                       0
                                       0
                                                                             $0
     C.  Create information
                                    See 3B

     D.  Gather information
                                    See 3E

     E.  Report preparation

           1)  Preconstruction report
                                       8
                                       1
                                       8
                                       0
                                       0
                                       0
                                       0
                                                                             $0
           2)  Startup notification
                                       2
                                       1
                                       2
                                       0
                                       0
                                       0
                                       0
                                                                             $0
           3)  Initial compliance report [c]
                                      40
                                       1
                                      40
                                       0
                                       0
                                       0
                                       0
                                                                             $0
           4)  Annual compliance reports
                                      40
                                       1
                                      40
                                       0
                                       0
                                       0
                                       0
                                                                             $0
           5)  Semiannual deviation reports
                                      24
                                       2
                                      48
                                       0
                                       0
                                       0
                                       0
                                                                             $0
Subtotal for Reporting Requirements

                                       0

                                                                             $0
4.  Recordkeeping requirements

     A.  Read instructions
                                    See 3A

     B.  Plan activities
                                    See 3B

     C.  Implement Activities
                                    See 3B

     D.  Develop record system
                                      N/A

     E.  Record information

          1)  Records of SSM [e]
                                      1.5
                                      52
                                      78
                                       0
                                       0
                                       0
                                       0
                                                                             $0
          2)  Records of emission rate computations,
          all emission exceedances and periods when
          there is no data [e]
                                      1.5
                                      52
                                      78
                                       0
                                       0
                                       0
                                       0
                                                                             $0
         3)  Records of employee review of operations
         manual
                                       4
                                       1
                                       4
                                       0
                                       0
                                       0
                                       0
                                                                             $0
         4)  Record of control devices operating
          Parameters [e]
                                      1.5
                                      52
                                      78
                                       0
                                       0
                                       0
                                       0
                                                                             $0
     F. Personnel training
                                      N/A

    G. Time for audits
                                      N/A

Subtotal  for Recordkeeping Requirements

                                       0

                                                                             $0

                                                                             $0
TOTAL LABOR BURDEN AND COST (rounded)

                                       0

                                                                             $0

Assumptions:
[a]  We have assumed that there are no OSWI units that are currently subject to the regulations, and it is estimated that no new units are expected to be constructed or in operation over the next three years.
[b]  This ICR uses the following labor rates:  $121.42 per hour for Executive, Administrative, and Managerial labor; $99.14 per hour for Technical labor, and $49.81 per hour for Clerical labor.  These rates are from the United States Department of Labor, Bureau of Labor Statistics, September 2011 "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 the benefit packages available to those employed by private industry.
[c]  We have assumed that this is a one-time only cost.
[d]  We have assumed that each respondent will take 1 hour 250 times per year to record daily calibration and operation.
e  We have assumed that each  respondent will record information 52 times per year.

Table 2:  Average Annual EPA Burden and Cost  -  NSPS for Other Solid Waste Incineration Units (40 CFR Part 60, Subpart EEEE) (Renewal)

                                   Activity
                                      (A)
                       EPA person- hours per occurrence
                                      (B)
                     No. of occurrences per plant per year
                                      (C)
                     EPA person- hours per plant per year
                                    (C=AxB)
                                      (D)
                             Plants per year  [a]
                                      (E)
                       Technical person- hours per year
                                    (E=CxD)
                                      (F)
                       Management person-hours per year
                                   (Ex0.05)

                                      (G)
                        Clerical person-hours per year
                                    (Ex0.1)
                                      (H)
                                  Cost, $ [b]
1.  Applications
                                      N/A

2.  Read and understand rule requirements
                                      16
                                       1
                                      16
                                       0
                                       0
                                       0
                                       0
                                                                             $0
3.  Required activities

     A.  Create information
                                      N/A

     B.  Gather information
                               See 3A &  3F

     C.  Report reviews

          1) Notification of final compliance [c]
                                      1.5
                                       1
                                      1.5
                                       0
                                       0
                                       0
                                       0
                                                                             $0
          2) Review initial compliance test report [c]
                                      40
                                       1
                                      40
                                       0
                                       0
                                       0
                                       0
                                                                             $0
          3) Review annual compliance report
                                      40
                                       1
                                      40
                                       0
                                       0
                                       0
                                       0
                                                                             $0
          4) Review semiannual deviation reports
                                      16
                                       2
                                      32
                                       0
                                       0
                                       0
                                       0
                                                                             $0
          5)  Review waste management plan [c]
                                      16
                                       1
                                      16
                                       0
                                       0
                                       0
                                       0
                                                                             $0
     D.  Annual summary report [d]
                                       4
                                       1
                                       4
                                       0
                                       0
                                       0
                                       0
                                                                             $0
Subtotals Labor Burden and cost

                                       0
                                       0
                                       0
                                                                             $0
TOTAL ANNUAL BURDEN AND COST (rounded)

                                       0

                                                                             $0

--------------------------------------------------------------------------------
 	Assumptions:
  	a  We have assumed that there are no OSWI units that are currently subject to the regulations, and it is estimated that no new units are expected to be constructed or in
   operation over the next three years.
[b]  This cost is based on the following hourly labor rates times a 1.6 benefits multiplication factor to account for government overhead expenses: $62.27 for Managerial (GS-13, Step 5, $38.92 x 1.6), $46.21 for Technical (GS-12, Step 1, $28.88 x 1.6) and $25.01 Clerical (GS-6, Step 3, $15.63 x 1.6).  These rates are from   the Office of Personnel Management (OPM) "2011 General Schedule", which excludes locality rates of pay.
[c]  We have assumed that this is a one-time only cost.
[d]  We have assumed that all affected facilities will be required to prepare an annual summary plan.


[Federal Register Volume 77, Number 93 (Monday, May 14, 2012)]
[Rules and Regulations]
[Pages 28253-28255]
[FR Doc No: 2012-11557]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-1172]
RIN 1625-AA00

Safety Zone; America's Cup World Series, East Passage,
Narragansett Bay, RI

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing two temporary safety zones in
the navigable waters of the East Passage, Narragansett Bay, Rhode
Island, during the America's Cup World Series (ACWS) sailing vessel
racing event.

DATES: This rule is effective June 13, 2012 until 5:00 p.m. on July 1,
2012.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2011-1172 and are available online by going to
http://www.regulations.gov, inserting USCG-2011-1172 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Edward G. LeBlanc, Waterways Management Division at
Coast Guard Sector Southeastern New England, telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On February 10, 2012, we published a notice of proposed rulemaking
(NPRM) entitled ``Safety Zones; America's Cup World Series, East
Passage, Narragansett Bay, RI'' in the Federal Register (77 FR 7025).
We received one comment on the proposed rule.

Basis and Purpose

    The legal basis for this rule is 33 U.S.C. 1231; 46 U.S.C. chapter
701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6,
160.5; Public Law 107-295, 116 Stat. 2064; and Department of Homeland
Security Delegation No. 0170.1, which collectively authorize the Coast
Guard to define safety zones.
    This rule is necessary to provide for the safety of life and
navigation for both participants and spectators involved with the
America's Cup World Series in the vicinity of Newport, RI.

Discussion of Comments and Changes

    One comment was received, supporting this rule. The commenter
believed the safety zones established by this rule will improve
navigation safety for all mariners and facilitate a safe America's Cup
World Series event. No changes were made to the language contained in
the NPRM.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Executive Order 12866 and Executive Order 13563

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. The Office of Management and Budget has not reviewed it
under that Order.
    We expect the economic impact of this rule to be minimal. Although
this regulation may have some impact on the public, the potential
impact will be minimized for the following reasons: Vessels will only
be restricted from the East Passage of Narragansett Bay by the
designated safety zone for a maximum of six hours per day for a maximum
of 10 days; there is an alternate route, the West Passage of
Narragansett Bay, that does not add substantial transit time, is
already routinely used by mariners, and will not be affected by these
safety zones; many vessels, especially recreational vessels, may
transit in all

portions of the affected waterway except for those areas covered by the
safety zones; and vessels may enter or pass through the affected
waterway with the permission of the Captain of the Port (COTP) or the
COTP's representative.
    Notifications of the ACWS and associated safety zones will be made
to mariners through the Rhode Island Port Safety Forum, local Notice to
Mariners, event sponsors, and local media well in advance of the event.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
would not have a significant economic impact on a substantial number of
small entities. This rule may affect the following entities, some of
which might be small entities: Owners or operators of vessels intending
to transit, fish, or anchor in the East Passage of Narragansett Bay,
Rhode Island, during the ACWS races.
    The rule will not have a significant economic impact on a
substantial number of small entities for the following reasons: Vessels
will only be restricted from the designated safety zone for a maximum
of six hours per day for a maximum of 10 days; vessels may transit in
all portions of the affected waterway except for those areas covered by
the safety zones, and vessels may enter or pass through the affected
waterway with the permission of the COTP or the COTP's representative.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding this rule so that they can
better evaluate its effects on them and participate in the rulemaking
process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule would not result
in such expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

Taking of Private Property

    This rule would not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and would not create an
environmental risk to health or risk to safety that might
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it would not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272) directs agencies to use voluntary consensus standards in
their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. Any
comments made in response to the previously published Notice of
Proposed Rulemaking for this

action were also considered in arriving at this conclusion. This rule
is categorically excluded, under figure 2-1, paragraphs (34)(g) and
(34)(h) of the Instruction since it involves establishment of safety
zones for marine related events. An environmental analysis checklist
and a categorical exclusion determination are available in the docket
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for Part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

0
2. Add a new Sec.  165.T1172 to read as follows:

Sec.  165.T1172  Safety Zones; America's Cup World Series, East
Passage, Narragansett Bay, Rhode Island.

    (a) Location. The following areas are safety zones:
    (1) Safety zone ``North'', an area bounded by the following
coordinates:
    (i) 41-29.806N, 071-21.504W
    (ii) 41-30.049N, 071-20.908W
    (iii) 41-28.883N, 071-19.952W
    (iv) 41-28.615N, 071-19.952W
    (2) Safety zone ``South'', an area bounded by the following
coordinates:
    (i) 41-28.432N, 071-21.628W
    (ii) 41-28.898W, 071-20.892W
    (iii) 41-29.992W, 071-21.013W
    (iv) 41-29.287N, 071-20.406W
    (v) 41-28.894N, 071-19.958W
    (vi) 41-28.085N, 071-21.211W
    (b) Enforcement Period. Vessels will be prohibited from entering
these safety zones during the America's Cup World Series (ACWS) sailing
vessel racing events between 11 a.m. and 5 p.m. each day from Friday,
June 22, 2012 to Sunday, July 1, 2012.
    (c) Definitions. The following definitions apply to this section:
    (1) Designated Representative. A ``designated representative'' is
any Coast Guard commissioned, warrant or petty officer of the U.S.
Coast Guard who has been designated by the Captain of the Port, Sector
Southeastern New England (COTP), to act on his or her behalf. The
designated representative may be on an official patrol vessel or may be
on shore and will communicate with vessels via VHF-FM radio or
loudhailer. In addition, members of the Coast Guard Auxiliary may be
present to inform vessel operators of this regulation.
    (2) Official Patrol Vessels. Official patrol vessels may consist of
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement
vessels assigned or approved by the COTP.
    (3) Patrol Commander. The Coast Guard may patrol each safety zone
under the direction of a designated Coast Guard Patrol Commander. The
Patrol Commander may be contacted on Channel 16 VHF-FM (156.8 MHz) by
the call sign ``PATCOM.''
    (4) Spectators. All persons and vessels not registered with the
event sponsor as participants or official patrol vessels.
    (d) Regulations. (1) The general regulations contained in 33 CFR
165.23 as well as the following regulations apply to the safety zones
established in conjunction with the America's Cup World Series, East
Passage, Narragansett Bay, Newport, RI. These regulations may be
enforced for the duration of the event.
    (2) No later than 10 a.m. each day of the event, the Coast Guard
will announce via Safety Marine Information Broadcasts and local media
which of the safety zones, either ``North'' or ``South'', will be
enforced for that day's America's Cup World Series races.
    (3) Vessels may not transit through or within the safety zones
during periods of enforcement without Patrol Commander approval.
Vessels permitted to transit must operate at a no-wake speed, in a
manner which will not endanger participants or other crafts in the
event.
    (4) Spectators or other vessels shall not anchor, block, loiter, or
impede the movement of event participants or official patrol vessels in
the safety zones unless authorized by an official patrol vessel.
    (5) The Patrol Commander may control the movement of all vessels in
the safety zones. When hailed or signaled by an official patrol vessel,
a vessel shall come to an immediate stop and comply with the lawful
directions issued. Failure to comply with a lawful direction may result
in expulsion from the area, citation for failure to comply, or both.
    (6) The Patrol Commander may delay or terminate the ACWS at any
time to ensure safety. Such action may be justified as a result of
weather, traffic density, spectator operation or participant behavior.

    Dated: May 2, 2012.
V.B. Gifford, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Southeastern New
England.
[FR Doc. 2012-11557 Filed 5-11-12; 8:45 am]
BILLING CODE 9110-04-P