STANDARD FORM 83 I SUPPORTING STATEMENT FOR OMB REVIEW OF ICR No. 2032.03 INFORMATION COLLECTION REQUEST FOR NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FROM HYDROCHLORIC ACID PRODUCTION U. S. ENVIRONMENTAL PROTECTION AGENCY EMISSION STANDARDS DIVISION RESEARCH TRIANGLE PARK, NORTH CAROLINA 27711 September 13, 2004 1 PART A OF THE SUPPORTING STATEMENT 1. IDENTIFICATION OF THE INFORMATION COLLECTION 1( a) Title of the Information Collection The title of this collection is " Recordkeeping and Reporting Requirements for National Emission Standards for Hazardous Air Pollutants ( NESHAP) for Hydrochloric Acid Production." This is a revision of a currently approved information collection request ( ICR), and the tracking number is EPA ICR No. 2032.03.

1( b) Short Characterization/ Abstract This ICR was prepared for a U. S. Environmental Protection Agency ( EPA) rulemaking developed under authority of section 112 of the Clean Air Act ( CAA). The proposed rulemaking would make amendment to title 40, chapter I, part 63, subpart NNNNN   National Emission Standards for Hazardous Air Pollutants: Hydrochloric Acid Production   of the Code of Federal Regulations ( CFR). ( Hereafter, this subpart is referred to as the " HCl Production NESHAP.")

The HCl Production NESHAP includes standards for major sources of hazardous air pollutants ( HAPs). A major source of HAP is one that has the potential to emit, considering controls ( in place under a federally enforceable agreement), 10 tons or more of any one HAP or 25 tons or more of total HAPs per year. Respondents are owners or operators of affected sources regulated under the HCl Production NESHAP. All existing major sources must be in compliance with the requirements of the HCl Production NESHAP by April 17, 2006. All new or reconstructed affected sources must be in compliance with the requirements of the HCl Production NESHAP on the date of startup or the effective date ( April 17, 2003), whichever is later.

The proposed amendments clarify certain applicability provisions, emission standards, and testing, maintenance, and reporting requirements; correct several omissions and typographical errors in the final rule; and facilitate compliance and improve understanding of the final rule requirements.

According to the available information, the HCl production source category consists of 65 existing facilities, all of which are considered to be potential major sources and subject to requirements under the HCl Production NESHAP. In the first three years after the effective date ( April 17, 2003), we anticipate that six new HCl production facilities will be constructed, at a rate 2 of two new sources per year ( three percent growth rate), all of which may be major sources and subject to the requirements for new and reconstructed sources in the HCl Production NESHAP.

The period considered in the initial ICR and throughout this supporting statement is the first three years following promulgation of the HCl Production NESHAP ( April 17, 2003). We estimate that the total monitoring, inspecting, reporting, and recordkeeping ( MIRR) costs for new and existing sources during the first three years after promulgation are $ 7,591,435. Of the estimated total MIRR costs, $ 6,849,205 is labor dollars for the first three years and $ 742,230 is capital and operation and maintenance ( O& M) for the first three years. The annual costs for each of the first three years after promulgation are not expected to be equal and are expected to differ from costs in subsequent years, because existing major sources will likely phase in their compliance activities prior to the compliance date, which is three years after the promulgation date, and new sources may be constructed in subsequent years. See section 6 for more details on cost estimates.

2. NEED FOR AND USE OF THE COLLECTION 2( a) Need/ Authority for the Collection We have been directed by section 112 of the CAA to regulate the emissions of HAP from stationary sources. The HCl Production source category contains major sources of HAP emissions and is included on our list of categories scheduled for regulation. The HAP identified as being emitted from HCl production sources are hydrochloric acid ( HCl) and chlorine ( Cl 2).

Section 114 of the CAA gives us authority to collect data and information necessary to enforce standards established under section 112 of the CAA. Certain records and reports are necessary to enable the Administrator to ( 1) identify existing and new sources subject to the HCl Production NESHAP and ( 2) ensure that the requirements specified for an affected source subject to the HCl Production NESHAP, which are based on maximum achievable control technology ( MACT), are being achieved.

2( b) Practical Utility/ Users of the Data The information will be used by our enforcement personnel to ( 1) identify existing and new HAP emission points subject to the HCl Production NESHAP, ( 2) ensure that MACT is being properly applied, and ( 3) ensure that control equipment is being properly operated and maintained on a continuous basis to reduce HAP emissions from HCl production sources. 3 Records and reports are necessary to enable us to identify facilities subject to the HCl Production NESHAP that may not be in compliance. Based on reported information, we can decide whether to inspect a facility and which records or processes to inspect. The records that facilities maintain must indicate to us whether facility personnel are operating and maintaining control equipment properly.

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 3( a) Nonduplication A search of our existing standards and ongoing ICRs revealed no overlap in information gathering efforts between the HCl Production NESHAP and other Federal, State, or local rules.

The HCl Production NESHAP excludes certain HCl Production facilities that are part of other source categories that are, or will be, subject to other Federal air pollution standards.

3( b) Public Notice Required Prior to ICR Submission to OMB Because this is a rule related ICR, it is not necessary to solicit public comments prior to submittal of this ICR to OMB. However, a public review and comment period will occur after proposal of the amendments to the HCl Production NESHAP in the Federal Register.

3( c) Consultations OMB regulations require periodic consultation with respondents and data users such as members of industry as well as State and local governments. We conducted consultations with several representatives of companies involved with HCl production throughout the NESHAP development process. We also contacted representatives of State governments to obtain permit data for HCl Production facilities. Table 1 presents a list of the names, affiliations, and telephone numbers of several of the people we consulted during the rule development. 4 TABLE 1. HYDROCHLORIC ACID PRODUCTION CONSULTATIONS Name Affiliation Telephone Number Laura Burrell, Brad Shanks American Chemistry Council ( 703) 741 5247 Ted Martin Vulcan Chemicals ( 205) 298 3504 Ron Huffman Bayer Corporation ( 412) 777 7642 Irene Raiber PPG Industries ( 330) 825 1217 Doris Grego DuPont Dow Elastomers 3( d) Effects of Less Frequent Collection If the requirement for the designated representatives of owners and operators of affected sources to submit compliance demonstrations of relevant information were collected less frequently, we would not be reasonably assured that a source is in compliance with the HCl Production NESHAP. In addition, our authority to take administrative action would be significantly reduced.

3( e) General Guidelines The HCl Production NESHAP requires 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 1320.6. The 5 year retention period is consistent with the subpart A General Provisions of 40 CFR part 63 and the retention requirement in the operating permit program under Title V of the CAA. All subsequent general guidelines have been followed and do not violate any of the Paperwork Reduction Act guidelines contained in 5 CFR 1320.6.

3( f) Confidentiality All information submitted to us for which a claim of confidentiality is made will be safeguarded according to our policies set forth in Title 40, Chapter 1, Part 2, subpart B,

Confidentiality of Business Information. See 40 CFR; 41 FR 36902, September 1, 1976;

amended by 43 FR 3999, September 8, 1978; 43 FR 42251, September 28, 1978; and 44 FR 17674, March 23, 1979. Even where we have determined that data received in response to an ICR is eligible for confidential treatment under 40 CFR Part 2, subpart B, we may nonetheless disclose the information if it is " relevant in any proceeding" under the statute [ 42 U. S. C. 7414 ( C); 40 CFR 2.301 ( g)]. The information collection complies with the Privacy Act of 1974 and Office of Management and Budget ( OMB) Circular 108. 5 3( g) Sensitive Questions Information that will be reported consists of emissions data and other information that are not expected to be of a sensitive nature. Therefore, this section is not applicable.

4. THE RESPONDENTS AND THE INFORMATION REQUESTED 4( a) Respondents/ SIC and NAICS Codes Respondents are owners or operators of all existing and new HAP emitting affected sources in the HCl production source category. The source category and affected sources regulated by the HCl Production NESHAP are classified under the Standard Industrial Classification ( SIC) codes 2819, " Industrial Inorganic Chemicals, Not Elsewhere Classified,"

2821, " Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers," and 2869,

" Industrial Organic Chemicals, Not Elsewhere Classified." The corresponding North American Industrial Classification System ( NAICS) codes are 325188, " All Other Basic Inorganic Chemical Manufacturing," 325211, " Plastic Material and Resin Manufacturing," and 325199, " All Other Basic Organic Chemical Manufacturing."

4( b) Information Requested The standards are based on add on control devices to reduce HAP emissions. In order to demonstrate compliance with the standards, facilities may use continuous parameter monitoring systems ( CPMS). The burden and cost estimates presented below assume the use of CMPS to demonstrate compliance.

4( b)( i) Data items, including recordkeeping requirements All affected major sources with an initial startup date before the effective date of the standards must submit a one time initial notification not later than 120 days after the effective date of the HCl Production NESHAP. A new or reconstructed source with an initial startup date on or after the effective date of the standards would have to submit the application for construction or reconstruction in lieu of the initial notification. The application is required to contain information on the air pollution control that will be used for each potential HAP emission point. The information in the application for construction or reconstruction will enable enforcement personnel to identify the number of sources subject to, or already in compliance with, the standards.

Existing and new major sources would also be required to submit the following notifications: ( 1) notification of intent to conduct a performance test, and ( 2) notification of 6 compliance status. For affected sources subject to standards under the HCl Production NESHAP,

a performance test is required to demonstrate compliance and must be conducted within 180 days after the compliance date. Affected sources must submit a notification of intent to conduct a performance test at least 60 calendar days before the performance test is scheduled to begin. The notification of compliance status must be submitted within 240 calendar days of the compliance date.

Affected sources would also be required to submit the following reports: ( 1) semiannual compliance reports; ( 2) performance test reports; and ( 3) startup, shutdown, and malfunction reports.

The first compliance report would be due on January 31 or July 31, whichever date follows the end of the first calendar half after the compliance date. Compliance reports subsequent to the first compliance report would be submitted semiannually within 30 days after the end of each calendar half. Each compliance report would have to be signed by a responsible company official who certifies its truth, accuracy, and completeness and certifies that the affected source has complied with the relevant standards. Affected sources would be required to include in the report information on deviations from emission limitations as well as information on startups, shutdowns, and malfunctions that were consistent with the startup, shutdown, and malfunction plan ( SSMP).

Affected sources must conduct a performance test every 5 years or when the facility's Title V permit is renewed, whichever is earlier, and report the results of these performance tests within 60 days after the completion of the test. This report should verify that the operating limits have not changed or provide documentation of the revised operating parameters.

The HCl Production NESHAP would require owners or operators of affected sources to develop equipment leak detection and repair ( LDAR) plans that describe in detail the measures that will be put in place to detect leaks and repair them in a timely fashion.

The HCl Production NESHAP would also require owners or operators of affected sources to develop an SSMP to document procedures that will be taken in the case of any of these events.

The SSMP must be prepared by the affected sources' compliance date. If a startup, shutdown, or malfunction occurs that is not consistent with the SSMP, the affected source would be required to submit a startup, shutdown and malfunction report by fax or telephone within two working days 7 after starting actions inconsistent with the SSMP and by letter within seven working days after the end of the event.

Affected sources would be required to develop a site specific test plan prior to conducting a performance test. The test plan must be submitted to the Administrator only if requested by us.

Affected sources would also be required to develop a site specific monitoring plan detailing installation, operation, maintenance, and quality assurance procedures for monitoring equipment.

The monitoring plan also must be submitted to the Administrator only if requested by us.

Affected sources subject to the HCl Production NESHAP would be required to maintain records of the following: ( 1) a copy of each notification and report submitted, and documentation supporting each notification and report submitted, ( 2) records related to startup, shutdown, and malfunction, ( 3) records of performance tests, ( 4) records of operating parameter values, and ( 5)

records of all deviations from emission limitations. The HCl Production NESHAP would require owners or operators of affected sources to retain records for 5 years. Records must be maintained on site, or readily accessible from on site through a computer or other means, for at least 2 years after the date of each occurrence, measurement, maintenance, corrective action,

report, or record. Records may be kept offsite for the remaining 3 years but must be made readily available upon request.

4( b)( ii) Respondent activities The activities that we assumed would be performed by respondents to meet the requirements of the HCl Production NESHAP for each of the first three years are presented in Tables 2a through 2c for existing sources and in Tables 2d through 2f for new sources. We have assumed that two new HCl production facilities will be constructed during each of the first three years after promulgation, all of which will be major sources and subject to the rule.

In the first year, we have assumed that all existing major sources will read the rule and submit the initial notification. In each of the second and third years, we have assumed that half of the existing facilities will conduct performance test and complete other reporting and recordkeeping activities. In each of the first three years, we have assumed that two new sources will startup, install control and monitoring equipment, conduct a performance test and submit notifications and reports. The cost of control equipment is not included in this ICR because it is not purchased for the purpose of satisfying the reporting or recordkeeping requirements. 8 5. THE INFORMATION COLLECTED AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT 5( a) Agency Activities A list of our activities for each of the first three years after promulgation of the HCl Production NESHAP is provided in Tables 4a through 4f. Table 5 summarizes the estimated labor hours and costs for us over the first three years. These tables are introduced in Section 6( c)

of this ICR.

5( b) Collection Methodology and Management Information contained in the one time only reports will be entered into the Aerometric Information Retrieval System ( AIRS) Facility Subsystem ( AFS) that is maintained and operated by our Office of Air Quality Planning and Standards ( OAQPS). Information contained in the periodic reports submitted to us will be reviewed for accuracy and completeness. Data from records maintained by the respondents and obtained during periodic visits by our personnel will be tabulated and published for internal use in compliance and enforcement programs.

5( c) Small Entity Flexibility Minimizing the information collection burden for all sizes of organizations is a continuing effort on our part. We have reduced the recordkeeping and reporting requirement respondent burden to include only the information needed by us to determine compliance with the HCl Production NESHAP. The HCl Production NESHAP is applicable only to major sources.

By definition, a small business is any business that is independently owned and operated and not dominant in its field as defined by the Small Business Administration ( SBA) regulations under Section 3 of the Small Business Act. For the purpose of assessing the impacts of the final HCl Production NESHAP on small entities, a small entity is defined based on definitions provided by the SBA. Based on the SBA definitions, we identified four small businesses potentially affected by the final NESHAP. The results of a screening analysis showed that none of the small businesses are expected to have compliance costs of 1 percent or more. Therefore, the final rule will not have a significant impact on a substantial number of small entities, and small business considerations do not apply. 9 5( d) Collection Schedule The HCl production NESHAP was promulgated in the Federal Register on April 17,

2003. Collection of data has begun. The schedule for reports that would be required by the HCl production NESHAP is summarized below.

The initial notification for existing major sources and new major sources with startup dates before the promulgation date of the HCl Production NESHAP was due no later than August 15,

2003. The notification of intent to conduct a performance test must be submitted at least 60 days before the performance test is scheduled to begin. The initial performance test must be conducted within 180 days after the compliance date. The notification of compliance status would have to be submitted within 240 days after the compliance date.

Affected major sources subject to standards under the HCl Production NESHAP are required to submit compliance reports, with the first compliance report being due on July 31,

2006. Compliance reports subsequent to the first compliance report would be submitted semiannually. In addition, performance test reports would have to be submitted within 60 days after the completion of each subsequent performance test.

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION 6( a) Estimating Respondent Burden The annual burden for respondent activities includes labor cost, capital/ startup cost, and O& M cost. Our estimates of total burden for respondents for each of the first three years after promulgation of the HCl production NESHAP are presented in Tables 2a through 2f.

6( b) Estimating Respondent Costs 6( b)( i) Estimating labor costs The estimates of annual total technical labor hours per source and the annual number of activities per respondent listed in each of Tables 2a through 2f are based upon experience with similar information collection requirements in other standards development efforts and the number of emission points in each source. Activities that are one time only activities are identified as such in the tables.

The estimated costs of the activities listed in Tables 2a through 2f were based on data from the U. S. Bureau of Labor Statistics' Internet web site ( http:// stats. bls. gov/ news. release/ ecec. t12. htm), Table 12, accessed September 26, 2002. Labor costs were divided into the following three categories: ( 1) technical, ( 2) managerial, and 1 Memorandum. Hartmann, A. EC/ R Incorporated to Maxwell, W., U. S. Environmental Protection Agency. Monitoring Equipment Cost Estimates for Hydrochloric Acid Production. March 21, 2001. 10 ( 3) clerical. Managerial and clerical labor hours were calculated as 5 and 10 percent, respectively,

of each technical labor hour requirement. In addition, the labor rates were multiplied by 1.5 to account for overhead costs. Therefore, we estimated the cost of technical labor for HCl production to be $ 46.34 per hour ($ 46.34/ hr), the cost of managerial labor to be $ 74.49/ hr, and the cost of clerical labor to be $ 31.71/ hr. These estimates included fringe benefits.

6( b)( ii) Estimating Capital and Operations and Maintenance ( O& M) Costs HCl production facilities subject to standards under the HCl Production NESHAP would incur capital costs associated with monitoring equipment that these sources can use to demonstrate continuous compliance and meet reporting and recordkeeping requirements. For the purpose of assessing the impacts of the final HCl production NESHAP, two monitoring devices ( pH and liquid flow rate) and a data recorder are assumed to be used by each facility to demonstrate compliance. The total installed capital cost of this equipment is estimated at $ 5,000 ($ 2,000 per monitor and $ 1,000 for the data recorder) based on quotes provided by equipment manufacturers. 1 The cost of add on control equipment is not included in this ICR because it is not purchased for the purpose of satisfying the reporting and recordkeeping requirements. See Table 3 for capital cost information.

The total annual estimated O& M costs in Box 14 of OMB 83 I were calculated based on ( 1) operation and maintenance costs for monitoring equipment, ( 2) the estimated postage costs for responses ( see Box 13 of OMB 83 I) associated with the provisions of the HCl production NESHAP and ( 3) contracting costs for the performance test required to demonstrate compliance with this standard. The annual O& M cost for operating the monitoring equipment is estimated at 10 percent of the total capital cost, or $ 500. Postage costs are for submittal to regulatory agencies of notifications and reports required by the rule. The postage rates ($ 3.85 per onepound package by Priority Mail, and $ 0.37 per one ounce First Class letter) were based on data from U. S. Postal Services Internet web site ( http:// www. usps. com), accessed May 31, 2002, for rate changes taking effect on June 30, 2002.

The per scrubber cost of performance test contracting is estimated, based on information provided by test contractors, to be $ 5,275. Using the assumption that half of the existing major 11 sources will have two separate scrubbers and half of the existing major sources will have one scrubber, this test cost is multiplied by a factor of 1.5 to obtain the average per facility contractor cost. It is assumed that all new sources will have separate scrubbers for process vents, storage tanks and transfer operations are routed, so the contractor cost is multiplied by a factor of 3.0 for new sources. See Table 3 for O& M cost information.

6( b)( iii) Annualizing Capital Costs The total installed capital cost of the monitoring equipment ($ 5,000) was multiplied by a capital recovery factor ( CRF) of 0.1424, using an interest rate of seven percent and an estimated equipment life of 10 years, to calculate the annualized capital cost. The annualized capital cost is $ 712.

6( c) Estimating the EPA's Burden and Cost Because the information collection requirements were developed as an incidental part of the HCl Production NESHAP, no costs can be attributed to the development of the information collection requirements. Because recordkeeping and reporting requirements on the part of the respondents are required under section 112 of the CAA, no operational costs will be incurred by the Federal government. Publication and distribution of the information are part of the AFS operated and maintained by our OAQPS, with the result that no Federal costs can 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 affected sources. Periodic inspections are part of our overall compliance and enforcement program. Therefore, these examinations are not attributable to the ICR. The only costs that the Federal government will incur are user costs associated with the analysis of the reported information and attending performance tests. It is assumed that our staff will attend only one performance test per facility. Labor rates and associated costs are based on the 2002 General Schedule ( GS) base annual salary data from the U. S. Office of Personnel Management Internet web site ( http:// www. opm. gov/ oca/ 02tables/ gs. htm), accessed September 26, 2002. We estimated an average hourly labor cost of $ 40.99 for technical staff, $ 67.76 for managerial staff, and $ 20.80 for administrative/ clerical staff. To derive hourly estimates, we divided annual compensation estimates by 2,080, which is the number of hours in the Federal work year. We then multiplied hourly rates by the standard government benefits multiplication 12 factor of 1.6 for 60 percent overhead expenses. The federal burden and cost are detailed in Table 4a through 4f and summarized in Table 5.

6( d) Estimating the Respondent Universe and Total Burden and Costs To calculate the total burden for respondents, we estimated the number of respondents ( the respondent universe) to complete each activity. The burden for each activity was calculated by multiplying the per respondent burden per activity by the number of respondents.

The respondent universe varies among the activities listed in Tables 2a through 2f, because not all respondents must complete each activity each year. The total burden and costs are summarized in Table 3.

6( e) Bottom Line Burden Hours and Costs Tables 6( e)( i) Respondent tally The bottom line respondent burden hours and costs are summarized in Table 3. The estimated total nationwide burden for existing sources in the first three years after promulgation of the HCl Production NESHAP are an estimated 131,387 total labor hours and $ 6,714,309. The burden cost estimate includes labor, capital and O& M costs. Because we anticipate construction of six new major sources subject to the standards under the HCl Production NESHAP in the first three years following promulgation, our estimated burden for new sources is 16,570 total labor hours and $ 877,125 for the first three years after promulgation. The total estimated annual labor hour reporting and recordkeeping burden for the first three years is 49,319 labor hours.

The total estimated annualized capital and startup costs and annual operating and maintenance ( O& M) costs to comply with the final standards were estimated to be $ 247,410 for existing and new sources. Table 3 includes summarized annualized capital and startup costs and annual O& M costs. The total annualized capital and startup costs reflect the estimated capital costs of equipment to comply with MIRR activities associated with the final standards. The total annual O& M costs reflect costs that are associated with the MIRR equipment but that are not included in the labor hour burden estimate.

The total capital and O& M costs for existing major sources are estimated to be $ 632,175 for the first three years after promulgation. For new major sources, capital and annual O& M costs are estimated to be $ 110,055 for the first three years after promulgation.

6( e)( ii) The EPA tally 13 The bottom line Federal government burden hours and costs that would result from this ICR in the first three years following promulgation of the HCl Production NESHAP are presented in Tables 4a through 4c for existing major sources and in Tables 4d through 4f for new major sources. Estimated hours and costs for existing sources are 3,276 total labor hours and $ 144,949 for the first three years after promulgation. Estimated hours and costs for new sources are 1,688 total labor hours and $ 74,704 for the first three years after promulgation. Table 5 summarizes the Federal government burden hours and costs for the HCl Production NESHAP over the first three years.

6( e)( iii) Variations in the annual bottom line Variations in the annual bottom line for this regulation may occur over the three years following promulgation of this rule because ( 1) certain one time activities would typically occur prior to the source's compliance date and ( 2) it is not until the end of the third year following promulgation that all sources must be in compliance and therefore subject to recurring recordkeeping and reporting requirements.

6( f) Reasons for Change in Burden Table 2 lists the proposed amendments to the HCl NESHAP and their effect on the burden.

TABLE 2. CHANGES TO BURDEN RESULTING FROM PROPOSED AMENDEMENTS TO HCL NESHAP.

Proposed Amendment Effect on Burden Statement Subject sources that are subject to subpart EEE of 40 CFR part 63 or subpart H of 40 CFR part 266 and that meet the applicability requirements of subpart NNNNN to the storage tank, transfer operation, and leaking equipment standards of the HCl NESHAP. Theoretically, this would increase the burden because more sources would be subject to the HCl NESHAP. In reality, it is not anticipated that any sources will be covered under this provision. 14 Exempt individual emission streams that are routed to subpart EEE hazardous waste combustors. It is expected that this change would not affect the number of sources, but would lower the number of affected emission streams at a small number of the affected sources. Because only one NOCS is required per source, the number of reports submitted would not change. However, the amount of time that a few impacted sources spend on reporting and recordkeeping activities would decrease. Assuming that 10 percent of the sources would have a decrease of approximately 25% in the relevant activities, the overall average effort for each line item listed below would decrease by the amount shown ( per occurrence): ( 1) " notification of compliance status" by 0.5 hours, ( 2) " notification of intent to conduct a performance test" by 0.05 hours, ( 3) " conduct performance tests" by 1.5 hours, ( 4) " record CPMS measurements" by 0.03 hours, and ( 5) " CPMS calibration and maintenance" by 0.1 hours.

Remove exemption for sources subject to subpart O. This change was made because the exemption could not possibly apply to any sources, so it would not affect the burden.

Change definition of " equipment in HCl service." This change would have no effect on the burden because it merely clarifies EPA's original intent for which equipment is covered by the HCl NESHAP.

Clarify that sources do not need to install an add on control device in order to comply via the outlet concentration format of the emission limit. This change would have no effect on the burden because it merely clarifies EPA's original intent and is not a substantive change from the final rule.

Change the frequency of subsequent performance tests for sources complying without the use of an addon control device. Since only the initial performance test is included in the burden estimate, this change would not affect the number of test reports submitted under the current burden estimate.

Addition of verification statement in compliance reports for sources complying without the use of a control device. Sources are already required to submit semi annual compliance reports. The addition of one statement to the report is a very minimal change, so the burden estimate was not increased to reflect this proposed amendment. 15 Allow planned routine maintenance of storage tanks for 240 hours per year without emptying the tank. Add associated recordkeeping and reporting requirements. This proposed amendment would increase the time spent preparing compliance reports by 0.5 hours per compliance report for all sources.

Change submission date of NOCS to 240 days after the compliance date to allow one NOCS per source. This change would not affect the estimate of the number of NOCS submitted, because it was already assumed that each source would submit only one.

Require submission of LDAR and sitespecific monitoring plans with semiannual compliance report when changes are made. Since sources are already required to submit revisions to these plans, this proposed amendment would not change the burden.

Correct omissions and typographical errors. These would not affect the burden.

In summary, the following changes have been made to Tables 2a through 2f ( all changes are per occurrence) due to program changes:

1. c. ii Notification of intent to conduct a performance test  0.05 hours 1. c. iii Notification of compliance status  0.5 hours 1. c. iv First compliance report + 0.5 hours 1. c. v Semiannual compliance report + 0.5 hours 2. b. ii Conduct performance tests  1.5 hours 2. b. iii Record CPMS measurements  0.03 hours 2. b. iv CPMS calibration and maintenance  0.1 hours 6( g) Burden Statement The annual average burden is 49,319 labor hours. The respondent universe consists of 71 facilities, of which 65 are existing sources and 6 are new sources expected to be constructed in the first three years following promulgation of the HCl Production NESHAP. The total burden hours and costs, respectively, for this collection are presented in Table 3.

The total three year monitoring, recordkeeping, and reporting burden for this collection is estimated at 147,957 labor hours, and the annual average burden is 49,319 labor hours. The annualized capital costs for monitoring equipment is estimated to be $ 712 per facility. Annual O& M costs are estimated to be $ 664,622 for new and existing sources over three years,

averaging $ 221,541 per year. The hour burden estimate includes time to read the rule, write and 16 submit required notifications and reports, perform recordkeeping activities, perform performance tests, develop plans for implementing recordkeeping requirements, develop record systems, train personnel, and store, file and retrieve records. The cost burden estimate includes the cost of labor hours, purchase of capital equipment necessary to generate and record data needed to meet the MIRR requirements in the rule, postage to submit notifications and reports, and performance test contractor costs. The document may be found in E Dockets under the E docket number of OAR

2002 0057.

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 purpose 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 respond to a collection of information; search existing 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. 17 PART B OF THE SUPPORTING STATEMENT Not applicable. No sampling or other methods are used to select respondents because all owners or operators of facilities subject to the HCl production NESHAP are required to collect information.