[Federal Register Volume 77, Number 207 (Thursday, October 25, 2012)]
[Rules and Regulations]
[Pages 65119-65125]
[FR Doc No: 2012-26094]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2011-0332; FRL--9743-6]

Approval and Promulgation of Implementation Plans; Texas;
Revisions to the New Source Review (NSR) State Implementation Plan
(SIP); Antibacksliding of Major NSR SIP Requirements for the One-Hour
Ozone National Ambient Air Quality Standards (NAAQS); Major
Nonattainment NSR (NNSR) SIP Requirements for the 1997 Eight-Hour Ozone
NAAQS; and Major NSR Reform Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving revisions to the SIP for the State of Texas
that relate to antibacksliding of Major NSR SIP Requirements for the
one-hour ozone NAAQS; Major NNSR SIP requirements for the 1997 eight-
hour ozone NAAQS; Major NSR Reform Program with Plantwide Applicable
Limit (PAL) provisions; and non-PAL aspects of the Major NSR SIP
requirements, because these changes comply with the Federal Clean Air
Act (the Act or CAA) and EPA regulations and are consistent with EPA
policies. Texas submitted revisions to these programs in two separate
SIP submittals on March 11, 2011. On August 29, 2012, Texas submitted
SIP revisions (adopted July 25, 2012) that it had previously proposed
February 22, 2012, for parallel processing. On May 3, 2012, Texas
provided a letter to EPA which included a demonstration showing how its
submitted rules are at least as stringent as the Federal NSR Reform
Program. EPA proposed approval of these revisions on June 20, 2012.
Today, EPA is approving the two SIP revisions submitted March 11, 2011;
the revisions submitted August 29, 2012; and the May 3, 2012, letter as
part of the Texas NSR SIP. EPA is approving these provisions under
section 110 and parts C and D of the Act.

DATES: This rule is effective on November 26, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R06-OAR-2011-0332. All documents in this docket are listed on
the http://www.regulations.gov Web site. Although listed in the index,
some information is not publically available, e.g., Confidential
Business Information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publically
available only in hard copy form. Publically available docket materials
are available either electronically through http://www.regulations.gov
or in hard copy at the Air Permits Section (6PD-R), Environmental
Protection Agency, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-
2733. The file will be made available by appointment for public
inspection in the Region 6 Freedom of Information Act Review Room
between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal
holidays. Contact the person listed in the FOR FURTHER INFORMATION
CONTACT paragraph below or Mr. Bill Deese at<PHONE_NUMBER> to make an
appointment. If possible, please make the appointment at least two
working days in advance of your visit. There will be a 15 cent per page
fee for making photocopies of documents. On the day of the visit,
please check in at the EPA Region 6 reception area at 1445 Ross Avenue,
Suite 700, Dallas, Texas.
    The State submittals, which are part of the EPA docket, are also
available for public inspection at the State Air Agency during official
business hours by appointment: Texas Commission on Environmental
Quality (TCEQ), Office of Air Quality, 12124 Park 35 Circle, Austin,
Texas 78753.

FOR FURTHER INFORMATION CONTACT: Mr. Stanley M. Spruiell, Air Permits
Section (6PD-R), Environmental Protection Agency, Region 6, 1445 Ross
Avenue, Suite 700, Dallas, Texas 75202-2733; telephone<PHONE_NUMBER>;
fax number<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever any
reference to ``we,'' ``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Background
    A. What is the background of the Texas programs for major NSR
for the eight-hour NAAQS for ozone and for NSR reform?
    B. What changes did Texas submit?
    C. Proposal and Public Comments
    D. Overview of Today's Final Rule
II. What comments did we receive and what is our response to the
comments?
III. Final Action
V. Statutory and Executive Order Reviews

I. Background

A. What is the background of the Texas programs for major NSR for the
eight-hour NAAQS for ozone and for NSR reform?

1. Major NSR for the Eight-Hour NAAQS for Ozone
    On April 30, 2004, EPA promulgated regulations (69 FR 23858) that
included requirements for implementing Major NSR for the 1997 eight-
hour ozone NAAQS. On May 25, 2005, the TCEQ adopted SIP revisions to
implement these requirements and submitted them to EPA on June 10,
2005. The EPA disapproved these regulations on September 15, 2010 (75
FR 56424) because the State's regulations did not meet the requirements
of the Act, Federal regulations, and were not consistent with EPA
policy. On March 11, 2011, TCEQ resubmitted the revisions adopted May
25, 2005, and submitted further revisions, adopted February 9, 2011, to
address EPA's September 15, 2010, disapproval. Sections I.B and I.D of
this preamble include further details on TCEQ's submission.
2. NSR Reform
    On December 31, 2002 (67 FR 80186), EPA promulgated its NSR Reform
Program. On November 7, 2003 (68 FR 63021), EPA promulgated a final
action on its reconsideration of the December 31, 2002, NSR Reform
Program's rules. On January 11, 2006, TCEQ adopted its regulations for
NSR Reform and on February 1, 2006, submitted these regulations to EPA
for SIP approval. EPA disapproved these regulations on September 15,
2010 (75 FR 56424) because the State's regulations did not meet the
requirements of the Act, Federal regulations, and were not consistent
with EPA policy. On March 11, 2011, TCEQ resubmitted the revisions
adopted January 11, 2006, and submitted further revisions, adopted
February 9, 2011, to address the grounds for EPA's September 15, 2010,
disapproval. On February 22, 2012, TCEQ proposed additional revisions
to these regulations and requested that EPA parallel process these
revisions with the revisions submitted March 11, 2011, based upon the
revisions that TCEQ proposed February 22, 2012. The TCEQ adopted these
proposed revisions on July 25, 2012, and submitted them to EPA on
August, 29, 2012. Finally, TCEQ submitted a letter dated May 3, 2012,
to

EPA to meet its Federal NSR Reform Program demonstration requirements
that provides its interpretation of certain NSR Reform rules to further
clarify and ensure implementation consistent with the Federal NSR
Reform Program. Sections I.B and I.D of this preamble include further
details of what TCEQ submitted.

B. What changes did Texas submit?

    On March 11, 2011, the TCEQ submitted the following revisions to
the Texas SIP:
     New Source Review for Eight-Hour Ozone Standard; Rule
Project Number 2005-009-116-AI, adopted May 25, 2005. These revisions
were originally submitted on June 10, 2005. EPA disapproved these SIP
revisions on September 15, 2010, 75 FR 56424. The revisions submitted
March 11, 2011, included the resubmittal of the 2005 revisions in order
to reinstate before us for a new action, the rules that we disapproved
in 2010.
     Federal New Source Review Permit Rules Reform; Rule
Project Number 2006-010-116-PR, adopted January 11, 2006. These
revisions were originally submitted on February 1, 2006. EPA
disapproved these SIP revisions on September 15, 2010, 75 FR 56424. The
revisions submitted March 11, 2011, included the resubmittal of the
2006 revisions in order to reinstate before us for a new action, the
rules that we disapproved in 2010.
     New Source One-Hour Ozone Major Source Thresholds and
Emission Offsets; Rule Project Number 2008-030-116-PR, were adopted
February 9, 2011, and submitted March 11, 2011.
     New Source Review (NSR) Reform; Rule Project Number 2010-
008-116-PR, were adopted February 9, 2011, and submitted March 11,
2011.
     NSR Reform Revisions; Rule Project Number 2012-015-116-AI,
were adopted July 25, 2012, and submitted August 29, 2012; which
include revisions proposed February 22, 2012, for parallel processing.
     A letter dated May 3, 2012, which requested that EPA
parallel process the revisions proposed February 22, 2012, and further
included a demonstration showing that certain of its submitted rules
are at least as stringent as the Federal NSR Reform Program.
    Additional information on the submitted SIP revisions is included
in the proposed rulemaking for this final rule and in the Technical
Support Document (TSD) which is located in the docket.\1\
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    \1\ The Technical Support Document is in the docket for this
action as document number EPA-R06-OAR-2011-0332-0008. You can access
this document at http://www.regulations.gov/#!documentDetail;D=EPA-
R06-OAR-2011-0332-0008. After you open this address, click on the
``PDF'' icon to open the document.
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C. Proposal and Public Comments

    On June 20, 2012, EPA proposed to approve these revisions (77 FR
36964). We established a public comment period and requested that
interested parties submit comments on the proposal for a period of 30
days (until July 20, 2012). We received comments from one industry
group and three citizens. We address these comments in section II of
this preamble.

D. Overview of Today's Final Rule

    As discussed above, we reviewed the rules that TCEQ submitted in
two submittals dated March 11, 2011, and August 29, 2012. We proposed
to approve the latter submittal, as proposed by TCEQ on February 22,
2012, using our parallel processing authority. TCEQ adopted the latter
submittal on July 25, 2012, without change from its proposal.
    In summary, we are approving the following revisions that TCEQ
submitted to ensure that the rules are consistent with Federal
requirements and approvable by EPA:

 Anti-backsliding of major NSR SIP requirements for the one-
hour ozone NAAQS, in areas that are also nonattainment for the eight-
hour ozone NAAQS.
 The Federal requirements for applicability of the 8-hour ozone
requirements in non-attainment areas being the date of issuance of the
permit.
 The Plantwide Applicability Limit (PAL) provisions as follows:
    [cir] Limited PALs to existing major stationary sources.
    [cir] Created provisions for PAL re-openings to make corrections
that relating to PAL increases; PAL decreases; new applicable
requirements (for example, NSPS); reductions to PALs to avoid causing
or contributing to a violation to a NAAQS or PSD increment or an
quality related value identified for a Federal Class I area.
    [cir] Created revisions for PAL invalidation for failure to use a
monitoring system prescribed by the PAL.
    [cir] Adopted provisions to clarify that PALs are applicable to
major stationary sources only and the TCEQ added language to require
that all emission units at the major stationary source that emit the
PAL pollutant be included in the PAL permit application.
    [cir] Adopted necessary definition changes for ``baseline actual
emissions'' that specify that the calculations of baseline actual
emissions for a PAL is an average rate.
    [cir] Adopted new definitions for the PAL program specific
monitoring definitions in its rules such as Continuous Emissions
Monitoring System (CEMS), Continuous Emissions Rate Monitoring System
(CERMS), Continuous Parameter Monitoring System (CPMS), and Predictive
Emissions Monitoring System (PEMS).
    [cir] Modified the definition of ``plant-wide applicability limit
effective date'' by removing references to the date a Flexible Permit
was issued.

    TCEQ also provided a clarification letter to EPA on May 3, 2012,
which includes:
     A written demonstration for how the definition of
``plantwide applicability limit'' provides that emission limits in its
PAL Permits meets the Federal requirements for being enforceable as a
practical matter.
     A written demonstration that monitoring data must meet
minimum legal requirements for admissibility in a judicial proceeding
to enforce the PAL.
     A written clarification that the Texas rules provides for
the PAL limit to be enforced on a 12-month rolling average, and that
for compliance purposes, the emission calculations must include
emissions from startups, shutdowns, and malfunctions, including
outlining that their rules require regulated entities, regardless of
whether they have a PAL permit, to record (and in some cases report)
emissions events, which include unscheduled maintenance, startup, and
shutdown (MSS) activity emissions, with additional clarification that
emissions from malfunctions are unauthorized emissions as defined in 30
TAC 101.1(107); therefore, they are unauthorized (non-compliant)
emissions.
    TCEQ also addressed EPA's concerns about several non-PAL aspects of
the major NSR SIP requirements including:
     Explicitly limiting the definition of ``Facility'' to an
emissions unit by adding the clarification language that the use of
``facility'' by adding ``or emissions unit'' to the terms ``facility''
or ``facilities.''
     Revising the definitions of ``baseline emissions'' and
``projected actual emissions'' to require the inclusion of emissions
resulting from startups and shutdowns.

     Revisions to clarify that startup and shutdown emissions
reported under Chapter 101 be included in the calculation of baseline
actual emissions but only to the extent that they have been authorized
or are being authorized to ensure that non-compliant emissions are
excluded from baseline actual emissions.
     Amending the definition of ``projected actual emissions''
by replacing the phrase ``unauthorized emissions from startup and
shutdown activities'' with ``emissions from planned maintenance,
startup, or shutdown activities,'' which were historically unauthorized
and subject to reporting under Chapter 101 to ensure that this
definition is compatible with the definition of ``baseline actual
emissions.''
    We are taking final action to approve these revisions for the
reasons discussed in the EPA's June 20, 2012, proposal, and in our
response to comments discussed in section II. Please refer to the
proposal and the TSD for the additional information on the basis for
this final action.

II. What comments did we receive and what is our response to the
comments?

    We received comments from the Texas Industry Project (TIP) and from
three citizens. These comments and our responses are summarized below.

A. Comment Relating To Invalidation of PAL Permits Because of
Monitoring Malfunctions or Downtime

    Comment. We received a comment from TIP requesting that EPA confirm
that its interpretation of proposed revisions to 30 TAC 116.186(b)(9)
and associated Federal PAL provisions that PAL permits will not be
invalidated because of monitoring malfunctions and other downtime. The
commenter stated that each of these provisions states that ``[f]ailure
to use a monitoring system that meets the requirements of this section
renders the PAL permit invalid'' as stated at 37 Tex. Reg. 1661, 1674
(March 9, 2012); and in the Federal rules at 40 CFR 51.165(f)(12)(i)(D)
and 51.166(w)(12)(i)(d). This would be consistent with TCEQ's
interpretation, which is: ``[T]he phrase `failure to use' in EPA's rule
means failure to install or operate the prescribed monitoring device or
system to operate under a PAL permit, rather than an inadvertent
malfunction or maintenance downtime of the monitoring device or
system.'' See 37 Tex. Reg. at 1663. This also appears to be consistent
with EPA's interpretation. See 75 FR 56424, at 56438 (September 15,
2010) (indicating EPA's intent to require State PAL programs to provide
for ``invalidating the PAL if there is no compliance with the required
monitoring''). This interpretation is also consistent with other PAL
provisions that acknowledge the possibility of monitoring malfunctions
or other downtime. For example, the ``monitoring system'' can rely on
emissions factors. See 40 CFR 51.165(f)(12)(ii)(D) and
51.166(w)(12)(ii)(d); and 30 TAC 116.186(c)(3)(D). The rules also
require recording and reporting maximum emissions ``during any period
of time that there is no monitoring data,'' unless another method is
specified in the permit. See 40 CFR 51.165(f)(12)(vii) and
51.166(w)(12)(vii); and 30 TAC 116.186(b)(8). As another example, the
rules call for periodic reporting of ``deviations or monitoring
malfunctions.'' See 40 CFR 51.165(f)(14)(i)(E) and 51.166(w)(14)(i)(e);
and 30 TAC 116.186(b)(4)(C)(v).
    Response. EPA confirms that the requirements in 30 TAC
116.116(b)(9) do not require PAL permits to be invalidated because of
monitoring malfunctions or maintenance performed in accordance with
applicable Federal regulations and with appropriate backup and
provision for substitute data. EPA's December 31, 2002, NSR Reform
rulemaking provides:

    You will also need to provide calculations for the maximum
potential emissions without considering enforceable emission
limitations or operational restrictions for each unit in order to
determine emissions during periods when the monitoring system is not
in operation or fails to provide data. In lieu of the permit
requiring maximum potential emissions during periods when there is
no monitoring data, you may propose another alternate monitoring
approach as a backup. This backup monitoring, however must still
meet the minimum requirements for the monitoring approaches
prescribed in the regulation.

See 67 FR 80186, at 80213. The requirement is also provided in the
Federal PAL rule at 40 CFR 51.165(f)(12)(vii) and 51.166(w)(12)(vii).
The Federal PAL rule contemplates circumstances when the monitoring
system is not in operation or fails to provide data (such as during
periods of malfunction or maintenance) during which the PAL permit need
not be invalidated when the applicant either provides calculations for
the maximum potential emissions without considering enforceable
emission limitations or operational restrictions for each unit in order
to determine emissions or uses another alternate monitoring approach
that meet the minimum requirements for the monitoring approaches
prescribed in the regulation.
    TCEQ outlined in its July 25, 2012, adoption, the following:

    Any invalidation of a PAL permit will be subject to necessary
and appropriate procedures in the Texas statutes and TCEQ rules.
Texas Water Code (TWC), Sec.  7.302, regarding Grounds for
Revocation or Suspension of Permit, provides the commission the
authority to suspend or reissue a permit on prescribed grounds after
notice and hearing. Prior to any invalidation of a PAL permit, the
commission anticipates enforcement action that could include a
request for revocation.

See the August 29, 2012, submittal of revisions to 30 TAC
116.186(b)(9), final rule, Section by Section Discussion, on pages 9-
10. Furthermore, the requirements relating to periods when monitoring
data are not available because of monitoring malfunctions or
maintenance are included in 30 TAC 116.186(b)(8) which provides that
during the absence of monitoring data, ``[a] source owner or operator
shall record and report maximum potential emissions without considering
enforceable emission limitations or operational restrictions for a
facility during any period of time that there is no monitoring data,
unless another method for determining emissions during such periods is
specified in the PAL permit special conditions.'' The requirements of
30 TAC 116.186(b)(8) are approvable because they meet the requirements
of 40 CFR 51.165(f)(12)(vii) and 51.166(w)(12)(vii) as discussed above.

B. Comment Relating to Interference With Attainment, Reasonable Further
Progress, or Any Other Applicable Requirement of the Act

    Comment. TIP commented that it supports EPA's proposed approval of
each applicable Texas regulation because these regulations comply with
the Federal Clean Air Act and are important components of Texas's
stationary source permitting program. TIP further agrees with EPA's
analysis that the Texas PAL rules are environmentally protective
because they ``will generally be established at a level that is lower
than the allowable emissions established in the pre-existing permit''
and ``create[] [an] incentive for an owner or operator to create room
for growth.'' See 77 FR 36964, at 36979.
    Response. EPA acknowledges the above comment.

C. General Comments

    EPA received three comments from citizens on this proposed rule.
Each of these comments relates to the proposed

New Source Performance Standard (NSPS) for Greenhouse Gases which is
outside the scope of this action.

III. Final Action

    Under section 110(k)(3) and parts C and D of the Act and for the
reasons stated above, EPA approves the following revisions to the Texas
SIP:
     Revisions to 30 TAC 116.12--Nonattainment and Prevention
of Significant Deterioration Review Definitions--adopted May 25, 2005,
submitted June 10, 2005, and resubmitted March 11, 2011; revisions
adopted January 11, 2006, submitted February 1, 2006, and resubmitted
March 11, 2011; two revisions adopted February 9, 2011, submitted March
11, 2011; revisions adopted July 25, 2012, and submitted August 29,
2012; and the letter from TCEQ to EPA dated May 3, 2012, which
clarifies TCEQ's interpretation of 30 TAC 116.12(22).
     Revisions to 30 TAC 116.115--General and Special
Conditions--adopted February 9, 2011, and submitted March 11, 2011.
     New 30 TAC 116.127--Actual to Projected Actual and
Emission Exclusion Test for Emissions--adopted January 11, 2006,
submitted February 1, 2006 (as 30 TAC 116.121) and resubmitted March
11, 2011; and revisions adopted February 9, 2011, and submitted March
11, 2011, which redesignated this section to 30 TAC 116.127.
     Revisions to 30 TAC 116.150--New Major Source or Major
Modification in Ozone Nonattainment Area--adopted May 25, 2005,
submitted June 10, 2005, and resubmitted March 11, 2011; revisions
adopted January 11, 2006, submitted February 1, 2006, and resubmitted
March 11, 2011; and revisions adopted July 25, 2012, and submitted
August 29, 2012.
     Revisions to 30 TAC 116.151--New Major Source or Major
Modification in Nonattainment Areas Other Than Ozone--adopted January
11, 2006, submitted February 1, 2006, and resubmitted March 11, 2011
(without further revision); and revisions adopted July 25, 2012, and
submitted August 29, 2012.
     New 30 TAC 116.180--Applicability--adopted January 11,
2006, submitted February 1, 2006, and resubmitted March 11, 2011;
revisions adopted February 9, 2011, and submitted March 11, 2011; and
revisions adopted July 25, 2012, and submitted August 29, 2012.
     New 30 TAC 116.182--Plant-Wide Applicability Permit--
adopted January 11, 2006, submitted February 1, 2006, and resubmitted
March 11, 2011; and revisions adopted February 9, 2011, and submitted
March 11, 2011.
     New 30 TAC 116.184--Application Review Schedule--adopted
January 11, 2006, submitted February 1, 2006, and resubmitted March 11,
2011 (without further revision).
     New 30 TAC 116.186--General and Specific Conditions--
adopted January 11, 2006, submitted February 1, 2006, and resubmitted
March 11, 2011; revisions adopted February 9, 2011, and submitted March
11, 2011; revisions adopted July 25, 2012, and submitted August 29,
2012; and the letter from TCEQ to EPA dated May 3, 2012, which
clarifies TCEQ's interpretation of 30 TAC 116.186.
     New 30 TAC 116.188--Plant-Wide Applicability Limit--
adopted January 11, 2006, submitted February 1, 2006, and resubmitted
March 11, 2011; and revisions adopted February 9, 2011, and submitted
March 11, 2011.
     New 30 TAC 116.190--Federal Nonattainment and Prevention
of Significant Deterioration Review--adopted January 11, 2006,
submitted February 1, 2006, and resubmitted March 11, 2011; and
revisions adopted February 9, 2011, and submitted March 11, 2011.
     New 30 TAC 116.192--Amendments and Alterations--adopted
January 11, 2006, submitted February 1, 2006, and resubmitted March 11,
2011; and revisions adopted February 9, 2011, and submitted March 11,
2011.
     New 30 TAC 116.196--Renewal of a Plant-Wide Applicability
Limit Permit--adopted January 11, 2006, submitted February 1, 2006; and
resubmitted March 11, 2011 (without further revision).
     New 30 TAC 116.198--Expiration or Voidance--adopted
January 11, 2006, submitted February 1, 2006, and resubmitted March 11,
2011 (without further revision).
    EPA is also amending the second table under 40 CFR 52.2270(e)
entitled ``EPA Approved Nonregulatory and Quasi-Regulatory Measures in
the SIP'' to include TCEQ's May 3, 2012, ``Letter of explanation and
interpretation of the Texas SIP for NSR Reform.''
    Finally, EPA is amending 40 CFR 52.2273(d) to remove the references
to rules that were disapproved September 15, 2010, and which are now
approved in this action.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this notice merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this final action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must

submit a rule report, which includes a copy of the rule, to each House
of the Congress and to the Comptroller General of the United States.
EPA will submit a report containing this action and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. A major rule cannot take effect until
60 days after it is published in the Federal Register. This action is
not a ``major rule'' as defined in 5 U.S.C. 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 24, 2012.
    Filing a petition for reconsideration by the Administrator of this
final rule does not affect the finality of this action for purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Carbon monoxide, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Sulfur oxides, Volatile organic
compounds.

    Dated: October 11, 2012.
Samuel Coleman,
Acting Regional Administrator, Region 6.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart SS--Texas

0
2. Section 52.2270 is amended as follows:
0
a. The table in paragraph (c) entitled ``EPA Approved Regulations in
the Texas SIP'' is amended as follows:
0
i. By revising the entries under ``Chapter 116 (Reg 6)--Control of Air
Pollution by Permits for New Construction or Modification'' for
Sections 116.12, 116.115, 116.150, and 116.151.
0
ii. By adding a new entry for Section 116.127 in numerical order under
Chapter 116 (Reg 6), Subchapter B--New Source Review Permits, and
Division 1--Permit Application.
0
iii. By adding a new heading immediately following the entry for
Section 116.176 entitled ``Subchapter C--Plant-Wide Applicability
Limits'', followed by a new heading entitled ``Division 1--Plant-Wide
Applicability Limits'', followed by new entries for Sections 116.180,
116.182, 116.184, 116.186, 116.188, 116.190, 116.192, 116.196, and
116.198.
0
b. Paragraph (e) is amended by adding a new entry for ``Letter of
explanation and interpretation of the Texas SIP for NSR Reform'' at the
end of the second table in paragraph (e) entitled ``EPA Approved
Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas
SIP.''

Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

                                    EPA-Approved Regulations in the Texas SIP
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                                                      State approval/
        State citation             Title/Subject       submittal date    EPA approval date       Explanation
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                                                  * * * * * * *
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          Chapter 116 (Reg 6)--Control of Air Pollution by Permits for New Construction or Modification
----------------------------------------------------------------------------------------------------------------
                                            Subchapter A--Definitions
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Section 116.12...............  Nonattainment and             7/25/2012  10/25/2012, [Insert  The SIP includes
                                Prevention of                            FR page number       TCEQ's letter
                                Significant                              where document       dated 5/3/2012,
                                Deterioration                            begins].             which explains and
                                Review Definitions.                                           clarifies TCEQ's
                                                                                interpretation of
                                                                                the definition of
                                                                                ``plant-wide
                                                                                applicability
                                                                                limit'' in
                                                                                paragraph (22).

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                     Subchapter B--New Source Review Permits
----------------------------------------------------------------------------------------------------------------
                                         Division 1--Permit Application
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Section 116.115..............  General and Special            2/9/2011  10/25/2012, [Insert
                                Conditions.                              FR page number
                                                                         where document
                                                                         begins].

                                                  * * * * * * *
Section 116.127..............  Actual to Projected            2/9/2011  10/25/2012, [Insert
                                Actual and Emission                      FR page number
                                Exclusion Test for                       where document
                                Emissions.                               begins].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                        Division 5--Nonattainment Review
----------------------------------------------------------------------------------------------------------------
Section 116.150..............  New Major Source or           7/25/2012  10/25/2012, [Insert
                                Major Modification                       FR page number
                                in Ozone                                 where document
                                Nonattainment Area.                      begins].
Section 116.151..............  New Major Source or           7/25/2012  10/25/2012, [Insert
                                Major Modification                       FR page number
                                in Nonattainment                         where document
                                Area Other than                          begins].
                                Ozone.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                  Subchapter C--Plant-wide Applicability Limits
----------------------------------------------------------------------------------------------------------------
                                   Division 1--Plant-wide Applicability Limits
----------------------------------------------------------------------------------------------------------------
Section 116.180..............  Applicability.......          7/25/2012  10/25/2012, [Insert
                                                                         FR page number
                                                                         where document
                                                                         begins].
Section 116.182..............  Plant-Wide                     2/9/2011  10/25/2012, [Insert
                                Applicability Limit                      FR page number
                                Permit Application.                      where document
                                                                         begins].
Section 116.184..............  Application Review            1/11/2006  10/25/2012, [Insert
                                Schedule.                                FR page number
                                                                         where document
                                                                         begins].
Section 116.186..............  General and Specific          7/25/2012  10/25/2012, [Insert  The SIP includes
                                Conditions.                              FR page number       TCEQ's ``Letter of
                                                                         where document       explanation and
                                                                         begins].             interpretation of
                                                                                the Texas SIP for
                                                                                NSR Reform'' dated
                                                                                5/3/2012, which
                                                                                explains and
                                                                                clarifies TCEQ's
                                                                                interpretation of
                                                                                paragraphs (a),
                                                                                (b)(9) and (c)(2).
Section 116.188..............  Plant-Wide                     2/9/2011  10/25/2012, [Insert
                                Applicability Limit.                     FR page number
                                                                         where document
                                                                         begins].
Section 116.190..............  Federal                        2/9/2011  10/25/2012, [Insert
                                Nonattainment and                        FR page number
                                Prevention of                            where document
                                Significant                              begins].
                                Deterioration
                                Review.
Section 116.192..............  Amendments and                 2/9/2011  10/25/2012, [Insert
                                Alterations.                             FR page number
                                                                         where document
                                                                         begins].
Section 116.196..............  Renewal of Plant-             1/11/2006  10/25/12, [Insert
                                Wide Applicability                       FR page number
                                Limit Permit.                            where document
                                                                         begins].
Section 116.198..............  Expiration and                1/11/2006  10/25/2012, [Insert
                                Voidance.                                FR page number
                                                                         where document
                                                                         begins].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *
* * * * *

              EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                        Applicable           State
      Name of SIP  provision          geographic or     submittal date/  EPA approval date         Comments
                                    nonattainment area  effective date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Letter of explanation and          Statewide..........        5/3/2012  10/25/2012, [Insert  Letter dated 5/3/
 interpretation of the Texas SIP                                         FR page number       2012 from TCEQ to
 for NSR Reform.                                                         where document       EPA explains and
                                                                         begins].             clarifies TCEQ's
                                                                                interpretation of
                                                                                section
                                                                                116.12(22); and
                                                                                section
                                                                                116.186(a),
                                                                                (b)(9), and
                                                                                (c)(2).
----------------------------------------------------------------------------------------------------------------

* * * * *

0
3. Section 52.2273(d) is amended as follows:
0
a. By removing paragraphs (d)(1)(ii) through (iii).
0
b. By removing and reserving paragraphs (d)(2) through (3).
0
c. By removing and reserving paragraphs (d)(4)(i) through (vii).
0
d. By removing paragraphs (d)(4)(ix) through (x).

Sec.  52.2273  Approval status.

* * * * *
    (d) * * *
* * * * *
    (2)-(3) [Reserved]
    (4) * * *
    (i)-(vii) [Reserved]
* * * * *
[FR Doc. 2012-26094 Filed 10-24-12; 8:45 am]
BILLING CODE 6560-50-P


SF-83 SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

NSPS for Metal Coil Surface Coating (40 CFR part 60, subpart TT)
(Renewal)

1.  Identification of the Information Collection

	1(a)  Title of the Information Collection

	NSPS for Metal Coil Surface Coating (40 CFR part 60, subpart TT)
(Renewal)

	1(b)  Short Characterization/Abstract

	The New Source Performance Standards (NSPS) for the regulations
published at 40 CFR part 60, subpart TT were proposed on January 5, 1981
and promulgated on November 1, 1982.  These regulations apply to the
following surface coating lines in the metal coil surface coating
industry: each prime coat operation, each finish coat operation, and
each prime and finish coat operation cured simultaneously where the
finish coat is applied wet on wet over the prime coat.  These
regulations apply to metal coil coating facilities commencing
construction, modification or reconstruction after the date of proposal.
 This information is being collected to assure compliance with 40 CFR
part 60, subpart TT.

	In general, all New Source Performance Standards (NSPS) require initial
notifications, performance tests, and periodic reports.  Owners or
operators are also required to maintain records of the occurrence and
duration of any startup, shutdown, or malfunction in the operation of an
affected facility, or any period during which the monitoring system is
inoperative.  These notifications, reports, and records are essential in
determining compliance, and are required of all sources subject to NSPS.

	Any owner or operator subject to the provisions of this part shall
maintain a file of these measurements, and retain the file for at least
two 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 United States Environmental Protection
Agency (EPA) regional office.

	Approximately 158 sources are currently subject to the regulation, and
it is estimated that no additional sources per year will become subject
to the regulation in the next three years.  These numbers are based on
previous experience with the industry and a recent search of the
Agency’s Air Facility Subsystem (AFS) data base.

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

2.  Need for and Use of the Collection

	2(a)  Need/Authority for the Collection

	The Clean Air Act (Act) provides authority to the Agency to establish
standards to control air pollution and to ensure compliance with
promulgated regulations through adequate recordkeeping and reporting by
the affected industries (i.e., respondents).  The regulations include
the New Source Performance Standards (NSPS) under section 111 of the
Act, the National Emission Standards for Hazardous Air Pollutants (
NESHAP) which includes the original NESHAP standards and the more recent
Maximum Achievable Control Technology (MACT) or NESHAP-MACT standards
under section 112 of the Act, and emission guidelines for the designated
types incinerators under section 129 of the Act.

	2(b)  Practical Utility/Users of the Data

	The recordkeeping and reporting requirements in the standard(s) are
used by regulatory agencies, the public and the regulated community for
a variety of reasons including the determination of the respondent’s
compliance status, analytical studies to demonstrate compliance trends,
and evaluations regarding the efficacy of the promulgated regulations.

	The required recordkeeping and reporting are also used to: 1) certify
compliance with the regulations; 2) determine the respondent’s
compliance with the designated emission limitation(s); 3) notify
regulatory agencies when a standard is violated; 4) evaluate continuous
compliance through the use of emission or operational parameter
monitors; and 5) ensure that plant personnel are following the required
procedures and are periodically trained, as indicated.

3.  Nonduplication, Consultations, and Other Collection Criteria

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

	3(a)  Nonduplication

	The standards do not require duplication in the collection and
reporting of information.  If the subject standards have not been
delegated, the information is sent directly to the appropriate
Environmental Protection Agency (EPA) regional office.  Otherwise, the
information is sent directly to the delegated state or local agency.  If
a state or local agency has adopted its 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.

	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 on May 6, 2005 (70 FR 24020).  No
comments were received on the burden published in the Federal Register.

	3(c)  Consultations

	The Agency has taken a number of steps to determine if consultations
are needed to estimate the burden to industry.  Any comments received
since the last ICR renewal including those submitted in response to the
first federal register notice announcing the renewal of this ICR have
been reviewed.  The Agency’s internal industry experts have been
consulted.  The Agency’s internal data sources and any projections of
industry growth over the next three years have been considered.  Based
on this information, we have concluded that additional consultations
would not change our estimate of burden.

	The Agency’s primary source of information as reported by industry,
in compliance with the recordkeeping and reporting provisions in the
standard, is the AFS (Air Facility Subsystem) which is operated and
maintained by EPA's Office of Compliance.  AFS is EPA’s database for
the collection, maintenance, and retrieval of all compliance data.
Approximately 158 respondents are currently subject to the regulation,
and our consultations with Agency industry experts regarding the growth
rate for the industry indicated that an additional zero respondents per
year will become subject to the regulation over the next three years.

	It should be noted that the respondents, the industry trade
association(s) and other interested parties were provided an opportunity
to comment on the burden associated with the standard as it was being
developed and the standard has been previously reviewed to determine the
minimum information needed for compliance purposes.

	3(d)  Effects of Less Frequent Collection

	The effect of less frequent collection would be a decrease in the
margin of assurance that facilities are achieving the emission
reductions mandated by the CAA through the promulgation of the
applicable regulations.  In addition, the likelihood of detecting the
poor operation and maintenance of control equipment decreases and the
detection of noncompliance becomes problematic.

	3(e)  General Guidelines

	Neither the reporting nor recordkeeping requirements violate the
regulations established by Office of Management and Budget (OMB) at 5
CFR part 1320, section 1320.5.  However, most NESHAP standards and a few
NSPS standards require records to be kept more than three years.  In
general, these standards require the respondents to maintain all
records, including reports and notifications, for five years.  The
five-year record retention requirement is consistent with the permit
program at 40 CFR part 70, 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 the respondent for purposes of determining the
appropriate level of enforcement action.  Historically, EPA notes that
the most flagrant violations have extended beyond a five-year period.
If records are retained for less than five years, EPA would be deterred
from pursuing the most flagrant violations due to the destruction of
records documenting noncompliance.

	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 (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 recordkeeping and reporting requirements do not contain sensitive
questions.

4.  The Respondents and the Information Requested

	4(a)  Respondents/SIC Codes

	The respondents to the recordkeeping and reporting requirements are
facilities that conduct surface coating of metal coils.  The United
States Standard Industrial Classification (SIC) code for the respondents
affected by the standards is SIC 3479 that corresponds to the North
American Industry Classification System (NAICS) 332812 for Metal
Coating, Engraving (Except Jewelry and Silverware), and Allied Services
to Manufacturing.

	4(b)  Information Requested

		(i)  Data Items

	All data in this ICR that is recorded and/or reported is required by 40
CFR part 60, subpart TT.

	A source must make the following reports:

Reports for 40 CFR Part 60, Subpart TT

Construction/reconstruction	60.7(a)(1)

Anticipated startup 	60.7(a)(2)

Actual startup	60.7(a)(3)

Initial performance test results	60.8(a), 60.465(b)

Initial performance test	60.8(d), 60.465(b)

Demonstration of continuous monitoring system	60.7(a)(5)

Physical or operational change	60.7(a)(4)

	A source must maintain the following records:

Recordkeeping for 40 CFR Part 60, Subpart TT

Startups, shutdowns, malfunctions, periods where the continuous
monitoring system is inoperative	60.7(b)

Excess emissions report 	60.7(c), 60.465(c), 60.465(d)

Monthly performance test of volume-weighted average emissions of VOCs
kg/l of coating solids applied	60.463(b), 60.463(c)

Record average VOC content of coatings applied monthly	60.464(a),
60.464(b)

For thermal incineration: install, calibrate, maintain, and operate
temperature monitoring device	60.464(c)

Records are required to be retained for 2 years.  The first two years of
records must be retained at the facility.	60.7(f), 60.465(e)

For catalytic incineration: maintain daily records of upstream and
downstream gas temperature	60.465(e)

Maintain daily records of incinerator combustion temperature, or amounts
of solvent recovered	60.464(c), 60.465(e)

Electronic Reporting

	At the present, many respondents to CAA standards use monitoring
equipment that automatically records parameter data.  Although personnel
at the affected facility must evaluate the data, this internal
automation has significantly reduced the burden associated with
monitoring and recordkeeping at the plant site.

	Also regulatory agencies, in cooperation with the respondents, continue
to create reporting systems to transmit data electronically.  However,
electronic reporting systems are still not widely used.  At this time,
it is estimated that approximately ten percent of the respondents use
electronic reporting.

		(ii)  Respondent Activities

Respondent Activities

Read instructions.

Install, calibrate, maintain, and operate a device that continuously
records the combustion temperature of any effluent gases incinerated to
achieve compliance.

Perform initial performance test, Reference Method 24, Reference Method
25, or data provided by the formulator of the coating, 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.

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

	5(a)  Agency Activities

	EPA conducts one or more of 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,
and excess emissions reports, required to be submitted by industry.

Audit facility records.

Input, analyze, and maintain data in the AIRS (Aerometric Information
Retrieval System) Facility Subsystem (AFS) database.

	5(b)  Collection Methodology and Management

	The required data and reports can be evaluated on-site by conducting a
partial compliance evaluation, full compliance evaluation or inspection,
or thru an off-site review of compliance monitoring records and reports.
 Evaluation reports and inspection results are maintained by the Agency
or delegated authority.

	The results of these evaluations are entered into the Air Facility
Subsystem (AFS) which is operated and maintained by EPA's Office of
Compliance.  AFS is EPA’s database for the collection, maintenance,
and retrieval of compliance data for approximately 125,000 industrial
and government-owned facilities.  EPA uses the AFS for tracking air
pollution compliance and enforcement by local and state regulatory
agencies, EPA regional offices and EPA headquarters.  EPA and delegated
authorities can retrieve and analyze the data.

	5(c)  Small Entity Flexibility

	A majority of the affected facilities are large entities (e.g., large
businesses).  However, the impact on small entities (i.e., small
businesses) was taken into consideration during the development of the
regulation.  Due to technical considerations involving the process
operations and the types of control equipment employed, the
recordkeeping and reporting requirements are the same for both small and
large entities.  The Agency considers these requirements the minimum
needed to ensure compliance and, therefore, cannot reduce them further
for small entities.  To the extent that larger businesses can use
economies of scale to reduce their burden, the overall burden will be
reduced.

	5(d)  Collection Schedule

	The specific frequency for each information collection activity within
this request is shown in Table 1, attached.

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.
The individual burdens are expressed under standardized headings
believed to be consistent with the concept of burden under the Paperwork
Reduction Act.  Where 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 respondent burden is shown in Table 1. The labor hours in Table 1
are based on Agency studies and background documents from the
development of the regulation, Agency knowledge and experience with the
standard, 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	$97.46   ($46.41 + 110%)

		Technical	$83.71   ($39.86 + 110%)

		Clerical	$42.55   ($20.26 + 110%)

	These rates are from the United States Department of Labor, Bureau of
Labor Statistics, March 19, 2005, “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 types of industry costs associated with the information collection
activity in the regulations are labor and Continuous Emission Monitors
(CEMs).  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 Costs,

(B X C)	(E)

Annual O&M Cost for One Respondent	(F)

Number of Respondents with O&M	(G)

Total O&M Costs,

(E X F)

Temperature	$8,000	0	$0	$2,100	158	$331,800

	The total capital/startup costs for this ICR is the total of column D.
This is shown on the OMB 83-I form in block 14(a), Total annualized
capital/startup costs.

	The total operation and maintenance (O&M) costs for this ICR is the
total of column G.  This is shown on the OMB 83-I form in block 14(b),
Total annual costs (O&M).

	The total respondent costs in block 14 have been calculated as the
addition of the capital/startup costs, and the annual operation and
maintenance costs.  The average annual costs for capital/startup and
operation and maintenance costs to industry over the next three years of
the ICR is shown on the OMB 83-I form in block 14(c), Total annualized
cost requested.  The numbers in block 14 of the OMB 83-I form are
rounded to show the cost in thousands of dollars.

	6(c)  Estimating Agency Burden and Cost

	The only costs to the Agency are those associated with analysis of the
reported information.  EPA's overall compliance and enforcement program
includes activities such as the examination of records maintained by the
respondents and the publication and distribution of collected
information.

	The average annual Agency cost during the three years of the ICR is
shown in Table 2, attached.

	This cost is based on the average hourly labor rate as follows:

		Managerial	$56.02   (GS-13, Step 5, $35.01 x 1.6)

		Technical	$41.57   (GS-12, Step 1, $25.98 x 1.6)

		Clerical	$22.50   (GS-6, Step 3, $14.06 x 1.6)

These rates are from the Office of Personnel Management (OPM) “2005
General Schedule” which excludes locality rates of pay.

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

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

Number of Respondents

	Respondents That Submit Reports	Respondents That Do Not Submit Any
Reports

	Year	(A)

Number of New Respondents 1	(B)

Number of Existing Respondents	(C)

Number of Existing Respondents That Keep Records but Do Not Submit
Reports	(D)

Number of Existing Respondents That Are Also New Respondents	(E)

Number of Respondents

(E=A+B+C-D)

1	0	158	0	0	158

2	0	158	0	0	158

3	0	158	0	0	158

Average	0	158	0	0	158

	1 New respondents include sources with constructed, reconstructed and
modified affected facilities.

	To avoid double-counting respondents column D is subtracted.  The
average Number of Respondents over the three-year period of this ICR is
shown in column D.  This number appears on the OMB 83-I form in block
13(a), Number of respondents.

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

Total Annual Responses

(A)

Information Collection Activity	(B)

Number of Respondents	(C)

Number of Responses	(D)Number of Existing Respondents That Keep Records
But Do Not Submit Reports	(E)

Total Annual Responses

E=(BxC)+D

Notification of construction/reconstruction	0	1	0	0

Notification of performance test	0	1.2	0	0

Notification of actual startup 	0	1	0	0

Report of performance test	0	1.2	0	0

Emissions report	158	2	0	316

Temperature variance report	126	0.5	0	63

	Total	379

	The number of Total Annual Responses is shown in column E.  This number
is shown on the OMB 83-I form in block 13(b), Total annual responses.

	The Total Hours Requested is shown on the OMB 83-I form in block 13(c).
 The total annual labor cost may be found in Table 1.

	The average annual Agency burden and cost over next three years is
shown in Table 2.

	6(e)  Bottom Line Burden Hours and Cost Tables

	The detailed bottom line burden hours and cost calculations for the
respondents and the Agency are shown in Tables 1 and 2, respectively.

		(i)  Respondent Tally

	The Total Hours Requested is shown on the OMB 83-I form in block 13(c).
 The annual labor costs are not shown on the OMB 83-I form.  Details
regarding these estimates may be found in Table 1.  Furthermore, the
annual public reporting and recordkeeping burden for this collection of
information is estimated to average 41 hours per response.

	The total annual capital/startup and O&M costs to the regulated entity
are shown on the OMB 83-I form in block 14(c), Total annualized cost
requested.  The cost calculations are detailed in Section 6(b)(iii),
Capital/Startup vs. Operation and Maintenance (O&M) Cost.

		(ii) The Agency Tally

	The average annual Agency burden hours and cost over next three years
is shown in Table 2.

	6(f)  Reasons for Change in Burden

	The increase in burden from the most recently approved ICR is due to an
adjustment.  The adjustment increase in burden from the most recently
approved ICR is due to an expansion of the burden and cost calculations
to include managerial and clerical labor rates.  The increase in O&M
costs is due to an increase in equipment maintenance costs.

	6(g)  Burden Statement

	The annual public reporting and recordkeeping burden for this
collection of information is estimated to average 41 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; to 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; to adjust the existing ways to comply with any
previously applicable instructions and requirements; to train personnel
to be able to respond to a collection of information; to search data
sources; to complete and review the collection of information; and to
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 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-2005-0037, which is available for public viewing at the
Enforcement and Compliance Docket and Information Center in the EPA
Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution Avenue,
NW, Washington, D.C.  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 is
(202) 566-1752.  An electronic version of the public docket is available
at   HYPERLINK "http://www.regulations.gov"  www.regulations.gov . This
site can be used to submit or view public comments, to access the index
listing of the contents of the public docket, and to access those
documents in the public docket that are available electronically.  When
in the system, select “search,” then key in the Docket ID Number
identified above.  You can also send comments to the Office of
Information and Regulatory Affairs, Office of Management and Budget, 725
17th Street, N.W., Washington, D.C. 20503, Attention: Desk Officer for
EPA.  Please include the EPA Docket ID Number EPA-HQ-OECA-2005-0037 and
OMB Control Number 2060-0107 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:  NEW SOURCE PERFORMANCE
STANDARD (NSPS) - METAL COIL SURFACE COATING FACILITIES, 40 CFR PART 60,
SUBPART TT

	REPORTING/

RECORDKEEPING REQUIREMENT	Hours/

Occurrence

(A)	Occurrences/  Year

(B)	Hours/Year   (C=AxB)

 (C)	Respondents/

Year

(D)	Technical

Person Hours

(E=CxD)

	Managerial

Person Hours

(Ex0.05)	Clerical Person Hours

(Ex0.10)	Total Costs/Year

(F)

1.	APPLICATIONS	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A

2.	SURVEY AND STUDIES	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A

3.	REPORTING REQUIREMENTS

	a.	Read Instructions	1	1	1	0	0	0	0	$0

	b.	Required Activities

	Initial Performance Tests	60	1	60	0	0	0	0	$0

	Repeat of Performance Tests	60	0.2	12	0	0	0	0	$0

	c.	Gather Existing Information

------------------------Included in 3b----------------------------

	d.	Write Report

	Notification of Construction/Reconstruction	2	1	2	0	0	0	0	$0

	Notification of Initial Performance Test	2	1	2	0	0	0	0	$0

	Notification of Actual Startup	2	1	2	0	0	0	0	$0

	Report of Performance Test

------------------------Included in 3b----------------------------

	Emissions Report	5	2	10	158	1,580	79	158	$146,684

	Temperature Variance Report	4	0.5	2	126	252	12.6	25.2	$23,395

4.	RECORDKEEPING REQUIREMENTS

	a.	Read Instructions

------------------------Included in 3a----------------------------

	b.	Plan Activities

------------------------Included in 3b----------------------------

	c.	Implement Activities (Monthly Performance Test)	1	12	12	158	1,896
94.8	189.6	$176,021

	d.	Develop Record System	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A

	Records of Operating Parameter	0.25	250	62.5	158	9,875	493.8	987.5
$916,780

	SUBTOTAL ANNUAL BURDEN

	13,603	680	1,360	$1,262,880

	GRAND TOTAL

15,643

Assumptions

Number of facilities 158

Rate of failed performance tests 20%

Percentage of facilities that use incineration 80%

Each plant files an excess emission report every other year and a no
exceedance report twice a year.

Assume operation 250 days per year as specified in the NSPS review
document.

Technical labor rate $83.71

Managerial labor rate $97.46

Clerical labor rate $42.55

TABLE 2:  ANNUAL AGENCY BURDEN AND COST:  NEW SOURCE PERFORMANCE
STANDARD (NSPS) - METAL COIL SURFACE COATING FACILITIES, 40 CFR PART 60,
SUBPART TT

REPORTING/RECORDKEEPING REQUIREMENT	EPA Hours/Occurrence    (A)
Occurrences/Plant/Year    (B)	EPA Hours/  Year (C=A*B)	Plants/Year

(D)	Technical Person Hours

(E=CxD)	Managerial Person Hours

(Ex0.05)	Clerical Person Hours

(Ex0.10)	Total Costs/Year

(F)

INITIAL PERFORMANCE TESTS

New Plant	24	1	24	0	0	0	0	$0

REPEAT PERFORMANCE TEST

New Plant	24	0.2	4.8	0	0	0	0	$0

REPORT REVIEW

New Plant

	Notification of Construction	2	1	2	0	0	0	0	$0

	Notification of Initial Startup	0.5	1	0.5	0	0	0	0	$0

	Notification of Actual Startup	0.5	1	0.5	0	0	0	0	$0

	Notification of Initial Test	0.5	1.2	0.6	0	0	0	0	$0

	Review Test Results	8	1.2	9.6	0	0	0	0	$0

	Existing Plant

	VOC Emissions Reports	2	2	4	158	632	31.6	63.2	$29,464

	Temperature Reports	2	0.5	1	126	126	6.3	12.6	$5,874

SUBTOTAL ANNUAL BURDEN

	758	37.9	75.8	$35,338

GRAND TOTAL

871.7

Assumptions

Number of new plants (per year) 0

Rate of failed performance tests 20%

Percentage of sources that use incineration 80%

Time required to participate with performance test (hours per plant) 24

Time require to review construction notification (hours) 2

Time required to review startup and initial test notifications (hours)
0.5

Time required to review performance test results (hours) 8

Technical labor rate $56.02

Managerial labor rate $41.57

Clerical labor rate $22.50

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