  SEQ CHAPTER \h \r 1 SUPPORTING STATEMENT

NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS (NESHAP) FOR
CLAY CERAMICS MANUFACTURING, GLASS MANUFACTURING, AND SECONDARY
NONFERROUS METALS PROCESSING AREA SOURCES

PART A

1.	Identification of the Information Collection

(a)	Title and Number of the Information Collection.

	“National Emission Standards for Hazardous Air Pollutants (NESHAP)
for Clay Ceramics Manufacturing, Glass Manufacturing, and Secondary
Nonferrous Metals Processing Area Sources.”  This is a new information
collection request (ICR), and the EPA tracking number for the final rule
is 2274.02.

 (b)	Short Characterization.

	This ICR covers information collection requirements in the final area
source rules for Clay Ceramics Manufacturing (40 CFR part 63, subpart
RRRRRR), Glass Manufacturing (40 CFR part 63, subpart SSSSSS), and
Secondary Nonferrous Metals Processing (40 CFR part 63, subpart TTTTTT).

	The potential respondents are owners or operators of any existing or
new clay ceramics manufacturing facility, glass manufacturing facility,
or secondary nonferrous metals processing facility that is an area
source of hazardous air pollutants (HAP) emissions.  There are an
estimated 51 facilities subject to the NESHAP for the Clay Ceramics
Manufacturing area source category, an estimated 21 facilities subject
to the NESHAP for the Glass Manufacturing area source category, and an
estimated 10 facilities subject to the NESHAP for the Secondary
Nonferrous Metals Processing area source category.  The affected source
at a clay ceramics facility includes all kilns that fire glazed ceramic
ware and all glaze spray booths that use an atomizing (spray)
application technique.  The affected sources at a glass manufacturing
facility are the continuous glass melting furnaces.  The affected source
at a secondary nonferrous metals processing facility is the collection
of all furnace melting operations and crushing and screening operations
(if applicable) located at a secondary nonferrous metals processing
facility.  Clay ceramics, glass manufacturing, and secondary nonferrous
metals processing facilities are currently well-controlled in terms of
urban metal HAP emissions as a result of State and national standards,
permitting requirements, and management practices already taken by the
industry to reduce urban metal HAP.

Under the final Clay Ceramics Manufacturing area source rule, affected
sources will be subject to a series of equipment standards and/or
management practices.  Affected sources will be required to maintain the
peak temperature of kilns that fire glazed ceramic ware below 2800°F
and either use natural gas, or an equivalent clean-burning fuel (e.g.,
propane), as the kiln fuel; alternatively, affected sources will have
the option of using an electric-powered kiln.  Affected sources will
also be required to maintain annual wet glaze usage records to document
whether the facility’s wet glaze usage is above or below 250 tons per
year (tpy).  Affected sources located at a facility that uses more than
250 tpy of wet glaze will be required to route emissions from their
glaze spray booths to an air pollution control device (APCD) and operate
and maintain the APCD according to the equipment manufacturer’s
specifications; alternatively, affected sources could use glazes
containing less than 0.1 (weight) percent HAP metals.  Affected sources
located at a facility that uses 250 tpy or less of wet glaze will be
required to employ waste minimization practices (e.g., high-volume,
low-pressure (HVLP) spray equipment); alternatively, affected sources
could comply with the equipment standard or management practice listed
for facilities using more than 250 tpy of wet glaze.

Compliance requirements for clay ceramics facilities include conducting
daily checks of the kiln peak firing temperature; conducting initial and
periodic control device inspections, conducting daily visible emissions
(VE) tests, or complying with EPA-approved alternative monitoring
requirements for glaze spray booths; submitting initial notifications of
applicability and compliance status; and maintaining records of
monitoring and inspection data and notifications submitted to EPA.
Existing and new sources will also be subject to requirements in the
General Provisions (40 CFR Part 63, Subpart A), as specifically noted.

Under the final Glass Manufacturing area source rule, owners and
operators of continuous glass melting furnaces that produce at least 50
tpy of glass containing one or more HAP metal compounds as raw materials
will be required to meet emission limits.  Owners and operators of
affected furnaces will be required to conduct a one-time performance
test on each affected furnace to demonstrate compliance with the
emission limits.  However, if the furnace had been tested within the
previous 5 years and the test demonstrated compliance with the emission
limits in the final Glass Manufacturing area source rule, no additional
testing will be required.  Owners and operators will be allowed to
demonstrate compliance for identical furnaces by testing only one of the
furnaces.

For any existing affected furnace that is controlled with an
electrostatic precipitator (ESP), the final rule also will require
monitoring of secondary voltage and electrical current to each field of
the ESP.  For any existing affected furnace that is controlled with a
fabric filter, the final rule also will require monitoring of the fabric
filter inlet temperature.  The required monitoring must be performed any
time the affected furnace is producing glass that is charged with one or
more of the glass manufacturing metal HAP and also during all transition
phases from glass containing metal HAP to glass that does not contain
metal HAP (i.e., until all HAP-containing glass has left the furnace
melter).  The rule will require monitoring systems to measure the
appropriate parameter at least every 15 minutes, and the average value
will have to be recorded at least once every 8-hour shift.  For any new
affected furnace controlled with an ESP, the owner or operator will have
to install a continuous parameter monitoring system (CPMS) that
continuously measures and records the secondary voltage and electrical
current to each field of the ESP.  For any new affected furnace
controlled with a fabric filter, the owner or operator will have to
install a bag leak detection system.  Owners and operators of any
affected existing or new furnaces also will be required to conduct
annual inspections of furnace emission control devices and monitoring
systems.

The final Glass Manufacturing area source rule will require affected
facilities to submit an Initial Notification and a Notice of Compliance
Status.  Affected facilities also will be required to keep records of
glass production and control device and monitoring system operation and
maintenance activities, including annual inspections.

Under the final Secondary Nonferrous Metals area source rule, affected
sources will be required to install a capture system that collects the
particulate and fumes released at each crushing and screening operation
and duct those emissions to a particulate matter (PM) control device
that achieves a specified control efficiency or outlet PM concentration.
 Affected sources will also be required to install, operate, and
maintain one or more fabric filter/cartridge collector baghouses on each
furnace melting operation.

For a new or existing affected source with a crushing or screening
operation, the final rule will require a daily visual inspection,
including airflow verification, of the associated capture device.  For
an existing affected source with furnace melting operations, the final
rule will require a daily visible emissions check or a daily visual bag
inspection of each baghouse.  For a new affected source with furnace
melting operations, the final rule will require owners and operators to
install, operate, and maintain a bag leak detection system for each
baghouse used to comply with the standards.  Owners and operators of any
new affected source will also be required to conduct a daily check of
each bag leak detection system.  The final rule will also require
affected facilities to submit initial notifications of applicability and
compliance status.  Existing and new sources will also be subject to
requirements in the General Provisions (40 CFR Part 63, Subpart A), as
specifically noted.

The information collection requirements for existing and new sources in
the Clay Ceramics Manufacturing, Glass Manufacturing, and Secondary
Nonferrous Metals Processing source categories are listed in Attachments
1A, 1B, and 1C.

2.	Need For and Use of the Collection

(a)	Need/Authority for the Collection.

	Section 112 of the Clean Air Act (CAA) requires EPA to establish NESHAP
for both major and area sources of HAP that are listed for regulation
under CAA section 112(c).  An area source is a stationary source that is
not a major source (i.e., an area source does not emit and does not have
the potential to emit more than 10 tpy of any single HAP and more than
25 tpy of any combination of HAP).  Requirements for area sources in CAA
sections 112(c)(3) and 112(k) direct EPA to (1) identify at least 30 air
toxics that present the greatest potential health threat in the largest
number of urban areas and (2) to identify sufficient area source
categories to ensure that sources representing 90 percent or more of the
emissions of the 30 “listed” HAP are subject to regulation.  EPA
implements these requirements through the Integrated Urban Air Toxics
Strategy (64 FR 38715, July 19, 1999).  EPA added Glass Manufacturing
and Secondary Nonferrous Metals to the Integrated Urban Air Toxics
Strategy area source category list on June 26, 2002 (67 FR 43112) and
added Clay Products Manufacturing on November 22, 2002 (67 FR 70428).
The Clay Products Manufacturing area source category was later split
into the two categories of Brick and Structural Clay Products (BSCP)
Manufacturing and Clay Ceramics Manufacturing to better match the
categories already scheduled to be regulated by major source NESHAP.
The Clay Ceramics Manufacturing area source category is being addressed
in the area source rule currently being issued, while the BSCP
Manufacturing area source category will be addressed in a future action.
 The initial listing of the Clay Ceramics Manufacturing area source
category was based on emissions of chromium, manganese, nickel, and
lead, while the initial listing of the Glass Manufacturing area source
category was based on emissions of arsenic, cadmium, chromium, lead,
manganese, and nickel.  The initial listing of the Secondary Nonferrous
Metals Processing area source category was based on emissions of
arsenic, chromium, lead, manganese, mercury, and nickel.  Each of these
HAP metals is on the list of 30 HAP identified in the 1999 strategy.

Under  CAA section 112(d)(5), EPA may elect to promulgate HAP standards
for area sources based on the use of generally available control
technology (GACT) or management practices used by the sources.  EPA can
consider costs and economic impacts in determining GACT, which is
particularly important when developing regulations for source categories
that may have few establishments and many small businesses, or when
determining whether additional control is needed for sources that are
already well-controlled as a result of other air emissions standards.

	Certain records and reports are necessary for the Administrator to
confirm the compliance status of area sources, identify any new or
reconstructed sources subject to the standards, and confirm that the
standards are being achieved on a continuous basis.  These recordkeeping
and reporting requirements are specifically authorized by section 114 of
the Clean Air Act (42 U.S.C. 7414) and set out in the part 63 NESHAP
General Provisions.  The recordkeeping and reporting requirements for
title V permits are contained in 40 CFR 70.6 and 40 CFR 71.6.  Under
parts 63 and 70 or 71, the owner or operator must keep each record for 5
years following the date of each occurrence, measurement, maintenance,
corrective action, report, or record.

 (b)	Use/Users of the Data.

	The information will be used by the delegated authority (State agency
or Regional Administrator if there is no delegated State agency) to
ensure that the standards and other requirements are being achieved.
Based on review of the recorded information at the site and the reported
information, the delegated permitting authority can identify facilities
that may not be in compliance and decide which facilities, records, or
processes may need inspection.

3.	Nonduplication, Consultations, and Other Collection Criteria

(a)	Nonduplication.

A computer search of EPA’s ongoing ICRs revealed no duplication of
information-gathering efforts.

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

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

(c)	Consultations.

The final rules were developed in consultation with individual
companies, State agencies, and trade associations.  The non-EPA persons
consulted on the information collection activities are identified in
Table 1.

TABLE 1.  PERSONS CONSULTED ON THE INFORMATION COLLECTION ACTIVITIES

Contact	Applicable subpart	Organization	Telephone number

Greg Andrews	Subpart RRRRRR	R.T. Vanderbilt Co., Ceramic Manufacturers
of America (CerMA)<PHONE_NUMBER>

Eric Astrachan

Tile Council of North America (TCNA)<PHONE_NUMBER>

Todd Barson

Ferro Corp., CerMA<PHONE_NUMBER>

Mike Cassidy

Kohler Co.<PHONE_NUMBER>, ext. 77263

Bob Hurt

Dal-Tile Corp.<PHONE_NUMBER>

Myra Warne

Society of Glass and Ceramic Decorators, CerMA<PHONE_NUMBER>

Steve Wiederwax

American Marazzi Tile, Inc.<PHONE_NUMBER>

John Brown	Subpart SSSSSS

	Glass Manufacturing Industry Council (GMIC)<PHONE_NUMBER>

Marshall Bullard

Automotive Components Holdings

	Joe Kane

Corning Inc.<PHONE_NUMBER>

Kurt Kissling

Pepper Hamilton LLP<PHONE_NUMBER>

Patricia Pride

PPG Industries, Inc.<PHONE_NUMBER>

Phil Ross

Glass Packaging Institute (GPI)<PHONE_NUMBER>

Pamela Rygalski

Pilkington NA<PHONE_NUMBER>

Michael Turnbull

Guardian Industries<PHONE_NUMBER>

John Bullock	Subpart TTTTTT	International Precious Metals Institute
(203) 784-3181

Merideth Curren

Pease & Curren, Inc.<PHONE_NUMBER>

Roger Fumey

Atlas Pacific Corporation<PHONE_NUMBER>

Christopher Kiser

Magretech, Inc.<PHONE_NUMBER>

James Mallory

Non-Ferrous Founders’ Society<PHONE_NUMBER>

George Phillips

Sipi Metals Corp.<PHONE_NUMBER>

Charles Tatakis

Metalor Technologies USA Refining Corp.<PHONE_NUMBER>, ext. 224

(d)	Effects of Less Frequent Collection.

	If the relevant information were collected less frequently, the
delegated permitting authority (State or EPA) will not be reasonably
assured that a facility is in compliance with the standards.

(e)	General Guidelines.

	None of the guidelines in 5 CFR 1320.6 are being exceeded.

(f)	Confidentiality.

	All 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 39999, September 28, 1978; 43 FR
42251, September 28, 1978; 44 FR 17674, March 23, 1979).

(g)	Sensitive Questions.

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

4.	The Respondents and the Information Requested

(a)	Respondents/NAICS Codes.

Potential respondents under Subpart RRRRRR are owners or operators of
any existing or new clay ceramics manufacturing facility that is an area
source of HAP emissions.  The North American Industry Classification
System (NAICS) codes for clay ceramics manufacturing are 327111, 327112,
and 327122.  There are an estimated 51 facilities subject to the NESHAP
for the Clay Ceramics Manufacturing area source category; no new clay
ceramics area sources are expected during the 3year period of this ICR.

Potential respondents under Subpart SSSSSS are owners or operators of
any existing or new glass manufacturing facility that is an area source
of HAP emissions.  The NAICS codes for glass manufacturing are 327211,
327212, and 327213.  There are an estimated 21 facilities subject to the
NESHAP for the Glass Manufacturing area source category; no new glass
area sources are expected to be affected sources during the 3year period
of this ICR.

Potential respondents under Subpart TTTTTT are owners or operators of
any existing or new secondary nonferrous metals processing facility that
is an area source of HAP emissions and emits arsenic, chromium, lead,
manganese, or nickel.  The NAICS code for secondary nonferrous metals
processing is 331492.  This area source category was originally
established under SIC code 3341, a broader classification which included
brass and bronze ingot makers.  The corresponding NAICS code for brass
and bronze ingot makers is 331423.  There are an estimated 10 facilities
subject to the NESHAP for the Secondary Nonferrous Metals Processing
area source category; no new secondary nonferrous metals area sources
are expected during the 3-year period of this ICR.

(b)	Information Requested.

	(i)  Data Items, Including Recordkeeping Requirements.  Attachments
1A,1B, and 1C, Information Requirements, summarize the data items,
including recordkeeping and reporting requirements, for the Clay
Ceramics Manufacturing, Glass Manufacturing, and Secondary Nonferrous
Metals Processing area source categories.

	(ii)  Respondent Activities.  The respondent activities required by the
final Clay Ceramics Manufacturing, Glass Manufacturing, and Secondary
Nonferrous Metals Processing rules are identified in Tables 2A, 2B, and
2C and are introduced in section 6(a).

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

(a)	Agency Activities.

	The Agency activities associated with the final Clay Ceramics
Manufacturing, Glass Manufacturing, and Secondary Nonferrous Metals
Processing rules are provided in Tables 3A, 3B, and 3C and are
introduced in section 6(c).

(b)	Collection Methodology and Management.

	Data and records maintained by the respondents are tabulated and
published for use in compliance and enforcement programs of the
delegated permitting authority.  The notifications of compliance status
and monitoring records required under the final rules are used for
problem identification, as a check on source operation and maintenance,
and for compliance determinations.  EPA is the permitting authority
until the State agency is delegated authority to implement the final
rules.  Therefore, information contained in the reports submitted to the
Regional Administrator will be entered into the Air Facility System
(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 its
delegated authorities can edit, store, retrieve and analyze the data.

(c)	Small Entity Flexibility.

	The Small Business Administration defines a small entity as a firm
having no more than 500 to 750 employees for Clay Ceramics
Manufacturing, less than 750 to 1,000 employees for Glass Manufacturing,
and less than 750 employees for Secondary Nonferrous Metals Processing
depending on the size definition for the affected NAICS code.  There
will not be adverse impacts on any small entities in the Clay Ceramics
Manufacturing, Glass Manufacturing, and Secondary Nonferrous Metals
Processing area source categories.  The final Clay Ceramics
Manufacturing rule does not create any new requirements or burdens for
existing sources other than minimal notification requirements.  The
final Glass Manufacturing rule will require additional costs for
21 glass manufacturing facilities, but only three of those facilities
will be expected to install control devices and incur costs beyond those
associated with annual inspections of control devices; only one of these
facilities is a small business.  The final Secondary Nonferrous Metals
Processing rule does not create any new requirements or burdens for
existing sources other than minimal notification requirements.

(d)	Collection Schedule.

	The specific frequency for each information collection activity within
this request is shown in Tables 2A, 2B, and 2C for the Clay Ceramics
Manufacturing, Glass Manufacturing, and Secondary Nonferrous Metals
Processing area source categories.

6.	Estimating the Burden and Cost of the Collection

(a)	Estimating Respondent Burden.

	The annual burden estimates for the final Clay Ceramics NESHAP, Glass
Manufacturing NESHAP, and Secondary Nonferrous Metals Processing NESHAP
are shown in Tables 2A, 2B, and 2C.  These numbers were derived from
estimates based on EPA’s experience with other standards.  No burden
estimates are provided for new area sources because no new facilities
are expected to become affected sources during the 3year period of this
ICR.

(b)	Estimating Respondent Costs.

	The information collection activities for the final Clay Ceramics
NESHAP, Glass Manufacturing NESHAP, and Secondary Nonferrous Metals
Processing NESHAP are presented in Tables 2A, 2B, and 2C.  Because the
data are already collected by respondents as required by the existing
permit requirements, no respondent development costs are associated with
the information collection activities.

(i)  Estimating Labor Costs.  Labor rates and associated costs are based
on Bureau of Labor Statistics (BLS) data.  Technical, management, and
clerical average hourly rates for private industry workers were taken
from the United States Department of Labor, Bureau of Labor Statistics,
December 2005, “Table 2. Civilian Workers, by occupational and
industry group” available at   HYPERLINK
"http://www.bls.gov/news.release/ecec.t02.htm"
http://www.bls.gov/news.release/ecec.t02.htm .  Wages for occupational
groups are used as the basis for the labor rates with a total
compensation of $41.89/hour for technical, $48.09/hour for managerial,
and $20.86/hour for clerical.  These rates represent salaries plus
fringe benefits and do not include the cost of overhead.  An overhead
rate of 110 percent is used to account for these costs.  The
fully-burdened hourly wage rates used to represent respondent labor
costs are:  technical at $87.98, management at $100.98, and clerical at
$43.80.

	(ii)  Estimating Capital and Operations and Maintenance (O&M) Costs.
Although the final Clay Ceramics NESHAP includes requirements for
facilities to install and operate control devices, HVLP spray equipment,
and monitoring systems, it has been determined that existing clay
ceramics facilities are already in compliance with the requirements of
the final NESHAP.  Capital and O&M costs were not estimated for new
sources because no new sources are expected during the next 3-year
period.  Therefore, no (zero) capital and O&M costs are associated with
the final Clay Ceramics NESHAP during the 3-year period of this ICR.

	The capital costs associated with the information collection
requirements of the final Glass Manufacturing NESHAP will include the
costs to purchase and install monitoring systems, conduct performance
tests, and purchase file cabinets for keeping records.  Monitoring
systems will need to be installed on three existing furnaces that will
be subject to the rule and will require emission controls to meet the
emission limits.  We estimate that one of the new control systems will
be an ESP and will require systems to monitor secondary voltage and
electrical current to each field of the ESP.  We estimate that fabric
filters will be installed on the other two existing furnaces that will
need emission controls to meet the standard; for the fabric filters,
systems for monitoring inlet temperature will be required.  The final
rule will require a one-time performance test on each affected furnace.
However, this requirement will be waived if the furnace had been tested
within the previous 5 years, and the test demonstrated compliance with
the emission limit in the final Glass Manufacturing Area Source NESHAP.
We assumed that performance tests will be required only on the three
existing affected furnaces installing a control device.  The O&M costs
associated with the final Glass Manufacturing NESHAP include the costs
of conducting annual inspections of control systems on affected sources.
 It is assumed that there are a total of 27 affected sources at the 21
facilities subject to the final Glass Manufacturing NESHAP and that 13
of the 27 affected sources can meet the required emission limit without
a control device.  Therefore, it is assumed that these control device
inspections will be conducted on each of the remaining 14 affected
furnaces annually.

	Although the final Secondary Nonferrous Metals Processing NESHAP
includes requirements for facilities to install and operate capture
devices, control devices, and monitoring systems, it has been determined
that existing secondary nonferrous metals facilities are already in
compliance with the requirements of the final NESHAP.  Capital and O&M
costs were not estimated for new sources because no new sources are
expected during the next 3-year period.  Therefore, no (zero) capital
and O&M costs are associated with the final Secondary Nonferrous Metals
Processing NESHAP during the 3-year period of this ICR.

	(iii)  Annualizing Capital Costs.  No capital costs are associated with
the final Clay Ceramics NESHAP or the final Secondary Nonferrous Metals
Processing NESHAP.  Therefore, no (zero) annualized capital costs are
associated with the final Clay Ceramics NESHAP or the final Secondary
Nonferrous Metals Processing NESHAP during the 3-year period of this
ICR.  For the final Glass Manufacturing NESHAP, the annualized capital
costs include the costs for monitoring systems, performance tests, and
file cabinets.

(c)	Estimating Agency Burden and Cost.

	Because the information collection requirements were developed as an
incidental part of standards development, no costs can be attributed to
the development of the information collection requirements.  Because
reporting and recordkeeping requirements on the part of the respondents
are required under the operating permits rules in 40 CFR part 70 or part
71 and the part 63 NESHAP General Provisions, no operational costs will
be incurred by the Federal Government.  Publication and distribution of
the information are part of the Compliance Data System, with the result
that no Federal costs can be directly attributed to the ICR.
Examination of records to be maintained by the respondents will occur
incidentally as part of the periodic inspection of sources that is part
of EPA’s overall compliance and enforcement program, and, therefore,
is 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, as presented in Tables 3A, 3B, and 3C for Clay
Ceramics Manufacturing, Glass Manufacturing, and Secondary Nonferrous
Metals Processing.

	The Agency labor rates are from the Office of Personnel Management
(OPM) 2006 General Schedule which excludes locality rates of pay.  These
rates can be obtained from Salary Table 2006-GS available on the OPM
website,   HYPERLINK "http://www.opm.gov/oca/06tables/html/gs_h.asp"
http://www.opm.gov/oca/06tables/html/gs_h.asp . The government employee
labor rates are $14.35/hour for clerical (GS-6, Step 3), $26.53 for
technical (GS-12, Step 1), and $35.75/hr for management (GS-13, Step 5).
 These rates were increased by 60 percent to include fringe benefits and
overhead.  The fully-burdened wage rates used to represent Agency labor
costs are:  clerical at $22.96; technical at $42.45, and management at
$57.20.

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

There are an estimated 51 existing facilities subject to the Clay
Ceramics Manufacturing area source NESHAP.  No new sources are expected
during the next 3 years.  Consequently, the average number of Clay
Ceramics respondents during the 3-year period of this ICR is 17.  There
are an estimated 21 existing glass manufacturing area source facilities
that will be subject to the final rule, and none of the new glass
manufacturing facilities expected to begin operations during the next 3
years are expected to be subject to the rule.  Therefore, the average
number of Glass Manufacturing respondents during the 3-year period of
this ICR is 7.  There are an estimated 10 existing facilities subject to
the Secondary Nonferrous Metals Processing area source NESHAP.  No new
sources are expected during the next 3 years.  Consequently, the average
number of Secondary Nonferrous Metals respondents during the 3-year
period is 3.

The only components of the total annual responses attributable to this
ICR for the Clay Ceramics NESHAP and the Secondary Nonferrous Metals
Processing NESHAP are one-time initial notifications of applicability
and compliance status for each existing facility.  For the final Glass
Manufacturing NESHAP, the components of the total annual responses
attributable to this ICR are one-time initial notifications and one-time
notifications of compliance status for the 21 facilities that will be
subject to the rule.

The number of total annual responses for subpart RRRRRR is estimated as:
 34 (17 annual average respondents × 2 notifications).  The number of
total annual responses for subpart SSSSSS is estimated as:  14 (7 annual
average respondents × 2 notifications).  The number of total annual
responses for subpart TTTTTT is estimated as:  6 (3 annual average
respondents × 2 notifications).

 (e)	Bottom Line Burden Hours and Cost Tables.

	(i)  Respondent Tally.  The bottom line respondent burden hours and
costs, presented in Tables 2A, 2B, and 2C are calculated by adding
person-hours per year down each column for technical, managerial, and
clerical staff, and by adding down the cost column.

The average annual burden for the monitoring, recordkeeping, and
reporting requirements in subpart RRRRRR for the 51 existing facilities
subject to the Clay Ceramics Manufacturing area source NESHAP is 196
person-hours, with an annual average cost of $16,560 and no capital and
O&M costs.

The average annual burden for the monitoring, recordkeeping, and
reporting requirements in subpart SSSSSS for the 21 existing glass
manufacturing area sources is 190 person-hours, with an annual average
cost of $16,126 and annualized capital and O&M costs of $12,964.

The average annual burden for the monitoring, recordkeeping, and
reporting requirements in part TTTTTT for the 10 existing facilities
subject to the Secondary Nonferrous Metals Processing area source NESHAP
is 15 person-hours, with an annual average cost of $1,299 and no capital
and O&M costs.

The total annual burden for the three source categories is 401 hours at
$33,985, with annualized capital and O&M costs of $12,964.

	(ii)  The Agency Tally.  The average annual Federal Government cost is
$4,856 for 117 hours for subpart RRRRRR, $3,261 for 67 hours for
subpart SSSSSS, and $318 for 7 hours for subpart TTTTTT.  The total
annual Federal Government cost associated with the three final rules is
$8,435 for 191 total annual hours.  The bottom line Agency burden hours
and costs presented in Tables 3A, 3B, and 3C for the three final rules
are calculated by adding person-hours per year down each column for
technical, managerial, and clerical staff, and by adding down the cost
column.

	(iii)  Variations in the Annual Bottom Line.  This section does not
apply since no significant variation is anticipated.

(f)	Reasons for Change in Burden.

	This section does not apply because this is a new ICR.

 (g)	Burden Statement.

	The average annual respondent burden for the final NESHAP for clay
ceramics manufacturing area sources is estimated at 196 hours.  The
average annual respondent burden for the final NESHAP for glass
manufacturing area sources is estimated at 190 hours.  The average
annual respondent burden for the final NESHAP for secondary nonferrous
metals processing area sources is estimated at 15 hours.

Burden means the total time, effort, or financial resources expended by
persons to generate, maintain, retain, or disclose or provide
information to or for a Federal agency.  This includes the time needed
to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to comply
with any previously applicable instructions and requirements; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.

	An agency may not conduct or sponsor, and a person is not required to
respond to a collection of information unless it displays a currently
valid OMB control number.  The OMB control numbers for EPA’s
regulations in 40 CFR part 63 are listed in 40 CFR part 9.

	To comment on the Agency’s need for this information the accuracy of
the provided burden estimates, and any suggestions for minimizing
respondent burden, including through the use of automated collection
techniques, EPA has established a public docket for this ICR under
Docket ID Nos. EPA-HQ-OAR-2006-0424 (Clay Ceramics),
EPA-HQ-OAR-2006-0360 (Glass), and EPA-HQ-OAR-2006-0940 (Secondary
Nonferrous Metals) which are available for online viewing at   HYPERLINK
"http://www.regulations.gov"  http://www.regulations.gov , or in person
viewing at the Air and Radiation Docket and Information Center in the
EPA Docket Center (EPA/DC), EPA West, Room B-102, 1301 Constitution
Ave., NW, Washington, DC.  The EPA Docket Center Public Reading Room is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays.  The telephone number for the Reading Room is<PHONE_NUMBER>,
and the telephone number for the Air Docket is<PHONE_NUMBER>.  An
electronic version of the public docket is available at   HYPERLINK
"http://www.regulations.gov."  http://www.regulations.gov.   This site
can be used to submit or view public comments, 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 one of the Docket ID Numbers
identified above.  Also, you can send comments to the Office of
Information and Regulatory Affairs, Office of Management and Budget, 725
17th Street, NW, Washington, DC 20503, Attention Desk Officer for EPA.
Please include the relevant Docket ID Number (EPA-HQ-OAR-2006-0424,
EPA-HQ-OAR-2006-0360, or EPA-HQ-OAR-2006-0940) in any correspondence.

PART B

	This section is not applicable because statistical methods are not used
in data collection associated with the final rules.TABLE 2A.  ANNUAL
RESPONDENT BURDEN AND COST--NESHAP FOR CLAY CERAMICS MANUFACTURING AREA
SOURCES

Burden item	(A) Person-hours per occurrence	(B)  No. of occurrences per
respondent	(C) Person-hours per respondent (C=A*B)	(D) Respondents per
yeara	(E) Technical person-hours per year (E=C*D)	(F) Management
person-hours per year

 (E*0.05)	(G) Clerical person-hours per year (E*0.1)	(H) Costb, $

1.  Applications	N/A

	2.  Surveys and Studies	N/A

	3.  Acquisition, Installation, and Utilization of Technology

     and Systems	N/A

	4.  Reporting Requirements

A.  Read instructions	4	1	4	17	68	3.4	6.8	$6,624

B.  Required activities

     Initial notification of applicability	2	1	2	17	34	1.7	3.4	$3,312

     Notification of compliance status	4	1	4	17	68	3.4	6.8	$6,624

C.  Create information	See 4B

	D.  Gather existing information	See 4B

	E.  Write report	See 4B

	5.  Recordkeeping Requirements

A.  Read instructions	See 4A

	B.  Plan activities	See 4A

	C.  Implement activities	See 4A

	D.  Record datac	N/A

	E.  Time to transmit or disclose informationc	N/A

	F.  Time to train personnelc	N/A

	G.  Time for auditsc	N/A

	TOTAL LABOR BURDEN AND COST

196 hours	$16,560

N/A = not applicable.

a There are an estimated 51 existing clay ceramics facilities subject to
the area source NESHAP.  No new sources are projected during the 3-year
term of this ICR.  Therefore, the average number of respondents per year
is 17 (51÷3=17).

b This ICR uses the following labor rates: $100.98 for managerial labor,
$87.98 for technical labor, and $43.80 for clerical labor.  These rates
are from the U.S. Department of Labor, Bureau of Labor Statistics,
December 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% to account for the benefit packages available to
those employed by private industry.

c No hours or costs are associated with this item because the rule
imposes no additional burden for this item.

TABLE 2B.  ANNUAL RESPONDENT BURDEN AND COST--NESHAP FOR GLASS
MANUFACTURING AREA SOURCES

Burden item	(A) Person-hours per occurrence	(B)  No. of occurrences per
respondent	(C) Person-hours per respondent (C=A*B)	(D) Respondents per
year	(E) Technical person-hours per year (E=C*D)	(F) Management
person-hours per year

 (E*0.05)	(G) Clerical person-hours per year (E*0.1)	(H) Cost, $a

1.  Applications	N/A

	2.  Surveys and Studies	N/A

	3.  Acquis., Install., and Util. of Technology  and Systems	N/A

	4.  Reporting Requirements

A.  Read instructionsb	2	1	2.0	7.0	14.0	0.7	1.4	$1,364

B.  Required activities

     Initial notification of applicabilityc	2	1	2.0	7.0	14.0	0.7	1.4
$1,364

     Notification of compliance statusd	4	1	4.0	7.0	28.0	1.4	2.8	$2,727

C.  Create information	See 4B

	D.  Gather existing information	See 4B

	E.  Write report	See 4B

	5.  Recordkeeping Requirements

A.  Read instructionse	2	1	2.0	7.0	14.0	0.7	1.4	$1,364

B.  Plan activities	See 5E

	C.  Implement activities	See 5E

	D.  Record dataf	0.1	1,095	109.5	0	0	0	0	$0

E.  Time to transmit or disclose informationg	0.25	3.3	0.8	14.0	11.6	0.6
1.2	$1,125

F.  Time to train personnelh	12	1	12.0	7.0	84.0	4.2	8.4	$8,182

G.  Time for audits	N/A

	TOTAL LABOR BURDEN AND COST

190 hours	$16,126

TOTAL NUMBER OF ANNUAL RESPONSESi	14

	ANNUAL CAPITAL COSTS

      Performance testsj

$8,740

      Monitoring equipmentk

$5,603

      File cabinetsl

$1,645

      Total annual capital

$15,988

ANNUALIZED CAPITAL COSTSm

      Performance tests (5 yr life, 7% interest; CRF =0.2439)

$2,130

      Monitoring equipment (10 yr life, 7% interest; CRF =0.1424)

$800

      File cabinets (15 yr life, 7% interest; CRF =0.1098)

$180

      Total annualized capital

$3,110

TOTAL ANNUAL COSTS (O&M)n

$9,854

TOTAL ANNUALIZED COSTS (Annualized capital + O&M costs)

$12,964

N/A = not applicable.

a  This ICR uses the following labor rates: $100.98 for managerial
labor, $87.98 for technical labor, and $43.80 for clerical labor.  These
rates are from the U.S. Department of Labor, Bureau of Labor Statistics,
December 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% to account for the benefit packages available to
those employed by private industry.

b  There are an estimated 21 existing glass manufacturing facilities
that use HAP metals and no new facilities are expected; the average
number expected to read the rule during the 3-yr ICR clearance period is
21/3 = 7.

c  Each of the 21 existing noted above would be required to submit an
Initial Notification.

d  The estimated 21 existing plants that use HAP compounds as raw
materials and would be required to submit Notifications of Compliance
Status, for an average of 21/3 = 7 per year for the 3-yr ICR compliance
period.

e  The estimated 21 existing plants would be required to keep records of
the notifications and other records, or an average of 21/3 = 7 per year
during the 3-yr ICR compliance period.

f  It is assumed that 13 of the 27 affected furnaces can meet the
emission limit without installation of a control device.  It is assumed
that each of the remaining 14 affected furnaces have automatic
monitoring and recording systems.

g  Transmittals will include Initial Notifications for 21 plants and
Notifications of Compliance Status for 21 plants, for an average of
(21+21)/3 = 14 for each year of the 3-yr ICR clearance period.

h  Training will be required for one person at each of the 21 affected
plants or an average of 21/3=7 per year over the 3-yr clearance period.

i  The total annual number of responses is calculated by summing the
product of columns B and D for each of the reports listed in 4E.

j  Assumes emission tests will be conducted on 3 furnace control systems
or 3/3 = 1.0 affected sources per year using Method 5 at an average cost
of $8,740 per test.

k  Monitoring equipment will be needed for the 3 new emission control
systems:  1 system for monitoring ESP voltage and current at $9,570 per
system, and 2 systems for monitoring fabric filter inlet temperature at
$3,620 per system; an average of 1 system will be installed per year
during the 3-yr ICR clearance period.

l  Assumes one standard four-drawer file cabinet for each of the 21
facilities, or an average of 21/3=7 per year required to maintain
records at a cost of $235 per cabinet.

m  Annualized costs are calculated by multiplying the capital recovery
factor (CRF) by the capital cost.  CRF=(i)*(1+i)^t/((1+i)^t-1) where i =
interest rate (%) and t = equipment life (years).

n  Costs of annual inspections of emission control systems, assuming 8
hr per inspection for each of the 14 affected furnaces with a control
device.

TABLE 2C.  ANNUAL RESPONDENT BURDEN AND COST--NESHAP FOR SECONDARY
NONFERROUS METALS PROCESSING AREA SOURCES

Burden item	(A) Person-hours per occurrence	(B)  No. of occurrences per
respondent	(C) Person-hours per respondent (C=A*B)	(D) Respondents per
yeara	(E) Technical person-hours per year (E=C*D)	(F) Management
person-hours per year

 (E*0.05)	(G) Clerical person-hours per year (E*0.1)	(H) Costb, $

1.  Applications	N/A

	2.  Surveys and Studies	N/A

	3.  Acquisition, Installation, and Utilization of Technology

     and Systems	N/A

	4.  Reporting Requirements

A.  Read instructions	2	1	2	3	7	0.3	0.7	$649

B.  Required activities

     Initial notification of applicability	1	1	1	3	3	0.2	0.3	$325

     Notification of compliance status	1	1	1	3	3	0.2	0.3	$325

C.  Create information	See 4B

	D.  Gather existing information	See 4B

	E.  Write report	See 4B

	5.  Recordkeeping Requirements

A.  Read instructions	See 4A

	B.  Plan activities	See 4A

	C.  Implement activities	See 4A

	D.  Record datac	N/A

	E.  Time to transmit or disclose informationc	N/A

	F.  Time to train personnelc	N/A

	G.  Time for auditsc	N/A

	TOTAL LABOR BURDEN AND COST

15 hours	$1,299

N/A = not applicable.

a There are an estimated 10 existing secondary nonferrous metals
processing facilities subject to the area source NESHAP.  No new sources
are projected during the 3-year term of this ICR.  Therefore, the
average number of respondents per year is 3 (10÷3=3).

b This ICR uses the following labor rates: $100.98 for managerial labor,
$87.98 for technical labor, and $43.80 for clerical labor.  These rates
are from the U.S. Department of Labor, Bureau of Labor Statistics,
December 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% to account for the benefit packages available to
those employed by private industry.

c No hours or costs are associated with this item because the rule
imposes no additional burden for this item.

TABLE 3A.  ANNUAL BURDEN AND COST TO THE AGENCY--NESHAP FOR CLAY
CERAMICS MANUFACTURING AREA SOURCES

Burden item	(A) Person-hours per occurrence	(B) Occurrences per
respondent	(C) Facilities per year a	(D) Technical person-hours/year
(D=A*B*C)	(E) Management   person-hours/year (E=0.05*D)	(F) Clerical
person-hours/year (F=0.1*D)	 (G) Costb, $

Report Review:

	  Initial notification of applicability	2	1	17	34	1.7	3.4	$1,619

  Notification of compliance status	4	1	17	68	3.4	6.8	$3,237

TOTAL BURDEN AND COST

117 hours 	$4,856

a  There are an estimated 51 existing clay ceramics manufacturing
facilities subject to the area source NESHAP.  No new sources are
projected during the 3-year term of this ICR.  Therefore, the average
number of respondents per year is 17 (51÷3=17).  No travel is expected.

b  This ICR uses the following average hourly labor rates: $57.20 for
managerial (GS-13, Step 5, $35.75 x 1.6), $42.45 (GS-12, Step 1, $26.53
x 1.6) for technical and $22.96 (GS-6, Step 3, $14.35 x 1.6) for
clerical.  These rates are from the Office of Personnel Management (OPM)
2006 General Schedule, which excludes locality rates of pay.

TABLE 3B.  ANNUAL BURDEN AND COST TO THE AGENCY--NESHAP FOR GLASS
MANUFACTURING AREA SOURCES

Burden item	(A) Person-hours per occurrence	(B) Occurrences per
respondent	(C) EPA person-hours/year (C=A*B)	(D) Facilities per year	(E)
Technical person-hours/year (E=C*D)	(F) Management   person-hours/year
(F=0.05*E)	(G) Clerical person-hours/year (G=0.1*E)	(H) Costa, $

Attend performance testb	16	1	16.0	1.0	16.0	0.8	1.6	$762

Report Review:

  Initial notification of applicabilityc	2	1	2.0	7.0	14.0	0.7	1.4	$666

  Notification of performance testd

  Notification of compliance statuse	4	1	4.0	7.0	28.0	1.4	2.8	$1,333

TOTAL BURDEN AND COST (SALARY)

	58.0	2.9	5.8	$2,761

Travel expenses for tests attendedf

$500

TOTAL BURDEN AND COST

67 hours	$3,261

a  This ICR uses the following average hourly labor rates: $57.20 for
managerial (GS-13, Step 5, $35.75 x 1.6), $42.45 (GS-12, Step 1, $26.53
x 1.6) for technical and $22.96 (GS-6, Step 3, $14.35 x 1.6) for
clerical.  These rates are from the Office of Personnel Management (OPM)
2006 General Schedule, which excludes locality rates of pay.

b  Assumes Agency personnel will attend the performance test for one
affected source per year.

c  Assumes 21 existing and no new plants will complete Initial
Notifications for an average of 21/3 = 7 per year during each year of
the 3-yr ICR clearance period.

d  Not required.

e  Assumes 21 existing facilities will submit Notifications of
Compliance Status for an average of 21/3 = 7 per year of the 3-yr ICR
clearance period.

f  Assumes Agency personnel (1 person) will spend 2 days per plant, at
$50 per diem per day, and $400 transportation expense per round trip to
attend performance tests.

TABLE 3C.  ANNUAL BURDEN AND COST TO THE AGENCY--NESHAP FOR SECONDARY
NONFERROUS METALS PROCESSING AREA SOURCES

Burden item	(A) Person-hours per occurrence	(B) Occurrences per
respondent	(C) Facilities per year a	(D) Technical person-hours/year
(D=A*B*C)	(E) Management   person-hours/year (E=0.05*D)	(F) Clerical
person-hours/year (F=0.1*D)	 (G) Costb, $

Report Review:

	  Initial notification of applicability	1	1	3	3	0.2	0.3	$159

  Notification of compliance status	1	1	3	3	0.2	0.3	$159

TOTAL BURDEN AND COST

7 hours 	$318

a  There are an estimated 10 existing secondary nonferrous metals
processing facilities subject to the area source NESHAP.  No new sources
are projected during the 3-year term of this ICR.  Therefore, the
average number of respondents per year is 3 (10÷3=3).  No travel is
expected.

b  This ICR uses the following average hourly labor rates: $57.20 for
managerial (GS-13, Step 5, $35.75 x 1.6), $42.45 (GS-12, Step 1, $26.53
x 1.6) for technical and $22.96 (GS-6, Step 3, $14.35 x 1.6) for
clerical.  These rates are from the Office of Personnel Management (OPM)
2006 General Schedule, which excludes locality rates of pay.

ATTACHMENT 1A.  INFORMATION REQUIREMENTS--NESHAP FOR CLAY CERAMICS
MANUFACTURING AREA SOURCES

Requirement	Citation for existing sources	Citation for new sources
General Provisions citation

Monitoring

	Kiln peak temperature	§63.11440(a)	§63.11440(a)	NA

APCD parameter check	NA	§63.11440(b)(1)	NA

Visible emissions test	NA	§63.11440(b)(2)	NA

APCD inspection	§63.11440(c)(1)	NA	NA

Alternative monitoring technique	Table 1 to subpart RRRRRR /
§63.11440(c)(2)	Table 1 to subpart RRRRRR / §63.11440(b)(3)	40 CFR
63.8(f)

Notifications

	Notification of applicability	Table 1 to subpart RRRRRR / §63.11442(a)
Table 1 to subpart RRRRRR / §63.11442(a)	40 CFR 63.9(a)(2)

Notification of construction/reconstruction 	NA	NA	40 CFR 63.9(b)(5)

Notification of special compliance requirements 	Table 1 to subpart
RRRRRR	Table 1 to subpart RRRRRR	40 CFR 63.9(d)

Notification of performance test	NA	NA	40 CFR 63.9(e)

Notification of opacity/VE observations	NA	NA	40 CFR 63.9(f)

Additional CMS notifications	NA	NA	40 CFR 63.9(g)

Notification of compliance status	Table 1 to subpart RRRRRR /
§63.11442(b)	Table 1 to subpart RRRRRR / §63.11442(b)	40 CFR 63.9(h)

Notification of changes in information	Table 1 to subpart RRRRRR	Table 1
to subpart RRRRRR	40 CFR 63.9(j)

Plans

	SSM plan	NA	NA	40 CFR 63.6(e)(3)

Performance test plan	NA	NA	40 CFR 63.7(c)(2)

CMS quality control plan	NA	NA	40 CFR 63.8(d)

CMS performance evaluation test plan	NA	NA	40 CFR 63.8(e)(3)

Records

	Records of notifications	Table 1 to subpart RRRRRR / 63.11443(a)(1)
Table 1 to subpart RRRRRR / 63.11443(a)(1)	40 CFR 63.10

Monitoring/inspection information	Table 1 to subpart RRRRRR /
63.11443(a)(2)	Table 1 to subpart RRRRRR / 63.11443(a)(2)	40 CFR 63.10

Reports

	Reports of deviation	NA	NA	NA

Semiannual monitoring reports	NA	NA	NA

Initial/repeat performance tests 	NA	NA	40 CFR 63.7(e)(1) /

40 CFR 63.6(h)(7)

Quality assurance test plan	NA	NA	40 CFR 63.7(c)

CMS performance evaluation/report	NA	NA	40 CFR 63.8(e)(5)

SSM reports	NA	NA	40 CFR 63.6(e)(3)

Excess emissions reports	NA	NA	40 CFR 63.10(e)(3)

ATTACHMENT 1B.  INFORMATION REQUIREMENTS--NESHAP FOR GLASS
MANUFACTURING AREA SOURCES

Requirement	Citation for existing sources	Citation for new sources	Part
63 General Provisions citation

Monitoring

	Furnace ESP secondary voltage and current	§63.11454(b)	§63.11454(d)
N/A

Furnace fabric filter inlet temperature	§63.11454(c)	§63.11454(e)	N/A

Notifications

	Notification of applicability	§63.11456(a)	§63.11456(a)	40 CFR
63.9(b)

Notification of construction/reconstruction 	N/A	N/A	40 CFR 63.9(b)(5)

Notification of special compliance requirements 	N/A	N/A	40 CFR 63.9(d)

Notification of performance test	N/A	N/A	40 CFR 63.9(e)

Notification of opacity/VE observations	N/A	N/A	40 CFR 63.9(f)

Additional CMS notifications	N/A	N/A	40 CFR 63.9(g)

Notification of compliance status	§63.11456(b)	§63.11456(b)	40 CFR
63.9(h)

Notification of changes in information	N/A	N/A	40 CFR 63.9(j)

Plans

	SSM plan	N/A	N/A	40 CFR 63.6(e)(3)

Performance test plan	N/A	N/A	40 CFR 63.7(c)(2)

CMS quality control plan	N/A	N/A	40 CFR 63.8(d)

CMS performance evaluation test plan	N/A	N/A	40 CFR 63.8(e)(3)

Records

	Records of notifications	§63.11457(a)(1)	§63.11457(a)(1)	40 CFR 63.10

Records of startups, shutdowns and malfunctions	N/A	N/A	40 CFR 63.10

Records that demonstrate continuous compliance	§63.11457(a)(3)
§63.11457(a)(3)	40 CFR 63.10

Records of glass production	§63.11457(a)(4)	§63.11457(a)(4)	40 CFR
63.10

Monitoring/inspection information	§63.11457(a)(5) - (8), §63.11457(c)
§63.11457(a)(5) - (8), §63.11457(c)	40 CFR 63.10

Reports

	Reports of deviation	N/A	N/A	N/A

Semiannual monitoring reports	N/A	N/A	N/A

Initial/repeat performance tests 	N/A	N/A	40 CFR 63.7(e)(1) /

40 CFR 63.6(h)(7)

Quality assurance test plan	N/A	N/A	40 CFR 63.7(c)

CMS performance evaluation/report	N/A	N/A	40 CFR 63.8(e)(5)

SSM reports	N/A	N/A	40 CFR 63.6(e)(3)

Excess emissions reports	N/A	N/A	40 CFR 63.10(e)(3)

ATTACHMENT 1C.  INFORMATION REQUIREMENTS--NESHAP FOR SECONDARY
NONFERROUS METALS PROCESSING AREA SOURCES

Requirement	Citation for existing sources	Citation for new sources
General Provisions citation

Monitoring

	Visual inspection of capture device	§63.11466(a)	§63.11466(a) 	NA

Visible emissions check 	§63.11466(b)	NA	NA

Visual bag inspection	§63.11466(b) 	NA	NA

Bag leak detection system	NA	§63.11466(c)	NA

Notifications

	Notification of applicability	Table 1 to subpart TTTTTT / §63.11469(a)
Table 1 to subpart TTTTTT / §63.11469(a)	40 CFR 63.9(a)(2)

Notification of construction/reconstruction 	NA	NA	40 CFR 63.9(b)(5)

Notification of special compliance requirements 	Table 1 to subpart
TTTTTT	Table 1 to subpart TTTTTT	40 CFR 63.9(d)

Notification of performance test	NA	NA	40 CFR 63.9(e)

Notification of opacity/VE observations	NA	NA	40 CFR 63.9(f)

Additional CMS notifications	NA	NA	40 CFR 63.9(g)

Notification of compliance status	Table 1 to subpart TTTTTT /
§63.11469(b)	Table 1 to subpart TTTTTT / §63.11469(b)	40 CFR 63.9(h)

Notification of changes in information	Table 1 to subpart TTTTTT	Table 1
to subpart TTTTTT	40 CFR 63.9(j)

Plans

	SSM plan	NA	NA	40 CFR 63.6(e)(3)

Performance test plan	NA	NA	40 CFR 63.7(c)(2)

CMS quality control plan	NA	NA	40 CFR 63.8(d)

CMS performance evaluation test plan	NA	NA	40 CFR 63.8(e)(3)

Records

	Records of notifications	Table 1 to subpart TTTTTT / §63.11470(a)(1)
Table 1 to subpart TTTTTT / §63.11470(a)(1)	40 CFR 63.10

Monitoring/inspection information	Table 1 to subpart TTTTTT /
§63.11470(a)(2)	Table 1 to subpart TTTTTT / §63.11470(a)(2)	40 CFR
63.10

Reports

	Reports of deviation	NA	NA	NA

Semiannual monitoring reports	NA	NA	NA

Initial/repeat performance tests 	NA	NA	40 CFR 63.7(e)(1) /

40 CFR 63.6(h)(7)

Quality assurance test plan	NA	NA	40 CFR 63.7(c)

CMS performance evaluation/report	NA	NA	40 CFR 63.8(e)(5)

SSM reports	NA	NA	40 CFR 63.6(e)(3)

Excess emissions reports	NA	NA	40 CFR 63.10(e)(3)

 PAGE

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[Federal Register Volume 78, Number 172 (Thursday, September 5, 2013)]
[Rules and Regulations]
[Pages 54571-54574]
[FR Doc No: 2013-21522]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2013-0732]
RIN 1625-AA08

Special Local Regulation for Marine Event Hampton Bay Days
Festival, Hampton River; Hampton, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is temporarily changing the enforcement period
of a special local regulation for one specific recurring marine event
in the Fifth Coast Guard District. This regulation applies only to the
Hampton Bay Days Festival, which consists of a Fireworks Display held
at multiple locations along the Hampton River, Hampton, Virginia. This
special local regulation is necessary to provide for

the safety of life on navigable waters during the event. This action is
intended to restrict vessel traffic on portions of the Hampton River
near Hampton, Virginia during the event.

DATES: This rule will be effective on September 7, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0732]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LCDR Hector Cintron, Waterways Management Division Chief,
Sector Hampton Roads, Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Barbara Hairston, Program
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SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    This marine event is regulated at 33 CFR 100.501, Table to Sec.
100.501, section (c) line 9. This rule involves an annually occurring
marine event that is scheduled to take place on the 2nd or 3rd Friday,
Saturday, and Sunday. Hampton Bay Days has changed the date of the
event to take place on Saturday September 7, 2013, which is the first
Saturday in September not the second.
    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
because the ambiguity of the current regulation does not cover the time
frame specified for the event was not discovered until July 30, 2013.
Because this was approximately 38 days before the event, it is
impracticable to provide a full comment period due to lack of time.
    Delaying this regulation's effective date for comment would be
contrary to the public interest as immediate action is needed to ensure
the safety of the event participants, spectator craft, and other
vessels transiting the event area. The Coast Guard will provide advance
notifications to users of the affected waterways of the safety zone via
marine information broadcasts and local notice to mariners.

B. Basis and Purpose

    Hampton Bay Days is sponsoring the three days Hampton Bay Days
Festival, which includes a fireworks display over the waters of the
Hampton River, near Hampton, Virginia on the Saturday of the festival.
    The regulation listing annual marine events within the Fifth Coast
Guard District and safety zones locations is 33 CFR 100.501. The Table
to Sec.  100.501 identifies special local regulations by COTP zone,
with the COTP Hampton Roads zone listed in section ``(c)'' of the
Table. The Table to Sec.  100.501, at section (c) event Number ``9''
describes the enforcement date and regulated location for this marine
event.
    The fireworks display will occur this year on Saturday September 7,
2013 from 9:20 p.m. until 10 p.m. The fireworks will be launched from
three different locations, one at 37[deg]01'33'' N, 076[deg]20'11'' W,
one at 37[deg]01'37'' N, 076[deg]20'11'' W, and the last one at
37[deg]01'35'' N, 076[deg]20'01'' W, all of which are along the
Settlers Landing Road Bridge and the nearby adjacent land.

C. Discussion of the Rule

    The Coast Guard will temporarily suspend the regulation listed at
section (c.) line No. 9 in the Table to Sec.  100.501 and insert this
temporary regulation at the Table to Sec.  100.501 line No. 12 in order
to reflect the correct date for this year's event. This change is
needed to accommodate the change in date of the Hampton Bay Days
Festival. No other portion of the Table to Sec.  100.501 or other
provisions in Sec.  100.501 shall be affected by this regulation.
    This special local regulation will restrict vessel movement in the
waters of Sunset Creek and Hampton River shore to shore bounded to the
north by the C & O Railroad Bridge and to the south by a line drawn
from latitude 37[deg]01'03'' N, longitude 076[deg]20'26'' W, to
latitude 37[deg]01'01.5'' N, longitude 076[deg]20'32'' W. The safety
zone is needed to control vessel traffic and enhance the safety of
spectators during the fireworks display. The regulation will be
enforced from 9:20 p.m. to 10 p.m. on September 7, 2013. Except for
persons or vessels authorized by the Coast Guard Patrol Commander, no
person or vessel may enter or remain in the regulated area during the
effective period.
    In addition to notice in the Federal Register, the maritime
community will be provided extensive advance notification via the Local
Notice to Mariners, and marine information broadcasts.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those orders. Although this regulation
restricts access to the safety zone, the effect of this rule will not
be significant because: (i) The safety zone will be in effect for a
limited duration; (ii) the zone is of limited size; (iii) mariners may
transit the waters in and around this safety zone at the discretion of
the Captain of the Port or designated representative; and (iv), the
Coast Guard will make notifications via maritime advisories so mariners
can adjust their plans accordingly.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.

    The rule would affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor in that portion of the Hampton River from 9:20 p.m.
until 10 p.m. on September 7, 2013.
    This regulated area will not have a significant economic impact on
a substantial number of small entities for the following reasons: (i)
It will only be in effect for a limited duration, and (ii) before the
enforcement period of September 7, 2013, maritime advisories will be
issued allowing mariners to adjust their plans accordingly.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

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

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule involves implementation of regulations within 33 CFR Part 100
that apply to organized marine events on the navigable waters of the
United States that may have potential for negative impact on the safety
or other interest of waterway users and shore side activities in the
event area. This rule is categorically from further review under
paragraph (34)(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.

0
2. At Sec.  100.501, in the Table to Sec.  100.501, make the following
amendments:
0
a. Under ``(c.) Coast Guard Sector Hampton Roads--COTP Zone,'' suspend
entry 9.
0
b. Under ``(c.) Coast Guard Sector Hampton Roads--COTP Zone,'' add
entry 12, which will be enforced from 9:20 p.m. to 10 p.m. on September
7, 2013 to read as follows:

Sec.  100.501  Special Local Regulations; Marine Events in the Fifth
Coast Guard District.

* * * * *

                         Table to Sec.   100.501
------------------------------------------------------------------------
    No.            Date           Event      Sponsor        Location
------------------------------------------------------------------------

                              * * * * * * *
------------------------------------------------------------------------
            (c.) Coast Guard Sector Hampton Roads--COTP Zone
------------------------------------------------------------------------

                              * * * * * * *
12........  September 7, 2013  Hampton     Hampton     The waters of
                                Bay Days    Bay Days.   Sunset Creek and
                                Festival.               Hampton River
                                                        shore to shore
                                                        bounded to the
                                                        north by the C &
                                                        O Railroad
                                                        Bridge and to
                                                        the south by a
                                                        line drawn from
                                                        Hampton River
                                                        Channel Light 16
                                                        (LL 5715),
                                                        located at
                                                        latitude
                                                        37[deg]01'03.0''
                                                        N, longitude
                                                        076[deg]20'26.0'
                                                        ' W, to the
                                                        finger pier
                                                        across the river
                                                        at Fisherman's
                                                        Wharf, located
                                                        at latitude
                                                        37[deg]01'01.5''
                                                        N, longitude
                                                        076[deg]20'32.0'
                                                        ' W.
------------------------------------------------------------------------

* * * * *

    Dated: August 16, 2013.
John K. Little,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2013-21522 Filed 9-4-13; 8:45 am]
BILLING CODE 9110-04-P