2164ss09

U.S. Environmental Protection Agency

Information Collection Request

Title: Emission Guidelines for Existing Other Solid Waste Incineration (OSWI) Units (40 CFR Part 60, Subpart FFFF) (Final Rule)

OMB Control Number: 2060-0562

EPA ICR Number: 2164.09

Abstract: The Emission Guidelines for Existing Other Solid Waste Incineration (OSWI) Units (40 CFR Part 60, Subpart FFFF) were proposed on December 9, 2004 (69 FR 71472), promulgated on December 16, 2005 (70 FR 74892), and amended on November 24, 2006 (71 FR 67806).¹ Under the proposed rule, the Emission Guidelines apply to any air quality program in either a state or a United States protectorate with one or more existing OSWI units or air curtain incinerators that commenced construction either on or before December 9, 2004. The affected OSWI units include two additional sub-categories: very small municipal waste combustion (VSMWC) units that combust less than 35 tons per day (TPD) of waste and institutional waste incineration (IWI) units. This Subpart does not directly affect incineration unit owners and operators; however, they must comply with the state’s plan that was developed by the air quality program administrator to implement the emission guidelines. On August 31, 2020, the EPA published a proposed rule in the Federal Register for the OSWI NSPS and EG rules that addressed the requisite CAA section 129(a)(5) periodic review (85 FR 54178), as well as other proposed changes to the standards. The EPA is finalizing its CAA section 129(a)(5) review, including our determination that there are no developments in practices, processes, or control technologies that warrant revisions to the OSWI standards and requirements. The EPA is finalizing certain other revisions, including the addition of a subcategory of new VSMWC or IWI units that have a capacity to combust less than 10 TPD of waste that are constructed on or after August 30, 2020, including changes to applicability-related and definitional changes; changes to the startup, shutdown, and malfunction (SSM) provisions; changes to testing, monitoring, recordkeeping, and reporting requirements; and other miscellaneous technical and editorial changes. The EPA is also finalizing electronic reporting requirements for submittal of certain reports and performance test results. This ICR includes the burden associated with the existing rule requirements and the incremental burden associated with the final rule. This information is being collected to assure compliance with 40 CFR Part 60, Subpart FFFF.

There are currently 54 existing OSWI units that are known to be subject to the regulations, which includes 29 air curtain incinerators and 25 very small municipal waste incinerators with a capacity less than or equal to 10 TPD. The prior ICR was based on the assumption of 155 respondents. However, this ICR presents the burden for implementation of the final rule, based on the assumption that there will be 59 existing respondents and no new respondents subject to the final amendments over the next three years.² This assumption is based on Agency review, knowledge, and experience with the EG program and recent data gathered on the source category, and implements revisions to applicability included in the final rule.³ They are considered not-for-profit businesses. The burden to the “Affected Public” may be found in Tables 1 through 5 in Attachment 1 of this document. The “Federal Government” burden is attributed entirely to work performed by federal employees or government contractors and refer to Tables 6 through 9 in Attachment 1 of this document.

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

Supporting Statement A

1. NEED AND AUTHORITY FOR THE COLLECTION

Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection.

The EPA is charged under section 111(d)(1) of the Clean Air Act (CAA), as

amended, to:

. . . prescribe regulations which shall establish a procedure similar to that provided by section 110 under which each State shall submit to the Administrator a plan which (A) establishes standards of performance for any existing source for any air pollutant (i) for which air quality criteria have not been issued or which is not included on a list published under section 108(a) . . . but (ii) to which a standard of performance under this section would apply if such existing source were a new source, and (B) provides for the implementation and enforcement of such standards of performance.

The EPA is required under section 129 of the Act, to establish guidelines for existing stationary sources that reflect the maximum achievable control technology (MACT) for achieving continuous emission reductions:

Section 129(a)(1)(A) states:

The Administrator shall establish performance standards and other requirements pursuant to section 111 and this section for each category of solid waste incineration units. Such standards shall include emissions limitations and other requirements applicable to new units and guidelines (under section 111(d) and this section) and other requirements applicable to existing units.

Section 129(a)(2) states:

Standards applicable to solid waste incineration units promulgated under section 111 and this section shall reflect the maximum degree of reduction in emissions of air pollutants listed under section (a)(4) that the Administrator, taking into consideration the cost of achieving such emission reduction, and any non-air quality health and environmental impacts and energy requirements, determines is achievable for new or existing units in each category.

Section 129(b)(1) states:

Performance standards under this section and section 111 for solid waste incineration units shall include guidelines promulgated pursuant to section 111(d) and this section applicable to existing units. Such guidelines shall include, as provided in this section, each of the elements required by subsection (a) (emissions limitations, notwithstanding any restriction in section 111(d) regarding issuance of such limitations), subsection (c) (monitoring), subsection (d) (operator training), subsection (e) (permits), and subsection (h)(4) (residual risk).

Subpart B of 40 CFR part 60 requires State plans to include monitoring, recordkeeping, and reporting provisions consistent with the emission guidelines. In addition, section 114(a)(1) states that:

the Administrator may require any person who owns or operates any emission source, who manufactures emission control equipment or process equipment, who the Administrator believes may have information necessary for the purposes set forth in this subsection, or who is subject to any requirement of this Act (other than a manufacturer subject to the provisions of section 206(c) or 208 with respect to a provision of title II) on a one-time, periodic or continuous basis to -

(A) establish and maintain such records;

(B) make such reports;

(C) install, use, and maintain such monitoring equipment, and use such audit procedures, or methods;

(D) sample such emissions (in accordance with such procedures or methods, at such locations, at such intervals, during such periods and in such manner as the Administer shall prescribe);

(E) keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical;

(F) submit compliance certifications in accordance with section 114(a)(3); and

(G) provide such other information, as the Administrator may reasonably require.

In the Administrator’s judgment, cadmium, carbon monoxide, dioxins/furans, hydrogen chloride, lead, mercury, opacity, oxides of nitrogen, particulate matter, and sulfur dioxide emissions from OSWI units either cause or contribute to air pollution that may reasonably be anticipated to endanger public health and/or welfare. Therefore, the emission guidelines were promulgated for this source category at 40 CFR Part 60, Subpart FFFF.

2. PRACTICAL UTILITY/USERS OF THE DATA

Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.

The recordkeeping and reporting requirements in these standards ensure compliance with the applicable regulations, which were promulgated in accordance with the Clean Air Act. The collected information is also used for targeting inspections and as evidence in legal proceedings.

Performance tests are required in order to determine an affected facility’s initial capability to comply with the emission standards. Continuous emission monitors are used to ensure compliance with these standards at all times. During the performance test a record of the operating parameters under which compliance was achieved may be recorded and used to determine compliance in place of a continuous emission monitor.

The notifications required in the standard are used to inform the Agency or delegated authority when a source becomes subject to the requirements of the regulations. The reviewing authority may then inspect the source to check if the pollution control devices are properly installed and operated, leaks are being detected and repaired, and that the standards are being met. The performance test may also be observed.

The required annual and semiannual reports are used to determine periods of excess emissions, identify problems at the facility, verify operation/maintenance procedures and for compliance determinations.

3. USE OF TECHNOLOGY

Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden.

Some of the respondents are using monitoring equipment that automatically records parameter data. Although personnel at the affected facility must still evaluate the data, internal automation has significantly reduced the burden associated with monitoring and recordkeeping at a plant site.

The final rule is amended to include electronic reporting provisions. Respondents are required to use the EPA’s Electronic Reporting Tool (ERT) to develop performance test reports and performance evaluation reports and submit them through the EPA’s Compliance and Emissions Data Reporting Interface (CEDRI), which can be accessed through the EPA’s Central Data Exchange (CDX) (https://cdx.epa.gov/). The ERT is an application rather than a form, and the requirement to use the ERT is applicable to numerous subparts. The splash screen of the ERT contains a link to the Paperwork Reduction Act (PRA) requirements, such as the OMB Control Number, expiration date, and burden estimate for this and other subparts. Respondents are also required to submit electronic copies of certain notifications through EPA’s CEDRI. The notification is an upload of their currently required notification in portable document format (PDF) file. The annual compliance reports and deviation reports are to be created using Forms 5900-560 and 5900-561, the electronic templates included with this Supporting Statement. Each template is an Excel spreadsheet which can be partially completed and saved for subsequent annual and semiannual reports to limit some of the repetitive data entry. It reflects the reporting elements required by the rule and does not impose additional reporting elements. The OMB Control Number is displayed on the Welcome page of the template, with a link to an online repository that contains the PRA requirements. For the purposes of this ICR, it is assumed that there is no additional burden associated with the requirement for respondents to submit the notifications and reports electronically. The supplemental files to this ICR renewal contain screenshots showing the CDX homepage for CEDRI login, the CEDRI PRA screen, the CEDRI interface for managing reports for various subparts, and the landing page of the ERT that shows the link to PRA information.

Electronic copies of records may also be maintained in order to satisfy federal recordkeeping requirements. For additional information on the Paperwork Reduction Act requirements for CEDRI and ERT for this rule, see: https://www.epa.gov/electronic-reporting-air-emissions/paperwork-reduction-act-pra-cedri-and-ert.

Information contained in these reports is reported by state and local governments in the ICIS Air database, which is operated and maintained by the EPA's Office of Compliance. The EPA uses ICIS for tracking air pollution compliance and enforcement by local and state regulatory agencies, EPA regional offices, and EPA headquarters. The EPA and its delegated authorities can edit, store, retrieve and analyze the data.

4. EFFORTS TO IDENTIFY DUPLICATION

Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.

For reports required to be submitted electronically, the information is sent through the EPA's CDX, using CEDRI, where the appropriate EPA regional office can review it, as well as state and local agencies that have been delegated authority. If a state or local agency has adopted under its own authority its own standards for reporting or data collection, adherence to those non-Federal requirements does not constitute duplication. 

For all other reports, if the subject standards have not been delegated, the information is sent directly to the appropriate EPA regional office. Otherwise, the information is sent directly to the delegated state or local agency. If a state or local agency has adopted its own standards to implement the Federal standards, a copy of the report submitted to the state or local agency can be sent to the Administrator in lieu of the report required by the Federal standards. Therefore, duplication does not exist. 

5. MINIMIZING BURDEN ON SMALL BUSINESSES AND SMALL ENTITIES

If the collection of information impacts small businesses or other small entities, describe any methods used to minimize burden.

There are no small entities (i.e., small businesses) affected by this regulation.

6. CONSEQUENCES OF LESS FREQUENT COLLECTION

Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

Less frequent information collection would decrease the margin of assurance that facilities are continuing to meet the standards. Requirements for information gathering and recordkeeping are useful techniques to ensure that good operation and maintenance practices are applied and emission limitations are met. If the information required by these standards was collected less frequently, the proper operation and maintenance of control equipment and the possibility of detecting violations would be less likely.

7. GENERAL GUIDELINES

Explain any special circumstances that require the collection to be conducted in a manner inconsistent with OMB guidelines.

These reporting or recordkeeping requirements do not violate any of the regulations promulgated by OMB under 5 CFR Part 1320, Section 1320.5.

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

8. PUBLIC COMMENT AND CONSULTATIONS

8a. Public Comment

If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the Agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the Agency in response to these comments. Specifically address comments received on cost and hour burden.

An announcement of a public comment period for the renewal of this ICR was published in the Federal Register (89 FR 63933) on August 6, 2024. Additionally, an announcement of the public comment period for the proposed rule was published in the Federal Register (85 FR 54178) on August 31, 2020. No comments were received on the burden published in the Federal Register for the renewal. For the proposed rule, the EPA received some comments from the Alaska Department of Environmental Conservation (ADEC), the Alaska Miners Association, the Alaska Oil and Gas Association, and other commenters regarding the burden of the proposed rule for certain small incineration units that do not meet certain incinerator design criteria. For the final rule we have revised the applicability of the final OSWI standards to address these issues and concerns. We are finalizing that certain units with capacities less than or equal to 10 TPD that meet the definition of a rudimentary combustion unit and that exhibit one or more of specific criteria, are not incineration units and therefore are not subject to the OSWI rules.

8b. Consultations

Describe efforts to consult with persons outside the Agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported. Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years - even if the collection of information activity is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.

The Agency has consulted industry experts and internal data sources to project the number of affected facilities and industry growth over the next three years. The primary source of information as reported by industry, in compliance with the recordkeeping and reporting provisions in the standard, is the Integrated Compliance Information System (ICIS). ICIS is EPA’s database for the collection, maintenance, and retrieval of compliance data for industrial and government-owned facilities. The growth rate for the industry is based on our consultations with the Agency’s internal industry experts. Approximately six respondents will be subject to the standard over the three-year period covered by this ICR.

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. In developing this ICR, we contacted the Alaska Oil and Gas Association, at 907-272-1481, the Solid Waste Association of North America, at 800-467-9262, and the National Waste and Recycling Association, at 800-424-2869. In this case, no comments were received.

It is our policy to respond after a thorough review of comments received since the last ICR renewal as well as those submitted in response to the first Federal Register notice. In this case, no comments were received. The EPA also provided all interested parties the opportunity to review and comment on the burden estimated in the Information Collection Request for the proposed amendments during the public comment period for the proposed rule (85 FR 54178; August 31, 2020), as discussed in section 8a.

9. PAYMENTS OR GIFTS TO RESPONDENTS

Explain any decisions to provide payments or gifts to respondents, other than remuneration of contractors or grantees.

No payments or gifts are made to respondents.

10. ASSURANCE OF CONFIDENTIALITY

Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or Agency policy. If the collection requires a systems of records notice (SORN) or privacy impact assessment (PIA), those should be cited and described here.

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).

11. JUSTIFICATION FOR SENSITIVE QUESTIONS

Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the Agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.

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

12. RESPONDENT BURDEN HOURS & LABOR COSTS

Provide estimates of the hour burden of the collection of information. The statement should:

• Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Generally, estimates should not include burden hours for customary and usual business practices.

• If this request for approval covers more than one form, provide separate hour burden estimates for each form and the aggregate the hour burdens.

• Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead, this cost should be included as O&M costs under non-labor costs covered under question 13.

12a. Respondents/NAICS Codes

The respondents to the recordkeeping and reporting requirements are owners and operators of OSWI units. The United States Standard Industrial Classification (SIC) codes and the corresponding North American Industry Classification System (NAICS) codes for the respondents affected by the standards are listed in the table below:

Standard (40 CFR part 60, Subpart FFFF)	SIC Codes	NAICS Codes
Solid Waste Combustors and Incinerators	4953	562213
Administration of Air and Waste Resource and Solid Waste Management Programs	9511	92411
Elementary and Secondary Schools	8211	6111
Nursing and Residential Care Facilities	8051, 8052, 8059, 8361	623
Justice, Public Order, and Safety Activities	9211, 9221, 9222, 9223, 9224, 9229, 8322	922
National Security and International Affairs	9711, 9721	928
Junior Colleges	8222	6112
Colleges, Universities, and Professional Schools	8221	6113
Museums, Historical Sites, and Similar Institutions	8412, 8422, 7999	7121
Religious Organizations	8661	8131
Civic and Social Organizations	8641, 8699	8134
Support Activities for Air Transportation	4851, 4959, 7997, 9621	4881
Fishing, hunting and trapping	0912, 0913, 0913, 0971	114
Oil and Gas Extraction	1311, 1321, 2819	211
Mining1	10, 12, 14	212
Utilities1	49	221
Pipeline Transportation of Crude Oil	4612, 4922, 4923, 4613, 4619	486

Based on our research for this ICR, on average over the next three years, 54 existing respondents and no new respondents will be subject to the standard. The number of respondents is calculated using the table Number of Respondents that addresses the three years covered by this ICR. None of the facilities in the United States are owned by either state, local, or tribal entities or by the Federal government. They are all owned and operated by privately-owned, for-profit businesses. We assume that they will all respond to EPA inquiries. Based on our consultations with industry representatives, there is an average of one affected facility at each plant site and each plant site has only one respondent (i.e., the owner/operator of the plant site).

The total number of annual responses per year is calculated using the table Total Annual Responses shown below. The number of Total Annual Responses is 110.

12b. Information Requested

In this ICR, all the data that are recorded or reported is required by the Emission Guidelines for Existing Other Solid Waste Incineration (OSWI) Units (40 CFR Part 60, Subpart FFFF). Any owner/operator subject to the provisions of this part shall maintain a file of these measurements and retain the file for at least five years following the date of such measurements, maintenance reports, and records.

A source must make the following reports:

Requirements
Submit a state plan	§60.2981
Submit a negative declaration	§60.2982

Notifications
Notification of the date of construction or reconstruction.	§60.7(a)(1)
Notification of the actual date of initial startup.	§60.7(a)(3)
Notification of physical or operational change which may increase the emission rate.	§60.7(a)(4)
Notification of performance test.	§60.7(a)(5)
Notification of operating limit, emission limitation, operator qualification and accessibility, or other requirement deviation report.	§§60.3052, 60.3053
Notification of qualified operator deviation.	§60.3054(a)(1)
Notification of qualified operator status report.	§60.3054(a)(2)
Notification of resumed operation.	§60.3054(b)
Notification of intent to use the substitute means of compliance.	§60.3032 (a)

Reports
Initial performance test and report.	§§60.3049, 60.8(a)
Annual compliance test report.	§§60.3050, 60.3051
Waste management plan.	§§60.3010, 60.3011, 60.3012
Semiannual report of deviation.	§§60.3052, 60.3053

A source must keep the following records:

Recordkeeping
Data collected for all operating parameters used to determine compliance with the operating limits.	§§60.3046(b), 60.3068(a)
Records of actions taken during periods of malfunction to minimize emissions in accordance with §60.11(d).	§60.3046(d)
Records of the occurrence and duration of each malfunction of operation or the air pollution control and monitoring equipment or deviations from the emission limits and operating limits.	§§60.3046(c),(e),(f)
Results of daily drift tests, quarterly accuracy determinations, and annual performance evaluations for carbon monoxide CEMs.	§60.3046(g)
Calibration records.	§60.3046(h)
Results of all performance tests.	§60.3046(i)
Names, contact information, and training documentation for OSWI unit operators.	§§60.3046(j),(k),(l)
Equipment specifications, operation and maintenance procedures, and waste management procedures for the incinerator and monitoring systems.	§§60.3019, 60.3046(m),(n)
Copies of notifications and data collected to comply with the substitute means of compliance demonstration pursuant to §60.3, including initial records of weekly waste burned and identification of representative test.	§60.3046(o)
Data collected for all operating parameters used to determine compliance using the alternative waste characterization (e.g., total mass of waste burned by waste category, waste profiles, temperature, charge rate, and control equipment).	§60.3046(p)
Copies of notifications submitted pursuant to § 60.2993 and § 60.3061.	§60.3046(q)
Procedures for receiving, handling, and charging waste; incinerator startup, shutdown; maintaining good combustion practices; operating the incinerator and control systems; monitoring, reporting and recordkeeping; and ash handling.	§60.3019(a)
Maintain waste management plan records.	§60.3012

12c. Respondent Activities

Respondent Activities

Familiarization with the regulatory requirements.

Install, calibrate, maintain, and operate CEMS for carbon monoxide and for oxygen.

Perform initial performance test, Reference Method 1, 3A, 3B, 5, 6, 6C, 7, 7A, 7C, 7D, 7E, 9, 10, 10A, 10B, 23, 26A, 29 tests, and repeat performance tests if necessary.

Write the notifications and reports listed above.

Enter information required to be recorded above.

Submit the required reports developing, acquiring, installing, and utilizing technology and systems for collecting, validating, and verifying information.

Develop, acquire, install, and utilize technology and systems for processing and maintaining information.

Develop, acquire, install, and utilize technology and systems for disclosing and providing information.

Train personnel to be able to respond to a collection of information.

Transmit, or otherwise disclose the information.

12d. Respondent Burden Hours and Labor Costs

Tables 1 through 5 document the computation of individual burdens for the recordkeeping and reporting requirements applicable to the industry for the subpart included in this ICR. The individual burdens are expressed under standardized headings believed to be consistent with the concept of burden under the Paperwork Reduction Act. Where appropriate, specific tasks and major assumptions have been identified. Responses to this information collection are mandatory.

The average annual burden to industry over the next three years from these recordkeeping and reporting requirements is estimated to be 2,390 hours (Total Labor Hours Average from Table 4). These hours are based on Agency studies and background documents from the development of the regulation, Agency knowledge and experience with the NESHAP program, the previously approved ICR, and any comments received.

This ICR uses the following labor rates:

Managerial $177.98 ($84.75 + 110%)

Technical $145.99 ($69.52 + 110%)

Clerical $74.28 ($35.37 + 110%)

These rates are from the United States Department of Labor, Bureau of Labor Statistics, September 2024, “Table 2. Civilian workers by occupational and industry group.” The rates are from column 1, “Total compensation.” The rates are increased by 110 percent to account for varying industry wage rates and the additional overhead business costs of employing workers beyond their wages and benefits, including business expenses associated with hiring, training, and equipping their employees.

We assume that burdens for managerial tasks take 5% of the time required for technical tasks because the typical tasks for managers are to review and approve reports. Clerical burdens are assumed to take 10% of the time required for technical tasks because the typical duties of clerical staff are to proofread the reports, make copies and maintain records.

13. Respondent CAPITAL AND O&m CostS

Provide an estimate for the total annual cost burden to respondents or record keepers resulting from the collection of information. (Do not include the cost of any hour burden already reflected on the burden worksheet).

The cost estimate should be split into two components: (a) a total capital and start-up cost

component (annualized over its expected useful life) and (b) a total operation and maintenance and purchase of services component. The estimates should consider costs associated with generating, maintaining, and disclosing or providing the information. Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the period over which costs will be incurred. Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling, and testing equipment; and record storage facilities.

If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance. The cost of purchasing or contracting out information collections services should be a part of this cost burden estimate.

Generally, estimates should not include purchases of equipment or services, or portions thereof, made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not associated with the information collection, (3) for reasons other than to provide information or keep records for the government, or (4) as part of customary and usual business or private practices.

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

The total capital/startup costs for this ICR are $0. This is the total of column D shown below in the table Capital/Startup vs. Operation and Maintenance (O&M) Costs.

The total operation and maintenance (O&M) costs for this ICR are $87,000. This is the total of column G shown below in the table Capital/Startup vs. Operation and Maintenance (O&M) Costs.

The average annual cost for capital/startup and operation and maintenance costs to industry over the next three years of the ICR is estimated to be $87,000.

14. AGENCY COSTS

Provide estimates of annualized costs to the Federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information.

14a. Agency Activities

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

• 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 Enforcement and Compliance History Online (ECHO) and ICIS.

Following notification of startup, the reviewing authority could inspect the source to determine whether the pollution control devices are properly installed and operated. Performance test reports are used by the Agency to discern a source’s initial capability to comply with the emission standard, and note the operating conditions under which compliance was achieved. Data and records maintained by the respondents are tabulated and published for use in compliance and enforcement programs. The semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations.

Information contained in the reports is reported by state and local governments in the ICIS Air database, which is operated and maintained by EPA's Office of Compliance. EPA uses ICIS 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.

14b. Agency Labor Cost

The ‘burden’ to the Federal Government is attributed entirely to work performed by either Federal employees or government contractors. The only costs to the Agency are those costs associated with analysis of the reported information. The EPA's overall compliance and enforcement program includes such activities as the examination of records maintained by the respondents, periodic inspection of sources of emissions, and the publication and distribution of collected information. The average annual Agency burden and cost during the three years of the ICR is estimated to be 1,187 hours at a cost of $66,300. See Table 9: Summary of Annual Agency Burden and Cost – Emission Guidelines for Existing Other Solid Waste Incineration (OSWI) Units (40 CFR Part 60, Subpart FFFF) (Final Rule).

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

Managerial $76.91 (GS-13, Step 5, $48.07 + 60%)

Technical $57.07 (GS-12, Step 1, $35.67 + 60%)

Clerical $30.88 (GS-6, Step 3, $19.30+ 60%)

These rates are from the Office of Personnel Management (OPM), 2024 General Schedule, which excludes locality, rates of pay. The rates have been increased by 60 percent to account for the benefit packages available to government employees. Details upon which this estimate is based appear at the end of this document in Tables 6 through 8: Average Annual EPA Burden and Cost –Emission Guidelines for Existing Other Solid Waste Incineration (OSWI) Units (40 CFR part 60, Subpart FFFF) (Final Rule).

14c. Agency Non-Labor Costs

There are no non-labor costs to the Agency associated with this information collection.

15. REASONS FOR CHANGE IN BURDEN

Explain the reasons for any program changes or adjustments reported in the burden or capital/O&M cost estimates.

The decrease in burden from the most recently approved ICR is due to an adjustment(s). The adjustment decrease in burden from the most recently approved ICR is due to a decrease in the number of affected sources and to a program change in the applicability of the regulation to incineration units that meet the definition of a rudimentary combustion device. The prior ICR was based on an assumption of 155 respondents per year, based on an inventory conducted as part of the proposed rulemaking. However, the final rule excludes units meeting the definition of a rudimentary combustion device, including units with a capacity of less than 10 TPD that lack certain design elements. Based on a review of the inventory conducted, there are currently 54 existing OSWI units that are known to be subject to the revised regulations. This ICR therefore presents the burden for implementation of the final rule. For the same reasons, there is a decrease in the capital/startup and operation and maintenance (O&M) costs as compared with the costs in the previous ICR. These changes are presented in the Burden Change Table at the end of this document.

15. PUBLICATION OF DATA

For collections of information whose results will be published, outline plans for tabulation and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.

All non-CBI data submitted electronically to the Agency through CEDRI are available to the public for review and printing and are accessible using WebFIRE. Electronically submitted emissions data from performance testing or performance evaluations using the Electronic Reporting Tool or templates attached to CEDRI, as well as data from reports from regulations with electronic templates, are tabulated; data submitted as portable document format (PDF) files attached to CEDRI are neither tabulated nor subject to complex analytical techniques. Electronically submitted emissions data used to develop emissions factors undergo complex analytical techniques and the draft emissions factors are available on the Clearinghouse for Inventories and Emission Factors listserv at https://www.epa.gov/chief/chief-listserv for public review and printing. Electronically submitted emissions data, as well as other data, obtained from one-time or sporadic information collection requests often undergo complex analytical techniques; results of those activities are included in individual rulemaking dockets and are available at https://www.regulations.gov/ for public review and printing.

15. DISPLAY OF EXPIRATION DATE

If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.

EPA will display the expiration date for OMB approval of the information collection.

15. CERTIFICATION STATEMENT

Explain each exception to the topics of the certification statement identified in “Certification for Paperwork Reduction Act Submissions.”

There are no exceptions to the topics of the certification statement.

See Supplemental Burden Calculation Tables for Tables 1 through 9

Table 1: Annual Respondent Burden and Cost – Emission Guidelines for Existing Other Solid Waste Incineration (OSWI) Units (40 CFR part 60, Subpart FFFF) (Final Rule) – Year 1 Burden

Table 2: Annual Respondent Burden and Cost – Emission Guidelines for Existing Other Solid Waste Incineration (OSWI) Units (40 CFR part 60, Subpart FFFF) (Final Rule) – Year 2 Burden

Table 3: Annual Respondent Burden and Cost – Emission Guidelines for Existing Other Solid Waste Incineration (OSWI) Units (40 CFR part 60, Subpart FFFF) (Final Rule) – Year 3 Burden

Table 4 - Summary of Annual Respondent Burden and Cost of Recordkeeping and Reporting Requirements - Emission Guidelines for Other Solid Waste Incineration Units (40 CFR Part 60, Subpart FFFF) (Final Rule)

Table 5 - Summary of Incremental Respondent Burden and Cost of Recordkeeping and Reporting Requirements From Final Rule- Emission Guidelines for Other Solid Waste Incineration Units (40 CFR Part 60, Subpart FFFF) (Final Rule)

Table 6: Average Annual EPA Burden and Cost – Emission Guidelines for Existing Other Solid Waste Incineration (OSWI) Units (40 CFR part 60, Subpart FFFF) (Final Rule) – Year 1 Burden

Table 7: Average Annual EPA Burden and Cost – Emission Guidelines for Existing Other Solid Waste Incineration (OSWI) Units (40 CFR part 60, Subpart FFFF) (Final Rule) – Year 2 Burden

Table 8: Average Annual EPA Burden and Cost – Emission Guidelines for Existing Other Solid Waste Incineration (OSWI) Units (40 CFR part 60, Subpart FFFF) (Final Rule) – Year 3 Burden

Table 9 - Summary of Annual Agency Burden and Cost of Recordkeeping and Reporting Requirements for Emission Guidelines for Existing Other Solid Waste Incineration Units (40 CFR Part 60, Subpart FFFF) (Final Rule)

Number of Respondents

Number of Respondents
	Respondents That Submit Reports		Respondents That Do Not Submit Any Reports
	(A)	(B)	(C)	(D)	(E)
Year	Number of New Respondents 1	Number of Existing Respondents	Number of Existing Respondents that keep records but do not submit reports	Number of Existing Respondents That Are Also New Respondents	Number of Respondents (E=A+B+C-D)
1	0	54	0	0	54
2	0	54	0	0	54
3	0	54	0	0	54
Average	0	54	0	0	54
1 New respondents include sources with constructed, reconstructed and modified affected facilities.

Total Annual Responses

Total Annual Responses
(A)	(B)	(C)	(D)	(E)
Information Collection Activity	Number of Respondents	Number of Responses	Number of Existing Respondents That Keep Records But Do Not Submit Reports	Total Annual Responses E=(BxC)+D
Preconstruction Report	0	1	N/A	0
Startup notification	0	1	N/A	0
Notification of intent to use substitute means of compliance	0	1	N/A	0
Notification of final compliance	25	1	N/A	25
Initial test report (non-ACI)	0	1	N/A	0
Initial test report (ACI)	0	1	N/A	0
Annual compliance reports (non-ACI, for units using stack tests)	0	1	N/A	0
Annual compliance reports (non-ACI, for units using the SMOC or AWC)	25	1	N/A	25
Annual compliance reports (ACI)	29	1	N/A	29
Waste Management Plan	25	1	N/A	25
Semiannual deviation report	3	2	N/A	6
		Total (rounded)		110

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

Capital/Startup vs. Operation and Maintenance (O&M) Costs
(A)	(B)	(C)	(D)	(E)	(F)	(G)
Initial Stack Test	Capital/Startup Cost for One Respondent	Number of New Respondents a	Total Capital/Startup Cost, (B X C)	Annual O&M Costs for One Respondent	Number of Respondents with O&M	Total O&M, (E X F)
Performance Tests (Non-ACI)	$76,667	0	$0	$76,667	0	$0
Performance Tests (ACI)	$3,000	0	$0	$3,000	29	$87,000
CEMS (CO and O2)	$395,000	0	$0	$73,700	0	$0
Control Device	$33,800	0	$0	$2,500	0	$0
Total			$0			$87,000

Burden Change Table

	Inventory as of this Action	Previously Approved
Respondents	54	155
Responses	110	407
Time Burden (Hours)	2,390	91,600
Cost Burden (Dollars)	87,000	630,000

1 A notice of final action on reconsideration (72 FR 2620) was published on January 22, 2007. However, this action did not impose any new information collection burden.

2 A very small municipal waste combustion unit is any municipal waste combustion unit that has the capacity to combust less than 35 tons per day (TPD) of municipal solid waste or refuse-derived fuel. An institutional waste incineration unit is any combustion unit that combusts institutional waste and is a distinct operating unit of the institutional facility that generated the waste. The final rule adds subcategories for VSMWC and IWI units with capacities less than or equal to 10 TPD.

3 E.g., the final rule adds a definition for “rudimentary combustion device”, which includes units with a capacity of less than 10 TPD that lack certain design elements, and that applies to a number of combustion units that were previously included in the OSWI inventory. Based on our renewed understanding of these units, we have determined they are not incineration units and are not included in the final OSWI standards.

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