7814ss01

U.S. Environmental Protection Agency

Information Collection Request

Title: EFFLUENT LIMITATIONS GUIDELINES AND STANDARDS FOR THE STEAM ELECTRIC POWER GENERATING POINT SOURCE CATEGORY – DEADLINE EXTENSIONS

OMB Control Number: 2040-NEW

EPA ICR Number: 7814.01

Abstract: This Information Collection Request (ICR) seeks approval of the information requirements in the Proposed Rule for the Steam Electric effluent limitations guidelines and standards (ELGs) (Proposed Rule). EPA is proposing to extend deadlines in the 2024 “Supplemental Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category” (2024 Rule), update the 2024 Rule’s transfer provisions to allow facilities to switch between compliance alternatives, and create authority for site-specific applicability timing extensions of either the 2024 Rule or 2020 “Steam Electric Reconsideration Rule” (2020 Rule) deadlines based on site-specific factors.

The Proposed Rule would require facilities to:

• Complete and submit notice of planned participations (NOPPs)) for the permanent cessation of coal combustion by 2034 subcategory or to qualify for a different subcategory.

• Submit a certification statement for compliance for ceasing indirect discharges by 2034.

• Submit a letter and progress report to request an alternative applicability date for compliance with zero discharge requirements of flue gas desulfurization (FGD) wastewater, bottom ash (BA) transport water, and combustion residual leachate (CRL).

• Post all recordkeeping and reporting documentation to a publicly accessible company website.

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 authority for the Proposed Rule is the Federal Water Pollution Control Act, 33 U.S.C. 1251 et seq., including Clean Water Act sections 301; 304(b), (c), (e), and (g); 306; 307; 308 and 501(a); 33 U.S.C. 1311, 1314(b), 1314(c), 1314(e), 1314(g), 1316, 1317, 1318, and 1361(a).

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 users of the data would be steam electric power plants, state and local regulatory authorities, the EPA, and, perhaps most importantly, the general public. For power plants, the data will be used to apply for permits and demonstrate compliance. Regulatory authorities reviewing this information will use it for compliance activities. The general public will use this information to keep themselves informed about their local community and increase civic engagement.

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.

A steam electric power plant would submit its NOPPs, certifications, and letters in a manner specified by the permitting authority or control authority. In addition, the power plant would post all required reporting to a publicly accessible company website.

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.

The Proposed Rule does not duplicate other information requirements. Steam electric power plants have already filed NOPPs under the 2020 and 2024 Rules. However, the Proposed Rule extends the deadline for filing and may trigger a filing requirement if a facility changes their desired compliance option. There are no public sources available from which a permitting/control authority or the general public would be able to obtain this information.

5. MINIMIZING BURDEN ON SMALL ENTITIES:

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

The Proposed Rule is unlikely to have a significant impact on a substantial number of small entities.

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.

Steam electric power plants are already required to file NOPPs under the 2020 and 2024 Rules. The submission deadline for the 2024 Rule has not yet passed (December 31, 2025); however, the Proposed Rule extends the NOPP submission deadline and allows facilities to request changes that would qualify them for a different set of requirements. Therefore, the Proposed Rule will require facilities to submit additional NOPPs, certification statements, or letters.

Steam electric power plants are also already required to report the characteristics of their wastewater discharges to their permitting authority and to provide copies of any currently required filings. The Proposed Rule would also require those data and filings to be posted on a publicly accessible company website.

7. GENERAL GUIDELINES:

Explain any special circumstances that require the collection to be conducted in a manner inconsistent with PRA Guidelines at 5 CFR 1320.5(d)(2).

With the exception of a 10-year recordkeeping requirement for Steam Electric Power Plants, as specified in Section 12.a, the information collection requirements of the rule are in accordance with the Paperwork Reduction Act guidelines in 5 CFR 1320.5(d)(2).

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.

EPA is submitting this proposed rule for public consideration. Comments received during the proposed rule comment period will be considered as the Agency develops its final rule.

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.

In its preparations for this Proposed Rule, EPA consulted with the Department of Energy, environmental groups, and technology vendors to gether feedback on the Rule’s provisions, including its reporting, recordkeeping, and disclosure requirements

9. PAYMENTS OR GIFTS TO RESPONDENTS:

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

The Agency does not intend to provide payments or gifts to respondents as part of this collection.

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.

Reports submitted to the permitting/control authority may contain confidential business information. However, EPA does not consider the specific information being requested by the rule to be typical of confidential business or personal information. If a respondent does consider this information to be of a confidential nature, the respondent may request that such information be treated as such. All confidential data will be handled in accordance with 40 CFR 122.7, 40 CFR Part 2, and EPA's Security Manual Part III, Chapter 9, dated August 9, 1976.

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 Proposed Rule does not require respondents to divulge information of a sensitive nature.

12. RESPONDENT BURDEN HOURS AND 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.

• 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 affected by this information collection request are steam electric power plants and permitting/control authorities.

Steam Electric Power Plants. The North American Industry Classification System (NAICS) identification number applicable to respondents is 221112: Electric Power Generation Plants – Fossil Fuel Electric Power Generation. The U.S. Census Bureau describes this U.S. industry as establishments primarily engaged in operating fossil fuel powered electric power generation facilities. These plants use fossil fuels, such as coal, oil, or gas, in internal combustion or combustion turbine conventional steam process to produce electric energy. The electric energy produced in these establishments is provided to electric power transmission systems or to electric power distribution systems.

Permitting Authorities. NPDES permits are issued by EPA or authorized states. In many states, NPDES permits are issued by the authorized state. The EPA is the sole permitting authority in three states (Massachusetts, New Hampshire, and New Mexico) and for certain discharges in other states, territories, and Indian Country.

Control Authorities. Control authorities have regulatory oversight for pollutant discharges to publicly owned treatment works (POTWs). The “control authority” refers to the regulatory entity delegated the authority as an approved pretreatment authority. The control authority may be the local POTW, regional water authority, the state, or EPA.

12b. Information Requested

This section outlines requested information by section of the ELG.

1. Section 423.19(c) – Publicly Accessible Internet Site Requirements

Requires that all reporting and recordkeeping information not only be retained by the regulated entity and provided to the permitting/control authority, but that it also be posted to a central website for public consumption. The permittee must maintain a publicly accessible internet site (ELG website) containing the information specified in §423.19 paragraphs (d)-(q). This website must be titled “ELG Rule Compliance Data and Information.” The facility must ensure that all information required to be posted is immediately available to anyone visiting the site, without requiring any prerequisite, such as registration or a requirement to submit a document request. All required information must be clearly identifiable and must be able to be immediately downloaded by anyone accessing the site in a format that enables additional analysis (e.g., comma-separated values text file format). When the facility initially creates, or later changes, the web address (i.e., uniform resource locator (URL)) at any point, they must notify EPA via the “contact us” form on the Agency's Effluent Guidelines website and the permitting authority or control authority within 14 days of creating the website or making the change. The facility's ELG website must also have a “contact us” form or a specific email address posted on the website for the public to use to submit questions and issues relating to the availability of information on the website.

2. Section 423.19(h) - Requirements for Units that will Achieve Permanent Cessation of Coal Combustion by December 31, 2034

Section 423.19(h) requires sources seeking to qualify as electric generating units that will achieve permanent cessation of coal combustion by December 31, 2034, under this part, file a NOPP to the permitting authority or control authority, no later than December 31, 2031.

NOPP should include:

• Identification of the electric generating unit(s).

• The expected date that each electric generating unit (EGU) is projected to achieve permanent cessation of coal combustion, whether that date represents a retirement or fuel conversion, whether that date has been approved by a regulatory body (and if yes, what regulatory body).

• Copy of the most recent integrated resource plan for which the applicable state agency approved the retirement or repowering of each unit or other documentation supporting that each EGU will permanently cease the combustion of coal by December 31, 2034.

• Timeline to achieve the permanent cessation of coal combustion, including interim milestones and projected dates of completion for each EGU.

Annual Progress Report, filed with the permitting authority or control authority annually following submission of a NOPP, should include:

• One of the following:

  • A copy of the official suspension filing (or equivalent filing) made to the facility’s reliability authority detailing the conversion to a fuel source other than coal.

  • A copy of the official retirement filing (or equivalent filing) made to the facility’s reliability authority, which must include a waiver of recission rights.

  • An initial certification, or recertification for subsequent annual progress reports, containing a statement that the facility will make one of the other filings, including the estimated date that such a filing will be made.

  • The final annual progress report must include the actual filing to the reliability authority (not a certification statement).

• Details on the completion of any interim milestones listed in the NOPP since the previous progress report.

• Narrative discussion of any completed, missed, or delayed milestones and updated milestones.

3. Section 423.19(l) - Requirements for facilities seeking to transfer between applicable limitations in a permit under this part-

Section 423.19(l) requires facilities which intend to make changes that would qualify them for a different set of requirements under §423.13(o), a NOPP shall be made to the permitting authority, or to the control authority in the case of an indirect discharger, no later than the dates stated in 423.13(o)(1).

NOPP should include:

• List of the electric generating unit(s) for which the source intends to change compliance alternatives.

• For each electric generating unit, the specific provision under which the transfer will occur, the reason the transfer is warranted, and a narrative discussion demonstrating that each electric generating unit will be able to maintain compliance with the relative provisions.

4. Section 423.19(p) – Requirements for Facilities Subject to Zero Discharge Pretreatment Standards for Existing Sources by 2034

Section 423.19(p) requires facilities subject to the second tier of the tiered standards in sections 423.16(e)(3)(ii)(B), 423.16(g)(3)(ii)(B), or 423.16(j)(2)(i)(B), to submit a certification statement to the control authority three years after the date of the Proposed Rule publication stating that the facility has submitted a permit application, permit renewal application, or permit modification request to its permitting authority seeking an as soon as possible date for achieving the corresponding generally applicable zero discharge limitations in sections 423.13(g)(4)(i), 423.13(k)(4)(i), or 423.13(l)(1)(i), subject to the considerations in section 423.11(t). Furthermore, the certification statement will include an affirmative statement that the facility will also cease its indirect discharge by the as soon as possible date determined in this permitting action.

5. Section 423.19(q) – Requirements for Facilities Seeking an Alternative Applicability Date Under this Part

Under Section 423.19(q), a facility may submit a letter to its permitting authority requesting that it receive an alternative applicability date pursuant to section 423.18(d) and progress reports at a frequency determined by 423.19(q)(4).

Initial request letter should include:

• The details of the significant unexpected circumstance in section 423.18(d)(2) and a compelling narrative that explains why these unexpected circumstances warrant an alternative applicability date by the permitting authority in light of the facility’s plans and execution of those plans.

• A proposed schedule of compliance to be incorporated into the permit, supported by detailed engineering dependency chart that clearly shows the milestones leading to compliance as soon as possible given the unexpected circumstances described in the letter, including contingencies for critical path steps.

• In the case of a missed notice of planned participation, annual progress report, or other reporting or recordkeeping requirement that should have been submitted prior to 60 days following publication of the Proposed Rule, the letter must also attach such reporting requirements.

Progress Report should include:

• Description of tasks and sub-tasks completed towards each of the milestones listed in the initial request letter, any changes to the expected dates of milestones, and any contingencies from the initial request letter which have been effectuated.

12c. Respondent Activities

Respondent requirements vary by section. Table 1 lists all facility activities and permitting/control authority activities by section of 40 CFR 423.19

Table 1. Respondent Reporting/Recordkeeping Activities by 423.19 Section
423.19	Data Item	Facility Activities	Permitting/Control Authority Activities
(c)	see below	Place all Data Items required by 40 CFR 423.19 on the permittee’s “ELG Rule Compliance Data and Information” website.	None.
(h)	NOPP	Compile the most recent integrated resource plan, certification of electric generating unit cessation under 40 CFR 257.103(b), or other documentation supporting that each EGU will permanently cease the combustion of coal by December 31, 2034. Prepare a timeline with interim milestones and projected dates of completion for achieving permanent cessation of coal combustion for each EGU. Prepare certification statements and materials regarding FGD wastewater and/or BA transport water for the permitting or control authority.	Review for completeness and accuracy.
(h)	Progress Report	Compile information on the status of the retirement. Detail the completion of any interim milestones listed in the NOPP since the previous progress report. Provide narrative discussion of any completed, missed, or delayed milestones and updated milestones.	Review for completeness and accuracy.
(l)	NOPP	Compile reason transfer is warranted, identify the specific provision under which the transfer will occur, and prepare the corresponding narrative discussion to demonstrate compliance.	Review for completeness and accuracy.
(p)	Certification Statement	Prepare documentation and statements that the facility has submitted a permit application, permit renewal application, or permit modification request for achieving the corresponding generally applicable zero discharge limitations. Prepare documentation and statements that the facility will cease indirect charges by the as soon as possible date.	Review for completeness and accuracy.
(q)	Request Letter	Compile and provide narrative on any significant unexpected circumstances that warrant an alternative applicability date. Prepare and include a proposed schedule of compliance, along with supporting documentation (engineering dependency chart with milestones, contingencies).	Review for completeness and accuracy, determine frequency for Progress Report.
(q)	Progress Report	Compile and provide description of tasks and sub-tasks completed towards each of the milestones listed in the initial request letter, any changes to the expected dates of milestones, and any contingencies from the initial request letter which have been effectuated.	Review for completeness and accuracy.

12d. Respondent Burden Hours and Labor Costs

Facilities: EPA estimates 60 steam electric power plants would be subject to the Proposed Rule. As explained above, steam electric power plants, depending on individual reporting requirements, would need to generate and post all data to a publicly accessible company website; compile data to submit NOPPs, progress reports, and other notices. EPA’s estimated burden for completion of these reporting requirements are presented in Table 2 below.

Table 2. Estimated Facility Burden
423.19	Frequency of Reporting	Legal (Hours)	Mgr (Hours)	Env. Engineer (Hours)	Number of Facilities
(c)	One-Time	0	1	15	60
	Annually	1	2	10
(h)	One-Time	1	8	30	40
	Annually	1	10	10
(l)	One-Time	1	6	20	20
	Annually	0	0	0
(p)	One-Time	1	5	10	1
	Annually	0	0	0
(q)	One-Time	1	10	20	20
	Annually	1	10	20

Permitting/Control Authorities: EPA estimates a total of 30 permitting/control authorities would be subject to the Proposed Rule. The Proposed Rule would require permitting or control authorities to review the documentation (e.g., NOPPs, progress reports, and notices) provided by the facility per the reporting requirements. Some of these reviews will be a one-time review (e.g., NOPPs and notices) and some will be annual or at a frequency determined by the permitting/control authority (e.g., progress reports). EPA’s estimated burden for review of these reporting requirements are presented in Table 3 below.

Table 3. Estimated Permitting/Control Authority Burden
423.19	Frequency	Mgr. (Hours)	Tech (Hours)	Number of Permitting/Control Authorities
(c)	One-Time	0	0	20
	Annually	0	0
(h)	One-Time	2	10	20
	Annually	2	10
(l)	One-Time	2	5	10
	Annually	0	0
(p)	One-Time	2	5	1
	Annually	0	0
(q)	One-Time	2	10	10
	Annually	2	10

Facilities: EPA estimated facility labor costs for the specific activities related to the final reporting requirements of the rule and assumed rates for legal review, managerial support, and engineering support (i.e., technical support). EPA based the labor rates for the reporting requirements on average labor costs from the Bureau of Labor Statistics (2024). EPA used the estimated hours required to respond to the requirements of the Proposed Rule and multiplied these costs by this labor rate, along with requirements for frequency of upload (e.g., one-time versus annual reporting requirements). See EPA’s estimates in Table 4. EPA made the following assumptions for estimating labor costs:

• Website creation, NOPPs, and letters would be submitted one time (assumed to be in the first year of the requirements for the burden estimate).

• Progress reports would be submitted at a frequency determined with the facility and permitting/control authority (assumed to be annual for the burden estimate).

• Hourly rates were estimated as: Lawyer ($87.86/hr), Manager ($64/hr), and Engineer ($56.13/hr).

• Hourly rates were increased by 80 percent for benefits and overhead costs.

The estimated facility universe for any reporting, for the purpose of this estimate is 60 facilities. EPA estimates the total one-time labor hours associated with this ICR to facilities is 4,000 and total annual labor hours ranging from 780 to 1,930 hours for a total annual average of 2,880 hours. Similarly, EPA estimates the total one-time labor costs to facilities to be $421,000 and total annual labor costs ranging from $84,000 to $210,000 for a total annual average of $308,400. See Table 4.

Permitting/Control Authorities: EPA estimated permitting and control authority labor costs for the specific activities related to oversight requirements. EPA included managerial and technical support using labor rates from the Salary Table 2023-GS from the US Office of Personal Management. The government employee labor rates are $40.51 per hour for technical (GS-13, Step1) and $56.31 per hour for managerial (GS‑15, Step 1). EPA used the estimated hours required to respond to the requirements of the Proposed Rule and multiplied these costs by this labor rate, along with requirements for frequency of upload (e.g., annual reporting requirements versus monthly). See EPA’s estimates in Table 5. EPA made the following assumptions for estimating labor costs:

• NOPPs and letters would be submitted one time (assumed to be in the first year of the requirements for the burden estimate).

• Progress reports would be submitted at a frequency determined with the facility and permitting/control authority (assumed to be annual for the burden estimate).

• Hourly rates were estimated as: Manager ($56.31/hr) and Technical ($40.51/hr).

• Hourly rates were increased by 80 percent for benefits and overhead costs.

For purposes of this ICR, EPA estimated that 30 permitting or control authorities would review the required recordkeeping and reporting requirements (submitted by the facilities as outlined in Tables 3 and 4). EPA estimates the total one-time labor hours associated with this ICR to permitting/control authorities is 437 and total annual labor of approximately 300 hours for a total annual average of 346 hours. Similarly, EPA estimates the total one-time labor costs to permitting/control authorities to be $34,200 and total annual labor costs of approximately $23,300 for a total annual average of $27,000. See Table 5.

Table 4. Estimated Facility Labor Cost
423.19	Number of Facilities	Frequency	Frequency Multiplier	Legal (hours)	Mgr. (hours)	Tech (hours)	Legal (total hours)	Mgr. (total hours)	Tech (total hours)	Total Hours	Legal ($)	Mgr. ($)	Tech ($)	Total $
(c)	60	One-Time	1	0	1	15	-	60	900	960	-	6,912	90,931	97,843
	60	Annually	3	1	2	10	180	360	1,800	2,340	28,467	41,472	181,861	251,800
(h)	40	One-Time	1	1	8	30	40	320	1,200	1,560	6,326	36,864	121,241	164,431
	40	Annually	2	1	10	10	80	800	800	1,680	12,652	92,160	80,827	185,639
(l)	20	One-Time	1	1	6	20	20	120	400	540	3,163	13,824	40,414	57,401
	20	Annually	0	0	0	0	-	-	-	0	-	0	0	0
(p)	20	One-Time	1	1	5	10	20	100	200	320	3,163	11,520	20,207	34,890
	1	Annually	0	0	0	0	-	-	-	0	-	0	0	0
(q)	20	One-Time	1	1	10	20	20	200	400	620	3,163	23,040	40,414	66,617
	20	Annually	1	1	10	20	20	200	400	620	3,163	23,040	40,414	66,617
Total One-Time							100	800	3,100	4,000	15,815	92,160	313,205	421,180
Total One-Time per Year							33	267	1,033	1,333	5,272	30,720	104,402	140,393
Total Annually – Year 1							60	120	600	780	9,489	13,824	60,620	83,933
Total Annually – Year 2							110	620	1,200	1,930	17,396	71,424	121,241	210,061
Total Annually – Year 3							110	620	1,200	1,930	17,396	71,424	121,241	210,061
Average Annuala							127	720	2,033	2,880	20,032	82,944	205,436	308,412

a – Estimated as the total annual average of years one through three, plus the average three-year one-time cost.

Table 5. Estimated Permitting/Control Authority Labor Cost
423.19	Frequency	Number of Permitting/Control Authorities	Frequency Multiplier	Mgr. (hours)	Tech (hours)	Mgr. (total hours)	Tech (total hours)	Total Hours	Mgr. ($)	Tech ($)	Total $
(c)	One-Time	20	1	0	0	-	-	-	-	-	-
	Annually	20	3	0	0	-	-	-	-	-	-
(h)	One-Time	20	1	2	10	40	200	240	4,054	14,584	18,638
	Annually	20	2	2	10	80	400	480	8,109	29,167	37,276
(l)	One-Time	10	1	2	5	20	50	70	2,027	3,646	5,673
	Annually	10	0	0	0	-	-	-	-	-	-
(p)	One-Time	1	1	2	5	2	5	7	203	365	567
	Annually	1	0	0	0	-	-	-	-	-	-
(q)	One-Time	10	1	2	10	20	100	120	2,027	7,292	9,319
	Annually	10	1	2	10	20	100	120	2,027	7,292	9,319
Total One-Time						82	355	437	8,311	25,886	34,197
Total One-Time per Year						27	118	146	2,770	8,629	11,399
Total Annually – Year 1						-	-	-	-	-	-
Total Annually – Year 2						50	250	300	5,068	18,230	23,297
Total Annually – Year 3						50	250	300	5,068	18,230	23,297
Average Annuala						61	285	346	6,149	20,782	26,931

a – Estimated as the total annual average of years one through three, plus the average three-year one-time cost.

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.

Because EPA is not requiring respondents to purchase any nonexpendable goods, including equipment or machinery, to perform reporting, the Agency does not expect capital costs to result from the reporting requirements. EPA expects that recordkeeping and reporting to be done electronically, consistent with existing requirements for NPDES reporting, and therefore does not estimate any additional operation and maintenance (O&M) costs.

There are no capital costs associated with any of the reporting, as described above.

13. 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

EPA is responsible for overseeing the implementation of the rule.

14b. Agency Labor Cost

EPA does not estimate any Agency burden and labor costs associated with these recordkeeping and reporting requirements.

14c. Agency Non-Labor Costs

EPA does not estimate any non-labor costs associated with these recordkeeping and reporting requirements.

13. CHANGE IN BURDEN:

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

This is a new collection.

13. 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.

Steam electric power plants would be required to submit one-time notices of planned participation (NOPPs) if they wish to participate in a specific subcategory. In addition, plants must maintain a publicly accessible internet site and post all required reporting information to the website within 30 days of submission to the permitting/control authority, as well as notify EPA and the permitting/control authority when changes are made to the website. Dependent on the subcategories applicable to the plant, they must also submit one-time initial certification statements and progress reports.

13. 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.

The Agency plans to display the expiration date for OMB approval of the information collection on all instruments.

13. CERTIFICATION STATEMENT:

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

This information collection complies with all provisions of the Certification for Paperwork Reduction Act Submissions.

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