NESHAP for Mercury Cell Chlor-Alkali Plants (40 CFR part 63, subpart IIIII) (Supplemental Proposed Rule)

Forms and Documents

Document Name	Status
2046ss06.docx Supporting Statement A	2011-01-06

IC Document Collections

IC ID	Document Title	Status
24786	NESHAP for Mercury Cell Chlor-Alkali Plants (40 CFR part 63, subpart IIIII)	Modified

ICR Details

OMB Control No: 2060-0542	ICR Reference No: 201103-2060-004
Status: Historical Inactive	Previous ICR Reference No: 201001-2060-011
Agency/Subagency: EPA/OAR	Agency Tracking No: 2046.06
Title: NESHAP for Mercury Cell Chlor-Alkali Plants (40 CFR part 63, subpart IIIII) (Supplemental Proposed Rule)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 06/02/2011
	Date Received in OIRA: 03/14/2011
Terms of Clearance: OMB is withholding approval at this time. Prior to publication of the final rule, the agency should provide a summary of any comments related to the information collection and their response, including any changes made to the ICR as a result of comments. In addition, the agency must enter the correct burden estimates. This action has no effect on any current approvals.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2013	05/31/2013	05/31/2013
Responses	18	0	18
Time Burden (Hours)	14,553	0	14,553
Cost Burden (Dollars)	73,800	0	73,800

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Abstract: Section 112 of the Clean Air Act requires EPA to establish standards to limit emissions of HAP from stationary sources. Specifically, section 112(c)(6) requires EPA to list source categories and subcagetories assuring that sources accounting for not less than 90 percent of the aggregate emissions of each of seven specific pollutants (including mercury) are subject to standards under section 112(d) of the CAA. Facilities in the mercury cell chlor-alkali plant source category that may be subject to the rule contribute to nationwide mercury emissions. Section 114 of the CAA gives EPA the authority to collect data and information necessary to enforce standards established under section 112 of the CAA. Certain records and reports are necessary to enable the Administrator to: (1) identify existing and new sources subject to the Mercury Cell Chlor-Alkali NESHAP; and (2) ensure that the requirements in the Mercury Cell Chlor-Alkali NESHAP are being achived. The information will be used by EPA's enforcement personnel to: (1) identify existing and new area source HAP emission points subject to the Mercury Chlor-Alkali NESHAP, (2) identify the emission control devices and control methodologies being applied, and (3) ensure that the emission control devices and control methodologies are being properly operated and maintained on a continuous basis. In addition, records and reports are necessary to enable EPA to identify the facilities that may not be in compliance with the Mercury Cell Chlor-Alkali NESHAP. Based on the reported information, EPA can decide which facilities should be inspected and what records or processes should be inspected at these facilities. The records that facilities maintain indicates to EPA whether facility personnel are operating and maintaining emission control devices and control methodologies properly. Respondents are owners or operators of all existing and new mercury emitting affected sources in the mercury cell chlor-alkali plant subcategory of the chlorine production source category. The source category and affected sources regulated by the Mercury Cell Chlor-Alkali NESHAP are classified under the four-digit Standard Industrial Classification (SIC) Code 2812, for "Alkalies and Chlorine." The corresponding North American Industrial Classification System (NAICS) codes is 325181, "Alkalies and Chlorine Manufacturing." However, not all processes classified in these SIC and NAICS codes are regulated by the Mercury Cell Chlor-Alkali NESHAP.

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Authorizing Statute(s): US Code: 42 USC 112 Name of Law: Clean Air Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2060-AN99	Proposed rulemaking	76 FR 13852	03/14/2011

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
NESHAP for Mercury Cell Chlor-Alkali Plants (40 CFR part 63, subpart IIIII)

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Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: Requirements associated with new proposed rulemaking. The proposed amendments are in response to a petition to reconsider several aspects of the rule from the Natural Resources Defense Council (NRDC). These proposed requirements would prohibit emissions of mercury, which facilities could meet by either converting to non mercury technology or ceasing their chlorine production operations.

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Annual Cost to Federal Government: $207

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 03/14/2011

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