NESHAP for Primary Copper Smelters (40 CFR part 63, subpart QQQ) (Final Rule)

Forms and Documents

Document Name	Status
1850t11.xlsx Supplementary Document	2025-02-28
1850t11.xlsx Supplementary Document	2025-02-28
1850ss11.docx Supporting Statement A	2025-02-28
1850ss11.docx Supporting Statement A	2025-02-28

IC Document Collections

IC ID	Document Title	Status
24701	NESHAP for Primary Copper Smelters (40 CFR Part 63, Subpart QQQ) Other-System Screenshots	Modified

ICR Details

OMB Control No: 2060-0476	ICR Reference No: 202502-2060-038
Status: Active	Previous ICR Reference No: 202111-2060-002
Agency/Subagency: EPA/OAR	Agency Tracking No: 1850.11
Title: NESHAP for Primary Copper Smelters (40 CFR part 63, subpart QQQ) (Final Rule)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 03/13/2026
Retrieve Notice of Action (NOA)	Date Received in OIRA: 02/28/2025
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is approved for three years.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2029	36 Months From Approved	03/31/2026
Responses	42	0	26
Time Burden (Hours)	6,491	0	6,300
Cost Burden (Dollars)	301,898	0	5,480

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Abstract: In this action, EPA is finalizing amendments that require electronic reporting of results of performance tests and CEMS performance evaluations, fugitive dust plans and notification of compliance reports, remove the requirement to submit certain information related to the malfunction exemption, and impose other rule revisions that affect reporting and recordkeeping requirements for primary copper smelting facilities, such as requirements to submit new performance test reports and to maintain new operating parameter records to demonstrate compliance with new standards. This information will be collected to assure compliance with 40 CFR part 63, subpart QQQ.

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Authorizing Statute(s): US Code: 42 USC 7401 et seq 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-AU63	Final or interim final rulemaking	89 FR 41648	05/13/2024

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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 Primary Copper Smelters (40 CFR Part 63, Subpart QQQ)

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	42	26	0	16	0	0
Annual Time Burden (Hours)	6,491	6,300	0	191	0	0
Annual Cost Burden (Dollars)	301,898	5,480	0	296,418	0	0

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: This ICR is prepared for final amendments to the NESHAP for Primary Copper Smelting (40 CFR, Part 63, Subpart QQQ). These final amendments include: (1) adjust references to the Part 63 General Provisions (40 CFR, Part 63, Subpart A) and revise provisions in the NESHAP (40 CFR Part 63, Subpart QQQ) to remove the SSM exemption and SSM plan requirement; (2) add electronic submittal of notifications of compliance and performance test reports; (3) add emission limits for particulate matter (PM), as surrogate for HAP metals, for anode refining furnace point source emissions; (4) add emission limits for PM, a surrogate for HAP metals, for new converters; (5) add emission limits for PM, as surrogate for HAP metals, as well as a lead limit for process fugitive emissions from anode furnaces, smelting furnaces and converters; (6) add limits for mercury emissions from the combination of point source emissions from converters, smelting furnaces, and anode refining (7) add emission limits for benzene, toluene, chlorine, hydrogen chloride, polycyclic aromatic hydrocarbons, dioxins/furans from the combination of point source emissions from converters, smelting furnaces, and anode refining (8) add emission limit for PM, a surrogate for HAP metals, for the combination of the Hoboken converter process fugitive capture system; (9) add design standards for the combination of Peirce Smith converters, Inco flash furnaces and anode refining point sources; and (9) add work practices for the use of a bypass stack. Where applicable, adjustments for these final amendments are reflected in Tables 1 and 2 of this ICR. There are currently two facilities subject to subpart QQQ. The labor rates that were used reflect rates for 2022 instead of 2018. The burden estimate for familiarizing with regulatory requirements was increased to reflect the time it would take industry to review the final amendments. Additional performance testing is required under the final rule. Many of the other burden items are one-time requirements that would apply only to new respondents and there no new respondents are estimated over the 3-year period of this ICR. There is no additional burden associated with electronic reporting beyond reading the rule and any technical memoranda. Any burden associated with developing SSM plans and submitting periodic SSM reports were removed.

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Annual Cost to Federal Government: $23,900

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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? No

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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: 02/28/2025

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