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

Forms and Documents

Document Name	Status
2046ss04.doc Supporting Statement A	2008-06-11

IC Document Collections

IC ID	Document Title	Status
24786	NESHAP for Mercury Cell Chlor-Alkali Plants (40 CFR part 63, subpart IIIII)	Modified
185324	NESHAP for Mercury Cell Chlor-alkali Plants (40 CFR part 63, subpart IIIII) (Proposed Amendments)	New

ICR Details

OMB Control No: 2060-0542	ICR Reference No: 200806-2060-005
Status: Historical Inactive	Previous ICR Reference No: 200612-2060-003
Agency/Subagency: EPA/OAR	Agency Tracking No: 2046.04
Title: NESHAP for Mercury Cell Chlor-Alkali Plants (40 CFR part 63, subpart IIIII) (Proposed Rule)
Type of Information Collection: Extension without change 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: 12/31/2008
	Date Received in OIRA: 06/11/2008
Terms of Clearance: Terms of the previous clearance remain in effect. 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. In addition, the agency must enter the correct burden estimates in the ROCIS system.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2010	36 Months From Approved	05/31/2010
Responses	18	0	18
Time Burden (Hours)	14,558	0	14,558
Cost Burden (Dollars)	73,998	0	73,998

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Abstract: This proposed rule would amend the national emission standards for hazardous air pollutants (NESHAP) for mercury emissions from mercury cell chlor-alkali plants (40 CFR Part 63, subpart IIIII). This NESHAP (hereafter called the "2003 Mercury Cell MACT") limited mercury air emissions from these plants. Following promulgation of the 2003 Mercury Cell Maximum Achievable Control Technology (MACT) NESHAP, EPA received a petition to reconsider several aspects of the rule from the Natural Resources Defense Council (NRDC). NRDC also filed a petition for judicial review of the rule in the U.S. Court of Appeals for the D.C. Circuit. By a letter dated April 8, 2004, EPA granted NRDC's petition for reconsideration, and on July 20, 2004, the Court placed the petition for judicial review in abeyance pending EPA's action on reconsideration. This action is EPA's proposed response to NRDC's petition for reconsideration. We are not proposing any amendments to the control and monitoring requirements for stack emissions of mercury established by the 2003 Mercury Cell MACT. This proposed rule would amend the requirements for cell room fugitive mercury emissions to require work practice standards for the cell rooms and to require instrumental monitoring of cell room fugitive mercury emissions. This proposed rule would also amend aspects of these work practice standards would correct errors and inconsistencies in the 2003 Mercury Cell MACT that have been brought to our attention.

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Authorizing Statute(s): US Code: 42 USC 7401 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	73 FR 33257	06/11/2008

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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: 2

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

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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: The increase in burden for this ICR is as result of proposed amendments to the the national emission standards for hazardous air pollutants (NESHAP) for mercury emissions from mercury cell chlor-alkali plants (40 CFR Part 63, subpart IIIII). This proposed rule would amend the requirements for cell room fugitive mercury emissions to require work practice standards for the cell rooms and to require instrumental monitoring of cell room fugitive mercury emissions. This proposed rule would also amend aspects of these work practice standards would correct errors and inconsistencies in the 2003 Mercury Cell MACT that have been brought to our attention.

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Annual Cost to Federal Government: $43,063

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]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

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: 06/11/2008

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