NESHAP for Site Remediation (40 CFR part 63, subpart GGGGG) (Proposed Rule)

Forms and Documents

Document Name	Status
2062ss06.docx Supporting Statement A	2016-05-20

IC Document Collections

IC ID	Document Title	Status
46113	NESHAP for Site Remediation (40 CFR part 63, subpart GGGGG) (Renewal) - Federal Government	Modified
46112	NESHAP for Site Remediation (40 CFR part 63, subpart GGGGG) (Renewal) - State, Local and Tribal Government	Modified
24778	NESHAP for Site Remediation (40 CFR part 63, subpart GGGGG) (Renewal) - Private Sector	Modified

ICR Details

OMB Control No: 2060-0534	ICR Reference No: 201605-2060-009
Status: Historical Inactive	Previous ICR Reference No: 201304-2060-004
Agency/Subagency: EPA/OAR	Agency Tracking No: 2062.06
Title: NESHAP for Site Remediation (40 CFR part 63, subpart GGGGG) (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: 09/07/2016
	Date Received in OIRA: 05/20/2016
Terms of Clearance: In accordance with 5 CFR 1320, OMB is withholding approval at this time. Prior to publication of the final rule, the agency must submit to OMB a summary of all comments related to the information collection contained in the proposed rule and the agency response. The agency should clearly indicate any changes made to the information collection as a result of these comments.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2016	36 Months From Approved	11/30/2016
Responses	572	0	572
Time Burden (Hours)	140,338	0	140,338
Cost Burden (Dollars)	582,000	0	582,000

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Abstract: The NESHAP for Site Remediation was proposed on July 30, 2001, and promulgated on October 8, 2003. Other amendments to these regulations were proposed on May 1, 2006, and promulgated on November 29, 2006. These regulations apply to site remediation activities that use certain types of equipment to clean up materials containing organics that potentially could be released to the atmosphere as a hazardous air pollutant (HAP). These site remediation activities can potentially be conducted at any facility where materials containing organic HAP currently are or have been stored, processed, treated, or otherwise managed at the facility. The types of businesses most likely to be subject to the rule include, but are not limited to, organic liquid storage terminals, petroleum refineries, chemical manufacturing facilities, and manufacturing facilities using organic materials. This information is being collected to assure compliance with 40 CFR part 63, subpart GGGGG. In general, all NESHAP standards require initial notifications, performance tests, and periodic reports by the owners/operators of the affected facilities. They are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. These notifications, reports, and records are essential in determining compliance, and are required of all affected facilities subject to NESHAP. This proposed rulemaking would amend title 40, chapter I, part 63 subpart GGGGG by removing an exemption from the applicability provisions for site remediation activities performed under the authority of the Comprehensive Environmental Response and Compensation Liability Act (CERCLA) and for site remediation activities performed under a Resource Conservation and Recovery Act (RCRA) corrective action or other required RCRA order. Burden changes associated with the proposed amendments would result from emissions control and monitoring, recordkeeping and reporting requirements for facilities that now become subject to subpart GGGGG.

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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-AN36	Proposed rulemaking	81 FR 29821	05/13/2016

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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: 3

IC Title	Form No.	Form Name
NESHAP for Site Remediation (40 CFR part 63, subpart GGGGG) (Renewal) - Federal Government
NESHAP for Site Remediation (40 CFR part 63, subpart GGGGG) (Renewal) - Private Sector
NESHAP for Site Remediation (40 CFR part 63, subpart GGGGG) (Renewal) - State, Local and Tribal Government

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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: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: This proposed rulemaking would amend title 40, chapter I, part 63 subpart GGGGG by removing an exemption from the applicability provisions for site remediation activities performed under the authority of the Comprehensive Environmental Response and Compensation Liability Act (CERCLA) and for site remediation activities performed under a Resource Conservation and Recovery Act (RCRA) corrective action or other required RCRA order. Burden changes associated with the proposed amendments would result from emissions control and monitoring, recordkeeping and reporting requirements for facilities that now become subject to subpart GGGGG.

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Annual Cost to Federal Government: $305,791

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: 05/20/2016

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