Daily Rules, Proposed Rules, and Notices of the Federal Government


[EPA-HQ-OECA-2009-0417; FRL-8985-1]

Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; NSPS for the Phosphate Fertilizer Industry, EPA ICR Number 1061.11, OMB Control Number 2060-0037

AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. The ICR, which is abstracted below, describes the nature of the collection and the estimated burden and cost.
DATES: Additional comments may be submitted on or before December 28, 2009.
ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-OECA-2009-0417, to (1) EPA online using preferred method), or by e-mail,or by mail to: EPA Docket Center (EPA/DC), Environmental Protection Agency, Enforcement and Compliance Docket and Information Center, mail code 28221T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, and (2) OMB at: Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT: Robert C. Marshall, Jr., Office of Compliance, Mail code: 2223A, Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460; telephone number: (202) 564-7021; fax number: (202) 564-0050; e-mail

EPA has submitted the following ICR to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. On July 8, 2009 (74 FR 32580), EPA sought comments on this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional comments on this ICR should be submitted to EPA and OMB within 30 days of this notice.

EPA has established a public docket for this ICR under docket ID number EPA-HQ-OECA-2009-0417, which is available for public viewing online at,in person viewing at the Enforcement and Compliance Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is (202) 566-1744, and the telephone number for the Enforcement and Compliance Docket is (202) 566-1752.

Use EPA's electronic docket and comment system at,to submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the docket that are available electronically. Once in the system, select “docket search,” then key in the docket ID number identified above. Please note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing at,as EPA receives them and without change, unless the comment contains copyrighted material, Confidential Business Information (CBI), or other information whose public disclosure is restricted by statute. For further information about the electronic docket, go to

Title:NSPS for the Phosphate Fertilizer Industry (Renewal).

ICR Numbers:EPA ICR Number 1061.11, OMB Control Number 2060-0037.

ICR Status:This ICR is scheduled to expire on December 31, 2009. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in theFederal Registerwhen approved, are listed in 40 CFR part 9, and displayed either by publication in theFederal Registeror by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9.

Abstract:40 CFR part 60, subparts T, U, V, W, and X, applies to owners and operators of each phosphate fertilizer production and storage facility. The provisions of this subpart apply to wet-process phosphoric acid plants having a design capacity of more than 15 tons of equivalent phosphorous pentoxide (P2O5) feed per calendar day. The affected facility includes any combination of: reactors, filters, evaporators, and hot wells. Any facility that commences construction or modification after October 22, 1974 is subject to the requirements. Owners and operators must conduct an initial performance test, record amounts of feed material and storage, record pressure drop across control devices, and comply with a total fluoride emission standard. In addition to the monitoring, recordkeeping and reporting requirements listed in the General Provisions (40 CFR part 60), the phosphate fertilizer industry is required to meet the specific requirements at 40 CFR part 60, subparts T, U, V, W, and X to determine if compliance has been achieved.

Burden Statement:The annual public reporting and recordkeeping burden for this collection of information is estimated to average 46 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements which have subsequently changed; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.

Respondents/Affected Entities:Phosphate fertilizer plants.

Estimated Number of Respondents:13.

Frequency of Response:Initially, occasionally, and semiannually.

Estimated Total Annual Hour Burden:1,194.

Estimated Total Annual Cost:$437,702, which includes $117,512 in labor costs, no annualized capital/startup costs and $320,190 in operation and maintenance (OM) costs.

Changes in the Estimates:There is no change in the labor hours in this ICR compared to the previous ICR. This is due to two considerations. First, theregulations have not changed over the past three years and are not anticipated to change over the next three years. Secondly, the growth rate for respondents is very low, negative, or non-existent. Therefore, the labor hours in the previous ICR reflect the current burden to the respondents and are reiterated in this ICR. There is a minor change to the cost figures because the previous ICR used a technical labor rate only. The updated labor categories and associated rates result in an increase to total labor cost. In addition, the previous ICR rounded to the nearest $1,000; this ICR presents cost figures which differ by less than $500 from the previous ICR due to using exact figures instead of rounding.

Dated: November 16, 2009. John Moses, Director, Collection Strategies Division.