[Federal Register: April 9, 1998 (Volume 63, Number 68)]
[Notices]
[Page 17406-17409]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ap98-78]

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ENVIRONMENTAL PROTECTION AGENCY

[AD-FRL-5993-7]


Agency Information Collection Activities: Proposed Collection;
Comment Request; Electric Utility Steam Generating Unit Mercury
Emissions Collection Effort

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that EPA is planning to submit the
following proposed Information Collection Request (ICR) to the Office
of Management and Budget (OMB): Electric Utility Steam Generating Unit
Mercury Emissions Information Collection Effort Information Collection
Request; EPA ICR No. 1858.01. Before submitting the ICR to OMB for
review and approval, EPA is soliciting comments on specific aspects of
the proposed information collection as described below.

DATES: Comments must be submitted on of before June 8, 1998.

ADDRESSES:Comments. Comments should be submitted (in duplicate, if
possible) to: U.S. Environmental Protection Agency, Air and Radiation
Docket and Information Center (6102), Attention Docket No. A-92-55,
Room M-1500, 401 M Street, S.W., Washington, D.C. 20460. The EPA
requests that a separate copy also be sent to Mr. William Maxwell,
Combustion Group (MD-13), U.S. Environmental Protection Agency,
Research Triangle Park, North Carolina 27711.

Copies of ICR

    The draft ICR and other relevant materials, including the draft
supporting statement, are available from the docket at the above
address in Room M-1500, Waterside Mall (ground floor), phone number
(202) 260-7548. A reasonable fee may be charged for copying. The docket
is open for public inspection and copying between 8:00 a.m. and 4:00
p.m., Monday through Friday, except for Federal holidays. Copies of the
draft ICR may also be obtained free of charge from the EPA's website
listing Federal Register Notices at ``http://www.epa.gov/ttn/oarpg/
t3pfpr.html'' or by contacting one of the people listed below.

Public Meeting

    The EPA plans to hold a public meeting in Washington, D.C., at
which time interested parties can provide comment on this ICR. A
document will be published in the near future in the Federal Register
announcing the date, time, and location of this meeting.

FOR FURTHER INFORMATION CONTACT: For information concerning specific
aspects of this ICR, contact Mr. William Maxwell [telephone number
(919) 541-5430; facsimile number (919) 541-5450; e-mail
``maxwell.bill@epa.gov''], Combustion Group, Emission Standards
Division (MD-13); or Mr. William Grimley [telephone number (919) 541-
1065; facsimile number (919) 541-1039; e-mail
``grimley.william@epa.gov''], Emission Measurement Center,

[[Page 17407]]

Emission Monitoring and Analysis Division (MD-19), U.S. Environmental
Protection Agency, Research Triangle Park, North Carolina 27711.

SUPPLEMENTARY INFORMATION:
    Affected entities: Entities potentially affected by this action are
owners and operators of coal-fired electric utility steam generating
units as defined by section 112(a)(8) of the Clean Air Act, as amended
(the Act).
    Title: Electric Utility Steam Generating Unit Mercury Emissions
Information Collection Effort Information Collection Request; EPA ICR
No. 1858.01.
    Abstract: Section 112(n)(1)(A) of the Act requires EPA to perform a
study of the hazards to public health reasonably anticipated to occur
as a result of emissions by electric utility steam generating units of
hazardous air pollutants (HAPs) after imposition of the requirements of
the Act and to prepare a Report to Congress containing the results of
the study. The Agency is to proceed with rulemaking activities under
section 112 to control HAP emissions from utilities if EPA finds such
regulation is appropriate and necessary after considering the results
of the study. The study has been completed and the Final Report to
Congress was issued on February 24, 1998.
    In the Final Report to Congress, the EPA stated that mercury is the
HAP emission of greatest potential concern from coal-fired utilities
and that additional research and monitoring are merited. The EPA also
listed a number of research needs related to such mercury emissions.
These include obtaining additional data on the mercury content of
various types of coal as burned in electric utility steam generating
units and additional data on mercury emissions to the atmosphere (e.g.,
how much is emitted from various types of units; how much is divalent
vs. elemental mercury; and how do factors such as control device, fuel
type, and plant configuration affect emissions and speciation).
    As indicated above, section 112(n)(1)(A) of the Act requires the
Administrator to regulate electric utility steam generating units under
section 112 if the Administrator finds that such regulation is
appropriate and necessary after ``considering the results of the
study'' noted above. The Administrator interprets the quoted language
as indicating that the results of the study are to play a principle,
but not exclusive, role in informing the Administrator's decision as to
whether it is appropriate and necessary to regulate electric utility
steam generating units under section 112. The Administrator believes
that in addition to considering the results of the study, she may
consider any other available information in making her decision. The
Administrator also believes that she is authorized to collect and
evaluate any additional information which may be necessary to make an
informed decision.
    After carefully considering the Final Report to Congress, the
Administrator has concluded that obtaining additional information under
the authority of section 114 of the Act prior to making the required
determination is appropriate. In the Final Report to Congress, the EPA
stated that at this time, the available information, on balance,
indicates that utility mercury emissions are of sufficient potential
concern for public health to merit further research and monitoring. The
EPA acknowledged that there are substantial uncertainties that make it
difficult to quantify the magnitude of the risks due to utility mercury
emissions, and that further research and/or evaluation would be needed
to reduce those uncertainties. The EPA believes that among those
uncertainties are: (i) the actual cumulative amount of mercury being
emitted by all electric utility steam generating units on an annual
basis; (ii) the speciation of the mercury which is being emitted; and,
(iii) the effectiveness of various control technologies in reducing the
volume of each form of mercury which is emitted.
    To address the question of the cumulative amount of mercury
potentially being emitted by all electric utility steam generating
units on an annual basis, the EPA believes that it is necessary to
require the owners/operators of all such units to provide information
on the mercury content of the coal burned in each unit as well as the
volume of coal burned in each unit. Thus, the ICR includes a
requirement for the owners/operators of all coal-fired electric utility
steam generating units with a capacity greater than 25 megawatts
electric (MWe) to periodically measure the mercury content of the coal
which they burn on a weekly basis and report the results together with
the corresponding volume of coal burned in each unit.
    In preparing the Final Report to Congress, the Agency had available
mercury emission data from a number of utility boilers. These data
included measurements of the mercury emitted during various stages of
the process (e.g., exiting the boiler, exiting the various control
devices). Research conducted during the period between acquisition of
these data and release of the report has highlighted the importance of
the specific valence state of the emitted mercury on the ability of a
particular control device to remove mercury from the exhaust gas
stream. In addition, advances have been made in emission testing
methodologies that more accurately differentiate among the various
species of mercury that may be emitted from an electric utility steam
generating unit. Thus, the ICR also includes provisions for acquiring
additional speciated mercury data on both controlled and uncontrolled
air emissions so that the relationship between mercury content and
other characteristics of the coal, the species of mercury formed in the
boiler, and the mercury removal performance of various control devices
may be further evaluated.
    Although the actual variables that affect mercury speciation are
still being determined in ongoing research efforts, two variables that
appear to have an effect are coal characteristics and scrubber type.
For purposes of grouping the coal-fired units (boilers) into
categories, these two variables were used so that a more representative
sample of coal-fired units can be selected for testing. Coal
characteristics are related to the coal type, which is defined as
either bituminous (including anthracite for this ICR), subbituminous,
or lignite. Scrubber type is defined as either a dry-scrubber (of any
type/model), wet-scrubber (of any type/model), or no scrubber at all.
    ICR Description: To address the issues related to coal
characteristics, this ICR requires that the owner/operator of each
facility at which one or more individual coal-fired unit(s) (boiler(s))
is (are) located (there are approximately 421 nationwide) provide
periodic analyses of all coals fired. This would be accomplished by
obtaining weekly as-fired coal analyses from each distinct coal storage
pile, including silos, etc., in use at the facility, rather than from
each boiler located at the facility. In this way, information will be
provided from which the amount of mercury entering each of the
approximately 1,017 coal-fired boilers (nationwide) may be estimated at
a minimum burden level for any given facility. It would also be
necessary to measure and record the amount of coal burned in each week
and identify the source of the coal (e.g., State, seam, etc.). Each
coal sample would be analyzed using one of several standardized
analytical methods for mercury, chlorine, and other specified items.
These analyses would be obtained either by direct sampling and analysis
by each owner/operator or by submission of suitable analyses

[[Page 17408]]

provided by the coal supplier. Analyses performed by the coal supplier
would not be considered suitable if the coal would subsequently be
cleaned at the facility where the electric utility steam generating
unit(s) is (are) located. The Agency will ultimately apply appropriate
correction factors to these data to derive a reasonable estimate of the
total amount of mercury emitted by each coal-fired electric utility
steam generating unit on an annual basis. To better evaluate whether
mercury emissions from coal-fired electric utility steam generating
units vary over time and to provide information to the public on
mercury emissions over time, the Agency is considering requiring coal
sampling and emissions reporting to be conducted for a number of years.
    To address the issues related to scrubber type, this ICR also
requires that quarterly, triplicate simultaneous before/after control
device stack sampling be performed by a subset of boilers using a
specified mercury speciation method. During the stack testing, a
statistically appropriate number of coal samples would be required to
be collected for analysis. When dealing with a large population
(approximately 1,017 individual boilers) of this nature with
consideration being made for the cost of the data collection effort
(which involves sampling the fewest number of units possible without
compromising the integrity of the data being collected), a
statistically representative sample is considered to be 30. These
samples can be selected in one of two ways: equally among the viable
categories or proportional allocation of sample to stratified
population (units within each category). The universe of boilers was
divided into nine scrubber type/coal characteristic categories. One
possible category had no members, leaving eight viable categories. A
proportional allocation methodology was selected, with provisions being
made for having at least two members selected from each category
(assessing one sample would provide no basis for comparison).
    A random selection process will be used to determine what units are
required to participate in this testing program. If possible, once a
unit from a particular site (facility) has been selected, no other
unit(s) at that site will be chosen for that particular category (i.e.,
some facilities have units with different scrubber types or that burn
coal from different sources). This will provide the Agency with more
information from a larger number of facilities. Appropriate quality
assurance/quality control (QA/QC) procedures would be required for each
part of the ICR.
    Burden Statement: 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; 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.
    The total annual reporting and recordkeeping burden for this ICR is
estimated to be 40,516 hours and $14,659,264. This is the estimated
burden for 421 facilities to provide coal analyses (assuming no more
than two coal storage piles per facility) and 30 units to provide
speciated mercury emission data. The average annual base reporting and
recordkeeping burden and cost for this information collection for
facilities having units subject only to the first component of the
mercury emissions data gathering effort is 37 hours and $22,925. The
average annual per electric utility steam generating unit base
reporting and recordkeeping burden and cost for this information
collection for units subject to the second component of the mercury
emissions data gathering effort is 174 hours and $166,928. This ICR
does not include any requirements that would cause the respondents to
incur either capital and start-up costs or operation and maintenance
costs. The EPA has assumed that all respondents will contract (i.e.,
purchase services) for the weekly coal analyses and for the quarterly
stack testing. These costs are $8,804,800 for the coal analyses and
$4,800,000 for the stack testing.

Request for Comments

    The EPA solicits comments on the following aspects of the ICR
itself.
    1. Will the information that the Agency proposes to collect have
practical utility in informing the Administrator's decision on whether
it is appropriate and necessary to regulate HAP emissions from electric
utility steam generating units under section 112 of the Act?
    2. Is the Agency's estimate of the burden of the proposed
collection of information, including the validity of the methodology
and assumptions used, accurate?
    3. Are there ways to enhance the quality, utility, and clarity of
the information to be collected?
    4. How can the Agency best minimize the burden of the collection of
information on those who are to respond? Through the use of appropriate
automated electronic, mechanical, or other technological collection
techniques or other forms of information technology (e.g., permitting
electronic submission of responses)?
    The Agency also solicits comment on the following specific
technical issues.
    1. What is the exact amount, representativeness, and sufficiency of
information on the mercury content of as-fired coal that already
exists?
    2. To what extent are analyses of mercury in as-fired coal
currently being performed?
    3. Do coal analyses performed on cleaned coal by coal suppliers
accurately represent as-fired coal to the same degree as analyses of
actual on-site samples?
    4. What factors could increase or decrease the number of individual
samples needed to identify with reasonable certainty an average annual
mercury in coal value for a particular unit?
    5. What is the minimum number of individual samples required for a
particular unit to identify with reasonable certainty an average annual
mercury in coal value?
    6. Would a statistical sampling approach provide comprehensive data
on the mercury content of the total volume of as-fired coal burned in
electric utility steam generating units comparable in quality and
reliability to that obtained by requiring the sampling of all such
coals?
    7. Could a particular facility be placed at a competitive
disadvantage due to a disproportionate cost burden in either the coal
or stack testing?
    8. What is the specific amount, representativeness, and sufficiency
of information on the speciation of mercury in stack gases that already
exists or is currently being collected?
    9. What difficulties in sampling at those sources selected for
stack testing might occur due to unusual operating or physical
characteristics?
    10. Would requiring coal sampling and analyses for more than one
year provide information that would be valuable to the public, as well
as allow the Agency to better evaluate whether the characteristics of
the as-fired coal burned in electric utility steam generating units
vary over time and the impact of any such variation on mercury

[[Page 17409]]

emissions? The Agency seeks comment also on how best to design a
mercury monitoring protocol beyond the first year.
    Finally, the Agency requests comment on the following four general
questions.
    1. Are there other approaches to obtaining the desired information
that the Agency could take which would provide data of comparable, or
better, quality at a reduced burden?
    2. Will the information which the Agency proposes to collect
provide the Administrator with all of the information on the quantity
and speciation of mercury emissions from electric utility steam
generating units needed to determine whether it is appropriate and
necessary to regulate HAP emissions from electric utility steam
generating units under section 112 of the Act and to develop
appropriate regulations if the Administrator determines that such
regulation is appropriate and necessary?
    3. Does the population of electric utility steam generating units
from which the Agency proposes to obtain information (i.e.,
approximately 1,017 coal-fired boilers at approximately 421 facilities)
adequately reflect the true population that meets the section 112(a)(8)
definition (i.e., a population that may include publicly-owned utility
companies, rural electric cooperatives, investor-owned utility
generating companies, and non-utility generators)?
    4. Is there any other information which the Agency should obtain to
inform the Administrator's decision of whether it is appropriate and
necessary to regulate HAP emissions from electric utility steam
generating units under section 112 of the Act?
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information that is sent to ten or more
persons unless it displays a currently valid OMB control number. The
OMB control numbers for EPA's approved information collection requests
are listed in 40 CFR part 9 and 48 CFR Chapter 15. This notice is the
first step in obtaining approval for the ICR described above.

    Dated: April 3, 1998.
Richard D. Wilson,
Acting Assistant Administrator, Office of Air and Radiation.
[FR Doc. 98-9390 Filed 4-8-98; 8:45 am]
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