OMB requests that EPA reformat the Supporting Statement A to the standard 18 question format for submission of the final rule package. In addition, OMB requests that EPA submit the following as supplemental documents: cut and paste the regulatory text that includes the ICR (sections 60.5740a and 60.23a(a), 60.5710a, 60.23a(c), 60.23a(f), 60.5790a, 60.23a(e); the submission instructions under part 60.5800; and screen shots of the electronic portal where the documents are submitted online. Lastly, OMB expects in the final supporting statement that the cost numbers for the summary estimates include citations and references to how they are derived in the main supporting statement itself. The extra tables are useful, but the supporting statement should be able to be understood without referencing the separate tables.
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Pursuant to Clean Air Act (CAA) section 111(d), the United States Environmental Protection Agency (EPA) is proposing a BSER and states will set standards of performance for CO2 emissions from existing fossil fuel-fired EGUs and guidelines for states to use in developing plans. For purposes of these guidelines, fossil fuel-fired EGUs are coal-fired steam generating units that generate electricity for sale and are larger than 25 megawatts (MW). Existing sources include those EGUs that commenced construction on or before August 31, 2018.
The EPA is proposing these guidelines because CO2 is a greenhouse gas (GHG), and fossil fuel-fired power plants are the countryâs largest stationary source emitters of GHGs. The EPA in 2009 found that by causing or contributing to climate change, GHGs endanger both the public health and the public welfare of current and future generations.
This proposed action requires those states with one or more EGUs covered under this subpart to develop plans to implement the emission guidelines and submit the plans to EPA for approval. If an approvable state plan is not submitted by August 31, 2018, EPA will develop a federal plan according to 40 CFR 60.27a to implement the emission guidelines in those states. Owners and operators of EGUs not covered by an approved state plan must comply with the federal plan. The federal plan is an interim action and will be automatically withdrawn when the state plan is approved. Those states that have no EGUs for which construction commenced on or before August 31, 2018 would submit a negative declaration letter in place of the state plan.
The emission guidelines include required components of the state plan, the BSER determination, timing requirements for submitting the state plan, and criteria for affected sources (EGUs). Under the timing requirements provisions in the proposed implementing regulations, states are given 3 years after promulgation of the emission guidelines to submit their plans.
This proposed action imposes no new information collection burden on affected sources (EGUs) during the first 3 years after final rule promulgation beyond what those sources would already be subject to under the authorities of 40 CFR parts 75 and 98. The Office of Management and Budget (OMB) has previously approved the information collection requirements contained in the existing 40 CFR parts 75 and 98 regulations under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and has assigned OMB control numbers 2060-0258, 2060-0667, 2060-0445 and 2060-0629, respectively. There are no new information collection costs for these affected sources during the first 3 years, as the information required for these sources by the proposed guidelines is already collected and reported by other regulatory programs during this period.
The only respondents expected to incur new information collection burden are those states with one or more EGUs covered under this subpart.
This ICR is for a new collection, accounting for the burden related to the reporting and recordkeeping requirements being introduced in the proposed rule
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:
(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;
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.
2503ss03.docx
2503t03-industry.xlsx
Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units (40 CFR Part 60, Subpart UUUU) (Proposed Rule) - States