NESHAP for Coal- and Oil-fired Electric Utility Steam Generating Units (40 CFR Part 63, Subpart UUUUU) (Proposed Rule)

Forms and Documents

Document Name	Status
2137t12_v.xlsx Supplementary Document	2025-07-11
2137ss12.docx Supporting Statement A	2025-07-11

IC Document Collections

IC ID	Document Title	Status
41790	NESHAP for Coal- and Oil-fired Electric Utility Steam Generating Units (40 CFR Part 63, Subpart UUUUU) - Private Other-Screenshot	Modified
241317	Public sector - semiannual and quarterly reporting Other-Screenshot	Modified

ICR Details

OMB Control No: 2060-0567	ICR Reference No: 202507-2060-002
Status: Received in OIRA	Previous ICR Reference No: 202203-2060-015
Agency/Subagency: EPA/OAR	Agency Tracking No: 2137.12
Title: NESHAP for Coal- and Oil-fired Electric Utility Steam Generating Units (40 CFR Part 63, Subpart UUUUU) (Proposed Rule)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 07/11/2025

	Requested	Previously Approved
Expiration Date	36 Months From Approved	10/31/2027
Responses	1,574	1,414
Time Burden (Hours)	179,300	273,000
Cost Burden (Dollars)	49,300,000	102,000,000

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Abstract: The National Emission Standards for Hazardous Air Pollutants (NESHAP) for Coal- and Oil-Fired Electric Utility Steam Generating Units (40 CFR Part 63, Subpart UUUUU) were proposed on May 3, 2011, and promulgated on February 16, 2012. The rule was subsequently amended on: March 24, 2015 (80 FR 15510); April 6, 2017 (82 FR 16736); April 15, 2020 (85 FR 20838); September 9, 2020 (85 FR 55744); and May 7, 2024 (89 FR 38508). This proposed amendment supersedes previous reporting requirements. These regulations apply to each individual or group of two or more new, reconstructed, or existing electric utility steam generating units (EGUs) within a contiguous area and under common control. An EGU is defined as a fossil fuel-fired combustion unit of more than 25 megawatts electric (MWe) that serves a generator that produces electricity for sale, or a fossil fuel-fired unit that cogenerates steam and electricity and supplies more than one-third of its potential electric output capacity and more than 25 MWe output to any utility power distribution system for sale. New facilities include those that commenced construction or reconstruction after May 3, 2011. This information is being collected to assure compliance with 40 CFR Part 63, Subpart UUUUU. In general, NESHAP regulations typically 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 for each EGU, 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. Any owner/operator subject to the provisions of subpart UUUUU shall maintain a file containing these documents and retain the file for at least five years following the generation date of such maintenance reports and records.

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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-AW68	Proposed rulemaking	90 FR 25535	06/17/2025

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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 Coal- and Oil-fired Electric Utility Steam Generating Units (40 CFR Part 63, Subpart UUUUU) - Private
Public sector - semiannual and quarterly reporting

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	1,574	1,414	0	160	0	0
Annual Time Burden (Hours)	179,300	273,000	0	-93,700	0	0
Annual Cost Burden (Dollars)	49,300,000	102,000,000	0	-52,700,000	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: The change in affected unit counts occurred due to more accurate estimates of existing sources, updates to labor rates, and the removal of the requirement to use PM CEMS to demonstrate compliance with the PM emissions standard. This ICR, by in large, reflects the on-going burden and costs for existing sources; there are no new sources anticipated for the period of this ICR. Activities for existing sources include the continuous monitoring of pollutants and the submission of semiannual reports. Revisions to account for these changes in activity also reduce the estimated number of responses. The overall result is a decrease in burden hours and labor costs.

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Annual Cost to Federal Government: $401,000

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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? No

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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: 07/11/2025

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