1
PART
A
OF
THE
SUPPORTING
STATEMENT
1.
Identification
of
the
Information
Collection
(
a)
Title
and
Number
of
Information
Collection.

"
Reporting
and
Recordkeeping
Requirements
for
National
Volatile
Organic
Compound
Emission
Standards
for
Consumer
Products."
The
Environmental
Protection
Agency
(
EPA)
tracking
number
for
this
information
collection
request
(
ICR)
is
1764.01.
This
is
a
renewal
of
a
continuing
ICR,
OMB
No.
2060­
0348,
expiration
date
December
31,
1999.

(
b)
Short
Characterization.

(
I)
Type
of
collection.

The
information
collection
includes
initial
reports
and
periodic
recordkeeping
necessary
for
the
EPA
to
ensure
compliance
with
the
federal
standards
for
consumer
products.
Respondents
are
manufacturers
and
importers
of
consumer
products.

(
ii)
Content
of
reports.

All
manufacturers
and
importers
of
consumer
products
subject
to
this
rule
must
submit
an
initial
report
by
the
compliance
date
of
the
proposed
rule.
The
"
Initial
Notification
Report"
must
include
(
1)
company
name;
(
2)
list
of
affected
product
categories;
(
3)
location
of
corporate
headquarters;
(
4)
location
where
formulation
and
batch
records
are
maintained;
(
5)
description
of
any
date
codes
used
on
product
labeling;
and
(
6)
name,
title,
and
signature
of
the
certifying
company
official.

Respondents
have
no
periodic
reporting
requirements.
Another
reporting
requirement,
in
addition
to
the
initial
report,
is
to
provide
an
updated
description
of
any
date
codes
that
may
have
been
revised
subsequent
to
submittal
of
the
initial
report.

Respondents
seeking
a
variance
must
submit
an
application
which
provides
information
to
EPA
necessary
in
determining
whether
to
grant
the
variance.
The
application
would
include
the
specific
grounds
on
which
the
variance
is
sought,
proposed
date
by
which
the
requirements
of
the
rule
will
be
met,
and
a
plan
for
achieving
compliance.

Supporting
documentation
is
required
of
companies
who
wish
to
market
a
product
subject
to
the
"
innovative
products"
provisions
of
the
rule.
This
documentation
includes
information
on
VOC
emissions
from
the
use
of
the
product
as
compared
to
emissions
from
a
product
formulated
in
compliance
with
the
table
of
standards.

The
rule
requires
that
the
labels
of
all
subject
consumer
products
display
the
date
of
manufacture.
However,
there
should
be
no
additional
burden
imposed
due
to
this
labeling
requirement
because
manufacturers
routinely
date­
code
their
products.
The
date
can
be
in
coded
2
form.
All
manufacturers
and
importers
of
subject
products
must
submit
an
explanation
of
all
date
codes
used.
Date
code
explanations
must
be
submitted
with
the
initial
report.
Thereafter,
respondents
must
submit
explanations
of
any
new
date
code
within
30
days
of
its
first
use.

(
iii)
Recordkeeping
requirements.

All
manufacturers
and
importers
of
subject
consumer
products
are
required
to
maintain
records
of
formulations
and
actual
batch
records
for
all
consumer
products
covered
by
the
rule.
If
requested
by
EPA,
the
manufacturer
or
importer
must
demonstrate
to
EPA's
satisfaction
that
actual
product
content
adheres
to
the
formulation(
s)
on
record.

All
information
is
routinely
kept
by
companies
and
consists
of
formulation
data
and
information
on
ingredients
used
in
each
batch.
There
are
no
testing
or
calculations
required
to
create
this
data,
except
for
one­
time
emission
testing
of
charcoal
lighter
materials
formulations.

All
records
required
under
the
rule
must
be
retained
for
3
years.

2.
Need
for
and
Use
of
the
Collection
(
a)
Need/
Authority
for
the
Collection.

The
EPA
is
required
under
Section
183(
e)
of
the
Clean
Air
Act
(
Act)
to
regulate
VOC
emissions
from
the
use
of
consumer
and
commercial
products.
Pursuant
to
Section
183(
e)(
3),
the
EPA
published
a
list
of
consumer
and
commercial
products
and
a
schedule
for
their
regulation
on
March
23,
1995
(
60
FR
15264).
Consumer
products
were
included
in
Group
I
of
the
list,
and
standards
were
promulgated
on
September
11,
1998.
In
the
Administrator's
judgment,
VOC
emissions
from
the
use
of
consumer
products
contribute
to
ground­
level
ozone
formation
in
ozone
nonattainment
areas.

The
reports
and
recordkeeping
activities
required
under
the
rule
enable
the
EPA
to
determine
whether
or
not
consumer
products
manufactured
or
imported
for
use
in
the
U.
S.
meet
the
VOC
content
limits.
Minimal
reporting
is
required.
Initial
reporting
consists
of
information
needed
by
EPA
to
(
1)
identify
the
universe
of
manufacturers
and
importers
subject
to
the
rule;
(
2)
determine
the
date
of
manufacture
of
products;
(
3)
ascertain
the
location
of
formulation
and
batch
records
for
purposes
of
compliance
assurance;
and
(
4)
have
on
record
a
responsible
company
official
as
a
primary
contact.
Notification
of
the
use
of
revised
date
codes
enable
EPA
to
have
access
to
the
most
current
codes.

Respondents
seeking
a
variance
are
required
to
submit
an
application
which
includes
the
grounds
upon
which
the
variance
is
being
sought,
the
proposed
date
for
coming
into
compliance,
and
a
plan
for
achieving
compliance.

Companies
desiring
to
market
a
product
under
the
"
innovative
products"
provisions
are
required
to
submit
documentation
of
the
VOC
emissions
from
the
use
of
the
product
as
compared
to
emissions
from
a
product
formulated
in
compliance
with
the
table
of
standards.
3
Recordkeeping,
consisting
of
maintenance
of
formulation
data
and
batch
records,
enable
EPA
to
determine
whether
a
product
offered
for
sale
was,
in
fact,
manufactured
with
a
VOC
content
in
compliance
with
the
limits.
There
are
no
required
testing
or
calculations
except
for
one­
time
emission
testing
of
charcoal
lighter
fluid
formulations.

(
b)
Use/
Users
of
the
Information.

Agency
enforcement
personnel
will
use
the
information
collected
to
(
1)
identify
manufacturers
and
importers
subject
to
the
rule;
and
(
2)
ensure
that
consumer
products
comply
with
the
VOC
content
standards.
These
activities
are
essential
to
compliance
assurance.

3.
The
Respondents
and
the
Information
Requested
(
a)
Respondents/
SIC
Codes.

Respondents
to
this
information
collection
are
manufacturers
and
importers
of
consumer
products.
Manufacturers
of
consumer
products
fall
within
standard
industrial
classification
(
SIC)
284,
including
"
Soap,
Detergents,
Cleaning
Preparations"
and
"
Perfumes,
Cosmetics,
and
Other
Toilet
Preparations;"
SIC
287,
"
Agricultural
Chemicals;"
and
SIC
289,
"
Miscellaneous
Chemical
Products."

(
b)
Information
Requested.

(
I)
Data
items.

Table
1,
Source
Data
and
Information
Requirements,
summarizes
the
recordkeeping
and
reporting
requirements.

(
ii)
Respondent
Activities.

The
respondent
activities
required
for
all
manufacturers
and
importers
of
regulated
products
are
listed
in
Table
3.

4.
The
Information
Collected­­
Agency
Activities,
Collection
Methodology,
and
Information
Management.

(
a)
Agency
Activities.

A
list
of
activities
required
of
the
EPA
is
provided
in
Table
4.

(
b)
Collection
Methodology
and
Management
The
information
collected
under
this
rule
will
be
maintained
in
a
computerized
database.
As
noted
in
section
2(
b)
of
this
ICR,
the
information
collected
is
a
necessary
part
of
compliance
determination.
4
(
c)
Small
Entity
Flexibility.

Under
the
rule,
there
are
no
specific
provisions
for
small
entity
flexibility.
However,
companies
subject
to
the
rule
can
apply
for
variances
in
cases
where
the
company,
because
of
extraordinary
reasons
beyond
reasonable
control,
cannot
comply
with
the
rule.
While
all
variance
applications
will
receive
close
scrutiny,
EPA
will
give
full
consideration
to
the
special
needs
of
small
manufacturers
and
importers.

(
d)
Collection
Schedule.

By
December
10,
1998
[
December
10,
1999
for
consumer
products
that
are
also
regulated
under
the
Federal
Insecticide,
Fungicide,
and
Rodenticide
Act
(
FIFRA)],
or
within
30
days
of
becoming
subject
to
the
rule,
manufacturers
and
importers
of
regulated
products
must
submit
to
EPA
an
Initial
Notification
Report.
The
content
of
this
report
is
outlined
in
section
1(
b)(
ii)
of
this
ICR.

5.
Nonduplication,
Consultations,
and
Other
Collection
Criteria
(
a)
Nonduplication.

The
information
collected
pursuant
to
the
proposed
regulation
consists
primarily
of
the
VOC
content
for
specific
categories
of
consumer
products.
Several
States
regulate
consumer
products
and
require
certain
recordkeeping
and
reporting
activities.
The
proposed
rule
includes
requirements
consistent
with
State
rules
to
the
extent
practical
in
order
to
minimize
the
cumulative
burden
to
the
industry.

(
b)
Consultations
Significant
input
and
information
was
received
from
the
affected
industry,
State
and
local
governments,
and
environmental
groups
during
development
of
the
rule.
Table
2
shows
a
list
of
external
parties
who
have
participated
in
meetings
with
EPA
and/
or
provided
input
during
development
of
the
rule.
In
addition,
public
comments
have
been
reviewed
and
utilized.
The
public
comments
are
located
in
the
docket
for
this
rule
making
(
Docket
A­
95­
40).
The
Federal
Register
document
required
under
5
CFR
1320.8(
d),
soliciting
comments
on
this
collection
of
information
was
published
on
June
18,
1999
(
64
FR
32856);
no
comments
were
received.

(
c)
Effects
of
Less
Frequent
Collection.

This
ICR
includes
one­
time
initial
reports
by
all
manufacturers
and
importers
of
subject
consumer
products.
Periodic
reporting
is
not
required.
Consequently,
less
frequent
reporting
is
not
an
issue.

Formulation
and
batch
records
are
required
to
be
kept
on
a
per­
product
basis.
This
information
is
normally
maintained
by
consumer
product
manufacturers.
Because
there
is
no
analytical
test
method
for
determining
the
VOC
content
of
consumer
products,
maintaining
records
of
each
batch
is
essential
for
compliance
assurance.
Accordingly,
lesser
degrees
of
recordkeeping
would
make
compliance
determination
difficult
if
not
impossible.
5
6
TABLE
1
SOURCE
DATA
AND
INFORMATION
REQUIREMENTS
Recordkeeping
!
Records
of
formulations
in
use
59.209(
a)

!
Records
of
composition
of
each
batch
of
production
59.209(
a)

!
Records
of
charcoal
lighter
materials
testing
59.209(
c)

Reporting
!
Initial
report
59.209(
d)

!
Report
of
change
of
date
coding
system
59.209(
e)

!
Application
for
variance
59.206(
a)

!
Documentation
of
"
innovative
products"
59.204(
d)
7
(
d)
General
Guidelines.

This
ICR
adheres
to
the
guidelines
for
Federal
data
requesters,
as
provided
at
5
CFR
1320.6.
The
regulation
requires
that
records
be
maintained
for
3
years.
This
period
of
record
retention
is
consistent
with
other
ongoing
similar
programs
and
allows
enough
record
history
for
inspectors
to
adequately
monitor
compliance.

(
e)
Confidentiality.

(
I)
Confidentiality.

All
information
submitted
to
the
Agency
for
which
a
claim
of
confidentiality
is
made
will
be
safeguarded
according
to
the
Agency
policies
set
forth
in
Title
40,
Chapter
1,
Part
2,
Subpart
B­­
Confidentiality
of
Business
Information
(
see
40
CFR
2;
41
FR
36092,
September
1,
1976;
amended
by
43
FR
39999,
September
8,
1978;
43
FR
42251,
September
28,
1978;
44
FR
17674,
March
23,
1979).

(
ii)
Sensitive
Questions.

This
section
is
not
applicable
because
this
ICR
does
not
involve
matters
of
a
sensitive
nature.

6.
Estimating
the
Burden
and
Cost
of
the
Collection
Because
this
is
a
renewal
of
an
existing
ICR,
these
estimates
represent
the
average
annual
burden
that
will
be
incurred
by
the
affected
industry
after
the
first
year
the
standards
have
been
effective.
Therefore,
the
following
assumptions
apply
to
the
burden
and
cost
calculations
for
the
3­
year
period
beginning
in
January
2000:

S
Total
number
of
affected
sources
is
3000.

S
Labor
rates
are
based
on
Table
2
of
Bureau
of
Labor
Statistics
Employment
Cost
Trends.
Overhead
of
100
percent
was
added,
resulting
in
the
following
labor
rates:
management
($
69);
technical
($
48);
and
clerical
($
32).

S
One­
time
Initial
Notification
Reports
already
will
have
been
submitted
by
sources
subject
to
the
December
10,
1998
and
December
10,
1999
compliance
dates.

S
Number
of
"
new"
respondents
submitting
the
one­
time
Initial
Notification
Reports
will
be
1
percent
of
the
total
number
of
affected
sources,
or
about
30
per
year.

S
Number
of
respondents
submitting
notifications
of
change
of
date
code
system
will
be
1
percent
of
the
total
affected
sources,
or
about
30
per
year.

S
Number
of
respondents
submitting
variance
applications
will
be
10
per
year.

S
Number
of
respondents
submitting
innovative
products
documentation
will
be
5
per
year.

S
Only
incremental
burden
imposed
by
this
rule
was
considered.
Recordkeeping
activities
already
performed
by
sources
regardless
of
the
existence
of
this
rule
are
not
included
in
the
burden
calculation.

S
Number
of
respondents
performing
"
new"
recordkeeping
because
of
this
rule
will
be
10
percent
of
the
total
number
of
affected
sources.

S
The
burden
of
planning
for
recordkeeping
will
be
2
hours
per
year.

S
The
burden
of
maintaining
batch
records
will
be
8
hours
per
month.
8
S
The
burden
of
maintaining
records
of
charcoal
lighter
material
test
results
will
be
1
hour
per
year
(
a)
Estimating
Respondent
Burden.

The
average
annual
burden
estimates
for
reporting
and
recordkeeping
requirements
for
all
manufacturers
and
importers
of
subject
products
are
presented
in
Table
3.
These
numbers
were
derived
from
estimates
based
on
the
EPA's
experience
with
other
standards,
and
from
information
obtained
from
the
industry
representatives
listed
in
Table
2.
These
estimates
represent
the
average
annual
burden
that
will
be
incurred
by
the
affected
industry
for
the
3
years
beginning
in
January
2000.

(
b)
Estimating
Respondent
Costs.

Table
3
also
presents
estimated
costs
for
the
required
recordkeeping
and
reporting
activities.
Labor
rates
and
associated
overhead
costs
are
based
on
the
assumptions
stated
above
and
are
hourly
rates
of
$
69
for
management
personnel,
$
48
for
technical
personnel,
and
$
32
for
clerical
personnel.

There
are
no
capital
costs
associated
with
the
rule.
9
TABLE
2
CONSULTATIONS
Douglas
Fratz
Chemical
Specialties
Manufacturers
Association
Catherine
Beckley
The
Cosmetic,
Toiletry,
and
Fragrance
Association
Nick
Fendinger
Procter
&
Gamble
James
Reimer
Lamaur
Corporation
Douglas
Raymond
Sherwin
Williams
(
c)
Estimating
Agency
Burden
and
Cost.

Because
the
information
collection
requirements
were
estimated
as
an
incidental
part
of
the
standard
development,
no
costs
can
be
attributed
to
the
development
of
the
information
collection
requirements.
Because
reporting
and
recordkeeping
requirements
on
the
part
of
respondents
are
required
under
section
183(
e)
of
the
Act,
no
operational
costs
will
be
incurred
by
the
Federal
government.
Examination
of
records
to
be
maintained
by
the
respondents
will
occur
incidentally
as
a
part
of
the
periodic
inspection
of
sources
that
is
part
of
the
EPA's
overall
compliance
and
enforcement
program
and
is
not
attributable
to
this
ICR.
The
only
costs
that
the
Federal
government
will
incur
are
costs
associated
with
the
review
of
reported
information,
as
presented
in
Table
4.
Labor
rates
and
associated
costs
are
based
on
the
same
estimated
industry
hourly
rates
as
follows:
management
at
$
69,
technical
at
$
48,
and
clerical
at
$
32.

(
d)
Bottom
Line
Burden
Hours
and
Costs/
Master
Tables.

(
I)
The
simple
collection.

The
bottom
line
respondent
burden
hours
and
cost,
presented
in
Table
3,
are
calculated
by
summing
the
person­
hours
column
and
by
summing
the
cost
column.
The
annual
burden
and
cost
averaged
over
the
3
years
beginning
in
January
2000
is
29,550
hours
and
$
970,500.

(
ii)
The
Agency
tally.

The
bottom
line
Agency
burden
and
cost,
presented
in
Table
4
is
calculated
in
the
same
manner
as
the
respondent
burden
and
cost.
The
estimated
annual
burden
and
cost
averaged
over
the
first
3
years
are
190.8
hours
and
$
9,319.

(
iii)
The
complex
collection.

This
ICR
is
a
simple
collection;
therefore
this
section
does
not
apply.

(
iv)
Variations
in
the
annual
bottom
line.

The
EPA
does
not
anticipate
any
significant
annual
variations
in
the
bottom
line
after
the
first
year
the
rule
is
in
effect.

(
e)
Reasons
for
Change
in
Burden.
10
This
renewal
of
a
continuing
ICR
includes
the
following
one­
time
burden
and
cost
items:
reading
the
rule,
the
initial
report,
the
explanation
of
date
codes,
planning
activities,
and
modifying
product
labels.
To
develop
the
estimates
of
annual
average
burden,
these
one­
time
activities
were
averaged
over
3
years,
beginning
after
the
rule
has
been
effective
for
over
a
year.
Therefore,
the
EPA
assumes
that
the
vast
majority
of
one­
time
Initial
Notification
Reports
already
will
have
been
submitted
by
January
2000.
Consequently,
only
"
new"
notifications
will
be
submitted
during
the
period
covered
by
this
ICR
renewal.
The
assumptions
used
as
a
basis
for
the
burden
calculations
more
fully
explain
this
concept.
11
TABLE
3
INDUSTRY
BURDEN
FOR
THE
CONSUMER
PRODUCTS
RULE
Burden
Item
(
A)
Person
Hours
per
Occurrence
(
B)
Number
of
Occurrences
per
Respondent
per
Year
(
C)

Person
Hours
per
Respondent
per
Year
(
C=
AxB)
Dollars
per
Hour
(
D)
Respondents
per
Year
(
E)
Total
Hours
per
Year
(
E=
CxD)
Total
Cost
per
Year
($)

Reporting
Read
instructions
2
1
2
69
30
60
4,140
Gather
information
1
1
1
48
30
30
1,440
Initial
report
1
1
1
32
30
30
960
Update
date
code
1
1
1
32
30
30
960
Variance
application
2
1
2
69
10
20
1,380
Innovative
products
appl.
24
1
24
48
5
120
5,760
Recordkeeping
Read
instructions
(
above)

Plan
activities
2
1
2
69
300
600
41,400
Implementation
8
12
96
32
300
28,800
921,600
Charcoal
lighter
results
1
1
1
32
5
5
160
Total
Industry
Burden
29,695
$
977,800
12
TABLE
4
AGENCY
BURDEN
FOR
THE
CONSUMER
PRODUCTS
RULE
Burden
Item
(
A)
Person
Hours
per
Occurrence
(
B)
Occurrences
per
Year
(
C)

Person
Hours
per
Year
@
$
48
(
Technical)

(
C
=
A
x
B)
(
D)

Person
Hours
per
Year
@
$
69
(
Management)

(
D
=
C
x
0.05)
(
E)

Person
Hours
per
Year
@
$
32
(
Clerical)

(
E
=
C
x
0.01)
(
F)
Total
Person
Hours
per
Year
(
G)
Total
Cost
per
Year
($)

Initial
report
1.0
30
30
1.5
0.3
31.8
1,553
Revise
date
code
1.0
30
30
1.5
0.3
31.8
1,553
Variance
applic.
8.0
10
80
4.0
0.8
84.8
4,142
Innovative
prod.
8.0
5
40
2.0
0.4
42.4
2,071
Total
Burden
75
180
9
1.8
190.8
$
9,319
