  SEQ CHAPTER \h \r 1 SUPPORTING STATEMENT

NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS (NESHAP) FOR
PAINT AND ALLIED PRODUCTS MANUFACTURING AREA SOURCES

 

PART A

1.0  	Identification of the Information Collection

(a) 	Title and Number of the Information Collection.

	“National Emission Standards for Hazardous Air Pollutants (NESHAP)
for the Paint and Allied Products Manufacturing Area Source Category.”
 This is a new information collection request (ICR), and the EPA
tracking number is XXXX.XX. 

 (b) 	Short Characterization.

	This ICR covers information collection requirements in the final area
source rule for the Paint and Allied Products Manufacturing Area Source
Category (40 CFR part 63, subpart CCCCCCC).

	The potential respondents are owners or operators of any existing or
new paint and allied products manufacturing facility that is an area
source of hazardous air pollutants (HAP) emissions and  uses or has the
potential to emit urban air toxics, defined to be the compounds of
benzene, cadmium, chromium, lead, methylene chloride, and nickel.  There
are an estimated 2,510 facilities subject to the NESHAP for the Paint
and Allied Products Manufacturing Area Source Category.  The category
includes any facility primarily engaged in the production of paints,
inks, adhesives, stains, varnishes, shellacs, putties, sealers, caulks,
and other coatings which are intended to leave a dried film of solid
material on a substrate.  The affected sources consist of paint and
coating manufacturing, adhesive manufacturing, printing ink
manufacturing, and miscellaneous chemical product and preparation
manufacturing – writing and stamp inks facilities that use or have
potential to emit any of the listed urban air toxics.  Existing area
source paint and allied products manufacturing facilities are currently
well-controlled in terms of urban air toxics emissions as a result of
product reformulation, State and national standards, permitting
requirements, OSHA workplace standards, and/or management practices
already taken by the industry to reduce air toxics.  

	Compliance, Monitoring, Reporting, and Recordkeeping    The new
requirements for existing area sources include an Initial Notification
and Notification of Compliance Status.  In addition, the requirements
include annual certification that the management practices are being
followed and control systems, if any, are properly operated and
maintained.  The annual certification is required to be kept on site in
a readily-accessible location.  Facilities would be required to submit
this annual compliance form only if there are any deviations from the
control equipment or management practices.  Affected facilities would be
exempt from Title V permitting requirements, except where an affected
facility is required to obtain a Title V permit for reasons other than
this final rule.

	The information collection requirements for existing and new sources
for the Paint and Allied Products Manufacturing Area Source Category are
listed in Attachment 1.

2.  	Need For and Use of the Collection

(a)	Need/Authority for the Collection.

	Section 112 of the Clean Air Act (CAA) requires EPA to establish NESHAP
for both major and area sources of HAP that are listed for regulation
under CAA section 112(c).  An area source is a stationary source that is
not a major source (i.e., an area source does not emit and does not have
the potential to emit more than 10 tons per year [tpy] of any single HAP
and more than 25 tpy of any combination of HAP).  Requirements for area
sources in CAA sections 112(c)(3) and 112(k) direct EPA to (1) identify
at least 30 air toxics that present the greatest potential health threat
in the largest number of urban areas and (2) to identify sufficient area
source categories to ensure that sources representing 90 percent or more
of the emissions of the 30 “listed” HAP are subject to regulation. 
EPA implements these requirements through the Integrated Urban Air
Toxics Strategy (64 FR 38715, July 19, 1999).  EPA added Paint and
Allied Products Manufacturing to the Integrated Urban Air Toxics
Strategy area source category list on November 22, 2002 (67 FR 70427.) 
The initial listing of the Paint and Allied Products Manufacturing
Category was based on emissions of benzene, cadmium, chromium, lead,
methylene chloride, and nickel.  Each of these HAP is on the list of
30 HAP identified in the 1999 strategy.

Under  CAA section 112(d)(5), EPA may elect to promulgate HAP standards
for area sources based on the use of generally available control
technology (GACT) or management practices used by the sources.  EPA can
consider costs and economic impacts in determining GACT, which is
particularly important when developing regulations for source categories
that may have few establishments and many small businesses, or when
determining whether additional control is needed for sources that are
already well-controlled as a result of other air emissions standards.

	Certain records and reports are necessary for the Administrator to
confirm the compliance status of area sources, identify any new or
reconstructed sources subject to the standards, and confirm that the
standards are being achieved on a continuous basis.  These recordkeeping
and reporting requirements are specifically authorized by section 114 of
the Clean Air Act (42 U.S.C. 7414) and set out in the part 63 NESHAP
General Provisions.  The recordkeeping and reporting requirements for
title V permits are contained in 40 CFR 70.6 and 40 CFR 71.6.  Under
parts 63 and 70 or 71, the owner or operator must keep each record for 5
years following the date of each occurrence, measurement, maintenance,
corrective action, report, or record.    

 (b)	Use/Users of the Data.

	The information will be used by the delegated authority (State agency,
or Regional Administrator if there is no delegated State agency) to
ensure that the standards and other requirements are being achieved. 
Based on review of the recorded information at the site and the reported
information, the delegated permitting authority can identify facilities
that may not be in compliance and decide which facilities, records, or
processes may need inspection.

 

3.	Nonduplication, Consultations, and Other Collection Criteria

(a)	Nonduplication.

A computer search of EPA’s ongoing ICRs revealed no duplication of
information-gathering efforts. 

 (b)  	Public Notice Required Prior to ICR Submission to OMB.

	This section is not applicable because this is a rule-related ICR.

(c)	Consultations.

The proposed rule was developed in consultation with individual
companies, State agencies, and trade associations.  The non-EPA persons
consulted on the information collection activities are identified in
Table 1.

(d)	Effects of Less Frequent Collection.

	If the relevant information were collected less frequently, the
delegated permitting authority (State or EPA) will not be reasonably
assured that a facility is in compliance with the standards.

(e)	General Guidelines. 

	None of the guidelines in 5 CFR 1320.6 are being exceeded.

(f)	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 36902,
September 1, 1976; amended by 43 FR 39999, September 28, 1978; 43 FR
42251, September 28, 1978; 44 FR 17674, March 23, 1979).

(g)  	Sensitive Questions.  

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

TABLE 1.  PERSONS CONSULTED ON THE INFORMATION COLLECTION ACTIVITIES

Contact	Organization	Telephone No.

David Darling	National Paint & Coating Association

  HYPERLINK "mailto:ddarling@paint.org"  ddarling@paint.org  	(202)
719-3689

Allison Keane	National Paint & Coating Association

  HYPERLINK "mailto:akeane@paint.org"  akeane@paint.org  	(202) 719-3703

George Fuchs	National Association of Printing Ink Manufacturers

  HYPERLINK "mailto:gfuchs@napim.org"  gfuchs@napim.org  	(732) 855-1525

Mark Collatz	Adhesive and Sealant Council

  HYPERLINK "mailto:mark.collatz@ascouncil.org" 
mark.collatz@ascouncil.org 	(301) 986-9700



4.	The Respondents and the Information Requested

(a)	Respondents/NAICS Codes.

Potential respondents under Subpart CCCCCCC are owners or operators of
any existing or new facility engaged in the production of paints, inks,
stains, varnishes, shallacs, putties, sealers, caulks, adhesives, and
other coatings which is intended to leave a dried film of solid material
on a substrate.  Paint and allied products manufacturing facilities are
classified under the following  source categories:  Paint and Coating
Manufacturing (NAICS 325510), Adhesive Manufacturing (NAICS 325520),
Printing Ink Manufacturing (NAICS 325910), and Miscellaneous Chemical
Product and Preparation Manufacturing – Writing and Stamp Inks (NAICS
325998).  

There are an estimated 2,510 facilities that will be subject to the
NESHAP for Paint and Allied Products Manufacturing Area Source Category;
no new Paint and Allied Products Manufacturing area sources are expected
during the 3year period of this ICR.

 (b) Information Requested.

	(i)  Data Items, Including Recordkeeping Requirements.  Attachment 1,
Information Requirements, summarizes the data items, including
recordkeeping and reporting requirements, for the Paint and Allied
Products Manufacturing Area Source Category.

	(ii)  Respondent Activities.  The respondent activities that will be
required by the final rule are identified in Table 2 and are introduced
in section 6(a).

5.	The Information Collected–Agency Activities, Collection
Methodology, and Information Management

(a)	Agency Activities.

	The Agency activities associated with the proposed Paint and Allied
Products Manufacturing Area Source Category Rule are provided in Table 3
and are introduced in section 6(c).

(b)	Collection Methodology and Management.

	Data and records maintained by the respondents are tabulated and
published for use in compliance and enforcement programs of the
delegated permitting authority.  The notifications of compliance status,
annual compliance certifications, and reports of exceedences required
under the proposed rule are used for problem identification, as a check
on source operation and maintenance, and for compliance determinations. 
EPA is the permitting authority until the State agency is delegated
authority to implement the final rule.  Therefore, information contained
in the reports submitted to the Regional Administrator will be entered
into the Air Facility System (AFS), which is operated and maintained by
EPA’s Office of Compliance.  AFS is EPA’s database for the
collection, maintenance, and retrieval of compliance data for
approximately 125,000 industrial and government-owned facilities.  EPA
uses the AFS for tracking air pollution compliance and enforcement by
local and state regulatory agencies, EPA regional offices and EPA
headquarters.  EPA and its delegated authorities can edit, store,
retrieve and analyze the data.

(c)  	Small Entity Flexibility.

The Small Business Administration defines a small entity for the paint
and allied products manufacturing industry as a firm having less than
500 employees.  The only measurable costs attributable to the proposed
standards are the costs of the minimal notification, recordkeeping, and
reporting requirements.  The proposed standard is estimated to impact a
total of 2,510 area source facilities.  We estimate that all of these
facilities are small entities.  Our analysis indicates that the proposed
rule would not impose a significant adverse impact on any facilities,
large or small since these average costs are less than 0.3 percent of
revenues.  

  (d)  	Collection Schedule.

	The specific frequency for each information collection activity within
this request is shown in Table 2 for the Paint and Allied Products
Manufacturing Area Source Category.

6.   	Estimating the Burden and Cost of the Collection

(a)  	Estimating Respondent Burden.

	The annual burden estimates for the Paint and Allied Products
Manufacturing Area Source NESHAP are shown in Table 2.  These numbers
were derived from estimates based on EPA’s experience with other
standards.  No burden estimates are provided for new area sources
because no new facilities are expected to become affected sources during
the 3year period of this ICR.

(b)  	Estimating Respondent Costs.

	The information collection activities for the Paint and Allied products
Manufacturing Area Source NESHAP are presented in Table 2.  Because the
data are already collected by respondents as part of normal operations,
no respondent development costs are associated with the information
collection activities.

(i)  Estimating Labor Costs.  Labor rates and associated costs are based
on Bureau of Labor Statistics (BLS) data.  Technical, management, and
clerical average hourly rates for private industry workers were taken
from the United States Department of Labor, Bureau of Labor Statistics,
June 2007, “Table 2. National Compensation Survey:  Occupational Wages
in the United States” available at
http://www.bls.gov/ncs/ocs/sp/ncbl0910.pdf .  Wages for technical labor
are based on "Production occupations: Miscellaneous Assemblers &
Fabricators" with a total compensation of $15.08/hour.  Wages for
management labor are taken from "Production occupations:  First-line
supervisors/managers of production and operating workers" with a total
compensation of $22.99/hour.   Wages for clerical labor are based on
"Office and administrative support occupations:  File clerks" with a
total compensation of $12.25/hour.  These rates represent salaries plus
fringe benefits and do not include the cost of overhead.  An overhead
rate of 110 percent is used to account for these costs.  The
fully-burdened hourly wage rates used to represent respondent labor
costs are:  technical at $31.67, management at $48.28, and clerical at
$25.73.

	(ii)  Estimating Capital and Operations and Maintenance (O&M) Costs. 
There are no capital costs associated with the information collection
requirements of the Paint and Allied Products Manufacturing Area Source
NESHAP.  The final rule will not require affected facilities to purchase
monitoring systems.  There are no O&M costs associated with the Paint
and Allied Products Manufacturing Area Source NESHAP because existing
facilities are already in compliance with the requirements of the
proposed NESHAP.  Capital and O&M costs were not estimated for new
sources because no new sources are expected during the next 3-year
period.  

	(iii)  Annualizing Capital Costs.  For the Paint and Allied Products
Manufacturing Area Source NESHAP, there are no annualized capital costs.

(c)  	Estimating Agency Burden and Cost.

	Because the information collection requirements were developed as an
incidental part of standards development, no costs can be attributed to
the development of the information collection requirements.  Because
reporting and recordkeeping requirements on the part of the respondents
are required under the operating permits rules in 40 CFR part 70 or part
71 and the part 63 NESHAP General Provisions, no operational costs will
be incurred by the Federal Government.  Publication and distribution of
the information are part of the Compliance Data System, with the result
that no Federal costs can be directly attributed to the ICR. 
Examination of records to be maintained by the respondents will occur
incidentally as part of the periodic inspection of sources that is part
of EPA’s overall compliance and enforcement program, and, therefore,
is not attributable to the ICR.  The only costs that the Federal
government will incur are user costs associated with the analysis of the
reported information, as presented in Table 3.

	The Agency labor rates are from the Office of Personnel Management
(OPM) 2006 General Schedule which excludes locality rates of pay.  These
rates can be obtained from Salary Table 2006-GS available on the OPM
website,   HYPERLINK "http://www.opm.gov/oca/06tables/html/gs_h.asp" 
http://www.opm.gov/oca/06tables/html/gs_h.asp . The government employee
labor rates are $14.35/hour for clerical (GS-6, Step 3), $26.53 for
technical (GS-12, Step 1), and $35.75/hr for management (GS-13, Step 5).
 These rates were increased by 60 percent to include fringe benefits and
overhead.  The fully-burdened wage rates used to represent Agency labor
costs are:  clerical at $22.96; technical at $42.45, and management at
$57.20.

(d) 	Estimating the Respondent Universe and Total Burden and Costs.

There are an estimated 2,190 existing facilities that will be subject to
the Paint and Allied Products Manufacturing Area Source NESHAP.  No new
sources are expected during the next 3 years.  Consequently, the average
annual number of paint and allied products manufacturing facilities
during the 3-year period of this ICR is 2,190. 

For the Paint and Allied Products Manufacturing Area Source NESHAP, the
components of the total annual responses attributable to this ICR are
one-time initial notifications for the 2,190 facilities that will be
subject to the rule.  

The number of total annual responses for subpart CCCCCCC is estimated
as:  2,190 (730 annual average respondents × 1 notifications.)

 (e)	Bottom Line Burden Hours and Cost Tables.

(i)  Respondent tally.  The bottom line respondent burden hours and
costs, presented in Table 2 are calculated by adding person-hours per
year down each column for technical, managerial, and clerical staff, and
by adding down the cost column.  The average annual burden for the
recordkeeping and reporting requirements in subpart CCCCCCC for the
2,190 existing facilities that are subject to the Paint and Allied
Products Manufacturing Area Source NESHAP is 7,589 person-hours, with an
annual average cost of $975,545 and annualized capital costs of $0.

	(ii)  The Agency tally.  The average annual Federal Government cost is
$107,272 for 2,591 hours for subpart CCCCCCC. The bottom line Agency
burden hours and costs presented in Table 3 are calculated by adding
person-hours per year down each column for technical, managerial, and
clerical staff, and by adding down the cost column. 

	(iii)  Variations in the annual bottom line.  This section does not
apply since no significant variation is anticipated.

(f)	Reasons for Change in Burden.

	This section does not apply because this is a new ICR.

 (g)  	Burden Statement

	The average annual respondent burden for the final NESHAP for Paint and
Allied Products Manufacturing is estimated at 7,589 hours.

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.

	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 40 CFR part 63 are listed in 40 CFR part 9.

	

PART B

ATTACHMENT 1.  INFORMATION REQUIREMENTS--NESHAP FOR PAINT AND ALLIED
PRODUCTS MANUFACTURING AREA SOURCES

Requirement	Citation for existing sources	Citation for new sources
General Provisions citation

Monitoring	N/A	N/A	N/A

Notifications



	Notification of applicability	§63.11519(a)(1)	§63.11519(a)(1)	40 CFR
63.9(a)(2)

Notification of construction/reconstruction 	N/A	N/A	40 CFR 63.9(b)(5)

Notification of special compliance requirements 	N/A	N/A	40 CFR 63.9(d)

Notification of performance test	N/A	N/A	40 CFR 63.9(e)

Notification of opacity/VE observations	N/A	N/A	40 CFR 63.9(f)

Additional CMS notifications	N/A	N/A	40 CFR 63.9(g)

Notification of compliance status	§63. 11519(a)(2)	§63. 11519(a)(2)	40
CFR 63.9(h)

Notification of changes in information	N/A	N/A	40 CFR 63.9(j)

Plans



	SSM plan	N/A	N/A	40 CFR 63.6(e)(3)

Performance test plan	N/A	N/A	40 CFR 63.7(c)(2)

CMS quality control plan	N/A	N/A	40 CFR 63.8(d)

CMS performance evaluation test plan	N/A	N/A	40 CFR 63.8(e)(3)

Records



	Records of notifications	§63. 11519 (c)(1)(i)	§63. 11519 (c)(1)(i)	40
CFR 63.10

Records that demonstrate continuous compliance	§63. 11519
(c)(1)&(4)-(15)	§63. 11519 (c)(1)&(4)-(15)	40 CFR 63.10

Monitoring/inspection information	§63. 11519 (c)(2)&(3)	§63. 11519
(c)( 2)&(3)	40 CFR 63.10

Reports



	Reports of exceedences	§63. 11519 (b)(8)	§63. 11519 (b)(8)	N/A

Semiannual monitoring reports	N/A	N/A	N/A

Initial/repeat performance tests 	N/A	N/A	40 CFR 63.7(e)(1) /40
CFR63.6(h)(7)

Quality assurance test plan	N/A	N/A	40 CFR 63.7(c)

CMS performance evaluation/report	N/A	N/A	40 CFR 63.8(e)(5)

SSM reports	N/A	N/A	40 CFR 63.6(e)(3)

Excess emissions reports	N/A	N/A	40 CFR 63.10(e)(3)

Annual compliance certifications	§63. 11519 (b)(1)	§63. 11519 (b)(1)
N/A

 

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