SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

NESHAP for Pharmaceuticals Production (40 CFR Part 63, Subpart GGG)
(Revision)

1.  Identification of the Information Collection

1(a)  Title of the Information Collection

NESHAP for Pharmaceuticals Production (40 CFR Part 63, Subpart GGG) . 
This is a revised information collection request (ICR).  The EPA ICR
tracking number is 1781.05, and the OMB Control Number 2060-0358.

1(b)  Short Characterization/Abstract

This ICR is prepared for a U.S. Environmental Protection Agency (EPA)
rulemaking developed under authority of section 112 of the Clean Air Act
(CAA).  The rulemaking amends title 40, chapter I, part 63, subpart GGG,
National Emission Standards for Hazardous Air Pollutants from
Pharmaceuticals Production, of the Code of Federal Regulations (CFR). 
The current Pharmaceuticals Production NESHAP were proposed on April 2,
1997, and promulgated on September 21, 1998.  These standards apply to
facilities in the pharmaceuticals manufacturing operations that are
major sources of hazardous air pollutants (HAP).  The affected
facilities encompass all pharmaceuticals manufacturing operations that
include process vents, storage tanks, equipment components, and
wastewater systems commencing construction or reconstruction after the
date of that proposal.  This information is being collected to assure
compliance with 40 CFR part 63, subpart GGG.  HAP emissions are the
pollutants regulated under this subpart.  The amendments to the rule
eliminate the startup, shutdown, and malfunction exemption, remove the
SSM plan requirement, add provisions to provide an affirmative defense
against civil penalties for exceedances of emission standards caused by
malfunctions, and a requirement for electronic submittal of performance
test data, and correct an editorial error.  The remaining portions of
the NESHAP remain unchanged.  

In general, all NESHAP standards require initial notifications,
performance tests, and periodic reports.  Owners or operators are also
required to maintain records of the occurrence and duration of any
malfunctions in the operation of an affected facility, or any period
during which the monitoring system is inoperative.  These notifications,
reports, and records are essential in determining compliance and, in
general, are required of all sources subject to NESHAP.  This
information is used by the Agency to identify sources subject to the
standards to insure that the maximum achievable control technologies are
being applied.  Semiannual summary reports are also required.

Any owner or operator subject to the provisions of this part will
maintain a file of these measurements, and retain the file for at least
five years following the date of such measurements, maintenance reports,
and records.  All reports are sent to the delegated state or local
authority.  In the event that there is no such delegated authority, the
reports are sent directly to the United States Environmental Protection
Agency (EPA) regional office.

Based on our consultations with industry representatives, there is an
average of one affected facility at each plant site and that each plant
site has only one respondent (i.e., the owner/operator of the plant
site).

We have determined that there are an estimated 27 respondents currently
subject to this rule.  It is estimated that no additional sources will
become subject to the standard over the next three years.

All of the pharmaceutical production facilities in the United States are
owned and operated by the pharmaceutical industry (the “Affected
Public”).  None of the facilities in the United States are owned by
state, local, tribal or the Federal government.  They are all privately,
owned for-profit businesses.  The burden to the “Affected Public” is
listed below in Table 1: Annual Respondent Burden and Cost - NESHAP for
Pharmaceutical Production (40 CFR Part 63, Subpart GGG) (Revision).  The
Federal government burden associated with the review of reports
submitted by the respondent is shown below in Table 2: Average Annual
EPA Burden - NESHAP for Pharmaceutical Production (40 CFR Part 63,
Subpart GGG) (Revision).

2.  Need for and Use of the Collection

2(a)  Need/Authority for the Collection

The EPA is charged under section 112 of the Clean Air Act, as amended,
to establish standards of performance for each category or subcategory
of major sources and area sources of HAP.  These standards are
applicable to new or existing sources of HAP and shall require the
maximum degree of emission reduction.  In addition, section 114(a)
states that the Administrator may require any owner or operator subject
to any requirement of this Act to:

(A) Establish and maintain such records; (B) make such reports;    (C)
install, use, and maintain such monitoring equipment, and use such audit
procedures, or methods; (D) sample such emissions (in accordance with
such procedures or methods, at such locations, at such intervals, during
such periods, and in such manner as the Administrator shall prescribe);
(E) keep records on control equipment parameters, production variables
or other indirect data when direct monitoring of emissions is
impractical; (F) submit compliance certifications in accordance with
Section 114(a)(3);   and (G) provide such other information as the
Administrator may reasonably require.

In the Administrator's judgment, HAP pollutant emissions from
pharmaceuticals production (predominately methanol, methylene chloride
and toluene) cause, or contribute to air pollution that may reasonably
be anticipated to endanger public health or welfare.  Therefore, the
NESHAP standards were promulgated for this source category at 40 CFR
part 63, subpart GGG.

2(b)  Practical Utility/Users of the Data

The recordkeeping and reporting requirements in the standard ensure
compliance with the applicable regulations which were promulgated in
accordance with the Clean Air Act.  In addition, the collected
information is used for targeting inspections and as evidence in legal
proceedings.

Performance tests are required in order to determine an affected
facility’s initial capability to comply with the emission standard. 
Continuous emission monitors are used to ensure compliance with the
standard at all times.  During the performance tests, a record of the
operating parameters under which compliance was achieved may be recorded
and used to determine compliance in place of a continuous emission
monitor.

The notifications required in the standard are used to inform the Agency
or delegated authority when a source becomes subject to the requirements
of the regulations.  The reviewing authority may then inspect the source
to ensure that the pollution control devices are properly installed and
operated, that leaks are being detected and repaired, and that the
standards are being met.  The performance test may also be observed.

The required semiannual reports are used to determine periods of excess
emissions, identify problems at the facility, verify
operation/maintenance procedures, and for compliance determinations.

	The information generated by the monitoring, recordkeeping and
reporting requirements described in this ICR is used by the Agency to
ensure that facilities affected by the NESHAP continues to operate the
control equipment in compliance with the regulation.

3.  Non-duplication, Consultations, and Other Collection Criteria

The requested recordkeeping and reporting are required under 40 CFR part
63, subpart GGG.

3(a)  Non-duplication

If the subject standards have not been delegated, the information is
sent directly to the appropriate EPA regional office.  Otherwise, the
information is sent directly to the delegated state or local agency.  If
a state or local agency has adopted their own similar standards to
implement the Federal standards, a copy of the report submitted to the
state or local agency can be sent to the Administrator in lieu of the
report required by the Federal standards.  Therefore, no duplication
exists.

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

This is a rule-related ICR and comments were solicited on the proposal
package and the proposed ICR, which included no revisions.  This ICR
contains revisions from the proposed ICR to include burden associated
with the provisions for affirmative defense.

3(c)  Consultations

The Agency’s industry experts have been consulted, and the Agency’s
internal data sources and projections of industry growth over the next
three years have been considered.  The primary source of information as
reported by industry, in compliance with the recordkeeping and reporting
provisions in the standard, is the Online Tracking Information System
(OTIS) which is operated and maintained by the EPA Office of Compliance.
 OTIS is the EPA database for the collection, maintenance, and retrieval
of all compliance data.  The growth rate for the industry is based on
our consultations with the Agency’s internal industry experts.

Industry trade associations and other interested parties were provided
an opportunity to comment on the burden associated with the standard as
it was being developed.  During development of the original standards,
we contacted the Pharmaceutical Research and Manufacturers of America
(PhRMA), at (202) 835-3400, and Noramco Incorporated, at (302) 652-3840.

The number of sources was obtained by information gathered and public
comments for pharmaceutical facilities subject to 40 CFR part 63,
subpart GGG on the Residual Risk and Technology Review that was
completed in October of 2008, by EPA’s Office of Air Quality Planning
and Standards

3(d)  Effects of Less Frequent Collection

Less frequent information collection would decrease the margin of
assurance that facilities are continuing to meet the standards. 
Requirements for information gathering and recordkeeping are useful
techniques to ensure that good operation and maintenance practices are
applied and emission limitations are met.  If the information required
by these standards was collected less frequently, the proper operation
and maintenance of control equipment and the possibility of detecting
violations would be less likely.

3(e)  General Guidelines

None of these reporting or recordkeeping requirements violate any of the
regulations established by OMB at 5 CFR part 1320, section 1320.5.

These standards require the respondents to maintain all records,
including reports and notifications for at least five years.  This is
consistent with the General Provisions as applied to the standards.  EPA
believes that the five-year records retention requirement is consistent
with the Part 70 permit program and the five-year statute of limitations
on which the permit program is based.  The retention of records for five
years allows EPA to establish the compliance history of a source, any
pattern of non-compliance, and to determine the appropriate level of
enforcement action.  EPA has found that the most flagrant violators have
violations extending beyond the five years.  Without the five-year
record retention, EPA would be prevented from pursuing the violators due
to the destruction or nonexistence of essential records.

3(f)  Confidentiality

Any 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 (CBI) (see 40 CFR 2; 41 FR
36902, September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43
FR 42251, September 20, 1978; 44 FR 17674, March 23, 1979).

3(g)  Sensitive Questions

None of the reporting or recordkeeping requirements contain sensitive
questions.

4.  The Respondents and the Information Requested

4(a)  Respondents/SIC Codes

The respondents to the recordkeeping and reporting requirements are
pharmaceutical production facilities.  The North American Industry
Classification System (NAICS) codes are listed below for each source
category description.

Standard (40 CFR, part 63, subpart GGG)	NAICS Codes

Pharmaceutical Preparation Manufacturing	325412

Medicinal and Botanical Manufacturing	325411



4(b)  Information Requested

None of these reporting or recordkeeping requirements violate any of the
regulations established by OMB at 5 CFR part 1320, section 1320.5.

(i)  Data Items

In this ICR, all the data recorded or reported is required by the NESHAP
for Pharmaceuticals Production (40 CFR Part 63, Subpart GGG).

A source must make the following reports:

Notifications

Change in area source status (as applicable)	63.1(c)(5) 

Application and notification of construction/reconstruction 	63.5(b)(4),
63.5(d), 63.1260(c) 

Notification of applicability	63.9(a), 63.1260(b)

Notification of initial startup	63.9(b), 63.9(d), 63.1260(b)

Notification of initial performance test, submittal of test plan,
request of waiver of performance test	63.7(b)(1-2), 63.7(c), 63.7(f),
63.7(h), 63.9(e), 63.1257(b)(8), 63.1260(1)

Notification of delay (reschedule) of initial performance test
63.7(b)(2)

Notification of CMS performance evaluation and results	63.8(e)(2),
63.9(e)(5), 63.9(g)(1), 63.10(e)(2), 63.1260(d)

Notification of continue use of alternative to relative accuracy testing
has been exceeded	63.9(g)(3), 63.1260(d)

Notification of compliance status report (NOCSR)	63.9(h), 63.1260(f)

Initial performance test results	63.10(d)(2), 63.7(g) 63.1260(f)

Request for compliance extension and progress reports for compliance
extension (as applicable)	63.10(d)(4), 63.1250(f)(6), 63.1260(m)

Reports of  malfunctions 	63.1260(i)

Pre-compliance report (as applicable)	63.1260(e)

Notification of process change	63.1260(h)

Periodic reports	63.1260(g)

Reports of leak detection and repair (LDAR)	63.1260(j), 63.1255(h)

Reports of emissions averaging	63.1260(k)

Reports of malfunctions that result in an exceedances of the standard
for the purpose of affirmative defense	63.1250(g)(4)



A source must keep the following records:

Recordkeeping 

Recordkeeping requirements	63.10(a), 63.1259(a)

All reports and notifications	63.10(b)(1), 63.1259(a)(1)  

Record of applicability	63.10(b)(3), 63.1259(a)(2)



	Records of sources with continuous monitoring systems (CMS)
63.10(c)(1-14),

63.1259(a)(4)

Application for approval of construction/reconstruction	63.1259(a)(5)

Records of equipment operation	63.1259(b)

Records of operating scenarios	63.1259(c)

Records of LDAR programs	63.1259(d), 63.1255(g)

Records of emissions averaging	63.1259(e)

Records of delay of repair	63.1259(f)

Records of wastewater stream or residual transfer	63.1259(g)

Records of extensions	63.1259(h)

Records of inspections	63.1259(i)

Records should be retained for 5 years	63.10(b)(1), 63.1259(a)(1)



Electronic Reporting

Some of the respondents are using monitoring equipment that
automatically records parameter data.  Although personnel at the
affected facility must still evaluate the data, internal automation has
significantly reduced the burden associated with monitoring and
recordkeeping at a plant site.

Also, regulatory agencies, in cooperation with the respondents, continue
to create reporting systems to transmit data electronically.  However,
electronic reporting systems are not widely used.  At this time, it is
estimated that approximately 20 percent of the respondents are reporting
electronically.

The amendments to the NESHAP require that any performance tests
performed after December 31, 2011 be submitted electronically to EPA’s
Central Data Exchange by using the Electronic Reporting Tool (ERT) for
test methods that are compatible with ERT.  This new requirement to
submit the data to the ERT is in addition to the other existing
submission requirements for this data.

(ii)  Respondent Activities

Respondent Activities

Read instructions.

Plan compliance strategy (includes preparing implementation plans)

Perform initial performance test and repeat performance tests if
necessary.

Perform initial performance test, Reference Methods 1, 2, 3, 4, 18, 25,
and 26 test, and repeat performance test if necessary.

Write the notifications and reports listed above. 

Enter information required to be recorded above.

Submit the required reports developing, acquiring, installing, and
utilizing technology and systems for the purpose of collecting,
validating, and verifying information.

Develop, acquire, install, and utilize technology and systems for the
purpose of processing and maintaining information.

Develop, acquire, install, and utilize technology and systems for the
purpose of 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.

Transmit, or otherwise disclose the information.



	Currently, sources are using monitoring equipment that provides
parameter data in an automated way (e.g., continuous parameter
monitoring system).  Although personnel at the source still need to
evaluate the data, this type of monitoring equipment has significantly
reduced the burden associated with monitoring and recordkeeping.

EPA is including in Table 3 (located at the end of this supporting
statement) an estimate of the burden associated with performing an
affirmative defense.   EPA is providing this as an illustrative example
of the potential additional administrative burden a source may incur to
assert in an Affirmative Defense in response to an action to enforce the
standards set forth in the applicable subpart.  

This illustrative estimate is not considered a duplicate estimate of
cost under the General Duty to Minimize Emissions clause under
63.6(e)(1)(i), which states:  “At all times, the owner and operator
must operate and maintain any affected source, including associated air
pollution control equipment and monitoring equipment, in a manner
consistent with safety and good air pollution control practices for
minimizing emissions.  Determining whether such operation and
maintenance procedures are being used will be based on information
available to the Administrator which may include, but is not limited to,
monitoring results, review of operation and maintenance procedures,
review of operation and maintenance records, and inspection of the
source.”  

To provide the public with an estimate of the relative magnitude of the
burden associated with an assertion of the affirmative defense position
adopted by a source, EPA provides an administrative adjustment to this
ICR that estimates the costs of the notification, recordkeeping and
reporting requirements associated with the assertion of the affirmative
defense.  EPA’s estimate for the required notification, reports and
records, including the root cause analysis, associated with a single
incident totals approximately $3,141 and is based on the time and effort
required of a source to review relevant data, interview plant employees,
and document the events surrounding a malfunction that has caused an
exceedance of an emission limit.  The estimate also includes time to
produce and retain the records and reports for submission to EPA.  EPA
provides this illustrative estimate of this burden because these costs
are only incurred if there has been a violation and a source chooses to
take advantage of the affirmative defense.  

Of the number of excess emission events reported by source operators,
only a small number would be expected to result from a malfunction, and
only a subset of excess emissions caused by malfunctions would result in
the source choosing to assert the affirmative defense.  Thus we believe
the number of instances in which source operators might be expected to
avail themselves of the affirmative defense will be extremely small. 
For this reason, we estimate no more than 2 or 3 such occurrences for
all sources within a given category over the 3-year period covered by
this ICR.  For the purpose of this estimate, we are adding two (2)
instances of affirmative defense.  We expect to gather information on
such events in the future and will revise this estimate as better
information becomes available.  

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

5(a)  Agency Activities

EPA conducts the following activities in connection with the
acquisition, analysis, storage, and distribution of the required
information.

Agency Activities



Observe initial performance tests and repeat performance tests if
necessary.

Review notifications and reports, including performance test reports,
excess emissions reports, required to be submitted by industry.

Audit facility records.

Input, analyze, and maintain data in the OTIS.



5(b)  Collection Methodology and Management

Following notification of startup, the reviewing authority might inspect
the source to determine whether the pollution control devices are
properly installed and operational.  Performance test reports are used
by the Agency to discern a source’s initial capability to comply with
the emission standard, and note the operating conditions under which
compliance was achieved.  Data and records maintained by the respondents
are tabulated and published for use in compliance and enforcement
programs.

Information contained in the reports is entered into OTIS which is
operated and maintained by the EPA Office of Compliance.  OTIS is the
EPA database for the collection, maintenance, and retrieval of
compliance data for approximately 125,000 industrial and
government-owned facilities.  EPA uses OTIS for tracking air pollution
compliance and enforcement by local and state regulatory agencies, EPA
regional offices, and EPA headquarters.  EPA edit, store, retrieve and
analyze the data.

The records required by this regulation must be retained by the owner or
operator for five years.

5(c)  Small Entity Flexibility

	The majority of the respondents are large entities (i.e., large
businesses).  However, the impact on small entities (i.e., small
businesses) was taken into consideration during the development of the
regulation.  Due to technical considerations involving the process
operations and the types of control equipment employed, the
recordkeeping and reporting requirements are the same for both small and
large entities.  The Agency considers these to be the minimum
requirements needed to ensure compliance and, therefore, cannot reduce
them further for small entities.  To the extent that larger businesses
can use economies of scale to reduce their burden, the overall burden
will be reduced.

5(d)  Collection Schedule

The specific frequency for each information collection activity within
this request is shown below in Table 1: Annual Respondent Burden and
Cost - NESHAP for Pharmaceuticals Production (40 CFR Part 63, Subpart
GGG) (Revision).

6.  Estimating the Burden and Cost of the Collection

Table 1 documents the computation of individual burdens for the
recordkeeping and reporting requirements applicable to the industry for
the subpart included in this ICR.  The individual burdens are expressed
under standardized headings believed to be consistent with the concept
of burden under the Paperwork Reduction Act.  Wherever appropriate,
specific tasks and major assumptions have been identified.  Responses to
this information collection are mandatory.

The 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.

6(a)  Estimating Respondent Burden

The average annual burden to industry over the next three years from
these recordkeeping and reporting requirements is estimated to be 44,266
(Total Labor Hours from Table 1).  These hours are based on Agency
studies and background documents from the development of the regulation,
Agency knowledge and experience with the NESHAP program, the previously
approved ICR, and any comments received.

6(b)  Estimating Respondent Costs

This ICR uses the following labor rates: 

Managerial	$114.49 ($54.52 + 110%)   

Technical	$98.20 ($46.76 + 110%)

Clerical	$48.53 ($23.11 + 110%)

These rates are from the United States Department of Labor, Bureau of
Labor Statistics, September 2009, ”Table 2. Civilian Workers, by
Occupational and Industry group.”  The rates are from column 1,
”Total compensation.”  The rates have been increased by 110 percent
to account for the benefit packages available to those employed by
private industry.

(ii)  Estimating Capital/Startup and Operation and Maintenance Costs

The type of industry costs associated with the information collection
activities in the subject standard are labor costs which are addressed
elsewhere in this ICR and the costs associated with continuous
monitoring.  The capital/startup costs are one-time costs when a
facility becomes subject to the regulation.  The annual operation and
maintenance costs are the ongoing costs to maintain the monitor and
other costs such as photocopying and postage.

(iii)  Capital/Startup vs. Operation and Maintenance (O&M) Cost

Capital/Startup vs. Operation and Maintenance (O&M) Costs

(A)

Continuous Monitoring Device	(B)

Capital/

Startup Cost for One Respondent	(C)

Number of New Respondents 	(D)

Total 

Capital/

Startup Cost 

(B X C) 	(E)

Annual O&M Costs for One Respondent 	(F)

Number of Respondents with O&M 	(G)

Total O&M,

(E X F)

Data-logger and Thermocouple	$4,400	0	$0	$4,158	27	$112,266

Total

	$0

	$112,266



The total capital/startup costs for this ICR are zero.  This is the
total of column D in the above table.

The total operation and maintenance (O&M) costs for this ICR are
$112,266.  This is the total of column G.

The average annual cost for capital/startup and operation and
maintenance costs to industry over the next three years of the ICR is
estimated to be $112,266.

(iv)  Affirmative Defense, Root Cause Analysis, and Malfunction Costs.  


EPA’s estimate for a affirmative defense and root cause analysis is
based on general experience to calculate the time and effort required of
a source to review relevant data, interview plant employees, and
reconstruct the events prior to a malfunction in order to determine
primary and contributing causes.  The level of effort also includes time
to produce and retain the report in document form so that the source
will have it available should EPA or state enforcement agencies ever
request to review it.  

6(c)  Estimating Agency Burden and Cost

The only costs to the Agency are those costs associated with analysis of
the reported information.  The EPA compliance and enforcement program
includes activities such as: the examination of records maintained by
the respondents; periodic inspection of sources of emissions; and the
publication and distribution of collected information.

The average annual Agency cost during the three years of the ICR is
estimated to be $71,518.

This cost is based on the average hourly labor rate as follows:

		Managerial	$62.27 (GS-13, Step 5, $38.92 + 60%) 

		Technical	$46.21 (GS-12, Step 1, $28.88 + 60%)

		Clerical	$25.01 (GS-6, Step 3, $15.63 + 60%)

These rates are from the Office of Personnel Management (OPM), 2010
General Schedule, which excludes locality rate of pay.  The rates have
been increased by 60 percent to account for the benefit packages
available to government employees.  Details upon which this estimate is
based appear below in Table 2: Average Annual EPA Burden - NESHAP for
Pharmaceuticals Production (40 CFR Part 63, Subpart GGG) (Revision).

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

	Based on our research for this ICR, on average over the next three
years, approximately 27 respondents will be subject to the standard.  It
is estimated that no new respondents per year will become subject.  The
overall average number of respondents, as shown in the table below is 27
per year. 

	

The number of respondents is calculated using the following table which
addresses the three years covered by this ICR.

Number of Respondents

Year	(A)

Number of New Respondents 1	(B)

Number of Existing Respondents	(C)

Number of Existing Respondents That Keep Records But Do Not Submit
Reports	(D)

Number of Existing Respondents That Are Also New Respondents	(E)

Number of Respondents

(E=A+B+C-D)

1	0	27	0	0	27

2	0	27	0	0	27

3	0	27	0	0	27

Average	0	27	0	0	27

1 New respondent include sources with constructed, reconstructed and
modified affected facilities.

To avoid double-counting respondents, column D is subtracted.  As shown
above, the average Number of Respondents over the three-year period of
this ICR is 27.

The total number of annual responses per year is calculated using the
following table:

Total Annual Responses

(A)

Information Collection Activity	(B)

Number of Respondents	(C)

Number of Responses	(D)

Number of Existing Respondents That Keep Records But Do Not Submit
Reports	(E)

Total Annual Responses

E=(BxC)+D

Notification of construction/reconstruction	0	1	0	0

Notification of physical or operational changes	27	3	0	81

Notification of actual startup	0	1	0	0

Notification of initial performance test	0	1	0	0

Notification of applicability	0	1	0	0

Notification of demonstration of CMS	0	1	0	0

Notification of compliance status	0	1	0	0

Pre-compliance report (emission averaging)	0	1	0	0

Malfunction	27	2	               0	54

No deviations	24	2	0	48

Deviations	3	2	0	6

LDAR report	27	2	0	54

Emissions averaging report	3	2	0	6

Reports of malfunctions that result in an exceedances of the standard
for the purpose of affirmative defense	27	0.025	0	0.7

Total Number of Annual Responses

	Total	250



The number of Total Annual Responses is 250.

The total annual labor costs are $4,187,309.  Details regarding these
estimates may be found below in Table 1: Annual Respondent Burden and
Cost - NESHAP for Pharmaceuticals Production (40 CFR Part 63, Subpart
GGG) (Revision).

6(e)  Bottom Line Burden Hours Burden Hours and Cost Tables

The detailed bottom line burden hours and cost calculations for the
respondents and the Agency are shown in Tables 1 and 2, respectively,
and summarized below. 

(i)  Respondent Tally

The total annual labor hours are 44,266.  Details regarding these
estimates may be found below in Table 1: Annual Respondent Burden and
Cost - NESHAP for Pharmaceuticals Production (40 CFR Part 63, Subpart
GGG) (Revision).

Furthermore, the annual public reporting and recordkeeping burden for
this collection of information is estimated to average 177 hours per
response.

The total annual capital/startup and Operation and Maintenance (O&M)
costs to the regulated entity are $112,266.

(ii)  The Agency Tally

The average annual Agency burden and cost over next three years is
estimated to be 1,587 labor hours at a cost of $71,518.  See below Table
2: Average Annual EPA Burden and Cost – NESHAP for Pharmaceuticals
Production (40 CFR Part 63, Subpart GGG) (Revision).

6(f)  Reasons for Change in Burden

There is an increase in the labor hour burden in this ICR compared to
the previous ICR due to the inclusion of the new requirements of the
amendments to the NESHAP.  EPA provides an adjustment to this ICR that
estimates the costs of the notification, recordkeeping, and reporting
requirements associated with the assertion of the affirmative defense. 
EPA’s estimate for the required notification, reports and records,
including the root cause analysis, associated with a single incident
totals approximately $3,141 and is based on the time and effort required
of a source to review relevant data, interview plant employees, and
document the events surrounding a malfunction that has caused an
exceedance of an emission limit.  The estimate also includes time to
produce and retain the records and reports for submission to EPA.  For
the purpose of estimating the annual burden, EPA is attributing a total
of 2 instances of affirmative defense over a three year period across
all sources in the category.  EPA is using this frequency of 2 events in
three years because, of the number of excess emission events reported by
source operators, only a small number would be expected to result from a
malfunction, and only a subset of excess emissions caused by
malfunctions would result in the source choosing to assert the
affirmative defense.  Thus we believe the number of instances in which
source operators might be expected to avail themselves of the
affirmative defense will be extremely small.   

	

6(g)  Burden Statement

The annual public reporting and recordkeeping burden for this collection
of information is estimated to average 177 hours per response.  Burden
means the total time, effort, or financial resources expended by persons
to generate, maintain, retain, disclose or provide information to or for
a Federal agency.  This includes the time needed to review instructions;
to 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; to adjust the existing ways to comply with any previously
applicable instructions and requirements; to train personnel to be able
to respond to a collection of information; to search data sources; to
complete and review the collection of information; and to 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 valid OMB
Control Number.  The OMB Control Numbers for EPA’s regulations are
listed at 40 CFR part 9 and 48 CFR chapter 15.

To comment on the Agency's need for this information, the accuracy of
the provided burden estimates, and any suggested methods for minimizing
respondent burden, including the use of automated collection techniques,
EPA has established a public docket for this ICR under Docket ID Number
EPA-HQ-OECA-2009-0381.  An electronic version of the public docket is
available at   HYPERLINK "http://www.regulations.gov/" 
http://www.regulations.gov/  which may be used to obtain a copy of the
draft collection of information, submit or view public comments, access
the index listing of the content of the docket, and to access those
documents in the public docket that are available electronically.  When
in the system, select “search” than key in the docket ID number
identified in this document.  The documents are also available for
public viewing at the Enforcement and Compliance Docket and Information
Center in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301
Constitution Avenue, N.W., Washington, DC.  The EPA Docket Center Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays.  The telephone number for the Reading Room is
(202) 566-1744, and the telephone number for the Enforcement and
Compliance Docket and Information Center Docket is (202) 566-1752. 
Also, you can send comments to the Office of Information and Regulatory
Affairs, Office of Management and Budget, 725 17th Street, N.W.,
Washington, DC 20503, Attention: Desk Officer for EPA.  Please include
the EPA Docket ID Number EPA-HQ-OECA-2009-0381 and OMB Control Number
2060-0358 in any correspondence.

Part B of the Supporting Statement

This part is not applicable because no statistical methods were used in
collecting this information.

Table 1:  Annual Respondent Burden and Cost - NESHAP for
Pharmaceuticals Production (40 CFR Part 63, Subpart GGG) (Revision)

Assumptions:

a  We have assumed that the average number of respondents that will be
subject to this rule will be 27.  There will be no new additional
sources during the next three years of this ICR.

b  This ICR uses the following labor rates:  $114.49 per hour for
Executive, Administrative, and Managerial labor; $98.20 per hour for
Technical labor, and $48.53 per hour for Clerical labor.  These rates
are from the United States Department of Labor, Bureau of Labor
Statistics, September, 2009, Table 2. Civilian Workers, by Occupational
and Industry group.  The rates are from column 1, Total Compensation. 
The rates have been increased by 110 percent to account for the benefit
packages available to those employed by private industry.

c  We have assumed that there will be no new or reconstructed facilities
during the next three years of this ICR.

d  We have assumed that 20 percent of respondents would have to repeat
performance tests due to failure.

e  We have assumed that each source will require an average of three
processing changes each year to complete this task over the next three
years of this ICR.

f  We have assumed that each respondent will take 40 hours two times per
year to complete the startup, shutdown, malfunction reports.

g  We have assumed that 90 percent of respondents will each take eight
hour two times per year to complete the no deviation report.

h  We have assumed that 10 percent of respondents will each take 24
hours two times per year to complete the deviation report.

i  We have assumed that it will take each respondent 432 hour two times
per year to complete the LDAR report.

j  We have assumed that ten percent of respondents will each take 20
hours two times per year to complete the emissions averaging report.

k  We have assumed that it will take each respondent 1 hour 365 times
per year to record the operating parameters for control devices.

l  We have assumed that it will take each respondent 2 hours 26 times
per year to record the SSM plans.

m  We have assumed that it will take each respondent 16 hours one time
per year to record the calibration of CMS. n  Assumes 2 affirmative
defense reports for entire industry during the 3-yr ICR period. 
Formulas are not followed for person-hours per year.  For affirmative
defense hours required assumes 18 hours technical, 12 hours management,
0 clerical for each instance of affirmative defense.

Table 2:  Average Annual EPA Burden - NESHAP for Pharmaceuticals
Production (40 CFR Part 63, Subpart GGG) (Revision)

Activity	(A)

EPA person- hours per occurrence	(B)

No. of occurrences per plant per year	(C)

EPA person- hours per plant per year

(C=AxB)	(D)

Plants per year  a	(E)

Technical person- hours per year

(E=CxD)	(F)

Management person-hours per year

(Ex0.05)

	(G)

Clerical person-

hours per year

(Ex0.1)	(H)

Cost, $ b

1.  Required activities









         i.   Initial performance test c	2	1	2	0	0	0	0	$0

         ii.  Repeat performance test d	24	1	24	0	0	0	0	$0

2.  Report review – one time









         i.  Notification of construction/reconstruction	2	1	2	0	0	0	0
$0

         ii.  Notification of actual startup	2	1	2	0	0	0	0	$0

         iii. Notification of initial CMS demonstration	2	1	2	0	0	0	0	$0

         iv. Initial notification	2	1	2	0	0	0	0	$0

         v.  Notification of compliance status report	40	1	40	0	0	0	0	$0

         vi. Pre-compliance report e









              a.  With emissions averaging f	20	1	20	0	0	0	0	$0

              b.  Without emissions averaging 	4	1	4	0	0	0	0	$0

3.  Report review – on-going









         i.  Semiannual summary report 









              a.   No deviations g	2	2	4	24	96	4.8	9.6	$4,975.16

              b.  Deviations h	8	2	16	3	48	2.4	4.8	$2,487.58

         ii. Notification of physical/operational change i	8	3	24	27	648
32.4	64.8	$33,582.28

         iii. SSM report j	2	2	4	27	108	5.4	10.8	$5,597.05

         iv. LDAR report k	8	2	16	27	432	21.6	43.2	$22,388.18

         v.  Emission averaging report l	8	2	16	3	48	2.4	4.8	$2,487.58

Subtotals Labor Burden and cost



	1,380	69	138	$71,517.83

TOTAL ANNUAL BURDEN AND COST (rounded)



	1,587	$71,518



Assumptions:

a  We have assumed that the average number of respondents that will be
subject to this rule will be 27.  There will be no new additional
sources during the next three years of this ICR.

b  This cost is based on the following labor rates which incorporates a
1.6 benefits multiplication factor to account for government overhead
expenses: $62.27 Managerial rate (GS-13, Step 5, $38.92 x 1.6), $46.21
Technical rate (GS-12, Step 1, $28.88 x 1.6), and $25.01 Clerical rate
(GS-6, Step 3, $15.63 x 1.6).  These rates are from the Office of
Personnel Management (OPM) 2010 General Schedule which excludes locality
rates of pay.

c  We have assumed that there will be no new or reconstructed facilities
during the next three years of this ICR.

d  We have assumed that 20 percent of respondents would have to repeat
performance tests due to failure. 

e  We have assumed that 50 percent of new facilities will submit a
pre-compliance report.

f  We have assumed that 10 percent of existing facilities will have to
comply with emission averaging requirements; new facilities are not
allowed to use emissions averaging.

g  We have assumed that 90 percent of respondents will each take two
hours two times per year to complete this report.

h  We have assumed that 10 percent of respondents will have to report
deviation.

i  We have assumed that each respondent will be required to review the
physical/operational changes for each facility three times per year over
the next three-year period of this ICR.

j  We have assumed that each respondent will report actions taken during
startup, shutdown, or malfunction that are consistent.

k  We have assumed that each respondent will have to comply with the
LDAR report two times per year.

l  We have assumed that 10 percent of respondents will have to review
the emission averaging report.

Table 3:  Single Affirmative Defense Burden Estimate

Personnel 	Number of Personnel 	Time Requirement (hours)	Total Hours
Hourly Rate ($/hr)	Total

Technical Personnel	3	6	18	98.20	$ 1,768

Managerial Personnel	2	6	12	114.49	$ 1,374

Total	5

30

$3,141



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