  SEQ CHAPTER \h \r 1 SUPPORTING STATEMENT

NATIONAL EMISSION STANDARDS FOR MINERAL WOOL PRODUCTION 

 

PART A

1.0  	Identification of the Information Collection

(a) 	Title and Number of the Information Collection.

	“National Emission Standards Mineral Wool Production.”  This is a
new information collection request (ICR), and the EPA tracking number is
1799.06.  

 (b) 	Short Characterization.

	This ICR covers information collection requirements in the proposed
amendments to the Mineral Wool Production NESHAP (40 CFR part 63,
subpart DDD).  

	The potential respondents are owners or operators of any existing, new,
or reconstructed mineral wool production facilities. There are an
estimated 7 facilities subject to the Mineral Wool Production NESHAP. 
The affected source is any mineral wool production facility that is
engaged, either in part or in whole, in the production of mineral wool
and that is located at a plant site that is a major source as defined in
40 CFR part 63.2.

The proposed amendments would require HAP-specific emission limits for
COS, HF, and HCl from cupolas; revised emission limits for formaldehyde
and new emission limits for phenol, and methanol from 3 new
subcategories of combined collection/curing operations; and new
requirements for periods of startup and shutdown. The proposed emission
limits for COS can be met by cost effective measures such as changes in
raw materials and the other proposed emission limits are currently being
met by all facilities. These amendments are explained further in the
following paragraphs.

The information collection requirements associated with the proposed
amendments to the NESHAP 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).  A major source is a stationary source that
emits or has the potential to emit more than 10 tons per year (tpy) of
any single HAP or more than 25 tpy of any combination of HAP.  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 tpy of any single HAP and more than 25 tpy of any combination of
HAP).  For major sources, these technology-based standards must reflect
the maximum degree of emission reductions of HAP achievable (after
considering cost, energy requirements, and non-air quality health and
environmental impacts) and are commonly referred to as maximum
achievable control technology (MACT) standards.  Section 112(d)(6)
requires EPA to review these technology-based standards and to revise
them “as necessary (taking into account developments in practices,
processes, and control technologies)” no less frequently than every 8
years.  In addition, section 112(f) of the CAA requires EPA to determine
for source categories subject to certain CAA section 112(d) standards
whether the emissions limitations provide an ample margin of safety to
protect public health.  For MACT standards for HAP “classified as a
known, probable, or possible human carcinogen" that "do not reduce
lifetime excess cancer risks to the individual most exposed to emissions
from a source in the category or subcategory to less than 1-in-1
million,” EPA must promulgate residual risk standards for the source
category (or subcategory) as necessary to provide an ample margin of
safety to protect public health.  In doing so, EPA may adopt standards
equal to existing MACT standards, if EPA determines that the existing
standards are sufficiently protective.  EPA must also adopt more
stringent standards, if necessary, to prevent an adverse environmental
effect, but must consider cost, energy, safety, and other relevant
factors in doing so.  

	Certain records and reports are necessary for the Administrator to
confirm the compliance status of sources subject to NESHAP, 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 amendments were 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.

TABLE 1.  PERSONS CONSULTED ON THE INFORMATION COLLECTION ACTIVITIES

Contact	Organization	Telephone No.

Angus Crane	North American Insulation Manufacturers Association
703-684-0084

Lee Houlditch	Amerrock Products LP	205-516-9164

John Dolin	Industrial Insulation Group LLC	281-605-4630

Tom Lund

	Isolatek International	260-356-2040 ext. 328

Christopher Bullock	Rock Wool Mfg Co.	205-699-6121

Steve Edris

	Thermafiber, Inc.	260-563-2111  ext. 224

John Bolden	USG Interiors	312-436-5587



(d)	Effects of Less Frequent Collection.

	If the relevant information was 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.

4.	The Respondents and the Information Requested

(a)	Respondents/NAICS Codes.

Potential respondents under subpart DDD are owners or operators of any
existing or new facility engaged in mineral wool production operations. 
Mineral wool production facilities are primarily classified under NAICS
code 327993, Mineral Wool Manufacturing.

There are an estimated 7 facilities that would be subject to the
proposed amendments to the NESHAP.  No new mineral wool production
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 Mineral Wool
Production source category.

	(ii)  Respondent Activities.  The respondent activities that will be
required by the proposed amendments to the Mineral Wool Production
NESHAP are identified in Table 3 and are introduced in section 6(a).

(iii) Summary of Requirements. EPA is including in Table 2 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.  

 In this source category, it is unlikely that a control device
malfunction would cause an exceedence of any emission limit.  For
reasons explained in the FRN, we have asserted that although a cost for
affirmative defense is possible, we believe that malfunctions are
unlikely. Thus for these source categories, EPA is not assigning any
burden associated with affirmative defense.

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

(a)	Agency Activities.

	The Agency activities associated with the proposed amendments to the
Mineral Wool Production NESHAP are provided in Table 4 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.  EPA is the permitting authority until
the State agency is delegated authority to implement the final
amendments to the rule.  Therefore, information contained in any report
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 engaging in
mineral wool production operations as a firm having no more than 500
employees.  There are six companies operating the 7 mineral wool
production facilities and five of the six companies are small
businesses.  The proposed amendments would result in significant adverse
impacts on one of the small entities; EPA estimates that one producer
will experience an annualized cost of greater than six percent of their
revenue in the Mineral Wool Production source category.  The impacts to
most producers affected by this proposed rule are annualized costs of
less than one percent of their revenues using the most current year
available for revenue data.  The proposed amendments would and create
new requirements for compliance testing for existing sources and
associated notification requirements, recordkeeping, and reporting
requirements. 

(d)  	Collection Schedule.

	The specific frequency for each information collection activity within
this request is shown in Table 3 for the Mineral Wool Production Source
Category.

6.   	Estimating the Burden and Cost of the Collection

(a)  	Estimating Respondent Burden.

	The annual burden estimates for the proposed amendments to the Mineral
Wool Production NESHAP are shown in Table 3.  These numbers were derived
from estimates based on EPA’s experience with other standards.  No
burden estimates are provided for new 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 proposed amendments to
the Mineral Wool Production NESHAP are presented in Table 3.  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,
Occupational Employment and Wages, May 2010 available at   HYPERLINK
"http://www.bls.gov/oes/current/naics4_327200.htm" 
http://www.bls.gov/oes/current/naics4_327200.htm .   Wages for technical
labor are based on "Glass and Glass Product Manufacturing –
architectural and engineering," with a total compensation of
$36.97/hour.  Wages for management labor are taken from "Glass and Glass
Product Manufacturing – management, business, and financial," with a
total compensation of $47.38/hour.   Wages for clerical labor are based
on "Glass and Glass Product Manufacturing – production, planning, and
expediting clerks," with a total compensation of $20.36/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 $77.64 /hour, management at
$99.50 /hour, and clerical at $42.76 /hour.

	(ii)  Estimating Capital and Operations and Maintenance (O&M) Costs. 
No capital costs or O & M costs are associated with the information
collection requirements of the proposed amendments to the Mineral Wool
Production NESHAP.  The proposed amendments would require affected
facilities to purchase new monitoring systems and conduct new
performance testing.  

	(iii)  Annualizing Capital Costs.  No capital costs associated with the
information collection requirements of the proposed amendments to the
Mineral Wool Production NESHAP.

(iv) Affirmative Defense/Root Cause Analysis/Malfunction Costs. EPA’s
estimate for a 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.

TABLE 2.  COST ESTIMATE FOR ROOT CAUSE ANALYSIS

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



  (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 4.

	The Agency labor rates are from the Office of Personnel Management
(OPM) 2010 General Schedule, which excludes locality rates of pay. 
These rates can be obtained from Salary Table 2010-GS available on the
OPM website,   HYPERLINK "http://www.opm.gov/oca/10tables/pdf/gs_h.pdf" 
http://www.opm.gov/oca/10tables/pdf/gs_h.pdf . The government employee
labor rates are $15.63/hour for clerical (GS-6, Step 3), $28.88 for
technical (GS-12, Step 1), and $38.92/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 $25.01/hour; technical at $46.21/hour, and
management at $62.27/hour. 

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

There are an estimated 7 existing facilities that are subject to the
Mineral Wool Production NESHAP.  No new sources are expected during the
next 3 years.  Consequently, the average number of mineral wool
respondents during the 3-year period of this ICR is 2.33. 

For the proposed amendments to the Mineral Wool Production NESHAP, the
components of the total annual burden attributable to this ICR include
reading the amendments to the NESHAP; conducting the performance testing
to demonstrate compliance with the proposed emission limits; and
reporting the results of those emissions tests; all other recordkeeping
and reporting activities are already accounted for in the ICR for the
NESHAP.

(e)	Bottom Line Burden Hours and Cost Tables.

(i)  Respondent tally.  The bottom line respondent 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.  The average annual burden for the
recordkeeping and reporting requirements in the proposed amendments to
subpart DDD for the 7 existing facilities that are subject to the
Mineral Wool Production NESHAP is 106.5 person-hours, with an annual
average cost of $85,348.  No capital costs would be expected for the
proposed amendments.

	(ii)  The Agency tally.  The average annual Federal Government cost is
$970 for 21.5 hours for the proposed amendments to subpart DDD.  The
bottom line Agency burden hours and costs presented in Table 4 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.

	

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 in this category, EPA is
attributing no instances of affirmative defense.  The costs below are
illustrative of affirmative defense, which we see sources having no need
for, given the technical reasons explained in the FRN.

(g)  	Burden Statement

	The average annual respondent burden for the proposed amendments to the
Mineral Wool Production NESHAP is estimated at 46 hours per facility.

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.

	To comment on the Agency’s need for this information the accuracy of
the provided burden estimates, and any suggestions for minimizing
respondent burden, including through the use of automated collection
techniques, EPA has established a public docket for this ICR under
Docket ID No. EPA-HQ-OAR-2010-1041, which is available for online
viewing at   HYPERLINK "http://www.regulations.gov" 
http://www.regulations.gov , or in person viewing at the Air and
Radiation Docket and Information Center in the EPA Docket Center
(EPA/DC), EPA West, Room B-102, 1301 Constitution Ave., NW, 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 Air Docket is (202) 566-1927.  An electronic
version of the public docket is available at   HYPERLINK
"http://www.regulations.gov."  http://www.regulations.gov.   This site
can be used to submit or view public comments, access the index listing
of the contents of the public docket, and to access those documents in
the public docket that are available electronically.  When in the
system, select “search,” then key in the Docket ID Number identified
above.  Also, you can send comments to the Office of Information and
Regulatory Affairs, Office of Management and Budget, 725 17th Street,
NW, Washington, DC 20503, Attention Desk Officer for EPA.  Please
include the relevant Docket ID Number (EPA-HQ-OAR-2010-1041) in any
correspondence.

PART B

	This section is not applicable because statistical methods are not used
in data collection associated with the proposed rule.TABLE 3.  ANNUAL
RESPONDENT BURDEN AND COST -- AMENDMENTS TO MINERAL WOOL PRODUCTION
NESHAP

Burden item	(A) 

Person-hours per occurrence	(B)  

No. of occurrences per respondent	(C) 

Person-hours per respondent (C=A*B)	(D) Respondents per year	(E) 

Technical person-hours per year (E=C*D)	(F) 

Management person-hours per year

 (E*0.05)	(G) 

Clerical person-hours per year (E*0.1)	(H) 

Costa, $ 

1.  Applications	N/A







	2.  Surveys and Studies	N/A







	3.  Acquisition, Installation, and Utilization of Technology and
Systems	N/A







	4.  Reporting Requirements









A.  Read instructionsb	4	1	8	2.33	18.6	1	1.9	$1,625

B.  Required activitiesc  (compliance testing)	$33,143	1

2.33



$77,223

C.  Create informationc	8	2	16	2.33	37.2	2	3.8	$3,250

D.  Gather existing information	N/A







	E.  Write report	8	1	8	2.33	18.6	1	1.9	$1,625

5.  Recordkeeping Requirements 









A.  Read instructions	See 4A







	B.  Plan activities	N/A







	C.  Implement activities	N/A







	D.  Develop record system	N/A







	E.  Time to enter information	See 4C







	F.  Time to train personnel	N/A







	G.  Time to adjust existing ways to comply with previously applicable
requirements	N/A







	H.  Time to transmit or disclose information	8	1	8	2.33	18.6	1	1.9
$1,625

I.  Time for audits	N/A







	TOTAL LABOR BURDEN AND COST (SALARY)



	93	4	9.5	$85,348

TOTAL NUMBER OF ANNUAL RESPONSES	7

ANNUAL CAPITAL COSTSd

	TOTAL ANNUALIZED COSTS

$85,348

N/A = not applicable.

a  This ICR uses the following labor rates: $99.50 for managerial labor,
$77.64 for technical labor, and $42.76 for clerical labor.  These rates
are based on the U.S. Department of Labor, Bureau of Labor Statistics,
Occupational Employment and Wages, May 2010.

b  There are an estimated 7 existing facilities; no new facilities are
expected; the average number expected to read the rule during the 3-yr
compliance period is 7 / 3 = 2.33.

cThe average facility cost for COS, HF, HCl, formaldehyde, phenol, and
methanol testing was calculated to be $232,000 / 7 facilities = $33,143.
 

d  There would be no capital costs associated with the reporting and
recordkeeping requirements of the proposed amendments.

 TABLE 4.  ANNUAL BURDEN AND COST TO THE AGENCY ---- AMENDMENTS TO
MINERAL WOOL PRODUCTION NESHAP 

Burden item	(A) 

Person-hours per occurrence	(B) Occurrences per respondent	(C) 

EPA person-hours/year (C=A*B)	(D) 

Facilities per year	(E) 

Technical person-hours/year (E=C*D)	(F) 

Management   person-hours/year (F=0.05*E)	(G) 

Clerical person-hours/year (G=0.1*E)	(H)

Costa, $

Report Review:









   Review compliance test reports for COS, HF, and HCl for cupolas and
formaldehyde, phenol, and methanol for collection/curing operationsb	8	1
8	2.33	18.6	1	1.9	$970

TOTAL BURDEN AND COST





$970

a   This ICR uses the following average hourly labor rates: $62.27 for
managerial (GS-13, Step 5), $46.21 (GS-12, Step 1) for technical, and
$25.01 (GS-6, Step 3) for clerical.  These rates are from the Office of
Personnel Management (OPM) 2010 General Schedule, which excludes
locality rates of pay.

b Assumes Agency will review all of the annual reports  - including the
COS, HF, HCl, formaldehyde, phenol, and methanol emissions
testing.ATTACHMENT 1.  INFORMATION REQUIREMENTS ---- AMENDMENTS TO
MINERAL WOOL PRODUCTION NESHAP

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

COS, HF, and HCl limit for cupolas	§ 63.1178(a)(2)(i)
§ 63.1178(a)(2)(ii)

	HF limit for cupolas	§ 63.1178(a)(3)	§ 63.1178(a)(3)



§ 63.1178(a)(4)	§ 63.1178(a)(4)

	Formaldehyde  limit for combined collection/curing operations 
§ 63.1179	§ 63.1179

	Phenol  limit for combined collection/curing operations 	§ 63.1179
§ 63.1179

	Methanol limit for combined collection/curing operations 	§ 63.1179
§ 63.1179

	Notifications	§ 63.1191	§ 63.1191	N/A

Plans



	    Operation and Maintenance Plan	N/A	N/A	N/A

Records



	    Monitoring/inspection information	§ 63.1192	§ 63.1192	N/A

Reports	§ 63.1193	§ 63.1193	40 CFR 63.10(e)

 

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