SF tc \l2 "SF -83 SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

NESHAP for Pesticide Active Ingredient Production (40 CFR part 63,
subpart MMM) (Renewal)

1.  Identification of the Information Collection

1(a)  Title of the Information Collection

NESHAP for Pesticide Active Ingredient Production (40 CFR part 63,
subpart MMM) (Renewal)

1(b)  Short Characterization/Abstract

The National Emission Standards for Hazardous Air Pollutants (NESHAP)
Pesticide Active Ingredient Production were promulgated on June 23, 1999
(64 FR 33550).  This standard applies to all owners and operators of new
and existing facilities engaged in the production of pesticide active
ingredients that emit hazardous air pollutants (HAPs).

Owners or operators of a pesticide active ingredient (PAI) production
facility to which this regulation applies, must choose one of the
compliance options described in the rule or install and monitor a
specific control system that reduces HAP emissions to the compliance
level.  The respondents are subject to sections of subpart A of 40 CFR
part 63 relating to NESHAP.  These requirements include: those
associated with the applicability determination; the notification that
the facility is subject to the rule; the notification of testing
(control device performance test and continuous monitoring system (CMS)
performance evaluation); the results of performance testing and CMS
performance evaluations; startup, shutdown, and malfunction report;
semiannual or quarterly summary reports and/or excess emissions and CMS
performance reports.  In addition to the requirements of subpart A, many
respondents are required to submit  precompliance plan and leak
detention and repair (LDAR) reports; and plants that wish to implement
emissions averaging provisions must submit an emission averaging plan.

Respondents electing to comply with the emission limit or emission
reduction requirements for process vents, storage tanks, or wastewater
must record the values of equipment operating parameters as specified in
section 63.1367 of the rule.  Owners or operators are required to
install, operate, and maintain a continuous monitoring system.

If the owner or operator identifies any deviation resulting from a
known cause for which no federally approved or promulgated exemption
from an emission limitation or standard applies, the compliance report
will also include all records that the source is required to maintain
that pertain to the periods during which such deviation occurred, as
well as the following: the magnitude of each deviation; the reason for
each deviation; a description of the corrective action taken for each
deviation, including action taken to minimize each deviation and action
taken to prevent recurrence; and a copy of all quality assurance
activities performed on any element of the monitoring protocol.

Owners or operators of PAI production facilities subject to the rule
must maintain a copy of all monitored equipment operating parameter
values that demonstrate compliance with the standards.  Those records
must be maintained for a minimum of five years.  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.  The
information is used to determine whether or not all sources subject to
the NESHAP are achieving the standards.

Approximately 88 sources are currently subject to the regulation, and it
is estimated that an additional two sources per year will become subject
to the regulation in the next three years and that one existing source
will be reconstructed.  The cost of this Information Collection Request
(ICR) will be $1,542,049.

In the development of this ICR, we addressed the Office of Management
and Budget (OMB) (Terms of Clearance( (TOC) on the active ICR which
states:

This collection is approved for three years.  Prior to next submitting
the collection to OMB for revision of extension, EPA should review the
burden estimates to ensure that they are accurate.

EPA has addressed the item of concern in the TOC as instructed by OMB in
the previous ICR, and has reviewed the burden estimates for accuracy.

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 hazardous air pollutants.  These
standards are applicable to new or existing sources of hazardous air
pollutants and shall require the maximum degree of emission.  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 emissions from PAI cause or
contribute to air pollution that may reasonably be anticipated to
endanger public health or welfare.  Therefore, the NESHAP was
promulgated for this source category at 40 CFR part 63, subpart MMM.

2(b)  Practical Utility/Users of the Data

The control of emissions of HAPs from pesticide active ingredient
production facilities requires not only the installation of properly
designed equipment, but also the operation and maintenance of that
equipment.  Emissions of HAPs from pesticide active ingredient
production facilities are the result of operation of the affected
facilities.  The subject standards are achieved by the reduction of HAP
emissions using control technology and leak detection and repair
procedures.  The notifications required in the applicable regulations
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 regulations are being met. 
Performance test reports are needed as these are the Agency's records of
a source's initial capability to comply with the emission standards, and
serve as a record of the operating conditions under which compliance was
achieved.  The semiannual reports are used for problem identification,
as a check on source operation and maintenance, 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 continue to operate the control
equipment in compliance with the regulation.  Adequate monitoring,
recordkeeping, and reporting are necessary to ensure compliance with the
applicable regulations as required by the Clean Air Act.  The
information collected from recordkeeping and reporting requirements is
also used for targeting inspections, and is of sufficient quality to be
used as evidence in court.

3.  Nonduplication, Consultations, and Other Collection Criteria

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

subpart MMM.

3(a)  Nonduplication

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 its own similar standards to
implement the Federal standards, a copy of the report submitted to the
state or a 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

An announcement of a public comment period for the renewal of this ICR
was published in the Federal Register (69 FR 29718) on May 25, 2004.  No
comments were received on the burden published in the Federal Register

3(c)  Consultations

For this information collection, we referenced the most recent ICR, and
accessed the most recent data available on the Air Facility System (AFS)
database as maintained by the Office of Compliance.  We reviewed
information available from the Office of Compliance Sector Notebook
(Profile of the Agricultural Chemical, Pesticide, and Fertilizer
Industry,( the United States Census Bureau, and other websites covering
pesticide active ingredient production.  We consulted with the EPA(s
Office of Air Quality Planning and Standards, Information Transfer, the
Program Integration Division, and Mr. John Habazin, Neville Chemical
Company, 

(412) 331-4200.

 

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 likelihood of
detecting poor operation and maintenance of control equipment and
noncompliance would decrease.

3(e)  General Guidelines

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

These standards require affected facilities 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 record(s retention requirement is consistent
with Part 70 permit programs and the five-year statute of limitations on
which the permit program is based.  Also, the retention of records for
five years would allow EPA to establish the compliance history of a
source and any pattern of compliance for purposes of determining the
appropriate level of enforcement action.  Historically, EPA has found
that the most flagrant violators frequently have violations extending
beyond the five years.  EPA would be prevented from pursuing the worst
violators due to the destruction or nonexistence of records if records
were retained for less than five years.

3(f)  Confidentiality

Any information submitted to the Agency for which 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 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
pesticide active ingredient production facilities.  The United States
Standard Industrial Classification (SIC) codes for the respondents
affected by the standards, which corresponds to The North American
Industry Classification System (NAICS) codes, are listed below for
source category description.

Standard (40 CFR Part 63, Subpart MMM)	

SIC Codes	

NAICS Codes



Petrochemical Manufacturing	

2869	

325110



All Other Basic Inorganic Chemical Manufacturing	

2869	

325188



Cyclic Crude and Intermediate Manufacturing	

2869	

325192



Ethyl Alcohol Manufacturing	

2869	

325193



All Other Basic Organic Chemical Manufacturing	

2869	

325199



Industrial Gas Manufacturing	

2869	

325120



All Other Miscellaneous Chemical Production and Preparation
Manufacturing	

2869	

325998



Pesticide and Other Agricultural Chemical Manufacturing	

2879	

325320



4(b)  Information Requested

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

(i)  Data Items

All data in this ICR that are recorded and/or reported are required by
National Emission Standards for Hazardous Air Pollutants - Pesticide
Active Ingredient Production (40 CFR 

part 63, subpart MMM).

A source must make the following reports:

Notification Reports	

Standard Citation by Section



Notification and application of construction and reconstruction	

63.5(d) and 63.1368(c)



Initial notification	

63.9 and 63.1368(b)



Notification of CMS performance evaluation	

63.8(e)(2) and 63.1368(d)



Notification of performance test and test plan	

63.7(c) and 63.1368(m)



Request for extension of compliance	

63.1364(a)(2) and 63.1368(n)



Precompliance report	

63.1368(e)



Request for approval to use alternative monitoring parameters	

63.8(f), 63.1366(b)(4), and 63.1368(e)(1)



Notification of compliance status report	

63.9(h) and 63.1368(f)



Periodic reports of excess emissions and noncompliance	

63.10(e)(3) and 63.1368(g)



Notification of process change	

63.1368(h)



Reports



Startup, shutdown, and malfunction reports	

63.10(d)(5) and 63.1368(i)



Equipment leaks reports	

63.1363(h) and 63.1368(j)



Emissions averaging reports	

63.1368(k)



Heat exchange system reports	

63.1368(l)



A source must keep the following records:



Recordkeeping



Control device operating parameters to monitor and record	

63.1366(b)(1), 63.1367(b)(1), and 63.1367(b)(5)



Monitoring and records for process vent annual emission 

limits standard	

63.10(c), 63.1366(b)(5), 63.1367(a)(4), and 63.1367(b)(3)



Monitoring and records for process vent annual emission 

limits standard	

63.1366(c) and 63.1367(b)(4)



Monitor and record for equipment leaks	

63.1366(d) and 63.1367(c)



Monitoring and records for heat exchanger systems	

63.1362(f), 63.1366(e), and 63.1367(e)



Monitoring and records for pollution prevention	

63.1366(f) and 63.1367(b)(2)



Monitoring and records for emissions averaging	

63.1366(g) and 63.1367(d)



Records of process operating parameters	

63.1367(b)(6) and 63.1367(b)(7)



Applicability determinations	

63.10(b)(3) and 63.1367(a)(2)



Startup, shutdown, and malfunction plan	

63.6(e)(3) and 63.1367(a)(3)



Application for approval of construction or reconstruction	

63.5(d) and 63.1367(a)(5)



Records for vapor collection systems and closed-vent systems	

63.1367(f)



Electronic Reporting

Currently, sources are using monitoring equipment that provides
automated parameter data, e.g., reduction requirements for process
vents, storage tanks or wastewater.  Although personnel at the affected
facility must evaluate the data, this type of monitoring equipment has
significantly reduced the burden associated with monitoring and
recordkeeping.  In addition, some regulatory agencies are setting up
electronic reporting systems to allow sources to report electronically
which is reducing the reporting burden.  However, electronic reporting
systems are still not widely used by the regulatory agencies.  It is
estimated that approximately 20 percent of the respondents use
electronic reporting.

(ii)  Respondent Activities	

Respondent Activities



Read instructions.



Install, calibrate, maintain, and operate CMS.



Perform initial performance test, Reference Methods 18, 25A, 301 and
1818 test, and repeat performance tests 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 automated monitoring equipment that
provides parameter data.  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.

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,
and excess emissions reports, required to be submitted by industry.



Audit facility records.



Input, analyze, and maintain data in the Air Facility System (AFS).



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 operated.  Performance test reports are used by
the Agency to discern a source(s initial capability to comply with the
emission standard, and 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. 
The semiannual reports are used for problem identification, as a check
on source operation and maintenance, and for compliance determinations.

Information contained in the reports is entered into the 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.

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

five years.

5(c)  Small Entity Flexibility

A majority of the affected facilities are large entities (e.g., 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 requirements the minimum
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 in Table 1: Annual Industry Burden for NESHAP -
Pesticide Active Ingredient Production (40 CFR part 63, subpart MMM).

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 burdens under the Paperwork Reduction Act.  Where 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 24,164
(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

(i)  Estimating Labor Costs

 

This ICR uses the following labor rates:

Managerial	$95.32   ($45.39 + 110%)

Technical	$64.60   ($30.76 + 110%)

Clerical	$40.09   ($19.09 + 110%)

These rates are from the United States Department of Labor, Bureau of
Labor Statistics, December, 2003, (Table 10. Private industry, 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 types of industry cost associated with the information collection
activities in the subject standards are both labor costs which are
addressed elsewhere in this ICR and the costs associated with continuous
monitoring.  The capital/startup costs are one-time cost when a facility
becomes subject to the regulation.  The annual operation and maintenance
costs are the ongoing costs to maintain the monitors and other costs
such as photocopying and postage.

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

All existing sources are in compliance and, therefore, no capital cost
has been attributed to them.  However, there will still be O&M costs
associated with CMS.

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)



Performance tests	

$52,2001	

3	

$156,600	

$1,325	

88	

$116,600



Wastewater CMS	

$10,690	

3	

$32,070	

	

	





CMS cost for process vents	

$15,920	

3	

$47,760	

	

	





Total	

	

	

$236,430	

	

	

$116,600

 	1 Owners and operators are required to run two tests to complete the
process vent performance test for each facility.  Each run will cost
$26,100 for a total of $52,200 per test.

The total capital/startup costs for this ICR are $236,000 (rounded). 
This is the total of column D in the above table.  These costs are shown
on the OMB 83-I form in block 14(a), Total annualized capital/startup
costs.

The total operation and maintenance costs for this ICR are $117,000
(rounded).  This is the total of column G.  These costs are shown on the
OMB 83-I form in block 14(b), Total annual costs (O&M).

The total respondent costs in block 14 have been calculated as the
addition of the capital/startup costs, and the annual operation and
maintenance costs.  The average annual cost for capital/startup and
operation and maintenance cost to industry over the next three years of
the ICR is estimated to be $353,000.  This cost is shown on the OMB 83-I
form in block 14(c), Total annualized cost requested.  The numbers in
block 14 of the OMB 83-I form are rounded to show the cost in thousands
of dollars.

6(c)  Estimating Agency Burden and Cost

The only costs to the Agency are those costs associated with analysis
of the reported information.  EPA's overall 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 $50,637.  This cost is based on the average hourly labor
rate as follows:

Managerial	$54.66   (GS-13, Step 5, $34.16 x 1.6)

Technical	$40.56   (GS-12, Step 1, $25.35 x 1.6)

Clerical	$21.95   (GS-6, Step 3, $13.72 x 1.6)

These rates are from the Office of Personnel Management (OPM) (2004
General Schedule( which excludes locality rates of pay.  Details upon
which this estimate is based appear in 

Table 2: Average Annual EPA Burden - NESHAP - Pesticide Active
Ingredient Production 

(40 CFR part 63, subpart MMM).

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

Based on our research for this ICR, approximately 88 existing sources
are currently subject to the standard.  It is estimated that an
additional two new sources and one reconstructed source per year will
become subject to the standard in the next three years.  Furthermore,
the industry is experiencing a 2 percent annual growth rate (i.e., new
respondents).

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

Number of Respondents



	

Respondents That Submit Reports	

Respondents That Do Not Submit Any Reports	





Year	

(A)

Number of New Respondents 1	

(B)

Number of Existing Respondents	

(C)

Number of ExistingRespondents 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	

3	

84	

0	

1	

86



2	

3	

86	

0	

1	

88



3	

3	

88	

0	

1	

90



Average	

3	

86	

0	

1	

88

1 New respondents include sources that have reconstructed.

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 88.  This number appears on the OMB 83-I form in block
13(a), Number of respondents.

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	

3	

1	

N/A	

3



Notification of process changes	

9	

1	

N/A	

9



Notification of anticipated startup	

3	

1	

N/A	

3



Notification of actual startup	

3	

1	

N/A	

3



Notification of initial performance test	

3	

1	

N/A	

3



Notification of initial CMS performance evaluation	

3	

1	

N/A	

3



Quarterly reporting	

9	

4	

N/A	

36



Semiannual reporting	

79	

2	

N/A	

158



Leak detention and repair (LDAR) report	

88	

2	

N/A	

176



Emissions averaging plan	

8	

1	

N/A	

8



	

	

	

Total	

402



The number of Total Annual Responses is 402.  This number is shown on
the OMB 83-I form in block 13(b), Total annual responses.

The Total Hours Requested is shown on the OMB 83-I form in block 13(c). 
The total annual labor costs are $1,542,049.  The annual labor costs are
not shown on the OMB 83-I form. Details regarding these estimates may be
found in Table 1. Annual Respondent Burden and Cost, NESHAP - Pesticide
Active Ingredient Production (40 CFR part 63, subpart MMM).

The total annual capital/startup and O&M costs to the regulated entities
are $353,000. This number is shown on the OMB 83-I form in block 14(c),
Total annualized cost requested. The cost calculations are detailed in
Section 6(b)(iii), Capital/Startup vs. Operation and Maintenance (O&M)
Costs.

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 Hours Requested are shown on the OMB 83-I form in block 13(c).
 The total annual labor costs are $1,542,049.  The annual labor costs
are not shown on the OMB 83-I form. Details regarding these estimates
may be found in Table 1. Annual Respondent Burden and Cost, NESHAP -
Pesticide Active Ingredient Production (40 CFR part 63, subpart MMM)
attached.  Furthermore, the annual public reporting and recordkeeping
burden for this collection of information are estimated to average 60
(rounded) hours per response.

The total annual capital/startup and O&M costs to the regulated entity
are $353,000.  This number is shown on the OMB 83-I form in block 14(c),
Total annualized cost requested.  The cost calculations are detailed in
Section 6(b)(iii), Capital/Startup vs. Operation and Maintenance (O&M)
Costs.

(ii) The Agency Tally

The average annual Agency burden and cost over next three years are
estimated to be 1,265 labor hours at a cost of $50,637.  See Table 2.
Annual Agency Burden and Cost, NESHAP - Pesticide Active Ingredient
Production (40 CFR Part 63, Subpart MMM) attached.

6(f)  Reasons for Change in Burden

The decrease in burden hours from the most recently approved ICR is due
to an adjustment.  Change in the burden for the existing facilities is
due primarily to an assumption that they are in compliance with the
initial requirements of the rule since the previous ICR covers the first
three years prior to the compliance date of the rule.  To achieve
compliance the respondents incurred initial expenses they no longer
have.

In addition, this assumption resulted in a significant reduction in
capital/startup cost since CMS monitors are assumed to be purchased
during the period of the active ICR which is a one time cost.  The
Operation and Maintenance (O&M) Costs increased slightly due to an
increase in the number of sources.

6(g)  Burden Statement

The annual public reporting and recordkeeping burden for this
collection of information are estimated to average 60 (rounded) hours
per response.  Burdens 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 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
a respondent burden, including the use of automated collection
techniques, EPA has established a public docket for this ICR under
Docket ID Number OECA-2004-0007, which is available for public viewing
at the Enforcement and Compliance Docket and Information Center in the
EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution
Avenue, NW, Washington, D.C.  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.  An electronic
version of the public docket is available through EPA Dockets (EDOCKET)
at http://www.epa.gov/edocket.  Use EDOCKET 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, D.C. 20503, Attention: Desk Officer for
EPA.  Please include EPA Docket ID Number OECA-2004-0007 and OMB Control
Number 2060-0370 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 Pesticide
Active Ingredient Production (40 CFR part 63, 

subpart MMM)

	Burden item	

	(A)

Person-

hours per

occurrence	

(B)   

No.  of

occurrences

per respondent

per year	

(C)

Person-

hours per

respondent

per year

(C=AxB)	

(D)

Respondents

per year  	

(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)

Total Cost

Per Year  a



1.  Applications	

N/A	

	

	

	

	

	

	





2.  Survey and Studies	

N/A	

	

	

	

	

	

	





3.  Reporting Requirements	

	

	

	

	

	

	

	





   A.  Read instructions	

2	

1	

2	

2b	

4	

0.2	

0.4	

$293.50



   B.  Required Activities	

	

	

	

	

	

	

	





     Performance evaluation test

     (certification of CMS)	

13	

6	

78	

2c

	

156	

7.8	

15.6	

$11,446.50



   C.  Create information 	

Included in 3E	

	

	

	

	

	

	





   D.  Gather existing information	

Included in 3E	

	

	

	

	

	

	





   E.  Write Report 	

	

	

	

	

	

	

	





     Notification of                                
construction/reconstruction	

2	

1	

2	

3b,d	

6	

0.3	

0.6	

$440.25



     Notification of process                    changes	

8	

1	

8	

9e	

72	

3.6	

7.2	

$5,283.00



     Notification of anticipated              startup	

2	

1	

2	

3b,d	

6	

0.3	

0.6	

$440.25



     Notification of actual startup	

2	

1	

2	

3b,d	

6	

0.3	

0.6	

$440.25



     Notification of applicability of        the standard

     - Existing source

     - New source	

2

2	

1

1	

2

2	

0f

3b,d	

0

6	

0

0.3	

0

0.6	

$0

$440.25



     Precompliance plan	

40	

1	

40	

2g	

80	

4	

8	

$5,870.00



     Notification of initial                       performance test	

2	

1	

2	

3h	

6	

0.3	

0.6	

$440.25



     Notification of initial CMS             performance evaluation	

2	

1	

2	

3b,d	

6	

0.3	

0.6	

$440.25



     Notification of compliance             status

     - With performance test

     - Without performance test	

80

120	

1

1	

80

120	

3i

0j	

240

0	

12

0	

24

0	

$17,610.00

$0



   F.  Write periodic report                    -  Quarterly reporting

     -  Semiannual reporting

     -  LDAR reporting

     -  Emissions averaging plan	

24

8

94

40	

4

2

2

1	

96

16

188

40	

9k

79l

88m

9n	

864

1,264

16,544

360	

43.2

63.2

827.2

18	

86.4

126.4

1,654.4

36	

$63,396.00

$92,746.00

$1,213,916.00

$26,415.00



4.  Recordkeeping Requirements	

	

	

	

	

	

	

	





A.  Read instructions	

Included in 3A	

	

	

	

	

	

	





B.  Plan activities	

N/A	

	

	

	

	

	

	





C.  Implement activities	

N/A	

	

	

	

	

	

	





D.  Develop record system	

40	

1	

40	

2o	

80	

4	

8	

$5,870.00



E.  Develop startup, shutdown,            and malfunction plans	

100	

1	

100	

2p	

200	

10	

20	

$14,675.00



F.  Develop QA/QC plan for                CMS	

40	

1	

40	

2q	

80	

4	

8	

$5,870.00



G.  Time to enter information	

	

	

	

	

	

	

	





     -  Records of startup,                          shutdown, and
malfunction

     Records of CMS data

     -  Record continuously                        monitored parameters

     -  Enter/verify information

         for semiannual reports	

1.5

1

16	

52

320

2	

78

320

32	

2r

2s

2t	

156

640

64	

7.8

32

3.2	

15.6

64

6.4	

$11,446.50

$46,960.00

$4,696.00



F.  Calibration of CMS	

48	

1	

48	

2u	

96	

4.8	

9.6	

$7,044.00



G.  Time to train personnel	

40	

1	

40	

2	

80	

4	

8	

$5,870.00



H.  Time for audits	

N/A	

	

	

	

	

	

	





Subtotal Labor Burden	

	

	

	

	

21,016	

1,050.8	

2,097.61 	

$1,542,049.00



TOTAL LABOR  BURDEN AND COST (rounded)	

	

	

	

	

24,164	

$1,542,049



Assumptions:

a  This ICR uses the following labor rates: $95.32 per hour for
Executive, Administrative, and Managerial labor; $64.60 per hour for
Technical labor, and $40.09 per hour for Clerical labor.  These rates
are from the United States Department of Labor, Bureau of Labor
Statistics, December, 2003, (Table 10. Private industry, by occupational
and industry group.(

b  Assume that there will be 2 percent growth per year, which will
equate to two new facilities that will be built per year over the three
year period of this ICR.

c  Assume that all new sources are required to report the performance
evaluation test (continuous monitoring system certification).

d  Assume that one existing facility will be reconstructed each year.

e  Assume that 10 percent of existing facilities will implement process
changes.

f  Assume that rule only applies to new sources and reconstructed
facilities.

g  Assume 50 percent of new or reconstructed facilities will submit a
precompliance report with their notification of
construction/reconstruction.

h  Assume that 90 percent of new and reconstructed facilities will
conduct a performance test.

i  Assume that 90 percent of facilities will conduct a performance test.
 The notification of compliance status includes the report of the
performance test and the CMS performance evaluation.

j  Assume that 10 percent of facilities will comply by submitting
engineering calculations, design calculations and report of CMS
performance evaluation.

k  Assume 10 percent of facilities will have exceedances and periods of
noncompliance.

l  Assume 90 percent of facilities will have no exceedances.

m  Assume that it will take ninety-four hours to write a leak detention
and repair (LDAR) report.

n  Assume that 10 percent of existing facilities will comply with
emissions averaging requirements.  New sources are not allowed to use
emissions averaging.

o  Assume it will take forty hours to develop a record system for
recording parameter monitoring information.

p  Assume one person would require 80 hours to draft the startup,
shutdown, and malfunction plan and another twenty hours to
review/revisions for a total

of 100 hours.

r   Assume it will take 1.5 hours to record startup, shutdown, and
malfunction information.

s  Assume it will take one hour to record continuously monitored
parameters.

t  Assume it will take sixteen hours to enter/verify information for
semiannual report.

u  Assume that it will take 48 hours for the calibration of the
continuous monitoring system (CMS) to be completed.			

Table 2:  Average Annual EPA Burden - NESHAP for Pesticide Active
Ingredient Production (40 CFR part 63, subpart MMM)

	Burden Item	

(A)

Person

Hours Per

Occurrence	

(B)   

Number  of

Occurrences

Per Plant

Per Year	

(C)

Person Hours Per Plant Per

Year

(C=AxB)	

(D)

Plants Per  Year 	

(E)

Technical Hours 

Per Year

(E=CxD)	

	(F)

Management   Hours Per Year

(F=0.05xE)	

(G)

Clerical

Hours Per

Year

(G=0.1xE)	

(H)

Total a

Costs,    

Per Year 





Initial Performance Test             	

40	

1	

40	

2b	

80	

4	

8	

$3,639.04



Repeat performance test	

40	

1	

40	

0c	

0	

0	

0	

$0



Performance evaluation test (certification of CMS)	

2	

1	

2	

1d	

2	

0.1	

0.2	

$90.98



Report Review	

	

	

	

	

	

	

	





   Notification of applicability	

2	

2	

4	

2b	

8	

0.4	

0.8	

$363.90



   Notification of construction         and reconstruction	

2	

1	

2	

3b,e	

6	

0.3	

0.6	

$272.93



   Notification of anticipated           startup	

2	

1	

2	

3b,e	

6	

0.3	

0.6	

$272.93



   Notification of actual startup	

2	

1	

2	

3b,e	

6	

0.3	

0.6	

$272.93



   Notification of process                changes	

8	

1	

8	

9f  	

72	

3.6	

7.2	

$3,275.14



   Review of precompliance            report	

4	

1	

4	

1g 	

4	

0.2	

0.4	

$181.95



   Notification of performance        test	

2	

1	

2	

3b,e	

6	

0.3	

0.6	

$272.93



   Notification of CMS                    performance evaluation	

2	

1	

2	

3b,e	

6	

0.3	

0.6	

$272.93



   Review of notification of             compliance status

     -  With performance test

     -  Without performance test	

40

40	

1

0	

40

0	

  3b,e,h

0i  	

120

0	

6

0	

12

0	

$5,458.56

$0



   Review of emission averaging     plan	

20	

1	

20	

9f	

180	

9	

18	

$8,187.84



   Review of semiannual         	

2	

2	

4	

79j	

316	

15.8	

31.6	

$14,374.21



   Review of quarterly reports	

8	

4	

32	

9f	

288	

14.4	

28.8	

$13,100.54



   Review of NESHAP waiver        application	

N/A	

	

	

	

	

	

	





Subtotal	

	

	

	

	

1,100	

55	

110	

$50,036.81



Travel Expenses 	

 (1 person x 2 plant/yr x 2 day/plant x $50 per diem) + ($400/round trip
x 1 round trip/yr) =                                   $600.00



TOTAL LABOR BURDEN and COST (rounded)	

	

	

1,265	

$50,637



Assumptions:

a   This cost is based on the following hourly labor rates times a 1.6
benefits multiplication factor to account for government overhead
expenses: $54.66 for Managerial (GS-13, Step 5, $34.16 x 1.6), $40.56
for Technical (GS-12, Step 1, $25.35 x 1.6) and $21.95 Clerical (GS-6,
Step 3, $13.72 x 1.6).  These rates are from the Office of Personnel
Management (OPM) (2004 General Schedule( which excludes locality rates
of pay.

b  Assume that there will be 2 percent growth per year, which will
equate to two new facilities that will be built per year over the three
year period of this ICR.

c  Assume that 5 percent of new facilities will repeat performance test.

d  Assume EPA personnel will attend 10 percent of these performance
evaluation tests.

e  Assume that one existing facility will be reconstructed each year.

f  Assume 10 percent of existing facilities will require process changes
over the three year period of this ICR.

g  Assume 50 percent of new facilities will submit a precompliance
report. 

h  Assume 90 percent of all new sources will conduct a performance test
that covers the reviewing of compliance status report.

i  Assume 10 percent of facilities will comply by submitting engineering
calculations, design calculations and report of CMS performance
evaluation. 

j  Assume 90 percent of facilities will have no exceedances.										

 PAGE  22 

