SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

NESHAP for Flexible Polyurethane Foam Product (40 CFR Part 63, Subpart
III) (Renewal)

1.  Identification of the Information Collection

1(a)  Title of the Information Collection

NESHAP for Flexible Polyurethane Foam Product (40 CFR Part 63, Subpart
III) (Renewal)

EPA ICR Number 1783.05; OMB Control Number 2060-0357

1(b)  Short Characterization/Abstract

The Maximum Achievable Control Technology (MACT) standards for Flexible
Polyurethane Foam Product (published at 40 CFR part 63, subpart III)
were proposed on December 27, 1996 and promulgated on October 7, 1998. 
These standards apply to owners or operators of new and existing
facilities that engage in the manufacture of flexible polyurethane foam
products which emit hazardous air pollutants (HAPs).  This includes
facilities making slabstock flexible polyurethane foam (slabstock foam),
rebond flexible polyurethane foam (rebond foam), and/or molded flexible
polyurethane foam (molded foam).

In general, all MACT standards require initial notifications,
performance tests, and periodic reports.  Owners or operators of
flexible polyurethane foam production facilities to which this rule is
applicable must choose one of the compliance options described in the
standard or reduce HAP emissions to below the compliance level. 
Specifically, the rule requirements for slabstock foam producers include
an initial notification, notification of compliance status, semiannual
reports and annual compliance certifications.  In addition, respondents
are required to submit a pre-compliance report that describes the HAP
compliance procedures, and recordkeeping procedures.  Those electing to
comply with the slabstock foam emission limitation using recovery
devices must measure and record emissions as specified in 40 CFR 63.1297
of the rule.  The rule requirements for molded and rebond foam producers
include a notification of compliance status report and an annual
compliance certification.  These notifications, reports, and records are
essential in determining compliance, and are required of all sources
subject to MACT.

Any owner or operator subject to the provisions of this part shall
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.

There are approximately 132 respondents currently subject to the
regulation, and it is estimated that no new respondents per year will
become subject to the regulation in the next three years.  Since there
are no changes in the regulatory requirements and we have determined
that there is no significant industry growth, the labor hours and cost
figures in the previous Information Collection Request (ICR) are used in
this ICR renewal.  The burden to the “Affected Public” may be found
below in Table 1: Annual Respondent Burden and Cost: NESHAP for Flexible
Polyurethane Foam Product (40 CFR part 63, subpart III) (Renewal).  The
burden to the “Federal government” is attributed entirely to work
performed by Federal employees or government contractors.  This burden
may be found below in Table 2: Average Annual EPA Burden: NESHAP for
Flexible Polyurethane Foam Product (40 CFR part 63, subpart III)
(Renewal).

There are no capital/startup or Operation and Maintenance (O&M) costs
associated with this regulation.  The continuous parameter monitoring
equipment used by facilities affected by this regulation are used to
maintain a high level of operational efficiency and would have been
installed and maintained with or without regulation.  Details on this
estimate can be found in Section 6(b)(iii) of this report.

The Office of Management and Budget (OMB) approved the currently active
ICR with the following “Terms of Clearance”:

The cost of labor assumptions underlying the respondent and agency
burden cost calculations should be updated in the next renewal.

The cost of labor has been updated using the United States Department of
Labor, Bureau of Labor Statistics, March 2009, Table 2., labor rates for
the respondent labor costs, and the Office of Personnel Management (OPM)
2009 General Schedule for the Agency labor costs.

The 132 facilities in the United States, which are respondents to this
ICR, are publicly owned and operated by flexible polyurethane foam
production facilities.  None of the facilities are owned by either
state, local and tribal agencies or the Federal government.

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 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, hazardous air pollutants (HAP)
emissions from flexible polyurethane foam production facilities either
cause or contribute to air pollution that may reasonably be anticipated
to endanger public health or welfare.  Therefore, the MACT standards
were promulgated for this source category at 40 CFR part 63, subpart
III.

2(b)  Practical Utility/Users of the Data

The control of emissions from HAP emissions from flexible polyurethane
foam production facilities requires not only the installation of
properly designed equipment, but also the operation and maintenance of
that equipment.  Emissions of HAP from flexible polyurethane foam
production facilities are the result of operation of each slabstock
production line, each storage vessel, equipment cleaning, or from
leaking equipment (e.g., transfer pumps, connectors, valves, etc.).  The
subject standards are achieved by the capture of HAP emissions using
vapor recovery systems or carbon adsorption systems 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 check if the
pollution control devices are properly installed and operated, leaks are
being detected and repaired, and the regulations are being met.  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 MACT standards 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.  Non-duplication, Consultations, and Other Collection Criteria

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

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

An announcement of a public comment period for the renewal of this ICR
was published in the Federal Register on July 8, 2009 at 74 FR 32581. 
No comments were received on the burden published on the Federal
Register.

3(c)  Consultations

 	During a previous renewal of this ICR, the Agency’s experts in
matters concerning the affected industry had been consulted and the
Agency’s internal data sources and projections of industry growth over
the next three years were also considered.  The primary source of
information as reported by industry, in compliance with the
recordkeeping and reporting provisions in the standard, was the Air
Facility System (AFS) which is operated and maintained by the EPA Office
of Compliance.  AFS is the EPA database for the collection, maintenance,
and retrieval of all compliance data.  The growth rate for the industry
was based on our consultations with the Agency’s industry experts. 
Approximately 132 respondents will be subject to the standard over the
three-year period covered by this ICR.

	Industry trade associations, such as the Polyurethane Foam Association,
and other interested parties were provided an opportunity to comment on
the burden associated with the standard as it was being developed.  The
standard has been previously reviewed to determine the minimum
information needed for compliance purposes.

It is our policy to carefully review any comments received since the
last ICR renewal including those submitted in response to the first
Federal Register notice and respond appropriately.  In this case, no
comments were received.

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 part 1320, section 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 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.  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 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 and NAICS Codes

The respondents to the recordkeeping and reporting requirements are
owners or operators of flexible polyurethane foam production facilities.
 The United States Standard Industrial Classification (SIC) code for the
respondents affected by the standards is code 3086 which corresponds to
the North American Industry Classification System (NAICS) code 326150
for Urethane and Other Foam Product (except Polystyrene) Manufacturing.

4(b)  Information Requested

(i)  Data Items

All data in this ICR that is recorded and/or reported is required by
National Emissions Standards for Hazardous Air Pollutants (NESHAP) for
Flexible Polyurethane Foam Production (40 CFR part 63, subpart III).

A source must make the following reports:

Notification Reports	Citation

Initial notification	63.1306(a)

Application for approval of construction or reconstruction	63.1306(b)

Pre-compliance report	63.1306(c)

Notification of compliance status	63.1306(d)

Notification of special compliance requirements	63.9(d)

Change in selected emission limitation/compliance method
63.1306(f)(1)&(2)

Request for extension of compliance, adjustments to time periods, and
changes in information	63.9(c), 63.9(i), 63.9(j)



Reports	Citation

Semiannual compliance reports	63.1306(e)

Annual compliance certification	63.1306(g)



A source must keep the following records:

Recordkeeping	Citation

Startups, shutdowns, malfunctions, periods where the continuous
monitoring system is inoperative	63.10(b)(2) 

All reports and notifications	63.10(b)

Record of applicability	63.10(a)

Slabstock sources shall maintain storage vessel records, equipment leaks
record, HAP auxiliary blowing unit (ABA) records for emission point
specific limitations or source-wide limitations, records of product data
sheet for HAP cleaners, and if using a recovery device, the records of
the recovered HAP ABA recordkeeping program, the monitoring device(s
Quality Assurance (QA) data, parameter monitoring, and the HAP ABA
recovered.	63.1307(a-f)

Molded/rebond foam sources shall maintain records of product data sheets
for each compound other than diisocyanates used to flush the mixhead and
associated piping during periods of startup or maintenance, and the
product data sheets for each mold release agent used that has HAPs.
63.1307(g-h)

Records are required to be retained for five years; however, only the
data of the most recent two years must be kept on-site	63.10(b)(1)



Electronic Reporting

Currently, sources are using monitoring equipment that provides
parameter data in an automated way, e.g., flow rate monitoring and pump
revolution per minute monitoring.  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.  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 10 percent of the respondents use
electronic reporting.

Respondent Activities

Respondent Activities

Read instructions.

Slabstock foam sources shall install, calibrate, maintain, and operate
Continuous Monitoring System (CMS) for flow rate or pump revolutions to
monitor continuously the amount of polyol added and for HAP ABA.

Performance tests are not required by MACT, subpart III.  However,
sources are required to use Reference Method 18 of part 60 for HAP
concentration; Method 25A of part 60 for organic compounds measurements;
Method 21 of part 60 for equipment leaks; and American Society for
Testing and Materials (ASTM) method D3574-91, Standard Test methods for
Flexible Cellular Materials-Slab, Bonded, and Molded.

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., flow rate monitors; however,
personnel at the facility still need to evaluate the 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.  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 10 percent of the
respondents use electronic reporting.

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.  Data and records maintained by the
respondents are tabulated and published for use in compliance and
enforcement programs.  The semiannual reports and annual compliance
certifications 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 the EPA Office of Compliance.  AFS is the EPA
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

During this renewal, the proposed and final rules were reviewed to
estimate the number of small entities potentially affected.  According
to the Proposed Rule (61 FR 68406): 

Due to insufficient data on the ownership of plants in the flexible
polyurethane foam industry, an analysis of each parent company in the
industry was not feasible.  Consequently, the EPA used data collected in
the section 114 survey to evaluate the impact on small businesses based
on model facilities.  That analysis indicates that there is a total of
approximately 121 businesses (31 slabstock, 90 molded) that are affected
by the proposed regulation, of which approximately 71 are small
businesses (18 slabstock, 53 molded).  Given the results of the analysis
and the use of worst-case assumptions in the closure analysis, the EPA
believes that the affect of the proposed regulation on small businesses
will be minimal.

Based on this information, EPA assumes that approximately 59 percent of
currently affected facilities, or 77 facilities, may be small entities.

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 below in Table 1: Annual Respondent Burden and
Cost: NESHAP for Flexible Polyurethane Foam Product (40 CFR part 63,
subpart III) (Renewal).

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
under the NESHAP subpart III standards, 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.   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 9,047
hours, which is shown below in 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: $114.77 per hour for Executive,
Administrative, and Managerial labor; $97.59 per hour for Technical
labor, and $48.26 per hour for Clerical labor.  These rates are from the
United States Department of Labor, Bureau of Labor Statistics, March,
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. 

Managerial	$114.77 ($54.65 + 110%)

Technical	$97.59 ($46.47 + 110%)

Clerical	$48.26 ($22.98 + 110%)

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

The only costs to the regulated industry resulting from information
collection activities required by the subject standards are labor costs.
 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 monitors and other costs such as
photocopying and postage.

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

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)

Leak detectors	$29,786	0	$0	$5,250	0	$0



There are no total capital/startup costs for this ICR since we have
assumed that no new sources will become subject to these standards and
that the existing sources conducting modifications will not be
purchasing new monitoring equipment.  This is the total of column D in
the table above.

There are no operation and maintenance costs for this ICR since sources
electing to comply with the source-wide emission limit and are not using
bag leak detectors and the monitoring parameter monitors were already
being used in their operations prior to promulgation of this rule.  This
is the total of column G in the table above.

The total respondent costs have been calculated as the addition of the
capital/startup costs, and the annual operation and maintenance costs. 
Therefore, there is no average annual cost for capital/startup and
operation and maintenance costs to industry over the next three years of
the ICR.

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 cost to the Federal government during the three years
of the ICR is estimated to be $21,544.  This cost is based on the
average hourly labor rates below:

Managerial	$61.36   (GS-13, Step 5, $38.35 + 60%)

Technical	$45.52   (GS-12, Step 1, $28.45 + 60%)

Clerical	$24.64   (GS-6, Step 3, $15.40 + 60%)

These rates are from the Office of Personnel Management (OPM) 2009
General Schedule, which excludes locality rates 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 Burden: NESHAP for
Flexible Polyurethane Foam Product (40 CFR part 63, subpart III)
(Renewal).

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

Based on our research for this ICR, approximately 132 existing
respondents (i.e., 59 slabstock foam producers and 73 molded/rebond foam
producers) are currently subject to the standard.  It is estimated that
no respondents per year will become subject to the regulation in the
next three years.  However, it is estimated that six existing sources
will be modifying/reconstructing its operations and will have new
affected facilities.

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 That Submit Reports	(B)

Number of Existing Respondents That Submit Reports	(C)

Number of 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	6	132	0	6	132

2	6	132	0	6	132

3	6	132	0	6	132

Average	6	132	0	6	132

*  New respondents are defined for this calculation as sources that
recently became subject to the rule and existing sources that have
modified/reconstructed their 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 132.

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

Total Annual Responses

(A)

Number of New Respondents *	(B)

Number of Reports for New Sources	(C)

Number of Existing Respondents**	(D)

Number of Reports for Existing Sources	(F)

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

Total Annual Responses 

E=(AxB)+(CxD)+F

6	3	59	2	0	209



73	1



* New respondents are defined for this calculation as sources that
recently became subject to the rule and existing sources that have
modified/reconstructed their facilities.

** There are 59 existing slabstock foam producers and 73 existing
molded/rebond foam producers which total 132 respondents.

The number of Total Annual Responses is 209.  The total annual labor
costs are $850,851.  Details regarding these estimates may be found
below in Table 1. Annual Respondent Burden and Cost: NESHAP for Flexible
Polyurethane Foam Product (40 CFR part 63, subpart III) (Renewal).

Note that there are no total annual capital/start up and operation and
maintenance (O&M) costs to the regulated entity that can be attributed
to this rule.  These costs are detailed in Section 6(b)(iii),
Capital/Startup vs. Operation and Maintenance Costs.

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

The bottom line burden hours and cost tables for both the Agency and the
respondents appear below or are attached.  The annual public reporting
and recordkeeping burden for this collection of information is estimated
to average 43 hours per response.

6(f)  Reasons for Change in Burden

There is no change in the labor hours to respondents in this ICR
compared to the previous ICR.  This is due to two considerations: 1) the
regulations have not changed over the past three years and are not
anticipated to change over the next three years; and 2) the growth rate
for the industry is very low, negative or non-existent.  Therefore, the
labor hours in the previous ICR reflect the current burden to the
respondents and are reiterated in this ICR. 

	The increases in labor cost burden to the Respondents and the Agency
are due to labor rate adjustments reflecting rates for fiscal year 2009.
 The increases are not due to any program changes.  Labor rates in the
previous ICR were based on fiscal year 2003.

6(g)  Burden Statement

The annual public reporting and recordkeeping burden for this collection
of information is estimated to average 43 hours per response.  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 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-2009-0394.  An electronic version of the public docket is
available at 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 contents of the 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 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, 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 docket center 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, D.C. 20503, Attention:
Desk Officer for EPA.  Please include the EPA Docket ID Number EPA-
HQ-OECA-2009-0394 and OMB Control Number 2060-0357 in any
correspondence. 

Part B of the Supporting Statement

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

 

Assumptions:

a)	We have assumed that there are approximately 59 existing slabstock
foam producers and 73 existing rebond/molded foam producers for a total
of 132 existing foam producers (i.e., respondents) that are major
sources and subject to the NESHAP subpart III.  We have further assumed
that there will be no new foam producers commencing operations over the
period of this ICR.  However, we have assumed that 6 existing
respondents (3 slabstock foam producers and 3 molded/rebound foam
producers) a year will be conducting some type of modification but they
will continue to meet compliance requirements while the
reconstruction/modification application is under review.  Therefore, the
average number of respondents per year for this ICR is estimated to be
132.  

b)	This ICR uses the following labor rates: Managerial $114.77 ($54.65 +
110%); Technical $97.59 ($46.47 + 110%); and Clerical $48.26 ($22.98 +
110%).  These rates are from the United States Department of Labor,
Bureau of Labor Statistics, March 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.  This ICR assumes that Managerial hours are 5 percent of
Technical hours, and Clerical hours are 10 percent of Technical hours.

c)	We have assumed that all slabstock foam producers are meeting the
source-wide emission limit and control diisocyanate emissions
monitoring, recordkeeping and reporting requirements.  Molded/rebond
foam producers are required to eliminate the use of HAP or HAP-based
materials, cleaners or agents and only have recordkeeping and reporting
requirements.

d)	Sources are required to use Method 21 of Appendix A of part 63 for
equipment leaks; Standard Methods for Flexible Cellular Materials for
determining foam properties, ASTM D3574-91; Method 18 of part 60 for HAP
concentration; and Method 25A of 40 CFR part 60 for organic compounds.

e)	We have assumed that all existing sources are in compliance with the
initial rule requirements.

f)	Slabstock foam producers (i.e., 59 respondents) are required to
submit semiannual reports.

g)	All sources are required to submit compliance certifications
annually.  However, we have assumed that all of the existing molded foam
producer sources that are major sources are collocated at slabstock foam
production sites, and therefore, there won't be an additional reporting
burden due to meeting this requirement concurrently with the semiannual
compliance status reports.

h)	We have determined that there will be no sources submitting a special
compliance report for this ICR since the compliance date for this rule
has passed.  Owners or operators of an affected source for which
reconstruction occurs after the proposal date of the subject rule under
40 CFR part 63 and before the promulgation of such rule or before the
proposal date of a relevant standard established pursuant to section of
112(f) of the Clean Air Act, is required to submit this report, as
described in section 63.6(b)(3) and (4) of the General Provisions of
part 63.

i)	This notification is required when an owner or operator requests
approval of an extension of a time period or postmark deadline,
according to section 63.9(i) of the General Provisions under 

	part 63.

j)	We have assumed that one existing source will be changing its
compliance period from monthly rolling to annual rolling or vice-versa.

k)	The types of records include: storage vessel records; equipment leak
records; HAP ABA records for point-specific and source-wide limitations
for both rolling annual compliance and monthly compliance alternative
records; recovery device records, and proper maintenance of product data
sheets.

  

Assumptions:

a)	We have assumed that there are approximately 59 existing slabstock
foam producers and 73 existing rebond/molded foam producers for a total
of 132 respondents.  We have further assumed that about 6 existing
respondents a year will be conducting some type of modification at its
facility and that there will be no new sources over the period of this
ICR.  Therefore, the average number of respondents per year is estimated
to be 132.  These rates are from the Office of Planning and Management
(OPM) A2003 General Schedule, which excludes locality rates of pay.

b)	This ICR uses the following labor rates: Managerial $61.36 (GS-13,
Step 5, $38.35 + 60%); Technical $45.52 (GS-12, Step 1, $28.45 + 60%);
and Clerical $24.64 (GS-6, Step 3, $15.40 + 60%).  These rates are from
the OPM, 2009 General Schedule, which excludes locality rates of pay. 
The rates have been increased by 60 percent to account for the benefit
packages available to government employees.  This ICR assumes that
Clerical hours are 10 percent of Technical hours and Managerial hours
are 5 percent of Technical hours.

c)	We have assumed that all existing sources are in compliance with the
initial rule requirements.  In addition, we have assumed that facilities
seeking to reconstruct will continue to meet compliance requirements
while application is under review.

d)	We have determined that there will be no sources submitting a special
compliance report for this ICR since the compliance date for this rule
has passed.

e)	Slabstock foam producers (i.e., 59 sources) are required to submit
semiannual reports.

f)	All respondents (i.e., 132 foam producers) are required to submit
annual compliance certifications.  However, we have assumed that
slabstock sources will be complying with this requirement concurrently
when submitting semiannual reports.  Molded foam producers would still
need to meet this requirement separately.

g)	We have assumed that one existing source will be changing its
compliance period from monthly rolling to annual.

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