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), EPA ICR Number 1807.05, OMB Control Number
2060-0370

1(b)  Short Characterization/Abstract

The National Emission Standards for Hazardous Air Pollutants (NESHAP)
Pesticide Active Ingredient Production were proposed on November 10,
1997, (62 FR 60579), promulgated on June 23, 1999, (64 FR 33550), and
amended on August 20, 2002.  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 reports;
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 a pre-compliance 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 requirement 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.

Any owner or operator subject to the provisions of this part will
maintain a file of these measurements, and retain the file for at least
three 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 regional office.

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 pesticide active ingredient (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 15 sources are currently subject to the regulation, and it
is estimated that no additional respondents per year will become subject
to the regulation in the next three years.

There are approximately 15 pesticide active ingredient production
facilities in the United States, which are owned and operated by the
pesticide active ingredient production industry.  None of the 15
facilities in the United States are owned by state, local, tribal or the
Federal government.  They are owned and operated by privately owned
for-profit businesses.  You can find the burden to the “Affected
Public” listed below in Table 1: Annual Industry Burden and Cost -
NESHAP for Pesticide Active Ingredient Production (40 CFR Part 63,
Subpart MMM).  The Federal government burden does not include work
performed by Federal employees.  The burden refers only to work
performed by contractors, which could be found listed below in Table 2:
Average Annual EPA Burden - NESHAP for Pesticide Active Ingredient
Production (40 CFR Part 63, Subpart MMM).

In the development of the ICR, we addressed the Office of Management and
Budget (OMB) “Terms of Clearance (TOC)” on the active ICR.  The TOC
are as follows:

When this ICR is renewed, EPA should review the respondent burden
universe, labor rates, and capital costs and ensure these estimates have
been updated.

EPA has addressed each item of concern in the TOC.  The respondent
burden, universe, labor rates, and capital cost, have been thoroughly
checked and all estimates updated.

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 (HAP). 
These standards are applicable to new or existing sources of HAP and
shall require the maximum degree of emission reduction.  In addition,
section 114(a) states that the Administrator may require any owner or
operator subject to any requirement of this Act to:

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

In the Administrator's judgment, HAP 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 recordkeeping and reporting requirements in the standard ensure
compliance with the applicable regulations which where promulgated in
accordance with the Clean Air Act.  The collected information is also
used for targeting inspections and as evidence in legal proceedings.

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

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

The 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.

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 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 (76 FR 26900) on May 9, 2011.  No
comments were received on the burden published in the Federal Register.

3(c)  Consultations

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

Industry trade associations and other interested parties were provided
an opportunity to comment on the burden associated with the standard as
it was being developed.  In developing this ICR, we contacted the
American Chemistry Council (ACC) at (202) 249-7000, and the Society of
Chemical Manufacturers and Affiliates (SOCMA) at (202) 721-4100.

It is our policy to respond after a thorough review of comments received
since the last ICR renewal as well as those submitted in response to the
First Federal Register Notice.

3(d)  Effects of Less Frequent Collection

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

3(e)  General Guidelines

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

These standards require the respondents to maintain all records,
including reports and notifications for at least five years.  This is
consistent with the General Provisions as applied to the standards.  EPA
believes that the five-year records retention requirement is consistent
with the Part 70 permit program and the five-year statute of limitations
on which the permit program is based.  The retention of records for five
years allows EPA to establish the compliance history of a source, any
pattern of non-compliance and to determine the appropriate level of
enforcement action.  EPA has found that the most flagrant violators have
violations extending beyond the five years.  In addition, EPA would be
prevented from pursuing the violators due to the destruction or
nonexistence of essential records.

3(f)  Confidentiality

Any information submitted to the Agency for which a claim of
confidentiality is made will be safeguarded according to the Agency
policies set forth in title 40, chapter 1, part 2, subpart B -
Confidentiality of Business Information (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 part 1320, section 1320.5.

(i)  Data Items

In this ICR, all the data recorded or reported is required by National
Emission Standards for Hazardous Air Pollutants for Pesticide Active
Ingredient Production (40 CFR Part 63, Subpart MMM).

A source must make the following reports:

Notification Reports

Notification and application of construction and reconstruction	63.5(d),
63.1368(c)

Initial notification	63.9, 63.1368(b)

Notification of CMS performance evaluation	63.8(e)(2), 63.1368(d)

Notification of performance test and test plan	63.7(c), 63.1368(m)

Request for extension of compliance	63.1364(a)(2), 63.1368(n)

Pre-compliance report	63.1368(e)

Request for approval to use alternative monitoring parameters	63.8(f),
63.1366(b)(4), 63.1368(e)(1)

Notification of compliance status report	63.9(h), 63.1368(f)

Periodic reports of excess emissions and noncompliance	63.10(e)(3),
63.1368(g)

Notification of process change	63.1368(h)

Notification Reports	Standard Citation by Section

Notification and application of construction and reconstruction	63.5(d),
63.1368(c)



Reports

Startup, shutdown, and malfunction reports	63.10(d)(5), 63.1368(i)

Equipment leaks reports	63.1363(h), 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), 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), 63.1367(b)(3)

Monitoring and records for process vent annual emission 

limits standard	63.1366(c), 63.1367(b)(4)

Monitor and record for equipment leaks	63.1366(d), 63.1367(c)

Monitoring and records for heat exchanger systems	63.1362(f),
63.1366(e), 63.1367(e)

Monitoring and records for pollution prevention	63.1366(f)
,6363.1367(b)(2)

Monitoring and records for emissions averaging	63.1366(g), 63.1367(d)

Records of process operating parameters	63.1367(b)(6), 63.1367(b)(7)

Applicability determinations	63.10(b)(3), 63.1367(a)(2)

Startup, shutdown, and malfunction plan	63.6(e)(3), 63.1367(a)(3)

Application for approval of construction or reconstruction	63.5(d),
63.1367(a)(5)

Records for vapor collection systems and closed-vent systems	63.1367(f)



Electronic Reporting

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

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

Respondent Activities

Read instructions.

Install, calibrate, maintain, and operate CMS

Perform initial performance test, Reference Method 18, 25A, 301, and
1818 test, and repeat performance tests if necessary.

Write the notification and reports listed above.

Enter information required to be recorded above.

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

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

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

Adjust the existing ways to comply with any previously applicable
instructions and requirements.

Train personnel to be able to respond to a collection of information.

Transmit, or otherwise disclose the information.



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

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

5(a)  Agency Activities

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

Agency Activities

Observe initial performance tests and repeat performance tests if
necessary.

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

Audit facility records.

Input, analyze, and maintain data in the Online Tracking Information
System (OTIS).



5(b)  Collection Methodology and Management

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

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

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

5(d)  Collection Schedule

The specific frequency for each information collection activity within
this request is shown in Table 1: Annual Industry Burden for NESHAP for
Pesticide Active Ingredient Production (40 CFR Part 63, Subpart MMM)
(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 for
the subpart included in this ICR.  The individual burdens are expressed
under standardized headings believed to be consistent with the concept
of burden under the Paperwork Reduction Act.  Wherever appropriate,
specific tasks and major assumptions have been identified.  Responses to
this information collection are mandatory.

The Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB Control Number.

6(a)  Estimating Respondent Burden

The average annual burden to industry over the next three years from
these recordkeeping and reporting requirements is estimated to be 3,666
(Total Labor Hours from Table 1).  These hours are based on Agency
studies and background documents from the development of the regulation,
Agency knowledge and experience with the NESHAP program, the previously
approved ICR, and any comments received.

6(b)  Estimating Respondent Costs

This ICR uses the following labor rates:

Managerial	$118.92 ($56.63 + 110%)   

Technical	$97.78 ($46.56 + 110%)

Clerical	$48.76 ($23.22 + 110%)

These rates are from the United States Department of Labor, Bureau of
Labor Statistics, December 2010, "Table 2. Civilian Workers, by
Occupational and Industry group."  The rates are from column 1, "Total
Compensation."  The rates have been increased by 110 percent to account
for the benefit packages available to those employed by private
industry.

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

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

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

Performance tests	$52,2001	0	$0	$1,325	15	$19,875

Wastewater CMS	$10,690	0	$0



	CMS cost for process vents	$15,920	0	$0



	Total

	$0

	$19,875

 	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 $0.  This is the total
of column D in the above table.

The total operation and maintenance (O&M) costs which consist of
photocopying and postage are $19,875.  This is the total of column G.

The average annual cost for capital/startup and operation and
maintenance costs to industry over the next three years of the ICR is
estimated to be $19,875.

6(c)  Estimating Agency Burden and Cost

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

The average annual Agency cost during the three years of the ICR is
estimated to be $6,012.

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

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

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

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

These rates are from the Office of Personnel Management (OPM) “2011
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 in Table 2: Average Annual EPA Burden, NESHAP for Pesticide
Active Ingredient Production (40 CFR Part 63, Subpart MMM) (Renewal).

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

	

	Based on our research for this ICR, on average over the next three
years, approximately 15 respondents will be subject to the standard.  It
is estimated that no additional new sources will become subject to the
rule.  The overall average number of respondents, as shown in the table
below, is 15 per year. 

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

Number of Respondents

Year	(A)

Number of New Respondents 1	(B)

Number of Existing Respondents	(C)

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

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

Number of Respondents

(E=A+B+C-D)

1	0	15	0	0	15

2	0	15	0	0	15

3	0	15	0	0	15

Average	0	15	0	0	15

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

To avoid double-counting respondents, column D is subtracted.  As shown
above, the average Number of Respondents over the three-year period of
this ICR is 15.

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

Total Annual Responses

(A)

Information Collection Activity	(B)

Number of Respondents	(C)

Number of Responses	(D)

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

Total Annual Responses

E=(BxC)+D

Notification of construction/reconstruction	0	1	N/A	0

Notification of process changes	1	1	N/A	1

Notification of anticipated startup	0	1	N/A	0

Notification of actual startup	0	1	N/A	0

Notification of initial performance test	0	1	N/A	0

Notification of initial CMS performance evaluation	0	1	N/A	0

Quarterly reporting	1	4	N/A	4

Semiannual reporting	14	2	N/A	28

Leak detention and repair (LDAR) report	15	2	N/A	30

Emissions averaging plan	1	1	N/A	1



	Total	64



The number of Total Annual Responses is 64.

The total annual labor costs are $346,223.  Details regarding these
estimates may be found in Table 1: Annual Industry Burden and Cost -
NESHAP for Pesticide Active Ingredient Production (40 CFR Part 63,
Subpart MMM) (Renewal).

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

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

(i)  Respondent Tally

The total annual labor costs are $346,223.  Details regarding these
estimates may be found in Table 1. Annual Respondent Burden and Cost:
NESHAP for Pesticide Active Ingredient Production (40 CFR Part 63,
Subpart MMM) (Renewal).  

Furthermore, the annual public reporting and recordkeeping burden for
this collection of information is estimated to average 57 hours per
response.

The total annual capital/startup and operation and maintenance (O&M)
costs to the regulated entity are $19,875.  

(ii)  The Agency Tally

The average annual Agency burden and cost over next three years is
estimated to be 133 labor hours at a cost of $6,012.  See Table 2.
Annual Agency Burden and Cost: NESHAP for Pesticide Active Ingredient
Production (40 CFR Part 63, Subpart MMM) (Renewal).

6(f)  Reasons for Change in Burden

The adjustment decrease in burden from the most recently approved ICR is
due to a more accurate estimate of existing and anticipated new sources.
 After consulting with the Office of Air Quality Planning and Standards
(OAQPS) and a number of trade associations, our data indicates that
there are approximately fifteen sources subject to the rule, as compared
with the active ICR that shows eighty-eight sources.  There are no new
facilities expected to be constructed over the next three years of this
ICR.  The decline in the number of sources is partially due to: 1) plant
closures: the cost to retrofit aging facilities increased due to the
down turn in the economy; 2) corporate mergers; and 3) foreign
competition.  Therefore, there is a net decrease in the burden to
industry.

Because there are no new sources with reporting requirements, no
capital/startup costs are incurred.  The only cost that is incurred is
for the operation and maintenance (O&M) of the monitoring equipment.

6(g)  Burden Statement

The annual public reporting and recordkeeping burden for this collection
of information is estimated to average 57 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-2011-0207.  An electronic version of the public docket is
available at   HYPERLINK "http://www.regulations.gov/" 
http://www.regulations.gov/  which may be used to obtain a copy of the
draft collection of information, submit or view public comments, access
the index listing of the content of the docket, and to access those
documents in the public docket that are available electronically.  When
in the system, select “search” than key in the docket ID number
identified in this document.  The documents are also available for
public viewing at the Enforcement and Compliance Docket and Information
Center in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301
Constitution Avenue, N.W., Washington, DC.  The EPA Docket Center Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays.  The telephone number for the Reading Room is
(202) 566-1744, and the telephone number for the Enforcement and
Compliance Docket and Information Center Docket is (202) 566-1752. 
Also, you can send comments to the Office of Information and Regulatory
Affairs, Office of Management and Budget, 725 17th Street, N.W.,
Washington, DC 20503, Attention: Desk Officer for EPA.  Please include
the EPA Docket ID Number EPA-HQ-OECA-2011-0207 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  a	

(E)

Technical person- hours per year

(E=CxD)	

(F)

Management person hours per year

(Ex0.05)	

(G)

Clerical person hours per year

(Ex0.1)	

(H)

Cost, $  b

1.  Applications	N/A







	2.  Survey and Studies	N/A







	3.  Reporting requirements









     A.  Read instructions c	2	1	2	0	0	0	0	$0    

  B.  Required activities









          Performance evaluation test (certification

         of CMS) c, d                                                   
                                                                   	13	6
78	0	0	0	0	$0

  C.  Create information	See 3B







	  D.  Gather existing information	 See 3E, 







	  E.  Write Report









           Notification of construction/

           reconstruction c, d                                          
2	1	2	0	0	0	0	$0

           Notification of process changes e	8	1	8	1	8	0.4	0.8	$868.82

           Notification of anticipated startup c, d	2	1	2	0	0	0	0	$0

           Notification of actual startup c, d	2	1	2	0	0	0	0	$0

           Notification of applicability of the

           Standard









               -  Existing source f	2	1	2	0	0	0	0	$0

               -  New source c, d	2	1	2	0	0	0	0	$0

           Pre-compliance plan c, g	40	1	40	0	0	0	0	$0

           Notification of initial performance test c, h	2	1	2	0	0	0	0
$0

           Notification of initial CMS performance

           evaluation  c                                                
             	2	1	2	0	0	0	0	$0

               -  With performance test i	80	1	80	0	0	0	0	$0

               -  Without performance test j	120	1	120	0	0	0	0	$0

  F.  Write periodic report









               -  Quarterly reporting k	24	4	96	1	96	4.8	9.6	$10,425.80

               -  Semiannual reporting l	8	2	16	14	224	11.2	22.4
$24,326.84

               -  LDAR reporting m	94	2	188	15	2,820	141	282	$306,257.64

               -  Emissions averaging plan n	40	1	40	1	40	2	4	$4,344.08

Subtotal for Reporting Requirements





3,666.2



4.  Recordkeeping requirements









     A.  Read instructions 	See 3A







	     B.  Plan activities	N/A







	     C.  Implement Activities 	N/A







	     D.  Develop record system o	40	1	40	0	0	0	0	$0

     E.  Develop startup, shutdown, and

           malfunction plans p     	100	1	100	0	0	0	0	$0

     F.  Develop QA/QC plan for CMS q	40	1	40	0	0	0	0	$0

     G.  Time to enter information









            -  Records of startup, shutdown, and 

                malfunction r	1.5	52	78	0	0	0	0	$0

          Records of CMS data









-  Record continuously monitored 

    parameters s     	1	320	320	0	0	0	0	$0

-  Enter/verify information for 

    semiannual report t	16	2	32	0	0	0	0	$0

    H.  Calibration of CMS u	48	1	48	0	0	0	0	$0

     I.  Time to train personnel v	40	1	40	0	0	0	0	$0

     J.  Time for audits	N/A







	Subtotal for Recordkeeping Requirements





0



Subtotals Labor Burden and cost  



	3,188	159.4	318.8	$346,223.18

TOTAL LABOR BURDEN AND COST (rounded)	

	

	

	

	3,666.2

3,666 (rounded)	$346,223



Assumptions:

a  We have assumed that the average number of existing sources subject
to the rule will be 15.  There will be no additional new sources per
year that will become subject to

    the rule over the three-year period of this ICR.

b  This ICR uses the following labor rates:  $118.92 per hour for
Executive, Administrative, and Managerial labor; $97.78 per hour for
Technical labor, and $48.76 per hour

   for Clerical labor.  These rates are from the United States
Department of Labor, Bureau of Labor Statistics, December, 2010, Table
2. Civilian Workers, by Occupational

   and Industry groups.  The rates are from column 1, Total
Compensation.  The rates have been increased by 110 percent to account
for the benefit packages available to

    those employed by private industry.

c  We have assumed that there will be no new facilities that will be
constructed over the three-year period of this ICR.

d  We have assumed that only new sources are required to report the
performance evaluation test (continuous monitoring system
certification).

e  We have assumed that 10 percent of existing facilities will implement
process changes.

f  We have assumed that the rule only applies to new and reconstructed
facilities.

g  We have assumed that 50 percent of new and reconstructed facilities
will submit a pre-compliance report with their notification of
construction/reconstruction.

h  We have assumed that 90 percent of new and reconstructed facilities
will conduct a performance test.

i  We 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 continuous

    monitoring system (CMS) performance evaluation.

j   We assume that 10 percent of facilities will comply by submitting
engineering calculations, designing calculations, and reporting of the
CMS performance evaluation.

k  We assume that 10 percent of facilities will have exceedances and
periods of noncompliance and will submit periodic report on a quarterly
basis. 

l   We assume that 90 percent of facilities will have no exceedances and
will submit periodic report on a semiannual basis.

m  We have assumed that each respondent will take ninety-four hours two
times per year to write a leak detention and repair (LDAR) report. 

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

o  We have assumed that it will take forty hours for each new respondent
to develop a record system for recording parameter monitoring
information.

p  We have assumed that each new respondent 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.

q  We have assumed that each respondent will take 40 hours to develop
the Quality Assurance(QA) / Quality Control (QC) plan for CMS.

r   We have assumed that it will take 1.5 hours once per week for each
new respondent to enter records of startup, shutdown, and malfunction
information.

s  We have assumed that it will take one hour 320 times per year to
record continuously monitored parameters data.

t  We have assumed that it will take sixteen hours for each new
respondent to enter/verify information for semiannual report.

u  We have assumed that it will take 48 hours for each new respondents
to complete the calibration of the CMS.

v  We have assumed that it will take 40 hours once per year for each new
respondent to train personnel.



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

Activity	

(A)

EPA person-

hours per

occurrence	

(B)

No. of

occurrences

per plant

 per year	

(C)

EPA person

hours per

plant per year

(C=AxB)	

(D)

Plants per year b  	

(E)

Technical

person-

hours

per year

(E=CxD)	

(F)

Management

person-hours

per year

(Ex0.05)

	

(G)

Clerical

person-

hours per year

(Ex0.1)	

(H)

Cost, $ a

Activity









Initial performance test 	40	1	40	0	0	0	0	$0

Repeat performance test c	40	1	40	0	0	0	0	$0

Performance evaluation test (certification of 

CMS) d	2	1	2	0	0	0	0	$0

Report review









     Notification of applicability 	2	2	4	0	0	0	0	$0

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

     Notification of anticipated startup 	2	1	2	0	0	0	0	$0

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

     Notification of process changes e	8	1	8	1	8	0.4	0.8	$414.60

     Review of pre-compliance report f	4	1	4	0	0	0	0	40

     Notification of performance test 	2	1	2	0	0	0	0	40

     Notification of CMS performance

     evaluation 	2	1	2	0	0	0	0	$0

     Review of notification of compliance status









        -  With performance test g	40	1	40	0	0	0	0	$0

        -  Without performance test h	40	1	40	0	0	0	0	$0

     Review of emission averaging plan i	20	1	20	1	20	1	2	$1,036.49

     Review of semiannual report j	2	2	4	14	56	2.8	5.6	$2,902.18

     Review of quarterly reports k	8	4	32	1	32	1.6	3.2	$1,658.38

     Review of NESHAP waiver application	N/A







	Subtotals Labor Burden and cost



	116	5.8	11.6	$6,011.65

TOTAL ANNUAL BURDEN AND COST (rounded)	

	

	

	

	133

	$6,012



 	Assumptions:

a  This cost is based on the following labor rates which incorporate a
1.6 benefits multiplication factor to account for government overhead
expenses: $62.27

Managerial rate (GS-13, Step 5, $38.92 x 1.6), $46.21 Technical rate
(GS-12, Step 1, $28.99 x 1.6), and $25.01 Clerical rate (GS-6, Step 3,
$15.63 x 1.6).  These rates are 

from the Office of Personnel Management (OPM) 2011 General Schedule
which excludes locality rates of pay.

        

b  We have assumed that the average number of existing sources subject
to the rule will be 15.  There will be no additional new sources per
year that will become subject

to the rule over the three-year period of this ICR

c  We have assumed that 5 percent of new facilities will repeat
performance test.

d  We have assumed that EPA personnel will attend 10 percent of these
performance evaluation tests.

e  We have assumed that 10 percent of existing facilities will take two
hours each once per year to review process changes report.

f  We have assumed that 50 percent of new facilities will take four
hours once per year to review the pre-compliance report.

g  We have assumed that 90 percent of all new sources will conduct a
performance test that covers the reviewing of compliance status report.

h  We have assumed that 10 percent of facilities will comply by
submitting engineering calculations, designing calculations, and
reporting of the CMS performance    evaluation.

i  We have assumed that 10 percent of existing facilities will each take
20 hours once per year to review emission-averaging plan. 

j  We have assumed that 90 percent of existing facilities will each take
two hours twice per year to review the semiannual report.

k  We have assumed that 10 percent of existing facilities will each take
eight hours four times per year to review the quarterly reports.

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