1 SUPPORTING STATEMENT

NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS EMISSIONS: PESTICIDE ACTIVE INGREDIENT PRODUCTION

PART A

1.0 Identification of the Information Collection

(a) Title and Number of the Information Coll ection. This information collection request (ICR) is entitled "Amendments to Requirements for Sources regulated by the National Emission Standards for Hazardous Air Pollutants for Pesticide Active Ingredient Production." The EPA tracking number is 1807.0 5. The Office of Management and Budget (OMB) number is 2060

- 0370.

(b) Short Characterization. The National Emission Standards for Hazardous Air Pollutants (NESHAP) for Pesticide Active Ingredient Production were promulgated on June 23, 1999 at 40 CFR 63 Subpart MMM (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 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 subje ct 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 perf ormance 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 a pre2

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 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. 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 thr ee 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 E nvironmental Protection Agency regional office. 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 Environm ental Protection Agency (EPA) regional office. The information is used to determine whether or not all sources subject to the NESHAP are achieving the standards. This ICR includes information collection requirements in the proposed rulemaking that

amend t itle 40, chapter I, part 63 of the Code of Federal Regulations (CFR) Subpart MMM NESHAP for Pesticide Active Ingredient Production. To ensure compliance with this requirement, facility owners or operators are required to install electronic indicators on ea ch PRD that would be able to identify and record the time and duration of each pressure release and notify operators that a pressure release has occurred. Information related to these new provisions is required to be submitted in the semi

- annual reports re quired by the existing Pesticide Active Ingredient NESHAP. The proposed amendments also add provisions for facility owners or operators to use if they wish to assert an affirmative defense to avoid civil penalties for exceedances of the applicable standard s that are caused by a malfunction. If these provisions are used, the owner or operator is required to meet certain criteria during the malfunction, notify the3

Administrator of malfunctions that may cause an exceedance of the emissions standards, and

submi t a report for the malfunction to the Administrator, to include a root cause analysis of the malfunction, within certain timeframes. There are approximately 17 existing facilities subject to the major source provisions specified under subpart MMM. N o new major sources are projected during the 3

- year period of

this ICR. The 17 pesticide active ingredient production facilities in the United States are all privately owned and operated by 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). The Office of Management and Budget (OMB) approved the currently active ICR without any “Terms of Clearance.”

2. Need For and Use of the Collection

(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 subcat egory 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 Administrato r 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 the4 Administrator shall prescribe); (E) keep records on control equipment parameters, production variables or o ther 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 j udgment, HAP emissions from Pesticide Active Ingredient 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.

(b) Use/Users of the Data. The recordkeeping and reporting requirements in the standard ensure compliance with the applicable regulations which were promulgated (and which are proposed in the amendments) in

accordance with the Clean Air Act. The col lected 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 monitor s 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 monito r. 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 contro l 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 collection specified in this ICR will also be used by the delegate d authority to determine if a source meets the criteria for affirmative defense. If a source meets the5

affirmative defense criteria, they may be excused from civil penalties for exceedances of an

emission limit.

3. Nonduplication, Consultations, and Other Collection Criteria

(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 st ate 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.

(b) Public Notice Required Prior to ICR Submission to OMB. This ICR is related to proposed amendments to the Pesticide Active Ingredient NESHAP. Comments will be solicited on the proposal package and the proposed ICR.

(c) Cons ultations. Upon review of the standard, information available and the data, the Agency has determined the recordkeeping and reporting requirements in the “Active” ICR is fully supported and necessary to fulfill the requirements of the Clean Air Act (CAA) . It has been determined that no further consultations with industry are necessary to calculate the burden associated with the amendments to the Pesticide Active Ingredient NESHAP.

(d) Effects of Less Frequent Collection. Less frequent information colle ction 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 emissi on 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.6

(e) General Guidelines

. No ne 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 pro gram 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 ha ve 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.

(f) Confidentiality. All information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to the Agency policies set forth in Title 40, Chapter 1, Part 2, Subpart

B

-- Confidentiality of Business Information (see 40 CFR 2; 41 FR 36902, September 1, 1976; amended by 43 FR 39999, September 28, 1 978; 43 FR 42251, September 28, 1978; 44 FR 17674, March 23, 1979).

(g) Sensitive Questions. This section is not applicable because this ICR does not involve matters of a sensitive

nature.

4. The Respondents and the Information Requested

(a) Respon dents/NAICS Codes

. Potential respondents under Subpart MMM are owners or operators of any existing or new Pesticide Active Ingredient manufacturing facility that is a major source of HAP emissions, including any facilities who may wish to make use of the n ew affirmative defense provisions to avoid civil penalties resulting from the exceedance of an emission limit. The source category and affected sources regulated by the Pesticide Active Ingredient NESHAP are classified under the7

North American Industrial Classification System (NAICS) code 325320, for Pesticide and Other Agricultural Chemical Manufacturing. The Pesticide Active Ingredient source category is estimated to consist of 17 existing facilities nationwide, all of which are major sources and would be subject to the major source provisions specified under the Pesticide Active Ingredient NESHAP. All 17 existing facilities could make use of the new affirmative defense provisions added to the rule. N o new major sources are projected during the 3

- year pe riod of this ICR.

(b) Information Requested. (i) Data Items, Including Recordkeeping Requirements. 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 Request for approval to use alternative monitoring parameters 63.8(f), 63.1366(b)(4), and 63.1368(e)(1) Periodic reports of excess emissions and non compliance 63.10(e)(3), 63.1368(g)

Notification of process change 63.1368(h)

Reports Equipment leaks reports 63.1363(h), 63.1368(j)

Emissions averaging reports 63.1368(k)

Heat exchange systems 63.1368(l)

PRD requirements in periodic reports 63.1363( h)(4)

Reports and notifications of malfunctions that result in an exceedance of the standard for the purpose of affirmative defense §63.1360(k)8

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), 63.1367(b)(3) Monitoring and records for process vent annual emission limits standard 63.1366(c), 63.1367(b)(4)

Monitor and records for equipment leaks 63.1366(d), 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), 63.1367(b)(2)

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

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

Records for vapor collection systems and closed

- vent systems 63.1367(f)

Electronic Reporting Some of the responde nts 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 approxima tely 20 percent of the respondents use electronic reporting. (ii) Respondent Activities.9 Respondent Activities Read instructions Perform initial performance test and repeat performance tests if necessary. Write the notifications and reports listed in Table 1 Enter information required to be recorded in Table 1. Submit the required reports developing, acquiring, installing, and utilizing technology and systems for the purpose of collecting, validating, and verifying information. Develop, acquire, in stall, 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. Transmit, or otherwise disclose the information.

(iii) Summary of the proposed amendments. The proposed amendments to the Pesticide Active Ingredient NESHAP require that facilities report a ny pressure device releases with the next periodic report required by the existing Pesticide Active Ingredient NESHAP. Facility owners or operators are required to install electronic indicators on each PRD to identify and

record the time and duration of e ach pressure release. For affirmative defense, the primary data item required is a written report which proves that all the criteria for asserting an affirmative defense have been met. The report also must include a root cause analysis of the malfunction and must be submitted within 45 days of the initial occurrence of the emissions exceedance. The owner or operator must notify the administrator within 2 days of the initial occurrence of the

malfunction if it wishes to avail itself of an affirmative defen se. EPA is including in Table 3 (located at the end of this supporting statement) an estimate of the burden associated with performing an affirmative defense. EPA is providing this as an illustrative example of the potential additional administrative bur den a source may incur to assert in an Affirmative Defense in response to an action to enforce the standards set forth in the applicable subpart. This illustrative estimate is not considered a duplicate estimate of cost under the General Duty to Minimize Emissions clause under 63.6(e)(1)(i), which states: “At all times, the owner10

and operator must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. Determining whether such operation and maintenance procedures are being used will be based on information available to the Administrator which may include, but is not limited to, monitoring re sults, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the

source.” To provide the public with an estimate of the relative magnitude of the burden associated

with an assertion of the affirmat ive defense position adopted by a source, EPA provides an administrative adjustment to this ICR that estimates the costs of the notification, recordkeeping and reporting requirements associated with the assertion of the affirmative defense. EPA’s

estimate for the required notification, reports and records, including the root cause analysis, associated with a single incident totals approximately $2,188 and is based on the time and effort required of a source to review relevant data, interview plant employees , and document the events surrounding a malfunction that has caused an exceedance of an emission limit. The estimate also includes time to produce and retain the records and reports for submission to EPA. EPA provides this illustrative estimate of this bu rden because these costs are only incurred if there has been a violation and a source chooses to take advantage of the affirmative defense. Of the number of excess emission events reported by source operators, only a small number would be expected to res ult from a malfunction, and only a subset of excess emissions caused by malfunctions would result in the source choosing to assert the affirmative defense. Thus we believe the number of instances in which source operators might be expected to avail

themse lves of the affirmative defense will be extremely small. For this reason, we estimate no more than 2 or 3 such occurrences for all sources within a given category over the 3

- year period covered by this ICR. For the purpose of this estimate, we are adding two (2) instances of affirmative defense. We expect to gather information on such events in the future and will revise

this estimate as better information becomes available.

5. The Information Collected

– Agency Activities, Collection Methodology, and

In formation Management11

(a) Agency Activities. EPA conducts one or more of the activities provided in Table 2 (attached) in connection with the acquisition, analysis, storage, and distribution of the required information. These tables

are introduced in Sect ion 6(c) of this ICR.

(b) Collection Methodology and Management

. Data and records maintained by the respondents are tabulated and published for use in compliance and enforcement programs of the delegated permitting authority. The semiannual reports are u sed for problem identification, as a check on source operation and maintenance, and for compliance determinations. The required report for facilities who wish to avail themselves of the affirmative defense will be used by the delegated authority to determi ne if a source meets the criteria for affirmative defense. If a source meets the criteria for affirmative defense, they may be excused from civil penalties for exceedances of an emission limit. EPA is the permitting authority until the state agency is dele gated authority to implement the rule. Therefore, information contained in the reports submitted to the Regional Administrator will be entered into the Air Facility System (AFS), which is operated and maintained by EPA’s Office of Compliance. AFS is EPA’s database for the collection, maintenance, and retrieval of compliance data for approximately 125,000 industrial and government

- owned facilities. EPA uses the AFS for tracking air pollution compliance and enforcement by local and state regulatory agencies, EPA regional offices and EPA headquarters. EPA and its delegated authorities can edit, store, retrieve and analyze the data.

(c) Small Entity Flexibility. A majority of the affected facilities are large entities (e.g., large businesses). However,

the impact on the one small entity (i.e., small business) in this source category was taken into consideration during development of the proposed amendments. Due to the proposed type of monitoring equipment to be used, the recordkeeping and reporting requireme nts 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.12

(d) Collection Schedule

. The specific frequency for eac h 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).

6. Estimating the Burden and Cost of the Collection

(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 11,374 (Total Labor Hours from Table 1). These hours are based on Agency studies and background docu ments from the development of the regulation, Agency knowledge and experience with the NESHAP program, the previously approved ICR, and any comments received. No burden estimates are provided for new sources because no new facilities are expected to become affected sources during the 3-year period of this

ICR.

(b) Estimating Respondent Costs.

The estimates of total technical

- hours per year per source and the number of activities per respondent per year for the new PRD requirements are listed in Table 1 a nd are based upon experience with similar information collection requirements in the Polyvinyl Chloride and Copolymers Production NESHAP (Subpart HHHHHHH). EPA’s estimate for an affirmative defense and root cause analysis is based on the time

and effort re quired of a source to review relevant data, interview plant employees, and reconstruct the events prior to a malfunction in order to determine primary and contributing causes. The level of effort also includes time to produce and retain the report in docu ment form so that the source will have it available should EPA or state enforcement agencies ever request to

review it. The estimates of total technical

- hours per year per source for asserting an affirmative defense are listed in Table 1 and are based upon experience with similar information collection requirements in the Sewage Sludge Incineration Units NESHAP (Subpart MMMM). (i) Estimating Labor Costs

.13

The ICR uses the following labor rates:

Technical $51.62 ($24.58 + 110%) Managerial $104.92 ($4 9.96 + 110%) Clerical $41.66 ($19.84 + 110%)

Labor rates and associated costs are based on data from the United States Department of Labor, Bureau of Labor Statistics (BLS) from July 2010. Wages for technical labor are from the category "chemical plant and system operators"; wages for management labor are from the category "general and operations managers”; and wages for clerical labor are from the category “secretaries and administrative assistants”. These rates represent salaries plus fringe benefits. The wages provided above were increased by a rate of 110 percent to account for overhead. (ii) Estimating Capital and Operations and Maintenance (O&M) Costs . The type of industry costs associated with the information collection activities in the subjec t standard are

both labor costs which are addressed elsewhere in this ICR and the costs associated with monitoring. As part of the proposed amendments to the Pesticide Active Ingredient NESHAP, facility owners or operators are required to install electroni c indicators on each PRD to identify and record the time and duration of each pressure release. The cost of each monitoring system is expected to be $188,913, and the total cost for these capital expenditures for all 17 facilities in

the Pesticide Active I ngredient source category is estimated to be $3,211,521. Annualized costs are calculated by multiplying the capital recovery factor by the capital cost. The capital recovery factor is 0.1424 based on an interest rate of 7 percent and an assumed equipment life of 10 years. The total annualized capital cost is $457,249. The annual operation and maintenance costs are the ongoing costs to maintain the monitor and other costs such as photocopying and postage. The previous ICR estimated the

annual O&M costs t o be $1,325 per source. Inflating this number from 2007 dollars to 2011 dollars gives $1,450 per source. The total annual O&M cost for all 17 facilities in the Pesticide Active Ingredient source category is expected to be $24,650. The total annual cost (no n

- salary), including the annualized capital for the monitoring equipment and the annual O&M costs, is estimated to be $481,899.

(c) Estimating Agency Burden and Cost

.14

The only costs to the Agency are those costs associated with analysis of the reporte d 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 $10,986.

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

Technical $55.45 (GS

- 12, Step 1, $34.66 x 1.6) Managerial $74.73 (GS

- 13, Step 5, $46.70 x 1.6) Clerical $30.01 (GS

- 6, Step 3, $18.76 x 1.6)

Agency labor rates are from the Office of Personnel Management (OPM) 2011 General Schedule Salary Table 2011

- GS, which excludes locality rates of pay. Labor rates are inflated 20% to reflect average locality pay increase from base rates. 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), below.

(d) Estimating the Respondent Universe and Tota l Burden and Costs

. There are approximately 17 existing facilities subject to the major source provisions specified under subpart MMM. N o new major sources are projected during the 3

- year period of

this ICR.

While a ll 17 of the existing facilities cou ld make use of the new affirmative defense provisions added to the rule, EPA estimates only two total instances of the use of these provisions over the three year ICR period. Consequently, the average annual number of Pesticide Active Ingredient manufactur ing facility respondents during the 3

- year period of this ICR is 2. The total number of annual responses per year is calculated using the following table:15 Total Annual Responses (A) Information Collection Activity (B) Number of Respondents (C)

Numb er of Responses (D)

Number of Existing Respondents that Keep Records but do not Submit Reports (E)

Total Annual Responses E=(BxC)+D

Notification of process changes 2 1 N/A 2 Quarterly reporting 2 4 N/A 8 Semiannual reporting 15 2 N/A 30 Leak detection and repair report 17 2 N/A 34 Emissions averaging plan 2 1 N/A 2 Affirmative defense 0.7 1 N/A 0.7 Total 76.7 The number of Total Annual Responses is 76.7. The total annual labor costs are $604,028. Details regarding these estimates may be fou nd in Table 1: Annual Industry Burden and Cost

– NESHAP for Pesticide Active Ingredient Production (40 CFR Part 63, subpart MMM), below.

(e) Bottom Line Burden Hours and Cost Tables The detailed bottom line burden cost calculations for the respondents a nd the Agency are shown in Tables 1 and 2 respectively, and summarized below. (i) Respondent tally. The total annual labor costs are $604,028. Details regarding these estimates may be found in Table 1. Annual Respondent burden and Cost: NESHAP for Pest icide Active Ingredient Production (40 CFR 63, Subpart MMM), below. Furthermore, the annual public reporting and recordkeeping burden for this collection of information is estimated to average 59 hours per response. The total annual capital/startup and O &M costs to the regulated entity are $482,000. The cost calculations are detailed in Section 6(b)(ii). (ii) The Agency tally. The average annual Agency burden and cost over the next three years is estimated to be 207 labor hours at a cost of $10,986. See Table 2. Annual Agency Burden and Cost: NESHAP for Pesticide Active Ingredient Production (40 CFR Part 63, subpart MMM), below.16

(iii) Variations in the annual bottom line. This section does not apply since no significant variation is anticipated.

(f) Reasons for Change in Burden. The decrease in burden from the most recently approved ICR is due to adjustment in both the types of information which must be collected and the number of sources submitting the required information. Specifically, burden i tems related to start

- up, shutdown, and malfunction reports are eliminated under the proposed amendments. The previous (active) ICR calculated burden based on 88 existing sources, two new sources, and one existing source that will be reconstructed; whereas this ICR calculates burden based on 17 existing sources. Although there are additional reporting requirements for PRD and affirmative defense (optional), the overall change in burden from the previous ICR is a decrease; primarily due to the large decrease in the

number of affected sources. EPA provides an adjustment to this ICR that estimates the costs of the notification, recordkeeping and reporting requirements associated with the assertion of the affirmative defense. EPA’s estimate for the required notification, reports and records, including the root cause analysis, associated with a single incident totals approximately $2,188 and is based on the time and effort required of a source to review relevant data, interview plant employees, and

document th e events surrounding a malfunction that has caused an exceedance of an emission limit. The estimate also includes time to produce and retain the records and reports for submission to EPA. For the purpose of estimating the annual burden, EPA is attributing a total of 2 instances of affirmative defense over a three year period across all sources in the category. EPA is using this frequency of 2 events in three years because, of the number of excess emission events reported by source operators, only a small n umber would be expected to result from a malfunction, and only a subset of excess emissions caused by malfunctions would result in the source choosing to assert the affirmative defense. Thus, we believe the number of instances in which source operators mig ht be expected to avail themselves of the affirmative defense will be extremely small.

(g) Burden Statement17

The annual public reporting and recordkeeping burden for this collection of information is estimated to average 59 hours per response. Burde n 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 ut ilize 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 instruct ions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose

the information. An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA’s regulations in 40 CFR part 63 are listed in 40 CFR part 9. To comment on the Agency’s need f or this information the accuracy of the provided burden estimates, and any suggestions for minimizing respondent burden, including through the use of automated collection techniques, EPA has established a public docket for this ICR under

Docket ID No. EPA

- HQ

- OAR

- 2011

- 0435 , which is available for online viewing at http://www.regulations.gov , or in person viewing at the Air and Radiation Docket and Information Center in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is (202) 566

- 1744, and the telepho ne number for the Air Docket is (202) 566

- 1742. An electronic version of the public docket is available at http://www.regulations.gov. This site can be used to submit or view public comments, access the

index l isting 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 one of

the Docket ID Numbers identified above. Also, you can send comments t o the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17 th Street, NW,18

Washington, DC 20503, Attention Desk Officer for EPA. Please include the relevant Docket ID Number (EPA

- HQ

- OAR

- 2011

- 0435 ) in any correspondence.

PART B This section is not applicable because statistical methods are not used in data collection

associated with the rule.19202122