### 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 Collection.

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 180 7.07. 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 CF R 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

(HAP).

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 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.

### 2

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 final rulemaking that amend

titl e 40, chapter I, part 63 of the Code of Federal Regulations (CFR) Subpart MMM NESHAP

for Pesticide Active Ingredient Production. The final amendments prohibit the discharge to the

atmosphere from any pressure relief device (PRD) on any equipment in HAP ser vice within the

process units for the PAI source category. To ensure compliance with this requirement, facility

owners or operators are required to monitor each PRD in a way that would be able to identify

and record the time and duration of each pressure r elease and notify operators that a pressure

release is occurring. Information related to these new provisions is required to be submitted in

the semi

- annual reports required by the existing Pesticide Active Ingredient NESHAP. The final

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 standards that are

caused by a malfunction. If these provisions are used, the owner or operator is r equired to meet

certain criteria during the malfunction, notify the Administrator of malfunctions that may cause

### 3

an exceedance of the emissions standards, and submit a report for the malfunction to the

Administrator, to include a root cause analysis of the malfunction, within certain timeframes.

There are 18 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 18 pesticide active ingredient pro duction 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 Respondent Burden and Cost

- NESHAP for Pesticide

Active Ingredient Prod uction (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

- NES HAP 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 subcategory of major sources and area sources of

hazardous air pollutants (HAP). These standards are applicab le 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 maint ain 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, du ring 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 certificati ons in

### 4 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 Pesticide Active Ingredient

production 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 standar d ensure compliance with the

applicable regulations 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 affecte d 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 a chieved 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 reg ulations. 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 collection specified in this ICR will also be used by the delegated

authority to determine if a source meets the criteria for affirmative defense. If a source meets the

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

emission limit.

3. Nonduplication, Consultations, and Other Collection Criteria

### 5

(a) Nonduplication.

If the subject standards have not been delegated, the information is sent directly to the

appropriate EPA regional off ice. 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.

(b) Public Notice Required Prior to ICR Submission to OMB.

This ICR is related to amendments to the Pesticide Active Ingredient NESHAP.

Comments were solicited on the proposal package and the proposed ICR. No comments were

received.

(c) Consultations.

Upon review of the standard, information available and the data, the Agency has

determined the recordkeeping and reporting require ments 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 th e Pesticide Active Ingredient NESHAP.

(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

re cordkeeping 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 co ntrol equipment and the

possibility of detecting violations would be less likely.

### 6

(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. The EPA believes that the

five

- year records retention requir ement 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 the EPA to establish the compliance history of a source, any pattern of non

co mpliance and to determine the appropriate level of enforcement action. The EPA has found

that the most flagrant violators have violations extending beyond the five years. In addition, the

EPA would be prevented from pursuing the violators due to the destru ction 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, 1978; 43 FR 42251, September 28, 1978; 44 FR

17674, March 23, 1979).

(g) Sensitive Questions.

This section is not applicabl e because this ICR does not involve matters of a sensitive

nature.

4. The Respondents and the Information Requested

(a) Respondents/NAICS Codes

.
Potential respondents under Subpart 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 new affirmative defense provisions to

avoid civil penalties resulting from the exceedance of an emission limit. The source c ategory and

affected sources regulated by the Pesticide Active Ingredient NESHAP are classified under the

### 7

North American Industrial Classification System (NAICS) code 325320, for Pesticide and Other

Agricultural Chemical Manufacturing.

The Pesticide Activ e Ingredient source category is estimated to consist of 18 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 18 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 period 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 noncompliance 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)

A source must keep the following records:

### 8 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 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.

(ii) Respondent Activities.

Respondent Activities

Read instructions

### 9

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

Dev elop, 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 infor mation.

(iii) Summary of the final amendments. The final amendments to the Pesticide Active

Ingredient NESHAP require that facilities report any pressure device releases with the next

periodic report required by the existing Pesticide Active Ingredient NESHAP. Facility owners or

operators are required to monitor each PRD in organic HAP service that releases to the

atmosphere to identify and record the time and duration of each 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 owner or operator may submit this report

(which is to include a root cause analysis of the reported violation) in the first periodic

compliance repor t, deviation report or excess emissions report otherwise required after the initial

occurrence of the exceedance of the relevant standard. However, if such report is due less than

45 days after the exceedance, the affirmative defense report may be included in the next such

required report.

The 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. The EPA is providing

this as an illustrative example of the po tential additional administrative burden a source may

incur to assert in an Affirmative Defense in response to an action to enforce the standards set

forth in the applicable subpart.

This illustrative estimate is not considered a duplicate estimate of cos t under the General

Duty to Minimize Emissions clause under 63.6(e)(1)(i), which states: “At all times, the owner

### 10

and operator must operate and maintain any affected source, including associated air pollution

control equipment and monitoring equipment, in a manner consistent with safety and good air

pollution control practices for minimizing emissions. Determining whether such operation and

maintenance procedures are being used will be based on information available to the

Administrator which may include, but is not limited to, monitoring results, review of operation

and maintenance procedures, review of operation and maintenance records, and inspection of the

source.”

To provide the public with an estimate of the relative magnitude of the burden associat ed

with an assertion of the affirmative defense position adopted by a source, the 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. The EPA’s

estimate for the required notification, reports and records, including the root cause analysis,

associated with a single incident totals approximately $2,375 and is based on the time and effort

required of a source to rev iew 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 the EPA. The EPA

provides this illustrative estimate of this burden because these costs are only incurred if there has

been a violation and a source chooses to take advantage of the affirmative defense.

Of the number of excess emission events reported by source opera tors, only a small

number 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 s ource operators might be expected to avail

themselves 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

– Age ncy Activities, Collection Methodology, and

Information Management

### 11

(a) Agency Activities.

The EPA conducts one or more of the activities provided in Table 2 (attached) in

connection with the acquisition, analysis, storage, and distribution of the require d information.

These tables are introduced in Section 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 used 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 determine 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.

The EPA is the permitting authority until the state agency is delegated 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 the EPA’s Office of Compliance. The AFS is the EPA’s database for the

collection, maintenance, and retrieval of compliance data for approximately 125,000 industrial

and government

- owned facilities. The EPA uses the AFS for tracking air pollut ion compliance

and enforcement by local and state regulatory agencies, EPA regional offices and EPA

headquarters. The EPA and its delegated authorities can edit, store, retrieve and analyze the data.

(c) Small Entity Flexibility.

A majority of the affec ted 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 amendments. Due to the type of monitoring equipmen t

to be used, 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.

(d) Collection Schedule

.

### 12

The specific frequency for each information collection activity within this request is

shown in Table 1: Annual Respondent 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 12,088 (Total Labor Hours from Table 1). Thes e

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. No burden estimates are provided for new s ources

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 ye ar for the new PRD requirements are listed in Table 1 and are based upon

experience with similar information collection requirements in the Polyvinyl Chloride and

Copolymers Production NESHAP (Subpart HHHHHHH).

The EPA’s estimate for an affirmative defense and root cause analysis is based on the

time and effort required of a source to review relevant data, interview plant employees, and

reconstruct the events prior to a malfunction in order to determine primary and contributing

causes. The level of effort a lso includes time to produce and retain the report in document form

so that the source will have it available should the EPA or state enforcement agencies ever

request to review it. The estimates of total technical

- hours per year per source for asserting a n

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

.
The ICR uses the following labor rates:

Technical $54.66 ($26.03 + 110%)

Managerial $115.96 ($55.22 + 110%)

### 13 Clerical $38.14 ($18.16 + 110%)

Labor rates and associated costs are based on data from the United States Department of

Labor, Bureau of Labor Statistics (BLS) from May 2012. Wage s 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 assist ants”. 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 associate d 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

monitoring. As part of the final amendments to the Pesticide Active Ingredient NESHAP, facilit y

owners or operators are required to monitor each PRD to identify and record the time and

duration of each pressure release. For purposes of estimating the costs of this requirement, we

assumed that operators would install electronic indicators on each PR D in organic HAP service

that vents to the atmosphere to identify and record the time and duration of each pressure release.

The cost of each such monitoring system is expected to be $81,913, and the total cost for these

capital expenditures for all 18 fac ilities in the Pesticide Active Ingredient source category is

estimated to be $1,474,434.

Annualized costs are calculated by multiplying the capital recovery factor by the capital

cost. The capital recovery factor is 0.142 based on an interest rate of 7 percent and an assumed

equipment life of 10 years. The total annualized capital cost is $209 ,376.

The annual operation and maintenance costs are the ongoing costs to maintain the

monitor and other costs such as photocopying and postage. The annual O&M costs are estimated

to be $1,325 per source. Inflating this number from 2007 dollars to 2012 do llars gives $1,474 per

source. The total annual O&M cost for all 18 facilities in the Pesticide Active Ingredient source

category is expected to be $26,532.

The total annual cost (non

- salary), including the annualized capital for the monitoring

equipment a nd the annual O&M costs, is estimated to be $235,908.

(c) Estimating Agency Burden and Cost

.

### 14

The only costs to the Agency are those costs associated with analysis of the reported

information. The EPA compliance and enforcement program includes activit ies 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 $11,940.

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) 2013 General

Schedule Salary Table 2013

- 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 Total Burden and Costs

.
There are approximately 18 existing facilities subj ect 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 18 of the existing facilities could make use of the new affirmative defense

provisions added to the rule, the 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 manufacturing 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:

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 process changes 2 1 N/A 2

Quarterly reporting 2 4 N/A 8

Semiannual reporting 18 2 N/A 36

### 15

Leak detection and repair report 18 2 N/A 36

Emissions averaging plan 2 1 N/A 2

Affirmative defense 0.7 1 N/A 0.7

Total 84.7



### The number of Total Annual Responses is 84.7.

The total annual labor costs are $676,082. 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), below.

(e) Bottom Line Burden Hours and Cost Tables

The detailed bottom line burden 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 $676,082. 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), below. Furthermore, the annual

public reporting and recordkeeping burden for this collection of informati on is estimated to

average 143 hours per response.

The total annual capital/startup and O&M costs to the regulated entity are $235,908. 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 221 labor hours at a cost of $11,940. See Table 2. Average Annual EPA

Burden and Cost: NESHAP for Pesticide Active Ingredient Production (40 CFR part 63, subpart

MMM), below.

(iii) Variations in the annu al bottom line. This section does not apply since no significant

variation is anticipated.

(f) Reasons for Change in Burden.

The increase in burden from the most recently approved ICR is due to adjustment in both

the types of information which must be col lected and the number of sources submitting the

required information. Specifically, burden items related to start

- up, shutdown, and malfunction

reports are eliminated under the amendments, but there are additional reporting requirements for

### 16

PRD and affirma tive defense (optional), and this ICR includes costs related to recordkeeping of

continuous monitoring data. The previous (active) ICR also calculated burden based on 15

existing sources, whereas this ICR calculates burden based on 18 existing sources.

Th e 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. The EPA’s estimate for the required notification, reports and records, including the root

cause analysis, associated with a single incident totals approximately $2,375 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 the EPA. For the purpose of estimating the annual burden, the EPA is attributing a

total of 2 instances of affirmative defense over a three year period across all sources in the

category. The 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 number 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 might be expected to avail themselves of the affirmative

defense will be extremely small.

(g) Burden Statement

The annual public reporting and recordkeeping burden for this collection of information

is estimated to average 143 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 sy stems 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.

### 17

An agency may not conduct or sponsor, and a person is not req uired to respond to a

collection of information unless it displays a currently valid OMB control number. The OMB

control numbers for the EPA’s regulations in 40 CFR part 63 are listed in 40 CFR part 9.

To comment on the Agency’s need for this information the accuracy of the provided

burden estimates, and any suggestions for minimizing respondent burden, including through the

use of automated collection techniques, the 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

Constit ution Ave., NW, Washington, DC. The EPA Docket Center Public Reading Room is open

from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone

number for the Reading Room is (202) 566

- 1744, and the telephone number for the Ai r 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 listing of the contents of the public docket, and to access those documents in the public

docket that are available electronically. When in the system, select “search,” then key in one of

the Docket ID Numbers identified above. Also, you can send comments to the Office of

Informa tion and Regulatory Affairs, Office of Management and Budget, 725 17 th 

### Street, NW,

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.

### 18 Table 1

- Annual Respondent Burden and Cost

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

Burden Item (A) (B) (C) (D) (E) (F) (G) (H)

Person

- Annual

occurrences

per respondent Person

- hours Respondents Technical Management Clerical Cost, $

hours per per respondent per year person

- hours person

- hours person

- hours (a)

occurrence per year per year per year per year

(C=AxB) (E=CxD) (Ex0.05) (Ex0.1)

1. Applications N/A

2. Survey and Studies N/A

3. Reporting Requirements

a. Read Instructions N/A

b. Required Activities N/A

Performance evaluation test (certification of CMS) N/A

c. Create Information N/A

d. Gather Existing Information N/A

e. Write Report

Notification of Construction/Reconstruction N/A

Notification of process changes (b) 8 1 8 2 16 0.8 1.6 $1,028

Notification of anticipated startup N/A

Notification of actual startup N/A

Notification of applicability of the standard N/A

- Existing source N/A

- New Source N/A

Pre

- compliance plan N/A

Notification of initial performance test N/A

Notification of initial CMS performance evaluation N/A

- With performance test N/A

- Without performance test N/A

f. Write Periodic Report

- Quarterly reporting (c) 24 4 96 2 192 10 19 $12,341

- Semiannual reporting (d) 8 2 16 18 288 14 29 $18,511

- PRD reporting (with semiannual) 5.5 2 11 18 198 10 20 $12,726

- LDAR reporting 94 2 188 18 3,384 169 338 $217,506

- Emissions averaging plan (e) 40 1 40 2 80 4 8 $5,142

g. Affirmative Defense (f) 30 0.67 12 8 0 $1,584

4. Recordkeeping Requirements

- Records of startup, shutdown and malfunction N/A

- Record continuously monitored parameters (g) 1 320 320 18 5,760 288 576 $370,222

### 19 Burden Item (A) (B) (C) (D) (E) (F) (G) (H)

Person

- Annual

occurrences

per respondent Person

- hours Respondents Technical Management Clerical Cost, $

hours per per respondent per year person

- hours person

- hours person

- hours (a)

occurrence per year per year per year per year

(C=AxB) (E=CxD) (Ex0.05) (Ex0.1)

- Enter/verify information for semiannual report (h) 16 2 32 18 576 29 58 $37,022

h. Calibration of CMS N/A

i. Time to train personnel N/A

j. Time for audits N/A

Subtotal Labor Burden and Cost 10,506 533 1,049 $676,082 TOTAL LABOR BURDEN AND COST 12,088

(a) Costs are based on the following hourly rates: technical at $54.66, management at $115.96, and clerical at $38.14.

(b) Assume 10% of facilities will implement process changes.

(c) Assume 10% facilities will have exceedances and periods of noncompliance.

(d) Assume 90% of facilities will have no exceedances.

(e) Assume 90% of facilities will comply with emissions averaging requirements.

(f) Assume 2 affirmative defense reports for entire industry during the 3

- yr ICR period. Formulas are not followed for pers on

- hours per year.

(g) Assume it will take one hour to record continuously monitored parameters.

### 20 Table 2. Average Annual EPA Burden

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

Burden Item (A) (B) (C) (D) (E) (F) (G) (H)

EPA Person
hours per

occurrence No. of

occurrences per plant per

year EPA Person

hours per
plant per

year (C=AxB) Plants per

year Technical

hours per

year (E=CxD) Management

hours per
year (Ex0.05) Clerical

hours per

year Total cost per

year

(Ex0.1)

@ $55.45 @ $74.73 @ $30.01

Initial performance test

Repeat performance test N/A

Report review N/A

Notification of applicability N/A

Notification of construction/reconstruction N/A

Notification of anticipated startup N/A

Notification of actual startup N/A

Notification of process changes 8 1 8 2 16 0.8 1.6 $995

Notification of pre

- compliance report N/A

Notification of performance test N/A

Notification of CMS performance evaluation N/A

Review of notification of compliance status N/A

- With performance test N/A

- Without performance test N/A

Review of emissions averaging plan 20 1 20 2 40 2 4 $2,487

Review of semiannual reports 2 2 4 18 72 4 7 $4,477

Review of quarterly reports 8 4 32 2 64 3.2 6.4 $3,980

Review of NESHAP waiver application N/A

Subtotal Labor Burden and Cost 192 10 19 $11,940 TOTAL LABOR BURDEN AND COST 221

Table 3. Cost Estimate for Affirmative Defense/Root Cause Analysis



### RCFA Personnel Number of Personnel Time Requirement (hours) Total Hours Hourly Rate ($/hr) Total

Technical Personnel 3 6 18 54.66 983.93

Managerial Personnel 2 6 12 115.96 1,391.54

Total 5 30 2,375.48

May 2012 National Occupational Employment and Wage Estimates United States

- Production Occupations. http://www.bls.gov/oes/current/oes_nat.htm#51

- 0000.