SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

NESHAP for Miscellaneous Organic Chemical Manufacturing (40 CFR part 63, subpart 

FFFF) (Renewal)

1. Identification of the Information Collection

1(a) Title of the Information Collection

NESHAP for Miscellaneous Organic Chemical Manufacturing (40 CFR part 63, subpart FFFF) 

(Renewal)

1(b) Short Characterization/Abstract

The National Emission Standards for Hazardous Air Pollutants (NESHAP) for the 

regulations published at 40 CFR part 63, subpart FFFF, were proposed on April 4, 2002, and 

promulgated on November 10, 2003. These regulations apply to new and existing facilities that 

manufacture a miscellaneous organic chemical and are located at, or are part of, major sources of 

hazardous air pollutant (HAP) emissions. New facilities include those that commenced 

construction or reconstruction after the date of proposal. These regulations do not apply to the 

federal or state, local or tribal governments as reported in the previous Information Collection 

Request (ICR). This information is being collected to assure compliance with 40 CFR part 63 

subpart FFFF.

In general, all NESHAP standards require initial notifications, performance tests, and 

periodic reports by the owners/operators of the affected facilities. They are also required to 

maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the 

operation of an affected facility, or any period during which the monitoring system is inoperative. 

These notifications, reports, and records are essential in determining compliance, and are required 

of all affected facilities subject to NESHAP. Semiannual summary reports are also required.

Any owner/operator subject to the provisions of this part shall maintain a file of these 

measurements, and retain the file for at least five years following the date of such measurements, 

maintenance reports, and records. All reports are sent to the delegated state or local authority. In 

the event that there is no such delegated authority, the reports are sent directly to the United States 

Environmental Protection Agency (EPA) regional office.

Based on our consultations with industry representatives, there is an average of one 

affected facility at each plant site and that each plant site has only one respondent (i.e., the 

owner/operator of the plant site).

We have determined that there are an estimated 257 respondents, currently subject to this 

rule, and it is estimated that an increase of two additional respondents per year will become subject 

to the standard over the three-year period of this ICR.
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All of the miscellaneous organic chemical manufacturing facilities in the United States are 

owned and operated by the organic chemical industry (the “Affected Public”). None of the 

facilities in the United States are owned by state, local, tribal or the Federal government. They are 

all privately, owned for-profit businesses. The burden to the “Affected Public” is listed below in 

Table 1: Annual Respondent Burden and Cost - NESHAP for Miscellaneous Organic Chemical 

Manufacturing (40 CFR Part 63, Subpart FFFF) (Renewal). The Federal government burden 

associated with the review of reports submitted by the respondent is shown below in Table 2: 

Average Annual EPA Burden - NESHAP for Miscellaneous Organic Chemical Manufacturing (40 

CFR Part 63, Subpart FFFF) (Renewal).

The Office of Management and Budget (OMB) approved the currently active Information 

Collection Request (ICR) without any “Terms of Clearance.”

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, hazardous air pollutant emissions from the miscellaneous 

organic chemical manufacturing industry cause or contribute to air pollution that may reasonably

be anticipated to endanger public health or welfare. Therefore, the NESHAP standards were 

promulgated for this source category at 40 CFR part 63, subpart FFFF.

2(b) Practical Utility/Users of the Data

The recordkeeping and reporting requirements in the standard ensure compliance with the 

applicable regulations which were promulgated in accordance with the Clean Air Act. In addition, 

the collected information is used for targeting inspections and as evidence in legal proceedings.
3

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 required semiannual reports are used to determine periods of excess emissions, 

identify problems at the facility, verify operation/maintenance procedures, and for compliance 

determinations.

The pre-compliance reports and emissions averaging plans are necessary to ensure that the 

emission limitations, which are based on maximum achievable control technology (MACT) for 

miscellaneous organic chemical manufacturing facilities, will be achieved.

3. Non-duplication, Consultations, and Other Collection Criteria

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

FFFF.

3(a) Non-duplication

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

appropriate EPA regional office. Otherwise, the information is sent directly to the delegated state 

or local agency. If a state or local agency has adopted their own similar standards to implement the 

Federal standards, a copy of the report submitted to the state or local agency can be sent to the 

Administrator in lieu of the report required by the Federal standards. Therefore, no duplication 

exists.

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

An announcement of a public comment period for the renewal of this ICR was published in 

the Federal Register (74 FR 32580) on July 8, 2009. 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 
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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. We contacted the 

National Association of Chemical Distributors (NACD) at (703) 527-6223, and the American 

Chemistry Council at (703) 741-5165.

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. 

Without the five-year record retention, 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.
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4. The Respondents and the Information Requested

4(a) Respondents/SIC Codes

The respondents to the recordkeeping and reporting requirements are miscellaneous 

organic chemical manufacturing. The United States Standard Industrial Classification (SIC) codes 

for the respondents affected by the standards, which correspond to the North American Industry

Classification System (NAICS) codes, are listed below for source category description.

Standard (40 CFR, part 63, subpart FFFF) NAICS Codes

Resin, Synthetic Rubber, and Artificial Synthetic Fibers and Filaments 

Manufacturing 3252

Pharmaceutical and Medicine Manufacturing 3254

Soap, Cleaning Compound, and Toilet Preparation Manufacturing 3256

Paint, Coating, and Adhesive Manufacturing 3255

Basic Chemical Manufacturing (Does not include 325131-Inorganic Dye and 

Pigment Manufacturing or 325181- Alkalis and Chlorine Manufacturing) 3251

Pesticide, Fertilizer, and Other Agricultural Chemical Manufacturing 3253

Other Chemical Product and Preparation Manufacturing 3259

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 the NESHAP for Miscellaneous 

Organic Chemical Manufacturing (40 CFR Part 63, Subpart FFFF).

A source must make the following reports:

Notifications

Initial notification 63.5, 63.9(b), 63.2515(a)-(c) 

Initial performance test , test plan, and emission profile 63.7(b)-(c), 63.9(e), 

63.2515(a), (d)

Notification of CMS performance evaluation 63.8(e)(2), 63.9(g)

Notification of compliance status (including performance test 

results)

63.9(h), 63.10(d)(2), 

63.2515(e)

Notification of process change 63.2515(f)

Emissions averaging plan 63.2500(c)
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Notifications

Pre-compliance report 63.2520(c)

Semiannual compliance report 63.10(e)(3), 63.2520(b), (d)

A source must keep the following records:

Recordkeeping 

Record retention 63.10(b)(1), 62.2530

Documentation supporting initial notification and notification of 

compliance status

63.10(b)(2)(xiv) and 

63.2525(a(1)

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

Record related to startup, shutdown, and malfunction 63.6(e)(3)(iii)-(iv), 

63.2525(a)(2)

Records of performance tests and CMS performance evaluations 63.10(b)(2)(viii), 

63.2525(a)(3)

Records for equipment leaks 63.1038(b-(c), 

63.2525(a)(4)

Daily schedule or log of each operating scenario 63.2525(a)(5)

Records for batch processes complying with process based 

emission limitations 63.2525(a)(6)-(7)

Planned routine maintenance records for storage tank control 

devices 63.2525(a)(8)

Maintenance wastewater plan 63.2525(a)(9)

Records for safety device openings 63.2525(a)(10)

Results of each CMS calibration, validation check, and 

inspection

63.2475(c)(6)-(8), 

(d)(4)-(5), (e(4)-(7), 

(f)(3)-(4), 63.2525(a)(11)

Records for emissions averaging 63.2500(d)

Records for each CMS 63.8(d)(3), 63.8(f)(6)(i), 

63.10(b)(2)(vi)-(xi), 

63.2525(b) 

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 not widely 
7

used. At this time, it is estimated that 20 percent of the respondents use electronic reporting.

(ii) Respondent Activities

Respondent Activities

Read instructions.

Install, calibrate, maintain, and operate PMS for the appropriate control device.

Perform initial performance test and repeat performance tests if necessary.

Write the notifications and reports listed above. 

Enter information required to be recorded above.

Submit the required reports developing, acquiring, installing, and utilizing technology and 

systems for the purpose of collecting, validating, and verifying information.

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

maintaining information.

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

providing information.

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

requirements.

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

Transmit, or otherwise disclose the information.

Currently, sources are using 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 OTIS.

5(b) Collection Methodology and Management
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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 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 

below in Table 1: Annual Respondent Burden - NESHAP for Miscellaneous Organic Chemical 

Manufacturing (40 CFR Part 63, Subpart FFFF) (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.
9

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 416,830 (Total Labor Hours from Table 1). These 

hours are based on Agency studies and background documents from the development of the 

regulation, Agency knowledge and experience with the NESHAP program, the previously

approved ICR, and any comments received.

6(b) Estimating Respondent Costs

(i) Estimating Labor Costs

This ICR uses the following labor rates: 

Managerial $100.99 ($48.09 + 110%) 

Technical $87.97 ($41.89 + 110%) 

Clerical $43.81 ($20.86 + 110%)

These rates are from the United States Department of Labor, Bureau of Labor Statistics, December 

2005, 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 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 for Monitoring Equipment

(A)

Capital Cost / 

Respondent

(B)

Annualized 

Capital Cost/ 

Respondent

(C)

New

Respondent/Yr

(D)

Existing 

Respondents/Yr

(E)

Annualized 

Capital Cost 

=(C+D)xB

Year 1 $17,174 $2,573 2 253 $656,115

Year 2 $17,174 $2,573 2 255 $661,261

Year 3 $17,174 $2,573 2 257 $666,407

Average (Years 1-3) $661,261
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A one-time capital cost can be estimated over multiple years by annualizing the cost using 

an OMB-approved interest rate. For this Supporting Statement, capital costs were annualized over 

15 years, assuming an interest rate of 7 percent. In most cases, administrative charges, insurance, 

and property taxes were also included with the annualized capital costs, at 4 percent of the capital 

cost.

The capital costs associated with monitoring equipment include the monitoring equipment, 

installation, ancillary costs (planning and selection), and a data acquisition system (DAS) (data 

logger, computer, logging and reporting software, and printer). The capital costs for the 

monitoring equipment were estimated based on the following assumptions: (1) the monitoring 

equipment cost per process vent is $12,150, which includes the cost for thermocouple, wire, and 

DAS; (2) the monitoring equipment cost for each facility with wastewater systems is $20,100, 

which includes the cost for steam flow meter, liquid flow meter, thermocouple, wire, and DAS; (3) 

the monitoring equipment cost for each storage tank with separate emission controls is $780, 

which includes the cost for thermocouple and wire to connect to the DAS for process vents; and (4) 

two new facilities will purchase this equipment for process vents, wastewater systems, and storage 

tanks in each of the three years covered by this ICR. As established in the previous ICR, the 

monitoring equipment costs were applied to the impacted process vents, wastewater systems, and 

storage tanks to determine an average capital cost per facility for monitoring equipment. In this 

way, the average capital cost per facility was estimated to be $17,174. The average annualized 

capital cost per facility for monitoring equipment was estimated to be $2,573.

The capital costs associated with file cabinets for storing collected data and reports include 

the purchase of one standard four-drawer file cabinet for each facility (assume $235 per file 

cabinet). An estimated two new facilities will purchase this equipment in each of the three years 

covered by this ICR. The average annualized capital cost per facility for file cabinets is $35.

Capital/Startup for Monitoring Equipment

(A)

Capital Cost / 

Respondent

(B)

Annualized 

Capital Cost/ 

Respondent

(C)

New

Respondent/Yr

(D)

Existing 

Respondents/Yr

(E)

Annualized 

Capital Cost 

=(C+D)xB

Year 1 $235 $35 2 253 $8,925

Year 2 $235 $35 2 255 $8,995

Year 3 $235 $35 2 257 $9,065

Average (Years 1-3) $8,995

Operation and maintenance costs include those costs associated with the general upkeep of 

capital equipment, such as monitoring equipment. Those costs would include maintenance 

materials and supplies. Maintenance materials and supplies were estimated at $500. The O&M 

cost associated with the monitoring equipment is $15,875 for process vents, $20,510 for 

wastewater systems, and $5,825 for storage tanks. As established in the previous ICR, the O&M 

costs were applied to the impacted process vents, wastewater systems, and storage tanks to 

determine an average capital cost per facility O&M. In this way, the average O&M cost per 
11

facility for monitoring equipment was estimated to be $21,209.

Operation and Maintenance Costs

(A)

O&M Cost/Respondent

(B)

New

Respondents / Yr

(C)

Exiting 

Respondents/Yr

(D)

O&M Cost = 

(B+C)xA

Year 1 $21,209 2 255 $5,408,322

Year 2 $21,209 2 257 $5,450,740

Year 3 $21,209 2 259 $5,493,159

Average (Years 1-3) $5,450,740

Operation and maintenance costs also include the costs associated with the paperwork 

requirement incurred continuously over the life of the ICR. For example, the O&M costs for rules 

that require respondents to submit reports to EPA and maintain records should be estimated as 

costs for photocopying and postage. Photocopying costs per response were estimated at 0.5 hour 

of clerical labor at a wage rate of $28.14/hr. First class postage was estimated at $7.63 per 

response for mailing to regulatory agencies. Photocopying and postage costs will be applied to the 

549 reports submitted to EPA by the respondents, for a total of $11, 913. (The number of reports 

was determined by adding the number of reports submitted to EPA by respondents, as shown in 

Table 3). 

The total average annualized capital/startup costs for this ICR are $670,256. This is the 

total of Average Annual cost for column E in the above tables.

The total operation and maintenance (O&M) costs for this ICR are $5,462,653. This is the 

total of column D, above and Column H of Table 3, attached.

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 $6,132,909.

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 

$342,856.

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

Managerial $57.20 (GS-13, Step 5, $35.75 + 60%) 
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Technical $42.45 (GS-12, Step 1, $26.53 + 60%)

Clerical $22.96 (GS-6, Step 3, $14.35 + 60%)

These rates are from the Office of Personnel Management (OPM) 2006 General Schedule, 

which excludes locality rates of pay. The rates have been increased by 60 percent to account for 

the benefit packages available to government employees. Details upon which this estimate is 

based appear below in Table 2: Average Annual EPA Burden - NESHAP for Miscellaneous 

Organic Chemical Manufacturing (40 CFR Part 63, Subpart FFFF) (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

257 existing respondents will be subject to the standard. It is estimated that an additional two 

respondents per year will become subject. 

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 2 253 0 0 255

2 2 255 0 0 257

3 2 257 0 0 259

Average 2 255 0 0 257

1

New respondents include sources with constructed or reconstructed 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 257.

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

Read rule and instructions 2 1 0 2

Required activities

 Initial performance test process vents 2 1 0 2
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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

 Initial performance test wastewater 2 1 0 2

 Initial CMS performance evaluation 0 1 0 0

 Repeat performance test 2 1 0 2

Create information See 3E

Gather existing information See 3E

Write reports

 Notification of construction/reconstruction 2 1 0 2

 Notification of actual startup 2 1 0 2

 Initial notification 2 1 0 2

 Emission Averaging plan 0 1 0 0

 Pre-compliance report 1 1 0 1

 Notification of performance test 2 1 0 2

 Notification of initial CMS performance

 evaluation 

0 1 0 0

 Notification of compliance status

 a. With performance test 2 1 0 2

 b. Without performance test 0 1 0 0

 Notification of physical/operational change 26 1 0 26

 Semiannual summary reports

 a. No deviations 231 2 0 462

 b. Deviations 26 2 0 52

 c. SS&M report 257 2 0 514

 d. Leak detention and repair (LDAR) 

report 257 2 0 514

 e. Emission averaging report 26 2 0 52

Total Number of Annual Responses Total 1,639

The number of Total Annual Responses is 1,639.

The total annual labor costs are $35,303,884. Details regarding these estimates may be 

found below in Table 1: Annual Respondent Burden and Cost - NESHAP for Miscellaneous 

Organic Chemical Manufacturing (40 CFR Part 63, Subpart FFFF) (Renewal).

6(e) Bottom Line Burden Hours Burden Hours and Cost Tables
14

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 hours are 416,830. Details regarding these estimates may be found 

below in Table 1. Annual Respondent Burden and Cost - NESHAP for Miscellaneous Organic 

Chemical Manufacturing (40 CFR Part 63, Subpart FFFF) (Renewal).

Furthermore, the annual public reporting and recordkeeping burden for this collection of 

information is estimated to average 254 hours (rounded) per response.

The total annual capital/startup and Operation and Maintenance (O&M) costs to the 

regulated entity are $6,132,909.

(ii) The Agency Tally

The average annual Agency burden and cost over next three years is estimated to be 8,282 

labor hours at a cost of $342,856. See below Table 2: Annual Agency Burden and Cost –

NESHAP for Miscellaneous Organic Chemical Manufacturing (40 CFR Part 63, Subpart FFFF) 

(Renewal).

6(f) Reasons for Change in Burden

There is no change in the labor hours in this ICR as compared to the previous one. This is 

due to two considerations: 1) the regulations have not changed over the past three years and are 

not anticipated to change over the next three year; 2) the growth rate for the industry is very low, 

negative or nonexistent, so there is no significant change in the overall burden

The burden reported in the “Notice of Office of Management and Budget Action” dated 

12/28/2006 does not reflect the burden reported in the previous ICR. The differences are: 1) 

number of annual responses (1645 vs 1639), 2) annual hours requested (417,830 vs 416,830), and 

3) the annualize cost requested ($6,155,359 vs $6,133,000). This ICR shows the corrected burden. 

6(g) Burden Statement

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

estimated to average 254 hours per response. Burden means the total time, effort, or financial 

resources expended by persons to generate, maintain, retain, disclose or provide information to or 

for a Federal agency. This includes the time needed to review instructions; to 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; 

to adjust the existing ways to comply with any previously applicable instructions and requirements; 

to train personnel to be able to respond to a collection of information; to search data sources; to 

complete and review the collection of information; and to transmit or otherwise disclose the 

information.
15

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

collection of information unless it displays a valid OMB Control Number. The OMB Control 

Numbers for EPA’s regulations are listed at 40 CFR part 9 and 48 CFR chapter 15.

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

burden estimates, and any suggested methods for minimizing respondent burden, including the use 

of automated collection techniques, EPA has established a public docket for this ICR under Docket 

ID Number EPA-HQ-OECA-2009-0401. An electronic version of the public docket is available at 

http://www.regulations.gov/ which may be used to obtain a copy of the draft collection of 

information, submit or view public comments, access the index listing of the 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-2009-0401and OMB 

Control Number 2060-0533 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 Miscellaneous Organic Chemical Manufacturing (40 CFR Part 

63, Subpart FFFF) (Renewal)

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 

personhours per 

year

(E=CxD)

(F)

Management 

person hours 

per year

(Ex0.05)

(G)

Clerical 

person 

hours 

per year

(Ex0.1)

(H)

Total Cost 

Per year b

1. Applications N/A

2. Surveys and studies N/A

3. Reporting requirements

 a. Read rule and instructions c1 1 1 2 2 0.1 0.2 $195

 b. Required activities

 i. Initial performance test – process vents 480 1 480 2 960 48 96 $93,504

 ii. Initial performance test – wastewater 160 1 160 2 320 16 32 $31,168

 iii. Initial CMS performance evaluation d10 1 10 0 0 0 0 $0

 iv. Repeat performance test 20 1 20 2 40 2 4 $3,896

 c. Create information See 3E

 d. Gather existing information See 3E

 e. Write report

 i. Notification of construction/reconstruction 2 1 2 2 4 0.2 0.4 $390

 ii. Notification of actual startup 2 1 2 2 4 0.2 0.4 $390

 iii. Initial notification 2 1 2 2 4 0.2 0.4 $390

 iv. Emissions averaging plan e40 1 40 0 0 0 0 $3,896

 v. Pre-compliance report f40 1 40 1 40 2 4 $0

 vi. Performance test notification g2 1 2 2 4 0.2 0.4 $390

 vii. Notification of initial CMS performance

 evaluation

2 1 2 0 0 0 0 $0

viii. Notification of compliance status

 a. With performance test g80 1 80 2 160 8 16 $15,584

 b. Without performance test h120 1 120 0 0 0 0 $0

 ix. Notification of physical/operational change i8 1 8 26 208 10.4 20.8 $20.259

 x. Semiannual summary report

 a. No deviations j8 2 16 231 3,696 184.8 369.6 $359.992

 b. Deviations j24 2 48 26 1,248 62.4 124.8 $121,556

 c. SS&M report k8 2 16 257 4,112 205.6 411.2 $400,511
17

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 

personhours per 

year

(E=CxD)

(F)

Management 

person hours 

per year

(Ex0.05)

(G)

Clerical 

person 

hours 

per year

(Ex0.1)

(H)

Total Cost 

Per year b

 d. LDAR report l404 2 808 257 207,656 10,382.8 20,765.6 $20,225,798

 e. Emission averaging report m20 2 40 26 1,040 52 104 $101,297

Subtotal for Reporting Requirements 252,422.7

4 Recordkeeping requirements

 a. Read rules and instructions See 3E

 b. Plan activities N/A

 c. Implement activities N/A

 d. Develop record system n40 1 40 2 80 4 8 $7,792

 e. Develop SS&M plan o100 1 100 2 200 10 20 $19,480

 f. Develop QA/QC plan for CMS p40 1 40 0 0 0 0 $0

 g. Time to train personnel q40 1 40 2 80 4 8 $7,792

 h. Time to retrain/refresh personnel r16 1 16 255 4,080 204 408 $397,394

 i. Time to enter information

 i. Records of SS&M 1.5 52 78 257 20,046 1,002.3 2,004.6 $1,952,490

 ii. Records of CMS data s

 a. Record of continuously monitored

 Parameters 

1 365 365 257 93,805 4,690.25 9,380.5 $9,136,654

 b. Compile data 24 2 48 257 12,336 616.8 1,233.6 $1,201,533

c. Enter/verify information for

 semiannual report

16 2 32 257 8,224 411.2 822.4 $801,022

 j. Calibration of CMS t16 1 16 257 4,112 205.6 411.2 $400,511

Subtotal for Recordkeeping Requirements 164,407.45

362,461 18,123.05 362,46.1 $35,303,884

TOTAL LABOR BURDEN AND COST 

(rounded)

416,830.15

416,830

(rounded)

$35,303,884

Assumptions:

a

 We have assumed that the average number of respondents that will be subject to this rule will be 255. There will be two additional new major sources each year over 

the three-year period of this ICR.

b

 This ICR uses the following labor rates: $100.99 per hour for Executive, Administrative, and Managerial labor; $87.97 per hour for Technical labor, and $43.81

per hour for Clerical labor. These rates are from the United States Department of Labor, Bureau of Labor Statistics, December, 2005, Table 2. Civilian Workers, by 
18

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.

c

 This will occur only in the first year after a facility becomes subject to the rule. 

d

 Person-hours per occurrence are based on the performance specification costs to certify CMS ($500) divided by the composite hourly labor rate. No performance 

evaluations are required for the parameter monitoring systems included in the rule. Assumes no facilities will use the alternative standard, which required CEMS and 

performance evaluations.

e

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

f

 Assumed 50 percent of new facilities will submit a pre-compliance report.

g

 We have assumed that 90 percent of facilities will comply by conducting a performance test(s). The notification of compliance status includes the report of the 

performance test(s).

h

 We have assumed that 10 percent of facilities will comply by submitting engineering calculations, design calculations, etc. with no performance tests. The notification 

of compliance status includes those calculations. 

i

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

j

 We have assumed that 90 percent of facilities will have no deviations, only 10 percent will have deviations.

k We assume that all facilities will report actions taken during startup, shutdown, or malfunction that are consistent with the SS&M plan.

l According to EPA guidance, annual recordkeeping and reporting costs for LDAR programs are estimated to be 40 percent of monitoring and repair labor, which 

averages $51,681 per facility, or $20,672 per facility (40*51,681=20,672) person hours per occurrence are based on this cost divided by the composite hourly labor rate. 

m

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

n

 We have assumed that it will take 40 hours for each respondent to develop a record system for recording parameter monitoring information. 

o

 We have assumed that it will take 80 hours for each respondent to draft the startup, shutdown, and malfunction plan and another 20 hours of review/revisions, for a total 

of 100 hours.

p

 We have assumed that it will take 40 hours to develop and review the QA/QC plan for the CMS. No QA/QC plan is required for the parameter monitoring systems 

included in the rule. We have assumed that no facility will use the alternative standard, which requires CEMS and QA/QC plans.

q

 We have assumed that it will take 40 hours to train personnel.

r

 We have assumed it will take 20 days (16 hours) to provide refresher training for personnel.

s

 The record of continuously monitored parameters includes: process vent, storage tank, and wastewater monitoring and inspections.

t

 We have assumed that calibration of CMS will require 8 hours per year for each monitor. We are assuming a total of 2 CMS for each facility, for a total requirement of 

16 hours per year per facility.
19

Table 2: Average Annual EPA Burden - NESHAP for Miscellaneous Organic Chemical Manufacturing (40 CFR Part 63, 

Subpart FFFF) (Renewal)

Activity

(A)

EPA 

personhours per 

occurrence

(B)

No. of 

occurrences 

per plant 

per year

(C)

EPA 

personhours 

per plant 

per year

(C=AxB)

(D)

Plants 

per 

year 

a

(E)

Technical 

personhours per 

year

(E=CxD)

(F)

Management 

person-hours 

per year

(Ex0.05)

(G)

Clerical 

personhours per 

year

(Ex0.1)

(H)

Cost, $ b

1. Review notification of construction/

 reconstruction 2 1 2 2 4 0.2 0.4 $190

2. Review notification of actual startup 1 1 1 2 2 0.1 0.2 $95

3. Review initial notification 2 1 2 2 4 0.2 0.4 $190

4. Review emissions averaging plan c20 1 20 0 0 0 0 $0

5. Review pre-compliance report d4 1 4 1 4 0.2 0.4 $190

6. Review notification of initial performance

 test

2 1 2 2 4 0.2 0.4 $190

7. Review notification of initial CMS

 demonstration

2 1 2 0 0 0 0 $0

8. Review notification of compliance status

 report

 i. With performance test e40 1 40 2 80 4 8 $3,808

 ii. Without performance test f40 1 40 0 0 0 0 $0

9. Review notification physical/operational

 change g

8 1 8 26 208 10.4 20.8 $9,902

10. Review semiannual summary report

 i. No deviations h2 2 4 231 924 46.2 92.4 $43,988

 ii. Deviations h8 2 16 26 416 20.8 41.6 $19,804

 iii. SS&M report i2 2 4 257 1,028 51.4 102.8 $48,939

 iv. LDAR report j8 2 16 257 4,112 205.6 411.2 $195,756

 v. Emission averaging report c8 2 16 26 416 20.8 41.6 $19,804

Subtotals Labor Burden and cost 7,202 360.1 720.2 $342,856

TOTAL ANNUAL BURDEN AND COST 

(rounded)

8,282.3

8,282

(rounded)

$342,856

Assumptions:
20

a

 We have assumed that the average number of respondents that will be subject to this rule will be 255. There will be two additional new major sources each year over 

the three-year period of this ICR.

b

 This cost is based on the following labor rates which incorporates a 1.6 benefits multiplication factor to account for government overhead expenses: $57.20 Managerial 

rate (GS-13, Step 5, $35.75 x 1.6), $42.45 Technical rate (GS-12, Step 1, $26.53 x 1.6), and $22.96 Clerical rate (GS-6, Step 3, $14.35 x 1.6). These rates are from the 

Office of Personnel Management (OPM) “2006 General Schedule” which excludes locality rates of pay.

c

 We have assumed that 10 percent of existing facilities will comply with emissions averaging requirements.

d

 We have assumed that 50 percent of new facilities will submit a pre-compliance report.

e

 We have assumed that 90 percent of facilities will comply by conducting a performance test(s). The notification of compliance status includes the report of the 

performance test(s).

f

 We have assumed that 10 percent of facilities will comply by submitting engineering calculations, design calculation, etc., with no performance tests. The notification 

of compliance status includes those calculations.

g

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

h

 We have assumed that 90 percent of facilities will have no deviations, 10 percent will have deviations.

i

 We have assumed that all facilities will report actions taken during startup, shutdown, or malfunction that are consistent with the SS&M plan.

j

 We have assumed that all facilities will report the specified information for processes subject to the equipment leak standards.
21

Table 3 – O&M Costs for Photocopying and Postage

Cost Item

Photocopy

Cost/report

Postage 

Cost/report

Reports

respondents

Respondents

year

Reports

year

Photocopy

cost

Postage

cost

Notification of construction/reconstruction $14.07 $7.63 1 2 2 $28 $15 

Notification of initial CMS performance 

evaluation $14.07 $7.63 1 0 0 $0 $0 

Notification of applicability of standard $14.07 $7.63 1 2 2 $28 $15 

Emissions averaging plan $14.07 $7.63 1 0 0 $0 $0 

Pre-compliance report $14.07 $7.63 1 1 1 $14 $8 

Notification of initial performance test $14.07 $7.63 1 2 2 $28 $15 

Notification of compliance status $14.07 $7.63 1 2 2 $28 $15 

Notification of process change $14.07 $7.63 1 26 26 $366 $198 

Semi-annual compliance report $14.07 $7.63 2 257 514 $7,232 $3,922 

Total per year 549 $7,724 $4,189 

Total Photocopy and Postage per Year $11,913