**SUPPORTING STATEMENT ENVIRONMENTAL PROTECTION AGENCY**  **NESHAP for Miscellaneous Organic Chemical Manufacturing (40 CFR p**  **art 63, s**  **ubpart FFFF) (Renewal)** 
**1. Identification of the Information Collection 1(a) Title of the Information Collection**  NESHAP for Miscellaneous Organic Chemical Manufacturing (40 CFR p art 63, s ubpart 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 a ffected 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 notifi cations, 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 delegat ed 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, currentl y subject to this rule, and it is estimated that an increase of two additional respondents per ye ar w ill become subject to the standard over the three

- ye ar period of this ICR.2

All of the miscellaneous organic chemical manufacturing facilities in the United States are owned and operated b y the organic chemical industry (the “Affected Public”). None of th e facilities in the United States are owned by s tate, 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 M iscellaneous Organic Chemical Manufacturing (40 CFR Part 63, Subpart FFFF ) (Renewal). The Office of Management and Budget (OMB) approved the currentl y active Information Collection Request (I CR) 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 pollut ants (HAP). T hese 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 o wner 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 reasonabl y require. In the Administrator's judgment, hazardous air pollutant emissions from the miscellaneo us 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 F FFF. **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. Ina ddition, 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 i nitial capability to comply

with the emission standard. Continuous emission monitors are used to ens ure 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 properl y 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 prob lems 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 directl y to the delegated state or local agency
. If a state or local agency h as adopted their own similar standards to implement the Federal standards, a cop y of the report submitted to the state or local agency can be sent to the Administrator in lieu of the report required b y 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 IC R 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 b y industry , in compliance with the recordkeeping and reporting provisions in the standard, is the Online Tracking Information System (OTI S) which is operated and maintained by the EPA Office of Compliance. OT IS is the EPA database for the4

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

- 516 5. It is our polic y t o 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 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 emiss ion limitations are met. If the information required b y these standards was collected less frequentl y, 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 f

ive years. T his is consistent with the General Provisions as applied to the standards. E PA believes that the five

- ye ar records retention requirement is consistent with the Part 70 permit program and the five

- ye ar statute of limitations on which the permi t program is based. The retention of records for five years allows EPA to establish the compliance history of a source, any p attern of non - compliance, and to determine the appropriate level of enforcement action. E PA has found that the most flagrant viol ators have violations extending beyond the five years. Without the five

- ye ar record retention, EPA would be prevented from pursuing the violators due to the destruction or nonexistence of essential records. **3(f) Confidentiality** Any i nformation submitte d to the Agenc y fo r which a claim of confidentiality i s 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 b y 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.5

**4. The Respondents and the Information R equested**  **4(a) Respondents/SIC Codes** The respondents to the recordkeeping and reporting requirements are miscellaneous organic chemical manufacturing. The United States Standard In dustrial Classification (SI C) codes for the respondents affected by the s tandards, which correspond to the North American Industry Classification System (NAI CS) codes, are listed below for source category description. **Standard (40 CFR, part 63, subpart FFFF) NAICS Codes**  Resin, Sy nthetic Rubber, and Artificial S ynthetic 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**
Inthis ICR, all the data recorded or reported is required by the NESHAP for Miscellan eous 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)6 **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 che ck, 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 sy stems to transmit data electronically . However, electronic reporting s ys tems are not widel y7

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 sy stems for the purpose of co llecting, validating, and verifying information. Develop, acquire, install, and utilize technology and sy stems for the purpose of processing and maintaining information. Develop, acquire, install, and utilize technology and sy stems for the purpose of disclosing and providing information. Adjust the existing way s 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 s ys tem). Although personnel at the source still need to evaluate the data, this ty pe 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, analy sis, 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, anal yz e, and maintain data in the OTIS. **5(b) Collection Methodology and Management**8

Following notification of startup, the reviewing authority might inspect the source to determine whether the pollution control devices are properl y i nstalled and operational. P erformance test reports are used b y 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.
In formation contained in the reports is entered into OTI S 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. E PA uses OTIS for tracking air pollution compliance and enforcement by l ocal and state regulatory

agencies, EPA regional offices, and EPA headquarters. EPA edit, store, retrieve and anal yz e the data. The records required b y this regulation must be retained by the owner or operator for five ye ar s. **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 ty pes 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 n eeded to ensure compliance and, therefore, cannot reduce them further for small entities. T o the ex tent 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

f or each information collection activity w ithin 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 Co st 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 I CR. The individual burdens are expressed under standardized heading s 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 I CR 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, b y O ccupational 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 ty pe of industry

costs associated with the information collection activities in the subject standard are labor costs which are addressed elsewhere in this IC R and the costs associated with continuous monitoring. The capital/startup costs are one

- time cos ts 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) Co sts** 

**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) $661,26110

A one

- time capital cost can be estimated over multiple years b y annualizing the cost using an OMB

- approved interest rate. F or 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 sy stem (DAS) (data logger, computer, logging and reporting software, and printer). The c apital 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 sy stems 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 c ost 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 sy stems, and storage tanks in each of the three years covered b y this ICR. As established in the p revious I CR, the monitoring equipment costs were applied to the impacted process vents, wastewater sy stems, and storage tanks to determine an average capital cost per facility for monitoring equipment. In this way , the average capital cost per facility wa s 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 f our - 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 ye ars covered b y 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 s ys tems, and $5,825 for storage tanks. As established in the previous I CR, the O&M costs were applied to the impacted process vents, wastewat er sy stems, and storage tanks to determine an average capital cost per facility O&M. In this way , the average O&M cost per11

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 sh ould be estimated as costs for photocop yi ng 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 a gencies. 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 b y adding the number of reports submitted to EPA by respondents, as shown in Table 3). The total average annualized capital/startup costs for this I CR 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 ye ars of the I CR is estimated to be $6,132,909. **6(c) Estimating Agency Burden and Cost**
Th e only costs to the Agency

are those costs associated with anal ys is 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 sourc es 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 hourl y labor rate as follows: Managerial $57.20 (GS

- 13, Step 5, $35.75 + 60%)12 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 I CR, on average over the next three ye ars, approximately 257 existing respondents will be subject to the standard. It is estimated that an additional two respondents per ye ar will become subject. The number of respondents is calculated using the following table which addresses the three ye ars covered b y this I CR. **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

- ye ar period of this ICR is 257. The total number of annual responses per ye ar 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 0 213 **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

- com pliance 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, respectivel y, 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 collectio n 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 cos t 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 I CR as compared to the previous one. This is due to two considerations: 1) the regulations have not changed over the past three ye ars and are not anticipated to change over the next three ye ar; 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 IC R 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 s ys tems 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 w ith any p reviously

a pplicable instructions and requirements; to train personnel to be able to respond to a collection of i nformation; 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 s uggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this IC R 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 i n the sy stem, 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 In formation Center in the EPA Docket Center (EPA/DC), EPA West, Ro om 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 holiday s. 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, yo u 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 metho ds 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 person**  **** **hours per year**  **(E=CxD) (F)** 

**Managem ent**  **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 c 1 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

– wa stewater 160 1 160 2 320 16 32 $31,168 iii. Initial CMS performance evaluation d 10 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 e 40 1 40 0 0 0 0 $3,896 v. Pre

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pliance report f 40 1 40 1 40 2 4 $0 vi. Performance test notification g 2 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 g 80 1 80 2 160 8 16 $15,584 b. Without performance test h 120 1 120 0 0 0 0 $0 ix. Notification of physical/operational change i 8 1 8 26 208 10.4 20.8 $20.259 x. Semiannual summary report a. No deviations j 8 2 16 231 3,696 184.8 369.6 $359.992 b. Deviations j 24 2 48 26 1,248 62.4 124.8 $121,556 c. SS&M report k 8 2 16 257 4,112 205.6 411.2 $400,51117

**Burden item (A)**  **Person hours per**  **occurrence (B)** 

**No. of occurrences**  **per respondent**  **per year (C)** 

**Person hours per**  **respondent per year**  **(C=AxB) (D)** 

**Respondents per year**  **a (E)** 

**Technical person**  **** **hours per year**  **(E=CxD) (F)** 

**Managem ent**  **person hours per year**  **(Ex0.05) (G)** 

**Clerical person**  **hours per year**  **(Ex0.1) (H)** 

**Total Cost Per year**  **b**

d. LDAR report l 404 2 808 257 207,656 10,382.8 20,765.6 $20,225,798 e. Emission averaging report m 20 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 n 40 1 40 2 80 4 8 $7,792 e. Develop SS &M plan o 100 1 100 2 200 10 20 $19,480 f. Develop QA/QC plan for CMS p 40 1 40 0 0 0 0 $0 g. Time to train personnel q 40 1 40 2 80 4 8 $7,792 h. Time to retrain/refresh personnel r 16 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 t 16 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

**Assu mptions:**  a We have assumed that the average number of respondents that will be subject to this rule will be 255. There will be two addi tional 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 fo r 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, by18

Occupational and Industry group. The rates are from column 1, Total Compensation. The rates have been increased by 110 perc ent 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 l abor rate . No performance evaluations are required for the parameter monitoring systems included in the rule. Assumes no facilities will use the alternative standard, w hich 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

- com pliance report. g We have assumed that 90 percent of facilities will comp ly 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. wi th 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 progr ams 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 as sumed that 10 percent of existing facilities will comply with emissions averaging requirements; ne w facilities are not allowe d to use emissions averaging.
n We have assumed that it will take 40 hours for each respondent to develop a record system for reco rding 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 anoth er 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 s ystems included in the rule. We have assumed that no facility will use the alternative standard, w hich 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 person**  **** **hours per occurrence**  **(B)**

**No. of occurrences**  **per plant per year**  **(C)**

**EPA person**  **** **hours per plant**  **per year (C=AxB)**  **(D)**

**Plants per**  **year a**  **(E)**

**Technical person**  **** **hours per year**  **(E=CxD) (F)** 

**Managem ent**  **person -**  **hours per year**  **(Ex0.05) (G)** 

**Clerical person**  **** **hours 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 c 20 1 20 0 0 0 0 $0 5. Review pre

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pliance report d 4 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 e 40 1 40 2 80 4 8 $3,808 ii. Without performance test f 40 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 h 2 2 4 231 924 46.2 92.4 $43,988 ii. Deviations h 8 2 16 26 416 20.8 41.6 $19,804 iii. SS&M report i 2 2 4 257 1,028 51.4 102.8 $48,939 iv. LDAR report j 8 2 16 257 4,112 205.6 411.2 $195,756 v. Emission averaging report c 8 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

**Assu mptions:** 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 additio nal 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

- com pliance report.
e We have assumed that 90 percent of facilities will comply by conducting a performance test(s). The notification of complianc e 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., w ith 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