SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

NESHAP for Pesticide Active Ingredient Production (40 CFR Part 63, Subpart MMM) 

(Renewal)

1. Identification of the Information Collection

1(a) Title of the Information Collection

NESHAP for Pesticide Active Ingredient Production (40 CFR Part 63, Subpart MMM) (Renewal), 

EPA ICR Number 1807.05, OMB Control Number 2060-0370

1(b) Short Characterization/Abstract

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

Active Ingredient Production were proposed on November 10, 1997, (62 FR 60579), promulgated 

on June 23, 1999, (64 FR 33550), and amended on August 20, 2002. This standard applies to all 

owners and operators of new and existing facilities engaged in the production of pesticide active 

ingredients that emit hazardous air pollutants (HAPs).

Owners or operators of a pesticide active ingredient (PAI) production facility to which this 

regulation applies, must choose one of the compliance options described in the rule or install and 

monitor a specific control system that reduces HAP emissions to the compliance level. The 

respondents are subject to sections of subpart A of 40 CFR part 63 relating to NESHAP. These 

requirements include: those associated with the applicability determination; the notification that 

the facility is subject to the rule; the notification of testing (control device performance test and 

continuous monitoring system (CMS) performance evaluation); the results of performance testing 

and CMS performance evaluations; startup, shutdown, and malfunction reports; semiannual or 

quarterly summary reports and/or excess emissions; and CMS performance reports. In addition to 

the requirements of subpart A, many respondents are required to submit a pre-compliance plan and 

leak detention and repair (LDAR) reports; and plants that wish to implement emissions averaging 

provisions must submit an emission-averaging plan.

Respondents electing to comply with the emission limit or emission reduction requirement 

for process vents, storage tanks, or wastewater must record the values of equipment operating 

parameters as specified in section 63.1367 of the rule. Owners or operators are required to install, 

operate, and maintain a continuous monitoring system.

Any owner or operator subject to the provisions of this part will maintain a file of these 

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

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

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

Environmental Protection Agency regional office.

If the owner or operator identifies any deviation resulting from a known cause for which no 
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federally approved or promulgated exemption from an emission limitation or standard applies, the 

compliance report will also include all records that the source is required to maintain that pertain to 

the periods during which such deviation occurred, as well as the following: the magnitude of each 

deviation; the reason for each deviation; a description of the corrective action taken for each 

deviation, including action taken to minimize each deviation and action taken to prevent 

recurrence; and a copy of all quality assurance activities performed on any element of the 

monitoring protocol.

Owners or operators of pesticide active ingredient (PAI) production facilities subject to the 

rule must maintain a copy of all monitored equipment operating parameter values that demonstrate 

compliance with the standards. Those records must be maintained for a minimum of five years. 

All reports are sent to the delegated state or local authority. In the event that there is no such 

delegated authority, the reports are sent directly to the United States Environmental Protection 

Agency (EPA) regional office. The information is used to determine whether or not all sources 

subject to the NESHAP are achieving the standards.

Approximately 15 sources are currently subject to the regulation, and it is estimated that no 

additional respondents per year will become subject to the regulation in the next three years.

There are approximately 15 pesticide active ingredient production facilities in the United 

States, which are owned and operated by the pesticide active ingredient production industry. None 

of the 15 facilities in the United States are owned by state, local, tribal or the Federal government. 

They are owned and operated by privately owned for-profit businesses. You can find the burden to 

the “Affected Public” listed below in Table 1: Annual Industry Burden and Cost - NESHAP for 

Pesticide Active Ingredient Production (40 CFR Part 63, Subpart MMM). The Federal 

government burden does not include work performed by Federal employees. The burden refers 

only to work performed by contractors, which could be found listed below in Table 2: Average 

Annual EPA Burden - NESHAP for Pesticide Active Ingredient Production (40 CFR Part 63, 

Subpart MMM).

In the development of the ICR, we addressed the Office of Management and Budget (OMB) 

“Terms of Clearance (TOC)” on the active ICR. The TOC are as follows:

When this ICR is renewed, EPA should review the respondent 

burden universe, labor rates, and capital costs and ensure these 

estimates have been updated.

EPA has addressed each item of concern in the TOC. The respondent burden, universe, 

labor rates, and capital cost, have been thoroughly checked and all estimates updated.

2. Need for and Use of the Collection

2(a) Need/Authority for the Collection

The EPA is charged under section 112 of the Clean Air Act, as amended, to establish 

standards of performance for each category or subcategory of major sources and area sources of 
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hazardous air pollutants (HAP). These standards are applicable to new or existing sources of HAP 

and shall require the maximum degree of emission reduction. In addition, section 114(a) states 

that the Administrator may require any owner or operator subject to any requirement of this Act to:

(A) Establish and maintain such records; (B) make such reports; (C) 

install, use, and maintain such monitoring equipment, and use such 

audit procedures, or methods; (D) sample such emissions (in 

accordance with such procedures or methods, at such locations, at

such intervals, during such periods, and in such manner as the 

Administrator shall prescribe); (E) keep records on control 

equipment parameters, production variables or other indirect data 

when direct monitoring of emissions is impractical; (F) submit 

compliance certifications in accordance with Section 114(a)(3); and 

(G) provide such other information as the Administrator may

reasonably require.

In the Administrator's judgment, HAP emissions from PAI cause or contribute to air 

pollution that may reasonably be anticipated to endanger public health or welfare. Therefore, the 

NESHAP was promulgated for this source category at 40 CFR part 63, subpart MMM.

2(b) Practical Utility/Users of the Data

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

applicable regulations which where promulgated in accordance with the Clean Air Act. The 

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

Performance tests are required in order to determine an affected facility’s initial capability 

to comply with the emission standard. Continuous emission monitors are used to ensure 

compliance with the standard at all times. During the performance tests, a record of the operating 

parameters under which compliance was achieved may be recorded and used to determine 

compliance in place of a continuous emission monitor.

The notifications required in the standard are used to inform the Agency or delegated 

authority when a source becomes subject to the requirements of the regulations. The reviewing 

authority may then inspect the source to ensure that the pollution control devices are properly 

installed and operated, that leaks are being detected and repaired, and that the standards are being 

met. The performance test may also be observed.

The information generated by the monitoring, recordkeeping, and reporting requirements 

described in this ICR is used by the agency to ensure that facilities affected by the NESHAP 

continue to operate the control equipment in compliance with the regulation.

3. Nonduplication, Consultations, and Other Collection Criteria

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

MMM.
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3(a) Nonduplication

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

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

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

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

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

exists.

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

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

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

published in the Federal Register.

3(c) Consultations

The Agency’s industry experts have been consulted, and the Agency’s internal data 

sources and projections of industry growth over the next three years have been considered. The 

primary source of information as reported by industry, in compliance with the recordkeeping and 

reporting provisions in the standard, is the Online Tracking Information System (OTIS) which is 

operated and maintained by the EPA Office of Compliance. OTIS is the EPA database for the 

collection, maintenance, and retrieval of all compliance data. The growth rate for the industry is 

based on our consultations with the Agency’s internal industry experts. 

Industry trade associations and other interested parties were provided an opportunity to 

comment on the burden associated with the standard as it was being developed. In developing this 

ICR, we contacted the American Chemistry Council (ACC) at (202) 249-7000, and the Society of 

Chemical Manufacturers and Affiliates (SOCMA) at (202) 721-4100.

It is our policy to respond after a thorough review of comments received since the last ICR 

renewal as well as those submitted in response to the First Federal Register Notice.

3(d) Effects of Less Frequent Collection

Less frequent information collection would decrease the margin of assurance that facilities 

are continuing to meet the standards. Requirements for information gathering and recordkeeping 

are useful techniques to ensure that good operation and maintenance practices are applied and 

emission limitations are met. If the information required by these standards was collected less 

frequently, the proper operation and maintenance of control equipment and the possibility of 

detecting violations would be less likely.

3(e) General Guidelines

None of these reporting or recordkeeping requirements violate any of the regulations 

established by OMB at 5 CFR part 1320, section 1320.5.
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These standards require the respondents to maintain all records, including reports and 

notifications for at least five years. This is consistent with the General Provisions as applied to the 

standards. EPA believes that the five-year records retention requirement is consistent with the Part 

70 permit program and the five-year statute of limitations on which the permit program is based. 

The retention of records for five years allows EPA to establish the compliance history of a source, 

any pattern of non-compliance and to determine the appropriate level of enforcement action. EPA 

has found that the most flagrant violators have violations extending beyond the five years. In 

addition, EPA would be prevented from pursuing the violators due to the destruction or 

nonexistence of essential records.

3(f) Confidentiality

Any information submitted to the Agency for which a claim of confidentiality is made will 

be safeguarded according to the Agency policies set forth in title 40, chapter 1, part 2, subpart B -

Confidentiality of Business Information (see 40 CFR 2; 41 FR 36902, September 1, 1976; 

amended by 43 FR 40000, September 8, 1978; 43 FR 42251, September 20, 1978; 44 FR 17674, 

March 23, 1979).

3(g) Sensitive Questions

None of the reporting or recordkeeping requirements contain sensitive questions.

4. The Respondents and the Information Requested

4(a) Respondents/SIC Codes

The respondents to the recordkeeping and reporting requirements are pesticide active 

ingredient production facilities. The United States Standard Industrial Classification (SIC) codes 

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

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

Standard (40 CFR Part 63, Subpart MMM) SIC Codes NAICS Codes

Petrochemical Manufacturing 2869 325110

All Other Basic Inorganic Chemical Manufacturing 2869 325188

Cyclic Crude and Intermediate Manufacturing 2869 325192

Ethyl Alcohol Manufacturing 2869 325193

All Other Basic Organic Chemical Manufacturing 2869 325199

Industrial Gas Manufacturing 2869 325120

All Other Miscellaneous Chemical Production and Preparation 

Manufacturing

2869 325998

Pesticide and Other Agricultural Chemical Manufacturing 2879 325320

4(b) Information Requested
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None of these reporting or recordkeeping requirements violate any of the regulations 

established by OMB at 5 CFR part 1320, section 1320.5.

(i) Data Items

In this ICR, all the data recorded or reported is required by National Emission Standards 

for Hazardous Air Pollutants for Pesticide Active Ingredient Production (40 CFR Part 63, Subpart 

MMM).

A source must make the following reports:

Notification Reports

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

Initial notification 63.9, 63.1368(b)

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

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

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

Pre-compliance report 63.1368(e)

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

63.1368(e)(1)

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

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

Notification of process change 63.1368(h)

Notification Reports Standard Citation by Section

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

Reports

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

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

Emissions averaging reports 63.1368(k)

Heat exchange system reports 63.1368(l)

A source must keep the following records:

Recordkeeping

Control device operating parameters to monitor and record 63.1366(b)(1), 63.1367(b)(1), 

63.1367(b)(5)

Monitoring and records for process vent annual emission 

limits standard

63.10(c), 63.1366(b)(5), 

63.1367(a)(4), 63.1367(b)(3)

Monitoring and records for process vent annual emission 

limits standard

63.1366(c), 63.1367(b)(4)
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Recordkeeping

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

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

63.1367(e)

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

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

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

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

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

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

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

Electronic Reporting

Some of the respondents are using monitoring equipment that automatically records 

parameter data. Although personnel at the affected facility must still evaluate the data, internal 

automation has significantly reduced the burden associated with monitoring and recordkeeping at 

a plant site.

Also, regulatory agencies in cooperation with the respondents continue to create reporting 

systems to transmit data electronically. However, electronic reporting systems are still not widely 

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

reporting.

Respondent Activities

Read instructions.

Install, calibrate, maintain, and operate CMS

Perform initial performance test, Reference Method 18, 25A, 301, and 1818 test, and repeat 

performance tests if necessary.

Write the notification and reports listed above.

Enter information required to be recorded above.

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

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

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

maintaining information.

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

providing information.

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

requirements.

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

Transmit, or otherwise disclose the information.
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Currently, sources are using monitoring equipment that provides parameter data in an 

automated way e.g., continuous parameter monitoring system. Although personnel at the source 

still need to evaluate the data, this type of monitoring equipment has significantly reduced the 

burden associated with monitoring and recordkeeping.

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

Management

5(a) Agency Activities

EPA conducts the following activities in connection with the acquisition, analysis, storage, 

and distribution of the required information.

Agency Activities

Observe initial performance tests and repeat performance tests if necessary.

Review notifications and reports, including performance test reports, excess emissions reports, 

required to be submitted by industry.

Audit facility records.

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

5(b) Collection Methodology and Management

Following notification of startup, the reviewing authority might inspect the source to 

determine whether the pollution control devices are properly installed and operational. Performance 

test reports are used by the Agency to discern a source’s initial capability to comply with the 

emission standard, and note the operating conditions under which compliance was achieved. Data 

and records maintained by the respondents are tabulated and published for use in compliance and 

enforcement programs.

Information contained in the reports is entered into OTIS which is operated and maintained 

by the EPA Office of Compliance. OTIS is the EPA database for the collection, maintenance, and 

retrieval of compliance data for approximately 125,000 industrial and government-owned 

facilities. EPA uses OTIS for tracking air pollution compliance and enforcement by local and state 

regulatory agencies, EPA regional offices, and EPA headquarters. EPA delegated Authorities can 

edit, store, retrieve and analyze the data.

The records required by this regulation must be retained by the owner or operator for five 

years.

5(c) Small Entity Flexibility

The majority of the respondents are large entities (i.e., large businesses). However, the 

impact on small entities (i.e., small businesses) was taken into consideration during the 

development of the regulation. Due to technical considerations involving the process operations 
9

and the types of control equipment employed, the recordkeeping and reporting requirements are 

the same for both small and large entities. The Agency considers these to be the minimum 

requirements needed to ensure compliance and, therefore, cannot reduce them further for small 

entities. To the extent that larger businesses can use economies of scale to reduce their burden, the 

overall burden will be reduced.

5(d) Collection Schedule

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

in Table 1: Annual Industry Burden for NESHAP for Pesticide Active Ingredient Production (40 

CFR Part 63, Subpart MMM) (Renewal).

6. Estimating the Burden and Cost of the Collection

Table 1 documents the computation of individual burdens for the recordkeeping and 

reporting requirements applicable to the industry for the subpart included in this ICR. The 

individual burdens are expressed under standardized headings believed to be consistent with the 

concept of burden under the Paperwork Reduction Act. Wherever appropriate, specific tasks and 

major assumptions have been identified. Responses to this information collection are mandatory.

The Agency may not conduct or sponsor, and a person is not required to respond to, a 

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

6(a) Estimating Respondent Burden

The average annual burden to industry over the next three years from these recordkeeping 

and reporting requirements is estimated to be 3,666 (Total Labor Hours from Table 1). These 

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

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

approved ICR, and any comments received.

6(b) Estimating Respondent Costs

This ICR uses the following labor rates:

Managerial $118.92 ($56.63 + 110%) 

Technical $97.78 ($46.56 + 110%)

Clerical $48.76 ($23.22 + 110%)

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

2010, "Table 2. Civilian Workers, by Occupational and Industry group." The rates are from 

column 1, "Total Compensation." The rates have been increased by 110 percent to account for the 

benefit packages available to those employed by private industry.

(ii) Estimating Capital/Startup and Operation and Maintenance Costs
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The type of industry costs associated with the information collection activities in the 

subject standard are both labor costs which are addressed elsewhere in this ICR and the costs 

associated with continuous monitoring. The capital/startup costs are one-time costs when a 

facility becomes subject to the regulation. The annual operation and maintenance costs are the 

ongoing costs to maintain the monitor and other costs such as photocopying and postage.

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

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

(A)

Continuous 

Monitoring 

Device

(B)

Capital/Startup 

Cost for One 

Respondent

(C)

Number of 

New

Respondents 

(D)

Total 

Capital/Startup 

Cost,

(B X C)

(E)

Annual 

O&M Costs 

for One 

Respondent

(F)

Number of 

Respondents 

with O&M

(G)

Total 

O&M,

(E X F)

Performance 

tests $52,2001

0 $0 $1,325 15 $19,875

Wastewater 

CMS $10,690 0 $0

CMS cost for 

process vents $15,920 0 $0

Total $0 $19,875

1 Owners and operators are required to run two tests to complete the process vent performance test for each 

facility. Each run will cost $26,100 for a total of $52,200 per test.

The total capital/startup costs for this ICR are $0. This is the total of column D in the above 

table.

The total operation and maintenance (O&M) costs which consist of photocopying and 

postage are $19,875. This is the total of column G.

The average annual cost for capital/startup and operation and maintenance costs to industry 

over the next three years of the ICR is estimated to be $19,875.

6(c) Estimating Agency Burden and Cost

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

information. The EPA compliance and enforcement program includes activities such as: the 

examination of records maintained by the respondents, periodic inspection of sources of 

emissions, and the publication and distribution of collected information.

The average annual Agency cost during the three years of the ICR is estimated to be 

$6,012.

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

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

Technical $46.21 (GS-12, Step 1, $28.88 + 60%)
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Clerical $25.01 (GS-6, Step 3, $15.63 + 60%)

These rates are from the Office of Personnel Management (OPM) “2011 General 

Schedule” which excludes locality rates of pay. The rates have been increased by 60 percent to 

account for the benefit packages available to government employees. Details upon which this 

estimate is based appear in Table 2: Average Annual EPA Burden, NESHAP for Pesticide Active 

Ingredient Production (40 CFR Part 63, Subpart MMM) (Renewal).

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

Based on our research for this ICR, on average over the next three years, approximately 15

respondents will be subject to the standard. It is estimated that no additional new sources will 

become subject to the rule. The overall average number of respondents, as shown in the table 

below, is 15 per year. 

The number of respondents is calculated using the following table which addresses the 

three years covered by this ICR.

Number of Respondents

Year

(A)

Number of 

New

Respondents 1

(B)

Number of 

Existing 

Respondents

(C)

Number of Existing 

Respondents That 

Keep Records But Do 

Not Submit Reports

(D)

Number of Existing 

Respondents That 

Are Also New

Respondents

(E)

Number of 

Respondents

(E=A+B+C-D)

1 0 15 0 0 15

2 0 15 0 0 15

3 0 15 0 0 15

Average 0 15 0 0 15

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

To avoid double-counting respondents, column D is subtracted. As shown above, the 

average Number of Respondents over the three-year period of this ICR is 15.

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

Total Annual Responses

(A)

Information Collection Activity

(B)

Number of 

Respondents

(C)

Number of 

Responses

(D)

Number of 

Existing 

Respondents That 

Keep Records But 

Do Not Submit 

Reports

(E)

Total 

Annual 

Responses

E=(BxC)+D

Notification of construction/reconstruction 0 1 N/A 0

Notification of process changes 1 1 N/A 1

Notification of anticipated startup 0 1 N/A 0
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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

Notification of actual startup 0 1 N/A 0

Notification of initial performance test 0 1 N/A 0

Notification of initial CMS performance 

evaluation 0 1 N/A 0

Quarterly reporting 1 4 N/A 4

Semiannual reporting 14 2 N/A 28

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

Emissions averaging plan 1 1 N/A 1

Total 64

The number of Total Annual Responses is 64.

The total annual labor costs are $346,223. Details regarding these estimates may be found 

in Table 1: Annual Industry Burden and Cost - NESHAP for Pesticide Active Ingredient 

Production (40 CFR Part 63, Subpart MMM) (Renewal).

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

The detailed bottom line burden hours and cost calculations for the respondents and the 

Agency are shown in Tables 1 and 2, respectively, and summarized below. 

(i) Respondent Tally

The total annual labor costs are $346,223. Details regarding these estimates may be found 

in Table 1. Annual Respondent Burden and Cost: NESHAP for Pesticide Active Ingredient 

Production (40 CFR Part 63, Subpart MMM) (Renewal). 

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

information is estimated to average 57 hours per response.

The total annual capital/startup and operation and maintenance (O&M) costs to the 

regulated entity are $19,875. 

(ii) The Agency Tally

The average annual Agency burden and cost over next three years is estimated to be 133 

labor hours at a cost of $6,012. See Table 2. Annual Agency Burden and Cost: NESHAP for

Pesticide Active Ingredient Production (40 CFR Part 63, Subpart MMM) (Renewal).
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6(f) Reasons for Change in Burden

The adjustment decrease in burden from the most recently approved ICR is due to a more 

accurate estimate of existing and anticipated new sources. After consulting with the Office of Air 

Quality Planning and Standards (OAQPS) and a number of trade associations, our data indicates

that there are approximately fifteen sources subject to the rule, as compared with the active ICR 

that shows eighty-eight sources. There are no new facilities expected to be constructed over the 

next three years of this ICR. The decline in the number of sources is partially due to: 1) plant 

closures: the cost to retrofit aging facilities increased due to the down turn in the economy; 2) 

corporate mergers; and 3) foreign competition. Therefore, there is a net decrease in the burden to 

industry.

Because there are no new sources with reporting requirements, no capital/startup costs are 

incurred. The only cost that is incurred is for the operation and maintenance (O&M) of the 

monitoring equipment.

6(g) Burden Statement

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

estimated to average 57 hours per response. Burden means the total time, effort, or financial 

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

or for a Federal agency. This includes the time needed to review instructions; develop, acquire, 

install, and utilize technology and systems for the purposes of collecting, validating, and verifying 

information, processing and maintaining information, and disclosing and providing information; 

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

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

and review the collection of information; and transmit or otherwise disclose the information.

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

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

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

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

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

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

ID Number EPA-HQ-OECA-2011-0207. An electronic version of the public docket is available at 

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, 
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you can send comments to the Office of Information and Regulatory Affairs, Office of 

Management and Budget, 725 17th Street, N.W., Washington, DC 20503, Attention: Desk Officer 

for EPA. Please include the EPA Docket ID Number EPA-HQ-OECA-2011-0207 and OMB 

Control Number 2060-0370 in any correspondence.

Part B of the Supporting Statement

This part is not applicable because no statistical methods were used in collecting this 

information.
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Table 1: Annual Respondent Burden and Cost – NESHAP for Pesticide Active Ingredient Production (40 CFR Part 63, Subpart 

MMM)

Burden item

(A)

Person

hours per 

occurrence

(B)

No. of 

occurrences 

per 

respondent 

per year

(C)

Person 

hours per 

respondent 

per year

(C=AxB)

(D)

Respondents 

per year a

(E)

Technical 

personhours per 

year

(E=CxD)

(F)

Management 

person hours 

per year

(Ex0.05)

(G)

Clerical 

person 

hours 

per year

(Ex0.1)

(H)

Cost, $ b

1. Applications N/A

2. Survey and Studies N/A

3. Reporting requirements

 A. Read instructions c2 1 2 0 0 0 0 $0 

 B. Required activities

 Performance evaluation test (certification

 of CMS) c, d 

13 6 78 0 0 0 0 $0

 C. Create information See 3B

 D. Gather existing information See 3E, 

 E. Write Report

 Notification of construction/

 reconstruction c, d 

2 1 2 0 0 0 0 $0

 Notification of process changes e8 1 8 1 8 0.4 0.8 $868.82

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

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

 Notification of applicability of the

 Standard

 - Existing source f2 1 2 0 0 0 0 $0

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

 Pre-compliance plan c, g40 1 40 0 0 0 0 $0

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

 Notification of initial CMS performance

 evaluation c 

2 1 2 0 0 0 0 $0

 - With performance test i80 1 80 0 0 0 0 $0

 - Without performance test j120 1 120 0 0 0 0 $0

 F. Write periodic report

 - Quarterly reporting k24 4 96 1 96 4.8 9.6 $10,425.80

 - Semiannual reporting l8 2 16 14 224 11.2 22.4 $24,326.84

 - LDAR reporting m94 2 188 15 2,820 141 282 $306,257.64

 - Emissions averaging plan n40 1 40 1 40 2 4 $4,344.08
16

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)

Cost, $ b

Subtotal for Reporting Requirements 3,666.2

4. Recordkeeping requirements

 A. Read instructions See 3A

 B. Plan activities N/A

 C. Implement Activities N/A

 D. Develop record system o40 1 40 0 0 0 0 $0

 E. Develop startup, shutdown, and

 malfunction plans p 

100 1 100 0 0 0 0 $0

 F. Develop QA/QC plan for CMS q40 1 40 0 0 0 0 $0

 G. Time to enter information

 - Records of startup, shutdown, and 

 malfunction r

1.5 52 78 0 0 0 0 $0

 Records of CMS data

- Record continuously monitored 

 parameters s 

1 320 320 0 0 0 0 $0

- Enter/verify information for 

 semiannual report t

16 2 32 0 0 0 0 $0

 H. Calibration of CMS u48 1 48 0 0 0 0 $0

 I. Time to train personnel v40 1 40 0 0 0 0 $0

 J. Time for audits N/A

Subtotal for Recordkeeping Requirements 0

Subtotals Labor Burden and cost 3,188 159.4 318.8 $346,223.18

TOTAL LABOR BURDEN AND COST 

(rounded)

3,666.2

3,666 (rounded)

$346,223

Assumptions:

a

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

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

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

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

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

 those employed by private industry.

c

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

d

 We have assumed that only new sources are required to report the performance evaluation test (continuous monitoring system certification).
17

e

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

f

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

g

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

h

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

i

 We assume that 90 percent of facilities will conduct a performance test. The notification of compliance status includes the report of the performance test and the continuous

 monitoring system (CMS) performance evaluation.

j

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

k

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

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

m

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

n

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

o

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

p

 We have assumed that each new respondent would require 80 hours to draft the startup, shutdown, and malfunction plan, and another twenty hours to review/revisions for a

 total of 100 hours.

q

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

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

s

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

t

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

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

v

 We have assumed that it will take 40 hours once per year for each new respondent to train personnel.
18

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

Activity

(A)

EPA 

personhours per

occurrence

(B)

No. of

occurrences

per plant

per year

(C)

EPA 

person

hours per

plant per 

year

(C=AxB)

(D)

Plants 

per year b 

(E)

Technical

personhours

per year

(E=CxD)

(F)

Management

person-hours

per year

(Ex0.05)

(G)

Clerical

personhours 

per year

(Ex0.1)

(H)

Cost, $ a

Activity

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

Repeat performance test c40 1 40 0 0 0 0 $0

Performance evaluation test (certification of 

CMS) d

2 1 2 0 0 0 0 $0

Report review

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

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

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

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

 Notification of process changes e8 1 8 1 8 0.4 0.8 $414.60

 Review of pre-compliance report f4 1 4 0 0 0 0 40

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

 Notification of CMS performance

 evaluation 

2 1 2 0 0 0 0 $0

 Review of notification of compliance status

 - With performance test g40 1 40 0 0 0 0 $0

 - Without performance test h40 1 40 0 0 0 0 $0

 Review of emission averaging plan i20 1 20 1 20 1 2 $1,036.49

 Review of semiannual report j2 2 4 14 56 2.8 5.6 $2,902.18

 Review of quarterly reports k8 4 32 1 32 1.6 3.2 $1,658.38

 Review of NESHAP waiver application N/A

Subtotals Labor Burden and cost 116 5.8 11.6 $6,011.65

TOTAL ANNUAL BURDEN AND COST 

(rounded)

133 $6,012

Assumptions:

a

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

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

from the Office of Personnel Management (OPM) 2011 General Schedule which excludes locality rates of pay.
19

 

b

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

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

c

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

d

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

e

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

f

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

g

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

h

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

evaluation.

i

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

j

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

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