**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 Pesti cide Active In gredient Production (40 CFR Part 6 3 , Subpart MMM ) (Renewal) , EPA I CR 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 sy stem 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 applicabil ity 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 performanc e evaluations; startup, shutdown, and malfunction report s ; semiannual or quarterl y s ummary

r eports and/or excess emissions ; and CMS performance reports. In addition to the requirements of subpart A, man y r espondents are required to submit a pre - compliance plan and leak detention and repair (LDAR) reports; and plants that wish to implement emissions averaging pro visions must submit an emission

- averaging plan. Respondents electing to comply with the emission limit or emission reduction requirement for proce ss 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 sy stem. Any owner or o perator 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 an y d eviation resulting from a known cause for which no2

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 o ccurred, 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, inc luding action taken to minimize each deviation and action taken to prevent recurrence; an d 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 cop y 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 directl y 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 currentl y 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

. N one of the 15 facilities in the United States are owned by state, local, tribal or the Federal government. They are owned and operated by p rivatel y owned for

- profit businesse s. Y ou 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 6 3 , 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 6 3 , Subpart MMM ).
In the development o f the IC R, we addressed the Office of Management and Budget (OMB) “Terms of Clearance (TOC)” on the active ICR. The TOC are as follows:

When this I CR is renewed, EPA shoul d 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) N**  **eed/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 of3

hazardous air pollutants (HAP). T hese stan dards 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 an y o wner or operator subject to any r equirement 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, HAP emissions from PAI cause or contribute to air pollution that may

reasonab ly

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 orde r to determine an affected facility’s i nitial 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 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 information generated by the monitoring, recordkeeping, and reporting requirements described in this I CR 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.4

**3(a) Nonduplication** If the subject standards have no t 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 Subm ission to OMB** 
An announcement of a public comment period for the renewal of this IC R was published in the Federal Register ( 7 6 FR 2 6 900 ) on May 9, 20 11 . No comments were received on the burden published in the Federal Register

. **3(c) Consultations**
T he A genc y’ 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. 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 Agen cy ’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 dev eloping 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 polic y t o respond after a thorough re view 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 f acilities 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 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 requirement s violate an y of the regulations established by

OMB at 5 CFR part 1320, section 1320.5.5

These standards require the respondents to maintain all records, including reports and notifications for at least five years. T his is consistent with the General Provi sions 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 permit program is based. The retention of records for fiv e 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 i nformation submitted to the Agency for 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. **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 (SI C) codes for the respondents affected b y the standards, which corresponds to The North American Industry Classification S ys tem (NAI CS) 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 2 869 325998 Pesticide and Other Agricultural Chemical Manufacturing 2879 325320 **4(b) Information Requested**6

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:
**Notifi cation 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 repor t 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 reconstruc tion 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 s ys tem 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), 63.1 367(b)(3) Monitoring and records for process vent annual emission limits standard 63.1366(c), 63.1367(b)(4)7 **Recordkeeping** Monitor and record for equipment leaks 63.1366(d), 63.1367(c) Monitoring and records for heat exchanger s ys tems 63.1362(f), 63.13 66(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 sy stems and closed

- vent sy stems 63.1367(f)
Electroni c 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 wi th 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 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, an d 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 sy stems for the purpose of collecting, 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 an y previously applicable instructions and requirements. Train personnel to be able to respond to a collection of information. Transmit, or otherwise disclo se the information.8

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 monitori ng 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 activ ities 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 perform ance test reports, excess emissions reports, required to be submitted by industry

. Audit facility

records. Input, anal yz e, and maintain data in the Online Tracking Information Sy stem (OTI S). **5(b) Collection Methodology and Management** Following notifi cation 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 comp ly

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. EPA uses OTIS for tracking air pollution compliance and enforcement by l ocal and state regulatory

a gencies, EPA regional offices, and EPA headquarters. EPA delegated Authorities can edit, store, retrieve and analyze the data. The records required b y th is regulation must be retained by the owner or operator for five ye ars. **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 operations9

and the ty pes of control equipment employed, the recordkeeping and reporting requirements are the same for both small and large e ntities. The Agency considers these to be the minimum requirements needed 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 in Table 1: Annual Industry Burden for NESHAP for Pesticide Active In gredient Production (40 CFR Part 63, S ubpart 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 I CR. 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 informati on 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 regulati on, Agency

knowledge and experience with the NESHAP program, the previously approved ICR, and an y comments received. **6(b) Estimating Respondent Costs**
This I CR uses the following labor rates: Managerial $118.92 ($56.63 + 110%) Technical $97.78 ($46.5 6 + 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**10

The ty pe 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)

Tot al O&M, (E X F)
Performance tests $52,200 1 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. T his is the total of column D in the above table. The total operation and maintenance (O&M) costs which consi st 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 ye ars of the I CR is estimated to be $ 19,875. **6(c) Estimating Agen cy Burden and Cost**  The 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, period ic 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 hourl y labor rate as follo ws:

Managerial $62.27 (GS

- 13, Step 5, $38.92 + 60%) Technical $46.21 (GS

- 12, Step 1, $28.88 + 60%)11 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 lo cality 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 In gredient Productio n (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 ye ar. The number of respondents is calculated using the following table whic h 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 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

- c ounting respondents, column D is subtracted. As shown above, the average Number of Respondents over the three

- ye ar period of this ICR is 15

. 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

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 012 **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 botto m 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 costs are $ 346,223 . Details regarding these estimates may be foun d in Table 1. Annual Respondent Burden and Cost: NESHAP for Pesticide Active Ingredient Productio n (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 o peration and m aintenance ( 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 b e 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).13

**6(f) Reasons for Change in Burden** The adjustment decrease in burden from the m ost recentl y 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 partiall y due to : 1) plant closures : the cost to retrofit aging facilities increased due to the down turn in the econom y; 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 f or 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 s ys tems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing way s to comply with an y 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 ar e 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 tec hniques, EPA has established a public docket for this IC R under Docket ID Number EPA

- HQ

- OECA

- 20 11

- 020 7. An electronic version of the public docket is available at http://www.regulations.gov/ which may be used t o obtain a cop y 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 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, Room 3334, 1301 Consti tution 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

- 17 52

. Also,14

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, Attentio n: Desk Officer for EPA. Please include the EPA Docket ID Number EPA

- HQ

- OECA

- 20 11

- 0 2 07 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 col lecting this information.15

**Table 1:**  **A nnual**  **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)** 

**Pers on**  **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)** 

**Cost, $ b** 

1. Applications N/A 2. Survey and Studies N/A 3. Reporting requirements A. Read instructions c 2 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 e 8 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 S tandard

- Existing source f 2 1 2 0 0 0 0 $0

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

- com pliance plan c, g 40 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 i 80 1 80 0 0 0 0 $ 0

- Without performance test j 120 1 120 0 0 0 0 $0 F. Write periodic report

- Quarterly reporting k 24 4 96 1 96 4.8 9.6 $ 10,425.80

- Semiannual reporting l 8 2 16 14 224 11.2 22.4 $ 24,326.84

- LDAR reporting m 94 2 188 15 2,820 141 282 $ 306,257.64

- Emissions averaging plan n 40 1 40 1 40 2 4 $ 4,344.0816

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

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

**Pers on**  **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)** 

**Cost, $ b** 

Subtotal for Reporting Requireme nts 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 o 40 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 q 40 1 40 0 0 0 0 $ 0 G. Time to enter information

- Records of startup, shutdown, and malfunctio n 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 u 48 1 48 0 0 0 0 $ 0 I. Time to train personnel v 40 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 (rou**  **nded)** 3,666.2 3,666 (rounded) $ 346,223

**Assu mptions:**  a We have assumed that the average number of existing sources subject to the rule will be 15. There will be no additional new source s 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 ho ur for Technical labor, and $48.76 per hour for Clerical labor. These rates are from the Uni ted States Department of Labor, Bureau of Labor Statistics, December, 2010, Ta ble 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 f or th e benefit packages available to those employed by private industry. c We have a ssume d that there will be no new facilities that will be constructed over the three

- year period of this ICR. d We have a ssume d that only new sources are required to report the performance evaluation test (continuous monitoring system certification).17

e We have a ssume d that 10 perc ent of existing facilities will im plement process changes. f We have a ssume d that the rule only applies to new and reconstructed facilities. g We have a ssume d that 50 percent of new and reconstructed facilities will submit a pre

- compliance report with their notification of construction/reconstruct ion. h We have a ssume d that 90 percent of new and reconstructed facilities will conduct a performanc e test. i We a ssume that 90 percent of facilities will conduct a performance test. The notification of compliance status includes the repo rt of the performance test and the continuous mo nitoring system ( CMS ) performance evaluation. j We a ssume that 10 percent of facilities will comply by submitting engineering calculations, design ing calculations , and report ing of the CMS performance evaluation. k We a ssume that 10 percent of facilities will have exceedances and periods of noncompliance and will su bm it periodic report on a quarterly basis. l We a ssume that 90 percent of facilities will have no exceedances and will submit periodic report on a semiannual basis. m We have a ssume d that each respondent will take ninety

- fo ur hours two time s per year t o write a leak detention and repair (LDAR) report. n We have a ssume d that 10 perc ent of existing facilities will comply with emissions averaging requirements. New sources are not allowed to use emissions averaging. o We have a ssume d that it will take f orty hours for each new respondent to develop a record system for recording parameter monitoring information. p We have a ssume d 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 Q uality A ssurance(QA) / Q uality C ontrol (QC) plan for CMS. r We have a ssume d that it will take 1.5 hours once per week for each ne w respondent to enter record s of startup, shutdown, and malfunction information. s We have a ssume d that it will take one hour 320 time s per year to record continuously monitored parameters data

. t We have a ssume d that it will take sixteen hours for each new respondent to enter/verify information for semiannual report.
u We have a ssume d that it will take 48 hours for each new respondents to com plete the calibration of the CMS

. v We have assumed that it will take 40 hours once per year for each new respon dent 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 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**  **b (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, $ a** 

Activity Initial perf

ormance test 40 1 40 0 0 0 0 $0 Repeat performance test c 40 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 constr

uction/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 e 8 1 8 1 8 0.4 0.8 $414.60 Review of pre

- com

pliance report f 4 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 o f notification of com

pliance status

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

- Without performance test h 40 1 40 0 0 0 0 $0 Review of emission averaging plan i 20 1 20 1 20 1 2 $1,036.49 Review of semiannual report j 2 2 4 14 56 2.8 5.6 $2,902.18 Review of quarterly reports k 8 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 $6,01 2

**Assu mptions:** 
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 additiona l new sources per year that will become subje ct 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 perfo rmance 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 th e pre - com pliance report. g We have assumed that 90 percent of all ne w sources will conduct a performance test that covers the revie wing of compliance status report. h We have assumed that 10 percent of facilities will comply by submitting engineering cal culations, designing calculations , and report ing 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.