SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

NESHAP for Flexible Polyurethane Foam Product (40 CFR Part 63, Subpart III) 

(Renewal)

1. Identification of the Information Collection

1(a) Title of the Information Collection

NESHAP for Flexible Polyurethane Foam Product (40 CFR Part 63, Subpart III) (Renewal)

EPA ICR Number 1783.05; OMB Control Number 2060-0357

1(b) Short Characterization/Abstract

The Maximum Achievable Control Technology (MACT) standards for Flexible 

Polyurethane Foam Product (published at 40 CFR part 63, subpart III) were proposed on 

December 27, 1996 and promulgated on October 7, 1998. These standards apply to owners or 

operators of new and existing facilities that engage in the manufacture of flexible polyurethane 

foam products which emit hazardous air pollutants (HAPs). This includes facilities making 

slabstock flexible polyurethane foam (slabstock foam), rebond flexible polyurethane foam 

(rebond foam), and/or molded flexible polyurethane foam (molded foam).

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

periodic reports. Owners or operators of flexible polyurethane foam production facilities to 

which this rule is applicable must choose one of the compliance options described in the standard 

or reduce HAP emissions to below the compliance level. Specifically, the rule requirements for 

slabstock foam producers include an initial notification, notification of compliance status, 

semiannual reports and annual compliance certifications. In addition, respondents are required to 

submit a pre-compliance report that describes the HAP compliance procedures, and 

recordkeeping procedures. Those electing to comply with the slabstock foam emission limitation 

using recovery devices must measure and record emissions as specified in 40 CFR 63.1297 of 

the rule. The rule requirements for molded and rebond foam producers include a notification of 

compliance status report and an annual compliance certification. These notifications, reports, 

and records are essential in determining compliance, and are required of all sources subject to 

MACT.

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

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

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

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

States Environmental Protection Agency (EPA) regional office.

There are approximately 132 respondents currently subject to the regulation, and it is 

estimated that no new respondents per year will become subject to the regulation in the next 

three years. Since there are no changes in the regulatory requirements and we have determined 
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that there is no significant industry growth, the labor hours and cost figures in the previous 

Information Collection Request (ICR) are used in this ICR renewal. The burden to the “Affected 

Public” may be found below in Table 1: Annual Respondent Burden and Cost: NESHAP for 

Flexible Polyurethane Foam Product (40 CFR part 63, subpart III) (Renewal). The burden to the 

“Federal government” is attributed entirely to work performed by Federal employees or 

government contractors. This burden may be found below in Table 2: Average Annual EPA 

Burden: NESHAP for Flexible Polyurethane Foam Product (40 CFR part 63, subpart III)

(Renewal).

There are no capital/startup or Operation and Maintenance (O&M) costs associated with 

this regulation. The continuous parameter monitoring equipment used by facilities affected by 

this regulation are used to maintain a high level of operational efficiency and would have been 

installed and maintained with or without regulation. Details on this estimate can be found in 

Section 6(b)(iii) of this report.

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

the following “Terms of Clearance”:

The cost of labor assumptions underlying the respondent and 

agency burden cost calculations should be updated in the next 

renewal.

The cost of labor has been updated using the United States Department of Labor, Bureau of 

Labor Statistics, March 2009, Table 2., labor rates for the respondent labor costs, and the Office 

of Personnel Management (OPM) 2009 General Schedule for the Agency labor costs.

The 132 facilities in the United States, which are respondents to this ICR, are publicly 

owned and operated by flexible polyurethane foam production facilities. None of the facilities 

are owned by either state, local and tribal agencies or the Federal government.

2. Need for and Use of the Collection

2(a) Need/Authority for the Collection

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

standards of performance for each category or subcategory of major sources and area sources of 

hazardous air pollutants. These standards are applicable to new or existing sources of hazardous 

air pollutants 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 
3

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

equipment parameters, production variables or other indirect data 

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

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

and (G) provide such other information as the Administrator may

reasonably require.

In the Administrator's judgment, hazardous air pollutants (HAP) emissions from flexible 

polyurethane foam production facilities either cause or contribute to air pollution that may

reasonably be anticipated to endanger public health or welfare. Therefore, the MACT standards 

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

2(b) Practical Utility/Users of the Data

The control of emissions from HAP emissions from flexible polyurethane foam 

production facilities requires not only the installation of properly designed equipment, but also 

the operation and maintenance of that equipment. Emissions of HAP from flexible polyurethane 

foam production facilities are the result of operation of each slabstock production line, each 

storage vessel, equipment cleaning, or from leaking equipment (e.g., transfer pumps, connectors, 

valves, etc.). The subject standards are achieved by the capture of HAP emissions using vapor 

recovery systems or carbon adsorption systems and leak detection and repair procedures. The 

notifications required in the applicable regulations 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 check if the pollution control devices are properly 

installed and operated, leaks are being detected and repaired, and the regulations are being met. 

The semiannual reports are used for problem identification, as a check on source operation and 

maintenance, and for compliance determinations. 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 MACT standards continue to operate the control equipment in 

compliance with the regulation. Adequate monitoring, recordkeeping, and reporting are 

necessary to ensure compliance with the applicable regulations, as required by the Clean Air Act. 

The information collected from recordkeeping and reporting requirements is also used for 

targeting inspections, and is of sufficient quality to be used as evidence in court.

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

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

III.

3(a) Non-duplication

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

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

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

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

be sent to the Administrator in lieu of the report required by the Federal standards. Therefore, no 
4

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 on July 8, 2009 at 74 FR 32581. No comments were received on the 

burden published on the Federal Register.

3(c) Consultations

During a previous renewal of this ICR, the Agency’s experts in matters concerning the 

affected industry had been consulted and the Agency’s internal data sources and projections of 

industry growth over the next three years were also considered. The primary source of 

information as reported by industry, in compliance with the recordkeeping and reporting 

provisions in the standard, was the Air Facility System (AFS) which is operated and maintained 

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

retrieval of all compliance data. The growth rate for the industry was based on our consultations 

with the Agency’s industry experts. Approximately 132 respondents will be subject to the 

standard over the three-year period covered by this ICR.

Industry trade associations, such as the Polyurethane Foam Association, and other 

interested parties were provided an opportunity to comment on the burden associated with the 

standard as it was being developed. The standard has been previously reviewed to determine the 

minimum information needed for compliance purposes.

It is our policy to carefully review any comments received since the last ICR renewal 

including those submitted in response to the first Federal Register notice and respond 

appropriately. In this case, no comments were received.

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 likelihood of detecting poor operation and maintenance of control 

equipment and noncompliance would decrease.

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 affected 

facilities 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 fiveyear records retention requirement is consistent with the part 70 permit program and the fiveyear statute of limitations on which the permit program is based. Also, the retention of records 
5

for five years would allow EPA to establish the compliance history of a source and any pattern of 

compliance for purposes of determining the appropriate level of enforcement action. 

Historically, EPA has found that the most flagrant violators frequently have violations extending 

beyond the five years. EPA would be prevented from pursuing the worst violators due to the 

destruction or nonexistence of records if records were retained for less than five years.

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 (CBI) (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 and NAICS Codes

The respondents to the recordkeeping and reporting requirements are owners or operators 

of flexible polyurethane foam production facilities. The United States Standard Industrial 

Classification (SIC) code for the respondents affected by the standards is code 3086 which 

corresponds to the North American Industry Classification System (NAICS) code 326150 for 

Urethane and Other Foam Product (except Polystyrene) Manufacturing.

4(b) Information Requested

(i) Data Items

All data in this ICR that is recorded and/or reported is required by National Emissions 

Standards for Hazardous Air Pollutants (NESHAP) for Flexible Polyurethane Foam Production 

(40 CFR part 63, subpart III).

A source must make the following reports:

Notification Reports Citation

Initial notification 63.1306(a)

Application for approval of construction or reconstruction 63.1306(b)

Pre-compliance report 63.1306(c)

Notification of compliance status 63.1306(d)

Notification of special compliance requirements 63.9(d)

Change in selected emission limitation/compliance method 63.1306(f)(1)&(2)
6

Notification Reports Citation

Request for extension of compliance, adjustments to time periods, and 

changes in information

63.9(c), 63.9(i), 

63.9(j)

Reports Citation

Semiannual compliance reports 63.1306(e)

Annual compliance certification 63.1306(g)

A source must keep the following records:

Recordkeeping Citation

Startups, shutdowns, malfunctions, periods where the continuous monitoring 

system is inoperative

63.10(b)(2) 

All reports and notifications 63.10(b)

Record of applicability 63.10(a)

Slabstock sources shall maintain storage vessel records, equipment leaks 

record, HAP auxiliary blowing unit (ABA) records for emission point 

specific limitations or source-wide limitations, records of product data sheet 

for HAP cleaners, and if using a recovery device, the records of the recovered 

HAP ABA recordkeeping program, the monitoring device=s Quality

Assurance (QA) data, parameter monitoring, and the HAP ABA recovered.

63.1307(a-f)

Molded/rebond foam sources shall maintain records of product data sheets for 

each compound other than diisocyanates used to flush the mixhead and 

associated piping during periods of startup or maintenance, and the product 

data sheets for each mold release agent used that has HAPs.

63.1307(g-h)

Records are required to be retained for five years; however, only the data of 

the most recent two years must be kept on-site

63.10(b)(1)

Electronic Reporting

Currently, sources are using monitoring equipment that provides parameter data in an 

automated way, e.g., flow rate monitoring and pump revolution per minute monitoring. 

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. 

In addition, some regulatory agencies are setting up electronic reporting systems to allow sources 

to report electronically which is reducing the reporting burden. However, electronic reporting 

systems are still not widely used by the regulatory agencies. It is estimated that approximately

10 percent of the respondents use electronic reporting.

(ii) Respondent Activities

Respondent Activities

Read instructions.
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Respondent Activities

Slabstock foam sources shall install, calibrate, maintain, and operate Continuous Monitoring 

System (CMS) for flow rate or pump revolutions to monitor continuously the amount of 

polyol added and for HAP ABA.

Performance tests are not required by MACT, subpart III. However, sources are required to 

use Reference Method 18 of part 60 for HAP concentration; Method 25A of part 60 for 

organic compounds measurements; Method 21 of part 60 for equipment leaks; and American 

Society for Testing and Materials (ASTM) method D3574-91, Standard Test methods for 

Flexible Cellular Materials-Slab, Bonded, and Molded.

Write the notifications and reports listed above.

Enter information required to be recorded above.

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

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

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

maintaining information.

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

providing information.

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

requirements.

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

Transmit, or otherwise disclose the information.

Currently, sources are using monitoring equipment that provides parameter data in an 

automated way, e.g., flow rate monitors; however, personnel at the facility still need to evaluate 

the data. 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. 

In addition, some regulatory agencies are setting up electronic reporting systems to allow sources 

to report electronically which is reducing the reporting burden. However, electronic reporting 

systems are still not widely used by the regulatory Agencies. It is estimated that approximately 

10 percent of the respondents use electronic reporting.

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, and excess emissions 

reports, required to be submitted by industry.

Audit facility records.

Input, analyze, and maintain data in the Air Facility System (AFS).
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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 operated. Data and 

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

enforcement programs. The semiannual reports and annual compliance certifications are used 

for problem identification, as a check on source operation and maintenance, and for compliance 

determinations.

Information contained in the reports is entered into the AFS which is operated and 

maintained by the EPA Office of Compliance. AFS is the EPA database for the collection, 

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

government-owned facilities. EPA uses the AFS for tracking air pollution compliance and 

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

EPA and its 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

During this renewal, the proposed and final rules were reviewed to estimate the number 

of small entities potentially affected. According to the Proposed Rule (61 FR 68406): 

Due to insufficient data on the ownership of plants in the flexible 

polyurethane foam industry, an analysis of each parent company in 

the industry was not feasible. Consequently, the EPA used data 

collected in the section 114 survey to evaluate the impact on small 

businesses based on model facilities. That analysis indicates that 

there is a total of approximately 121 businesses (31 slabstock, 90 

molded) that are affected by the proposed regulation, of which 

approximately 71 are small businesses (18 slabstock, 53 molded). 

Given the results of the analysis and the use of worst-case 

assumptions in the closure analysis, the EPA believes that the 

affect of the proposed regulation on small businesses will be 

minimal.

Based on this information, EPA assumes that approximately 59 percent of currently affected 

facilities, or 77 facilities, may be small entities.

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

consideration during the development of the regulation. Due to technical considerations 

involving the process operations and the types of control equipment employed, the 

recordkeeping and reporting requirements are the same for both small and large entities. 

The Agency considers these requirements the minimum needed to ensure compliance and, 

therefore, cannot reduce them further for small entities. To the extent that larger businesses can 
9

use economies of scale to reduce their burden, the overall burden will be reduced.

5(d) Collection Schedule

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

shown below in Table 1: Annual Respondent Burden and Cost: NESHAP for Flexible 

Polyurethane Foam Product (40 CFR part 63, subpart III) (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 under the NESHAP subpart III standards, 

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. 

Where 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 9,047 hours, which is shown below in Table 1. 

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

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

approved ICR, and any comments received.

6(b) Estimating Respondent Costs

(i) Estimating Labor Costs

This ICR uses the following labor rates: $114.77 per hour for Executive, Administrative, 

and Managerial labor; $97.59 per hour for Technical labor, and $48.26 per hour for Clerical 

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

March, 2009, “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.

Managerial $114.77 ($54.65 + 110%)

Technical $97.59 ($46.47 + 110%)

Clerical $48.26 ($22.98 + 110%)

(ii) Estimating Capital/Startup and Operation and Maintenance Costs

The only costs to the regulated industry resulting from information collection activities 
10

required by the subject standards are labor costs. 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 monitors 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)

Leak detectors $29,786 0 $0 $5,250 0 $0

There are no total capital/startup costs for this ICR since we have assumed that no new 

sources will become subject to these standards and that the existing sources conducting 

modifications will not be purchasing new monitoring equipment. This is the total of column D 

in the table above.

There are no operation and maintenance costs for this ICR since sources electing to 

comply with the source-wide emission limit and are not using bag leak detectors and the 

monitoring parameter monitors were already being used in their operations prior to promulgation 

of this rule. This is the total of column G in the table above.

The total respondent costs have been calculated as the addition of the capital/startup 

costs, and the annual operation and maintenance costs. Therefore, there is no average annual 

cost for capital/startup and operation and maintenance costs to industry over the next three years 

of the ICR.

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 cost to the Federal government during the three years of the ICR is 

estimated to be $21,544. This cost is based on the average hourly labor rates below:

Managerial $61.36 (GS-13, Step 5, $38.35 + 60%)

Technical $45.52 (GS-12, Step 1, $28.45 + 60%)

Clerical $24.64 (GS-6, Step 3, $15.40 + 60%)

These rates are from the Office of Personnel Management (OPM) 2009 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 
11

appear below in Table 2: Average Annual Burden: NESHAP for Flexible Polyurethane Foam 

Product (40 CFR part 63, subpart III) (Renewal).

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

Based on our research for this ICR, approximately 132 existing respondents (i.e., 59 

slabstock foam producers and 73 molded/rebond foam producers) are currently subject to the 

standard. It is estimated that no respondents per year will become subject to the regulation in the 

next three years. However, it is estimated that six existing sources will be 

modifying/reconstructing its operations and will have new affected facilities.

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 

That Submit 

Reports

(B)

Number of 

Existing 

Respondents 

That Submit 

Reports

(C)

Number of 

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 6 132 0 6 132

2 6 132 0 6 132

3 6 132 0 6 132

Average 6 132 0 6 132

* New respondents are defined for this calculation as sources that recently became subject to the rule and existing 

sources that have modified/reconstructed their 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 132.

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

Total Annual Responses

(A)

Number of 

New

Respondents *

(B)

Number of 

Reports for 

New

Sources

(C)

Number of 

Existing 

Respondents**

(D)

Number of 

Reports for 

Existing 

Sources

(F)

Number of 

Respondents That 

Keep Records but 

Do Not Submit 

Reports

(E)

Total Annual 

Responses 

E=(AxB)+(CxD)+F

6 3

59 2

0 209

73 1

* New respondents are defined for this calculation as sources that recently became subject to the rule and existing 

sources that have modified/reconstructed their facilities.

** There are 59 existing slabstock foam producers and 73 existing molded/rebond foam producers which total 132 

respondents.
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The number of Total Annual Responses is 209. The total annual labor costs are 

$850,851. Details regarding these estimates may be found below in Table 1. Annual Respondent 

Burden and Cost: NESHAP for Flexible Polyurethane Foam Product (40 CFR part 63, subpart 

III) (Renewal).

Note that there are no total annual capital/start up and operation and maintenance (O&M) 

costs to the regulated entity that can be attributed to this rule. These costs are detailed in Section 

6(b)(iii), Capital/Startup vs. Operation and Maintenance Costs.

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

The bottom line burden hours and cost tables for both the Agency and the respondents 

appear below or are attached. The annual public reporting and recordkeeping burden for this 

collection of information is estimated to average 43 hours per response.

6(f) Reasons for Change in Burden

There is no change in the labor hours to respondents in this ICR compared to the previous 

ICR. This is due to two considerations: 1) the regulations have not changed over the past three 

years and are not anticipated to change over the next three years; and 2) the growth rate for the 

industry is very low, negative or non-existent. Therefore, the labor hours in the previous ICR

reflect the current burden to the respondents and are reiterated in this ICR. 

The increases in labor cost burden to the Respondents and the Agency are due to labor 

rate adjustments reflecting rates for fiscal year 2009. The increases are not due to any program 

changes. Labor rates in the previous ICR were based on fiscal year 2003.

6(g) Burden Statement

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

is estimated to average 43 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 
13

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

Docket ID Number EPA-HQ-OECA-2009-0394. 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 

contents of the docket, and to access those documents in the public docket that are available 

electronically. When in the system, select “search,” then 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, D.C. 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 docket center is (202) 566-1752. Also, you can send comments to the 

Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th 

Street, N.W., Washington, D.C. 20503, Attention: Desk Officer for EPA. Please include the 

EPA Docket ID Number EPA- HQ-OECA-2009-0394 and OMB Control Number 2060-0357 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 FLEXIBLE POLYURETHANE FOAM PRODUCT (40 CFR part 63, subpart III)

(Renewal)

A B C D E F G H I

Reporting/Recordkeeping Requirements

Hours/

Occurrence

Occurrences/

Year

Hours/Year

(C = A x B)

Respondents/

Year a

Technical

Hours/Year

(C*D)

Managerial

Hours/Year

(E*0.05)

Clerical

Hours/Year

(E*0.10)

Total

Hours/Year

(H=E+F+G)

Total

Costs/Year b

1. Applications N/A N/A N/A N/A N/A N/A N/A N/A N/A

2. Survey and Studies N/A N/A N/A N/A N/A N/A N/A N/A N/A

3. Acquisition, Installation, and Utilization of Technology and 

Systems

N/A N/A N/A N/A N/A N/A N/A N/A N/A

4. Reporting Requirements

A. Read Instructions 1 1 1 6 6.00 0.30 0.60 6.90 648.93

B. Required Activities

 i. Monitoring of Emissions Operations c, d

Slabstock Sources

Metering Pump Calculations 4 2 8 59 472.00 23.60 47.20 542.80 51,048.92

Storage Tank Measurements 1 12 12 59 708.00 35.40 70.80 814.20 76,573.39

 ii. Molded/Rebond Sources Included in 5E

C. Create Information Included in 4B and 5E

D. Gather Existing Information Included in 4B and 5E

E. Write Report

Initial Notification e 2 1 2 0 0.00 0.00 0.00 0.00 0.00

Notification of Modification/Reconstruction a 2 1 2 6 12.00 0.60 1.20 13.80 1,297.85

Precompliance Report 4 1 4 6 24.00 1.20 2.40 27.60 2,595.71

Notification of Compliance Status a

i. Stablestock Foam Producers 16 1 16 3 48.00 2.40 4.80 55.20 5,191.42

ii. Molded/Rebond Foam Producers 4 1 4 3 12.00 0.60 1.20 13.80 1,297.85

Semiannual Reports f 4 2 8 59 472.00 23.60 47.20 542.80 51,048.92

Annual Compliance Certifications g

2 1 2 73 146.00 7.30 14.60 167.90 15,790.56

Notification of Special Compliance Requirements h

2 1 2 0 0.00 0.00 0.00 0.00 0.00

Request for Extension of Compliance, Adjustments to the

 Time Periods, and Changes in Information i

2 1 2 1 2.00 0.10 0.20 2.30 216.31

Change in Selected Compliance Method or Emission Limit j

1 1 1 1 1.00 0.05 0.10 1.15 108.15

Progress Report for Extensions 4 2 8 1 8.00 0.40 0.80 9.20 865.24

Reporting Subtotal 2,198 206,683.25

5. Recordkeeping Requirements

A. Read Instructions Included in 4A

B. Plan Activities Included in 4B

C. Implement Activities Included in 4B

D. Develop Record System 40 1 40 0 0 0.00 0.00 0.00 0.00

E. Time to Enter and Transmit Information: Records of

 Monitoring and Operations k 

Slabstock Foam Producers 8 12 96 59 5,664.00 283.20 566.40 6,513.60 612,587.09

Molded/Rebond Foam Producers 4 1 4 73 292.00 14.60 29.20 335.80 31,581.11

F. Train Personnel 40 1 40 0 0.00 0.00 0.00 0.00 0.00

G. Audits N/A N/A N/A N/A N/A N/A N/A N/A N/A

Recordkeeping Subtotal 6,849 644,168.20

TOTAL ANNUAL BURDEN 9,047 850,851.45

Assumptions:

a) We have assumed that there are approximately 59 existing slabstock foam producers and 73 existing rebond/molded foam producers for a total of 132 existing foam producers (i.e., respondents) 

that are major sources and subject to the NESHAP subpart III. We have further assumed that there will be no new foam producers commencing operations over the period of this ICR. However, 

we have assumed that 6 existing respondents (3 slabstock foam producers and 3 molded/rebound foam producers) a year will be conducting some type of modification but they will continue to 

meet compliance requirements while the reconstruction/modification application is under review. Therefore, the average number of respondents per year for this ICR is estimated to be 132. 

b) This ICR uses the following labor rates: Managerial $114.77 ($54.65 + 110%); Technical $97.59 ($46.47 + 110%); and Clerical $48.26 ($22.98 + 110%). These rates are from the United States
15

Department of Labor, Bureau of Labor Statistics, March 2009, 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. This ICR assumes that Managerial hours are 5 percent of Technical hours, and 

Clerical hours are 10 percent of Technical hours.

c) We have assumed that all slabstock foam producers are meeting the source-wide emission limit and control diisocyanate emissions monitoring, recordkeeping and reporting requirements. 

Molded/rebond foam producers are required to eliminate the use of HAP or HAP-based materials, cleaners or agents and only have recordkeeping and reporting requirements.

d) Sources are required to use Method 21 of Appendix A of part 63 for equipment leaks; Standard Methods for Flexible Cellular Materials for determining foam properties, ASTM D3574-91; 

Method 18 of part 60 for HAP concentration; and Method 25A of 40 CFR part 60 for organic compounds.

e) We have assumed that all existing sources are in compliance with the initial rule requirements.

f) Slabstock foam producers (i.e., 59 respondents) are required to submit semiannual reports.

g) All sources are required to submit compliance certifications annually. However, we have assumed that all of the existing molded foam producer sources that are major sources are collocated at 

slabstock foam production sites, and therefore, there won't be an additional reporting burden due to meeting this requirement concurrently with the semiannual compliance status reports.

h) We have determined that there will be no sources submitting a special compliance report for this ICR since the compliance date for this rule has passed. Owners or operators of an affected source 

for which reconstruction occurs after the proposal date of the subject rule under 40 CFR part 63 and before the promulgation of such rule or before the proposal date of a relevant standard 

established pursuant to section of 112(f) of the Clean Air Act, is required to submit this report, as described in section 63.6(b)(3) and (4) of the General Provisions of part 63.

i) This notification is required when an owner or operator requests approval of an extension of a time period or postmark deadline, according to section 63.9(i) of the General Provisions under 

part 63.

j) We have assumed that one existing source will be changing its compliance period from monthly rolling to annual rolling or vice-versa.

k) The types of records include: storage vessel records; equipment leak records; HAP ABA records for point-specific and source-wide limitations for both rolling annual compliance and monthly 

compliance alternative records; recovery device records, and proper maintenance of product data sheets.

N/A = Not applicable
16

(Renewal)

(A) (B) (C) (D) (E) (F) (G) (H) (I)

Activity

EPA

Hours/

Occurrence

Occurrences/

Plant/Year

EPA

Hours/Year

(C=A*B)

Plants/

Year a

Technical

Hours/Year

(C*D)

Managerial

Hours/Year

(E*0.05)

Clerical

Hours/Year

(E*0.10)

Total

Hours/Year

(H=E+F+G)

Total

Costs/Year b

Initial Notification c 2 1 2 0 0 0.00 0.00 0.00 0.00

Notification of Reconstruction/Modification 2 1 2 6 12 0.60 1.20 13.80 612.62

Pre-compliance Report 2 1 2 6 12 0.60 1.20 13.80 612.62

Notification of Special Compliance Requirements d 2 1 2 0 0 0.00 0.00 0.00 0.00

Notification of Compliance Status d 2 1 2 6 12 0.60 1.20 13.80 612.62

Semiannual Reports e 2 2 4 59 236 11.80 23.60 271.40 12,048.27

Annual Compliance Certifications f 2 1 2 73 146 7.30 14.60 167.90 7,453.59

Change in Selected Compliance Method or Emission Limit g 2 1 2 1 2 0.10 0.20 2.30 102.10

Progress Report for Extensions, Adjustments to Time

 Periods, and Changes in Information g

2 1 2 1 2 0.10 0.20 2.30 102.10

Report Review Subtotal 485 21,543.94

TOTAL ANNUAL BURDEN 485 21,543.94

TABLE 2: AVERAGE ANNUAL EPA BURDEN: NESHAP FOR FLEXIBLE POLYURETHANE FOAM PRODUCT (40 CFR part 63, subpart III)

Assumptions:

a) We have assumed that there are approximately 59 existing slabstock foam producers and 73 existing rebond/molded foam producers for a total of 132 respondents. We have 

further assumed that about 6 existing respondents a year will be conducting some type of modification at its facility and that there will be no new sources over the period of this 

ICR. Therefore, the average number of respondents per year is estimated to be 132. These rates are from the Office of Planning and Management (OPM) A2003 General 

Schedule, which excludes locality rates of pay.

b) This ICR uses the following labor rates: Managerial $61.36 (GS-13, Step 5, $38.35 + 60%); Technical $45.52 (GS-12, Step 1, $28.45 + 60%); and Clerical $24.64 (GS-6, Step 

3, $15.40 + 60%). These rates are from the OPM, 2009 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. This ICR assumes that Clerical hours are 10 percent of Technical hours and Managerial hours are 5 percent of Technical 

hours.

c) We have assumed that all existing sources are in compliance with the initial rule requirements. In addition, we have assumed that facilities seeking to reconstruct will continue 

to meet compliance requirements while application is under review.

d) We have determined that there will be no sources submitting a special compliance report for this ICR since the compliance date for this rule has passed.

e) Slabstock foam producers (i.e., 59 sources) are required to submit semiannual reports.

f) All respondents (i.e., 132 foam producers) are required to submit annual compliance certifications. However, we have assumed that slabstock sources will be complying with 

this requirement concurrently when submitting semiannual reports. Molded foam producers would still need to meet this requirement separately.

g) We have assumed that one existing source will be changing its compliance period from monthly rolling to annual.