SUPPORTING STATEMENT ENVIRONMENTAL PROTECTION AGENCY NESHAP for Flexible Polyurethane Foam Product (40 CFR P art 6 3, S ubpart III) (Renewal)
1. Identification of the Information Collection 1(a) Title of the Information Collection NESHAP for Flexible Po l yurethane Foam Product (40 CFR P art 6 3, S ubpart III) (Renewal) EPA I CR Number 1783.05; OMB Control Number 2060

- 0357 1(b) Short Characterization/Abstract The Maximum Achievable Control Technology (MACT) standards for Flexible Poly urethane 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 poly urethane foam produ cts which emit hazardous air pollutants (HAPs). This includes facilities making slabstock flexible poly

urethane foam (slabstock foam), rebond flexible poly urethane foam (rebond foam), and/or molded flexible poly urethane foam (molded foam). In general, al l MACT standards require initial notifications, performance tests, and periodic reports. Owners or operators of flexible poly urethane 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. Specificall y, 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 directl y to the United States Environmental Protectio n Agency (EPA) regional office. There are approximately 132 respondents currently subject to the regulation, and it is estimated that no new respondents per ye ar will become subject to the regulation in the next three ye ars. Since there are no changes in the regulatory requirements and we have determined2

that there is no significant industry growth, the labor hours and cost figures in the previous In formation Collection Request ( ICR) are used in this I CR renewal. The burden to the “Affected Public” may

b e found below in Table 1: Annual Respondent Burden and Cos t: NESHAP for Flexible Poly

urethane Foam Product (40 CFR part 63, subpart III) (Renewal)

. The burden to the “Federal g overnment” is attributed entirel y to work performed b y F ederal empl oyees or gov ernment contractors. This burden may be found below in Table 2: Average Annual EPA Burden: NESHAP for Flexible Poly urethane Foam Product (40 CFR part 63, subpart III) (Renewal)

. There are no capital/startup or Operation and Maintenance (O&M) costs associ ated with this regulation. The continuous parameter monitoring equipment used by facilities affected b y this regulation are used to maintain a high level of operational efficiency and would have been installed and maintained with or without regulation. D etails on this estimate can be found in Section 6(b)(iii) of this report. The Office of Management and Budget (OMB) approved the currentl y active IC R 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 La bor, Bureau of Labor Statistics, March 2009, Table 2., labor rates for the respondent labor costs , and the Offic e of Personnel Management (OPM) 2009 General Schedule for the Agency labor costs

. The 132 facilities in the United States, which are respondents to this I CR, are publicl y owned and operated b y flexible poly urethane foam production facilities. None of the facilities are owned b y either state, local and tribal agencies or the Federal g overnment. 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 establis h 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 emissi on 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 moni toring 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 the3 Administrator shall prescribe); (E) keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical; (F) submit compliance certifications in accordance with Section 114(a)(3); and (G) provide such other information as the Administrator may reasonabl y require. In the Administrator's judgment, hazardous air pollutants (HAP) emissions from flexible poly urethane foam production facilities either cause or contribute to air pollution that may reasonabl y 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 poly urethane f

oam production facilities requires not only the installation of properl y designed equipment, but also the operation and maintenance of that equipment. Emissions of HAP from flexible poly urethane 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 s ys tems or carbon ad sorption sy stems 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 a uthority may then inspect the source to check if the pollution control devices are properl y 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 I CR is used by the Agency

to ensure that facilities affected b y 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 directl y 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 has 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 by the Federal standards. Therefore, no4

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 I CR was published in the Federal Register on July 8, 200 9 at 74 FR 3258 1 . No comments were received on the burden published on the Federal Register

. 3(c) Consultations During a previous renewal of this I CR, 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 Ai r Facility Sy stem (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 b y this I CR.
Industry trade associations , such as the Poly urethane Foam Association, and other interested parties were provid ed 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 subm itted in resp onse to the f irst Federal Register n otice and respond appropriatel y. In this ca se, 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 frequentl y, the likelihood of detecting poor operation and maintenance of control equipment and noncompliance would decrease. 3(e) General Guidelines
None o f 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 fiv e years. This is consistent with the General Provisions as applied to the standards. EPA 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. Also, the retention of records5

for five ye ars 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 f

ound that the most flagrant violators frequentl y 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 sensitiv e 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 poly

urethane foam production facilities. The United States Standard Industrial Classification (SI C) code for the respondents affected by the standards is code 3086 which corresponds to the North American Industry Classification Sy stem (NAICS) code 326150 for Urethane and Other Foam Product (except Polysty r ene) Manufacturing. 4(b) Information Requested (i) Data Items All data in this I CR that is recorded and/or reported is required b y National Emissions Standards for Hazardous Air Pollutants (NESHAP) for Flexible Poly urethane 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 compli ance 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 continuou s monitoring sy stem 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 emissio n 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, parame ter 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, onl y the data of the most recent two ye ars 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 moni toring equipment has significantly reduced the burden associated with monitoring and recordkeeping. In addition, some regulatory agencies are setting up electronic reporting s ys tems to allow sources to report electronicall y which is reducing the reporting burden. However, electronic reporting sy stems are still not widely used b y the regulatory agencies. Itis estimated that approximately 10 percent of the respondents use electronic reporting.

(ii) Respondent Activities

Respondent Activities Read instructio ns.7 Respondent Activities Slabstock foam sources shall install, calibrate, maintain, and operate Continuous Monitoring Sy stem (CMS) for flow rate or pump revolutions to monitor continuously the amount of polyol added and for HAP ABA. Performance tests are not required b y 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 (A STM) 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 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 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 ty pe of monitoring equipment has significantly reduced the burden associated with monitoring and recordkeeping. In addition, some regulatory agencies are setting up electronic reporting s ys tems to allow sources to report electronicall y which is reducing the reporting burden. However, electronic reporting sy stems are still not widely used b y 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 di stribution 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 sub mitted by industry

. Audit facility

records. Input, anal yz e, and m aintain data in the Air Facility S ys tem (AFS).8

5(b) Collection Methodology and Management Following notification of startup, the reviewing authority might inspect the source to determin e whether the pollution control devices are properl y installed and operated. Data and records maintained b y 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.
In formation 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 b y 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 b y this regulation must be retained by the owner or operator for five years. 5(c) Small En tity 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 poly urethane foam industry , an anal ys is 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 analy sis 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 busines ses (18 slabstock, 53 molded). Given the results of the analy sis and the us e of worst

- case assumptions in the closure anal ys is, the EPA believes that the affect of the proposed regulation on sm all businesses will be minimal. Based on this information, EPA assumes that approximately 59 percent of currentl y 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. D ue 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 can9

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 Poly urethane 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 burden s for the recordkeeping and reporting requirements applicable to the industry under the NESHAP subpart III standards, 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. 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 t o 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 previousl y approved ICR, and any comments received. 6(b) Estimating Respondent Costs (i) Estimating Labor Costs
This I CR 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 b y 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 activities10

required b y 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 Maintenan ce (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 I CR 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 I CR 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 cost s, 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 I CR. 6(c) Estimating Agency Burden and Cost The only cost s to the Agency

are those costs associated with anal ys is of the reported information. The EPA compliance and enforcement program includes activities such as the examination of records maintained by the respondents, periodic inspection of sources of emissi ons, and the publication and distribution of collected information. The average annual cost to the Federal g overnment during the three years of the I CR is estimated to be $ 21,544 . This cost is based on the average hourl y labor rates below:

Managerial $ 6 1

. 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) 200 9 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 emplo ye es. Details upon which this estimate is based11

appear below in Table 2: Average Annual Burden: NESHAP for Flexible Poly urethane Foam Product (4 0 CFR part 63, subpart III) (Renewal)

. 6(d) Estimating the Respondent Universe and Total Burden and Costs Based on our research for this I CR, 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 ye ars covered b y this I CR. Number of Respondents* Year (A)

Number of Ne w Respondents That Submit Reports (B)

Number of Existing Re spondents 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 subtrac ted. As shown above, the average Number of Respondents over the three

- ye ar period of this I CR is 132. The total number of annual responses per ye ar is calculated using the following table: Total Annual Responses (A) Number of New Respondents * (B)

Num ber 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 * Ne w 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.12

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 Poly urethane 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 publ ic 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 I CR compared to the previous ICR. Thi s is du e to two considerations: 1) the regulations have not changed over the past three ye ars and are not anticipated to c hange 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 increase s in labor cost burden to the Respondents and the Agency are due to labor rate adjustments reflecting rates for fiscal year 2009

. Th e in crease s are not due to any program changes

. Labor rates in the previous ICR were based on fiscal ye ar 2003. 6(g) Burden Statement The annual public reporting and recordkeeping burden for this collection of information is estimated to average 43 hours p er response. Burden means the total time, effort, or financial resources expended b y 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 compl y with any previousl y 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 th e Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the13

use of automated collection techniques, EPA has established a public docket for this I CR under Do cket 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 listin g of the contents of the docket, and to access those documents in the public docket that are available electronically

. When in the sy stem , 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 holiday s. The telephone number for the Reading Room is (202) 566

- 1744, and the telephone number for the docket center i s (202) 566

- 1752 . Also, you can send comments to the Office of Information and Regulato ry 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.14

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/

Yeara 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/Yearb 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 Operationsc, 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 Statusa 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 Operationsk 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 producer s 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 operati ons 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 c onducting 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 $9 7.59 ($46.47 + 110%); and Clerical $48.26 ($22.98 + 110%)

. These rates are from the United States15

Department of Labor, Bureau of Labor Statistics, March 2009, Table 2. Civilian workers, by occupational and industry group. The rates are from column 1, "To tal 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 eli minate 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) Slabs tock 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 mol ded foam producer sources that are major s ources 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 s ources 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 b efore 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 o f part 63. i) This notification is required when an owner or operator request s 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 applicable16

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

Activity EPA Hours/ Occurrence Occurrences/

Plant/Year EPA

Hours/Year (C=A*B) Plants/

Yeara 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 Em ission Limitg 2 1 2 1 2 0.10 0.20 2.30 102.10 Progress Report for Extensions, Adjustm ents 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 TO TAL 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 Plann ing 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 h ours. 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 resp ondents (i.e., 132 foam producers) are required to submit annual compliance certifications. However, we have assumed that sl abstock sources will be complying with this requirement concurrently when submitting semiannual reports. Molded foam producers wou ld 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.