SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

NESHAP for the Manufacture of Amino/Phenolic Resins (Revised)

1. Identification of the Information Collection

1(a) Title of the Information Collection

National Emission Standards for Hazardous Air Pollutants (NESHAP) for Manufacture of 

Amino/Phenolic Resins (40 CFR Part 63, Subpart OOO) (Revised), EPA ICR Number 1869.08, 

OMB Control Number 2060-0434. 

1(b) Short Characterization/Abstract

The amendments to this ICR are a result of the review of the existing NESHAP for the 

Manufacture of Amino/Phenolic Resins (40 CFR part 63, Subpart OOO) as required by the Clean 

Air Act. The NESHAP published at 40 CFR part 63, subpart OOO were proposed on December 14, 

1998, and promulgated on January 20, 2000. The current proposed rulemaking applies to 

hazardous air pollutant (HAP) emissions from facilities involved in the manufacture of 

amino/phenolic resins (APR). This information is being collected to assure compliance with 40 

CFR part 63, subpart OOO. Organic HAP emissions are the pollutants regulated under this 

subpart.

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

periodic reports by the owners/operators of the affected facilities. These notifications, reports, and 

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

NESHAP. Semiannual summary reports are also required.

The proposed rulemaking would amend title 40, chapter I, part 63 subpart OOO to include 

emission sources for which standards were not previously developed. The proposed amendments 

also add requirements to monitor each pressure relief device (PRD) that releases to the atmosphere 

using a device or system that is capable of identifying and recording the time and duration of each 

pressure release and of notifying operators that a pressure release has occurred. Information 
2

related to these new provisions is required to be submitted in the semi-annual reports required by 

the existing NESHAP. The proposed amendments also add provisions for facility owners or 

operators to use if they wish to assert an affirmative defense to avoid civil penalties for 

exceedances of the applicable standards that are caused by a malfunction. If these provisions are 

used, the owner or operator is required to meet certain criteria during the malfunction, notify the 

Administrator of malfunctions that may cause an exceedance of the emissions standards, and 

submit a report for the malfunction to the Administrator. We believe that the number of affected 

facilities under this subpart will remain constant for this source category. The overall change in 

burden found in this ICR reflect the provision changes, an update in the cost of labor, and 

corrections to the number of affected facilities found in EPA ICR number 1869.08.

The Office of Management and Budget (OMB) approved the currently active ICR without 

any “Terms of Clearance.” The overall change in burden found in this ICR reflect the provision 

changes, an update in the cost of labor, and corrections to the number of affected facilities found in 

EPA ICR number 1869.08.

The period considered in this ICR and throughout this supporting statement is the first 

three years following the promulgation of the amended Manufacture of Amino/Phenolic Resins 

NESHAP. The estimates of the size of the regulated universe are based on data from the National 

Emissions Inventory (NEI) database. There is an annual average of 18 respondents that will be 

subject to the regulations, except only two facilities have continuous process vents. Due to the 

nature of the industry, it is estimated that no additional sources will become subject to the standard 

over the next three years. 

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 (HAP). These standards are applicable to new or existing sources of HAP 

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

that the Administrator may require any owner or operator subject to any requirement of this Act to:
3

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

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

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

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

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

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

equipment parameters, production variables or other indirect data 

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

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

(G) provide such other information as the Administrator may 

reasonably require.

In the Administrator's judgment, HAP emissions from the manufacture of amino/phenolic 

resins cause or contribute to air pollution that may reasonably be anticipated to endanger public 

health or welfare. Therefore, the NESHAP standards were promulgated for this source category at 

40 CFR part 63, subpart OOO.

2(b) Practical Utility/Users of the Data

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

applicable regulations which were promulgated in accordance with the Clean Air Act. In addition, 

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

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

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

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

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

compliance in place of a continuous emission monitor.

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

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

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

installed and operated, that leaks are being detected and repaired, and that the standards are being 
4

met. The performance test may also be observed.

The required semiannual reports are used to determine periods of excess emissions, 

identify problems at the facility, verify operation/maintenance procedures, 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 NESHAP 

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

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

3(a) Non-duplication

A search of EPA’s existing standards and ongoing ICR’s revealed no duplication of 

information gathering efforts. However, certain reports required by State or local agencies may 

duplicate information required by this NESHAP. In these cases, a copy of the report submitted to 

the State or local agency can be sent to the Administrator in lieu of the report required by the 

Federal standards. Therefore, no duplication exists.

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

This ICR is related to proposed amendments to 40 CFR part 63, subpart OOO for the APR 

source category. Comments will be solicited on the proposal package and the proposed ICR.

3(c) Consultations

Over the next three years, an average of 18 facilities per year will be subject to the standard 

(except only two facilities have continuous process vents), with no additional sources per year 

becoming subject to the standard. In estimating the affected number of sources and the growth rate 

of the amino/phenolic resins manufacturing industry subject to this standard, we referenced the 

most recent ICR, and used other resources to obtain the most recent data available. We reviewed 

information available from the Online Tracking Information System (OTIS) which is the primary 

source of information regarding the number of existing sources. OTIS data was used in 

conjunction with industry consultation to verify the number of sources and the industry growth 
5

rate. 

3(d) Effects of Less Frequent Collection

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

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

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

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

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

detecting violations would be less likely.

3(e) General Guidelines

These reporting or recordkeeping requirements are consistent with the regulations 

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

These standards require the respondents to maintain all records, including reports and 

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

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

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

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

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

has found that the most flagrant violators have violations extending beyond the five years. Without 

the five-year record retention, EPA would be prevented from pursuing the violators due to the 

destruction or nonexistence of essential records.

3(f) Confidentiality

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

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

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

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

March 23, 1979).
6

3(g) Sensitive Questions

None of the reporting or recordkeeping requirements contain sensitive questions.

4. The Respondents and the Information Requested

4(a) Respondents

The respondents affected by the amendments to 40 CFR part 63, subpart OOO are facilities 

that manufacture amino/phenolic resins. The United States Standard Industrial Classification (SIC) 

codes, which correspond to the North American Industry Classification System (NAICS) codes, 

could be found in the following table:

Manufacture of Amino/Phenolic Resins (40 CFR part 63, 

subpart OOO)

SIC Codes

NAICS 

Codes

Plastics Material and Resin Manufacturing 2821 325211

4(b) Information Requested

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

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

(i) Data Items

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

Standards for Hazardous Air Pollutants for the Manufacture of Amino/Phenolic Resins (40 CFR 

part 63, subpart OOO).

A source must make the following reports:

Reports for 40 CFR part 63, subpart OOO

Notification of intent to construct or reconstruct 63.5, 63.1417(d)

Notification and report of construction date 63.5, 63.1400(j)

Notification of anticipated startup 63.5, 63.1400(j)

Actual startup notification 63.5, 63.1400(j)
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Notification of modification 63.5, 63.1400(j)

Notification and report of performance test and results 63.7(b), 63.1417(e)

Pre-compliance report 63.1417(d)

Notification and report of compliance status 63.1417(e)

Periodic reports (semiannual) including statement of compliance 

(if no exceedances occurred), daily, hatch cycle, and block 

average monitoring data for any periods where exceedances or 

excursions occur, periods of monitoring system downtime.

63.1417(f)

Quarterly reports upon request of the Administrator 63.1416(f)(2)

Notification of storage vessel inspection 63.1417(h)(1)

Site-specific test plan 63.1417(h)(2)

Notification of planned performance test 63.1417(h)(3)

Notification of change in primary product 63.1417(h)(4), 

63.1400(g)(7-8)

Notification of added emission points 63.1417(h)(5)

Notification that a small control device has been re-designated as 

a large control device 63.1417(h)(6)

Notification of process change 63.1417(h)(7)

Pressure relief device deviation report 63.1417(h)(8)

A source must keep the following records:

Recordkeeping for 40 CFR part 63, subpart OOO

Five-year retention of records 63.1416(a)

Records of monitored values, maintenance, and malfunction 

records 63.1416(b), 63.6

Monitoring records 63.1416(c)

Batch process vent records 63.1416(d)

Aggregate batch vent stream records 63.1416(e)

Continuous process vent records 63.1416(f)

Other records or documentation 63.1416(g)

Reduced recordkeeping program 63.1416(h)
8

Electronic Reporting

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

automated way, e.g., leaks and spills of mercury. 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. However for this rule, we are only proposing 

electronic reporting of performance tests. 

(ii) Respondent Activities

Respondent Activities

Read instructions

Install, calibrate, maintain, and operate compliance monitoring system (CMS) for pH, flow, 

temperature, or specific gravity, or organic monitoring device for control options as applicable

Perform initial performance test, Reference Method 1, 1A, 2, 2A, 2C, 2D, 3, 4, 18, 308, 316, or 320 

tests as applicable and repeat performance tests if necessary

Write the notifications and reports listed above

Enter information required to be recorded above

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

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

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

Transmit, or otherwise disclose the information

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.
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Agency Activities

Observe initial performance tests and repeat performance tests if necessary.

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

affirmative defense reports, and quality control plan for CMS required to be submitted by 

industry.

Audit facility records.

Maintain data in the CDX

5(b) Collection Methodology and Management

Information contained in the reports will be required to submit records electronically to 

EPA’s Central DATA Exchange (CDX) using the Electronic Reporting Tool. The Central Data 

Exchange (CDX) enables fast, efficient and more accurate environmental data submissions from 

state and local governments, industry and tribes to the Environmental Protection Agency (EPA) 

and participating program offices. EPA's CDX is the point of entry on the Environmental 

Information Exchange Network (Exchange Network) for environmental data submissions to the 

Agency. CDX works with both EPA program offices looking for a way to better manage incoming 

data, and stakeholders looking for a way to reduce burden from reporting requirements. 

5(c) Small Entity Flexibility

The impact on small entities was taken into consideration during the development of the 

regulation. Due to technical considerations involving the process operations and the type 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. 

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 of Reporting and Recordkeeping 

Requirements for the Proposed NESHAP for the Manufacture of Amino/Phenolic Resins (40 CFR 

Part 63, Subpart OOO) (Revised).
10

6. Estimating the Burden and Cost of the Collection

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

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

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

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

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

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

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

6(a) Estimating Respondent Burden

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

and reporting requirements is estimated to be 1,178 (Total Labor Hours from Table 1). These 

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

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

approved ICR, and any comments received.

6(b) Estimating Respondent Costs

(i) Estimating Labor Costs

This ICR uses the following labor rates: $54.66 per hour for technical labor, $115.96 per 

hour for management labor, and $38.14 for clerical labor. The rates have already been increased by 

110 percent to account for the benefit packages available to those employed by private industry. 

These rates are from the May 2012 National Occupational Employment and Wage Estimates 

United States for Production Occupations (http://www.bls.gov/oes/current/oes_nat.htm#51-0000).

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

The type of industry costs associated with the information collection activities in the 

subject standard are 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 
11

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

As part of the proposed amendments to the APR NESHAP, facility owners or operators are 

required to monitor each PRD that releases to the atmosphere using a device or system that is 

capable of identifying and recording the time and duration of each pressure release and of 

notifying operators that a release has occurred. For purposes of estimating the costs of this 

requirement, we assumed that operators would install electronic indicators on each PRD in organic 

HAP service that vents to the atmosphere. The cost of each monitoring system depends on the 

number of PRDs at the facilities. The total cost for these capital expenditures for the 18 facilities in 

the APR source category is estimated to be $394,542. For continuous process vents, facility 

owners or operators would also be required to install controls to reduce HAP emissions by 85 

percent. The capital costs associated with this requirement, assuming scrubbers would be used to 

attain this emissions reduction, are estimated to be $1.1 million for the two facilities in the APR 

source category that have these types of process vents. There are also proposed standards for 

storage vessels at existing facilities. However, our data indicate that all storage vessels subject to 

the proposed standards are already in compliance, and no capital or annual costs are expected.

Annualized costs are calculated by multiplying the capital recovery factor by the capital 

cost. The capital recovery factor is 0.1098 based on an interest rate of 7 percent and an assumed 

equipment life of 15 years. The total annualized capital cost for the PRD monitors and continuous 

process vents requirements for the APR source category is $397,522. 

The annual operation and maintenance costs are the ongoing costs to maintain monitors 

and other costs such as photocopying and postage. Based on a previous ICR for the Pesticide 

Active Ingredient source category, which estimated the annual O&M costs to be $1,450 per source 

in 2011 dollars, inflating this number from 2011 dollars to 2013 dollars gives $1,505 per source. 

The total annual O&M cost for the APR source category is $27,090.
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(iii) Capital/Startup and Operation and Maintenance (O&M) Costs

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

(A)

Item

(B)

Capital/

Startup Cost 

for One 

Respondent

(C)

Number of 

Respondentsa

(D)

Total 

Capital/

Startup Cost 

(B X C) 

(E)

Annual Costs 

for One 

Respondent 

(F)

Number of 

Respondents 

a 

(G)

Total 

Annual 

Cost

(E X F)

O&M $0 0 $0 $1,505 18 $27,090

Continuous process 

vents scrubber 

systems

$1,106,750b1 $1,106,750 $340,544b1 $340,544

pH Monitor $1,000 2 $2,000 $300 2 $600

Liquid flow monitor $500 2 $1,000 $100 2 $200

Monitoring 

equipment (PRD) $21,919 18 $394,542 $3,121 18 $56,178 

Total $1,504,292 $424,612

a We assume that there are 18 facilities in the Amino/Phenolic Resins category, however only 2 facilities operate 

continuous process vents.

b Combined costs for both facilities.

The total capital/startup costs for this ICR are $1,504,292. This is the total of column D in 

the above table. The total annualized capital costs and operation and maintenance (O&M) costs for 

this ICR are $424,612 and are shown in column G.

(iv) Affirmative Defense/Root Cause Analysis/Malfunction Costs.

The EPA’s estimate for an affirmative defense and root cause analysis in the table below is 

based on general experience to calculate the time and effort required of a source to review relevant 

data, interview plant employees, and reconstruct the events prior to a malfunction in order to 

determine primary and contributing causes. The level of effort also includes time to produce and 

retain the report in document form so that the source will have it available should EPA or state 

enforcement agencies ever request to review it.

The labor rates used to estimate the costs for preparing an affirmative defense have been 

increased by 110 percent to account for the benefit packages available to those employed by 
13

private industry. These rates are from the May 2012 National Occupational Employment and 

Wage Estimates United States for Production Occupations 

(http://www.bls.gov/oes/current/oes_nat.htm#51-0000).

Personnel Number of 

Personnel

Time 

Requirement 

(hours)

Total 

Hours

Hourly Rate 

($/hr)

Total

Technical Personnel 3 6 18 $54.66 $984

Managerial Personnel 2 6 12 $111.96 $1,392

Total 5 30 $2,375

6(c) Estimating Agency Burden and Cost

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

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

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

emissions; and the publication and distribution of collected information.

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

$15,443.

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

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

Technical $46.21 (GS-12, Step 1, $28.88 + 60%)

Clerical $25.01 (GS-6, Step 3, $15.63 + 60%)

These rates are from the Office of Personnel Management (OPM), 2013 General Schedule, 

which excludes locality rates of pay 

(http://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/2013/general-schedule/201

3-gs-hourlyovertime-rates-by-grade-and-step/). The rates have been increased by 60 percent to 

account for the benefit packages available to government employees. 

Details upon which this estimate is based appear below in Table 2: Average Annual EPA 

Burden for the Proposed NESHAP for the Manufacture of Amino/Phenolic Resins (40 CFR Part 

63, Subpart OOO) (Revised).
14

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

The number of respondents was updated based on the NEI database, which was used 

during the analysis to determine the MACT and information from the industry. The number of 

respondents is calculated using the following table which addresses the 3 years covered by this 

ICR. Over the three year period of this ICR, we expect 18 existing facilities to be respondents. 

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

YEAR

(A) (B) (C) (D) (E)

Number of New 

Respondents

Number 

Existing 

Respondents

Number of 

Existing 

Respondents 

That Keep 

Records But Do 

Not Submit 

Reports

Number of 

Existing 

Respondents 

That Are Also 

New 

Respondents

Number of 

Respondents 

(E=A+B+C-D)

1 0 18 0 0 18

2 0 18 0 0 18

3 0 18 0 0 18

Avg 0 18 0 0 18

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 18.

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

Total Annual Responses

(A)

Information Collection Activity

(B)

Number of 

Respondents

(C)

Number of 

Responses

(D)

Number of 

Existing 

Respondents That 

Keep Records But 

Do Not Submit 

Reports

(E)

Total 

Annual 

Responses

E=(BxC)

Affirmative Defense 1 1 N/A 1

Semiannual periodic report 18 2 0 36

Total Number of Annual Responses 37

The number of Total Annual Responses is 37.

The total annual labor costs are $66,522 for 1,178 labor hours. Details regarding these 

estimates may be found below in Table 1: Annual Respondent Burden and Cost of Reporting and 
15

Recordkeeping Requirements for the Proposed NESHAP for the Manufacture of Amino/Phenolic 

Resins (40 CFR Part 63, Subpart OOO) (Revised).

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

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

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

(i) Respondent Tally

The total annual labor hours are 1,178. Details regarding these estimates may be found 

below in Table 1: Annual Respondent Burden and Cost of Reporting and Recordkeeping 

Requirements for the Proposed NESHAP for the Manufacture of Amino/Phenolic Resins (40 CFR 

Part 63, Subpart OOO) (Revised). Furthermore, the annual public reporting and recordkeeping 

burden for this collection of information is estimated to average 32 hours per response. The total 

annual capital/startup and Operation and Maintenance (O&M) costs to the regulated entity are 

$424,6112.

(ii) The Agency Tally

The average annual Agency burden and cost over next three years is estimated to be 343 

labor hours at a cost of $15,443. See below Table 2: Average Annual EPA Burden for the 

Proposed NESHAP for the Manufacture of Amino/Phenolic Resins (40 CFR Part 63, Subpart 

OOO) (Revised).

6(f) Reasons for Change in Burden

The proposed rulemaking would amend title 40, chapter I, part 63 subpart OOO to include, 

emission sources for which standards were not previously developed and requirements to monitor 

PRDs. Burden changes associated with these proposed amendments would result from new 

recordkeeping and reporting requirements associated with the PRD monitoring requirements and 

affirmative defense provisions for all facilities subject to the APR MACT standards. In addition, 

we estimate that two facilities will be subject to recordkeeping, reporting and monitoring 

requirements associated with the control of certain continuous process vents. The overall change 
16

in burden found in this ICR reflect the provision changes, an update in the cost of labor, and 

corrections to errors found in EPA ICR number 1869.08. 

The EPA also provides an adjustment to this ICR that estimates the costs of the notification, 

recordkeeping and reporting requirements associated with the assertion of the affirmative defense. 

The EPA’s estimate for the required notification, reports and records, including the root cause 

analysis, associated with a single incident totals approximately $2,375 and is based on the time and 

effort required of a source to review relevant data, interview plant employees, and document the 

events surrounding a malfunction that has caused an exceedance of an emission limit. The estimate 

also includes time to produce and retain the records and reports for submission to the EPA. For the 

purpose of estimating the annual burden, the EPA is attributing a total of 3 instances of affirmative 

defense over a 3 year period across all sources in the category. The EPA is using this frequency of 

3 events in 3 years, because of the number of excess emission events reported by source operators, 

only a small number would be expected to result from a malfunction, and only a subset of excess 

emissions caused by malfunctions would result in the source choosing to assert the affirmative 

defense. Thus we believe the number of instances in which source operators might be expected to 

avail themselves of the affirmative defense will be extremely small.

6(g) Burden Statement

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

estimated to average 32 hours per response. Burden means the total time, effort, or financial 

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

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

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

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

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

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

complete and review the collection of information; and to 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 
17

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

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

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

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

ID Number EPA-HQ-OECA-2009-0388. An electronic version of the public docket is available at 

http://www.regulations.gov/ which may be used to obtain a copy of the draft collection of 

information, submit or view public comments, access the index listing of the content of the docket, 

and to access those documents in the public docket that are available electronically. When in the 

system, select “search” than key in the docket ID number identified in this document. The 

documents are also available for public viewing at the Enforcement and Compliance Docket and 

Information Center in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 

Constitution Avenue, N.W., Washington, DC. The EPA Docket Center Public Reading Room is 

open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The 

telephone number for the Reading Room is (202) 566-1744, and the telephone number for the 

Enforcement and Compliance Docket and Information Center Docket is (202) 566-1752. Also, 

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

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

for EPA. Please include the EPA Docket ID Number EPA-HQ-OECA-2009-0388 and OMB 

Control Number 2060-0417 in any correspondence.

Part B of the Supporting Statement

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

information.
18

Table 1: Annual Respondent Burden and Cost of Reporting and Recordkeeping Requirements for the Proposed NESHAP for 

the Manufacture of Amino/Phenolic Resins (40 CFR Part 63, Subpart OOO) (Revised)

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

Person- No. of Person-hours Respondents Technical Management Clerical Cost,$ (c)

Burden Item hours per occurrences per source per year person-hours person-hours person-hours

occurrence per source per year per year per year per year

(a) per year (b) (C=AxB) (E=CxD) (Ex0.05) (Ex0.1)

1. Applications N/A

2. Survey and Studies N/A

3. Reporting Requirements N/A

A. Read instructions N/A

B. Plan activities N/A

C. Training N/A

D. Create information N/A

E. Gather existing information N/A

F. Write report N/A

Precompliance report N/A

Notification of compliance status (PRDs) 4 1 4 18 72 3.6 7.2 $4,628

Notification of compliance status (Storage vessels) 4 1 4 18 72 3.6 7.2 $4,628

Notification of compliance status (Continuous process vents) 4 1 4 2 8 0.4 0.8 $514

Semiannual summary report (PRDs) 5.5 2 11 18 198 9.9 19.8 $12,726

Semiannual summary report (Storage vessels) 5.5 2 11 18 198 9.9 19.8 $12,726

Semiannual summary report (Continuous process vents) 5.5 2 11 2 22 1.1 2.2 $1,414

Reports of malfunctions

Other reports

Affirmative defense (e) 30 1 30 1 18 12 0 $2,375

REPORTING SUBTOTAL (Rounded) 686 $39,012

4. Recordkeeping Requirements

A. Read instructions N/A

B. Plan activities N/A

C. Implementation activities
19

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

Person- No. of Person-hours Respondents Technical Management Clerical Cost,$ (c)

Burden Item hours per occurrences per source per year person-hours person-hours person-hours

occurrence per source per year per year per year per year

(a) per year (b) (C=AxB) (E=CxD) (Ex0.05) (Ex0.1)

Malfunction records N/A

Storage vessel records 4 2 8 18 144 7.2 14.4 $9,256

Continuous process vent records 4 2 8 2 16 0.8 1.6 $1,028

Pressure Relief Devices 2 1 2 18 36 1.8 3.6 $2,314

D. Develop record system

Record/disclose information

Store, file, and maintain information

Pressure relief devices 2 1 2 18 36 1.8 3.6 $2,314

E. Time to enter information

Malfunction records

Storage vessel records 4 2 8 18 144 7.2 14.4 $9,256

Continuous process vent records 4 2 8 2 16 0.8 1.6 $1,028

Pressure relief devices 2 1 2 18 36 1.8 3.6 $2,314

F. Time to train personnel N/A

G. Time for audit N/A

RECORDKEEPING SUBTOTAL (Rounded) 492 $27,510

TOTAL LABOR BURDEN AND COST (Rounded) 1,178 $66,522

N/A = Not Applicable.

(a) Estimate of burden for each activity, technical hours only.

(b) Estimate based on average facilities.

(c) Costs are rounded and based on the following hourly rates: Technical at $54.66, Management at $115.96, and Clerical at $38.14 from May 2012 National Occupational 

Employment and Wage Estimates United States - Production Occupations. Mean Hourly Rate (http://www.bls.gov/oes/current/oes_nat.htm#51-0000).

(d) Assumes 1 affirmative defense report for entire industry during each year of the 3-year ICR period. For affirmative defense, hours required assumes 18 hours technical, 12 hours 

management, and 0 hours clerical for each instance of affirmative defense. Formulas not followed for person hours per year
20

Table 2: Average Annual EPA Burden for the Proposed NESHAP for 

the Manufacture of Amino/Phenolic Resins (40 CFR Part 63, Subpart OOO) (Revised)

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

EPA person- No. of EPA person- Plants Technical Management Clerical Cost,$ (a)

Burden Item hours per occurrences hours per per person-hours person-hours personoccurrence per plant plant per year per year per year hours per

per year year (E=CxD) (Ex0.05) year

(C=AxB) (Ex0.1)

Initial performance test N/A

Repeat performance test 20 1 20 0.9 18 0.9 1.8 $933

REPORT REVIEW

Notification of construction/reconstruction N/A

Notification of anticipated startup N/A

Notification of actual startup N/A

Notification of modification N/A

Notification of compliance status N/A

Notification of performance test 4 1 4 2 8 0.4 0.8 $415

Notification of process change N/A

Notification of inspection of storage vessel N/A

Notification of change in primary product N/A

Pre-compliance report N/A

Storage vessel initial compliance demonstration N/A

Semiannual summary report 4 2 8 18 144 7.2 14.4 $7,462

Reports of malfunctions 2 2 4 18 72 3.6 7.2 $3,731

Other reports 2 2 4 18 72 3.6 7.2 $3,731

Affirmative defense 2 1 2 1 2 0.1 0.2 $104

TOTAL ANNUAL EPA BURDEN AND COST (Rounded) 343 $15,443

(a) Agency labor rates are from the Office of Personnel Management (OPM) 2013 General Schedule which excludes locality rates of pay. Salary Table 2013-GS. Labor 

rates are inflated to reflect average locality pay increase from base rates. Available at 

http://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/2013/general-schedule/2013-gs-hourlyovertime-rates-by-grade-and-step/