NESHAP for Pesticide Active Ingredient Production (40 CFR part 63, subpart MMM) (Final Rule)

Forms and Documents

Document Name	Status
1807ss07.docx Supporting Statement A	2014-03-28

IC Document Collections

IC ID	Document Title	Status
24529	NESHAP for Pesticide Active Ingredient Production (40 CFR part 63, subpart MMM)	Modified

ICR Details

OMB Control No: 2060-0370	ICR Reference No: 201403-2060-013
Status: Historical Active	Previous ICR Reference No: 201110-2060-002
Agency/Subagency: EPA/OAR	Agency Tracking No: 1807.07
Title: NESHAP for Pesticide Active Ingredient Production (40 CFR part 63, subpart MMM) (Final Rule)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 05/06/2015
	Date Received in OIRA: 03/28/2014
Terms of Clearance: Terms of the previous clearance remain in effect. OMB notes that this submission was based on a final rule and that EPA was not requesting an extension to the current expiration date.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2015	01/31/2015	05/31/2015
Responses	85	0	64
Time Burden (Hours)	12,088	0	3,666
Cost Burden (Dollars)	235,908	0	19,875

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Abstract: The EPA is finalizing revisions for the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Pesiticde Active Ingredient Production. Potential respondents subject to the new requirements of the NESHAP include an estimated 18 existing facilities that produce pesticide active ingredient. No burden estimates are provided for new sources because no new facilities are expected to be affected sources during the next 3 years. To ensure compliance with the final rule requirements, facility owners or operators are required to monitor each PRD with equipment that would be able to identify and record the time and duration of each pressure release and notify operators that a pressure release has occurred. Information related to these new provisions is required to be submitted in the semi-annual reports required by the existing Pesticide Active Ingredient NESHAP. The final 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, to include a root cause analysis of the malfunction, within certain timeframes.

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Authorizing Statute(s): US Code: 42 USC 7401 Name of Law: Clean Air Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2060-AR02	Final or interim final rulemaking	79 FR 17339	03/27/2014

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	79 FR 17339	03/27/2014
30-day Notice:	Federal Register Citation:	Citation Date:
	77 FR 1267	01/19/2012
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
NESHAP for Pesticide Active Ingredient Production (40 CFR part 63, subpart MMM)

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	85	64	0	21	0	0
Annual Time Burden (Hours)	12,088	3,666	0	8,422	0	0
Annual Cost Burden (Dollars)	235,908	19,875	0	216,033	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This is a revised data collection due to amendments to the rule. There are additional recordkeeping and reporting requirements resulting from the final amendments and the overall estimated burden has also increased because there are more major source facilities than previously estimated.

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Annual Cost to Federal Government: $11,940

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 03/28/2014

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