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

Forms and Documents

Document Name	Status
1807t10.xlsx Supplementary Document	2022-01-27
1807ss10.docx Supporting Statement A	2022-01-27

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: 202201-2060-016
Status: Received in OIRA	Previous ICR Reference No: 201811-2060-016
Agency/Subagency: EPA/OAR	Agency Tracking No: 1807.10
Title: NESHAP for Pesticide Active Ingredient Production (40 CFR part 63, subpart MMM) (Renewal)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 01/28/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved	03/31/2022
Responses	49	44
Time Burden (Hours)	13,201	12,100
Cost Burden (Dollars)	339,000	26,500

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Abstract: The National Emission Standards for Hazardous Air Pollutants (NESHAP) for Pesticide Active Ingredient Production (40 CFR Part 63, Subpart MMM) apply to existing and new facilities engaged in the production of pesticide active ingredients (PAIs) that emit HAPs. New facilities include those that commenced construction, modification or reconstruction after the date of proposal. In general, all NESHAP standards require initial notifications, performance tests, and periodic reports by the owners/operators of the affected facilities. They are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. These notifications, reports, and records are essential in determining compliance with 40 CFR Part 63, Subpart MMM.

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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:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 19256	04/13/2021
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 4585	01/28/2022
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 Request	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	49	44	0	0	5	0
Annual Time Burden (Hours)	13,201	12,100	0	0	1,101	0
Annual Cost Burden (Dollars)	339,000	26,500	0	0	312,500	0

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

Burden Increase Due to:

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

Burden Reduction Due to:

Short Statement: The increase in burden from the most-recently approved ICR is due to several adjustments. This increase is not due to any program changes. The adjustment increase in burden from the most-recently approved ICR is due to an increase in the number of existing respondents. The number of estimated facilities subjected to this rule has increased to 19 based on a review of EPAs Enforcement and Compliance History Online and data collected during rulemakings for related chemical sectors. Based on comments received from industry, we have also updated the burden to reflect that at least one existing respondent will install a new process unit per year. This ICR adjusts the burden to reflect certain one-time activities for these sources, including submittal of an updated pre-compliance report, notifications of initial performance test or performance evaluation, updates to facility record management systems, and development of a quality assurance/quality control plan for continuous monitoring systems. A slight increase in labor rates from the most-recent Bureau of Labor Statistics report (March 2021) also contributes to the increase in burden costs. This ICR also adjusts the capital and operation and maintenance costs to reflect comments provided by industry. The ICR capital costs have been adjusted to account for at least one existing respondent that will install a new process unit per year. Additionally, this ICR adjusts the operation and maintenance costs for pressure relief device, process vent, and wastewater monitoring based on estimates provided by industry.

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Annual Cost to Federal Government: $15,900

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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? No

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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: 01/28/2022

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