NESHAP for Paint Stripping and Miscellaneous Surface Coating at Area Sources (40 CFR part 63, subpart HHHHHH) (Proposed Rule)
Revision of a currently approved collection
No
Regular
Comment filed on proposed rule and continue
06/23/2022
03/31/2022
In accordance with 5 CFR 1320, OMB is filing comment and withholding approval at this time. The agency shall examine public comment in response to the proposed rulemaking and include in the supporting statement of the next ICR--to be submitted to OMB at the final rule stage--a description of how the agency has responded to any public comments on the ICR, including comments on maximizing the practical utility of the collection and minimizing the burden.
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
03/31/2022
36 Months From Approved
08/31/2024
43,048
0
43,048
169,000
0
169,000
117,000
0
117,000
The current National Emission Standards for Hazardous Air Pollutants (NESHAP) for the regulations published at 40 CFR Part 63, Subpart HHHHHH were proposed on September 9, 2007, and promulgated on January 9, 2008. These regulations apply to existing facilities and new facilities that conduct paint stripping operations using methylene chloride (MeCl)-containing paint strippers, motor vehicle and mobile equipment surface coating operations, and miscellaneous surface coating operations located at area sources. New facilities include those that commenced construction, modification or reconstruction after the date of proposal. This information is being collected to assure compliance with 40 CFR Part 63, Subpart HHHHHH.
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, and are required of all affected facilities subject to NESHAP.
Any owner/operator subject to the provisions of this part shall maintain a file containing these documents, and retain the file for at least five years following the generation date of such maintenance reports and records. All reports are sent to the delegated state or local authority. In the event that there is no such delegated authority, the reports are sent directly to the United States Environmental Protection Agency (EPA) regional office.
The EPA is proposing amendments to 40 CFR Part 63, Subpart HHHHHH, including changes to electronic reporting requirements for all affected sources, and a simplified petition for exemption process for motor vehicle or mobile equipment surface coating operations that do not spray apply any coatings that contain the target HAP. The changes to the exemption process are expected to reduce burden, but the burden impact associated with these changes is not included in this document since the exemption process is optional. The EPA is also proposing to clarify text, remove outdated cross-references, and update filter test methods in the rule. In addition, EPA is acknowledging the elimination of the startup, shutdown, and malfunction (SSM) exemption in this rule, consistent with revisions that were made to the General Provisions to ensure consistency with the decision in Sierra Club v. EPA, 551 F. 3d 1019 (D.C. Cir. 2008). The remaining portions of the NESHAP remain unchanged. This information collection request (ICR) documents the recordkeeping and reporting requirements and incremental burden imposed by the proposed amendments only. This ICR includes the burden for all activities that will be conducted in the first three years following promulgation of the proposed amendments. The only proposed amendments that affect recordkeeping and reporting are the changes to electronic reporting requirements and the simplified exemption process.
There is a one-time burden to industry associated with the proposed amendments. This burden is due to the assumption that existing subject respondents will spend 4 hours in the first year following the promulgation of the proposed amendments to familiarize with the rule revisions and the associated electronic reporting system. Since the previous ICR assumed that existing respondents would spend 1 hour per year familiarizing with the rule requirements, the incremental burden for the proposed changes is 3 hours for each affected source. These amendments will not impact the burden on respondents in later years because they do not impose additional reporting or recordkeeping requirements, nor will they impact the burden on new respondents since new respondents are already expected to familiarize with the rule in the year they become subject to the subpart.
The only other impact to burden is related to changes in electronic reporting requirements due to the proposed amendments, which will result in a reduction in O&M costs. The operation and maintenance costs currently associated with this standard are related to photocopying and postage for notifications of compliance status required in 40 CFR 63.9(h) and 63.11175(b), the annual notification of changes report required in 40 CFR 63.111176(a), and the MeCl minimization plan report required in 40 CFR 63.11176(b). Under the proposed amendments, respondents will no longer be required to mail in physical copies of these reports and notifications, which will result in a reduction in costs by eliminating the only operation and maintenance costs associated with the standard.
$1,110,000
No
No
No
No
No
No
No
Courtney Kerwin 202-566-1669
Reginfo record details
No
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:
(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;
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.
2268t05.xlsx
2268ss05.docx
NESHAP for Paint Stripping and Miscellaneous Surface Coating at Area Sources (40 CFR Part 63, Subpart HHHHHH) (Proposed Amendments)