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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
2060-0370
ICR Reference No:
202201-2060-016
Status:
Active
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
OIRA Conclusion Action:
Approved without change
Conclusion Date:
05/20/2022
Retrieve Notice of Action (NOA)
Date Received in OIRA:
01/28/2022
Terms of Clearance:
In accordance with 5 CFR 1320, the information collection is approved for three years. As terms of clearance, upon renewal of this collection, EPA is required to include the following in its supporting statement for this and other NESHAP ICRs: (1) a description of the regulatory text applicable to the ICR including submission specifications; (2) a clear description of the data elements being collected under the ICR; (3) screen shots of the electronic portal where the reporting requirements are submitted to EPA (with the control number and burden statement); (4) a detailed discussion of how information is submitted and the extent to which electronic reporting is available; (5) evidence of consultation with respondents (by actively reaching out to stakeholders as permitted by the PRA) to ensure the supporting statement's accuracy on availability of data, frequency of collection, clarity of instructions, accuracy of burden estimate, relevance of data elements, and similar PRA matters; and (6) discussion of how EPA addressed substantive concerns raised by respondents and other stakeholders during consultation and in response to comments received on FR notices. In addition, please convert the supporting statement to the standard 18 question SS-A format upon renewal.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
05/31/2025
36 Months From Approved
05/31/2022
Responses
49
0
44
Time Burden (Hours)
13,201
0
12,100
Cost Burden (Dollars)
339,000
0
26,500
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.
Authorizing Statute(s):
US Code:
42 USC 7401
Name of Law: Clean Air Act
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
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
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)
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
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.
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
Agency Contact:
Muntasir Ali 919 541-0833
Common Form ICR:
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:
(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