View Information Collection Request (ICR) Package

OMB Control No: 2060-0607	ICR Reference No: 202203-2060-016
Status: Historical Inactive	Previous ICR Reference No: 201812-2060-002
Agency/Subagency: EPA/OAR	Agency Tracking No: 2268.07
Title: NESHAP for Paint Stripping and Miscellaneous Surface Coating at Area Sources (40 CFR part 63, subpart HHHHHH) (Proposed Rule)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 06/23/2022
Retrieve Notice of Action (NOA)	Date Received in OIRA: 03/31/2022
Terms of Clearance: 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.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2022	36 Months From Approved	05/31/2024
Responses	43,048	0	43,048
Time Burden (Hours)	169,000	0	169,000
Cost Burden (Dollars)	117,000	0	117,000

Abstract: 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.

Authorizing Statute(s): US Code: 42 USC 7401 et seq Name of Law: CAA

Citations for New Statutory Requirements: None

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2060-AV34	Proposed rulemaking	86 FR 66130	11/19/2021

Federal Register Notices & Comments
Did the Agency receive public comments on this ICR? No

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

Burden Increase Due to: Changing Regulations

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

Burden Reduction Due to:

Short Statement: 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.

Annual Cost to Federal Government: $1,110,000

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: Courtney Kerwin 202-566-1669

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