View Information Collection Request (ICR) Package

Abstract: The National Emission Standards for Hazardous Air Pollutants (NESHAP) for Paint Stripping and Miscellaneous Surface Coating at Area Sources (40 CFR Part 63, Subpart HHHHHH) are part of the EPA Integrated Urban Strategy to reduce cancer risk from area sources under Section 112(k)(3)(C) of the Clean Air Act (CAA). These standards apply to existing and new sources 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. 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 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.

ICR Summary of Burden

	Total Request	Previously Approved	Change Due to Adjustment in Estimate
Annual Number of Responses	43,048	43,048	0
Annual Time Burden (Hours)	101,972	169,000	-67,028
Annual Cost Burden (Dollars)	27,150	117,000	-89,850

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: There is an adjustment decrease in the total estimated burden as currently identified in the OMB Inventory of Approved Burdens. This decrease is not due to any program changes. The reason for the change in burden is related to an error in the prior ICR which was corrected in this renewal package. The prior ICR assumed that all sources would submit an annual notification of changes report, but this rule does not require sources to submit an annual report unless a change has occurred in information previously submitted in either the initial notification required by 63.11175(a), Notification of Compliance, or a previous annual notification of changes report. We have adjusted this assumption, and based on OAQPS discussions with industry, we have assumed that 20 percent of existing sources will submit a notification of changes report each year; this includes submittal of a methylene chloride minimization plan for paint stripping sources using more than one ton of methylene chloride in the calendar year. The prior ICR also assumed that no government-owned miscellaneous surface coating operations at area sources would need to update records of painter certification or records of filter efficiency each year. We have revised this assumption and estimate that the proportions of government-owned surface coating sources and commercial surface coating sources that must record this information each year will be the same. Therefore, in line with our assumptions for commercial surface coating sources, we have assumed that 20 percent of painters at government-owned surface coating sources will need to have their records updated each year, and that one percent of government-owned surface coating sources will opt to use filters which will require them to test and record the filter efficiency. This adjustment in the burden estimate for government-owned surface coating sources results in an increase in recordkeeping burden for those sources. However, the overall burden estimate for all types of sources, including government-owned surface coating sources, has still decreased due to our corrected assumption regarding annual notification of changes reports. Therefore, the number of sources predicted by this ICR to submit reports has been greatly reduced, and the associated labor and operation and maintenance costs have seen a corresponding reduction. However, the individual cost per respondent of submitting a notification or report has not changed.

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