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OMB Control No: 2060-0516	ICR Reference No: 202111-2060-003
Status: Active	Previous ICR Reference No: 201903-2060-010
Agency/Subagency: EPA/OAR	Agency Tracking No: 2027.10
Title: NESHAP for Flexible Polyurethane Foam Fabrication (40 CFR part 63, subpart MMMMM) (Final Rule)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 11/26/2024
Retrieve Notice of Action (NOA)	Date Received in OIRA: 02/03/2022
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	11/30/2027	04/30/2022	11/30/2024
Responses	13	0	245
Time Burden (Hours)	112	0	22,200
Cost Burden (Dollars)	10,100	0	34,500

Abstract: This supporting statement addresses information collection activities that will be imposed by amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for the Flexible Polyurethane Foam Fabrication Operations source category, 40 CFR part 63, subpart MMMMM, referred to as the Flexible Foam Fabrication Operations NESHAP. These amendments were proposed by notice published in the Federal Register on January 11, 2021 (86 FR 1868).The original Flexible Foam Fabrication NESHAP standards were proposed on August 8, 2001 (66 FR 41729), promulgated on April 14, 2003 (68 FR 18062), and amended on April 20, 2006 (71 FR 20470). This subpart applies to each existing, new, or reconstructed affected source at facilities engaged in flexible polyurethane foam fabrication. For the purpose of the rule, flexible polyurethane foam fabrication is further divided into the following two types of affected sources: 1) loop slitter adhesive use; and 2) flame lamination. New facilities include those that commenced construction, modification, or reconstruction after August 8, 2001. This information is being collected to assure compliance with 40 CFR Part 63, Subpart MMMMM. As part of the residual risk and technology reviews (RTR) for the NESHAP, the Environmental Protection Agency (EPA) is amending the rule to: correct and clarify regulatory provisions related to emissions during periods of startup, shutdown, and malfunction (SSM); add requirements for electronic reporting of performance test results and other compliance-related reports; include additional requirements for applicability/compliance performance testing; and add an emission limitation for specified affected sources. This information collection request documents the recordkeeping and reporting requirements and burden imposed by these amendments. In general, all NESHAP standards require initial notification reports, performance tests, and periodic reports by the owners/operators of the affected facilities. These notifications, reports, and records are essential in determining compliance and are required of all affected facilities subject to the NESHAP.

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to Agency Discretion	Change Due to Adjustment in Estimate
Annual Number of Responses	13	245	0	-232
Annual Time Burden (Hours)	112	22,200	-13	-22,075
Annual Cost Burden (Dollars)	10,100	34,500	-24,400	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: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: The amendments to the Flexible Polyurethane Fabrication Operations NESHAP (40 CFR part 63, subpart MMMMM) addressed in this ICR: correct and clarify regulatory provisions related to emissions during periods of startup, shutdown, and malfunction (SSM); add requirements for electronic reporting of performance test results and other compliance-related reports; include additional requirements for compliance performance testing; and add an emission limitation for specified affected sources. In the subject rule, pursuant to CAA section 112(d)(2) and (3), EPA is adding an emission limitation for existing flame lamination lines. The EPA also requires that owners or operators of all facilities that perform flame lamination subject to the rule conduct performance tests every 5 years to demonstrate continued compliance with the NESHAP. The respondent burden estimates for the subject rule requirements include: becoming familiar with the new reporting and recordkeeping requirements; providing notification of compliance status and performance tests; conducting performance tests for flame lamination lines; recording information; and submitting compliance reports for all sources. The Delegated Administrator/Agency burden estimates for the requirements include: reviewing the initial performance test report, reviewing entering and updating information into the appropriate recordkeeping system; and reviewing compliance status and reports for all sources. Adjustments for these amendments are reflected in Attachment 1 to this ICR Supporting Statement. This ICR reflects an overall decrease in the total estimated annual respondent burden ( 22,101 hours and $2,539,500) as compared to the previous (currently approved) ICR, which is identified in the OMB Inventory of Approved Burdens. The change in respondent burden can be attributed in part to Agency estimate (an average annual decrease of 22,063 hours and average annual decrease of $2,543,700) and in part to Agency discretion (an average annual decrease of 38 hours and average annual increase of $4,200). There is similarly an overall decrease in the total estimated annual Agency burden ( 2,539 hours and $120,440) as compared to the previous ICR. The change in Agency labor burden can be attributed in part to Agency estimate (an average annual decrease of 2,520 hours and average annual decrease of $119,500) and in part to Agency discretion (an average annual decrease of 19 hours and average annual decrease of $940). The breakdown between Agency estimate and Agency discretion is explained as follows. Attributed to Agency estimate are changes due to industry consolidation or due to adjustments made to the ICR that are unrelated to the subject RTR amendments. A significant decrease in both respondent burden and Agency burden is due to a decrease in the number of sources subject to requirements under 40 CFR Part 63, Subpart MMMMM, with now three facilities (vs. earlier 20). EPA has made the adjustment to account for industry consolidation that has occurred since the ICR was last approved. Some of the decrease in recordkeeping and reporting burden from the previous ICR results from revisions to the ICR to more accurately reflect the types of operations at facilities subject to this NESHAP. The previous ICR included burden for filing SSM reports, recording CPMS measurements, and performing CPMS calibration and maintenance for all respondents. However, those requirements apply only to new or reconstructed flame lamination sources, while all flame lamination sources are existing sources. A very small increase in both respondent burden and Agency burden results from this ICR’s use of updated labor rates. Attributed to Agency discretion are the earlier-described changes due to the subject RTR amendments.

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