[Federal Register Volume 69, Number 176 (Monday, September 13, 2004)]
[Notices]
[Pages 55156-55157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20603]


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ENVIRONMENTAL PROTECTION AGENCY

[OECA-2004-0007; FRL-7811-5]


Agency Information Collection Activities; Submission for OMB 
Review and Approval; Comment Request; NESHAP for Pesticide Active 
Ingredient Production (40 CFR Part 63, Subpart MMM) (Renewal), ICR 
Number 1807.03, OMB Number 2060-0370

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act, this document 
announces that an Information Collection Request (ICR) has been 
forwarded to the Office of Management and Budget (OMB) for review and 
approval. This is a request to renew an existing approved collection. 
This ICR is scheduled to expire on October 31, 2004. Under OMB 
regulations, the Agency may continue to conduct or sponsor the 
collection of information while this submission is pending at OMB. This 
ICR describes the nature of the information collection and its 
estimated burden and cost.

DATES: Additional comments may be submitted on or before October 13, 
2004.

ADDRESSES: Submit your comments, referencing docket ID number OECA-
2004-0007, to (1) EPA online using EDOCKET (our preferred method), by 
e-mail to [email protected], or by mail to: Environmental Protection 
Agency, EPA Docket Center (EPA/DC), Enforcement and Compliance Docket 
and Information Center, EPA West, Mail Code 2201T, 1200 Pennsylvania 
Avenue, NW., Washington, DC 20460, and (2) OMB at: Office of 
Information and Regulatory Affairs, Office of Management and Budget 
(OMB), Attention: Desk Officer for EPA, 725 17th Street, NW., 
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Learia Williams, Compliance Assessment 
and Media Programs Division (Mail Code 2223A), Office of Compliance, 
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460; telephone number: (202) 564-4113; fax number: 
(202) 564-0050; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB 
for review and approval according to the procedures prescribed in 5 CFR 
1320.12. On May 25, 2004 (69 FR 29718), EPA sought comments on this ICR 
pursuant to 5 CFR 1320.8(d). EPA received no comments.
    EPA has established a public docket for this ICR under Docket ID 
No. OECA-2004-0007, which is available for public viewing at the 
Enforcement and Compliance Docket and Information Center in the EPA 
Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution Avenue, 
NW., Washington, DC. The EPA Docket Center Public Reading Room is open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Reading Room is (202) 566-1744, 
and the telephone number for the Enforcement and Compliance Docket and 
Information Center is: (202) 566-1752. An electronic version of the 
public docket is available through EPA Dockets (EDOCKET) at http://www.epa.gov/edocket. Use EDOCKET to submit or view public comments, 
access the index listing of the contents of the public docket, and to 
access those documents in the public docket that are available 
electronically. When in the system, select ``search,'' then key in the 
docket ID number identified above.
    Any comments related to this ICR should be submitted to EPA and OMB 
within 30 days of this notice. EPA's policy is that public comments, 
whether submitted electronically or in paper, will be made available 
for public viewing in EDOCKET as EPA receives them and without change, 
unless the comment contains copyrighted material, Confidential Business 
Information (CBI), or other information whose public disclosure is 
restricted by statute. When EPA identifies a comment containing 
copyrighted material, EPA will provide

[[Page 55157]]

a reference to that material in the version of the comment that is 
placed in EDOCKET. The entire printed comment, including the 
copyrighted material, will be available in the public docket. Although 
identified as an item in the official docket, information claimed as 
CBI, or whose disclosure is otherwise restricted by statute, is not 
included in the official public docket, and will not be available for 
public viewing in EDOCKET. For further information about the electronic 
docket, see EPA's Federal Register notice describing the electronic 
docket at 67 FR 38102 (May 31, 2002), or go to http://www.epa.gov/edocket.
    Title: NESHAP for Pesticide Active Ingredient Production (40 CFR 
part 63, subpart MMM) (Renewal).
    Abstract: The Administrator has judged that the pollutants emitted 
from pesticide active ingredient (PAI) production facilities cause or 
contribute significantly to air pollution that may reasonably be 
anticipated to endanger public health. Owners or operators of PAI 
production facilities to which this regulation applies must choose one 
of the compliance options that is described in the rule or install and 
monitor a specific control system that reduces hazardous air pollutant 
(HAP) emissions to the compliance level. The respondents are subject to 
sections of subpart A of 40 CFR part 63 relating to the National 
Emission Standards for Hazardous Air Pollutants (NESHAP). These 
requirements include those associated with the applicability 
determination; the notification that the facility is subject to the 
rule; and the notification of testing (control device performance test 
and continuous monitoring system [CMS] performance evaluation); the 
results of performance testing and CMS performance evaluations; 
startup, shutdown, and malfunction report; and semiannual or quarterly 
summary reports and/or excess emissions and CMS performance reports. In 
addition to the requirements of subpart A, many respondents are 
required to submit precompliance plan and leak detection and repair 
(LDAR) reports; and plants that wish to implement emissions averaging 
provisions must submit an emission averaging plan.
    Respondents electing to comply with the emission limit or emission 
reduction requirements for process vents, storage tanks, or wastewater 
must record the values of equipment operating parameters as specified 
in 40 CFR 63.1367 of the rule. If the owner or operator identifies any 
deviation resulting from any known cause for which no federally 
approved or promulgated exemption from an emission limitation or 
standard applies, the compliance report will also include all records 
that the source is required to maintain that pertain to the periods 
during which such deviation occurred, as well as the following: the 
magnitude of each deviation; the reason for each deviation; a 
description of the corrective action taken for each deviation, 
including action taken to minimize each deviation and action taken to 
prevent recurrence; and a copy of all quality assurance activities 
performed on any element of the monitoring protocol.
    Owners or operators of PAI production facilities subject to the 
rule must maintain a copy of all monitored equipment operating 
parameter values that demonstrate compliance with the standards. 
Records and reports must be retained for a total of 5 years (2 years at 
the site; the remaining 3-year records may be retained off-site). The 
files may be maintained on a computer or floppy disks, or on 
microfiche.
    Since many of the facilities potentially affected by the NESHAP 
standards are currently subject to new source performance standards 
(NSPS), the standards include an exemption from the NSPS for those 
sources. That exemption eliminates a duplication of information 
collection requirements.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15, and are 
identified on the form and/or instrument, if applicable.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 60 
hours per response. Burden means the total time, effort, or financial 
resources expended by persons to generate, maintain, retain, or 
disclose or provide information to or for a Federal agency. This 
includes the time needed to review instructions; develop, acquire, 
install, and utilize technology and systems for the purposes of 
collecting, validating, and verifying information, processing and 
maintaining information, and disclosing and providing information; 
adjust the existing ways to comply with any previously applicable 
instructions and requirements; train personnel to be able to respond to 
a collection of information; search data sources; complete and review 
the collection of information; and transmit or otherwise disclose the 
information.
    Respondents/Affected Entities: Owners and operators of pesticide 
active ingredient production facilities.
    Estimated Number of Respondents: 88.
    Frequency of Response: Initially, quarterly and semiannually.
    Estimated Total Annual Hour Burden: 24,164 hours.
    Estimated Total Annual Costs: $1,895,049, which includes $236,000 
annualized capital/startup costs, $117,000 annual O&M costs, and 
$1,542,049 annual labor costs.
    Changes in the Estimates: There is a decrease of 29,588 hours in 
the total estimated burden currently identified in the OMB Inventory of 
Approved ICR Burdens. The change in burden for the existing facilities 
is due primarily to an assumption that all sources are in compliance 
with the initial requirements of the rule since the previous ICR covers 
the first three years prior to the compliance date of the rule. 
Additionally, there is a decrease of $1,915,000 in the total estimated 
annualized cost currently identified in the OMB Inventory of Approved 
ICR Burdens. This is because the purchase of CMS monitors, which is a 
one time cost, are assumed to be purchased during the period of the 
active ICR.

    Dated: September 1, 2004.
Oscar Morales,
Director, Collection Strategies Division.
[FR Doc. 04-20603 Filed 9-10-04; 8:45 am]
BILLING CODE 6560-50-P