SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

1. Identification of the Information Collection

1(a) Title of the Information Collection

NESHAP for Gasoline Distribution Facilities (40 CFR part 63, subpart R) (Renewal), 

EPA ICR Number 1659.07, OMB Control Number 2060-0325

1(b) Short Characterization/Abstract

The National Emission Standards for Hazardous Air Pollutants (NESHAP) (40 CFR part 

63, subpart R) were promulgated on December 14, 1994. The standards were revised on June 26, 

1995, to correct errors in the printing of the emission screening equation in the final standards, 

and amended on February 29, 1996, to extend the initial compliance date for the equipment leak 

standard. The standards were amended again June 12, 1996, to clarify the coverage of gasoline 

loading racks at refineries with through-puts greater than 75,700 liters/day. Updated direct final 

standards were promulgated on February 28, 1997, to implement a proposed settlement with the 

American Petroleum Institute. These regulations apply to facilities that are either new or existing 

bulk gasoline terminals with through-puts greater than 75,700 liters/day and either new or 

existing pipeline breakout stations commencing construction, modification or reconstruction after

the date of proposal. This information is being collected to assure compliance with 40 CFR part 

63, subpart R.

Approximately 102 facilities, including bulk terminals and pipeline breakout stations,

which are major sources of HAPs, are subject to NESHAP subpart R. We have further estimated 

that there are total of 1,380 area sources (i.e., 980 bulk gasoline terminal and 400 pipeline 

breakout stations), of which 25 percent will be within 50 percent of major source threshold 

criteria (i.e., 345) and will be required to conduct an annual certification testing. This estimate 

was developed by the Agency in consultation with industry, including the American Petroleum 

Institute (API) and the National Petrochemical and Refiners Association (NPRA), for the 

development of the recent residual risk rule addressing the same source category. It is estimated 

that no new sources per year will become subject to the regulation in the next three years.

The current ICR is based on the most recently approved Information Collection Request 

(ICR). The cost of this ICR will be $1,490,584. 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 EPA Regional Office.

The Office of Management and Budget (OMB) approved the currently active ICR without 

any “Terms of Clearance.”
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2. Need for and Use of the Collection

2(a) Need/Authority for the Collection

The EPA is charged under section 112 of the Clean Air Act, as amended, to establish 

standards of performance for each category or subcategory of major sources and area sources of 

hazardous air pollutants. These standards are applicable to new or existing sources of hazardous 

air pollutants and shall require the maximum degree of emission reduction. 

In addition, section 114(a) states that the Administrator may require any owner or 

operator subject to any requirement of this Act to: 

(A) Establish and maintain such records; (B) make such reports; 

(C) install, use, and maintain such monitoring equipment, and use 

such audit procedures, or methods; (D) sample such emissions (in 

accordance with such procedures or methods, at such locations, at 

such intervals, during such periods, and in such manner as the 

Administrator shall prescribe); (E) keep records on control 

equipment parameters, production variables or other indirect data 

when direct monitoring of emissions is impractical; (F) submit 

compliance certifications in accordance with Section 114(a)(3); 

and (G) provide such other information as the Administrator may

reasonably require.

In the Administrator’s judgment, benzene (a known human carcinogen) and the toxic 

nature of other ten types of hazardous air pollutant (HAP) emitted from gasoline distribution 

facilities either cause or contribute to air pollution that may reasonably be anticipated to endanger 

public health or welfare. Therefore, the NESHAP were promulgated for this source category at 

40 CFR part 63, subpart R.

2(b) Practical Utility/Users of the Data

The control of emissions of HAP from gasoline distribution facilities requires not only

the installation of properly designed equipment, but also the operation and maintenance of that 

equipment. Emissions of HAP from gasoline distribution facilities are the result of operation of 

the affected facilities. The subject standards are achieved by the reduction of HAP emissions 

using a vapor collection system and a continuous monitoring system, which can include carbon 

absorption systems; refrigerant condenser systems; thermal oxidation systems; flares; monitoring 

an alternative operating parameter that demonstrates continuous compliance with the emission 

standard; implementation of leak detection and repair procedures; and securing the necessary

documentation to assure that each gasoline tank truck loaded is vapor-tight. 

The recordkeeping and reporting requirements in the standard(s) ensure compliance with 
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the applicable regulations which where promulgated in accordance with the Clean Air Act. The 

collected information is also used for targeting inspections and as evidence in legal proceedings.

Performance test reports are required in order to determine an affected facility’s initial 

capability to comply with the emission standard(s).

The notifications required in the applicable regulations are used to inform the Agency or 

delegated authority when a source becomes subject to the requirements of the regulations. The 

reviewing authority may then inspect the source to check if the vapor collection and processing 

system is properly installed and operated; the leaks are being detected and repaired, and the 

regulations are being met. The performance test may also be observed.

The required semiannual reports are used for problem identification, as a check on source 

operation and maintenance, and for compliance determinations. 

3. Non-duplication, Consultations, and Other Collection Criteria

The requested recordkeeping and reporting are required under 40 CFR part 63, subpart R.

3(a) Non-duplication

If the subject standards have not been delegated, the information is sent directly to the 

appropriate EPA regional office. Otherwise, the information is sent directly to the delegated state 

or local agency. If a state or local agency has adopted their own similar standards to implement 

the Federal standards, a copy of the report submitted to the state or local agency can be sent to 

the Administrator in lieu of the report required by the Federal standards. Therefore, no 

duplication exists.

3(b) Public Notice Required Prior to ICR Submission to OMB

An announcement of a public comment period for the renewal of this ICR was published 

in the Federal Register on July 8, 2009 at 74 FR 32583. No comments were received on the 

burden published in the Federal Register.

3(c) Consultations

For this information collection, the previous ICR renewal was used to obtain burden 

estimates since this ICR renewal was processed under the “Expedited Approach” option provided 

in May 1, 2008 guidance. Per this guidance, all data and assumptions from the previous ICR 

renewal were used as the basis for estimating the hourly and cost burdens associated with this 

renewal.

It is our policy to respond after a thorough review of comments received since the last 
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ICR renewal as well as those submitted in response to the first Federal Register notice. In this 

case, no comments were received. 

3(d) Effects of Less Frequent Collection

Less frequent information collection would decrease the margin of assurance that 

facilities are continuing to meet the standards. Requirements for information gathering and 

recordkeeping are useful techniques to ensure that good operation and maintenance practices are 

applied and emission limitations are met. If the information required by these standards was 

collected less frequently, the proper operation and maintenance of control equipment and the 

possibility of detecting violations would be less likely.

3(e) General Guidelines

These reporting or recordkeeping requirements do not violate any of the regulations 

promulgated by OMB under 5 CFR part 1320, section 1320.5.

3(f) Confidentiality

Any information submitted to the Agency for which a claim of confidentiality is made 

will be safeguarded according to the Agency policies set forth in title 40, chapter 1, part 2, 

subpart B - Confidentiality of Business Information (CBI) (see 40 CFR 2; 41 FR 36902, 

September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43 FR 42251, September 20, 

1978; 44 FR 17674, March 23, 1979).

3(g) Sensitive Questions

The reporting or recordkeeping requirements in the standard do not include sensitive 

questions.

4. The Respondents and the Information Requested

4(a) Respondents/SIC and NAICS Codes

The respondents to the recordkeeping and reporting requirements are major sources that 

transfer and store gasoline, including pipeline breakout stations and bulk terminals, as described 

below:

Standard SIC Codes NAICS Codes

40 CFR part 63, subpart R 4226 49311

4400 48311, 48312
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Standard SIC Codes NAICS Codes

5169 42269

5171 454311, 454312, 42271

5172 42272

4(b) Information Requested

(i) Data Items

All data in this ICR that is recorded and/or reported is required by NESHAP 40 CFR part 

63, subpart R. 

A source must make the following reports:

Notifications and Reports

Notification of facility subject to relevant standard 63.9(b)(2) and 

63.9(b)(3)

Notification of anticipated construction or reconstruction of a source 

subject to the relevant standard not later than 180 days prior to 

commencement of construction or reconstruction

63.9(b)(5) 

Notification of anticipated date of initial startup not more than 60 days 

nor less than 30 days prior to such date

63.9(b)(4)(iv)

Notification of construction or reconstruction not later than 30 days 

after the change is commenced

63.9(b)(4)(iii)

Notification of anticipated date of initial startup not more than 60 days 

nor less than 30 days prior to such date

63.9(b)(4)(iv)

Notification of the actual date of startup, within 15 days after such 

date

63.9(b)(4)(v)

Notification of performance tests at least 60 days prior to the date of a 

performance test

63.7(a) and 63.9(e)

Notification of installation of a new control device or reconstruction 

of an existing control device within 180 days before the installation or 

reconstruction is planned to commence

63.5(b)(6) and 

63.5(d)(1)

A request for an extension of compliance report must be submitted if 

the owner or operator cannot comply with the standards by the 

designated date

63.9(c)
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Notifications and Reports

Semiannual compliance reports stating whether or not established 

parameters have been exceeded

63.428(g)(1) and (i)

Annual reports stating non-applicability of the regulation are required 

from area sources within 50 percent of the major source threshold

63.428(i)

A source must keep the following records:

Recordkeeping

Maintain records of monthly visual inspection data on gasoline transfer 

and vapor collection and processing equipment

63.428(e) and (f)

Maintain and updated records on cargo tank vapor tightness 63.428(b)

Maintain records of the annual inspections of storage vessels 60.115(b)

Continuously monitor and record operating parameter monitoring data 63.428(c)(1)

Records are required to be retained for 5 Years 63.10(b), 63.428(d)

Electronic Reporting

Respondents may report to the appropriate authority electronically, if they choose to do 

so. Also, regulatory agencies in cooperation with the respondents continue to create reporting 

systems to transmit data electronically. In addition, some respondents are using monitoring 

equipment at the affected facilities that automatically records data. Although personnel at the 

affected facility must still evaluate the data, internal automation has significantly reduced the 

burden associated with monitoring and recordkeeping at plant sites. 

Electronic reporting systems have not been widely adopted by the respondents. A 

majority of the respondents send written reports to the regulating entity. At this time, it is 

estimated that approximately 10 percent of the respondents use electronic reporting.

(ii) Respondent Activities

Respondent Activities

Read instructions.

Install, calibrate, maintain, and operate continuous monitoring systems (CMS) for pressure 

drop and liquid supply pressure for the external floating roof. Install, calibrate, maintain, and 

operate vapor collection and processing system for loading racks. Inspect storage tanks seals 

and seal gaps. Inspect cargo tanks.
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Respondent Activities

Perform initial performance test (Method 21 and Method 27), and repeat performance tests if 

necessary.

Write the notifications and reports listed above.

Enter information required to be recorded above.

Submit the required reports developing, acquiring, installing, and utilizing technology and 

systems for the purpose of collecting, validating, and verifying information.

Develop, acquire, install, and utilize technology and systems for the purpose of processing and 

maintaining information.

Develop, acquire, install, and utilize technology and systems for the purpose of 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.

Transmit, or otherwise disclose the information.

5. The Information Collected: Agency Activities, Collection Methodology, and 

Information Management

5(a) Agency Activities

EPA conducts the following activities in connection with the acquisition, analysis, 

storage, and distribution of the required information.

Agency Activities

Observe initial performance tests and repeat performance tests if necessary.

Review notifications and reports, including performance test reports, and excess emissions 

reports, required to be submitted by industry.

Audit facility records.

Input, analyze, and maintain data in the Air Facility System (AFS).

5(b) Collection Methodology and Management

Following notification of startup, the reviewing authority might inspect the source to 

determine whether the pollution control devices are properly installed and operated. 

Performance test reports are used by the Agency to discern a source’s initial capability to comply

with the emission standard, and note the operating conditions under which compliance was 

achieved. Data and records maintained by the respondents are tabulated and published for use in 
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compliance and enforcement programs. The semiannual reports are used for problem 

identification, as a check on source operation and maintenance, and for compliance 

determinations.

Information contained in the reports is entered into the AFS which is operated and 

maintained by the EPA Office of Compliance. AFS is EPA’s database for the collection, 

maintenance, and retrieval of compliance data for over 125,000 industrial and governmentowned facilities. EPA uses the AFS for tracking air pollution compliance and enforcement by

local and state regulatory agencies, EPA regional offices and EPA headquarters. EPA and its 

delegated Authorities can edit, store, retrieve and analyze the data. The records required by this 

regulation must be retained by the owner or operator for five years.

5(c) Small Entity Flexibility

The number of small entities potentially subject to the requirements of this ICR is 

estimated to be 56 percent of the respondent universe; however, finer and more-complete data 

would probably result in a substantial reduction in the number of firms classified as small. This 

estimate is based on the discussion of small business impacts during the development of the rule 

(see BID EPA-453/R-94-002a January 1994, pages 8-84 through 8-87).

5(d) Collection Schedule

The specific frequency for each information collection activity within this request is 

shown below in Table 1: Annual Respondent Burden and Cost for NESHAP for Gasoline 

Distribution Facilities (40 CFR part 63, subpart R) (Renewal).

6. Estimating the Burden and Cost of the Collection

Table 1 documents the computation of individual burdens for the recordkeeping and 

reporting requirements applicable to the industry for the subpart included in this ICR. The 

individual burdens are expressed under standardized headings believed to be consistent with the 

concept of burden under the Paperwork Reduction Act. Where appropriate, the specific tasks 

and major assumptions have been identified. Responses to this information collection are 

mandatory.

The 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.

6(a) Estimating Respondent Burden

The average annual burden to industry over the next three years from these recordkeeping 

and reporting requirements is estimated to be 15,759 hours(Total Labor Hours from Table 1). 

The recordkeeping hours shown below in Table 1 are 13,057.2 and the reporting requirement 
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hours shown in Table 1 are 2,701.4. These hours are based on Agency studies and background 

documents from the development of the NEHAP subpart R regulation and its amendments to 

address its residual risk, Agency knowledge and experience with the NESHAP program, the 

previously approved ICR, and any comments received.

6(b) Estimating Respondent Costs

(i) Estimating Labor Costs

This ICR uses the following labor rates: 

Managerial $114.49 ($54.52 + 110%) 

Technical $98.20 ($46.76 + 110%)

Clerical $48.53 ($23.11 + 110%)

These rates are from the United States Department of Labor, Bureau of Labor Statistics, 

September 2009, “Table 2. Civilian Workers, by occupational and industry group.” The rates are 

from column 1, “Total compensation”. The rates have been increased by 110 percent to account 

for the benefit packages available to those employed by private industry.

(ii) Estimating Capital/Startup and Operation and Maintenance Costs

The type of industry costs associated with the information collection activities in the 

subject standards are both labor costs which are addressed elsewhere in this ICR and the costs 

associated with continuous monitoring. The capital/startup costs are one-time costs when a 

facility becomes subject to the regulation. The annual operation and maintenance costs are the 

ongoing costs to maintain the monitors and other costs such as photocopying and postage.

(iii) Capital/Startup vs. Operation and Maintenance (O&M) Costs

Capital/Startup vs. Operation and Maintenance (O&M) Costs

(A)

Continuous 

Monitoring 

Device

(B)

Capital /

Startup Cost 

for One 

Respondent

(C)

Number of 

New 

Respondents

(D)

Total 

Capital/Startup 

Cost,

(B X C)

(E)

Annual 

O&M Costs 

for One 

Respondent

(F)

Number of 

Respondents 

with O&M

(G)

Total 

O&M

(E X F)

CMS for 

pressure 

drop and 

liquid 

supply 

pressure

N/A 0 $0.00 $3,500 102 $357,000
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There are no total capital/startup costs for this ICR, as indicated in the total of column D 

in the above table. The total operation and maintenance (O&M) costs for this ICR are $357,000, 

as indicated in the total of column G in the above table. Therefore, the average annual cost for 

capital/startup and operation and maintenance costs to industry over the next three years of the 

ICR is estimated to be $357,000. 

6(c) Estimating Agency Burden and Cost

The only costs to the Agency are those costs associated with analysis of the reported 

information. EPA’s overall compliance and enforcement program includes activities such as the 

examination of records maintained by the respondents, periodic inspection of sources of 

emissions, and the publication and distribution of collected information. 

The average annual Agency cost during the three years of the ICR is estimated to be 

$63,444 (See Table 2 below). 

This cost is based on the following hourly labor:

Managerial $62.27 (GS-13, Step 5, $38.92 + 60%) 

Technical $46.21 (GS-12, Step 1, $28.88 + 60%)

Clerical $25.01 (GS-6, Step 3, $15.63 + 60%)

These rates are from the Office of Personnel Management (OPM), 2010 General Schedule, which 

excludes locality rates of pay. The rates have been increased 60 percent to account for the benefit

packages available to government employees. Details upon which this estimate is based appear

below in Table 2: Annual Agency Burden and Cost for NESHAP for Gasoline Distribution 

Facilities (40 CFR part 63, subpart R) (Renewal).

6(d) Estimating the Respondent Universe and Total Burden and Costs

Based on our research for this ICR, approximately 102 existing major sources are 

currently subject to the standard. We have further estimated that there are total of 1,380 area 

sources (i.e., 980 bulk gasoline terminal and 400 pipeline breakout stations), of which 25 percent 

will be within 50 percent of major source threshold criteria (i.e., 345) and will be required to 

conduct an annual certification testing. It is estimated that no new sources per year will become 

subject to the regulation in the next three years. 

Number of respondents is calculated using the following table which addresses the three 

years covered by this ICR. 
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Number of Respondents

Respondents That Submit Reports Respondents That Do 

Not Submit Any Reports

Year

(A)

Number of 

New

Respondents

(B)

Number of 

Existing 

Respondents

(C)

Number of Existing 

Respondents that keep 

records but do not 

submit reports

(D)

Number of Existing 

Respondents That 

Are Also New 

Respondents

(E)

Number of 

Respondents

(E=A+B+C-D)

1 0 61138620 447

2 0 61 386 0 447

3 0 61 386 0 447

Average 0 61 386 0 447

1. 60 percent of the sources (i.e., 61 respondents) would be required to submit semiannual reports under the NESHAP subpart R

2. This estimate includes 41 major sources, or 40 percent of the 102 respondents, that are currently subject to NSPS reporting 

requirements equivalent to the Bulk Gasoline Terminal NSPS (40 CFR part 60, subpart XX) for bulk terminals and the VOL 

storage NSPS (40 CFR part 60, subparts K, Ka, and Kb) or storage tank CTG’s for pipeline breakout stations. It also includes 

recordkeeping for 345 area sources.

To avoid double-counting respondents column D is subtracted. As shown above, the 

average Number of Respondents over the three-year period of this ICR is 447. 

The total number of annual responses per year is calculated using the following table:

(A)

Information Collection 

Activity

(B)

Number of 

Respondents

(C)

Number of 

Responses

(D)

Number of 

Respondents That 

Keep Records But 

Do Not Submit 

Reports

(E)

Total Annual 

Responses

E=(BxC)+D

Notification of construction/ 

reconstruction

0 1 N/A 0

Notification of actual startup 0 1 N/A 0

Notification of initial 

performance test

0 1 N/A 0

Initial performance test 

report

0 1 N/A 0

Semiannual reports 61 2 386 508

Total 508

The number of Total Annual Responses is 508.
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The total annual labor costs are $1,490,584. Details regarding these estimates may be 

found below in Table 1: Annual Respondent Burden and Cost for NESHAP for Gasoline 

Distribution Facilities (40 CFR part 63, subpart R) (Renewal).

Note that the total annual capital and O&M costs to the regulated entity are $357,000. 

These costs are detailed in Section 6(b)(iii), Capital/Startup vs. Operation and Maintenance 

(O&M) Costs.

6(e) Bottom Line Burden Hours Burden Hours and Cost Tables

The detailed bottom line burden hours and cost calculations for the respondents and the 

Agency are shown in Tables 1 and 2 below, respectively, and summarized below. 

(i) Respondent Tally

The total annual labor hours are 15,759. Details regarding these estimates may be found 

below in Table 1: Annual Respondent Burden and Cost for NESHAP for Gasoline Distribution 

Facilities (40 CFR part 63, subpart R) (Renewal). Furthermore, the annual public reporting and 

recordkeeping burden for this collection of information is estimated to average 31 (rounded) 

hours per response.

The total annual capital/startup and O&M costs to the regulated entity are $357,000. The 

cost calculations are detailed in Section 6(b)(iii), Capital/Startup vs. Operation and Maintenance 

(O&M) Costs.

(ii) The Agency Tally

The average annual Agency burden and cost over next three years is estimated to be 1,407.6 labor

hours at a cost of $63,444. See below Table 2: Annual Agency Burden and Cost for NESHAP 

for Gasoline Distribution Facilities (40 CFR part 63, subpart R) (Renewal).

6(f) Reasons for Change in Burden

There are no changes in the regulatory requirements and there is no significant industry

growth, however there is an adjustment in the number of responses and labor hours from the 

previous ICR. The number of responses decreased from 549 to 508. The previous ICR assumed 

all 102 major sources must submit responses but it was assumed that 60 percent of the sources 

(i.e., 61.2) would be required to submit semiannual reports under the NESHAP subpart R since 

the remaining 40 percent are already complying with similar reporting requirements under 

another applicable NSPS rule. The overall Respondent hour burden increased from 15,756 hours 

to 15,759 hours and the Agency hours decreased from 1,429.6 to 1,407.6 hours, both due to 

calculation errors in the previous ICR. 
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6(g) Burden Statement

The annual public reporting and recordkeeping burden for this collection of information 

is estimated to average 31 (rounded) 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.

An Agency may not conduct or sponsor, and a person is not required to respond to, a 

collection of information unless it displays a valid OMB control number. The OMB control 

numbers for EPA’s regulations are listed at 40 CFR part 9 and 48 CFR chapter 15.

To comment on the Agency’s need for this information, the accuracy of the provided 

burden estimates, and any suggested methods for minimizing respondent burden, including the 

use of automated collection techniques, EPA has established a public docket for this ICR under 

Docket ID Number EPA-HQ-OECA-2009-0423. An electronic version of the public docket is 

available at http://www.regulations.gov/ which may be used to obtain a copy of the draft 

collection of information, submit or view public comments, access the index listing of the 

contents of the 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 

in this document. The documents are also available for public viewing at the Enforcement and 

Compliance Docket and Information Center in the EPA Docket Center (EPA/DC), EPA West, 

Room 3334, 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 Information Center is (202) 566-1752. 

Also, you can send comments to the Office of Information and Regulatory Affairs, Office of 

Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Officer 

for EPA. Please include the EPA Docket ID Number EPA-HQ-OECA-2009-0423 and OMB 

Control Number 2060-0325 in any correspondence. 

Part B of the Supporting Statement

This part is not applicable because no statistical methods were used in collecting this 

information.