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SUPPORTING STATEMENT

NESHAP for Marine Tank Vessel Loading Operations (40 CFR part 63, subpart Y) 

(Proposed Rule)

PART A

1.0 Identification of the Information Collection

(a) Title and Number of the Information Collection.

“Marine Tank Vessel Loading Operations” This is a new information collection request (ICR)

and the EPA tracking number is 1679.08.

(b) Short Characterization.

This ICR covers information collection requirements in the proposed amendments to the 

NESHAP for marine tank vessel loading operations (MTVLO) (40 CFR Part 63, Subpart Y). 

Potential respondents are owners or operators of existing MVTLO that emit less than 10 tons per 

year of each individual HAP and less than 25 tons/year of all HAP combined, located at major 

sources of hazardous air pollutants (HAP) that load more than 1,000,000 barrels/yr (bbl/yr) of 

gasoline, as well as owners or operators of existing off-shore terminals that load gasoline. EPA is 

not aware of any existing off-shore terminals that load gasoline, so no impacts have been 

estimated for these sources. The owner or operator of an existing facility would be required to 

comply with this rule no later than 3 years after publication of the final rule in the Federal 

Register. The proposed amendments do not affect new sources since new sources are already 

required to control to these level under this NESHAP. Submerged fill would also be required by 

the proposed rule, but it is believed that owners or operators that would be subject to this 

proposed rule are already required to employ submerged fill under existing Coast Guard rules and 

therefore no reporting and recordkeeping associated with submerged fill is required under this 

proposed rule. 

The owners or operators of existing MVTLO that emit less than 10 tons per year of each 

individual HAP and less than 25 tons/year of all HAP combined, located at major sources of 

hazardous air pollutants (HAP) that load more than 1,000,000 barrels/yr (bbl/yr) of gasoline

would be required to meet VOC emission limits of 10 mg VOC per liter of gasoline loaded or 

97% control of VOC emissions. 
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Testing requirements would be a 1- time performance test of VOC emissions from 

affected sources. Monitoring requirements would depend on the type of control device used. 

Sources would be required to monitor outlet VOC concentrations or an operating parameter 

(such as steam flow and bed temperature for steam regenerated carbon adsorbers, or baseline 

temperatures for condenser/refrigeration units). 

The owner or operator of an existing affected source would be required to prepare and 

submit an initial notification of applicability and an initial notification of compliance status. Each 

owner or operator of an affected source would be required to keep records to document 

compliance with the VOC standard and also maintain records of all monitoring data. If a 

deviation from the rule requirements occurs, an affected source would be required to submit a 

compliance report for that semi-annual reporting period.

2. Need For and Use of the Collection

(a) Need/Authority for the Collection.

Section 112 of the CAA requires that EPA establish MACT standards for new or existing 

major or area sources according to the requirements in section 112(d). Certain records and 

reports are necessary for the Administrator to: (1) confirm the compliance status of major 

sources, identify any non-major sources not subject to the standards, and identify new or 

reconstructed sources subject to the standards; and (2) ensure that the MACT standards are being 

achieved on a continuous basis. These recordkeeping and reporting requirements are specifically 

authorized by section 114 of the Clean Air Act (42 U.S.C. 7414) and set out in the General 

Provisions for national emission standards for hazardous air pollutants (NESHAP) in 40 CFR part 

63, subpart A.

The proposed standards include total organic compounds (TOC), as a surrogate for HAP

are based on the performance of MACT because standards established under CAA section 

112(d)(2) must reflect performance of MACT. The MACT-based regulation can be based on the 

emissions reductions achievable through application of measures, processes, methods, systems, or 

techniques including, but not limited to: (1) reducing the volume of, or eliminating emissions of, 

such pollutants through process changes, substitutions of materials, or other modifications; (2) 

enclosing systems or processes to eliminate emissions; (3) collecting, capturing, or treating such 
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pollutants when released from a process, stack, storage or fugitive emission point; (4) design, 

equipment, work practices, or operational standards as provided in section 112(h) of the CAA; or 

(5) a combination of the above. 

Certain records and reports are necessary for the Administrator to confirm the compliance 

status of affected sources, identify any new or reconstructed sources subject to the standards, and 

confirm that the standards are being achieved on a continuous basis. These recordkeeping and 

reporting requirements are specifically authorized by section 114 of the Clean Air Act (42 U.S.C. 

7414) and set out in the part 63 NESHAP General Provisions. Under part 63, the owner or 

operator must keep each record for 5 years following the date of each occurrence, measurement, 

maintenance, corrective action, report, or record.

(b) Use/Users of the Data.

The information will be used by the delegated authority (State agency or Regional 

Administrator if there is no delegated State agency) to ensure that the emissions limits and other 

requirements are being achieved. Based on review of the recorded information at the site and the 

reported information, the delegated permitting authority can identify facilities that may not be in 

compliance and decide which plants, records, or processes may need inspection. 

3. Nonduplication, Consultations, and Other Collection Criteria

(a) Nonduplication.

A computer search of EPA's ongoing ICR's revealed no duplication of informationgathering efforts. 

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

This section is not applicable because this is a rule-related ICR. The preamble to the 

proposed rule will provide public notice of the ICR.

(c) Consultations.

The proposed rule was developed in consultation with individual terminal operators and 

trade associations. The non-EPA persons consulted on the information collection activities are 

identified in Table 1.
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TABLE 1. PERSONS CONSULTED ON THE INFORMATION COLLECTION ACTIVITIES

Contact Organization Telephone Number

Matthew Todd American Petroleum Institute (202) 682-8319

Jim Griffin American Chemistry Council (703)741-5000

Peter Weaver International Liquid Terminals Association (202)842-9200

(d) Effects of Less Frequent Collection.

If the relevant information were collected less frequently, the delegated authority (State or 

EPA) would not be reasonably assured that a plant is in compliance with the standards.

(e) General Guidelines. 

None of the guidelines in 5 CFR 1320.6 are being exceeded.

(f) Confidentiality.

All 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 (see 40 CFR 2; 41 FR 36902, September 1, 1976; 

amended by 43 FR 39999, September 28, 1978; 43 FR 42251, September 28, 1978; 44 FR 

17674, March 23, 1979).

(g) Sensitive Questions. 

This section is not applicable because this ICR does not involve matters of a sensitive 

nature.

4. The Respondents and the Information Requested

(a) Respondents/NAICS Codes.

Potential respondents under Subpart Y are owners or operators of marine vessel loading 

terminals. The North American Industry Classification System (NAICS) code is 4883 (Support 

Activities for Water Transportation). However MVTLO is not the primary business activity at 

most facilities, therefore the facilities list under different NAICS Codes for the chemical and 

petroleum industry. We estimate that 54 marine vessel loading terminal facilities would be subject 
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to the requirements of the amended rule. New sources are already subject to the standards which 

are being proposed for existing sources.

(b) Information Requested.

(i) Data Items, Including Recordkeeping Requirements. Attachment 1, Source Data and 

Information Requirements, summarizes the data items, including recordkeeping and reporting 

requirements.

(ii) Respondent Activities. The respondent activities required by the final rule are 

identified in Table 2 and are introduced in section 6(a).

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

Information Management

(a) Agency Activities.

The Agency activities are provided in Table 3 and are introduced in section 6(c).

(b) Collection Methodology and Management.

Data and records maintained by the respondents are tabulated and published for use in 

compliance and enforcement programs of the delegated authority. The monitoring reports 

submitted to the delegated authority are used for problem identification, as a check on source 

operation and maintenance, and for compliance determinations. EPA is the delegated authority 

until the State agency is delegated authority to implement the final rule. Therefore, information 

contained in the reports submitted to the Regional Administrator will be entered into the Air 

Facility System (AFS), which is operated and maintained by EPA's Office of Compliance. AFS is 

EPA’s database for the collection, maintenance, and retrieval of compliance data for 

approximately 125,000 industrial and government-owned 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.

(c) Small Entity Flexibility.

A small entity for this industry is defined as: (1) a small business whose parent company 

meets the Small Business Administration size standards for small businesses found at 13 CFR 

121.201 (less than $25.4 million/yr in sales for port and harbor operations and marine cargo 
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handling, less than $7.0 million/yr sales for navigational services to shipping and other support 

activities for water transportation) ; (2) a small governmental jurisdiction that is a government of 

a city, county, town, school district, or special district with a population of less than 50,000; and 

(3) a small organization that is any not-for-profit enterprise that is independently owned and 

operated and is not dominant in its field. The Agency does not expect that any small MVTLO 

would be significantly affected by the standards.

EPA has tried to reduce the impact of this proposed rule on all of the affected sources. 

The standards include parametric monitoring requirements for VOC emission control devices that 

are common throughout the industry and in many cases are already required by State operating 

permits. The standards also require only the essential monitoring, recordkeeping, and reporting 

needed to verify compliance. 

(d) Collection Schedule.

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

in Tables 2 and 3.

6. Estimating the Burden and Cost of the Collection

(a) Estimating Respondent Burden.

The annual burden estimates for the proposed NESHAP are shown in Table 2. These 

numbers were derived from estimates based on EPA’s experience with other standards. No 

burden estimates are provided for new sources because the proposed rule does not affect new 

sources. 

(b) Estimating Respondent Costs.

The information collection activities for the proposed NESHAP are presented in Table 2. 

(i) Estimating Labor Costs. Labor rates and associated costs are based on Bureau of 

Labor Statistics (BLS) data. Technical, management, and clerical average hourly rates for private 

industry workers in the mining industry (NAICS 212200) were taken from the United States 

Department of Labor, Bureau of Labor Statistics, May 2010 available at http://www.bls.gov/ 

Wages for occupational groups are used as the basis for the labor rates with a total compensation 

of $32.13/hour for technical (environmental engineer), $50.15/hour for managerial, and 

$17.28/hour for clerical. These rates represent salaries plus fringe benefits and do not include the 
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cost of overhead. An overhead rate of 110 percent is used to account for these costs. The fullyburdened hourly wage rates used to represent respondent labor costs are: technical at $67.47, 

management at $105.32, and clerical at $36.29.

(ii) Estimating Capital and Operations and Maintenance (O&M) Costs. The capital 

cost for reporting and recordkeeping systems are estimated at 27,000. The operating costs for 

submitting reports is estimated at $108/yr.

(iii) Capital/Startup vs. O&M Costs. No startup costs would be incurred over the 3-year 

period of this ICR.

(iv) Annualizing Capital Costs. Table 2 shows an estimate of the annualized cost of 

capital to be $3780 per year with a total annualized cost of $3888 per year.

(c) Estimating Agency Burden and Cost.

Because the information collection requirements were developed as an incidental part of 

standards development, no costs can be attributed to the development of the information 

collection requirements. Because reporting and recordkeeping requirements on the part of the 

respondents are required under the part 63 NESHAP General Provisions, no operational costs 

would be incurred by the Federal Government. Publication and distribution of the information are 

part of the Compliance Data System, with the result that no Federal costs can be directly 

attributed to the ICR. Examination of records to be maintained by the respondents will occur 

incidentally as part of the periodic inspection of sources that is part of EPA's overall compliance 

and enforcement program, and, therefore, is not attributable to the ICR. The only costs that the 

Federal government will incur are user costs associated with the analysis of the reported 

information, as presented in Table 3.

The Agency labor rates are from the Office of Personnel Management (OPM) 2010

General Schedule which excludes locality rates of pay. These rates can be obtained from Salary 

Table 2010-GS available on the OPM website, http://www.opm.gov/oca/10tables/pdf/gs_h.pdf.

The government employee labor rates are $15.63/hour for clerical (GS-6, Step 3), $28.88 for 

technical (GS-12, Step 1), and $38.92/hr for management (GS-13, Step 5). These rates were 

increased by 60 percent to include fringe benefits and overhead. The fully-burdened wage rates 
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used to represent Agency labor costs are: clerical at $25.01; technical at $46.21, and 

management at $62.27.

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

There are an estimated 54 existing marine vessel terminal loading facilities that would be 

subject to the rule requirements. Consequently, the average number of respondents during the 3 

year period of this ICR is 18. 

The components of the total annual responses attributable to this ICR are one-time 

notifications for each facility (applicability and compliance status). Marine terminal vessel loading 

facilities would be required to submit a notification of performance tests, prepare a test plan, and 

conduct a one time performance test of their control device. Each facility must monitoring for 

VOC exiting emission control devices or perform parametric monitoring of absorbers or carbon 

adsorbers. The number of total annual responses for Subpart Y is estimated as: (9 annual 

average respondents × 1 notification of applicability) + (9 annual average respondents x 1 

performance test notification) + (9 annual average respondents x 1 test plan) + (9 annual average 

respondents x 1 test report) + (18 annual average respondents x 1 report of HAP control 

efficiency). Therefore, the number of total annual responses for Subpart Y is 54 responses / 54 

respondents or 1 annual response per respondent.

(e) Bottom Line Burden Hours and Cost Tables.

(i) Respondent tally. The bottom line respondent burden hours and costs, presented in 

Table 2 are calculated by adding person-hours per year down each column for technical, 

managerial, and clerical staff, and by adding down the cost column.

The average annual burden for the monitoring, recordkeeping, and reporting requirements 

in Subpart Y is 2489 person hours with an annual average burden cost of $169,186 with $3780 in 

capital costs, $108/year in O&M costs, and $169,298/year in total annualized cost. 

(ii) The Agency tally. The total annual Federal Government cost is for 406 total annual

hours and $26,294/year. The bottom line Agency burden hours and costs presented in Table 3 are 

calculated by adding person-hours per year down each column for technical, managerial, and 

clerical staff, and by adding down the cost column. 
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(iii) Variations in the annual bottom line. This section does not apply since no 

significant variation is anticipated.

(f) Reasons for Change in Burden.

The increase in burden results from proposed amendments to the existing rule.

(g) Burden Statement

The average annual respondent burden for the proposed NESHAP for marine vessel 

terminal loading sources is estimated at 46 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 currently valid OMB control number. The OMB 

control numbers for EPA's regulations in 40 CFR part 63 are listed in 40 CFR part 9.

PART B

This section is not applicable because statistical methods are not used in data collection 

associated with the proposed rule.
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Table 2. Annual Respondent Burden and Costs

1. Applications N/A

2. Surveys and Studies N/A

3. Acquisition, Installation, and 

Utilization of Technology and 

Systems 

N/A

4. Reporting Requirements

A. Read instructions 8 1 8 18 144 7.2 14.4 $10,997 

B. Required activities 

Performance test (Method 

25A)

100 1 100 9 900 45 90 $68,731 

Repeat of performance test b 100 1 100 0.9 90 4.5 9 $6,873 

Leak check 16 1 16 9 144 7.2 14.4 $10,997 

Vapor tightness test 8 1 8 9 72 3.6 7.2 $5,498 

C. Create information Included in 3B and 4E

D. Gather existing information Included in 3B and 4E

E. Write report

Initial notification of 

applicability

4 1 4 9 36 1.8 3.6 $2,749 

 Notification of compliance 

status

Included in 3B

Site-specific test plan Included in 3B

Notification of performance 

test

2 1 2 9 18 0.9 1.8 $1,375 

Report of HAP control 

Efficiency

8 1 8 18 144 7.2 14.4 $10,997 

5. Recordkeeping 

Requirements 

A. Read instructions 1 1 1 18 18 0.9 1.8 $1,375 

B. Plan activities N/A

C. Implement activities 16 1 16 18 288 14.4 28.8 $21,994 

D Develop record system 16 1 16 18 288 14.4 28.8 $21,994 

E. Time to enter information 1 1 1 18 18 0.9 1.8 $1,375 

F. Time to transmit or disclose 

information

0.25 1 0.25 18 4.5 0.225 0.45 $344 

G. Time for audits N/A

$165,298 

$3,780 

$108 

$169,186 

a Cost per year for the first three years after promulgation. A total of 54 respondents of which 27 are required to conduct testing will be subject to one time reporting.

b Assumes 10% repeat performance tests.

c Assumes captital costs (representing filing equipment) of $500/respondent for 54 respondents, amortized at 14% per year. 

d Assumes mailing of 36 reports per year at $3 per report.

 Operation and maintenance (O&M) d

 Total 

(F) Management 

person-hours per 

year (E*0.05)

(G) Clerical 

person-hours per 

year (E*0.1)

(H) Costa, $ 

TOTAL LABOR BURDEN AND COST 2489 hours 

 Annualized cost of capital c

Burden item (A) Person-hours per 

occurrence

(B) No. of 

occurrences per 

respondent

(C) Person-hours 

per respondent 

(C=A*B)

(D) Respondents 

per year

(E) Technical 

person-hours per 

year (E=C*D)
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Table 3. Annual Burden and Cost to the Agency

Burden Item (A) Person hours 

per occurrence

(B) 

Occurrences 

per respondent

(C) Plants per 

year 

(D) Technical 

hours/year 

(D=A*B*C)

(E) Management 

hours/year 

(E=0.05*D)

(F) Clericalhours/year 

(F=0.1*D)

 (G) Costa, $

Attend performance test 40 1 5 200 10 20 10364.9

Review 1

Initial notification of applicability 2 1 18 36 1.8 3.6 $1,866

 Notification of compliance status 2 1 18 36 1.8 3.6 $1,866

Site-specific test plan 4 1 9 36 1.8 3.6 $1,866

Notification of performance test 1 1 9 9 0.45 0.9 $466

Report of HAP control Efficiency 2 1 18 36 1.8 3.6 $1,866

Total 353 17.65 35.3 $18,294

 Travel expense for tests attended b 8,000

$26,294

a The fully-burdened wage rates used to represent Agency labor costs are: clerical at $25.01; technical at $46.21, and management at $62.27. 

b 2 people/trip: 10 round trips at $500 + 20 days at $150/day