### S **UPPORTING STATEMENT ENVIRONMENTAL PROTECTION AGENCY** 
**1. Identification of the Information Collection 1(a) Title of the Information Collection**  NESHAP for Gasoline Distributio n Facilities (40 CFR p art 63, s ubpart R) (Renewal), EPA I CR 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 co rrect 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 th e American Petroleum Institute. These regu lations 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 dat e 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 require d to conduct an annual certification testing. This estimate was developed by

the Agency

in consultation with industry , including the American Petroleum In stitute (API ) and the National Petrochemical and Refiners Association (NPRA), for the development of the recent residual risk rule addressing the same source category

. Itis estimated that no new sources per year will become subject to the regulation in the next three years. The current I CR is based on the most recently approved Information Collection Request (ICR). The cost of this I CR 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 Mana gement and Budget (OMB) approved the currently active IC R without any “ Terms of Clearance. ”2

**2. Need for and Use of the Collection 2(a) Need/Authority for the Collection**  The EPA is charged under s ection 112 of the Clean Air Act, as amended, to establis h 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 emissi on reduction.
Inaddition, s ection 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 m onitoring 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 informati on as the Administrator may reasonably

require.
Inthe Administrator’ s judgment, benzene (a known human carcinogen) and the toxic nature of other ten ty

pes 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 emiss ions 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 operati on of the affected facilities. The subject standards are achieved by the reduction of HAP emissions using a vapor collection sy stem and a continuous monitoring sy stem, which can include carbon absorption sy stems; refrigerant condenser sy stems; thermal oxi dation sy stems; 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 g asoline tank truck loaded is vapor

- tight. The recordkeeping and reporting requirements in the standard(s) ensure compliance with3

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 applicab le 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 sy stem is properl y 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 mai ntenance, 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 hav e 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 . I f a state or local agency has adopted their own similar standards to imple ment 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 I CR 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 I CR renewal was used to obtain burden estimates since this I CR renewal was processed under the “Expedited Approach” option provided in May 1, 2008 guidance . Per this guidance, all data and assumptions from the previous I CR renewal were used as the basis for estimating the hourly and cost burdens associated with this renewal. Itis our policy

to respond after a thorough review of comments received since the last4

IC R renewal as well as thos e submitted in res ponse to the first Federal Register n otice. Inthis 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 stan dards. Requirements for information gathering and recordkeeping are useful techniques to ensure that good operation and maintenance practices are applied and emission limitations are met. I f 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 th e Agency policies set forth in title 40, chapter 1, part 2, s ubpart 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 re cordkeeping 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 , 483125 **Standard SIC Codes**  **NAICS Codes**

5169 42269 5171 454311, 454312, 42271 5172 42272 **4(b ) Information Requested**  **(i) Data Items** All data in this I CR that is recorded and/or reported is required by NESHAP 40 CFR part 63, subpart R. A source must make the following reports:
**Notification s and**  **Reports** Notification of facility

subject to r elevant 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 day s prior to commencement of construction or reconstruction 63.9(b)(5)

Notification of anticipated date of initial startup not more than 60 day s nor less than 30 day s prior to such date 63.9(b)(4)(iv) Notification of construction or reconstruction not later than 30 day s after the change is commenced 63.9(b)(4)(iii) Notification of anticip ated date of initial startup not more than 60 day s nor less than 30 day s prior to such date 63.9(b)(4)(iv) Notification of the actual date of startup, within 15 day s after such date 63.9(b)(4)(v) Notification of performance tests at least 60 day s prior t o 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 day s 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)6 **Notification s and**  **Reports** Semiannual compliance reports stating whether or not established parameters have been exceede d 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)
M aintain 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

choos e to do so. Also, regulatory

agencies in cooperation with the respondents continue to create reporting sy stems to transmit data electronically

. Inaddition, s ome respondents are using monitoring equipment at the affected facilities that automatically rec ords d ata. 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 site s . E lectronic reporting sy stems 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 Act ivities**  Read instructions. In stall, calibrate, maintain, and operate continuous monitoring sy stems (CMS) for pressure drop and liquid supply

pressure for the external floating roof. Install, calibrate, maintain, and operate vapor collection and processi ng sy stem for loading racks. Inspect storage tanks seals and seal gaps. Inspect cargo tanks.7 **Respondent Act ivities**  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 sy stems for the purpose of collecting, validating, and verifying information. Develop, acquire, install, and utilize t echnology and sy stems for the purpose of processing and maintaining information. Develop, acquire, install, and utilize technology and sy stems for the purpose of disclosing and providing information. Adjust the existing way s 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 distributio n 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, analy

ze, and maintain data in the Air Facility Sy stem (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 compli ance was achieved . Data and records maintained by the respondents are tabulated and published for use in8

complianc e and enforcement programs. The semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations.
In formation 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 1 25 ,000 industrial and government

owned facilities. EPA uses the AFS for tracking air pollution compliance and en forcement by local and state regulatory

agencies, EPA regional offices and EPA headquarters. EPA and its delegated Authorities can edit, store, retrieve and analy ze the data. The records required by this regulation must be retained by the owner or operat or for five years. **5(c) Small Entity Flexibility** The number of small entities potentially subject to the requirements of this I CR is estimated to be 56 percent of the respondent universe ; however, f iner 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 S chedule**  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 p art 63, s ubpart R) (Renewal)

. **6. Estimating the Burden and Cost of the Collection**  Table 1 document s the computation of individual burdens for the recordkeeping and reporting requirements applicable to the industry for the subpart included in this I CR. The individual burdens are expressed under st andardized 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 Age ncy

may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it display s a currently valid OMB control number. **6(a) Estimating Respondent Burden** The average annual burden to industry over the next three ye ars from these recordkeepi ng and repo rting requirements is estimated to be 15, 759 hours (Total L abor Hours from Table 1)

. The recordkeeping hours shown below in Table 1 are 13,057.2 and the reporting requirement9

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 I CR, and any comments received. **6(b) Estimating Respondent Costs (i) Estimating Labor Costs**  This I CR 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 th e United States Department of L abor, Bureau of Labor Statistics, September 200 9 , “ 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 f or the benefit packages available to those employed by private industry

. **(ii) Estimating Capital/Startup and Operation and Maintenance Costs** The ty pe of industry

costs associated with the information collection act ivities in the subject standards are bo th labor costs which are addressed elsewhere in this I CR and the costs associated with continuous monitoring. The capital/st artup costs are one
- time costs when a facility becomes subject to the regulation. The annual operation and maintenance costs are t he ongoin g 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)**

**C apital**  **/ Start**  **up Cost for One**  **Respondent (C)** 

**Num ber of**  **New Respondents**  **(D)**

**Total Capital/Startup**  **Cost, (B X C)**  **(E)**

**Annual O&M Costs**  **for One Respondent**  **(F)**

**Num ber of**  **Resp ondents**  **with O&M (G)** 

**Total O&M**  **(E X F)**

CMS for pressure drop and liquid supply p ressur e N/A 0 $ 0 .00 $3,500 1 02 $ 357 ,0 0010

The re are no total capital/startup costs for this I CR , as indicated in the total of column D in the above table. The total operation and maintenance (O&M) costs for this I CR are $ 357 ,000 , as indicated in the total of co lumn 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 IC R is estimated to be $ 357 ,000. **6(c) Estimating Agency Burden and Cost** The only costs to the Agency

are those costs associated with analy sis 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 em issions, and the publication and distribution of collected information. The average annual Agency cost during the three years of the I CR is estimated to be $ 63,444 (See Table 2 below )

. This cost is based on the following hourly labor: Managerial $6 2. 27 (GS

- 13, Step 5, $38. 92 + 60%) Technical $4 6

. 21 (GS

- 12, Step 1, $28. 88 + 60%) Clerical $2 5.01 (GS

- 6, Step 3, $15. 63 + 60%) These rates are from the Office of Personnel Management (OPM) , 20 10 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 Facilitie s (40 CFR p art 63, s ubpart R) (Renewal)

. **6(d) Estimating the Respondent Universe and Total Burden and Costs** Based on our research for this I CR, approximately 102 existing major sources are currently subject to the standard. We have further estimated th at 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. Itis 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 ye ars covered by

this I CR.11 **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 E xisting Respondents That Are Also New Respondents (E)

Number of Respondents (E=A+B+C

- D)
1 0 61 1 386 2 0 447 2 0 61 386 0 447 3 0 61 386 0 447 Average 0 61 386 0 447 1. 60 percent of the s ources (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

- ye ar period of this I CR 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)

Numb er 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 perf ormance 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

.12

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 p art 63, s ubpart 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 1 5,759

. Details regarding these estimates may be found below in Table 1 : Annual Respondent Burden and Cost for NESHAP for Gasoline Distribution Fac ilities (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, 4 07 .6 labor hours at a cost of $ 6 3 , 444

. See below Table 2: Annual Agency Burden and Cost for N ESHAP for G asoline Distribution Facilities (40 CFR part 63, subpart R) (Renewal)

. **6(f) Reasons for Change in Burden** There are no changes in the regulator y requirements and there is no significant industry growth, however there is an adjustment in the number of responses and labor hours from the previous IC R

. The number of resp onses decreased from 549 to 508. The previous I CR 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 I CR

.13

**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 dis close or provide information to or for a Federal agency . This includes the time needed to review instructions; develop, acquire, install, and utilize technology and sy stems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing way s to comply with any previously

applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data source s; 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 display s a valid OMB control number. The OMB control numbers for EPA ’ s regulations are listed at 40 CFR part 9 and 48 CFR c hapter 15. To comment on the Agency ’ s need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respon dent burden, including the use of automated collection techniques, EPA has established a public docket for this I CR under Docket ID Number EPA

- HQ

- OECA

- 200 9

- 0 423

. 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 sy stem , 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 33 34 , 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 holiday s. The telephone number for the Reading Room is (202) 566

- 1744, and the telephon e number for the Enforcement and Compliance Docket Information Center i s (202) 566

- 1 752

. 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

- 200 9

- 0 423 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 col lecting this information.