SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

NESHAP for NESHAP for Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline 

Facilities; and Gasoline Dispensing Facilities (40 CFR part 63, subparts BBBBBB and 

CCCCCC (Renewal)

1. Identification of the Information Collection

1(a) Title of the Information Collection

NESHAP for Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities; and 

Gasoline Dispensing Facilities (40 CFR part 63, subparts BBBBBB and CCCCCC (Renewal), 

EPA ICR number 2237.03, OMB Control Number 2060-0620.

1(b) Short Characterization/Abstract

The National Emission Standards for Hazardous Air Pollutants (NESHAP), for Gasoline 

Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities; and Gasoline Dispensing 

Facilities (40 CFR part 63, subparts BBBBBB and CCCCCC) were proposed on January 10, 2008

(73FR1916), and amended on January 24, 2011 (76 FR 4156). These regulations apply to existing 

and new gasoline distribution facilities that are area sources of hazardous air pollutants (HAP). 

New facilities include those that commenced construction or reconstruction after the date of the 

proposal. This information is being collected to ensure compliance with 40 CFR part 63 subparts 

BBBBBB and CCCCCC.

In general, all NESHAP standards require initial notifications, performance tests, and 

periodic reports. In addition to the initial notification and notification of compliance status 

required by the General Provisions to 40 CFR part 63, subpart A, respondents are required to 

submit one-time reports of start of construction, anticipated and actual startup dates, and physical 

or operational changes to existing facilities. Reports of initial performance tests on control devices 

at gasoline distribution storage tanks, loading racks, and vapor balance systems are also required 

and are necessary to show that the installed control devices are meeting the emission limitations 

required by the NESHAP. Annual reports of storage tank inspections at all affected facilities are 

required. In addition, respondents must submit semiannual compliance and continuous 

monitoring system performance reports, and semiannual reports of equipment leaks not repaired 

within 15 days or loadings of cargo tanks for which vapor tightness documentation is not available. 

These notifications, reports, and records of such measurements are essential in determining 

compliance and are required of all sources subject to NESHAP standards. 

Any owner or operator subject to the provisions of this part will maintain a file of these 

measurements, and retain the file for at least five years following the date of such measurements, 

maintenance reports, and records. 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 United States 

Environmental Protection Agency regional office.
2

Approximately 350,000 sources are currently subject to these standards, with the gasoline 

dispensing facility segment alone accounting for about 340,000 of these facilities. However, a 

large percentage of these facilities are already complying with this rule as a result of their 

compliance with applicable State and local rules. We have minimized or eliminated the reporting 

and recordkeeping requirements under this rule for most of those sources. Therefore, the total 

estimated number of affected sources expected to incur reporting and recordkeeping costs under 

this rule is about 19,120. Also, there are no new or reconstructed facilities expected within the 

larger, bulk segment of the industry and new gasoline dispensing facilities are expected to be 

subject to State and local rules. Thus, we have estimated that no additional sources will become 

subject to the regulation and therefore, we expect that only existing sources will be subject to the 

reporting and recordkeeping requirements of the rule. We have, however, included a description 

of the notifications that would be required if new affected sources are constructed.

None of the 350,000 facilities in the United States are owned by state, local, tribal or the 

Federal government. They are owned and operated by privately owned for-profit businesses. You 

can find the different burdens to the “Affected Public” listed below, respectively, in Table 1a: 

One-Time Annual Respondent Burden and Cost - NESHAP for Gasoline Distribution Bulk 

Terminals, Bulk Plants, and Pipeline Facilities; and Gasoline Dispensing Facilities (40 CFR part 

63, subparts BBBBBB and CCCCCC) (Renewal) and Table 1b: Recurrent Annual Respondent 

Burden and Cost - NESHAP for Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline 

Facilities; and Gasoline Dispensing Facilities (40 CFR part 63, subparts BBBBBB and CCCCCC)

(Renewal) The Federal government burden does not include work performed by Federal 

employees. This particular burden refers only to work performed for the Federal government by

contractors, which can be found listed below in Table 2: Average Annual EPA Burden - NESHAP 

for Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities; and Gasoline 

Dispensing Facilities (40 CFR part 63, subparts BBBBBB and CCCCCC) (Renewal).

In the development of the ICR, we addressed the Office of Management and Budget (OMB) 

“Terms of Clearance (TOC)” on the active ICR. The TOC are as follows:

When this ICR is renewed, EPA should review the respondent 

burden, universe, labor rates, and capital costs, and ensure these 

estimates have been updated.

EPA has addressed each item of concern in the TOC. The respondent burden, universe, 

labor rates, and capital cost, have been thoroughly checked and all estimates updated.

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 (HAP). These standards are applicable to new or existing sources of HAP 

and shall require the maximum degree of emission reduction. In addition, section 114(a) states 
3

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, HAP compounds found in the gasoline stored, transferred, 

and distributed at these facilities cause or contribute to air pollution that may reasonably be 

anticipated to endanger public health or welfare. Therefore, the NESHAP was promulgated for 

this area source category at 40 CFR part 63, subparts BBBBBB and CCCCCC. In total, this 

NESHAP will regulate 9 HAP compounds normally found in gasoline, including: benzene, 

ethylbenzene, hexane, toluene, xylenes, isooctane, naphthalene, cumene, and methyl tert-butyl

ether.

2(b) Practical Utility/Users of the Data

The recordkeeping and reporting requirements in the standard ensure compliance with 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 tests are required in order to determine an affected facility’s initial capability 

to comply with the emission standard. Continuous emission monitors are used to ensure 

compliance with the standard at all times. During the performance tests, a record of the operating 

parameters under which compliance was achieved may be recorded and used to determine 

compliance in place of a continuous emission monitor.

The notifications required in the standard 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 ensure that the pollution control devices are properly 

installed and operated, that leaks are being detected and repaired, and that the standards are being 

met. The performance test may also be observed.

The information generated by the monitoring, recordkeeping, and reporting requirements 

described in this ICR is used by the agency to ensure that facilities affected by the NESHAP 

continue to operate the control equipment in compliance with the regulation.

3. Non-duplication, Consultations, and Other Collection Criteria
4

The requested recordkeeping and reporting are required under 40 CFR part 63, subparts 

BBBBBB and CCCCCC.

3(a) Non-duplication

Some of the facilities subject to this NESHAP will also be subject to requirements under 40 

CFR part 60 new source performance standards (NSPS), subparts K, Ka, Kb, and XX. Some 

operations also occupy the same plant site as facilities complying with other NESHAP such as 40 

CFR part 63, subpart CC (the Refinery NESHAP). The burden requested for this NESHAP does 

not duplicate any of the burden accounted for under the mentioned NSPS or NESHAP subparts.

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 (76 FR 26900) on May 9, 2011. No comments were received on the burden 

published in the Federal Register.

3(c) Consultations

The Agency’s industry experts have been consulted, and the Agency’s internal data 

sources and projections of industry growth over the next three years have been considered. The 

primary source of information as reported by industry, in compliance with the recordkeeping and 

reporting provisions in the standard, is the Online Tracking Information System (OTIS) which is 

operated and maintained by the EPA Office of Compliance. OTIS is the EPA database for the 

collection, maintenance, and retrieval of all compliance data. The growth rate for the industry is 

based on our consultations with the Agency’s internal industry experts. 

The Gasoline Distribution - Area Sources NESHAP was developed with the help of 

industry stakeholders. Industry stakeholders were informed of the project’s progress in two 

stakeholder meetings conducted in Research Triangle Park, North Carolina. Table 1 contains the 

names, affiliations, and phone numbers of stakeholders involved in the rulemaking effort. These 

stakeholders were consulted during all phases of this NESHAP development.
5

Table 1. List of People Consulted in Gasoline Distribution NESHAP Development

It is our policy to respond after a thorough review of comments received since the last ICR 

renewal as well as those submitted in response to the first Federal Register notice.

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

None of these reporting or recordkeeping requirements violate any of the regulations 

established by OMB at 5 CFR part 1320, section 1320.5.

Name Organization Position Telephone

Charles Bennett Marathon Petroleum Co. Corporate Environment, Safety & 

Security

606-921-3636

Judy Bigon ExxonMobil 281-848-3506

Rob Ferry TGB Partnership Consultant 919-644-8250

Clay R. Freeberg Chevron Policy, Government & Public Affairs 925-842-3451

Joseph Green SIGMA and NACS 202-342-8451

Moraima Grinnell ExxonMobil

Kimber Hamilton Marathon Petroleum Co. Corporate Environment, Safety & 

Security

419-421-2891

Terri Holloman Magellan Pipeline

Tom Kelly Colonial Pipeline

Jan L. Laughlin ConocoPhillips Regulatory Issues Coordinator 281-293-1142

Tim L. Laughlin North Carolina Petroleum 

Marketers Association

Technical Director 919-782-4411

Usha Mehra ILTA/GATX Terminals 

Corporation

Environmental, Health and Safety 

Manager-Gulf Region

713-450-0400

Jack McClure Shell

Matthew A. Todd API Regulatory Analysis and Scientific 

Affairs

202-682-8319

Doug Vopat BP 216-271-8189

Peter Weaver ILTA
6

These standards require the respondents to maintain all records, including reports and 

notifications for at least five years. This is consistent with the General Provisions as applied to the 

standards. EPA believes that the five-year records retention requirement is consistent with the Part 

70 permit program and the five-year statute of limitations on which the permit program is based. 

The retention of records for five years allows EPA to establish the compliance history of a source, 

any pattern of non-compliance and to determine the appropriate level of enforcement action. 

EPA has found that the most flagrant violators have violations extending beyond the five years. 

In addition, EPA would be prevented from pursuing the violators due to the destruction or 

nonexistence of essential records.

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

None of the reporting or recordkeeping requirements contain sensitive questions.

4. The Respondents and the Information Requested

4(a) Respondents/SIC Codes

The respondents are owners or operators of gasoline distribution facilities subject to the 

recordkeeping and reporting requirements of the NESHAP for Gasoline Distribution Bulk 

Terminals, Bulk Plants, and Pipeline Facilities; and Gasoline Dispensing Facilities. The United 

States Standard Industrial Classification (SIC) codes for the respondents affected by the standards,

which corresponds to The North American Industry Classification System (NAICS) codes, are 

listed below for source category description.

Standards (40 CFR subparts 

BBBBBB and CCCCCC)

NAICS Codes SIC Codes

Pipeline transportation of refined 

petroleum products

486910 4613

Bulk gasoline terminals and bulk plants

424710 5171

Gasoline stations with convenience 

stores

447110 5411
7

Gasoline stations without convenience 

stores

447190 5541

Hazardous materials trucking - local 484220 4214

Hazardous materials trucking – long 

distance

484230

4213

4(b) Information Requested

None of these reporting or recordkeeping requirements violate any of the regulations 

established by OMB at 5 CFR part 1320, section 1320.5.

(i) Data Items

In this ICR, all the data recorded or reported is required by NESHAP for Gasoline 

Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities; and Gasoline Dispensing 

Facilities (40 CFR part 63, subparts BBBBBB and CCCCCC.

A source must make the following reports:

Notification Reports

Initial notifications, reports of startups, shutdowns, 

malfunctions, anticipated construction/reconstruction, and 

modification

63.5, 63.9(b)(2-5), 

63.10(d)(5), 

63.867(a)

Notification and report of performance test and results 63.7(a-b), 63.9(e), 

63.10(d)(2)

Notification of initial continuous monitoring system (CMS)/ 

continuous opacity monitoring system (COMS) demonstration

63.9(g), 63.867(a)

Notification and report of compliance status 63.9(h), 63.9(b)(2), 

63.11095(b).

Notification of installation of a new control device or 

reconstruction of an existing one

63.5(b)(6) and §63.5(d)(1)

Reporting results of CMS/COMS demonstration 63.10(e)(2), 63.867(a)

Semiannual compliance reports 63.10(e)(3), 63.867(c), 

63.11095(b)

A source must keep the following records:

Recordkeeping

Five years retention of records 63.10(b)(1), 63.11094(a

Startup, shutdown, and malfunction plan 63.6(e)(3), 63.866(a)

Records of startup, shutdown, and malfunction 63.6(e)(3)(iii)-(iv), 

63.10(b)(2)(i)-(v)
8

Recordkeeping

Records of performance tests 63.10(b)(2)(viii)

Documentation supporting initial notifications and notification 

of compliance status

63.10(b)(2)(xiv), 

63.11094(b)

Records of annual inspections 63.11094(a) and (e)

Record of operating parameter monitoring data, as well as 

specific records to ensure that the monitoring activities will 

provide an indication of the facility’s compliance, are to be kept 

pursuant to 

63.11094(b) and (f).

Electronic Reporting

Some of the respondents are using monitoring equipment that automatically records 

parameter data. Although personnel at the affected facility must continue to evaluate the data, 

internal automation has significantly reduced the burden associated with monitoring and 

recordkeeping at a plant site.

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

systems to transmit data electronically. However, electronic reporting systems are still not widely 

used. 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 CMS for opacity, or for pressure drop and liquid supply 

pressure for wet scrubber.

Perform initial performance test, Reference Method 18, Method 25A, and Method 271, 1A, as 

applicable, and repeat performance tests if necessary.

Write the notification 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.
9

Currently, sources are using monitoring equipment that provides parameter data in an 

automated way e.g., continuous parameter monitoring system. Although personnel at the source 

still need to evaluate the data, this type of monitoring equipment has significantly reduced the 

burden associated with monitoring and recordkeeping.

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, excess emissions reports, 

required to be submitted by industry.

Audit facility records.

Input, analyze, and maintain data in the Online Tracking Information System (OTIS).

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 operational. 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 compliance and 

enforcement programs.

Information contained in the reports is entered into OTIS which is operated and maintained 

by the EPA Office of Compliance. OTIS is the EPA database for the collection, maintenance, and 

retrieval of compliance data for approximately 8,000 industrial and government-owned facilities. 

EPA uses OTIS for tracking air pollution compliance and enforcement by local and state 

regulatory agencies, EPA regional offices, and EPA headquarters. EPA 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

Since these regulations address area sources of HAP emissions (i.e., a source that emits less 

than 10 tons per year of any individual hazardous air pollutant (HAP) or less than 25 tons per year 

of any combination of HAP), the a majority of the respondents (i.e., owners or operators of 
10

gasoline dispensing facilities, bulk plants, bulk terminals, pipeline breakout stations, and pipeline 

pumping stations) are typically small facilities and many of them meet the definition of a small 

business entity (i.e., small business) Therefore, the impact on small entities was taken into 

consideration during the development of these regulations. Due to technical considerations 

involving the process operations and the types of control equipment employed, the recordkeeping 

and reporting requirements are the same for both small and large entities. The Agency considers 

these to be the minimum requirements needed to ensure compliance and, therefore, cannot reduce 

them further for small entities. Construction, modification, and reconstruction reports take very

little time to complete and are filed only once. Equipment leak monitoring and storage tank 

inspection records are brief, and cargo tank vapor tightness documentation will be supplied 

primarily by independent cargo tank operators and kept at the gasoline distribution facility for each 

cargo tank and railcar that is to be loaded at the facility. To the extent that larger businesses can use 

economies of scale to reduce their burden, the overall burden will be reduced.

5(d) Collection Schedule

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

in both Table 1: Annual Respondent Burden and Cost - NESHAP for Gasoline Distribution Bulk 

Terminals, Bulk Plants, and Pipeline Facilities; and Gasoline Dispensing Facilities (40 CFR part 

63, subparts BBBBBB and CCCCCC (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. Wherever appropriate, 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 60,517 person-hours (Total Labor Hours 

summarized from Tables 1 (1.1 through 1.5). These hours are based on Agency studies and 

background documents from the development of the regulation, Agency knowledge and 

experience with the NESHAP program, the previously approved ICR, and any comments received.

6(b) Estimating Respondent Costs

This ICR uses the following labor rates:

Managerial $118.92 ($56.63 + 110%) 

Technical $97.78 ($46.56 + 110%)

Clerical $48.76 ($23.22 + 110%)
11

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

2010, "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 standard 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 monitor and other costs such as photocopying and postage.

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

Operation and Maintenance (O&M) Costs

(A)

Activity 

(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)

CPMS for 

vapor 

processors *

$0 0 $0 $1,000 110 $110,000

TOTAL $0 $1,000 $110,000

* Assumed that there are no new respondents that would be required to install operating parameter monitoring 

systems for vapor processors as a result of these regulations and would have associated O&M costs. The O&M costs 

for initial compliance have already occurred in order to comply with the existing rule. 

The total capital/startup costs for this ICR is $0. This is the total of column D in the table 

above. There were no capital costs included in the estimated monitoring, reporting, and 

recordkeeping costs because the types of monitors that are required by the rule (operating 

parameter monitors or CPMS for vapor processors) are typically included as a standard component 

of the control device itself. 

The total operation and maintenance (O&M) cost is $110,000 for CPMS, photocopying, 

and postage. This is the total of column G.

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 $110,000. 

6(c) Estimating Agency Burden and Cost

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

information. The EPA compliance and enforcement program includes activities such as: the 

examination of records maintained by the respondents; periodic inspection of sources of 
12

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 

$1,652,634.

This cost is based on the average hourly labor rate as follows:

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) “2011 General Schedule” 

which excludes locality rates of pay. The rates have been increased by 60 percent to account for 

the benefit packages available to government employees. Details upon which this estimate is 

based appear below in Table 2: Average Annual EPA Burden NESHAP for Gasoline Distribution 

Bulk Terminals, Bulk Plants, and Pipeline Facilities; and Gasoline Dispensing Facilities (40 CFR 

part 63, subparts BBBBBB and CCCCCC (Renewal).

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

We estimate that the number of potentially affected sources under this rule may be as high 

as 350,000. However, the gasoline dispensing facility segment alone accounts for about 340,000 

of these facilities. In addition, a large percentage of the total facilities in the gasoline distribution 

industry are already regulated by State and local rules that are as at least as stringent as this 

NESHAP. As a result of these facts, we have included provisions in the rule to allow those 

facilities that are complying with the requirements of State and local rules to minimize the burden 

of this NESHAP. For example, gasoline dispensing facilities that are located in States with 

submerged fill requirements will have no reporting or recordkeeping requirements under the 

NESHAP. Also, other types of facilities that are complying with the NESHAP by virtue of their 

compliance with State or local rules will be allowed to utilize performance tests and monitoring 

results performed as a condition of their State or local permit to satisfy the requirements of the 

NESHAP. Within the primary industry segments in the source category, it is estimated that the 

following numbers of affected area source facilities will incur a reporting or recordkeeping burden 

as a result of the NESHAP: 1,100 bulk terminals, 460 pipeline breakout stations, 1,800 pipeline 

pumping stations, 5,900 bulk plants, 9,860 gasoline dispensing facilities for a total of 19,120

facilities, as described in the table below. Therefore, we estimate that on average over the next 

three years, approximately 19,120 existing respondents will be subject to the standard. It is 

estimated that no additional new sources will become subject to the rule. The overall average

number of respondents, as shown in the table below is 19,120 per year. 

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

On an individual basis, the detailed bottom line burden hours and cost calculations for the 

respondents and the Agency are shown in Tables 1a, 1b, and 2, respectively, and summarized 

below. 
13

(i) Respondent Tally

The total annual labor costs are $6,068,409. Details regarding these estimates may be 

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

Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities; and Gasoline Dispensing 

Facilities (40 CFR part 63, subparts BBBBBB and CCCCCC (Renewal).

The total annual capital/startup and operation and maintenance (O&M) costs to the 

regulated entity are $110,000. 

(ii) The Agency Tally

The average annual Agency burden and cost over next three years is estimated to be 20,870

labor hours at a cost of $1,652,634. See below Table 2: Average Annual EPA Burden and Cost -

NESHAP for Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities; and 

Gasoline Dispensing Facilities (40 CFR part 63, subparts BBBBBB and CCCCCC (Renewal).

6(f) Reasons for Change in Burden

The adjusted decrease in burden from the most recently approved ICR is due to the 

assumption that existing sources would have already complied with the initial requirements of the 

rules, including testing and initial notifications. In addition, we expect that there would be no new 

facilities constructed or reconstructed over the next three years of this ICR that would need to 

conduct this initial testing. The total cost per year for labor decreased as a result of the revised 

changes even when we updated labor rates.

Because there are no new sources with reporting requirements, no capital/startup costs are 

incurred. The only cost that is incurred is for the operation and maintenance (O&M) of the 

parameter monitoring equipment for vapor processors

6(g) Burden Statement

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

estimated to average 8 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.
14

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-OAR-2011-0230. 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 content of the docket, 

and to access those documents in the public docket that are available electronically. When in the 

system, select “search” than 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, N.W., Washington, D.C. 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 Docket 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, N.W., Washington, D.C. 20503, Attention: Desk 

Officer for EPA. Please include the EPA Docket ID Number EPA-HQ-OAR-2011-0230 and 

OMB Control Number 2060-0620 in any correspondence.

Part B of the Supporting Statement

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

information.
15

Table 1(1.1 through 1.5): Annual Respondent Burden and Cost: NESHAP for Gasoline Distribution Bulk Terminals, Bulk 

Plants, and Pipeline Facilities; and Gasoline Dispensing Facilities (40 CFR part 63, subparts BBBBBB and CCCCCC (Renewal)

Assumptions for Table 1.1:

a) We expect no new affected sources the next 3 years of this ICR. Therefore, the estimated number of respondents remains unchanged as 1,100 existing bulk 

terminals.

b) Assumed that all bulk terminal loading racks with >250,000 gallons per day throughput (threshold for vapor processor control requirement) already have vapor 

processors and that all have been tested.

c) Assumed that 10 % of bulk terminals (110) must install operating parameter monitoring systems.

d) Assumed that 50 % of bulk terminals (550) must begin performing annual storage tank inspections and that all are currently performing equipment leak inspections 

at least once per month.

Burden Item (A) 

Technical Hrs 

per Occurrence

(B) 

Number of 

Occurrences 

per 

Respondent 

per Year

(C)

Technical 

Hours per 

Respondent 

(C=AxB)

(D)

Number of 

Respondents 

per Year*

(E)

Persons-Hours 

per year

(C*D)

Technical 

Persons-Hours 

per year 

(E*$97.78)

Management 

Hours per 

Year 

(E*0.05*$118.9

2/hr)

Clerical hours 

per Year 

(E*0.1*$48.76/

h)

Labor Cost per 

Year ($)

1.1 Bulk Terminals

(a) Read and understand 

rule requirements 6 1 6 0 0 0 0 0 0

(b) Prepare Initial 

Notification 4 0 4 0 0 0 0 0 0

(c) Perform Initial 

Performance Test 175 0 175 0 0 0 0 0 0

(d) Prepare Notification 

of Compliance Status 4 0 4 0 0 0 0 0 0

(e) Perform annual 

storage tank inspection 12 1 12 550 6600 645,348.00 39,243.60 32,181.6 716,773.20

(f) Perform equipment 

leak inspections 2 12 24 0 0 0 0 0 0

(g) Keep records of 

performance tests, storage 

tank and equipment leak 

inspections, and cargo 

tank vapor tightness 

documentation 0.75 12 9 733 6597 1,290,402.66 39,225,76 32,166.97 1,361,795.39

(h) Submit semiannual 

compliance report 4 2 8 733 5864 1,863,784.58 34,867.34 28,592.86 1,927,244.78

Subtotal

19,061 2,437,166.50 113,336.70 92,941.434 2,643,444.63
16

Table 1.2

Burden Item

(A) 

Technical Hrs 

per Occurrence

(B) 

Number of 

Occurrences 

per 

Respondent 

per Year

(C)

Technical 

Hours per 

Respondent 

(C=AxB)

(D)

Number of 

Respondents 

per Year*

(E)

Persons-Hours 

per year

(C*D)

Technical 

Persons-Hours 

per year 

(E*$97.78)

Management 

Hours per 

Year @ 

(E*0.05*$118.9

2/hr)

Clerical 

hours per 

Year 

(E*0.1*$48.7

6/h))

Labor Cost per 

Year ($)

1.2 Pipeline Breakout 

Stations

(a) Read and understand 

rule requirements 6 1 6 0 0 0 0 0 0

(b) Prepare Initial 

Notification 8 1 8 0 0 0 0 0 0

(c) Prepare Notification 

of Compliance Status 8 1 8 0 0 0 0 0 0

(d) Perform annual 

storage tank inspection 12 1 12 230 2,760 269,872.8 16,410.96 13,457.76 299,741.52

(e) Perform equipment 

leak inspections 2 4 8 0 0 0 0 0 0

(f) Keep records of 

storage tank and 

equipment leak 

inspections 16 1 16 306 1,836 179,524.08 10,916.86 8,952.34 199,3993.28

(g) Submit semiannual 

compliance report 4 2 8 306 2,448 239,365.44 14,555.81 11,936.45 265,857.70

Subtotal 7,044 688,762.32 41,883.62 34,346.55 764,992.5

Assumptions for Table 1.2:

a)We expect no new affected sources the next 3 years of this ICR. Therefore, the estimated number of respondents remains unchanged as 460 pipeline breakout 

stations.

b)Assumed that 50 % of pipeline breakout stations (230) must begin performing annual storage tank inspections and that all are currently performing equipment 

leak inspections at least once per month.
17

Table 1.3

Burden Item (A) 

Technical 

Hrs per 

Occurrence

(B) 

Number of 

Occurrences 

per 

Respondent 

per Year

(C)

Technical 

Hours per 

Respondent 

(C=AxB)

(D)

Number of 

Respondents 

per Year*

(E)

Persons-Hours 

per year

(C*D)

Technical 

Persons-Hours 

per year 

(E*$97.78)

Management 

Hours per 

Year 

(E*0.05*$118.9

2/hr)

Clerical 

hours per 

Year 

(E*0.1*$48.7

6/h)

Labor Cost per 

Year ($)

1.3 Pipeline Pumping

Stations

(a) Read and understand 

rule requirements 4 1 4 0 0 0 0 0 0

(b) Prepare Initial 

Notification 1 1 4 0 0 0 0 0 0

(c) Prepare Notification 

of Compliance Status 1 1 4 0 0 0 0 0 0

(d) Perform equipment 

leak inspections 1 12 12 0 0 0 0 0 0

(e) Keep records of 

equipment leak 

inspections 0.1 12 1.2 1,200 1,440 140,803.20 190.90 7,021.44 148,015.54

(f) Submit semiannual 

compliance report 0.25 2 1 1,200 600 58,668.00 148.90 2,925.6 61,742.5

Subtotal 2,040 199,471.20 339.8 9,947.04 209,758.04

Assumptions for Table 1.3:

a) We expect no new affected sources the next 3 years of this ICR. Therefore, the estimated number of respondents remains unchanged as 1,800 pipeline pumping 

stations.

b) Assumed that all facilities currently inspect for leaks at least once per month.

c) Assumed that, on an annual average basis, 2 percent of facilities (36) will be required to submit a semiannual compliance report because of delays in repairing 

equipment leaks.
18

Table 1.4

Burden Item (A) 

Technical Hrs 

per Occurrence

(B) 

Number of 

Occurrences 

per 

Respondent 

per Year

(C) Technical 

Hours per 

Respondent 

(C=AxB)

(D)

Number of 

Respondents 

per Year*

(E)

Persons-Hours 

per year

(C*D)

Technical 

Persons-Hours 

per year 

(E*$97.78)

Management 

Hours per 

Year 

(E*05*$118.92

/hr)

Clerical 

hours per 

Year

(E*0.1*$48.7

6/h)

Labor Cost per 

Year ($)

1.4 Bulk Plants

(a) Read and understand 

rule requirements

 4 1 4 0 0 0 0 0 0

(b) Read and understand 

rule requirements

 2 1 2 0 0 0 0 0 0

(c) Prepare Initial 

Notification 2 1 2 0 0 0 0 0 0

(d) Prepare Notification 

of Compliance Status

 1 1 1 0 0 0 0 0 0

(e) Perform equipment 

leak inspections

 0.25 12 3 0 0 0 0 0 0

(f) Keep records of 

equipment leak 

inspections 0.10 12 1.2 3,933 4,719.60 461,482.49 28,062.74 22,984.45 512,529.68

(g) Submit semiannual 

compliance report

 1 2 2 118 236 23,076 1,403,26 1,149.32 25,628.58

Subtotal 4,955.6 538,158.26

Assumptions for Table 1.4:

a) We expect no new affected sources the next 3 years of this ICR. Therefore, the estimated number of respondents remains unchanged from previous ICR at 5,900 

bulk plants.

b) Assumed that all facilities currently inspect for equipment leaks at least once per month.

c) Assumed that, on an annual average basis, 2 percent of facilities (118) will be required to submit a semiannual compliance report because of delays in repairing 

equipment leaks.
19

Table 1.5

Burden Item (A) 

Technical Hrs 

per Occurrence

(B) 

Number of 

Occurrences 

per 

Respondent 

per Year

(C) 

Technical 

Hours per 

Respondent 

(C=AxB)

(D)

Number of 

Respondents 

per Year*

(E)

Persons-Hours 

per year

(C*D)

Technical 

Persons-Hours 

per year 

(E*$97.78)

Management 

Hours per 

Year 

(E*05*$118.92

/hr)

Clerical 

hours per 

Year

(E*0.1*$48.7

6/h)

Labor Cost per 

Year ($)

1.5 Gasoline Dispensing 

Facilities

(a) Read and understand 

rule requirements

((facilities >100k already 

in compliance) 0.5 1 0.5 0 0 0 0 0 0

(b) Read and understand 

rule requirements 

(facilities <100k already 

in compliance) 0.25 0.33 0.25 0 0 0 0 0 0

(c) initial vapor balance 

system testing 6 1 6 0 0 0 0 0 0

(d) Prepare Initial 

Notification 1 1 1 0 0 0 0 0 0

(d) Prepare Notification 

of Compliance Status 1 1 1 0 0 0 0 0 0

(e) vapor balance system 

testing 6 0.3 1.98 9,860 19,523 1,908,958.94 1,095.07 2,001.06 1,912,055.07

Subtotal 19,523 1,912,055.07

Assumptions for Table 1.5:

a) We expect no new affected sources the next 3 years of this ICR. Of the total 340,000 facilities, 243,587 facilities with throughputs of <100,000 gpm that are 

complying with a SLT submerged fill requirement, and for the 85,340 facilities with throughputs of >100,000 gpm that are complying with a state (SLT) vapor 

balancing requirement, there are no other reporting or recordkeeping requirements associated with this rule for this ICR. Therefore, the estimated number of 

respondents with recordkeeping and reporting requirements remains unchanged from the previous ICR as 11,073 gasoline dispensing facilities, of which 9,860 

install vapor balance system and 1,213 must add submerged filled s a result of this rulemaking. 

b) Assume that all existing sources are in compliance with initial requirements. 

c) Assume vapor balance pressure retesting require every three years. There are 9,860 gasoline dispensing facilities would have to retest. 
20

Summary (Tables 1.1 through 1.5): Total Annual Respondent Burden and Cost – NESHAP for Gasoline Distribution Bulk Terminals, 

Bulk Plants, and Pipeline Facilities; and Gasoline Dispensing Facilities (40 CFR part 63, subparts BBBBBB and CCCCCC (Renewal)

Average 

Number of 

Respondents 

per year 

Average Number 

of Activities per 

Respondent

Total Annual 

Hours

Average Hours 

per Facility per 

Yearb

Total Labor 

Cost per Yearc

19,120 5 60,517.14 3.1 $ 6,068,409

Assumptions for Table 1: 

a) Estimated by summing the annual technical (52,623.6), managerial (2,631.1), and clerical (5,262.36 )hours for all facility types and activities.

b) Obtained by dividing total annual hours by the number of respondents.

c) Includes technical, managerial, and clerical labor costs for affected sources as calculated in the tables for bulk terminals, pipelines breakout stations, pipeline 

pumping stations, bulk plants and gasoline dispensing facilities.

.

.
21

Table 2: Average Annual EPA Burden and Cost - NESHAP for Gasoline Distribution Bulk Terminals, Bulk Plants, and 

Pipeline Facilities; and Gasoline Dispensing Facilities (40 CFR part 63, subparts BBBBBB and CCCCCC (Renewal

Burden Item

(A)

Number of 

Activities 

per Year

(B)

EPA 

Hours per 

Activity

(C)

Total 

EPA 

Technical 

Hours for 

Item

Technical 

Hours per 

Year 

(C*$46.21)

Management 

Hours per Year 

(C*0.05*$62.27/hr)

Clerical Hours 

per Year 

(C*0.1*$25.01/hr)

EPA Cost 

per Year 

($/yr)

Review of

storage tank 

inspection 

reports

 

780 

 

4 

 

3,120 144,175.2 194282.4 78031.2 416488.8

Review 

semiannual 

compliance 

reports 4714

 

2 9,428 435,667.88 29,354.08 23,579.43 488,601.39

Review of

other, 

non-routine 

reports 1400

 

4 5600 258776 348712 140056 747544

TOTAL 6,894 18,148 1,652,634.19

Assumptions for Table 2:

a) This cost is based on the average hourly labor rate from the Office of Personnel Management (OPM) “2011 General Schedule” which excludes locality rates of 

pay. 

b) Number of activities per year is the sum of the number of applicable respondents from Tables 1.1 through 1.5.

c) Assumed that 10 percent of affected facilities industry-wide will submit non-routine reports each year.
22

Table 2b:

Assumptions for Table 2b:

a) The average annual hours is the total hours for technical, managerial and clerical.

a)

Number of 

Industry

Respondents

Number of 

Agency

Activities

Average 

Annual 

Hoursa

Average Hours 

per Industry

Respondent

Total 

Annual 

Labor Costb

19,120 6,894 20,870 1.09 $1,652,634