SUPPORTING STATEMENT ENVIRONMENTAL PROTECTION AGENCY NESHAP for Marine Tank Vessel Leading Operations (40 CFR Part 63, Subpart Y) (Renewal)
1. Identification of the Information Collection 1(a) Title of the Information Collection NESHAP for Marine T ank Vessel Leading Operations (40 CFR Part 63, Subpart Y) (Renewal) , EPA I CR Number 1679.06, OMB Control Number 2060

- 0289 1(b) Short Characterization/Abstract The National Emission Standards for Hazardous Air Pollutants (NESHAP) for Marine Tank Vessel L oading Operations, published at 40 CFR part 63, subpart Y, were proposed on May 13, 1994, and promulgated on September 19, 1995. These regulations apply maximum achievable control technology (MACT) standards to existing facilities and new facilities that load marine tank vessels with petroleum or gasoline and have aggregate actual HAP emissions of 10 tons or more of HAP or 25 tons or more of all HAP combined. These regulations also apply reasonabl y available control technology (RACT) standards to such fac ilities with an annual throughput of 10 million or more barrels of gasoline or 200 million or more barrels of crude oil. New facilities include those that commenced construction or reconstruction after the date of proposal. This information is being coll ected to assure compliance with 40 CFR part 63, subpart Y. In general, all NESHAP standards require initial notifications, performance tests, and periodic reports by

the owners/operators of the affected facilities. They are also required to maintain reco rds of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility , or any p eriod during which the monitoring system is inoperative. These notifications, reports, and records are essential in determining c ompliance, and are required of all affected facilities subject to NESHAP. Any owner/operator subject to the provisions of this part shall maintain a file of these measurements, and retain the file for at least five years following the date of such measure ments, maintenance reports, and records. In addition, the owner/operator shall keep the written operation and maintenance plan on record for the life of the facility

. A ll 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 (EPA) regional office. Approximately

804 sources are currentl y s ubject to the standard. Of the 804 sources 38 of the existing sources are currentl y subject to the emissions standard, and the remaining 766 facilities are not subject to the emissions standards, but are still subject to some of the recordkeeping requirements. It is estimated that there will be no new growth in the industry ov er the next three years.2

There are approximately 804 marine tank vessel loading plants in the United States, which are owned and operated by the M arine T ank V essel L oading industry

. All the se 804 facilities in the United States are owned and operated b y privately

- owned , for

- profit businesses. You can find the burden to the “Affected Public” listed below in Table 1: Annual Industry Burden and Cost

- NESHAP for Marine Tank Vessel Loading Operations (40 CFR Part 63, Subpart Y). The Federal government burden does not include work performed by Federal employees. The burden refers only to work performed by

contractors, which could be found listed below in Table 2: Average Annual EPA Burden

- NESHAP for Marine Tank Vessel Loading Operations (40 CFR Part 63, Subpart Y ). The Office of Management and Budget (OMB) approved the currently active ICR without any “Terms of Clearance.”
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 A ir Act, as amended, to establish standards of performance for each category or subcategory

of major sources and area sources of hazardous air pollutants (HAP). T hese 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 that the Administrator may require any o wner 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 reasonabl y require. ” In the Administrator's judgment, HAP and volatile organic compounds (VOC) emissions from marine tank vessel loading operations cause or contribute to air pollution that may r easonably be anticipated to endanger public health or welfare. T herefore, the NESHAP was promulgated for this source category

at 40 CFR part 63, subpart Y. 2(b) Practical Utility/Users of the Data The recordkeeping and reporting requirements in the standard ensure compli ance 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.3

Performance tests are required in order to determine an affected facility’s i nitial 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 requireme nts of the regulations. The reviewing authority may then inspect the source to ensure that the pollution control devices are properl y installed and operated, that leaks are being detected and repaired, and that the standards are being met. The performanc e test may also be observed. 3. Nonduplication, Consultations, and Other Collection Criteria The requested recordkeeping and reporting are required under 40 CFR part 63, subpart Y. 3(a) Nonduplication If the subject standards have not been delegated, the information is sent directly to the appropriate EPA regional office. Otherwise, the information is sent directl y to the delegated state or local agency
. If a state or local agency h as adopted their own similar standards to implement the Federal stan dards, a cop y of the report submitted to the state or local agency can be sent to the Administrator in lieu of the report required b y 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 IC R was published in the Federal Register (72 FR 10736) on March 9, 2007. N o comments were received on the burden published in the Federal Register

. 3(c) Consultations
T he 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 b y industry , in compliance with the recordkeeping and rep orting provisions in the standard, is the Online Tracking Information System (OTI S) 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. Approximately

804 respondents will be subject to the standard over the three

- year period covered by this ICR. Industry trade associations and other intere sted parties were provided an opportunity to comment on the burden associated with the standard as it was being developed, and the standard has been previously

reviewed to determine the minimum information needed for compliance purposes.4

It is our polic y 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 m et. If the information required b y these standards was collected less frequentl y, 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 reportin g or recordkeeping requirements violate any of the regulations established by

OMB at 5 CFR part 1320, section 1320.5. These standards require the respondents to maintain all records, including reports and notifications for at least five years. T his is consistent with the General Provisions as applied to the standards. E PA believes that the five

- ye ar records retention requirement is consistent with the Part 70 permit program and the five

- ye ar 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 p attern of non - compliance, and to determine the appropriate level of enforcement action. E PA has found that the most flagrant violators have violation s extending beyond the five years. In addition, EPA would be prevented from pursuing the violators due to either the destruction or nonexistence of essential records. 3(f) Confidentiality Any i nformation submitted to the Agency for which a claim of con fidentiality i s 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 b y 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 C odes The respondents to the recordkeeping and reporting requirements are marine tank vessel loading operations at marine terminals. The United States Standard Industrial Classification (SI C)5

code for the respondents affected b y the standards is 4491 , wh ich corresponds to the North American Industry

Classification Sy stem (NAICS) 488320 for Marine Cargo Handling, and 488310 for Port and Harbor Operations. 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 the National Emission Standards for Hazardous Air Pollutants for Marine Tank Vessel Loading Operations (40 C FR Part 63, Subpart Y). A source must make the following reports:
Notifications Notification of performance test 63.7(b), 63.9(e), 63.567(a) Notification of the date the continuous monitoring s ys tem (CMS) performance evaluation is scheduled to begin. 6 3.8(e)(2), 63.9(g)(1), 63.567(a) Notification of compliance status. 63.9(h), 63.567(a) Notifications of adjustments to time periods or deadlines for submittal and review of required communications. 63.9(i), 63.567(a) Notification of changes in informati on provided to the Administrator. 63.9(j), 63.567(a) Initial notifications, applications for approval of construction or reconstruction. 63.5, 63.566, 63.567(a) and (b)(1)

- (b)(5) Notification of intent to construct/reconstruct. 63.5, 63.9(b)(4), 63.567(a) and (b)(4)(i) Notification of the date when construction/reconstruction was commenced. 63.567(a) and (b)(4)(ii) Notification of the anticipated date of startup of the source. 63.567(b)(4)(iii) Notification of the actual date of startup of the source. 63.567(a) and (b)(4)(iv) Additional initial notifications for MACT sources. 63.567(b)(5) Request for extension of compliance. 63.6(i)(4)(i)(B), (i)(5), and (i)(6), 63.567(c) Reports Report of performance (opacity) testing of flares. 63.567(d), 63.565( e), 63.116 Reports Annual summary

reports of excess emissions and continuous monitoring sy stem performance reports (semiannual, if there are excess emissions). 63.10(c)(5), 63.10(c)(8), 63.10(c)(10) through (c)(13), 63.563(b), 63.567(a) and (e) Engineering report for vapor collection s ys tems. 63.567(f) Annual report of source = s HAP control efficiency including identification of each pollutant monitored. 63.10(e)(3)(vi), 63.565(l), 63.567(a) and (j)(3) Reporting results of performance tests/evaluations. 63.7, 63. 8(e), 63.9(h), 63.10(d), 63.10(e)(1), 63.567(a) Progress reports related to an extension of compliance. 63.6(i), 63.10(d)(4), 63.567(a) A source must keep the following records: Recordkeeping Records of all excess emissions and monitoring system perf ormance reports. 63.567(e)(4) Records of engineering reports describing vent s ystem or vapor collection sy stem. 63.567(f) Records of all periods when flow b ypassing the control device is indicated. 63.563(a)(1), 63.564(b), 63.567(g)(1) Records of change s in position and maintenance of car

- sealed valves. 63.564(b)(3), 63.567(g)(2) Records of vapor tightness documentation. 63.563(a)(4), 63.567(h) Documentation of vapor tightness test results for marine tank vessels. 63.563(a)(4), 63.565(c)(1) and (2), 63 .567(i) Retain records of the current, written operation and maintenance plan for the life of the source. If plan is revised, retain records of the previous (i.e., superseded) operation and maintenance plan for at least 5 ye ars after the revision. 63.562 (e)(5)
Records of measurements and calculations used to identify exempted commodities. 63.560(d), 63.567(j)(1) Records of emissions estimation calculations. 63.565(l), 63.567(j)(2) Records of emissions estimates and actual throughput for owners and operators of marine tank vessel loading operations. 63.560(a)(3), 63.565(l), 63.567(j)(4) Records of leak detection and repair of vapor collection sy stems and control devices. 63.563(c), 63.567(k) Records of the occurrence and duration of each malfunction of the control equipment. 63.10(b)(2)(ii), 63.567(a)7 Recordkeeping Records of all maintenance performed on the air pollution control equipment. 63.10(b)(2)(iii), 63.567(a) Records of periods during which a CMS is malfunctioning. 63.10(b)(2)(vi), 63.567(a) Records of al l measurements, results from performance tests, CMS calibration checks, adjustments made to CMS, emission levels, information demonstrating whether a source is meeting the requirements for a waiver, and supporting documentation for initial notifications an d notification of compliance status. 63.10(b)(2)(vii) through (b)(2)(xiv), 63.567(a)

Records of all CMS measurements. 63.10(c)(1), 63.567(a) Records of all CMS malfunctions or exceedances. 63.10(c)(8) and (c)(10) through (c)(13), 63.567(a)
Electronic Reporting Some of the respondents are using monitoring equipment that automatically records parameter data. Although personnel at the affected facility must still evaluate the data, internal automation has significantly reduced the burden associated with monitoring and recordkeeping at a plant site. Also, regulatory

agencies in cooperation with the respondents continue to create reporting sy stems to transmit data electronically. However, electronic reporting s ys tems are still not widely used. At this ti me, it is estimated that approximately 10 percent of the respondents use electronic reporting. Respondent Activities Read instructions. Install, calibrate, maintain, and operate CMS for opacity , temperature change, and VOC emissions temperature change, and VOC emissions for control devices listed in 40 CFR 63.564(a) through (j). Perform initial performance test, using the procedures listed in 40 CFR 63.7 according to the applicability

in Table 1 of section 63.560, the procedures listed in section 63.564 , and the test methods listed in section 63.565, 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 technology and sy stems for the purpose s of processing , maintaining , disclosing, and providing information. Adjust the existing way s to comply with any previously applicable instructions and requirements. Train personnel to respond to a collection of information.8 Respondent Activities Transmit, or otherwise disclose the information.

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

e.g., continuous parameter monitoring s ys tem. Although personnel at the source still need to evaluate the data, this ty pe 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) AgencyActivities
EPA conducts the following activities in connection with the acquisition, analy sis, 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, anal yz e, and maintain data in the Online Tracking Information Sy stem (OTI S). 5(b) Collection Methodology and Management Following notification of startup, the reviewing authority might inspect the sourc e to determine whether the pollution control devices are properl y i nstalled and operational. P erformance test reports are used b y 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.
In formation contained in the reports is entered into OTI S 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 125,000 industrial and government

- owned facilities. E PA uses OTIS for tracking air pollution compliance and enforcem ent by l ocal and state regulatory

a gencies, 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 either the owner or operator for five years.9

5(c) Small Entity Flexibility The majority

of the respondents are large entities (i.e., large businesses). However, the impact on small entities (i.e., small businesses) was taken into consideration during the development of the regulatio n. Due to technical considerations involving the process operations and the ty pes 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. T o the ex tent that larger businesses can use economies of scale to reduce their burden, the overall burden will be reduced. 5(d) Collection Schedule
Th e specific frequency

f or each information collection activity w ithin this request is shown in Table 1: Annual Industry Burden for NESHAP for Marine Tank Vessel Loading Operations (40 CFR Part 63, Subpart Y), below. 6. Estimating the Burden and Cost of th e 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 I CR. The individual burdens are expressed under standardized headings believ ed 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 spon sor, 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 recordkeep ing and reporting requirements is estimated to be 9,872 (Total Labor Hours from Table 1). 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 (i) Estimating Labor Costs This I CR uses the following labor rates: Managerial $95.32 ($45.39 + 110%) Technical $64.60 ($30.76 + 110%) Clerical $40.09 ($19 .09 + 110%)10

These rates are from the United States Department of Labor, Bureau of Labor Statistics, December 2003, “Table 10. Private industry , by occupational and industry group.” The se 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 only costs to the regulated industry resulting from information coll ection activities required b y the subject standard are labor costs. There are no capital/startup or operation and maintenance costs.

(iii) Capital/Startup vs. Operation and Maintenance (O&M) Costs The only type of industry costs associated with the inf ormation collection activity in the regulations is labor costs. There are no capital/startup or operation and maintenance costs. 6(c) Estimating Agency Burden and Cost The only costs to the Agency

are those costs associated with anal ys is of the reporte d information. The EPA compliance and enforcement program includes activities such as: the examination of records maintained by the respondents, periodic inspection of sources of emissions, and the publication and distribution of collected information.
T he average annual Agency cost during the three years of the ICR is estimated to be $27,657. This cost is based on the average hourl y labor rate as follows: Managerial $54.66 (GS

- 13, Step 5, $34.16 + 60%) Technical $40.56 (GS

- 12, Step 1, $25.35 + 60%) Clerical $21.95 (GS

- 6, Step 3, $13.72 + 60%)
These rates are from the Office of Personnel Management (OPM) “ 2004 General Schedule ” which excludes locality

rates of pay . The rates have been increased by 60 percent to account for the benefit packages av ailable to government employees. Details upon which this estimate is based appear in Table 2: Average Annual EPA Burden, NESHAP for Marine Tank Vessel Loading Operations (40 CFR Part 63, Subpart Y) below. 6(d) Estimating the Respondent Universe and Tota l Burden and Costs Based on our research for this I CR, on average over the next three ye ars, approximately 804 respondents will be subject to the standard. It is estimated that no additional sources per year will become subject. The overall average number of respondents, as shown in the table below , is 804 per year. The number of respondents is calculated using the following table which addresses the11

three ye ars covered b y this I CR. Number of Respondents

Year (A)

Number of New Respondents 1 (B)

Numb er of Existing Respondents (C)

Number of Existing Respondents That Keep Records But Do Not Submit Reports (D)

Number of Existing Respondents That Are Also New Respondents (E)

Number of Respondents (E=A+B+C

- D)

1 0 38 766 0 804 2 0 38 766 0 804 3 0 38 7 66 0 804 Average 0 38 766 0 804

1 New respondent include sources with constructed, reconstructed and modified affected facilities. 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 ICR is 804. The total number of annual responses per ye ar is calculated using the following table: Total Annual Responses (A) Information Collection Activity (B) Number of Respondents (C)

Number of Responses (D)

Number of Existing Respondents That Keep Records But Do Not Submit Reports (E)

Total Annual Responses E=(BxC)+D

Notification of construction/reconstruction 0 1 0 0 Notification of anticipated startup 0 1 0 0 Notification of actual startup 0 1 0 0 Initial notification of applicability report 0 1 0 0 Waiver application 0 1 0 0 Alternate test method/monitoring application 0 1 0 0 Preparation of site

- specific test plan 0 1 0 0 Notification of initial compliance test date 0 1 0 0 Notification of initial compliance status (initial performance test) 0 1 0 0 Annual report of excess emissions and mo nitoring exceedances and/or summary report 38 1 0 38 Annual report of HAP control efficiency 38 1 0 38 Retain records of emissions estimates and actual throughtput 0 1 766 76 6 Total 84212

The number of Total Annual Responses is 842. The total annual labor costs are $629,850. Details regarding these estimates may be found in Table 1: Annual Industry Burden and Cost

- NESHAP for Marine Tank Vessel Loading Operations (40 CF R Part 63, Subpart Y), below. 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, respectivel y, and summarized below. (i) Respondent Tally The total annual labor costs are $629,850. Details regarding these estimates may be found in Table 1. Annual Respondent Burden and Cost: NESHAP for Marine Tank Vessel Loading Operations (40 CFR Part 63, Subpart Y), below . Furthermore , the annual public reporting and recordkeeping burden for this collection of information is estimated to average 12 hours per response. The total annual capital/startup and O&M costs to the regulated entity are $0. (ii) The Agency Tally The average annual Agency burden and cost over next three years is estimated to be 699 labor hours at a cost of $27,657. See Table 2. Annual Agency Burden and Cost: NESHAP for Marine Tank Vessel Loading Operations (40 CFR Part 63, Subpart Y), below. 6(f) Reasons for Change in Burden There is no change in the labor hours or cost in this I CR compared to the previous I CR. This is due to two considerations. First, the regulations have not changed over the past three years and are not anticipated to change over the next three ye ars. Secondl y, the growth rate for the industry is very low, negative or non

- existent, so there is no significant change in the overall burden. Since there are no changes in the regulatory requirements and there is no significant industry growth , the labor hours and cost figures in the previous ICR are used in this I CR, and there is no change in burden to industry

. 6(g) Burden Statement The annual public reporting and recordkeeping burden for this collection of information is estimated to average 12 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 s ys tems for the purposes of collecting, validating, and verifying13

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 sources; complete and review the collection of information; and transmit or otherwise disclose the information.
An a genc y m ay

not conduct n 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 EPAs regulations are listed at 40 CFR part 9 and 48 CFR chapter 15.
To c omment on the Agency's need for this information, the accuracy of the provided burden estimates, and any s uggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this IC R under Docket ID Number EPA

- HQ

- OECA

- 2007

- 0058. 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 sy stem, 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 In formation Center in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, N.W., Washington, DC. The EPA Docket C enter 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 telephone number for the Enforcement and Compliance Docket and Information Center Docket is (202) 566

- 1927

. Also, yo u can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, N.W., Washington, DC 20503, Attention: Desk Officer for EPA. Please include the EPA Docke t ID Number EPA

- HQ

- OECA

- 2007

- 0058 and OMB Control Number 2060

- 0289 in any correspondence. Part B of the Supporting Statement This part is not applicable because no statistical methods were used in collecting this information.Table 1: A nnual Responde nt Burden and Cost

– NESHAP for Marine Tank Vessel Loading Operations (40 CFR Part 63,

Subpart Y) (Renewal)

Burden item (A) Person hours per occurrence (B)

No. of occurrences per respondent per year (C)

Person hours per respondent per year (C=AxB) (D)

Res pondents per year a (E)

Technical person hours per year (E=CxD) (F)

Managem ent person hours per year (Ex0.05) (G)

Clerical person hours per year (Ex0.1) (H)

Cost, $ b, c

1. Applications N/A 2. Survey and Studies N/A 3. Reporting requirements A. Read instructions 1 1 1 38 38 2 4 $2,788 B. Required activities i. Performance test d 280 1 280 0 0 0 0 $0 ii. Repeat performance test d, e, f 280 1 280 0 0 0 0 $0 iii. Annua l leak check g 16 1 16 38 608 30 61 $44,612 iv. Annual vapor tightness check h, I, j 8 1 8 450 3,600 180 360 $264,150 C. Create information See 3B D. Gather existing information See 3E E. Write Report Notification of construction/reconstruction 2 1 2 0 0 0 0 $0 Notification of anticipated startup 2 1 2 0 0 0 0 $0 Notification of actual startup 2 1 2 0 0 0 0 $0 Initial notification of applicability report 4 1 4 0 0 0 0 $0 Waiver application m 2 1 2 0 0 0 0 $0 Alternative test method/monitoring application n 1 1 1 0 0 0 0 $0 Preparation of site

- specific test plan See 3B Notification of initial compli ance test date 2 1 2 0 0 0 0 $0 Notification of initial compliance status (initial performance test) See 3B Notification of changes in information provided to administrator 1 1 1 0 0 0 0 $0
Request for extension of compliance 1 1 1 0 0 0 0 $0 Extension of compliance progress reports 1 1 1 0 0 0 0 $0 Report of results of performance test/ evaluations 1 1 1 0 0 0 0 $0
Annual excess emissions and monitoring 32 1 32 38 1,216 61 122 $89,22415

Burden item (A) Person hours per occurrence (B)

No. of occurrences per respondent per year (C)

Person hours per respondent per year (C=AxB) (D)

Res pondents per year a (E)

Technical person hours per year (E=CxD) (F)

Managem ent person hours per year (Ex0.05) (G)

Clerical person hours per year (Ex0.1) (H)

Cost, $ b, c

exceedances report and/or summary report (ongoing compliance status report) k, o Report of HAP control efficiency l 8 1 8 38 304 15 30 $22,306 4. Recordkeeping requirements A. Read instructions 1 1 1 38 38 2 4 $2,788 B. Plan activities N/A C. Implement Activities 16 1 16 0 0 0 0 $0 D. Develop record system 16 1 16 0 0 0 0 $0 E. Time to enter information 1 52 51 38 1,976 99 198 $144 ,989 F. Time to train personnel N/A G. Perform audits N/A H. Retain records of emissions estimates and actual throughput (facilities with HAP emissions of less than 10 and 25 tons) 1 1 1 766 766 38 77 $56,205

I. Record and disclose information 1 1 1 38 38 2 4 $2,788 Subtotals Labor Burden and cost 8,584 429 859 $629,850 TOTAL LABOR BURDEN AND COST (rounded) 9,872 $629,850
Assu mptions: a We have assumed that there are approximately 804 sources that are subject to the standard. Of the 804 sources, 38 of the existing sources are currently subject to the emissions standard, and the remaining 766 facilities are not subject to the emissions standards, but are still subject to som e of the recordkeeping requirements. It is estimated that there will be no new growth in the industry over the next three years. b This ICR uses the following labor rates: $95.32 per hour for Executive, Administrative, and Managerial labor; $64.60 per hour for Technical labor, and $40.09 per hour for Clerical labor. These rates are from the United States Department of Labor, Bureau of Labor Statistics, Decembe r 2003, A Ta ble 10. Private industry, by occupational and industry group. @ The rates are from column 1, A Total compensation. @ The rates have been increased by 110 percent to account for the benefit packages available to those employed by private industry. c Calculation of burden and cost values reflects rounding of numbers. d We have assumed that this is a one

- time

- only costs. e We have assumed that 15 percent of the initial performance tests will be repeated due to failure. f We have assumed that it will take each respondent 280 hours to perform the test. g We have assumed it will take each resp ondent 16 hours once per year to complete annual leak checks.16

h We have assumed that this burden is to the owners of marine vessels and not to the affected facilities. i We have assumed that it will take each respondent eight hours once per year to compl ete the vapor tightness check. j This number is based on factors calculated for the original ICR in 1995. This ICR uses fleet factor and affected facility th roughput and then divided it in half. We have assumed that half of the facilities load at negati ve pressure. k We have assumed that it will take each respondent 32 hours once per year to complete the ongoing compliance status report. l We have assumed that it will take each respondent 8 hours once per year to complete the HAP control efficiency report.
m We have assumed that 5 percent of respondents will request a waiver.
n We have assumed that 1 percent of respondents will request alternative test methods or monitoring methods.
o Semiannual reports are required when there are excess emissions. We have assumed that there will be no excess emissions; therefore, each respondent will submit one excess emissions and monitoring exceedances report and/or summary report once per year.17

Table 2: Average Annual EPA Burden
- NESHAP for Marine Tank Vessel Loading Operations (40 CFR Pa rt 63, Subpart Y) (Renewal)

Activity (A) EPA person hours per occurrence (B)

No. of occurrences per plant per year (C)

EPA person hours per plant per year (C=AxB) (D)

Plants per year a (E) Tech nical person hours per year (E=CxD) (F)

Managem ent person - hours per year (Ex0.05) (G)

Clerical person hours per year (Ex0.1) (H)

Cost, $ b

Activity 1. Initial performance test c, d 40 1 40 0 0 0 0 $0 2. Repeat performance test c, d 40 1 40 0 0 0 0 $0 3. Report review Notification of construction/ reconstruction c 2 1 2 0 0 0 0 $0 Notification of anticipated startup c 2 1 2 0 0 0 0 $0 Notification of actual startup c 2 1 2 0 0 0 0 $0 Initial notificatio n of applicability report c 2 1 2 0 0 0 0 $0 Notification of

i nitial com

pliance test date c 2 1 2 0 0 0 0 $0 Waiver application c, e 2 1 2 0 0 0 0 $0 Notification of initial compliance status c 4 1 4 0 0 0 0 $0 Review of alternate t est me thod/monitoring application c, f 1 1 1 0 0 0 0 $0
Review of excess emissions and mo nitoring exceedances report and/or summary report g 8 1 8 38 304 15.2 30.4 $13,828.35
Report of HAP control efficiency h 8 3 8 38 304 15.2 3 0.4 $13,828.35 Subtotals Labor Burden and cost 604 30.4 60.8 $27,656.70 TOTAL ANNUAL BURDEN AND COST (rounded) 699.2 699 (rounded) $27,657

Assu mptions: a We have assumed that there are approximately 804 sources that are subject to the standard. Of the 804 sources, 38 of the existing sources are currently subject to the emissions standard, and the remaining 766 facilities are not subject to the emissions standards, but are still subject to some of the recordkeeping requirements. It is es timated that there will be no new grow th in the industry over the next three years. b This cost is based on the following hourly labor rates times a 1.6 benefits multiplication factor to account for government o verhead expenses: $54.66 for Managerial (GS

- 13, Step 5, $34.16 x 1.6), $40.56 for Technical (GS

- 12, Step 1, $25.35 x 1.6) and $21.95 Clerical (GS

- 6, Step 3, $13.72 x 1.6). T hese rates are from18

the Office of Personnel Management (OPM) A 2004 General Schedule @ which excludes locality rates of pay.
c We have assumed that this is a one

- time

- only cost. d We have assumed that EPA will attend 10 percent of the initial performance tests and will not attend repeat tests. e We have assumed that 5 percent of respondents will request a waiver. f It is assume d that 1 percent of facilities will request alternative test methods or monitoring methods. g Semiannual reports are required when there are excess emissions. We have assumed that there will be no excess emissions; the refore, each facility will submit o ne excess emissions and monitoring exceedances report and/or summary report each year. h We have assumed that it will take 8 hours for each respondent to review the report.